[Rev. 2/28/2019 12:32:13 PM]
κ1979 Statutes of Nevada, Page 601 (CHAPTER 358, AB 772)κ
in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which date [shall] may be not less than 10 days and not more than 40 days subsequent to the date of the [posting.] notification.
4. Except as provided in subsection 5, if, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body may make [such] the order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.
5. If a utility has an easement over the property, the governing body shall provide in its order for the continuation of that easement.
6. The order [shall] must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon [such] the recordation title to the street or easement reverts upon the payment required in subsection 7, to the abutting property owners in the approximate proportion that the property was dedicated by [such] the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion [thereof,] of it, the governing body may sell [such] the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body so sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no such action [shall] may be taken by the governing body to force [such] the owner to purchase [such] that portion and [no such portion shall] that portion may not be sold to any person other than [such] the owner if [such] the sale would result in a complete loss of access to a street from [such] the abutting property.
7. The abutting property owners shall pay for title to the proportionate part of the street such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply [such] the benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.
8. Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.
9. In any vacation or abandonment of any street or portion [thereof,] of it, the governing body may reserve and except therefrom any easements, rights or interests therein which the governing body may deem desirable for the use of the city or of any public utility.
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κ1979 Statutes of Nevada, Page 602κ
Assembly Bill No. 633Committee on Government Affairs
CHAPTER 359
AN ACT relating to the preservation of public highways; authorizing appropriate county officials to remove obstacles and encroachments from the public highways; 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 405.230 is hereby amended to read as follows:
405.230 1. Any person [or persons who shall,] who, in any manner, [obstruct] obstructs any road, street or alley, or in any manner [injure the same, or prevent] damages it or prevents travel thereon, or who [shall obstruct, dam or divert] obstructs, dams or diverts any stream or water so as to throw [the same,] it, or cause the flowage thereof, upon, across or along the pathway of any road, highway, street or alley [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the extent of damage to the section of the road, street, alley or highway damaged and in no event less than a misdemeanor.
2. The court before which [such conviction shall be] the conviction is had shall order the sheriff or any constable of the county to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of [such] the road, street or alley, or any obstruction from [such] the stream so as to allow [the same] it to flow in its natural bed.
3. The department of public works or any other appropriate county agency is authorized to remove from the highways any unlicensed obstacle or encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, before the expiration of 5 days after personal service of notice and demand upon the owner of the obstacle or encroachment or his agent. In lieu of personal service upon that person or his agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the obstacle or encroachment described in the notice. Removal by the department or other agency of the obstacle or encroachment on the failure of the owner to comply with the notice and demand gives the department or other agency a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day the obstacle or encroachment remains after the expiration of 5 days from the service of the notice and demand.
4. As used in this section, obstacles or encroachments means any objects, materials or facilities not owned by the county that are placed within a right-of-way of the county for storage purposes or decorative improvements for front lots that are not a part of a highway facility. The term does not include vehicles parked in a lawful manner within that right-of-way.
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κ1979 Statutes of Nevada, Page 603κ
Assembly Bill No. 509Assemblyman Westall (by request)
CHAPTER 360
AN ACT relating to dispensing opticians; reducing the age of eligibility to qualify for examination and certification; 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 637.100 is hereby amended to read as follows:
637.100 A candidate, in order to qualify for examination and certification as an ophthalmic dispenser, must furnish proof that he:
1. Is at least [21] 18 years of age.
2. Is of good moral character.
3. Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
4. Is a graduate of an accredited high school or its equivalent.
5. Has:
(a) Served as an apprentice for not less than 4 calendar years full-time employment in an optical establishment where prescriptions for optical glasses from given formulae have been filled, and has acquired experience in the production and reproduction of ophthalmic lenses and mounting the [same] lenses to supporting materials, and 1 year of ophthalmic dispensing experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist; or
(b) Successfully completed a course of study in a school of ophthalmic dispensing recognized by the board as maintaining a satisfactory standard, and 1 year of ophthalmic experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist.
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Assembly Bill No. 341Assemblymen Harmon, Dini, May, Getto, Weise, Mello, Banner, Barengo, Hickey, Bremner, Robinson and Sena
CHAPTER 361
AN ACT relating to legal holidays; providing for the observance of Veterans Day on a weekday when November 11 falls on a Saturday or Sunday; 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 236.015 is hereby amended to read as follows:
236.015 1. The following days are declared to be legal holidays for state and county government offices:
κ1979 Statutes of Nevada, Page 604 (CHAPTER 361, AB 341)κ
January 1 (New Years Day)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
October 31 (Nevada Day)
November 11 (Veterans Day)
Fourth Thursday in November (Thanksgiving Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States or by the governor for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans Day.
2. All state and county offices, courts, banks, savings and loan associations, public schools and the University of Nevada System shall close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or part thereof are specifically exempted.
3. If January 1, July 4, October 31, November 11 or December 25 falls upon a:
(a) Sunday, the Monday following shall be observed as a legal holiday.
(b) Saturday, the Friday preceding shall be observed as a legal holiday.
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Assembly Bill No. 141Assemblymen Stewart, Hayes, Horn, Sena, FitzPatrick, Brady, Tanner and Fielding
CHAPTER 362
AN ACT relating to crimes against public decency and good morals; prohibiting the advertisement of prostitution where its practice is unlawful; providing a penalty; 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 201.430 is hereby amended to read as follows:
201.430 1. It is unlawful for any [person, company, association or corporation doing business in this state] owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise [, in] any house of prostitution:
(a) In any public theater, [or] on the public streets of any city or town, or on [the] any public highway [, any resort where persons congregate for the purpose of engaging in acts of prostitution.] ; or
(b) Anywhere in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
2. Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
κ1979 Statutes of Nevada, Page 605 (CHAPTER 362, AB 141)κ
location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
[2.] 3. Any person, company, association or corporation violating the provisions of this section shall be punished:
(a) For the first offense, by a fine of not more than $500.
(b) For any subsequent offense, for a misdemeanor.
Sec. 2. NRS 201.440 is hereby amended to read as follows:
201.440 Any person, company, association or corporation [doing business in this state] who knowingly [aids, abets, solicits, encourages, permits or] allows any [person, company, association or corporation] owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his place of business [, by any device, any roadhouse or resort where persons congregate for the purpose of engaging in acts of prostitution,] shall be punished:
1. For the first offense, by a fine of not more than $500.
2. For any subsequent offense, for a misdemeanor.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1979.
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Senate Bill No. 319Committee on Finance
CHAPTER 363
AN ACT relating to public child welfare services; repealing the requirement for counties to participate in payment of the nonfederal share of the cost of certain such services; providing for the state to pay the entire nonfederal share; 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 432.040 is hereby amended to read as follows:
432.040 [1. In the case of placement of a child under the provisions of paragraph (c) of subsection 1 of NRS 432.020, 100 percent of the] The nonfederal share of all expenses for special services [,] and [66 2/3 percent of the nonfederal share of all expenses for] maintenance [, shall] provided to children and unmarried mothers pursuant to subsection 1 of NRS 432.020 must be paid from [moneys] money which may be provided to the welfare division by direct legislative appropriation. [Thirty-three and one-third percent of the nonfederal share of all expenses for maintenance shall be paid by the county from which the child was placed.
2. In the case of unmarried mothers, children awaiting adoptive placement and handicapped children who are receiving specialized care, training or education, 100 percent of the nonfederal share of expenses for maintenance and special services shall be paid from moneys which may be provided to the welfare division by direct legislative appropriation.]
κ1979 Statutes of Nevada, Page 606 (CHAPTER 363, SB 319)κ
for maintenance and special services shall be paid from moneys which may be provided to the welfare division by direct legislative appropriation.]
Sec. 2. NRS 432.070 is hereby amended to read as follows:
432.070 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the state child welfare services fund, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list [shall be] is subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the state child welfare services fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant [shall] must be for the total amount of federal [,] and state [and county funds] money to which each claimant is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the welfare division. Immediately thereafter the welfare division shall mail them to the individual recipients. The facilities of the central mailing room shall be used.
Sec. 3. NRS 432.060 is hereby repealed.
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Senate Bill No. 255Senators Kosinski, Gibson, Lamb, Close, Don Ashworth, Keith Ashworth, Blakemore, Dodge, Echols, Faiss, Ford, Glaser, Hernstadt, Jacobsen, McCorkle, Neal, Raggio, Sloan, Wilson and Young
CHAPTER 364
AN ACT relating to state financial administration; requiring all state positions to be classified into broad occupational classes and approval of interim finance committee to change those positions from one class or subclass to another; prohibiting certain state agencies from accepting gifts or grants except under certain circumstances; requiring approval of interim finance committee to alter authorized expenditures of state money and to alter work programs; revising provisions for compensation of members of the legislature for certain meetings between sessions; requiring all state money to be deposited in the state general fund unless otherwise specifically authorized; providing for the determination of salaries for unclassified positions by the legislature; and providing other matters properly relating thereto.
[Approved May 15, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. For the purposes of NRS 353.205 and section 6 of this act, the chief shall prepare and maintain an index which categorizes all positions in the classified and unclassified services of the state into the following broad occupational classes:
κ1979 Statutes of Nevada, Page 607 (CHAPTER 364, SB 255)κ
in the classified and unclassified services of the state into the following broad occupational classes:
(a) Occupations in the fields of agriculture and conservation.
(b) Clerical and related occupations.
(c) Occupations relating to the custodial and domestic services.
(d) Occupations relating to library services.
(e) Occupations in the field of education.
(f) Engineering and allied occupations.
(g) Occupations in fiscal management and related staff services.
(h) Occupations relating to legal services.
(i) Occupations in the mechanical and construction trades.
(j) Occupations in the fields of medicine and health and related services.
(k) Occupations in regulatory fields and in public safety.
(l) Occupations in social services and rehabilitation.
(m) Other occupations.
2. Each broad occupational class must include the following subclasses:
(a) Officials and administrators who set broad policies and exercise responsibility for execution of those policies.
(b) Professionally qualified persons.
(c) Technicians.
(d) Persons who are qualified to perform some of the duties of professionally qualified persons or technicians.
(e) Persons who provide protection and related services.
(f) Persons who provide office and clerical services.
(g) Skilled craft workers.
(h) Service and maintenance workers.
Sec. 2. NRS 284.147 is hereby amended to read as follows:
284.147 Unless otherwise provided by law, elective officers and the heads of the several state departments, agencies and institutions in the executive department of the state government are authorized to employ at or below the salaries specified by law the deputies and employees necessary to fill the unclassified positions authorized by law for their departments. [, and to fix the salaries of such deputies and employees within the limits of appropriations made by law.]
Sec. 3. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 6, inclusive, of this act.
Sec. 4. 1. Except as provided in subsections 3 and 4, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
κ1979 Statutes of Nevada, Page 608 (CHAPTER 364, SB 255)κ
or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the time period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not denied within the 15-day period is approved.
(c) The proposed acceptance of any gift or grant which does not qualify under paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not denied within the 45-day period is approved.
3. In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the state;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
4. A state agency may accept:
(a) Gifts not exceding $10,000 each in value; and
(b) Governmental grants not exceeding $50,000 each in value,
if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.
5. This section does not apply to the Nevada industrial commission or the University of Nevada System.
Sec. 5. No state agency may augment money which has been authorized for expenditure by the legislature except as allowed by NRS 353.220.
Sec. 6. 1. Except as provided in subsection 4, a state agency other than the University of Nevada System and vocational licensing boards may not change a position for which money has been appropriated or authorized from one occupational class or subclass to another, as defined by the index developed pursuant to section 1 of this act, without the approval of the legislature or of the interim finance committee.
2. All proposed changes of positions from one occupational class or subclass to another must be submitted to the interim finance committee. The interim finance committee has 45 days after a proposal is submitted to its secretary within which to approve or deny it. Any proposed change of a position from one occupational class or subclass to another which is not denied within the 45-day period is approved.
3. In acting upon a proposed change of position, the interim finance committee shall consider, among other things:
(a) The need for the proposed change; and
κ1979 Statutes of Nevada, Page 609 (CHAPTER 364, SB 255)κ
(b) The intent of the legislature in approving the existing classification of positions.
4. The provisions of this section do not apply to:
(a) The department of highways and the employment security department until July 1, 1981.
(b) The Nevada industrial commission until July 1, 1983.
Sec. 7. NRS 353.150 is hereby amended to read as follows:
353.150 NRS 353.150 to 353.246, inclusive, and section 3 of [this act,] Senate Bill No. 171 of the 60th session of the Nevada legislature, and sections 5 and 6 of this act may be cited as the State Budget Act.
Sec. 8. NRS 353.205 is hereby amended to read as follows:
353.205 The state budget for each fiscal year [shall] must be set up in three parts, namely:
1. Part 1 [shall] must consist of a budget message by the governor which [shall outline] outlines the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It [shall] must also embrace a general budget summary setting forth the aggregate figures of the budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary [shall] must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds, and the income by organization units, sources and funds.
2. Part 2 [shall] must embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. It [shall] must also include statements of the bonded indebtedness of the state government, showing the debt redemption requirements, the debt authorized and unissued, and the condition of the sinking funds. In addition [thereto, it shall contain] , it must contain the number of positions assigned to each occupational class and subclass defined by the index prepared pursuant to section 1 of this act for each state agency for which money is budgeted and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.
3. Part 3 [shall] must include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if and when adopted by the legislature. As soon as each part is prepared, a copy of the part [shall] must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.
Sec. 9. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the executive department of the state government, whenever he [shall deem] deems it necessary by reason of changed conditions, may request the revision of the work program of his department, institution or agency at any time during the fiscal year, and submit [such] the revised program to the governor through the chief with a request for revision of the allotments for the remainder of that fiscal year.
κ1979 Statutes of Nevada, Page 610 (CHAPTER 364, SB 255)κ
deem] deems it necessary by reason of changed conditions, may request the revision of the work program of his department, institution or agency at any time during the fiscal year, and submit [such] the revised program to the governor through the chief with a request for revision of the allotments for the remainder of that fiscal year.
2. Every [such] request for revision [shall] must be submitted to the chief on [such] the form and with [such] supporting information as [he may prescribe.] the chief prescribes.
3. [Prior to the encumbering of funds appropriated or authorized, every such] Before encumbering any appropriated or authorized money, every request for revision [shall] must be approved or disapproved in writing by [:
(a) The governor; or
(b) The] the governor or the chief, if the governor has by written instrument delegated this authority to the chief. [Any such delegation may be revoked by written instrument.]
4. Whenever a request for the revision of a work program of a department, institution or agency would, when considered with all other changes in allotments for that work program made pursuant to NRS 353.215 and subsections 1, 2 and 3 of this section, increase or decrease by 10 percent or $25,000, whichever is less, the expenditure level approved by the legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.
5. If a request for the revision of a work program requires additional approval as provided in subsection 4 and:
(a) Is necessary for the protection of life or property, the governor shall take reasonable and proper action to approve it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.
(b) The governor determines that the revision is necessary and requires expeditious action, he may certify that the request requires expeditious action by the interim finance committee. Whenever the governor so certifies, the interim finance committee has 15 days after the request is submitted to its secretary within which to approve or deny the revision. Any request for revision which is not denied within the 15-day period is approved.
(c) Does not qualify under paragraph (a) or (b), it must be submitted to the interim finance committee. The interim finance committee has 45 days after the request is submitted to its secretary within which to approve or deny the revision. Any request which is not denied within the 45-day period is approved.
6. In acting upon a proposed revision of a work program, the interim finance committee shall consider, among other things:
(a) The need for the proposed revision; and
(b) The intent of the legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.
κ1979 Statutes of Nevada, Page 611 (CHAPTER 364, SB 255)κ
biennium and originally enacting the statutes which the work program is designed to effectuate.
Sec. 10. NRS 353.245 is hereby amended to read as follows:
353.245 [Every] In addition to the requirements of section 4 of this act, every department, institution and agency of the executive department of the state government, when making requests for budgets to be submitted to the Federal Government for [funds,] money, equipment, material or services, shall file the [have such] request or budget [filed in] with the office of the chief and with the fiscal analysis division of the legislative counsel bureau before submitting it to the proper federal authority. When [such] the federal authority has approved the request or budget, in whole or in part, the department, institution or agency of the state government shall resubmit it to the chief and to the fiscal analysis division of the legislative counsel bureau for recording before any allotment or encumbrance of the federal [funds can be] money is made.
Sec. 11. Chapter 353 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:
1. All money which belongs to the state must be deposited in the state treasury.
2. All money which is deposited in the state treasury must be credited to the state general fund.
Sec. 12. (Deleted by amendment.)
Sec. 13. NRS 2.490 is hereby amended to read as follows:
2.490 [1. The supreme court law librarian may accept and administer any gift or bequest to the supreme court law library.
2. Any funds received by the supreme court law librarian through gift or bequest to the supreme court law library shall] All gifts of money which the supreme court librarian is authorized to accept must be deposited in the state treasury in a fund to be known as the supreme court law library gift fund. [Such fund shall be] The fund is a continuing fund without reversion, and money in the fund [shall] must be used for supreme court law library purposes only and expended in accordance with the terms of the gift. [or bequest.]
Sec. 14. NRS 210.140 is hereby amended to read as follows:
210.140 [1. The superintendent is authorized to accept gifts or bequests of funds or property to the school.
2.] Monetary gifts [or bequests shall] which the school is authorized to accept must be deposited in the state treasury in a fund to be known as the youth training center gift fund. The fund [shall be] is a continuing fund without reversion, and the money in the fund [shall] must be used for school purposes only and expended in accordance with the terms of the gift. [or bequest.] The money in the fund [shall] must be paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the superintendent before they are paid.
Sec. 15. NRS 210.550 is hereby amended to read as follows:
210.550 [1. The superintendent is authorized to accept gifts, devises or bequests of moneys or property to the school.
κ1979 Statutes of Nevada, Page 612 (CHAPTER 364, SB 255)κ
2.] Monetary gifts [or bequests shall] which the school is authorized to accept must be deposited in the state treasury in a fund to be known as the girls training center gift fund. The fund [shall be] is a continuing fund without reversion. The money in the fund [shall] must be used for school purposes only, and expended in accordance with the terms of the gift. [or bequest.]
Sec. 16. NRS 213.1091 is hereby amended to read as follows:
213.1091 [1. The department may accept:
(a) Advisory services, funds, equipment and supplies made available by any Act of Congress for any program administered by the department or any of its divisions.
(b) Funds and contributions made available by a county, a city or any other political subdivision of this state for any program administered by the department or any of its divisions.
(c) Funds, contributions, gifts, grants, bequests and services made available by a public or private corporation, a partnership, an association or individuals for any program administered by the department or any of its divisions.
2.] The department may enter into such contracts and agreements with the [United States of America] Federal Government or any of its agencies as may be necessary, proper and convenient.
Sec. 17. NRS 216.105 is hereby amended to read as follows:
216.105 The commission may:
1. Apply for [and accept] grants and allocations awarded under the Crime Control Act, under the Delinquency Control Act or by any agency of the Federal Government.
2. [Accept gifts or donations of money, services, materials or property from any source and use those gifts or donations for the proper administration of the commission.
3.] Contract with public agencies, private firms or natural persons for goods, services and facilities necessary to develop and [implement] carry out a statewide law enforcement and delinquency control plan.
Sec. 17.3. NRS 218.680 is hereby amended to read as follows:
218.680 1. Except during a regular or special session of the legislature, for each day or portion of a days attendance at each meeting of the commission, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission are entitled to receive [a salary of $40] the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, and the per diem allowance and travel expenses provided by law.
2. An alternate member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided by law.
Sec. 17.6. NRS 218.682 is hereby amended to read as follows:
218.682 The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments and the National Conference of State Legislatures, and may pay annual dues to such organizations out of the legislative fund.
κ1979 Statutes of Nevada, Page 613 (CHAPTER 364, SB 255)κ
of State Legislatures, and may pay annual dues to such organizations out of the legislative fund. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the legislative fund the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process.
5. Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such subcommittees and interim or special committees shall be designated by the members of the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such subcommittees and interim or special committees who are not legislators shall serve without salary, but they shall receive out of the legislative fund the per diem expense allowances and travel expenses as provided by law. [Members] except during a regular or special session of the legislature, members of such subcommittees and interim or special committees who are legislators [shall] are entitled to receive out of the legislative fund [a salary of $40 a day for each days attendance] the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day or portion of a day of attendance, and the per diem expense allowances and travel expenses as provided by law.
6. Supervise the functions assigned to the divisions of the bureau in this chapter.
Sec. 18. NRS 218.6822 is hereby amended to read as follows:
218.6822 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the immediately preceding session of the legislature.
κ1979 Statutes of Nevada, Page 614 (CHAPTER 364, SB 255)κ
standing committee on ways and means and the senate standing committee on finance during the immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.
2. The interim finance committee [exists and] , except as provided in subsection 3, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
3. The interim finance committee may exercise its powers at all times for the purpose of performing the duties imposed on it by NRS 353.220 and sections 4 and 6 of this act.
4. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
[4.] 5. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members shall be taken separately. An action [shall] must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
[5.] 6. [Each] Except during a regular or special session of the legislature, each member of the interim finance committee is entitled to [a salary of $40] receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided by law. All such compensation [shall] must be paid from the contingency fund in the state treasury.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 232.070 is hereby amended to read as follows:
232.070 1. As executive head of the department, the director is responsible for the administration, through the divisions and other units of the department, of all provisions of law relating to the functions of the department, except functions assigned by law to the state environmental commission or the state conservation commission.
2. Except as provided in subsection 4, the director shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the department and coordinate departmental and divisional programs with other departments and with other levels of government.
κ1979 Statutes of Nevada, Page 615 (CHAPTER 364, SB 255)κ
(e) Appoint the executive head of each division within the department.
(f) Delegate to the executive heads of the divisions such authorities and responsibilities as he deems necessary for the efficient conduct of the business of the department.
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the department, and alter departmental organization and reassign responsibilities as he deems appropriate.
(h) From time to time adopt, amend and rescind such regulations as he deems necessary for the administration of the department.
3. Except as provided in subsection 4, the director may [:
(a) With the approval of the governor, receive and accept on behalf of the department gifts, devises, bequests and grants of real or personal property. All money and property received by the director, unless accounted for in an appropriate trust or agency fund available to the department, must be accounted for in the department of conservation and natural resources gift fund which is hereby created as a trust fund.
(b) Enter] enter into cooperative agreements with any federal or state agency or political subdivision of the state, or any public or private institution located in or outside the State of Nevada, or any natural person, corporation or association, in connection with studies and investigations pertaining to any activities of the department.
4. This section does not confer upon the director any powers or duties which are delegated by law to the state environmental commission or the state conservation commission, but the director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the commissions.
5. All gifts of money and other property which the director is authorized to accept must be accounted for in the department of conservation and natural resources gift fund which is hereby created as a trust fund.
Sec. 21. NRS 233.150 is hereby amended to read as follows:
233.150 The commission may:
1. Order its executive director to investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, physical or visual handicap, national origin or ancestry, and may conduct hearings with regard thereto.
2. Mediate between or reconcile the persons or groups involved in such tensions, practices and acts.
3. Issue subpenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any hearings conducted by the commission.
4. Delegate its power to hold hearings and issue subpenas to any of its members or any hearing officer in its employ.
5. [Accept gifts or bequests of personal property and use them to carry out the purposes of this chapter. All money so received shall be deposited with the state treasurer for credit to the Nevada equal rights commission gift fund which is hereby created.
6.] Adopt [such] reasonable regulations [as are] necessary for the commission to carry out the functions assigned to it by law.
κ1979 Statutes of Nevada, Page 616 (CHAPTER 364, SB 255)κ
Sec. 22. Chapter 233 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All gifts of money which the commission is authorized to accept must be deposited with the state treasurer for credit to the Nevada equal rights commission gift fund which is hereby created.
Sec. 23. NRS 233A.100 is hereby amended to read as follows:
233A.100 The commission may:
1. Appoint advisory committees whenever necessary or appropriate to assist and advise the commission in the performance of its duties and responsibilities under this chapter.
2. Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the commission as will best enable it to carry out the purposes for which it is created. [and to receive grants and donations for such purposes. All monetary gifts and grants shall be deposited with the state treasurer for credit to the Nevada Indian commission gift fund which is hereby created.]
3. Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter.
Sec. 24. Chapter 233A of NRS is hereby amended by adding thereto a new section which shall read as follows:
All gifts or grants of money which the commission is authorized to accept must be deposited with the state treasurer for credit to the Nevada Indian commission gift fund which is hereby created.
Sec. 25. NRS 233D.070 is hereby amended to read as follows:
233D.070 The council [may receive donations and grants intended to promote the work of the council, and] shall hold all [such] grants and [donations] gifts which it is authorized to accept in trust for [the] their designated purpose.
Sec. 26. NRS 233F.160 is hereby amended to read as follows:
233F.160 1. The state communications board may be substituted as the contracting party for any state agency in any existing agreements entered into by [such] the agency respecting shared communications facilities and in [such] that event the board succeeds to all the rights and obligations of the substituted agency created by the agreement.
2. The board may collect and receive fees due on [such] those agreements and any other agreements the board [may enter] enters pursuant to this chapter. All such fees [shall] must be deposited in the state communications fund which is hereby created for the use of the board in defraying the costs of the state communications system. All claims against the fund [shall] must be paid in the manner that other claims against the state are paid.
3. [The board may accept gifts, bequests, devises, grants or trusts of money or other property to the board or to the State of Nevada for purposes of the state communications system. Any receipts shall] All gifts of money which the board is authorized to accept must be deposited in the state communications fund and used for the purpose specified by the donor or for the purpose of carrying out the provisions of this chapter.
κ1979 Statutes of Nevada, Page 617 (CHAPTER 364, SB 255)κ
the donor or for the purpose of carrying out the provisions of this chapter.
Sec. 27. NRS 278.820 is hereby amended to read as follows:
278.820 [1.] The agency may fix and collect reasonable fees for any services rendered by it.
[2. The agency may receive gifts, donations, subventions, grants and other financial aids and funds.]
Sec. 28. NRS 378.090 is hereby amended to read as follows:
378.090 [1. The state librarian shall have the power to accept and administer any gift or bequest to the state library.
2.] Any [funds received by the state librarian through gift or bequest] gift of money to the state library or to the State of Nevada for library purposes [shall] which the state librarian is authorized to accept must be deposited in the state treasury in a fund to be known as the state library gift fund. The state library gift fund [shall be] is a continuing fund without reversion, and money in the fund [shall] must be used for library purposes only and expended in accordance with the terms of the gift. [or bequest.]
Sec. 29. NRS 380A.101 is hereby amended to read as follows:
380A.101 [The council may accept any gift, grant or bequest from any source for the purpose of carrying on its work. All such sums shall] All gifts of money which the council is authorized to accept must be deposited in the state treasury in a nonreverting gift fund and expended in accordance with the budget laws of the State of Nevada upon properly itemized and verified claims approved by the state librarian and the council.
Sec. 30. NRS 381.150 is hereby amended to read as follows:
381.150 1. The director may [:
1. Receive and] receive, accept and obtain by exchange in the name of the State of Nevada [all sums, donations and property donated or given in exchange to the State of Nevada or the Nevada state museum for the purposes of NRS 381.010 to 381.190, inclusive, and] all property loaned to the Nevada state museum for preservation, care, display or exhibit, or decline and reject the property in his discretion, and undertake to be responsible for all property loaned to the Nevada state museum or make just payment of any reasonable costs or rentals therefor.
2. [Accept and apply all sums, donations and property, subject to the terms and conditions of the donor, and apply and expend such sums, donations and property] The director shall apply and expend all gifts and grants which the Nevada state museum is authorized to accept in accordance with [such] the terms and conditions [.] of the gift or grant.
Sec. 31. NRS 381.270 is hereby amended to read as follows:
381.270 1. The board of trustees of the Nevada state museum shall manage and control the Lost City museum.
2. The board of trustees [,] must use any gift of money or other property which they are authorized to accept for and on behalf of the Lost City museum [, may accept gifts, devises or bequests of real or personal property from any source and may use them in any] in a manner consistent with the purposes of the museum.
κ1979 Statutes of Nevada, Page 618 (CHAPTER 364, SB 255)κ
Sec. 32. NRS 382.014 is hereby amended to read as follows:
382.014 The director may:
1. Govern, manage and control the exhibit and display of all property and things of the Nevada historical society;
2. Trade, exchange and transfer exhibits and duplicates thereof when the board deems it proper, and [such] the transactions shall not be deemed sales;
3. Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere [respecting] for quarters for and the preservation, care, transportation, storing, custody, display and exhibit of articles [and things] controlled by the Nevada historical society and [respecting] for the terms and costs, the manner, time, place and extent, and the return thereof;
4. Audit and approve all bills, claims and accounts [respecting] for the Nevada historical society;
5. Collect all [moneys] money and other property received by the Nevada historical society [through any grant, bequest or devise, and the proceeds] from memberships, sales, interest or dividends from any sources other than appropriation by the legislature;
6. Adopt rules for the internal management of the Nevada historical society; and
7. Adopt regulations necessary to carry out provisions and purposes of this chapter.
Sec. 33. NRS 383.101 is hereby amended to read as follows:
383.101 The administrator, subject to the approval of the director, may:
1. Apply for [and accept] grants, gifts and donations from public and private sources, including the Federal Government.
2. Receive [funds] money from the public and private sources in payment for services rendered.
Sec. 34. NRS 385.095 is hereby amended to read as follows:
385.095 1. [The state board of education may accept gifts of moneys from public and private sources, if the purpose of the gifts specified by the donor is approved by the board and is within the scope of the boards powers and duties. Such moneys shall] All gifts of money which the state board of education is authorized to accept must be deposited in a permanent fund in the state treasury designated as the education gift fund.
2. The [moneys] money available in the education gift fund [shall] must be used only for the purpose specified by the donor, within the [limits of subsection 1,] scope of the boards powers and duties, and no expenditure [shall] may be made until [first] approved by the legislature in an authorized expenditure act.
3. If all or part of the [moneys] money accepted by the board from a donor [are] is not expended [prior to] before the end of any fiscal year, the remaining balance of the amount donated [shall] must remain in the education gift fund until needed for the purpose specified by the donor. [, within the limits of subsections 1 and 2.]
κ1979 Statutes of Nevada, Page 619 (CHAPTER 364, SB 255)κ
Sec. 35. NRS 388.365 is hereby amended to read as follows:
388.365 1. [The state board for vocational education may accept gifts of moneys from public and private sources, if the purpose of the gift specified by the donor is approved by the board and is within the scope of the boards powers and duties, and such funds shall] All gifts of money which the state board for vocational education is authorized to accept must be deposited in a permanent fund in the state treasury designated as the vocational education gift fund.
2. The board may expend money from the vocational education gift fund in accordance with the terms of any gift. [or bequest.]
3. The [moneys] money available in the vocational education gift fund [shall] must be used only for the purpose specified by the donor, within the [limits of subsection 1,] scope of the boards powers and duties, and any expenditures may include matching state and federal [funds] money available for vocational education.
4. If all or part of the [funds] money accepted by the board from a donor [are] is not expended [prior to] before the end of the fiscal year in which the gift was accepted, [such] the remaining balance of the amount donated [shall] must remain in the vocational education gift fund until needed for the purpose specified by the donor. [, within the limits of subsection 1.]
Sec. 36. NRS 407.063 is hereby amended to read as follows:
407.063 The administrator may acquire for the division, subject to the approval of the director and with the concurrence of the interim finance committee, and within the limits of legislative appropriation where money is required, real or personal property by lease [,] or purchase. [, gift, grant, devise or in any other manner.] The right of eminent domain as provided by chapter 37 of NRS may be exercised by the division. The interim finance committee may clarify the legislative intent of an appropriation at the request of the director, any member of the commission or the administrator.
Sec. 37. NRS 407.067 is hereby amended to read as follows:
407.067 [1.] In the administration of various programs by the division as provided by law, the administrator, subject to the approval of the director, may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, any county, city, public district or political subdivision of this state, any public or private corporation, any [individual,] natural person, or any group of [individuals,] natural persons, but such cooperation shall not of itself relieve any such cooperator of any responsibility or liability existing under any provision of law.
[2. The administrator, subject to the approval of the director, may accept funds appropriated and made available by any Act of the Congress of the United States for the various programs administered by the division as provided by law.
3. The administrator, subject to the approval of the director, may accept funds and contributions made available by any county, city, public district or political subdivision of this state or any public or private corporation, individual or group of individuals for the various programs administered by the division as provided by law.]
κ1979 Statutes of Nevada, Page 620 (CHAPTER 364, SB 255)κ
private corporation, individual or group of individuals for the various programs administered by the division as provided by law.]
Sec. 38. NRS 407.075 is hereby amended to read as follows:
407.075 1. The state park grant and gift fund is hereby created as a trust fund for the use of the division.
2. [The following money] All grants and gifts of money which the division is authorized to accept must be deposited with the state treasurer for credit to the state park grant and gift fund. [:
(a) Gifts, grants or devises accepted by the division under the provisions of NRS 407.063.
(b) Grants and money accepted by the division from any public or private corporation, group of natural persons or a natural person under the provisions of NRS 407.067.]
3. Expenditures from the state park grant and gift fund must be made only for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the division.
Sec. 39. NRS 414.130 is hereby amended to read as follows:
414.130 1. Each political subdivision [shall have the power to] may make appropriations in the manner provided by law for making appropriations for the ordinary expenses of the political subdivision for the payment of expenses of its local organization for civil defense.
2. Whenever the Federal Government or any agency or officer thereof [shall offer] offers to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or [funds] money by way of gift, grant or loan, for purposes of civil defense, the state, acting through the governor [,] and, if the provisions of section 4 of this act require it, with the approval of the interim finance committee, or such political subdivision, acting with the consent of the governor and through its executive officer or governing body, may accept [such] the offer, and upon [such] acceptance the governor of the state or executive officer or governing body of [such] the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive [such] the services, equipment, supplies, materials, or [funds] money on behalf of the state or [such] political subdivision, [and] subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
3. Whenever any person, firm or corporation [shall offer] offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or [funds] money by way of gift, grant or loan, for purposes of civil defense, the state, acting through the governor [,] and, if the provisions of section 4 of this act require it, with the approval of the interim finance committee, or a political subdivision, acting through its executive officer or governing body, may accept the offer, and upon acceptance the governor of the state or executive officer or governing body of the political subdivision, may authorize any officer of the state [,] or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or [funds] money on behalf of the state or the political subdivision, [and] subject to the terms of the offer.
Sec. 40. NRS 422.250 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 621 (CHAPTER 364, SB 255)κ
422.250 1. [The welfare division is authorized to accept, with the approval of the governor, gifts, bequests, devises, grants or trusts of funds or property to the welfare division or to the State of Nevada for welfare purposes. Any funds received shall] Any gifts or grants of money which the welfare division is authorized to accept must be deposited in the state treasury in a fund to be known as the state welfare gift and cooperative fund.
2. The state welfare gift and cooperative fund [shall be] is a continuing fund without reversion, and money in the fund [shall] must be used for welfare purposes only and expended in accordance with the terms of the gift [, bequest, devise, grant or trust.] or grant.
Sec. 41. NRS 423.130 is hereby amended to read as follows:
423.130 1. [The superintendent of the northern Nevada childrens home shall receive any gifts made to the northern Nevada childrens home in the name of the northern Nevada childrens home and shall be accountable to and report such gifts to the administrator. The gifts shall] All gifts of money which the northern Nevada childrens home is authorized to accept must be deposited in the state treasury to the credit of the northern Nevada childrens home gift fund [,] which is hereby created [, or any other gift fund which the superintendent, with the approval of the administrator, may establish. All such gift funds shall be continuing funds] and which is a continuing fund without reversion.
2. [The superintendent of the southern Nevada childrens home shall receive any gifts made to the southern Nevada childrens home in the name of the southern Nevada childrens home and shall be accountable to and report such gifts to the administrator. The gifts shall] All gifts of money which the southern Nevada childrens home is authorized to accept must be deposited in the state treasury to the credit of the southern Nevada childrens home gift fund [,] which is hereby created [, or any other gift fund which the superintendent, with the approval of the administrator, may establish. All such gift funds shall be continuing funds] and which is a continuing fund without reversion.
3. [Gift fund moneys received pursuant to this section shall] Money in the gift funds must be used for childrens home purposes only, and each gift [shall] must be expended in accordance with the terms of the gift. [or bequest.]
Sec. 42. NRS 426.567 is hereby amended to read as follows:
426.567 1. [The bureau is authorized to accept, with the approval of the governor, gifts, bequests, devises, grants or trusts of funds or property to the bureau or to the State of Nevada for purposes of helping the blind. Any funds received shall] All gifts of money which the bureau is authorized to accept must be deposited in the state treasury [in] for credit to a fund to be known as the state grant and gift fund for the blind.
2. The state grant and gift fund for the blind [shall be] is a continuing fund without reversion, and money in the fund [shall] must be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the bureau.
Sec. 43. NRS 427A.110 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 622 (CHAPTER 364, SB 255)κ
427A.110 [1. The division is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the administrator are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2. All moneys received as gifts shall] All gifts of money which the division is authorized to accept must be deposited in the state treasury [and shall constitute] for credit to a permanent fund to be called the aging services gift fund. [Such moneys] The money may be invested [,] and reinvested and must be used [as provided in subsection 1.] in accordance with the conditions of the gift.
Sec. 44. NRS 432A.110 is hereby amended to read as follows:
432A.110 [1. The division is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the administrator are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2. All moneys received as gifts shall] All gifts of money which the division is authorized to accept must be deposited in the state treasury [and shall constitute] for credit to a permanent fund to be called the child care services gift fund. [Such moneys] The money may be invested [,] and reinvested and must be used [as provided in subsection 1.] in accordance with the conditions of the gift.
Sec. 45. NRS 433A.100 is hereby amended to read as follows:
433A.100 1. [The administrative officer of each division mental health facility is authorized to accept gifts or bequests of money or property to such facility.
2.] A mental health facility gift fund is hereby created for each division facility, and [monetary gifts or bequests to] all gifts of money which the division is authorized to accept for the respective facilities [shall] must be deposited in the state treasury to the credit of the appropriate fund. Amounts in the fund [shall] must be used for division mental health facility purposes only and expended in accordance with the terms of the gift. [or bequest.] Amounts in the fund [shall] must be paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the administrative officer before they are paid.
[3.] 2. Gifts [or bequests] of property, other than money, may be sold or exchanged when it is deemed by the administrative officer and the administrator to be in the best interest of the division mental health facility. The sale price [shall] must be not less than 90 percent of the value determined by a qualified appraiser appointed by the administrative officer. [Moneys] All money realized from the sale [shall] must be deposited in the state treasury to the credit of the appropriate mental health facility gift fund and [shall] must be spent for division mental health facility purposes only. [Such property shall] The property may not be sold or exchanged if to do so would violate the terms of the gift. [or bequest.]
κ1979 Statutes of Nevada, Page 623 (CHAPTER 364, SB 255)κ
Sec. 46. NRS 435.270 is hereby amended to read as follows:
435.270 1. [The division may accept gifts, bequests, grants or any other outside source of income for the purpose of carrying out the provisions of NRS 435.130 to 435.320, inclusive.
2. All such funds received shall] All gifts or grants of money which the division is authorized to accept must be spent in accordance with the provisions of the gift [, bequest] or grant. In the absence of [such] those provisions, the division [may spend the fund at its discretion.] must spend the money for the purpose approved by the interim finance committee.
[3.] 2. All such [funds shall] money must be deposited in the state treasury in a separate fund established for [such] that purpose.
Sec. 47. (Deleted by amendment.)
Sec. 48. NRS 435.380 is hereby amended to read as follows:
435.380 1. [The division may accept gifts, bequests, grants or any other outside source of income for mental retardation facilities of the division.
2. All such moneys received shall] All gifts or grants of money which the division is authorized to accept must be spent in accordance with the provisions of the gift [, bequest] or grant. In the absence of [such] those provisions, the division [may] must spend the [moneys at its discretion.] money for the purpose approved by the interim finance committee.
[3.] 2. All such [moneys received shall] money must be deposited in the state treasury to the credit of the mental retardation gift fund which is hereby created.
[4. Fund transactions shall be accounted for in accordance with generally accepted accounting principles for trust and agency funds and the provisions of the State Accounting Procedures Law.]
Sec. 49. NRS 453.680 is hereby amended to read as follows:
453.680 The division may [:
1. Cooperate] cooperate and contract with:
[(a)] 1. Any agency of the Federal Government;
[(b)] 2. Other states;
[(c)] 3. Any political subdivision; or
[(d)] 4. Any local addiction treatment clinic whose program meets the requirements of the Food and Drug Administration and the Bureau of Narcotics and Dangerous Drugs, and which is approved by the division,
in carrying out the purposes of NRS 453.600 to 453.730, inclusive. [; and
2. Accept any aid, grants, devises or bequests from any public or private source.]
Sec. 50. NRS 458.100 is hereby amended to read as follows:
458.100 1. [The bureau may accept gifts, bequests, devises, grants or trusts of funds or property made available to the bureau or to this state for the purpose of dealing with the problems of alcohol and drug abuse. Any funds received shall] All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury [in] for credit to a fund to be known as the state grant and gift fund for alcohol and drug abuse.
κ1979 Statutes of Nevada, Page 624 (CHAPTER 364, SB 255)κ
[in] for credit to a fund to be known as the state grant and gift fund for alcohol and drug abuse.
2. The state grant and gift fund for alcohol and drug abuse [shall be] is a continuing fund without reversion, and money in the fund [shall] must be used for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the bureau.
Sec. 51. NRS 523.051 is hereby amended to read as follows:
523.051 The director may:
1. [Receive and administer any gifts, grants or funds which are available from public or private sources.] Administer any gifts or grants which the board is authorized to accept.
2. Expend money received from [public or private sources] those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.
3, Enter into any cooperative agreement with any federal or state agency or political subdivision.
Sec. 52. (Deleted by amendment.)
Sec. 53. NRS 562.200 is hereby amended to read as follows:
562.200 [The] All contributions of money which the board is authorized to accept [contributions] and which is made by any [agency or] organization interested in the welfare of the sheep industry [in any part of Nevada for the purpose of aiding the industry. Such contributions shall, upon acceptance,] must be deposited by the board with the state treasurer in the sheep inspection fund and [shall, as determined by the board,] must be disbursed by the proper state officials when ordered by the board in accordance with the [purpose or] purposes for which each contribution [concerned] was made.
Sec. 54. NRS 567.090 is hereby amended to read as follows:
567.090 1. [The committee is authorized to accept contributions of money for furthering the purpose for which it is established.
2.] All [such contributions shall be promptly converted by the committee] contributions of money which the committee is authorized to accept must be deposited into a special fund to be known as the state predatory animal and rodent fund to be held in trust by the state treasurer for predatory animal, crop-destroying bird and rodent control work only, under the provisions of this chapter.
[3.] 2. All claims against the state predatory animal and rodent fund [shall] must be approved by at least one member of the committee, designated for that purpose by the committee, [and] the secretary of the committee and by the state board of examiners.
Sec. 55. NRS 587.151 is hereby amended to read as follows:
587.151 1. The state board of agriculture [shall have] has the following powers and duties:
(a) To appoint the members of the advisory board, to fix their term of office and to fill all vacancies.
(b) To establish procedures for the Nevada alfalfa seed industry to recommend persons for appointment to the advisory board.
(c) [To accept grants, donations, and gifts for expenditure for any purpose consistent with NRS 587.131 to 587.185, inclusive. All funds so received shall be credited to the alfalfa seed research and promotion fund.
κ1979 Statutes of Nevada, Page 625 (CHAPTER 364, SB 255)κ
so received shall be credited to the alfalfa seed research and promotion fund.
(d)] To administer, enforce and control the collection of assessments levied for the alfalfa seed research and promotion fund.
[(e)] (d) To authorize payments from the alfalfa seed research and promotion fund upon the recommendation of the advisory board.
[(f)] (e) To contract with [individuals] natural persons or agencies for the conduct or management of research and market promotion projects.
[(g)] (f) To adopt regulations to carry out the provisions of NRS 587.135 to 587.185, inclusive.
2. [Moneys] Money from the state general fund [shall] may not be utilized by the state board of agriculture in [implementing] carrying out the provisions of NRS 587.131 to 587.185, inclusive. Expenditures for [such purposes shall] those purposes must be made only from the alfalfa seed research and promotion fund created by NRS 561.409, and [shall be] are subject to the limitations state in [such] that section.
Sec. 56. Chapter 587 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All gifts or grants of money which the board is authorized to accept must be deposited with the state treasurer for credit to the alfalfa seed research and promotion fund.
Sec. 57. NRS 615.260 is hereby amended to read as follows:
615.260 1. [The bureau may accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the chief are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2.] All gifts of money [received as gifts shall] which the bureau is authorized to accept must be deposited in the state treasury [and constitutes] for credit to the rehabilitation gift fund [. Such] which is hereby created. The money may be invested [,] and reinvested and must be used [as provided in subsection 1.] in accordance with the conditions of the gift.
[3.] 2. Money in the rehabilitation gift fund [shall not revert to the state general fund at the end of the fiscal year, but shall continue in such] continues in the fund from year to year.
Sec. 58. Section 14 of Senate Bill No. 84 of the 60th session of the Nevada legislature is hereby amended to read as follows:
Sec. 14. The state librarian may:
1. Receive into the archives any material from a state agency if he finds that it is of historical value.
2. With the approval of the state board of examiners, return to the state agency from which it was received, material in the archives which he finds is not of historical value.
3. Receive into the archives any material which has been directed to be deposited in the archives by an order or resolution of the governing body of a local governmental entity, if he finds that it is of historical value.
κ1979 Statutes of Nevada, Page 626 (CHAPTER 364, SB 255)κ
4. With the approval of the state board of examiners, turn over to the Nevada historical society any material in the archives which he finds to be surplus, not properly in the archives, or appropriate to be kept in the custody of the Nevada historical society.
5. [Accept gifts of money if the purpose is within the scope of the duties of the division of archives and he approves the purpose, and expend money received as a gift] Expend any gift of money he is authorized to accept for the purpose specified by the donor or, if no purpose is specified, in any manner which will further the purposes of the division of archives.
Sec. 59. NRS 216.250, 341.120, 387.085, 408.145 and 563.090 are hereby repealed.
Sec. 60. 1. Sections 1, 4 and 18 of this act and this section shall become effective upon passage and approval.
2. Sections 7, 17, 20, 31, 38 and 58 of this act shall become effective at 12:01 a.m. on July 1, 1979.
3. All other sections of this act shall become effective on July 1, 1979.
________
Assembly Bill No. 24Assemblyman Banner
CHAPTER 365
AN ACT relating to state departments; establishing a risk management division in the department of administration; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.213 is hereby amended to read as follows:
232.213 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) Personnel division.
(c) Risk management division.
Sec. 2. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the personnel division [.] and a chief of the risk management division.
2. Shall appoint a chief of the budget division, or may personally serve in this position if he has the qualifications required by NRS 353.175.
3. Is responsible for the administration, through the divisions of the department, of the provisions of chapter 284 of NRS, NRS 353.150 to 353.246, inclusive, sections 4 to 6, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.
κ1979 Statutes of Nevada, Page 627 (CHAPTER 365, AB 24)κ
provisions of law relating to the functions of the divisions of the department.
4. Has such other powers and duties as provided by law.
Sec. 3. Chapter 331 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 8, inclusive, of this act.
Sec. 4. The chief of the risk management division shall:
1. Act as state risk manager.
2. Administer the provisions of law relating to his division, subject to the administrative supervision of the director of the department of administration.
Sec. 5. The state risk manager shall not:
1. Engage in any other occupation, business or activity that is in any way inconsistent with the performance of his duties as risk manager, nor shall he hold any public office.
2. Directly or indirectly solicit or receive any assessment, subscription, contribution or service, whether voluntary or involuntary, for any political purpose, from any person within or without the state.
3. Act as an officer or manager for any candidate, political party or committee organized to promote the candidacy of any person for public office.
Sec. 6. The state risk manager shall:
1. Direct and supervise all administrative and technical activities of the risk management division.
2. Determine the nature and extent of requirements for insurance, other than group life, accident or health insurance, on risks of an insurable nature of the state and any of its agencies, the premiums for which are payable in whole or in part from public money.
3. Negotiate for, procure, purchase and have placed, through a licensed insurance agent or broker residing or domiciled in Nevada, or continued in effect all insurance coverages, other than employee group life, accident or health insurance, which may be reasonably obtainable, whether from insurers authorized to transact business in this state or under the surplus lines provisions of chapter 685A of NRS.
4. Conduct periodic inspections of premises, property and risks to determine insurability, risk and premium rate, and submit a written report of each inspection and appraisal, together with any recommendations that appear appropriate, to the administrator of the agency most responsible for the premises, property or risk, and to the director of the department of administration.
5. Provide for self-insurance if the potential loss is relatively insignificant or if the risk is highly predictable and the probability of loss is so slight that the cost of insuring the risk is not a prudent expenditure of public funds, or if insurance is unavailable or unavailable at a reasonable cost.
6. Select reasonable deductibles when it appears economically advantageous to the state to do so.
7. Select comprehensive and blanket coverages insuring the property of two or more state agencies when that appears economically advisable.
κ1979 Statutes of Nevada, Page 628 (CHAPTER 365, AB 24)κ
8. Investigate and determine the reliability and financial condition of insurers, and the services they provide.
9. Minimize risks by adopting and promoting programs to control losses and encourage safety.
10. Perform any of the services described in subsections 2 to 4, inclusive, for any political subdivision of the state at the request of its managing officer or governing body.
11. Act as adviser to the Nevada committee on group insurance.
12. Perform any other function of risk management as directed by the director of the department of administration.
Sec. 7. In determining the need for, form and amount of insurance coverages, the state risk manager shall consider:
1. Omission of insurance coverage on property and risks for which insurance and claim adjustment costs would be disproportionately high in relation to the amount of risk.
2. Economies possible through the use of reasonable deductibles.
3. Use of comprehensive coverages and blanket coverages insuring property of two or more state agencies.
4. Reliability and financial condition of insurers, and the services which they provide.
5. Means whereby risks may be improved through reduction in insurance losses and costs.
Sec. 8. 1. There is created in the state treasury an insurance premium trust fund to be maintained for the use of the budget division of the department of administration.
2. Each state agency shall deposit in the insurance premium trust fund an amount equal to its insurance premium, as determined by the budget division.
3. Expenditures from the insurance premium trust fund must be made by the budget division of the department of administration to the insurer for premiums of state agencies as they become due.
Sec. 9. 1. Insurance recovery accounts in the insurance premium trust fund may be established from time to time as may be necessary. Except as provided in subsection 4, all money received from insurance companies in payment of losses incurred upon buildings and other property belonging to the state must be deposited in these accounts.
2. Money in these accounts may be expended only by the board, commission or officer having control or management of the buildings or other property damaged or destroyed for the repair, replacement or reconstruction of the damaged or destroyed property, and the money must be paid out on claims as other claims against the state are paid.
3. Any unexpended amount remaining in an insurance recovery account 3 years after the creation of the account, reverts to the state general fund.
4. This section does not apply to money received from insurance companies in payment of losses incurred upon buildings and other property controlled and administered by the department of highways. That money must be deposited in the state highway fund.
Sec. 10. NRS 41.031 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 629 (CHAPTER 365, AB 24)κ
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section, in a court of competent jurisdiction of this state, against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada shall be named as defendant, and the summons and a copy of the complaint shall be served upon the secretary of state. The secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 11. NRS 41.036 is hereby amended to read as follows:
41.036 1. No action [shall] may be brought under NRS 41.031 against a county without complying with the requirements of NRS 244.245 to 244.255, inclusive, or against a city without complying with the requirements of NRS 268.020, or against an unincorporated town without complying with the provisions of NRS 269.085, or against the state or any agency or other political subdivision of the state without complying with the requirements of subsection 2 or 3 of this section.
2. Every claim against the state arising out of contract shall be presented in accordance with the provisions of NRS 353.085 or 353.090, and every claim for refund in accordance with the provisions of NRS 353.110 to 353.120, inclusive. Every other claim against the state or any of its agencies shall be presented to the ex officio clerk of the state board of examiners within 6 months from the time the cause of action accrues. He shall within 10 days deliver a copy of the claim to the risk management division of the department of administration, and refer [each such] the claim to the appropriate state agency, office or officer for investigation and report of findings to the board. No action may be brought unless the board refuses to approve or fails within 90 days to act upon the claim.
3. Every claim against any other political subdivision of the state shall be presented, within 6 months from the time the cause of action accrues, to the governing body of that political subdivision. No action may be brought unless the governing body refuses to approve or fails within 90 days to act upon the claim.
Sec. 12. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on group insurance shall:
κ1979 Statutes of Nevada, Page 630 (CHAPTER 365, AB 24)κ
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all such state officers and employees.
2. Negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers and employees by participation in the state group insurance program.
3. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state for the benefit of all eligible state officers and employees who elect to participate in the states group insurance program.
4. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
5. Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive.
Sec. 13. NRS 679B.120 is hereby amended to read as follows:
679B.120 [1.] The commissioner shall:
[(a)] 1. Subject to the provisions of NRS 232.250, organize and manage the division, and direct and supervise all its activities;
[(b)] 2. Execute the duties imposed upon him by this code;
[(c)] 3. Enforce the provisions of this code;
[(d)] 4. Have the powers and authority expressly conferred upon him by or reasonably implied from the provisions of this code;
[(e)] 5. Conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as he may deem proper upon reasonable and probable cause to determine whether any person has violated any provision of this code or to secure information useful in the lawful enforcement or administration of any such provision; and
[(f)] 6. Have such additional powers and duties as may be provided by other laws of this state.
[2. The commissioner is empowered, subject to applicable laws of this state, to direct all insurance transactions between the state and insurers.]
Sec. 14. 1. NRS 353.270 is hereby repealed.
2. NRS 353.273 and 353.275 are hereby repealed.
Sec. 15. Subsection 2 of section 14 shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 631κ
Assembly Bill No. 68Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey
CHAPTER 366
AN ACT relating to transportation; permitting taxicabs in large counties to transport light express; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.8816 is hereby amended to read as follows:
706.8816 1. Taxicab means a motor vehicle or vehicles which is designed or constructed to accommodate and transport not more than six passengers, including the driver, and is:
(a) Fitted with a taximeter or other device to indicate and determine the passenger fare charged;
(b) Used in the transportation of passengers or light express or both for which a charge or fee is received; or
(c) Operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.
2. Taxicab does not include a motor vehicle of a common motor carrier or contract motor carrier which is used in a fixed route operation.
Sec. 2. NRS 706.8839 is hereby amended to read as follows:
706.8839 1. The administrator may inspect a taxicab at any reasonable time.
2. If the administrator finds that a taxicab is in a condition which violates NRS 706.8837, he shall remove the vehicle from [passenger] service, shall place an out-of-service sticker on the windshield and shall notify the certificate holder of the defect. The vehicle shall remain out of [passenger] service until the defect has been remedied and the administrator upon reinspection has approved the vehicle and removed the out-of-service sticker.
3. If the administrator finds that a taxicab is in a condition which violates NRS 706.8838, he shall notify the certificate holder of the improper condition and, after a reasonable time, shall reinspect the vehicle. If upon reinspection the violation has not been corrected, the vehicle shall be removed from service until it is reinspected and approved, as provided in subsection 2.
________
κ1979 Statutes of Nevada, Page 632κ
Assembly Bill No. 431Assemblymen Mann, Sena, Polish and Chaney
CHAPTER 367
AN ACT relating to prisons; requiring that the state health officer examine periodically certain activities of the department of prisons and report his findings to the governing board; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state health officer shall periodically examine and shall report to the board semiannually upon the following operations of the department of prisons:
(a) The medical and dental services and facilities, based upon the standards for health and care facilities as provided by law.
(b) The nutritional adequacy of the diet of incarcerated offenders taking into account the religious or medical dietary needs of an offender and the adjustment of dietary allowances for age, sex and level of activity.
(c) The sanitation, healthfulness, cleanliness and safety of its various facilities.
2. The board shall take appropriate action to remedy any deficiencies reported under subsection 1.
________
Assembly Bill No. 546Committee on Judiciary
CHAPTER 368
AN ACT relating to medical-legal screening panels; expanding the membership of tentative panels to include hospital administrators; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41A.010 is hereby amended to read as follows:
41A.010 As used in NRS 41A.020 to 41A.095, inclusive, unless the context otherwise requires:
1. Administrator means a screening panel administrator designated by the board of governors of the State Bar of Nevada, the executive committee of the Nevada State Medical Association, the board of directors of the Nevada Hospital Association or the board of directors of the Nevada Nurses Association.
2. Hospital administrator means the administrator, assistant administrator or other similarly qualified employee of a licensed general hospital.
3. Medical malpractice means neglect or negligence that imports a want of such attention to the natural or probable consequences of an act or omission of an act or standard of care as would reasonably be expected of an ordinarily prudent physician or nurse.
κ1979 Statutes of Nevada, Page 633 (CHAPTER 368, AB 546)κ
a want of such attention to the natural or probable consequences of an act or omission of an act or standard of care as would reasonably be expected of an ordinarily prudent physician or nurse.
[3.] 4. Nurse means a person who has been licensed as a professional nurse by the state board of nursing pursuant to chapter 632 of NRS.
[4.] 5. Physician means a person who is a graduate of an academic program approved by the board of medical examiners of the State of Nevada and has been issued a license by the board of medical examiners of the State of Nevada pursuant to chapter 630 of NRS.
[5.] 6. Screening panel means a joint medical-legal screening panel composed of attorneys, hospital administrators and physicians or a medical-legal screening panel composed of attorneys, physicians, hospital administrators and nurses selected from a tentative screening panel to hear a particular medical malpractice claim.
[6.] 7. Tentative screening panel means a medical-legal panel of persons proposed by the board of governors of the State Bar of Nevada, the executive committee of the Nevada State Medical Association, the board of directors of the Nevada Hospital Association or the board of directors of the Nevada Nurses Association for service on screening panels.
Sec. 2. NRS 41A.030 is hereby amended to read as follows:
41A.030 1. The board of governors of the State Bar of Nevada shall designate 20 of its members to serve on the northern tentative screening panel and 20 to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year. The executive secretary of the State Bar of Nevada, or such other person as may be designated by the board of governors, shall serve as the attorneys screening panel administrator.
2. The executive committee of the Nevada State Medical Association shall designate 20 of its members to serve on the northern tentative screening panel and 20 to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year. The executive director of the Nevada State Medical Association, or such other person as the executive committee may designate, shall serve as the physicians screening panel administrator.
3. The board of directors of the Nevada Nurses Association shall designate 20 of its members to serve on the tentative screening panel when a medical malpractice claim is made against a nurse individually and a physician is not joined in the claim. Each person so designated shall serve for a term of 1 year. The executive director of the Nevada Nurses Association, or such other person as the board of directors may designate, shall serve as the nurses screening panel administrator.
4. The board of directors of the Nevada Hospital Association shall designate 20 hospital administrators to serve on the tentative screening panel when a medical malpractice claim involves a licensed general hospital. Each person so designated shall serve for a term of 1 year. The executive director of the Nevada Hospital Association, or such other person as the board of directors may designate, shall serve as the screening panel administrator for the hospital administrators.
κ1979 Statutes of Nevada, Page 634 (CHAPTER 368, AB 546)κ
5. At least 30 days in advance of a scheduled malpractice hearing the respective administrators shall provide to both parties lists of the names of attorneys and physicians; [and,] if the particular malpractice claim is made against a nurse individually and a physician is not joined in the claim, a list of the names of nurses serving on the tentative screening panel for the geographic area involved [.] ; and if a licensed general hospital is involved in the claim, a list of the names of the hospital administrators serving on the tentative screening panel for the geographic area involved. Each party shall strike from the list the name of any person who has rendered professional services to the party and may strike up to three peremptory challenges from each list and shall return the lists, with challenges, to the administrators within 10 days.
[5.] 6. If the claim involves a physician [,] only, the administrators for the legal and medical professions shall each select three persons from among those not challenged from the list of persons serving from the profession he represents. If the claim is against a nurse only, the administrator for the legal profession shall so select three persons, the administrator for the medical profession shall so select two persons, and the administrator for the nursing profession shall select one person. If the claim also involves a licensed general hospital, and the claim is not based solely on the fact that the hospital employed the physician or nurse involved, the administrator for the legal profession shall select four persons and the administrators for the medical profession and the hospital administrators shall each select two persons from among those not challenged from the list of persons serving from the profession or occupation which the selector represents. The persons so selected shall constitute the screening panel for the particular medical malpractice claim to be heard, and the administrators shall immediately notify the parties and each of the members selected.
[6.] 7. The screening panel shall designate one of its members as chairman.
Sec. 3. NRS 41A.040 is hereby amended to read as follows:
41A.040 1. The screening panels are state agencies. Their administrators shall adopt the required rules of practice, which [shall] must be uniform for the panels.
2. All medical malpractice claims against any physician, his associates, servants, agents or employees, or against any nurse individually where a physician is not joined in the claim, [shall] must be submitted and heard by the appropriate screening panel pursuant to the uniform procedural rules adopted by the administrators.
3. If the claim also involves a licensed hospital, the claim involving the hospital must be submitted with and heard at the same time as the claim against the persons described in subsection 2 by the appropriate screening panel pursuant to the uniform procedural rules adopted by the administrators.
Sec. 4. NRS 41A.090 is hereby amended to read as follows:
41A.090 1. In any case where a screening panel determines, by a majority vote of the members present who have sat on all hearings pertaining to the case, that the acts complained of were or reasonably might constitute professional negligence, and the claimant was or may have been injured thereby, or if there is an equal division of opinion of a panel on either or both of these issues, the panel, its members, [and] the Nevada State Medical Association and, if the screening panel includes hospital administrators, the Nevada Hospital Association shall provide a suitable witness who shall be a physician qualified in the field of medicine involved who shall, upon payment of a reasonable fee, consult and testify on behalf of the claimant to the same effect as if the physician had been employed originally by the claimant.
κ1979 Statutes of Nevada, Page 635 (CHAPTER 368, AB 546)κ
on either or both of these issues, the panel, its members, [and] the Nevada State Medical Association and, if the screening panel includes hospital administrators, the Nevada Hospital Association shall provide a suitable witness who shall be a physician qualified in the field of medicine involved who shall, upon payment of a reasonable fee, consult and testify on behalf of the claimant to the same effect as if the physician had been employed originally by the claimant. If no suitable witness is available in the area in which the trial is held, the Nevada State Medical Association, and if the screening panel includes hospital administrators, the Nevada Hospital Association shall cooperate in providing a suitable witness from elsewhere.
2. Copies of the original complaint and of the findings of each screening panel with regard to each matter considered by the panel [shall] must be forwarded to:
(a) The board of medical examiners of the State of Nevada;
(b) The county medical society of the county in which the alleged malpractice occurred;
(c) If the screening panel includes nurses, the state board of nursing;
(d) The attorney general of the State of Nevada; and
(e) The commissioner of insurance.
________
Assembly Bill No. 596Committee on Legislative Functions
CHAPTER 369
AN ACT relating to elections; removing the declaration that a party candidate intends to support the principles and policies of his political party; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
Declaration of Candidacy of .............. for the
Office of ..................
|
State of Nevada County of......................................... |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for the ......................
κ1979 Statutes of Nevada, Page 636 (CHAPTER 369, AB 596)κ
ballot as a candidate for the ...................... Party nomination for the office of .........................., I, the undersigned ........................., do swear (or affirm) that I reside at No. ............, ........... Street, in the City (or Town) of ......................., County of ...................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more prior to the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the ..................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 prior to the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of such political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ................... Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name shall appear on all ballots as here designated.
...............................................................
(Designation of name)
...............................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ........... day of ...................., 19.....
..................................................................................
Notary Public (or other officer
authorized to administer an oath)
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
4. The party designation in nonpartisan elections must not be shown on the declaration of candidacy.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 599Committee on Government Affairs
CHAPTER 370
AN ACT relating to marriage; increasing certain fees for marriage licenses; requiring the separation of the offices issuing licenses and the office of the commissioner of civil marriages; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk is entitled to receive as his fee for issuing the license the sum of [$3, but if licenses are issued after regular office hours, the board of county commissioners may set an additional fee by county ordinance, a part of which, in counties having a population of less than 20,000, the board may allow the clerk to retain as his fee for extra services, and the balance of which shall be deposited in the county general fund.]
κ1979 Statutes of Nevada, Page 637 (CHAPTER 370, AB 599)κ
license the sum of [$3, but if licenses are issued after regular office hours, the board of county commissioners may set an additional fee by county ordinance, a part of which, in counties having a population of less than 20,000, the board may allow the clerk to retain as his fee for extra services, and the balance of which shall be deposited in the county general fund.] $13.
2. The clerk shall also at the time of issuing the license collect the sum of $3 and pay [the same] it over to the county recorder as his fee for recording the certificate [named] described in NRS 122.130.
3. The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state [shall] must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and [shall] must be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer [, to be placed by the state treasurer in the general fund of the state.] for credit to the state general fund.
Sec. 2. NRS 122.177 is hereby amended to read as follows:
122.177 1. The county shall provide a suitable area separate from the marriage license bureau or other place where marriage licenses are issued for the solemnizing of marriages.
2. The area shall be [appropriately] :
(a) Appropriately furnished by the county to provide a tranquil atmosphere and the solemnizing ceremony shall be privately conducted in a dignified manner without haste [.] ; and
(b) Situated in a building entirely separate from and unconnected with any building in which marriage licenses are issued.
Sec. 3. NRS 122.183 is hereby amended to read as follows:
122.183 The hours of operation for the office of the commissioner of civil marriages [shall be established by the commissioner in his sole discretion.] must be the same as the hours of the office in which marriage licenses are issued.
________
Assembly Bill No. 682Committee on Government Affairs
CHAPTER 371
AN ACT relating to county ordinances; extending the time allowed a county to adopt a proposed ordinance; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.100 is hereby amended to read as follows:
244.100 1. All proposed ordinances, when first proposed, [shall] must be read by title to the board, immediately after which at least one copy of the proposed ordinance [shall] must be filed with the county clerk for public examination. [, and final action thereon shall be deferred until the next regular meeting of the board;] The board may:
κ1979 Statutes of Nevada, Page 638 (CHAPTER 371, AB 682)κ
(a) Amend the proposed ordinance at subsequent meetings and adopt it at a meeting held within 35 days after the meeting at which it is last amended; or
(b) Adopt the proposed ordinance without amendment at any subsequent meeting of the board held not more than 35 days after the ordinance was first proposed,
but in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.
2. All ordinances [shall] must be:
(a) Signed by the chairman of the board.
(b) Attested by the county clerk.
(c) Published by title only, together with the names of the county commissioners voting for or against their passage, in a newspaper published in and having general circulation in the county, at least once a week for a period of 2 weeks before it goes into effect. Publication by title [shall] must also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.
3. Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the board of county commissioners, no further publication is necessary.
________
Assembly Bill No. 704Assemblyman Dini
CHAPTER 372
AN ACT relating to historic districts; amending the Comstock Historic District Act; authorizing counties to establish historic districts; providing penalties; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 384.010 is hereby amended to read as follows:
384.010 [This chapter shall be known and] NRS 384.010 to 384.210, inclusive, may be cited as the Comstock Historic District Act.
Sec. 2. NRS 384.030 is hereby amended to read as follows:
384.030 As used in [this chapter:] NRS 384.010 to 384.210, inclusive:
1. Commission means the Comstock historic district commission.
2. Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all windows, doors, light fixtures and signs, color, and other appurtenant fixtures.
3. Historic district means an area within which structures and places of historical interest are under the protection of the commission.
κ1979 Statutes of Nevada, Page 639 (CHAPTER 372, AB 704)κ
4. Structure means any building for whatever purpose constructed or used, housetrailer as defined in NRS 484.069, mobile home as defined in NRS 484.0795, stone wall, fence, light fixture, step, paving, advertising sign, bill poster and any fixture appurtenant thereto, but does not include structures or signs of a temporary nature such as those erected for celebrations or parades.
Sec. 3. NRS 384.040 is hereby amended to read as follows:
384.040 The Comstock historic district commission, consisting of nine members appointed by the governor, is hereby created. [within the division of state parks of the state department of conservation and natural resources.]
Sec. 4. NRS 384.050 is hereby amended to read as follows:
384.050 1. The governor shall appoint:
[(a) One member who is a member of the board of trustees of the Nevada state museum.
(b) One member who is a member of the board of trustees of the Nevada historical society.
(c) One member who is a member of the board of trustees of the Comstock Historical Restoration Foundation.
(d) One member who is a person licensed to practice architecture in the State of Nevada.
(e) Two members who are residents of the district.
(f) Three members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of this state.]
(a) One member who is a county commissioner of Storey County.
(b) One member who is a county commissioner of Lyon County.
(c) One member who is the administrator or an employee of the division of historic preservation and archeology of the state department of conservation and natural resources.
(d) Two members who are persons licensed to practice architecture in the State of Nevada.
(e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.
2. The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are duly elected and qualified.
3. Each member of the commission is entitled to receive a salary of $40 for each days attendance at a meeting of the commission and the per diem allowance and travel expenses provided by law.
Sec. 5. NRS 384.080 is hereby amended to read as follows:
384.080 1. The commission is vested with all of the functions and powers relating to the administration of [this chapter.] NRS 384.010 to 384.210, inclusive.
2. It may, to the extent permitted by [moneys] money appropriated or otherwise received therefor, employ such technical and clerical personnel, including a building inspector, as may be necessary to the discharge of its duties, and fix their compensation.
Sec. 6. NRS 384.090 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 640 (CHAPTER 372, AB 704)κ
384.090 The commission may appoint such committees and subcommittees and [make] adopt such reasonable regulations as are necessary to carry out the provisions of [this chapter.] NRS 384.010 to 384.210, inclusive.
Sec. 7. NRS 384.100 is hereby amended to read as follows:
384.100 1. The commission may establish an historic district in such portions of Storey and Lyon counties [and Carson City] as it may designate as provided in [this chapter] NRS 384.010 to 384.210, inclusive, embracing an area within which historic structures, sites and railroads relating to the Comstock lode and its history are or were located.
2. Before establishing any such district, the commission shall hold a public hearing after giving notice of the time and place of such hearing in a newspaper of general circulation in each county a portion of which is located within the proposed district.
3. Such notice shall be published once a week for 3 consecutive weeks and shall include the purpose of the hearing and the boundaries of the proposed district.
4. At such hearing any person may appear in support of or in opposition to the establishment of such district.
5. Within 15 days after the hearing the commission shall:
(a) Establish an historic district and fix its boundaries; or
(b) Determine not to establish an historic district.
6. If an historic district is established, notice thereof shall be given by one publication in a newspaper of general circulation in each county a portion of which is located within the district.
7. The commission may alter or change the boundaries of the district by following the same procedure as provided in this section for the establishment of a district.
8. After an historic district is established, no housetrailer or mobile home may be placed or established in any area within the district, unless the commission and the board of county commissioners [or supervisors] in the appropriate county [permits] permit the establishment of a trailer overlay or the location of a mobile home park within the district, upon a finding that such action is needed and that it would not conflict with the historic aspect and character of the affected area.
Sec. 8. NRS 384.110 is hereby amended to read as follows:
384.110 1. No structure [shall] may be erected, reconstructed, altered, restored, moved or demolished within the historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the commission. The application for a certificate of appropriateness shall be in such form and accompanied by such plans, specifications and other material as the commission may from time to time prescribe.
2. In its deliberations under the provisions of [this chapter,] NRS 384.010 to 384.210, inclusive, the commission shall not consider interior arrangement or use, and shall take no action under [this chapter] NRS 384.010 to 384.210, inclusive, except for the purpose of preventing the erection, reconstruction, restoration, alteration, moving or razing of buildings in the district obviously incongruous with the historic aspects of the district.
κ1979 Statutes of Nevada, Page 641 (CHAPTER 372, AB 704)κ
3. Nothing in [this chapter shall be construed to prevent:] NRS 384.010 to 384.210, inclusive, prevents:
(a) The ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change of design or material or the outward appearance thereof;
(b) The construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar authority certifies is required by the public safety because of an unsafe or dangerous condition; or
(c) The construction, reconstruction, alteration or demolition of any such feature under a permit issued by a building inspector or similar authority prior to the effective date of the establishment of such district.
[4. Any person who violates the provisions of this section shall be punished by a fine of not more than $500 for each offense. Each day of the violation constitutes a separate offense.]
Sec. 9. NRS 384.130 is hereby amended to read as follows:
384.130 As soon as practicable after such public hearing, or the waiver thereof, but not more than 60 days, Saturdays, Sundays and legal holidays excluded, after the filing of the application for the certificate of appropriateness, or within such further time as the applicant may in writing allow, the commission shall determine:
1. That the proposed erection, construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate to the preservation of the historic district for the purposes of [this chapter;] NRS 384.010 to 384.210, inclusive;
2. That, even though the proposed project may be inappropriate, failure to issue a certificate would involve a substantial hardship to the applicant because of conditions especially affecting the structure involved, but not affecting the historic district generally, and that a certificate could be issued without substantial detriment to the public welfare or the purposes of [this chapter;] NRS 384.010 to 384.210, inclusive; or
3. That the proposed project is inappropriate.
Sec. 10. NRS 384.150 is hereby amended to read as follows:
384.150 1. If the commission determines that the proposed construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate, or, although inappropriate, that failure to issue a certificate would result in hardship as provided in subsection 2 of NRS 384.130, or if the commission fails to make a determination within the time prescribed in NRS 384.130, the commission shall immediately issue to the applicant a certificate of appropriateness.
2. In exercising the power to vary or modify strict adherence to the provisions of [this chapter,] NRS 384.010 to 384.210, inclusive, or to interpret the meaning of [this chapter] NRS 384.010 to 384.210, inclusive, so as to relieve hardship under the provisions of subsection 2 of NRS 384.130, the commission shall require any variance, modification or interpretation to be in harmony with the general purpose and intent of [this chapter] NRS 384.010 to 384.210, inclusive, so that the general historical character of the district shall be conserved and substantial justice done. In allowing variations, the commission may impose such reasonable and additional conditions as will, in its judgment, better fulfill the purposes of [this chapter.]
κ1979 Statutes of Nevada, Page 642 (CHAPTER 372, AB 704)κ
reasonable and additional conditions as will, in its judgment, better fulfill the purposes of [this chapter.] NRS 384.010 to 384.210, inclusive.
3. If the commission determines that a certificate of appropriateness should not issue, it shall immediately set forth in its records the reasons for such determination, and may include recommendations respecting the proposed erection, construction, restoration, alteration, moving or razing, and shall immediately notify the applicant of such determination by transmitting to him an attested copy of the reasons and recommendations, if any, as set forth in the records of the commission.
Sec. 11. NRS 384.180 is hereby amended to read as follows:
384.180 The commission may recommend:
1. To the state and to political subdivisions within the district appropriate measures to [implement,] effectuate, supplement, foster and promote the purposes of [this chapter.] NRS 384.010 to 384.210, inclusive.
2. To any political subdivision within the district appropriate zoning and traffic regulations, including but not limited to designating mobile home and trailer sites, parking, modes of public transportation, ingress and egress to public streets and alleys, and closing of such streets or alleys or restriction of vehicular traffic thereon in order to effectuate the purposes of [this chapter,] NRS 384.010 to 384.210, inclusive, such as restoration of historic modes of travel and safety of pedestrians.
Sec. 12. NRS 384.190 is hereby amended to read as follows:
384.190 1. The building inspector employed by the commission may investigate, inspect and examine any structure, place or area in the district, either in connection with an application for a certificate of appropriateness, or at any time to determine whether [the same] it is in violation of any provision of [this chapter] NRS 384.010 to 384.210, inclusive, or any regulation or order [made] adopted or issued under authority of [this chapter. The building inspector shall give a citation to any person so determined to be a violator.] NRS 384.010 to 384.210, inclusive.
2. Whenever any work is being done contrary to the provisions of NRS 384.010 to 384.210, inclusive, the building inspector may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the commission to proceed with the work.
Sec. 13. NRS 384.200 is hereby amended to read as follows:
384.200 1. Any person who violates any of the provisions of NRS 384.010 to 384.210, inclusive, or any regulation or order adopted or issued pursuant to the provisions of NRS 384.010 to 384.210, inclusive, shall be punished by a fine of not more than $500 for each offense. Each day of the violation constitutes a separate offense.
2. The district court of the county in which any property subject to the provisions of [this chapter] NRS 384.010 to 384.210, inclusive, is located [shall have] has jurisdiction to enforce the provisions of [this chapter] NRS 384.010 to 384.210, inclusive, and any regulations or orders adopted or issued pursuant to the provisions of [this chapter,] NRS 384.010 to 384.210, inclusive, and may restrain by injunction violations thereof.
Sec. 14. NRS 384.160 is hereby repealed.
κ1979 Statutes of Nevada, Page 643 (CHAPTER 372, AB 704)κ
Sec. 15. Chapter 384 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any county may establish a historic district, the boundaries of which do not include the Comstock historic district, for the purpose of promoting the educational, cultural, economic and general welfare of the public through the preservation, maintenance and protection of structures, sites and areas of historic interest and scenic beauty.
2. Before establishing any historic district, the board of county commissioners shall hold a public hearing after giving notice of the time and the place of the hearing in a newspaper of general circulation in that county. The notice must be published once a week for 3 consecutive weeks and include the purpose of the hearing and the boundaries of the proposed district. At the hearing any person may appear in support of or in opposition to the establishment of the proposed district.
3. Within 15 days after the hearing, the board shall:
(a) Establish the historic district and fix its boundaries; or
(b) Determine not to establish the historic district.
4. If the historic district is established, the board may adopt any ordinances it determines are in the best interest of the historic district in accordance with the purposes expressed in subsection 1. An ordinance establishing a historic district must:
(a) Contain criteria which substantially achieve the preservation and rehabilitation of buildings of historic significance to the district; and
(b) Provide for a designated review board with the power to review proposed alterations to structures within the district.
5. This section is not intended to discourage the exploration, development or extraction of mineral resources.
Sec. 16. 1. This act shall become effective upon passage and approval and the terms of office of the members of the Comstock historic district commission appointed by the governor pursuant to NRS 384.050 prior to its amendment by this act expire on that date.
2. Within 30 days from the effective date of this act the governor shall appoint nine members of the Comstock historic district commission possessing the qualifications required by NRS 384.050 as amended by this act.
3. Within 10 days after their appointment the members of the Comstock historic district commission shall meet, organize and elect a chairman and a vice chairman as required by NRS 384.050.
4. Within 6 months from the effective date of this act, following the procedures contained in NRS 384.100, the Comstock historic district commission shall determine whether or not an alteration or change of the boundaries of the Comstock historic district is desirable. If the commission finds that an alteration or change of boundaries is desirable such alteration or change must be effected.
________
κ1979 Statutes of Nevada, Page 644κ
Assembly Bill No. 730Committee on Government Affairs
CHAPTER 373
AN ACT to amend an act entitled An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved May 6, 1971, as amended.
[Approved May 17, 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 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1390, is hereby amended to read as follows:
Sec. 1.060 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Six councilmen.
(c) One municipal judge [, except the city council may provide for a second municipal judge in accordance with the provisions of section 4.010.] and as many additional judges as the city council deems necessary.
(d) A city attorney.
2. Such officers shall be elected as provided by this charter.
Sec. 2. Section 3.040 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 715, Statutes of Nevada 1975, at page 1474, is hereby amended to read as follows:
[Section] Sec. 3.040 City clerk: Duties; qualifications; salary.
1. The city clerk shall:
(a) Keep the corporate seal and all books and papers belonging to the city.
(b) Attend all meetings of the city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the city council, the city clerk shall attest the journal after it has been signed by the mayor.
(c) Sign all warrants issued.
(d) Number and sign all licenses issued by the city. All licenses shall be in a form devised by the city clerk and approved by the city council.
(e) Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
(f) Be the official collector of all business license fees and penalties of the city; and all moneys making up the city revenues, except general taxes and special assessments, shall be paid over to him.
κ1979 Statutes of Nevada, Page 645 (CHAPTER 373, AB 730)κ
2. The city clerk shall:
(a) Serve for a term of 4 years.
(b) Be a bona fide resident of the city for at least 1 year immediately preceding his appointment.
(c) Be a registered voter and a taxpayer on real property in the city.
(d) Be at least 21 years of age.
3. The city clerk shall have custody of all the official records of the city. He shall be responsible to the city council for the proper discharge of his duties. His duties and salary shall be fixed by the city council and he shall be reimbursed for all expenses incurred in the performance of his duties.
4. The city clerk may, [subject to the] with approval of the city council, appoint one chief deputy [,] and one manager of record systems, who [shall not be] are not subject to the provisions of article IX of this charter. [Such] The chief deputy may administer oaths and shall perform all the duties of the city clerk in the latters absence.
Sec. 3. Section 4.010 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 881, is hereby amended to read as follows:
Sec. 4.010 Municipal court. There shall be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, [shall] apply. The municipal court [may consist of two] must include one department and may include additional departments in the discretion of the city council. If the city council determines to create [two] additional departments, it shall do so by resolution and may appoint [an] additional municipal [judge] judges to serve until the next municipal election.
Sec. 4. Section 5.010 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of Nevada 1977, at page 1395, is hereby amended to read as follows:
Sec. 5.010 General municipal elections.
1. On the Tuesday after the 1st Monday in June 1979, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor, councilmen from the second and fourth wards, a municipal judge or judges and a city attorney, all of whom shall hold office for a term of 4 years and until their successors have been elected and qualified.
2. On the Tuesday after the 1st Monday in June 1981, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, councilmen from the first, third and fifth wards, [and] one councilman at large [,] and a municipal judge or judges if one or more terms expire, all of whom shall hold office for a term of 4 years and until their successors have been elected and qualified.
κ1979 Statutes of Nevada, Page 646 (CHAPTER 373, AB 730)κ
Sec. 5. Section 5.100 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of Nevada 1977, at page 1396, is hereby amended to read as follows:
Sec. 5.100 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 returns in a safe or vault, and no person may handle, inspect or in any manner interfere with such returns until canvassed by the city council.
2. The city council and city manager shall meet within [5] 10 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person 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 at the first regular city council meeting in June 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.
Sec. 6. Section 9.030 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as added by chapter 553, Statutes of Nevada 1973, at page 884, is hereby amended to read as follows:
[Section] Sec. 9.030 Civil service commission. Appointment and compensation.
1. There shall be a civil service commission to [implement] carry out the provisions of this article. The commission shall consist of five members appointed by the mayor with approval of the city council. [, no more than three of whom shall belong to the same political party.]
2. Members shall:
(a) Be residents of the city.
(b) Have no other connection with the city government.
(c) Hold no elective office.
(d) Serve for terms of five years.
(e) Receive compensation as provided by city ordinance.
3. One term of office shall begin on the second Monday in July in each successive year. A member shall serve until his successor is appointed and qualified. A vacancy occurring during a term shall be filled by the mayor with the approval of the city council for the remainder of that term.
Sec. 7. Section 9.260 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as added by chapter 553, Statutes of Nevada 1973, at page 888, is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 647 (CHAPTER 373, AB 730)κ
Statutes of Nevada 1971, as added by chapter 553, Statutes of Nevada 1973, at page 888, is hereby amended to read as follows:
[Section] Sec. 9.260 Duties and authority of city manager.
1. All employees in the civil service, other than those employed by the commission, shall hold their positions at the pleasure of the city manager and shall perform their assigned duties under his direction, subject to the provisions of this article. No employee in the civil service shall be suspended, demoted, dismissed or disciplined except as provided in this article.
2. The city manager or his delegate may [suspend, demote, dismiss or otherwise discipline] bring disciplinary action against any employee in the civil service who:
(a) Is unable to or fails for any reason to perform his duties properly and efficiently.
(b) Is guilty of any actions which reduce his effectiveness as an employee or bring discredit on the city service.
(c) Has violated any provision of this article or of commission rules.
3. The city manager shall immediately report [any such action] any suspension of more than 3 days or any action of demotion or termination to the secretary of the commission and at the same time deliver to the secretary and to the affected employee copies of a complaint setting forth the action taken and the reasons for that action, with the name of the original complainant if other than the city manager.
4. Whenever a written complaint against any employee in the civil service is made to the city manager he shall immediately communicate it to the secretary of the commission.
5. The city manager or his delegate [shall] have the authority to adjust an employees salary within the salary range for the class on the basis of quality and quantity of the employees work. The commission shall by rule provide for appeals from such adjustment on a showing that it was made principally for disciplinary purposes.
Sec. 8. Section 9.270 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as added by chapter 553, Statutes of Nevada 1973, at page 889, is hereby amended to read as follows:
[Section] Sec. 9.270 Appeals to the commission.
1. An employee in the civil service who has been suspended [, demoted, dismissed or disciplined by the city manager] for a period of more than 3 days or who is the subject of an action by the city manager to demote or terminate him may appeal such action to the commission by serving the secretary of the commission with a written notice of appeal within [ten] 10 days of such action. The commission shall set the time for hearing such appeal not less than [ten] 5 nor more than [thirty] 15 days from the date of service of the notice of appeal.
2. The commission shall provide by rule for hearing such appeals and making any investigations it deems appropriate. Such hearing may be closed at the request of the accused or on the commissions own motion.
κ1979 Statutes of Nevada, Page 648 (CHAPTER 373, AB 730)κ
hearing may be closed at the request of the accused or on the commissions own motion. In all appeals to the commission, the office of the city attorney shall represent the interest of the city.
3. In connection with any hearing or investigation contemplated by this article each member of the commission shall have the power to administer oaths, secure by subpena the attendance of witnesses residing within fifty miles of the City of Reno, the production of books and papers relevant to such hearing or investigation and to compel witnesses to answer, and to punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing. All witnesses shall be under oath. The accused shall have full opportunity to be heard in person and by attorney in his own defense and shall be entitled to secure the attendance of witnesses within the reach of the commissions subpena necessary for his defense at the expense of the city. Upon a showing of necessity an accused may secure from the commission an order requiring the taking of depositions of witnesses necessary to his defense and who are not within reach of a subpena. The commission shall determine to what extent the expense of such depositions shall be paid for by the city. Hearings on appeal shall be reported and transcribed. The commission shall render its decision within [seven] 7 days from the date of [receipt of such transcript.] of the hearing.
4. The action taken by the city manager shall stand unless modified or revoked by the commission. If the commission finds that the reason for which the action was taken was insufficient it shall modify or revoke the action.
5. The commission shall provide by rule for the hearing and disposition of appeals against examination content or procedures.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 744Assemblymen Barengo, Mello, Bremner, Mann, Hickey, Vergiels, Cavnar and Rhoads
CHAPTER 374
AN ACT relating to gaming licensing and control; authorizing the immediate appointment of two additional deputy attorneys general for the Nevada gaming commission and the state gaming control board; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. Notwithstanding the provisions of NRS 284.182 and 463.090, the attorney general is hereby authorized to appoint and employ two additional deputy attorneys general to serve the Nevada gaming commission and the state gaming control board.
κ1979 Statutes of Nevada, Page 649 (CHAPTER 374, AB 744)κ
two additional deputy attorneys general to serve the Nevada gaming commission and the state gaming control board. The annual salary for each new position may not exceed $26,003.
2. Notwithstanding the budget approved for the fiscal year commencing on July 1, 1979, the salaries of the two deputy attorneys general appointed pursuant to subsection 1 must be paid pursuant to the provisions of NRS 463.330.
Sec. 2. NRS 463.090 is hereby amended to read as follows:
463.090 1. The attorney general and his [duly appointed assistants and] deputies are the legal advisers for the commission and the board and shall represent the commission and the board in any proceeding to which either is a party.
2. [A deputy attorney] The deputy attorneys general assigned as [a legal adviser] legal advisers for the commission and the board [shall] are entitled to receive an annual salary in the amount specified in NRS 284.182.
Sec. 3. Section 1 of this act expires by limitation on July 1, 1979.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 775Committee on Transportation
CHAPTER 375
AN ACT relating to the taxicab authority; requiring the taxicab administrator to conduct a background investigation of an applicant for a permit as a taxicab driver before issuing the permit; requiring the applicant to submit fingerprints; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.8841 is hereby amended to read as follows:
706.8841 1. The administrator shall issue a drivers permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a drivers permit, the administrator shall [require] :
(a) Require the applicant to submit a set of his fingerprints, which must be forwarded to the identification and communications division of the department of law enforcement assistance and to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicants background; and
(b) Require proof that the applicant:
[(a)] (1) Has been a resident of the state for 30 days prior to his application for a permit; [and
(b)] (2) Can read and orally communicate in the English language; and
κ1979 Statutes of Nevada, Page 650 (CHAPTER 375, AB 775)κ
[(c)] (3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.
2. The administrator may refuse to issue a drivers permit if the applicant has been convicted of:
(a) A felony, other than a felony for a sexual offense, in the State of Nevada or any other state, territory or nation within 5 years before the date of the application, or a felony involving any sexual offense at any time; or
(b) Driving under the influence of intoxicating beverages, dangerous drugs or controlled substances within 3 years before the date of the application.
3. The administrator may refuse to issue a drivers permit if the administrator, after [a] the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the drivers permit would be detrimental to public health, welfare or safety.
4. A taxicab driver shall pay to the administrator, in advance, the sum of $5 for an original drivers permit and $2.50 for a renewal.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 259Committee on Government Affairs
CHAPTER 376
AN ACT relating to control and sale of state lands; requiring an appraisal of land to be acquired by the state; clarifying other procedures for obtaining such land; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 321.001 is hereby amended to read as follows:
321.001 1. The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for highway purposes;
(b) Lands or interests the title to which is vested in the board of regents of the University of Nevada,
and shall administer all [such] lands it holds which are not assigned for administration to another state agency.
2. [When] If additional land or an interest in land is required for the use of any state agency except the department of highways or the University of Nevada, the agency shall select a site [and, if the state public works board approves the selection, the] approved by the state public works board, obtain an appraisal of the land to be acquired, and obtain the approval of the legislature if required by law. The division of state lands shall then obtain the land or interest by negotiation or if necessary by [the exercise of] exercising the states power of eminent domain.
κ1979 Statutes of Nevada, Page 651 (CHAPTER 376, SB 259)κ
by [the exercise of] exercising the states power of eminent domain. Title [shall] must be taken in the name of the State of Nevada.
________
Senate Bill No. 303Senator Jacobsen
CHAPTER 377
AN ACT relating to industrial insurance; requiring the Nevada industrial commission to recognize chiropractic care; and providing other matters properly relating thereto.
[Approved May 17, 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:
The commission may not deny responsibility under this chapter for any charges for treatment of the injuries or disease of an employee solely because the treatment was provided by a person licensed to practice chiropractic pursuant to chapter 634 of NRS who is not a member of the panel of physicians.
Sec. 2. NRS 616.342 is hereby amended to read as follows:
616.342 1. The commission may appoint physicians who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Physicians so appointed shall be known as a panel of physicians, and every employer shall maintain a list of those panel physicians who are reasonably accessible to his employees.
2. An injured employee may choose his treating physician from the panel of physicians. If the injured employee is not satisfied with the first physician he so chooses, he may make an alternative choice of physician from the panel, subject to the approval of the commission.
3. Except when emergency medical care is required [,] and except as provided in section 1 of this act, the commission is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employees injury attributable to improper treatments by such physician or other person.
4. The commission may, from time to time, order necessary changes in a panel of physicians, and may suspend or remove any physician from a panel of physicians, under such rules and regulations as it may adopt in order to carry out this section.
________
κ1979 Statutes of Nevada, Page 652κ
Senate Bill No. 327Committee on Commerce and Labor
CHAPTER 378
AN ACT relating to casualty insurance contracts; requiring insurers who issue policies covering the liability of manufacturers or sellers for defective products to report to the commissioner of insurance; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 690B of NRS is hereby amended by adding thereto a new section which shall read as follows:
On or before March 1 of each year, every insurer who issues policies of insurance covering the liability of manufacturers or sellers for defective products shall submit a report to the commissioner on an approved claim reporting form.
________
Senate Bill No. 348Senator Jacobsen
CHAPTER 379
AN ACT relating to physicians; authorizing the board of medical examiners to require compliance with certain continuing education requirements as a prerequisite to the renewal of a license to practice medicine; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board may require physicians who are licensed under this chapter to comply with continuing education requirements adopted by the board as a prerequisite to the renewal of their licenses.
________
Senate Bill No. 354Senator Don Ashworth
CHAPTER 380
AN ACT relating to limitations of actions; limiting certain actions against estates for which no letters of administration have been issued; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 653 (CHAPTER 380, SB 354)κ
1. Except as provided in subsection 2, no action can be maintained against an estate for which letters of administration have not been issued unless it is commenced within 3 years next after the death of the decedent.
2. This section does not affect:
(a) Any lien created by a mortgage or deed of trust which is recorded or a security agreement which is filed.
(b) The rights of any person who is in possession of personal property of the estate.
________
Senate Bill No. 59Senators Close, Dodge, Keith Ashworth and Glaser
CHAPTER 381
AN ACT relating to liens; adopting the revision of the Uniform Federal Tax Lien Registration Act; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The Uniform Federal Lien Registration Act applies only to federal tax liens and other federal liens, notices of which are required or permitted to be filed in the same manner as notices of federal tax liens.
Sec. 2. NRS 108.825 is hereby amended to read as follows:
108.825 NRS 108.825 to 108.837, inclusive, and section 1 of this act, may be cited as the Uniform Federal [Tax] Lien Registration Act.
Sec. 3. NRS 108.827 is hereby amended to read as follows:
108.827 1. Notices of liens, certificates and other notices affecting federal tax liens or other federal liens must be filed in accordance with NRS 108.825 to 108.837, inclusive, and section 1 of this act.
2. Notices of liens upon real property for [taxes] obligations payable to the United States [,] and certificates and notices affecting the liens [, shall] must be filed in the office of the county recorder of the county in which the real property subject to [a federal tax lien] the liens is situated.
[2.] 3. Notices of federal liens upon personal property, whether tangible or intangible, for [taxes] obligations payable to the United States [,] and certificates and notices affecting the liens [, shall] must be filed as follows:
(a) If the person against whose interest the [tax] lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state.
(b) In all other cases in the office of the county recorder of the county where the [taxpayer] person against whose interest the lien applies resides at the time of filing of the notice of lien.
κ1979 Statutes of Nevada, Page 654 (CHAPTER 381, SB 59)κ
Sec. 4. NRS 108.829 is hereby amended to read as follows:
108.829 Certification of notices of liens, certificates or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate [of notices of liens, certificates or other notices affecting tax liens] , or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed [,] and no other attestation, certification or acknowledgment is necessary.
Sec. 5. NRS 108.831 is hereby amended to read as follows:
108.831 1. If a notice of federal [tax] lien, a refiling of a notice of [tax] federal lien, or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer [and:] who is:
(a) [He is the] The secretary of state, he shall cause the notice to be marked, held and indexed in accordance with the provisions of subsection 4 of NRS 104.9403 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
(b) [He is any] Any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date of receipt, [the serial number of the District Director of Internal Revenue] and the total [unpaid balance of the assessment] amount appearing on the notice of lien.
2. If a certificate of release, nonattachment, discharge or subordination of any [tax] federal lien is presented to the secretary of state for filing he shall:
(a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates [shall] must not be removed from the files; and
(b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
3. If a refiled notice of federal [tax] lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he [shall permanently attach the refiled notice or the certificate to the original notice of lien and] shall enter the refiled notice or the certificate with the date of filing in any alphabetical [federal tax] lien index. [on the line where the original notice of lien is entered.]
4. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any active notice of [federal tax] lien or certificate or notice affecting the lien, [filed on or after March 24, 1967,] naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate.
The fee for a certificate is $3. Upon request the filing officer shall furnish a copy of any notice of federal [tax] lien or notice or certificate affecting a federal [tax] lien for a fee of $1 for the first page and 50 cents for each page thereafter.
κ1979 Statutes of Nevada, Page 655 (CHAPTER 381, SB 59)κ
affecting a federal [tax] lien for a fee of $1 for the first page and 50 cents for each page thereafter.
Sec. 6. NRS 108.833 is hereby amended to read as follows:
108.833 [1. The filing officer shall charge and collect one fee of $6 for each notice of federal tax lien filed and indexed. This charge shall include the subsequent recording of a certificate of discharge, nonattachment, release or subordination of such lien. The filing officer shall not charge any fee for recording the release of any federal tax lien which was filed prior to March 26, 1967.
2. Notwithstanding any other provision of law, a county recorder shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice, not oftener than semimonthly, to the District Director of Internal Revenue for all fees accrued during the billing period, and shall pay over such fees to the county treasurer on or before the 5th day of the month following the month in which remittance of such fees is received from the District Director of Internal Revenue.
3. The secretary of state shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice monthly to the District Director of Internal Revenue for all fees accrued during the billing period.] The county recorder shall charge the standard fee for filing and indexing each notice of lien, certificate or notice affecting the lien. No fee may be charged for recording the release of any federal tax lien which was filed before March 24, 1967.
Sec. 7. NRS 108.837 is hereby amended to read as follows:
108.837 NRS 108.825 to 108.837, inclusive, [shall be so] and section 1 of this act must be interpreted and construed [as] to effectuate their general purpose to make uniform the law of those states which enact such sections.
Sec. 8. Section 6 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 143Committee on Judiciary
CHAPTER 382
AN ACT relating to handicapped persons; providing for the appointment of interpreters in judicial and administrative proceedings for persons with hearing and speech handicaps; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 50 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
κ1979 Statutes of Nevada, Page 656 (CHAPTER 382, SB 143)κ
Sec. 2. An interpreter must be appointed at public expense for a handicapped person who is a party to or a witness in a criminal proceeding.
Sec. 3. 1. If an interpreter appointed for a handicapped person is not effectively or accurately communicating with or on behalf of the handicapped person, and that fact becomes known to the person who appointed him, another interpreter must be appointed.
2. Unless otherwise agreed upon by the parties, a person may not be appointed as an interpreter of a handicapped person in a proceeding if he is:
(a) The spouse of the handicapped person or related to him; or
(b) Otherwise interested in the outcome of the proceeding or biased for or against one of the parties.
3. Whenever possible, a handicapped person must be given an interpreter of his own choice or one of whom he approves.
Sec. 4. 1. Before undertaking his duties, the interpreter shall swear or affirm that he will make a true interpretation in an understandable manner to the person for whom he has been appointed, and that he will repeat the statements of the handicapped person in the English language to the best of his ability.
2. While in the proper performance of his duties, an interpreter acts in the place of the handicapped person and to that extent has all of the rights and privileges of the handicapped person for purposes of the proceeding, including access to all relevant material.
Sec. 5. NRS 50.045 is hereby amended to read as follows:
50.045 Interpreters are subject to the provisions of this chapter relating to qualification as an expert. [and the administration of an oath or affirmation in appropriate form.]
Sec. 6. NRS 50.050 is hereby amended to read as follows:
50.050 1. As used in this section [,] and sections 2 to 4, inclusive, of this act, unless the context requires otherwise:
(a) Handicapped person means a person who, because he is deaf, mute or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.
(b) Interpreter means a person who is readily able to communicate with the handicapped person, translate the proceedings for him and accurately repeat and translate the statements of the handicapped person to the court or magistrate [.] or other person presiding over the proceedings.
2. In all judicial proceedings in which a handicapped person appears as a witness, the court, [or] magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to the handicapped person and to interpret the testimony of the handicapped person to the court, [or] magistrate [.] or other person presiding.
3. The court, [or] magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature the compensation of the interpreter may be taxed as costs and must not be charged as a public expense.
κ1979 Statutes of Nevada, Page 657 (CHAPTER 382, SB 143)κ
judicial proceeding is civil in nature the compensation of the interpreter may be taxed as costs and must not be charged as a public expense.
4. [Compensation which is a county charge shall be paid by the county treasurer out of moneys in the county treasury not otherwise appropriated,] Claims against a county, municipality, the state or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, [or] magistrate or other person presiding over the proceedings that the qualified interpreter has performed the services required and incurred the expenses claimed.
Sec. 7. NRS 171.1536 is hereby amended to read as follows:
171.1536 Upon the arrest of a handicapped person as defined in NRS 50.050, and before his interrogation or the taking of his statement, the [arresting officer] peace officer in actual charge of the station, headquarters or other facility to which the handicapped person has been brought shall make an interpreter available at public expense to the handicapped person [.] , subject to the provisions of sections 3 and 4 of this act.
Sec. 8. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.
Sec. 9. An applicant or a witness at a hearing upon an application for clemency who is a handicapped person as defined in NRS 50.050 is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the governor or a member of the board designated by him.
Sec. 10. A prisoner, parolee or a witness at the hearing of a case who is a handicapped person as defined in NRS 50.050 is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the chairman of the board or other person who presides at the hearing.
Sec. 11. NRS 213.010 is hereby amended to read as follows:
213.010 1. The state board of pardons commissioners [shall consist] consists of the governor, the justices of the supreme court and the attorney general.
2. As used in NRS 213.010 to 213.100, inclusive, and section 9 of this act, board means the state board of pardons commissioners.
3. Meetings of the board for the purpose of considering applications for clemency shall be held semiannually or oftener, on such date as may be fixed by the board.
Sec. 12. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive [:] , and section 10 of this act:
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer.
Sec. 13. Chapter 233B of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 658 (CHAPTER 382, SB 143)κ
A witness during his testimony at a hearing of a contested case, who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the person who presides at the hearing.
Sec. 14. Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The certificated employee or a witness at a hearing under NRS 391.311 to 391.3196, inclusive, who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the chairman of the hearing commission or the hearing officer, as the case may be.
Sec. 15. NRS 391.311 is hereby amended to read as follows:
391.311 The following terms, whenever used or referred to in NRS 391.312 to 391.3196, inclusive, and section 14 of this act, have the following meaning unless a different meaning clearly appears in the context:
1. Administrator means any certificated employee the majority of whose working time is devoted to service as a superintendent, supervisor, principal or vice principal in a school district.
2. Board means the board of trustees of the school district [wherein] in which a teacher affected by NRS 391.311 to 391.3196, inclusive, and section 14 of this act, is employed.
3. Demotion means demotion of an administrator.
4. Postprobationary teacher means a teacher who has completed 3 consecutive probationary teacher contracts in a Nevada school district and is employed for a 4th consecutive year.
5. Probationary teacher means a teacher in the first 3 consecutive contract years of employment in a school district, including any authorized leave of absence during that period.
6. Superintendent means the superintendent of a school district or the person acting as such.
7. Teacher means a certificated employee the majority of whose working time is devoted to the rendering of direct educational service to students of a school district.
Sec. 16. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The person who is the subject of a disciplinary hearing under this chapter or who is a witness at that hearing, and who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the person who presides at the hearing.
Sec. 17. Chapter 422 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who is the subject of a hearing conducted under the authority of the welfare division or who is a witness at that hearing, and who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act.
κ1979 Statutes of Nevada, Page 659 (CHAPTER 382, SB 143)κ
who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the person who presides at the hearing.
Sec. 18. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who is the subject of a hearing conducted under the provisions of this chapter, or who is a witness at that hearing, and who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the person who presides at the hearing.
Sec. 19. NRS 615.200 is hereby amended to read as follows:
615.200 The bureau may:
1. Enter into reciprocal agreements with other states (which, for this purpose, may include the District of Columbia, Puerto Rico, the Virgin Islands and Guam) to provide for the vocational rehabilitation of individuals within the states concerned;
2. Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;
3. Operate facilities for carrying out the purposes of this chapter;
4. In matters relating to vocational rehabilitation:
(a) Conduct research, studies, investigations and demonstrations and make reports;
(b) Provide training and instruction (including the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary);
(c) Disseminate information; and
(d) Render technical assistance; [and]
5. Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the bureau [.] ; and
6. Maintain a list of persons who serve as interpreters for handicapped persons and shall make any such list available without charge to persons who request it.
Sec. 20. NRS 171.1535 is hereby repealed.
________
κ1979 Statutes of Nevada, Page 660κ
Senate Bill No. 280Committee on Government Affairs
CHAPTER 383
AN ACT relating to planning and zoning; extending certain area limits respecting the development of parks and playgrounds; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.4981 is hereby amended to read as follows:
278.4981 1. Any city or county which makes dedication of sites for parks and playgrounds mandatory shall adopt regulations that [shall] set forth the standards to be applied in determining the amount of land that is required to be dedicated. [Such] The regulations shall be adopted in accordance with procedures set forth in the Nevada Administrative Procedure Act and shall contain standards determining the amount, quality and location of land that is required to be dedicated which are based upon the number and type of dwelling units or structures, apartment houses or mobile home lots, or any combination thereof, included in each subdivision or development and give due consideration to the relative desirability and market value of the land that may be included within the area of any particular proposed subdivision or development. [Such] The regulations also may, without limiting the general powers conferred in this chapter, include the following:
(a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve neighborhoods or communities of interest within the city or county.
(b) A delegation of authority to designated departments or agencies of the city or county to select the location of the land areas to be dedicated for park and playground purposes. If park districts or service areas have been created pursuant to paragraph (a), the land to be dedicated for park and playground purposes shall be within the park district or service area in which the subdivision, apartment house or mobile home lots are located.
(c) Provisions requiring a subdivider or developer, in lieu of dedicating the sites, to pay to the city or county a sum of money equal to the value of the land that would otherwise be required to be dedicated for park and playground purposes, whenever the department or agency charged with administering the dedication provisions determines that it would not be in the public interest to accept the dedication in connection with a particular proposed subdivision or development. If this provision is included in the regulation, the standards to be applied in determining when it is not in the public interest to accept the dedication and the method of making payment shall be set forth. All [funds] money so received shall be held by the city or county, or a designated department or agency thereof, in a special account, and shall be used to acquire or develop or both acquire and develop park and playground sites for the benefit of the residents of the city or county. If park districts or service areas have been created pursuant to paragraph (a), [moneys in such funds] the money in the special account shall be expended for the benefit of the residents of the property within the park district or service area from which [such moneys are] the money is derived.
κ1979 Statutes of Nevada, Page 661 (CHAPTER 383, SB 280)κ
(a), [moneys in such funds] the money in the special account shall be expended for the benefit of the residents of the property within the park district or service area from which [such moneys are] the money is derived.
(d) Provisions establishing standards for the application and use of [funds] money subject to the limitations set forth in this section.
(e) Requirements that payment in lieu of dedication shall be a condition precedent to the approval of any subdivision or other plat building permit, or that payment may be deferred or made in installments following approval of a subdivision or other plat building permit application upon the subdividers or developers posting of a good and sufficient surety bond guaranteeing the payment.
(f) Provisions that payment in lieu of dedication may also be required of any person who proposes to construct a residential dwelling unit or units on a building site within property previously subdivided.
2. If the land area dedicated by any subdivider or developer exceeds a proportionate contribution to the total parksite, taking into consideration the total residents of the subdivision or development and residents of nearby areas reasonably expected to benefit therefrom, the subdivider or developer making the dedication shall be compensated at fair market value for the excess value contributed.
3. If within 3 years after the date on which 75 percent of the residential dwelling units authorized within a particular subdivision or development or, if created, a park district or service area first become occupied:
(a) A park or playground has not been developed on the land dedicated for that purpose, title to such land shall revert to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis.
(b) A park or playground has not been developed within the park district or service area created to serve the neighborhood in which the subdivision or development is located, or, if no such park district or service area has been created, within the immediate neighborhood of such subdivision or development, all money paid by the subdivider or developer in lieu of dedication shall be refunded with interest to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis; and any surety bond posted in lieu of such payment shall be exonerated.
________
κ1979 Statutes of Nevada, Page 662κ
Senate Bill No. 305Senators Hernstadt and Close
CHAPTER 384
AN ACT relating to crimes against decency; prohibiting the solicitation of a minor to engage in acts which would constitute the infamous crime against nature if performed by an adult; providing penalties; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who incites, entices or solicits a minor to engage in acts which would constitute the infamous crime against nature if performed by an adult:
1. If the minor actually engaged in such acts as a result, should be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. Is guilty of a gross misdemeanor if the minor did not engage in such acts.
________
Senate Bill No. 310Committee on Commerce and Labor
CHAPTER 385
AN ACT relating to real estate brokers and salesmen; requiring inactive brokers and salesmen to meet certain continuing education requirements as a prerequisite to reinstatement to active status; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.575 is hereby amended to read as follows:
645.575 1. The commission shall prescribe standards for the continuing education of persons licensed pursuant to this chapter by adopting regulations which include:
(a) [A total attendance of 20 clock hours at any approved educational course, seminar, conference or their equivalent within 2 years after initial licensing.
(b) A total attendance of 10 clock hours at any approved educational course, seminar, conference or their equivalent within each 2-year period before relicensing.] For renewal of a license which is on active status, a requirement for total attendance at any approved educational course, seminar or conference of:
(1) Twenty clock hours within the 2-year period immediately after initial licensing; and
(2) Ten clock hours within each subsequent 2-year period before renewal.
κ1979 Statutes of Nevada, Page 663 (CHAPTER 385, SB 310)κ
(b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:
(1) Twenty clock hours if the license was on inactive status for 2 years or less during the initial license period.
(2) Ten clock hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period.
(3) Forty clock hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period.
(4) Twenty clock hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.
(c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.
(d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of subsection (a) or (b).
(e) A system of controlling and reporting qualifying attendance.
(f) A statement of the conditions under which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.
2. The standards prescribed under subsection 1 [shall] must permit alternatives of subject material, taking cognizance of specialized areas of practice, and alternatives in sources of programs considering availability in area and time. The standards [shall] must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The commission shall qualify any appropriate educational course given by an accredited university or community college.
3. Except as otherwise provided in this subsection, after December 31, 1980, the license of [an active] a broker, broker-salesman or salesman [shall] must not be renewed or reinstated unless the [commissioner] administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation [shall] does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.
________
κ1979 Statutes of Nevada, Page 664κ
Senate Bill No. 332Committee on Natural Resources
CHAPTER 386
AN ACT relating to the state department of conservation and natural resources; revising certain accounting practices; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 324.040 is hereby amended to read as follows:
324.040 1. The administrator of the division is designated as the state registrar of lands under the Carey Act.
2. The state registrar of lands under the Carey Act shall:
(a) Be the custodian of all papers, documents, maps and plats relating to Carey Act lands.
(b) Receive and give a receipt for all fees and payments required to be paid under the provisions of this chapter or under any regulation of the division.
(c) Deposit all fees and payments received by him with the state treasurer to the credit of the Carey Act [trust] fund. (d) Conduct all correspondence relating to Carey Act lands.
3. The state registrar of lands under the Carey Act is designated as the authorized agent of the state to dispose of lands under the Carey Act.
4. For services performed under the provisions of this chapter the administrator of the division is not entitled to receive additional compensation.
Sec. 2. NRS 324.080 is hereby amended to read as follows:
324.080 1. The division may fix the price at which the state disposes of lands in each segregation to settlers at the time of their entry, which may not be less than $10 per acre nor more than the fair market value, including costs incidental to the application.
2. The proceeds must be deposited with the treasurer for credit to the Carey Act [trust] fund, which is hereby created [.] as a special revenue fund.
Sec. 3. NRS 324.090 is hereby amended to read as follows:
324.090 A nonrefundable fee of $100 must be collected by the division under the provisions of this chapter and deposited with the state treasurer for credit to the Carey Act [trust] fund. The fee covers one copy each of all original documents from the time of application to the time of issuance of patent, including the application for segregation. Other fees may be charged as are established by regulations of the division.
Sec. 4. NRS 324.100 is hereby amended to read as follows:
324.100 1. The proceeds derived by the state from fees and the sale of Carey Act lands must be deposited in the Carey Act [trust] fund. The money is subject to control and disposition by the division and may be used by the division for the following purposes only:
(a) For the payment of all necessary expenses incurred by the state registrar of lands under the Cary Act for administering Carey Act lands.
(b) For the reclamation, under the control and direction of the division, of desert lands in the state, other than those included in any segregation by any applicant except the state.
κ1979 Statutes of Nevada, Page 665 (CHAPTER 386, SB 332)κ
(c) For such advertisement and publicity of the desert lands of the state as may advance their settlement and reclamation.
2. Until the Carey Act [trust] fund has received deposits from fees and sales of land under the provisions of this chapter sufficient to meet the necessary disbursements arising under paragraph (a) of subsection 1, the state controller and the state treasurer are authorized and directed to transfer from the state general fund to the Carey Act [trust] fund [,] from time to time, sufficient money to meet those disbursements, not exceeding $10,000, and that sum is hereby appropriated for that purpose. As soon as deposits to the Carey Act [trust] fund, derived from fees and sales of lands, are sufficient to provide an adequate operating balance in the Carey Act [trust] fund, all sums so transferred must be restored to the state general fund.
3. All disbursements from the Carey Act [trust] fund must be on claims of the state registrar of lands under the Carey Act and approved by the state board of examiners.
Sec. 5. NRS 324.160 is hereby amended to read as follows:
324.160 1. Upon approval by the Secretary of the Interior of the application for a segregation, the division [shall] must enter into a contract with the applicant for the segregation. The contract must contain:
(a) Such complete specifications with respect to the system of irrigation works proposed to reclaim the lands of the segregation as the division prescribes by regulation.
(b) The price, conditions and terms per acre at which the irrigation works and perpetual water rights will be sold to settlers.
(c) The price, terms and conditions on which the state is to dispose of the lands to settlers.
(d) Such additional requirements and stipulations as are necessary to protect the good reputation of the state and the rights of all parties in interest from the date of the contract to the complete consummation of the enterprise.
2. The contract must not be entered into until the contractor has filed a satisfactory bond in a penal sum equal to 5 percent of the estimated cost of the works which is conditioned upon the faithful performance of the contract with this state.
3. If, within 3 months after notice by the division to the applicant, by registered or certified letter addressed to his last-known address, that the segregation has been approved by the Secretary of the Interior, the applicant or his agent fails to appear and execute a contract with the state and supply the bond as required, the applicant defaults his interest in the land to the state, unless the division grants an extension of time which may not exceed 30 days. The division may advertise the interest of the applicant for sale and sell it to the highest bidder under such regulations as the division may prescribe, and sell the interest and enter into a contract covering the segregation with the purchaser. In such a case the state engineer shall transfer the application for the water right to the purchaser. The proceeds of the sale must be used to reimburse the division for the costs of the advertisement and sale. The surplus, if any, must be deposited in the Carey Act [trust] fund.
Sec. 6. (Deleted by amendment.)
κ1979 Statutes of Nevada, Page 666 (CHAPTER 386, SB 332)κ
Sec. 7. NRS 532.210 is hereby amended to read as follows:
532.210 1. The [water distribution fund, a revolving] fund created pursuant to the provisions of chapter 232, Statutes of Nevada 1931, and chapter 23, Statutes of Nevada 1943, is hereby continued as a revolving account within the water distribution fund, for the purposes set forth in NRS 533.270 to 533.295, inclusive, and for the purposes set forth in the provisions of [chapter 534] chapters 534, 535 and 536 of NRS pertaining to the conservation and distribution of [underground] waters.
2. The money in the water distribution [fund] revolving account may be used for:
(a) The payment of state water commissioners and assistant state water commissioners salaries and expenses.
(b) The payment of salaries and expenses of other employees engaged in the work of the distribution of waters or streams that are directly under the supervision of the state engineer.
(c) The payment of expenses necessarily incurred by the state water commissioners in the distribution of water.
3. The money in the water distribution [fund,] revolving account, or so much thereof as may be necessary, may be used by the state engineer for the uses and purposes of, and in the administration of the provisions of, chapter 534 of NRS pertaining to the conservation and distribution of underground waters.
Sec. 8. NRS 533.270 is hereby amended to read as follows:
533.270 1. There shall be appointed by the state engineer, subject to confirmation by any court having jurisdiction, one or more commissioners for any stream system or water district subject to regulation and control by the state engineer.
2. The duties and salaries of [such] the water commissioners [shall] must be fixed by the state engineer and the salaries [shall] must be paid by the State of Nevada out of the water distribution [funds provided for in NRS 533.290.] accounts. The district supervisor of water commissioners [shall] is entitled to receive an annual salary, one-half of which [shall] must be in an amount determined pursuant to the provisions of NRS 284.182 and provided by direct legislative appropriation, the other half to be paid from the water distribution [funds.] fund.
3. The water commissioners appointed under the provisions of this section [shall be] are exempt from the provisions of chapter 284 of NRS.
Sec. 9. NRS 533.275 is hereby amended to read as follows:
533.275 1. The state engineer may appoint an engineer, who is qualified in hydrographic and water distribution experience, to work in a supervisory capacity on water distribution and regulation service upon all adjudicated stream systems within the state.
2. While engaged in [such] that work, the salary and expenses of the engineer [shall] must be charged to the particular adjudicated stream system receiving [such] the service upon the basis of time occupied and expenses incurred in the work, and payment [shall] must be made out of the water distribution [fund] account provided for the adjudicated stream system.
3. When the engineer is not engaged in water distribution, additional work may be allotted to him by the state engineer, and payment therefor [shall] must be from other [funds] money available to the office of the state engineer.
κ1979 Statutes of Nevada, Page 667 (CHAPTER 386, SB 332)κ
work may be allotted to him by the state engineer, and payment therefor [shall] must be from other [funds] money available to the office of the state engineer.
Sec. 10. (Deleted by amendment.)
Sec. 11. NRS 533.290 is hereby amended to read as follows:
533.290 1. The taxes and charges provided for in NRS 533.285, when collected, [shall] must be deposited with the state treasurer, in the same manner as other special taxes, [in a fund in the state treasury which shall be known as] for credit to the water distribution [funds.] fund which is hereby created as a special revenue fund.
2. All bills against this fund [shall] must be certified by the state engineer or his assistant and, when certified and approved by the state board of examiners, the state controller [is authorized to] may draw his warrant therefor against [such] the water distribution [funds.] fund.
3. No advances [shall] may be made from a stream system [fund] account that has been depleted until [such] the advances are reimbursable from the proceeds of any tax levies levied against the particular stream system or water district for which any claims are presented.
4. Any [moneys] money remaining in the water distribution [funds] fund at the end of the current year [shall] must remain in [such] the fund and be available for use in the following year.
5. The state controller shall keep separate accounts of the [funds] money for each stream system or water district received from the various counties within which the stream system or water district is located, and shall not draw warrants against a water district [fund] account until he has been notified by the state engineer that assessments have been filed with the board of county commissioners, as required by NRS 533.285, that will return to the State of Nevada [funds] money advanced by the state out of the water distribution [fund] revolving account provided for in NRS 532.210.
Sec. 12. NRS 533.295 is hereby amended to read as follows:
533.295 1. The water distribution [funds provided for in NRS 533.290 shall] fund must be used exclusively for expenses incurred in the administration, operation and maintenance of the particular stream system from which the [funds were] money is budgeted and collected.
2. The term expenses referred to in NRS 533.270 to 533.290, inclusive, [shall include] includes salaries, hydrographic surveys, per diem expenses, car rental, equipment, including necessary automobiles, supplies and materials incidental to the proper administration and distribution of water.
Sec. 13. NRS 533.300 is hereby amended to read as follows:
533.300 1. The state engineer shall divide the state into water districts, to be so constituted as to insure the best protection for the water users. and the most economical water supervision on the part of the state. [Such] The water districts [shall] must not be created until a necessity therefor [shall arise] arises and [shall] must be created from time to time as the priorities and claims to the streams of the state [shall be] are determined.
2. Upon the creation of a water district the state engineer may appoint an advisory board of representative citizens within the district to assist him in formulating plans and projects for the conservation of the water resources and the use thereof in [such] the district.
κ1979 Statutes of Nevada, Page 668 (CHAPTER 386, SB 332)κ
in formulating plans and projects for the conservation of the water resources and the use thereof in [such] the district. The per diem and necessary travel and subsistence expenses of the appointive members of [such board shall] the board must be paid from the [water distribution fund] account provided for [such] the district in NRS 533.290; but the total annual per diem, travel and subsistence expenses of [such] the members for each district [shall] must not exceed $800. The state engineer may call such meetings of the board as in his opinion may be necessary and expedient.
Sec. 14. NRS 534.040 is hereby amended to read as follows:
534.040 1. Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of such basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the state engineer. The salaries of the well supervisor and his assistants shall be fixed by the state engineer.
2. The board of county commissioners shall levy a special tax annually, or at such time as the same is needed, upon all taxable property situated within the confines of the area so designated by the state engineer to come under the provisions of this chapter in such an amount as may be necessary to pay [such] those salaries, together with necessary expenses, including the compensation and other expenses of the state well drillers advisory board [in the event] if the money available from the license fees provided for in NRS 534.140 is not sufficient to pay [such] those costs; but in designated areas within which the use of ground water is predominantly for agricultural purposes [such levy shall] the levy must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user [shall] must be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge [shall be] is $1.
3. The salaries and expenses may be paid by the state engineer from the water distribution [fund provided in NRS 532.210] revolving account pending the levy and collection of the tax as provided in this section.
4. The proper officers of the county shall levy and collect [such] the special tax as other special taxes are levied and collected, and [such tax shall be] the tax is a lien upon the property.
5. The tax provided for, when collected, [shall] must be deposited with the state treasurer [in a fund in the state treasury which shall be designated as the Basin well fund. All claims against such fund in the state treasury shall be certified by the state engineer and approved by the state board of examiners. The state controller is authorized to draw his warrants therefor against such fund and the state treasurer shall pay the same.] for credit to the water distribution fund to be accounted for in basin well accounts.
6. Upon determination and certification by the state engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the ground water board and employing consultants or other help needed to fulfill its responsibilities, the state controller [shall transfer such] must transfer that amount to a separate operating [fund] account for that fiscal year for such ground water basin.
κ1979 Statutes of Nevada, Page 669 (CHAPTER 386, SB 332)κ
purpose of paying the per diem and travel allowances of the ground water board and employing consultants or other help needed to fulfill its responsibilities, the state controller [shall transfer such] must transfer that amount to a separate operating [fund] account for that fiscal year for such ground water basin. [in the state treasury.] Claims against [such fund shall] the account must be approved by the ground water board and paid as other claims against the state are paid.
Sec. 15. NRS 534.060 is hereby amended to read as follows:
534.060 1. During the sinking or boring of a well the permittee shall cause to be placed in [such] the well a proper and sufficient casing approved by the state engineer, so arranged as to prevent the caving in of [such] the well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, which casing must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of the well.
2. The number, size, type and distribution of perforations is optional with the permittee, except that no perforations [shall] may be made in a pipe tapping confined (artesian) water above the confining impervious materials.
3. The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from [such] the well and prevent the loss of underground water above or below the ground surface.
4. If in the judgment of the state engineer a well is in any manner defective he may order the owner to repair the well or, in his discretion, may cause the well to be repaired or sealed. If the state engineer elects to repair or seal the well, the cost of repairing or sealing the well [shall] must be paid from the water distribution [fund and shall] account and must not be charged to the owner of the well or be a lien on the land upon which the well is located or on other land of the owner to which water from the well is appurtenant.
5. If the state engineer orders the owner to repair the well and if upon 15 days written notice by registered or certified mail, return receipt requested, the owner fails to repair such well, the state engineer or his assistants or authorized agents may, without further notice, take such steps as may be necessary to effect such repairs. The cost thereof, including the labor and material, may in the first instance be paid by the state engineer from the water distribution [fund, as provided in NRS 534.040;] revolving account; but any such cost in any event [shall be] is a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.
6. The state engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when [such] the work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein [such] the charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if [such person shall neglect] that person neglects for 30 days thereafter to pay [the same, such] it, the bill and costs [shall be and] become a lien upon the lands and property of the person so liable for the payment of the bill, and [shall] must be collected as delinquent taxes against the lands and property are collected.
κ1979 Statutes of Nevada, Page 670 (CHAPTER 386, SB 332)κ
be and] become a lien upon the lands and property of the person so liable for the payment of the bill, and [shall] must be collected as delinquent taxes against the lands and property are collected.
Sec. 16. NRS 535.050 is hereby amended to read as follows:
535.050 1. The state engineer [shall have] has the right, power and authority to order the removal of any dam, diversion works or obstruction that has been placed in any stream channel or watercourse when [such] the dam, diversion works or obstruction has not been legally established and recognized through a valid claim of vested right, by decree of court or by a permit issued by the State of Nevada.
2. Nothing in this section [shall] is to be construed as giving the state engineer any right or authority to remove any dam or diversion works that has been so legally recognized and established.
3. If the dam, diversion works or obstruction has not been removed after 30 days notice in writing given by the state engineer and served upon the owner or person controlling [such] the dam, diversion works or obstruction, or if no appeal has been taken from the order of the state engineer as is provided for in NRS 533.450, then the state engineer may remove [such] the dam, diversion works or obstruction.
4. The state engineer shall charge the actual cost of [such] that removal to the water distribution [fund of the proper district as provided in NRS 533.290,] account and thereafter present an itemized statement of [such] the charge to the board of county commissioners of the county wherein [such] those expenses were incurred. The board of county commissioners shall thereupon present a bill for the expenses to the person liable therefor under this section, and if [such person shall neglect] that person neglects for 30 days thereafter to pay [the same, such] it, the bill and costs [shall be and] become a lien upon the lands and property of the person so liable for the payment of the bill, and [shall] must be collected as delinquent taxes against the lands and property are collected.
Sec. 17. NRS 536.030 is hereby amended to read as follows:
536.030 [In the event of the neglect or refusal of] If any person neglects or refuses to install the headgate, measuring device or flume, as required by NRS 536.010, the state engineer may, in his discretion, install [such] the headgate, measuring device or flume, as the case may be, and in the first instance charge the actual cost thereof to the water distribution [fund of the proper district provided in NRS 533.290,] account and thereafter present an itemized statement of [such] the charge to the board of county commissioners of the county wherein the charge and expenses were incurred. The board of county commissioners shall thereupon present a bill for the expenses to the person liable therefor under NRS 536.010 to 536.030, inclusive, and if [such person shall neglect] that person neglects for 30 days thereafter to pay [the same, such] it, the bill and costs [shall be and] become a lien upon the lands and property of the the person so liable for the payment of the bill, and [shall] must be collected as delinquent taxes against [such] the lands and property are collected.
Sec. 18. Sections 1 to 5, inclusive, of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 671κ
Senate Bill No. 386Committee on Commerce and Labor
CHAPTER 387
AN ACT relating to public utility regulation; limiting what is considered a utility facility for purposes of the Utility Environmental Protection Act; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.860 is hereby amended to read as follows:
704.860 Utility facility means:
1. Electric generating plants and their associated facilities;
2. Electric transmission lines and [their associated facilities of a designed capacity of 60 kilovolts] transmission substations designed to operate at 200 kilovolts or more, and not [subject to undergrounding by local ordinances] required by local ordinance to be placed underground when constructed outside any incorporated city;
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city;
4. Telephone, telegraph and CATV equipment buildings, their associated facilities and the sites thereof [;] , when constructed outside any incorporated city;
5. Water storage and transmission facilities; and
6. Sewer transmission and treatment facilities.
________
Senate Bill No. 410Senator Keith Ashworth (by request)
CHAPTER 388
AN ACT relating to the Public Accountancy Law; clarifying provisions relating to membership on the Nevada state board of accountancy, to the registration of corporations and partnerships, and to the qualifications of applicants for certification; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 628.045 is hereby amended to read as follows:
628.045 1. The governor shall appoint [:
(a) Five members who are certified public accountants in the State of Nevada.
(b) Two members who are registered public accountants in the State of Nevada.
2. On and after April 1, 1978, the board shall consist of] six members who are certified public accountants in the State of Nevada and one member who is a registered public accountant [.] in the State of Nevada.
κ1979 Statutes of Nevada, Page 672 (CHAPTER 388, SB 410)κ
[3.] 2. Whenever the total number of practicing public accountants registered is 10 or [less,] fewer, the board shall consist of six certified public accountant members and the registered public accountant member until his term of office expires. Thereafter, the board shall consist of seven members who are certified public accountants.
[4.] 3. No person may be appointed to the board unless he is:
(a) Engaged in active practice as a certified public accountant or registered public accountant; and
(b) A resident of the State of Nevada.
[5.] 4. If there are no public accountants who are eligible and willing to serve as members of the board, a certified public accountant may be appointed to fill a vacancy.
Sec. 2. NRS 628.230 is hereby amended to read as follows:
628.230 The examinations described in [subsection 5 of] NRS 628.190 [shall] must be conducted by the board and [shall] take place as often as the board [shall determine to be] finds desirable, but not less frequently than once each year. The board may make such use of all or any part of the Uniform Certified Public Accountants Examination and Advisory Grading Service as it deems appropriate to assist it in performing its duties hereunder.
Sec. 3. NRS 628.250 is hereby amended to read as follows:
628.250 A candidate for the certificate of certified public accountant who has successfully completed the examination [under subsection 5 of] required by NRS 628.190 [shall have] has no status as a certified public accountant [unless and] until he has the requisite experience and has received his certificate as a certified public accountant.
Sec. 4. NRS 628.260 is hereby amended to read as follows:
628.260 1. The board may by regulation prescribe the terms and conditions under which a candidate:
(a) [Shall] Must pass an examination in the subjects indicated in [subsection 5 of] NRS 628.190.
(b) Who passes the examination in two or more subjects or in the subject of accounting practice alone [shall have the right to] may be reexamined in the remaining subject or subjects only, at subsequent examinations held by the board, and if he passes in the remaining subject or subjects within a period of time specified in the [rules] regulations of the board, he [shall] will be considered to have passed the examination.
2. The board may give credit to a candidate who has passed all or part of the examination in another state or territory, if the certified public accountant members of the board determine that the standards under which the examination was held are as high as the standards established for the examination [in] required by this chapter.
Sec. 5. NRS 628.270 is hereby amended to read as follows:
628.270 In general, the applicable educational and experience requirements under NRS 628.200 [shall be] are those in effect on the date [of examination by] on which the candidate successfully completes his examination under [subsection 5 of] NRS 628.190; but the board may provide by regulation for exceptions to the general rule in order to prevent what it determines to be undue hardship to candidates resulting from changes in the educational and experience requirements as provided by law prior to April 21, 1971.
κ1979 Statutes of Nevada, Page 673 (CHAPTER 388, SB 410)κ
order to prevent what it determines to be undue hardship to candidates resulting from changes in the educational and experience requirements as provided by law prior to April 21, 1971.
Sec. 6. NRS 628.280 is hereby amended to read as follows:
628.280 1. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board [not in excess of] of not more than $50 for the initial examination provided for in [subsection 5 of] NRS 628.190.
2. Fees for reexaminations under [subsection 5 of] NRS 628.190 [shall] must also be charged by the board in amounts determined by it, but [not in excess of] the board may not charge more than $30 for each subject in which the candidate is reexamined.
3. The applicable fee [shall] must be paid by the candidate at the time he applies for examination or reexamination.
4. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board [not in excess of] of not more than $25 for review and inspection of his examination paper.
Sec. 7. NRS 628.310 is hereby amended to read as follows:
628.310 The board may, in its discretion, waive the examination under [subsection 5 of] NRS 628.190, and may issue a certificate as a certified public accountant to any person possessing the qualifications specified in subsections 1 [,] and 2 [and 3] of NRS 628.190, and what the board determines to be substantially the equivalent of the applicable qualifications under subsections 3 and 4 [and 5] of NRS 628.190, who is the holder of a certificate as a certified public accountant then in [full force and] effect issued under the laws of any state, or is the holder of a certificate, license or degree in a foreign country constituting a recognized qualification for the practice of public accounting in such country, comparable to that of a certified public accountant of this state, which is then in [full force and] effect.
Sec. 8. NRS 628.340 is hereby amended to read as follows:
628.340 1. A partnership [or professional corporation] engaged in this state in the practice of public accounting shall register with the board as a partnership of certified public accountants and [shall] meet the following requirements:
(a) At least one general partner [or shareholder thereof] must be a certified public accountant of this state in good standing.
(b) Each partner [or shareholder thereof] personally engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant of this state in good standing.
(c) Each partner [or shareholder thereof] must be a certified public accountant of some state in good standing.
(d) Each resident manager in charge of an office of the firm in this state must be a certified public accountant of this state in good standing.
2. A corporation organized for the practice of public accounting shall register with the board as a corporation of certified public accountants provided it meets the following requirements:
(a) The sole purpose and business of the corporation [shall] must be to furnish to the public services not inconsistent with [the Public Accountancy Act] this chapter or the regulations of the board; but the corporation may invest its [funds] money in a manner not incompatible with the practice of public accounting.
κ1979 Statutes of Nevada, Page 674 (CHAPTER 388, SB 410)κ
Accountancy Act] this chapter or the regulations of the board; but the corporation may invest its [funds] money in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation [shall] must be a certified public accountant of some state in good standing, and [shall] be principally employed by the corporation or actively engaged in its business. No other person [shall] may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation [shall] must be a certified public accountant of some state in good standing.
(c) At least one shareholder of the corporation [shall] must be a certified public accountant of this state in good standing.
(d) Each resident manager in charge of an office of the corporation in this state and each shareholder or director personally engaged within this state in the practice of public accounting [shall] must be a certified public accountant of this state in good standing.
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there [shall] must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(f) The corporation shall [be in compliance with such] comply with other regulations pertaining to corporations practicing public accounting in this state [as] adopted by the board. [may prescribe.]
3. Application for registration must be made upon the affidavit of a general partner or shareholder who is a certified public accountant of this state in good standing. The board shall in each case determine whether the applicant is eligible for registration. A partnership or corporation which is so registered and which holds a permit issued under NRS 628.380 may use the words certified public accountants or the abbreviation C.P.A.s in connection with its partnership or corporate name. [Notification shall be given] Notice must be given to the board within 1 month after the admission to or withdrawal of a partner or shareholder from any partnership or corporation so registered.
Sec. 9. NRS 628.360 is hereby amended to read as follows:
628.360 1. A partnership [or corporation] engaged in this state in the practice of public accounting shall register with the board as a partnership of public accountants and [shall] meet the following requirements:
(a) At least one general partner thereof must be a certified public accountant or a public accountant of this state in good standing.
(b) Each partner thereof personally engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant or a public accountant of this state in good standing.
(c) Each resident manager in charge of an office of a firm in this state must be a certified public accountant or a public accountant of this state in good standing.
κ1979 Statutes of Nevada, Page 675 (CHAPTER 388, SB 410)κ
2. A corporation organized for the practice of public accounting [shall] must register with the board as a corporation of public accountants provided it meets the following requirements:
(a) The sole purpose and business of the corporation [shall] must be to furnish to the public services not inconsistent with [the Public Accountancy Act] this chapter or the regulations of the board; but the corporation may invest its funds in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation [shall] must be a certified public accountant in any state or a public accountant of this state in good standing, and [shall] be principally employed by the corporation or actively engaged in its business. No other person [shall] may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation [shall] must be a certified public accountant or public accountant of this state in good standing.
(c) Each resident manager in charge of an office of the corporation in this state [shall] must be a certified public accountant or a public accountant of this state in good standing.
(d) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there [shall] must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(e) The corporation shall [be incompliance with such] comply with other regulations pertaining to corporations practicing public accounting in this state [as] adopted by the board. [may prescribe.]
3. Application for registration must be made upon the affidavit of a general partner or shareholder who holds a permit to practice in this state as a certified public accountant or as a public accountant. The board shall in each case determine whether the applicant is eligible for registration. A partnership or corporation which is so registered and which holds a permit issued under NRS 628.380 may use the words public accountants in connection with its partnership or corporate name. [Notification shall be given] Notice must be given to the board, within 1 month, after the admission to or withdrawal of a partner or shareholder from any partnership or corporation so registered.
________
κ1979 Statutes of Nevada, Page 676κ
Senate Bill No. 389Committee on Commerce and Labor
CHAPTER 389
AN ACT relating to physicians; allowing the issuance of limited licenses to practice medicine to resident physicians in certain postgraduate programs of clinical training in hospitals; authorizing county hospitals to institute and maintain such programs; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.455 is hereby amended to read as follows:
450.455 A board of hospital trustees may institute and maintain training programs in the county hospital [an interne-training program which meets] for resident physicians, including interns and postgraduates. Such programs must meet the standards for recognition by the American Medical Association [.] and for accreditation by the Liaison Committee on Graduate Medical Education.
Sec. 2. Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may issue to a qualified applicant a limited license to practice medicine as a resident physician in a postgraduate program of clinical training if:
(a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Council of Foreign Medical Graduates and has received the standard certificate of the Educational Council of Foreign Medical Graduates; and
(b) The board approves the program of clinical training, and if the medical school or other institution sponsoring the program provides the board with written confirmation that the applicant has been appointed to a position in the program.
2. The board may issue such a limited license for not more than 1 year but may renew the license.
3. An applicant for such a license must pay an application fee of $25 to the board, and for any renewal of the license he must pay a fee of $10.
4. The holder of such a limited license may practice medicine only in connection with his duties as a resident physician and shall not engage in the private practice of medicine.
5. A limited license granted under the authority of this section may be revoked by the board at any time for reasons deemed sufficient by the board.
6. The board may adopt regulations to carry out the purpose of this section.
________
κ1979 Statutes of Nevada, Page 677κ
Senate Bill No. 432Senators Kosinski, Don Ashworth, Echols, Faiss, Gibson, Glaser, Hernstadt, Jacobsen, Lamb, Neal, Raggio, Sloan and Wilson
CHAPTER 390
AN ACT relating to hunting and fishing licenses, tags and permits; requiring issuance without charge of hunting and fishing licenses to veterans who have a 50 percent or more service-connected disability; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.072 is hereby amended to read as follows:
502.072 The department shall issue without charge any license authorized under the provisions of this chapter, upon satisfactory proof of the requisite facts to any actual bona fide resident of the State of Nevada who has incurred a service-connected disability [of the kind described in 38 U.S.C. § 801 as effective on the date when the exemption is claimed,] which is considered to be 50 percent or more by the United States Veterans Administration and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.
Sec. 2. This act shall become effective on January 1, 1980.
________
Senate Bill No. 253Senator Blakemore
CHAPTER 391
AN ACT relating to electricity; providing specifically for the issuance of revenue bonds by counties or projects for the generation of electricity; requiring certain payments in lieu of taxes; and providing other matters properly relating thereto.
[Approved May 17, 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 the provisions set forth as sections 1.5 to 13, inclusive, of this act.
Sec. 1.5. Capacity, as used of a project for the generation and transmission of electricity, means the capability of the project to generate electricity, and is measured in units of electrical power.
Sec. 2. 1. A county which acquired or which contemplates acquiring a project for the generation and transmission of electricity may sell all or part of its capacity and may charge for the use of its transmitting facilities, and for this purpose may contract with one or more purchasers, but the amount sold or charged to any purchaser or any combination thereof must not exceed the amount allowable under the Internal Revenue Code of 1954, as amended, or the United States Treasury Regulations prescribed thereunder so as to result in a change in or loss of the exemption from federal income tax for the interest paid, or to be paid, on any bonds issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project.
κ1979 Statutes of Nevada, Page 678 (CHAPTER 391, SB 253)κ
from federal income tax for the interest paid, or to be paid, on any bonds issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project.
2. If a county decides to sell capacity of the project after the expiration of all of the initial contracts for such sale, it shall give a first right of refusal to electric utilities which primarily serve retail customers in this state to purchase that capacity. No right of first refusal arises at any time by virtue of this section if and to the extent that, under the Internal Revenue Code and regulations prescribed thereunder as they exist at that time, such a right of first refusal would or could result in a change in or loss of the exemption from federal income tax for the interest paid or to be paid on any bonds issued or to be issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project.
Sec. 3. 1. If a county determines, in the proceedings or an agreement with respect to the first issuance of bonds for the purpose of financing a portion of the cost of a project for the generation and transmission of electricity, subsequently to issue additional bonds to finance the costs of the project, the cost of any improvements to the project which are necessary to meet the requirements of any governmental authority, and the costs of any replacements in the project occasioned by damage to, or the destruction or taking of, all or any part of the project, then the county is obligated, and it is the duty of the board of county commissioners or other appropriate officers, to sell and issue such additional bonds from time to time as may be necessary if:
(a) All conditions to their issuance contained in any contractual arrangement between the county and a lessee, purchaser or other obligor have been satisfied; and
(b) The terms of the bonds to be issued do not violate any law of this state in effect at the time of passage of the resolution authorizing the issuance of the bonds.
2. The requirements of NRS 244.9199 and 244.920 do not apply to the issuance of bonds pursuant to this section.
Sec. 4. A county may issue bonds to finance solely the costs of studies, surveys and options with respect to a project for the generation and transmission of electricity. Before doing so, the county shall arrange for the repayment of those costs under an agreement or agreements which may provide for the purchase by the obligor or obligors thereunder of the studies, surveys and options through payments sufficient to pay the principal of and interest on the bonds issued to finance those costs if and to the extent the principal of and interest on such bonds are not paid from the proceeds of additional bonds issued to finance the remaining costs of the project. If the obligor or obligors decide that the project is not feasible, they shall pay the costs of the studies, surveys and options within 1 year. Such agreements may also include a commitment or agreement by the county to enter into contracts at a later date for the sale of all or part of the capacity of the project to or for the use of the transmitting facilities of the project by the obligors and for the construction and operation of such project by one or more purchasers of capacity of the project. The terms and provisions of such contracts to be executed at a later date must be approved by the board of county commissioners at the time of or before the first issuance of bonds.
κ1979 Statutes of Nevada, Page 679 (CHAPTER 391, SB 253)κ
at a later date must be approved by the board of county commissioners at the time of or before the first issuance of bonds.
Sec. 5. 1. If a project is for the generation and transmission of electricity, payments must be made as provided in this section:
(a) In lieu of ad valorem taxes on property owned by the county; and
(b) In lieu of the sales and use tax, local school support tax and city-county relief tax on tangible personal property purchased or used.
2. The payments in lieu of taxes specified in paragraph (b) of subsection 1 must be paid on any incident of sale, use, storage or other consumption of property which, pursuant to the Sales and Use Tax Act, Local School Support Tax Law or an ordinance or ordinances adopted pursuant to the City-County Relief Tax Law, would be taxable if the exemptions for counties contained, respectively, in NRS 372.325 and 374.330 were not applicable. No such payment applies to any incident previously subjected to a sales or use tax. Except as otherwise provided in this section and except to the extent that they would be inconsistent with the provisions of this section, the provisions of the Sales and Use Tax Act, Local School Support Tax Law, the City-County Relief Tax Law, any ordinance or ordinances adopted pursuant thereto, the Multistate Tax Compact and other laws of the state dealing with taxes on the sale or use of tangible personal property govern the collection, payment, method of protest, exemptions and other matters relating to the payments required in lieu of these taxes.
3. The payments in lieu of ad valorem taxes must be made to the taxing entity or entities, including the state, within which the project or any part thereof is located, and the amount of such payments must equal the ad valorem taxes that would have been payable were the project subject to ad valorem taxation and to assessment pursuant to NRS 361.320. This section does not preclude the legislature from changing the method of assessment or allocation of payments in lieu of ad valorem taxes. The due date of payments in lieu of ad valorem taxes to a particular taxing entity and the tax rate with respect to the portion of the project located in such entity must be determined in the same manner as for property which is subject to ad valorem taxation by that taxing entity.
4. The county shall, in the agreement with each purchaser of capacity require that the purchaser, or all of them collectively, make timely payments, whether or not the capacity is taken or available, sufficient in time and amount, to the extent that such payments are not otherwise provided for from bond proceeds or other funds specifically made available therefor, to provide for the payments in lieu of taxes required by this section. The agreements must provide the method of determining the amount of such payments to be made by each such purchaser.
5. The payments in lieu of taxes required by this section during the construction of the project are the responsibility of the participant who, pursuant to subsection 2 of NRS 244.9215, is constructing the project and the payments in lieu of taxes during the period of operation of the project are the responsibility of the participant who, pursuant to that subsection, is operating the project. The responsibility of making such payments is limited to the extent that there is legally available to the responsible participant, from the payments, proceeds or other funds mentioned in subsection 4, money to make such payments and the obligation of such participant or participants to make such payments in lieu of taxes is not a general obligation or liability of the responsible participant.
κ1979 Statutes of Nevada, Page 680 (CHAPTER 391, SB 253)κ
mentioned in subsection 4, money to make such payments and the obligation of such participant or participants to make such payments in lieu of taxes is not a general obligation or liability of the responsible participant. Such participant or participants are required to take appropriate action to enforce the obligation, provided for in subsection 4, of the participants in the project. A payment in lieu of taxes shall not be made to the extent that the making of the payment would cause a deficiency in the money available to the county to make required payments of principal of, premium, if any, or interest on any bonds issued by the county to finance the project or to make required payments to any funds established under the proceedings under which such bonds were issued and secured. No lien attaches upon any property or money of the county or any property or money of the participant or participants mentioned in the first sentence of this subsection by virtue of any failure to pay all or any part of any in lieu of taxes. The participant or participants constructing or operating the project or any other participant in the project may contest the validity of any payment in lieu of a tax to the same extent as if such payment were a payment of the tax itself. The payments in lieu of taxes must be reduced if and to the extent that such contest is successful.
6. So long as a purchaser of capacity of the project is required to make payments pursuant to subsection 4, that purchaser is not required to make any payment of tax pursuant to NRS 361.157 or 361.159 in respect of its interest or rights in that project.
7. The obligations to make payments in lieu of taxes required by this section do not constitute a debt or indebtedness of the county and do not constitute or give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers.
Sec. 6. Any lessee, purchaser, obligor, trustee or other representative of bondholders or any other interested party is entitled as of right to the enforcement of the obligations, if any, of the county to sell and issue additional bonds to finance the remaining costs of acquiring, improving, and equipping a project, or to contract for the sale of the capacity of the project or for the construction and operation of a project, by mandamus or other suit, action or proceeding at law or in equity to compel the county, its board of county commissioners or other appropriate officers to perform those obligations.
Sec. 7. The faith of the state is hereby pledged that NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act, will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a county to acquire, finance, improve and equip a project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the county to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provision for their payment and redemption has been fully made.
Sec. 8. The board of county commissioners may enter into any contract, lease or other agreement or transaction appropriate to carry out the provisions of NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act even though it extends beyond their terms of office, without setting forth in detail in any notice the proposed terms or conditions thereof.
κ1979 Statutes of Nevada, Page 681 (CHAPTER 391, SB 253)κ
13, inclusive, of this act even though it extends beyond their terms of office, without setting forth in detail in any notice the proposed terms or conditions thereof.
Sec. 9. 1. A county which undertakes a project for the generation and transmission of electricity shall provide in financing agreements for the project or in the contracts for the sale of capacity of the project, and contracts for participation in ownership of the project, if any, for the establishment of a management committee. The committee must be composed of voting members, each of whom represents one or more purchasers of capacity or participating owners of an undivided interest in the project, and three nonvoting representatives of the county, appointed by the board of county commissioners. Each voting member is entitled to a vote equal to the total entitlement to capacity of the participant or participants represented by that member. The agreements or contracts must fix the numbers of voting members and the manner of their appointment.
2. Action may be taken by the committee upon an affirmative vote of voting members representing owner-participants and purchaser-participants entitled to, in the aggregate, not less than 80 percent of the capacity of the project. The management committee shall exercise general supervision of the construction and operation of the project, including the approval of all major contracts and other major matters relating to construction and operation of the project. These include, without limitation, contracts and matters relating to the acquisition of resources, facilities and supplies, including rights thereto, for fuel, transportation of fuel, and water for the project.
3. The generating facilities of such project must be designed by a nationally recognized architectural and engineering firm of favorable reputation selected by the management committee. Unless otherwise provided for by the management committee, all materials and construction for the project shall be competitively bid upon terms determined by the management committee.
4. All other matters relating to the powers, duties, organization and operation of such committee must be provided by the financing agreements or contracts.
Sec. 10. 1. A county shall not commence the construction of a project for the generation and transmission of electricity to be financed pursuant to NRS 244.9191 to 244.9219, inclusive and sections 1.5 to 13, inclusive, of this act until the legislature approves the project in general terms and fixes the limit of the capacity of its generating facilities. After a project is originally so approved, no further legislative approval is required except the addition of generating facilities. For the purposes of this subsection, construction is commenced when excavation is begun for the foundations of a unit for the generation of electricity.
2. Approval by the legislature does not preempt the authority of any state regulatory agency, including without limitation the public service commission of Nevada, the state environmental commission and the state department of conservation and natural resources. The county shall determine, with the concurrence of the management committee, the capacity of the project to generate electricity, within the limit fixed by the legislature.
κ1979 Statutes of Nevada, Page 682 (CHAPTER 391, SB 253)κ
of the project to generate electricity, within the limit fixed by the legislature. This determination must be made before the county applies to the public service commission for a permit to construct any generating unit.
Sec. 11. Except in the case of a project with respect to which participation rights or rights of first refusal to purchase capacity have already been granted under contracts in effect on the effective date of this act, utilities which primarily serve retail customers in this state are entitled to participate, as coowners of the project or as purchasers from the county of parts of the capacity of the project, in an amount equal in the aggregate to at least 50 percent of the total capacity of any project for the generation and transmission of electricity financed wholly or in part pursuant to NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act. These participation rights include participation by these utilities purchasers of capacity from the county up to the full extent allowable under the Internal Revenue Code and regulations prescribed thereunder without resulting in a change in or loss of the exemption from federal income tax for the interest paid, or to be paid, on any bonds issued by the county to finance its costs of the project.
Sec. 12. 1. If utilities which primarily serve retail customers in this state participate in a project as purchasers of capacity from the county in an aggregate amount which is less than the amount allowable under the Internal Revenue Code and regulations prescribed thereunder, then those utilities are entitled, if so determined by the public service commission in its proceedings granting a construction permit for the project, to recapture from amounts of capacity sold to out-of-state utilities additional amounts of capacity up to the amount allowable under the Internal Revenue Code and regulations, subject to the limitations provided in this section.
2. The exercise of the right of recapture must not result in the purchase from the county of more than the sum of:
(a) Twenty-five percent of the capacity of the project attributable to the countys ownership of the project; and
(b) The aggregate of the capacity purchased from the county by utilities which primarily serve retail customers in this state and participate to the extent of 3 percent or less as purchasers of capacity.
The right of recapture does not include any amount of capacity which if added to the total amount of capacity then being purchased from the county by all utilities which primarily serve retail customers in this state, would constitute a percentage of capacity exceeding the total percentage of the payment obligations undertaken by all those utilities pursuant to the study agreements for the project provided for by section 4 of this act.
3. Any such recapture of capacity is subject to compliance with the following terms and conditions:
(a) Recapture must be made from each out-of-state utility in the proportion that the out-of-state utilitys then-current entitlement to capacity from the project bears to the total entitlement to capacity from the project of all such out-of-state utilities under their contracts with the county for the purchase of capacity of the project.
(b) Recapture takes place:
(1) Fifteen days after written notice has been given by the Nevada utility to the out-of-state utility that it intends to exercise its right of recapture for an amount of capacity specified in the notice if such notice is given within 90 days following the execution of contracts for the purchase of capacity a portion of which is to be recaptured.
κ1979 Statutes of Nevada, Page 683 (CHAPTER 391, SB 253)κ
utility to the out-of-state utility that it intends to exercise its right of recapture for an amount of capacity specified in the notice if such notice is given within 90 days following the execution of contracts for the purchase of capacity a portion of which is to be recaptured.
(2) Ten years after written notice has been given by the Nevada utility to the out-of-state utilities that it intends to exercise its right of recapture for an amount of capacity specified in the notice, if such notice is given after the first day of commercial operation of the first generating unit of the project.
(3) Ten years after the first day of commercial operation of the first generating unit of the project, if such a notice is given prior to that date.
(c) The public service commission must render a written decision to the effect that the Nevada utility has a need for the capacity to be recaptured and will be able to meet the financial obligations with respect thereto under the contract with the county for the purchase of capacity of the project. The public service commission shall render its decision within 180 days after the filing of the application therefor and the application must be filed at or about the time of giving of the written notice specified in paragraph (b).
(d) The Nevada utility must not at the time of the giving of the written notice specified in paragraph (b) be in default under its contract for participation or under any other contract or agreement by which it is bound except insofar as it may be contesting in good faith the existence of a default.
(e) On or before the date of giving the notice specified in paragraph (b), the Nevada utility and the county must enter into an appropriate amendment to its contract for the purchase of capacity of the project. The amendment is subject to approval by the public service commission to the same extent as an original contract would be if executed on the date of the amendment. The public service commission shall approve or disapprove the amendment within 180 days after the filing of the application therefor and the application must be filed at or about the time of giving of the written notice specified in paragraph (b). The amendment must provide for an increase in the amount of capacity to which the Nevada utility is entitled by the amount of capacity so recaptured and in the payments to be made by the Nevada utility by an amount attributable to the capacity so recaptured. Upon any such recapture, the contracts between the out-of-state utilities and the county providing for the purchase by those utilities of capacity of the project shall be deemed amended to reduce the capacity to which each out-of-state utility is entitled by the amount recaptured from it and the payments to be made by that utility by an amount attributable to the recaptured capacity.
4. No right to recapture capacity exists at any time by virtue of this section, nor may capacity be recaptured at any time pursuant to this section or by contract, if and to the extent that, under the Internal Revenue Code and regulations prescribed thereunder at that time, such recapture would or could result in a change in or loss of the exemption from federal income tax for the interest paid, or to be paid, on any bonds issued or to be issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project.
κ1979 Statutes of Nevada, Page 684 (CHAPTER 391, SB 253)κ
Sec. 13. If the capacity of a project for the generation and transmission of electricity is made available to utilities which primarily serve retail customers in this state and to out-of-state utilities, those out-of-state participants must commit themselves to allow those Nevada utilities to participate, if and to the extent legally possible, in available major future capacity, excluding generation by water power, available to the out-of-state participants to the same extent in the aggregate that the out-of-state participants have participated in capacity from the project in this state.
Sec. 14. NRS 244.9191 is hereby amended to read as follows:
244.9191 NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act may be cited as the County Economic Development Revenue Bond Law.
Sec. 15. NRS 244.91948 is hereby amended to read as follows:
244.91948 Financing agreement means [an] :
1. An agreement [pursuant to] by which the county agrees to issue bonds pursuant to NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act to finance one or more projects and [pursuant to which] the obligor agrees to:
[1.] (a) Make payments (directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the county or the countys designee or assignee, including a trustee, pursuant to such financing agreement) sufficient to pay the principal of, premium, if any, and interest on the bonds;
[2.] (b) Pay other amounts required by NRS 244.9191 to 244.9219, inclusive [;] and sections 1.5 to 13, inclusive, of this act; and
[3.] (c) Comply with all other applicable provisions of NRS 244.9191 to 244.9219, inclusive [.] , and sections 1.5 to 13, inclusive, of this act; or
2. An agreement by which the county agrees to issue bonds to finance solely the costs of studies, surveys and options and the obligor or obligors undertake one or more of the obligations described in section 4 of this act.
Sec. 16. NRS 244.9196 is hereby amended to read as follows:
244.9196 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial, warehousing or research and development enterprises.
2. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
κ1979 Statutes of Nevada, Page 685 (CHAPTER 391, SB 253)κ
(b) In connection with furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with furnishing of energy or gas.
3. Any undertaking by a public utility, in addition to that allowed by subsection 2, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
4. In addition to the kinds of property described in subsection 2, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including without limitation any leases and any rights to take water or fuel.
Sec. 17. NRS 244.9197 is hereby amended to read as follows:
244.9197 1. It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to the end that such counties may be able to promote industry and develop trade by including manufacturing, industrial, warehousing and research and development enterprises to locate in, remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such counties with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize counties to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public, in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability. This purpose includes the furnishing of electricity and the provision of facilities to transmit electricity for sale outside the state if its generation promotes industry, commerce or employment within the state.
3. It is not intended hereby that any county shall itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
4. No county may by virtue of NRS 244.9191 to 244.9219, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same.
κ1979 Statutes of Nevada, Page 686 (CHAPTER 391, SB 253)κ
5. NRS 244.9191 to 244.9219, inclusive, shall be liberally construed in conformity with this declaration of purpose.
Sec. 18. NRS 244.9198 is hereby amended to read as follows:
244.9198 In addition to any other powers, [which it may now have,] each county [shall have] has the following powers:
1. To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease or any one or more of such methods, and to improve and equip one or more projects or parts thereof, which [shall] except as otherwise provided in this subsection must be located within this state, and which may be located within or partially within [such] that county. If a project is for the generation and transmission of electricity and the county deems is necessary:
(a) To connect the project with facilities located outside this state, transmitting facilities necessary for that interconnection may be located outside this state, but financing for those transmitting facilities must be limited to the amount necessary to interconnect the project with the nearest compatible transmitting facility of the participant in the project with which the connection is to be made.
(b) To acquire or develop fuel or water or rights thereto, or to transport fuel or water from outside the county or state, the necessary facilities, fuel, water or rights thereto may be located wholly outside the county or outside the state.
Any water rights for such a project to be obtained by appropriation may only be appropriated within the boundaries of the county within which the generating facility is located, unless the board of county commissioners of another county approves the appropriation within its boundaries for that purpose.
2. To finance, sell, lease or otherwise dispose of any or all its projects upon such terms and conditions as the board considers advisable.
` 3. To issue revenue bonds for the purpose of financing or defraying all or any portion of the cost of acquiring, improving and equipping any project as set forth in NRS 244.9213.
4. To secure payment of such bonds as provided in NRS 244.9191 to 244.9219, inclusive [.] , and sections 1.5 to 13, inclusive, of this act.
5. If a project is for the generation and transmission of electricity, to own the project in its entirety or an undivided interest in the project with one or more other owners, and to enter into agreements with respect to any matters relating to common ownership of the project, including without limitation matters relating to the ownership, acquisition, construction, improvement, equipping, financing, operation and maintenance of the project.
6. To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise [implement] carry out the provisions of NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the board and which [shall] become effective upon adoption [.] unless otherwise specified in the resolution.
Sec. 19. NRS 244.9199 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 687 (CHAPTER 391, SB 253)κ
244.9199 [Before] Except as otherwise provided in section 3 of this act, before availing itself of the powers conferred by NRS 244.9198 or section 2 or 3 of this act with respect to any project, a board of county commissioners shall:
1. Give notice of its intention by publication at least once in a newspaper of general circulation published in the county, or if there is no such newspaper then in a newspaper of general circulation in the county published in the state; and
2. Hold at least one public hearing, not less than 10 nor more than 20 days after the date of publication of the notice.
Sec. 20. NRS 244.920 is hereby amended to read as follows:
244.920 1. [After holding a] Except as otherwise provided in section 3 of this act, after holding the required public hearing, [as provided in NRS 244.9199,] the board of county commissioners shall proceed no further unless or until [by resolution] it:
(a) [Determines] Except as otherwise provided in subsection 2, determines by resolution 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;
(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, or then has in effect, a rating within one of the top four rating categories of either Moodys Investor Service, Inc. or Standard and Poors Corporation, except that a municipal or other public supplier of electricity in this state or a public utility regulated by the public service commission of Nevada is not required to furnish that evidence; [and]
(d) Determines by resolution 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 [.] ; and
(e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244.9197 and specifies in the resolution its findings supporting that determination.
2. If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.
3. The board may refuse to [proceed with] adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to [proceed with] adopt such a resolution with respect to 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.
κ1979 Statutes of Nevada, Page 688 (CHAPTER 391, SB 253)κ
with respect to 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 [the] this approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.
[3.] 4. If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or 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.
Sec. 21. NRS 244.9202 is hereby amended to read as follows:
244.9202 1. The bonds shall:
(a) Be authorized by resolution;
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their respective dates;
(e) Bear such interest at a rate or rates not exceeding 12 percent per annum;
(f) Be in such form;
(g) Carry such registration privileges;
(h) Be executed in such manner, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which manual signature may be either an official of the county or an officer of the trustee authenticating the same;
(i) Be payable at such place or places within or without the state; and
(j) Be subject to such terms of redemption,
as the authorizing resolution may provide.
2. [The] Except as otherwise provided in this subsection 2, the bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, shall determine. In the case of a project for the generation and transmission of electricity, the determination with respect to the manner of sale of the bonds must be made in the best interest of the participants, upon the recommendation and with the concurrence of the management committee. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.
3. The bonds [shall be] are fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 22. NRS 244.9209 is hereby amended to read as follows:
244.9209 1. Prior to the initial leasing, sale or financing of any project, the board shall by resolution determine:
(a) The amount necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance such project and on any subsequent issues of bonds which may be permitted under the lease, sale or financing and authorizing resolutions pertinent to financings hereunder.
(b) The amount necessary to be paid each year into any reserve funds which the board may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
κ1979 Statutes of Nevada, Page 689 (CHAPTER 391, SB 253)κ
which the board may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
(c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased, sold or financed provide that the lessee, purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.
2. The determination and findings of the board, required to be made by subsection 1, shall be set forth in the resolution under which the proposed bonds are to be issued, but the foregoing amounts need not be expressed in dollars and cents in the lease, agreement of sale or financing agreement and the resolution under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas [.] , or if the project is for the generation and transmission of electricity, in any other form which provides a basis for determining the required amounts.
Sec. 23. NRS 244.921 is hereby amended to read as follows:
244.921 [Prior to the issuance of] Except as otherwise provided for bonds issued to finance preliminaries to or any costs connected with a project for the generation and transmission of electricity, before issuing any bonds authorized by NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act, the county shall lease, sell or finance the project under an agreement conditioned upon completion of the project and providing for payment to the county of such revenues as, upon the basis of such determinations and findings, will be sufficient to:
1. Pay the principal of and interest on the bonds issued to finance the project.
2. Build up and maintain any reserves deemed advisable by the board in connection therewith.
3. Pay the costs of maintaining the project in good repair and keeping it properly insured, unless the lease, agreement of sale or financing agreement obligates the lessee, purchaser or obligor to pay for the maintenance and insurance on the project.
Sec. 24. NRS 244.9213 is hereby amended to read as follows:
244.9213 1. The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.
2. The cost of acquiring, improving and equipping any project shall be deemed to include the actual cost of acquiring and improving a site or the cost of the construction of any part of a project which may have been constructed, plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project including without limitation:
(a) The cost of studies and surveys [;] , and the acquisition of options to purchase any real or personal property or interest therein;
(b) Plans, specifications, architectural and engineering costs;
(c) Legal, organization, marketing or other special services;
κ1979 Statutes of Nevada, Page 690 (CHAPTER 391, SB 253)κ
(d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;
(e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;
(f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;
(g) Acquisition of resources, facilities and supplies, including rights thereto, for fuel, fuel transportation and water;
(h) Working capital and reserves;
(i) An initial bond and interest reserve together with interest on bonds issued to finance such projects to a date 6 months subsequent to the estimated date of completion; and
[(h)] (j) All other necessary and incidental expenses [.] , including expenses incurred to assist in meeting the financial demands placed by a project upon the population of, or services furnished by, this state, a county, city or town, or any political subdivision, agency or district thereof or created thereby, and capital contributions made by the county to, or facilities provided by the county for the use of, any corporation or other legal entity to minimize pollution in the vicinity of the project, if that pollution relates to the simultaneous operations of the project and the corporation or other legal entity in those areas.
3. The authorization to expend money for the purposes listed in paragraph (g) of subsection 2 does not preempt the authority of any state regulatory agency which has jurisdiction over the resources, facilities or supplies to be acquired.
4. In establishing the budget to determine the rate of ad valorem taxation for a particular taxing entity for a fiscal year, the amount to be paid in that fiscal year by the county which owns or is financing a project, from the revenues of or the proceeds of bonds issued for the project, as assistance in meeting the financial demands placed by the project upon the people of or the services furnished by that taxing entity, must be offset against the expenditures to be made by the taxing entity in that fiscal year for those purposes.
Sec. 25. NRS 244.9215 is hereby amended to read as follows:
244.9215 1. When all principal of, interest on and any prior redemption premiums due in connection with the bonds issued for a project have been paid in full, and if an option to purchase or option to renew a lease, if any, contained in such lease has not been exercised as to all of the property contained in the project, the lease shall terminate and the county shall sell such remaining property or devote the same to county purposes other than those authorized by NRS 244.9191 to 244.9219, inclusive [.] , and sections 1.5 to 13, inclusive, of this act.
2. No county may operate any project as a business or in any other manner except as a lessor or seller thereof. If the project is for the generation and transmission of electricity, and the county retains ownership and sells the electricity generated or charges for the use of the transmitting facilities, the project must be constructed and operated by one or more of the purchasers of that electricity or users of the transmitting facilities pursuant to agreement with the county.
κ1979 Statutes of Nevada, Page 691 (CHAPTER 391, SB 253)κ
Sec. 26. NRS 244.9216 is hereby amended to read as follows:
244.9216 Pursuant to NRS 361.060, all property owned by a county pursuant to NRS 244.9191 to 244.9219, inclusive, [shall be and remain] and sections 1.5 to 13, inclusive, of this act is exempt from taxation. The lessee or purchaser shall pay [all] whatever taxes are assessed to him pursuant to NRS 361.157 and 361.159, and any obligor shall pay [all] whatever taxes are assessed to him in the same manner as any other taxpayer.
Sec. 27. NRS 244.9217 is hereby amended to read as follows:
244.9217 [No] 1. Except as otherwise provided in subsection 2, no land acquired by a county by the exercise of condemnation through eminent domain can be used for the project to effectuate the purposes of NRS 244.9191 to 244.9219, inclusive [.] , and sections 1.5 to 13, inclusive, of this act.
2. If the project is for the generation and transmission of electricity, the county financing the project may acquire land or rights of way for generating facilities within its own boundaries, and may acquire land or rights of way for transmission facilities or facilities for the production or transportation of fuel or water within or outside its boundaries, by the exercise of condemnation through eminent domain, unless the property to be acquired is owned or otherwise subject to use or control by public utilities within the state.
Sec. 28. NRS 244.9218 is hereby amended to read as follows:
244.9218 No action may be brought questioning the legality of any contract, lease, agreement, [of sale, financing agreement,] indenture, mortgage, resolution proceedings or bonds executed, adopted or taken in connection with any project or improvements authorized by NRS 244.9191 to 244.9219, inclusive, [from and] or sections 1.5 to 13, inclusive, of this act after 30 days from the effective date of that contract, lease, agreement, indenture, or mortgage or the resolution first authorizing the issuance of [such bonds.] those bonds, as the case may be.
Sec. 29. NRS 244.9219 is hereby amended to read as follows:
244.9219 1. NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act without reference to other statutes of the state, [shall] constitute full authority for the exercise of powers granted in [NRS 244.9191 to 244.9219, inclusive,] those sections, including but not limited to the authorization and issuance of bonds. [hereunder.]
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act to be done, shall be construed as applying to any proceedings taken under [NRS 244.9191 to 244.9219, inclusive,] those sections, or acts done pursuant to [NRS 244.9191 to 244.9219, inclusive,] those sections, except for laws to which reference is expressly made in [NRS 244.9191 to 244.9219, inclusive,] those sections or by necessary implication of [NRS 244.9191 to 244.9219, inclusive.] those sections.
3. The provisions of no other law, either general or local, except as provided in NRS 244.9191 to 244.9219, inclusive, [shall] and sections 1.5 to 13, inclusive, of this act apply to doing of the things authorized in [NRS 244.9191 to 244.9219, inclusive,] those sections to be done, and no board, agency, bureau, commission or official not designated in [NRS 244.9191 to 244.9219, inclusive, shall have] those sections has any authority or jurisdiction over the doing of any of the acts authorized in [NRS 244.9191 to 244.9219, inclusive,] those sections to be done, except [as] :
κ1979 Statutes of Nevada, Page 692 (CHAPTER 391, SB 253)κ
[NRS 244.9191 to 244.9219, inclusive,] those sections to be done, and no board, agency, bureau, commission or official not designated in [NRS 244.9191 to 244.9219, inclusive, shall have] those sections has any authority or jurisdiction over the doing of any of the acts authorized in [NRS 244.9191 to 244.9219, inclusive,] those sections to be done, except [as] :
(a) As otherwise provided in [NRS 244.9191 to 244.9219, inclusive.] those sections.
(b) That a project for the generation and transmission of electricity is subject to review and approval by the state regulatory agencies which have jurisdiction of the matters involved, including without limitation the public service commission, the state environmental commission and the state department of conservation and natural resources.
4. No notice, consent or approval by any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act, except as provided in [NRS 244.9191 to 244.9219, inclusive.] those sections.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the Statutes of Nevada or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244.9191 to 244.9219, inclusive [.] , and sections 1.5 to 13, inclusive, of this act.
6. Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act without the necessity of associating with any other person or entity as cofiduciary (but such association [shall not be hereby] is not prohibited). [, any other law, including NRS 662.245, to the contrary notwithstanding.]
7. The powers conferred by NRS 244.9191 to 244.9219, inclusive, [shall be] and sections 1.5 to 13, inclusive, of this act are in addition and supplemental to, and not in substitution for, and the limitations imposed by [NRS 244.9191 to 244.9219, inclusive, shall] those sections do not affect the powers conferred by any other law.
8. No part of NRS 244.9191 to 244.9219, inclusive, [shall repeal or affect] and sections 1.5 to 13, inclusive, of this act repeals or affects any other law or part thereof, except to the extent that [NRS 244.9191 to 244.9219, inclusive,] those sections are inconsistent with any other law, it being intended that [NRS 244.9191 to 244.9219, inclusive, shall] those sections provide a separate method of accomplishing its objective, and not an exclusive one. [; and NRS 244.9191 to 244.9219, inclusive, shall not be construed as repealing, amending or changing any such other law except to the extent of such inconsistency.]
Sec. 30. NRS 662.245 is hereby amended to read as follows:
662.245 [No] Except as otherwise specifically provided by statute, a banking or other corporation, unless it is organized under the laws of and has its principal place of business in this state, or is a national banking association which has its principal place of business located within this state, [nor] and any officer, employee or agent of such corporation acting in its behalf, shall not be appointed after July 1, 1971, [be appointed] to act as executor, administrator, guardian of minors or estates, receiver, depositary or trustee under appointment of any court or by authority of any law of this state unless it associates as cofiduciary a banking corporation whose principal place of business is in this state.
κ1979 Statutes of Nevada, Page 693 (CHAPTER 391, SB 253)κ
a banking or other corporation, unless it is organized under the laws of and has its principal place of business in this state, or is a national banking association which has its principal place of business located within this state, [nor] and any officer, employee or agent of such corporation acting in its behalf, shall not be appointed after July 1, 1971, [be appointed] to act as executor, administrator, guardian of minors or estates, receiver, depositary or trustee under appointment of any court or by authority of any law of this state unless it associates as cofiduciary a banking corporation whose principal place of business is in this state.
Sec. 31. NRS 704.892 is hereby amended to read as follows:
704.892 1. When application is made for the construction of a plant for the generation of electrical energy using any natural resource of this state, including but not limited to coal, geothermal steam and water resources, for export outside this state, the commission [may:
1. Grant] :
(a) May grant or deny the construction permit.
[2. Condition] (b) Except as otherwise provided in subsection 2, shall condition the granting of the construction permit on the [public utilitys] applicants making available [for use within] to public utilities which primarily serve retail customers in this state an amount of [electrical energy] capacity equal to or less than the amount [exported, as the commission may prescribe.] provided for export in one of the following ways:
(1) Fifty percent of that amount of capacity must be made available to those utilities; or
(2) If less than 50 percent of that amount of capacity initially is taken by those utilities, provision must be made for recapture by those utilities of up to 50 percent of the capacity available from the project,
and in either case for a reciprocal commitment by out-of-state participants to allow the Nevada utilities to participate in any future capacity of such participants to generate or transmit electricity to the same extent that the out-of-state participants have participated in such capacity from the project to be constructed.
2. In the case of a project for the generation and transmission of electricity financed in whole or in part under NRS 244.9191 to 244.9219, inclusive, and sections 1.5 to 13, inclusive, of this act:
(a) The construction permit must be conditioned only upon the compliance with the provisions of those sections with respect to participation of Nevada utilities in the project, the recapture of capacity thereof from out-of-state utilities and the reciprocal participation rights of Nevada utilities.
(b) Before granting the construction permit, the commission must approve the contracts for the purchase of capacity and the agreement or agreements for the construction and operation of the project required by subsection 2 of NRS 244.9215. The commission shall either approve or disapprove such an agreement or contract within 90 days after filing. The county shall, every 6 months during construction of such a project, file with the commission a report as to the then-current estimates of the total cost of the project, but such reports are not filed for approval or disapproval by the commission.
κ1979 Statutes of Nevada, Page 694 (CHAPTER 391, SB 253)κ
Sec. 32. The legislature approves in general terms, as required by section 10 of this act, a project for the generation and transmission of electricity whose generating facilities are to be located in White Pine County, and fixes the limit of the capacity of its generating facilities at 1,500 megawatts nominally rated.
Sec. 33. This act shall become effective upon passage and approval.
________
Assembly Bill No. 378Assemblymen Hickey, May, Bergevin, Harmon, Sena, Horn, Barengo, Hayes, Dini, Chaney, Cavnar, Jeffrey, Fitzpatrick, Mann, Rusk, Bremner, Malone, Marvel, Polish, Robinson, Banner, Coulter, Getto, Mello, Vergiels, Weise, Glover, Bennett, Fielding, Tanner, Stewart, Craddock, Prengaman, Brady and Wagner
CHAPTER 392
AN ACT relating to physical evidence; providing for certification by the prosecuting attorney of certain property held as evidence, and for its delivery to its owner or a person entitled to possession of it before trial; and providing other matters properly relating thereto.
[Approved May 17, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 52.385 is hereby amended to read as follows:
52.385 1. At any time after property [which is alleged to have been stolen or embezzled] of any person other than the one accused of the crime of which the property is evidence comes into the custody of a peace officer, the rightful owner [thereof] of the property or a person entitled to possession of the property may [, with the prior approval of] request the prosecuting attorney [, petition the district court in the county where the property is located for the return of such property.
The petition shall] to return the property to him. The request must allege that:
(a) The [petitioner] requester is the rightful owner of the property [;] or a person entitled to possession of the property;
(b) The only relevance of [such] the property as evidence in the trial [of the person accused of stealing or embezzling such property] is for visual identification; and
(c) [A photograph of such] Photographs of the property, accompanied by [a detailed measurement of such] appropriate descriptions and measurements of the property, is sufficient for the visual identification of [such property.] it.
2. In the absence of such a request, the peace officer having custody of the property may initiate a request to return the property to its owner or a person who is entitled to possession of the property, or to dispose of it in some other manner.
3. Upon receiving a [petition as provided in subsection 1,] request, the [district court shall conduct a hearing to] prosecuting attorney shall determine the truth of the allegations contained in the [petition.
κ1979 Statutes of Nevada, Page 695 (CHAPTER 392, AB 378)κ
determine the truth of the allegations contained in the [petition. The petitioner, the person accused of stealing or embezzling the property and any other witness designated by the petitioner or the defendant may be present with counsel and testify at the hearing.] request.
[3.] 4. If, [after the hearing and after] having personally examined and compared the [photograph,] photographs, the measurements and the property, the [district court] prosecuting attorney or his deputy determines that all allegations in the [petition] request are in fact true, [the district court shall] he may certify the [photograph] photographs and measurements and [shall] order them remanded to the peace officer and the property returned to the [petitioner.] owner or other person who is entitled to it.
[4.] 5. Any photographs and measurements certified under the provisions of this section are admissible in evidence in lieu of the property which is the subject of [such] the photographs, descriptions and measurements. [against a defendant who had an opportunity to appear with counsel and testify in the hearing provided for in subsection 2.]
[5.] 6. Any property subject to the provisions of this section which is not disposed of under the provisions of [subsection 3 shall] this section must be disposed of as provided in NRS 179.125 to 179.175, inclusive.
________
Senate Bill No. 181Senators Young and Raggio
CHAPTER 393
AN ACT relating to the public employees retirement system; limiting the withdrawal of certain judicial officers from the system; and providing other matters properly relating thereto.
[Approved May 18, 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. Any justice of the supreme court or district judge who is a member of the system on July 1, 1979, may withdraw from membership by giving written notice to the board of his intention to withdraw from the system and to rely entirely upon the provisions of NRS 2.060 or 3.090 for his retirement.
2. Notice must be received by the board on or before September 30, 1979.
3. When the board receives notice, the system shall promptly refund all employee contributions credited to the account of the justice or judge.
4. A justice or judge who:
(a) Exercises the option granted by this section may not reestablish the service for which the contributions were refunded at any time.
(b) Does not exercise the option must remain a member of the system until he is qualified to exercise the option authorized by subsection 3 of NRS 286.305.
κ1979 Statutes of Nevada, Page 696 (CHAPTER 393, SB 181)κ
until he is qualified to exercise the option authorized by subsection 3 of NRS 286.305.
Sec. 2. NRS 286.305 is hereby amended to read as follows:
286.305 1. Any justice of the supreme court and any district judge who became a member before July 1, 1977, may remain a member of the system. [Such] Those justices or district judges may choose to gain service credit for previous service as provided in NRS 286.300.
2. The State of Nevada shall be deemed, for the purpose of this chapter, to be the public employer of such justice or judge, and shall contribute to the public employees retirement fund and the public employees retirement administrative fund, in the manner provided in this chapter for public employers.
3. Any justice of the supreme court and any district judge who [has been] is a member of the system and who qualifies for a pension under the provisions of NRS 3.090 or NRS 2.060 may withdraw from the public employees retirement fund the amount credited to him in the account. No [such] justice or judge may receive benefits under both this chapter and under NRS 3.090 or NRS 2.060.
________
Assembly Bill No. 14Assemblymen Dini and Getto
CHAPTER 394
AN ACT relating to the state board of agriculture; adding two members to the board; establishing their qualifications; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 561.045 is hereby amended to read as follows:
561.045 There is hereby created in the state department of agriculture a state board of agriculture composed of [six] eight members appointed by the governor.
Sec. 2. NRS 561.055 is hereby amended to read as follows:
561.055 1. Three members of the board shall be actively engaged in range or semirange cattle production, one in dairying, one in general farming, one in growing crops which are planted in rows spaced to permit mechanical cultivation, [and] one in [the apiary industry.] beekeeping and one in raising nursery stock.
2. No more than two members [shall] may be residents of the same county, and the range or semirange cattle production members shall be residents of different counties.
________
κ1979 Statutes of Nevada, Page 697κ
Assembly Bill No. 197Committee on Ways and Means
CHAPTER 395
AN ACT relating to public officers and employees; increasing allowances for subsistence and travel expenses; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as provided in subsection 2 or otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, [such person shall] he is entitled to be paid up to [$30] $40 for each 24-hour period during which he is away from [such] the office and within the state, and up to $17 in addition to a reasonable room rate for each 24-hour period during which he is outside the state.
2. [Such person may] Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Any person enumerated in subsection 1 [may] is entitled to receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is [17] 19 cents per mile [so] traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 10 cents per mile [so] traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or without the municipality or other area in which his principal office is located. [Such] The allowance shall be established:
(a) At rates higher than the rates established in subsection 3.
(b) Except as provided in paragraph (c), at a rate of not more than 20 cents per mile [so] traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of not more than 12 cents per mile [so] traveled.
5. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than the amounts specified in subsection 1 where unusual circumstances make [such] that rate desirable.
κ1979 Statutes of Nevada, Page 698 (CHAPTER 395, AB 197)κ
approval of the state board of examiners, adopt an expense reimbursement rate of less than the amounts specified in subsection 1 where unusual circumstances make [such] that rate desirable.
________
Assembly Bill No. 399Committee on Education
CHAPTER 396
AN ACT relating to private postsecondary education; prohibiting unauthorized use of certain terms in names of postsecondary educational institutions; providing penalties; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person, alone or in concert with others, may use the term university or college as part of the name or other designation of any postsecondary educational institution in this state without authorization from the commission.
2. The commission shall adopt regulations for authorizing postsecondary educational institutions to use the term university or college as part of their respective names or designations. The regulations must provide for consideration of the institutions qualification to award degrees and may include minimum standards similar to those prescribed by law for licensing under the Postsecondary Educational Authorization Act.
Sec. 2. NRS 394.560 is hereby amended to read as follows:
394.560 It is unlawful for any person, alone or in concert with others, to:
1. Operate in this state a postsecondary educational institution not exempted from the provisions of the Postsecondary Educational Authorization Act, unless the institution has a currently valid license to operate.
2. Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from the provisions of the Postsecondary Educational Authorization Act, whether the institution is within or outside this state, unless the agent is a natural person and has a currently valid permit, except that the commission may [promulgate] adopt regulations to permit the rendering of legitimate public information services without a permit.
3. Instruct or educate, or offer to instruct or educate (including advertising or soliciting for such purpose), enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act in this state, whether the person is located within or outside this state, unless such person complies with the minimum standards set forth in NRS 394.450, and regulations adopted by the commission.
κ1979 Statutes of Nevada, Page 699 (CHAPTER 396, AB 399)κ
outside this state, unless such person complies with the minimum standards set forth in NRS 394.450, and regulations adopted by the commission.
4. [Use the term university or college without authorization from the commission.
5.] Grant, or offer to grant, educational credentials without a license from the commission.
Sec. 3. NRS 394.650 is hereby amended to read as follows:
394.650 Any person, firm, partnership, corporation, association or any other organization which violates any of the provisions of NRS 394.620 to 394.640, inclusive, and section 1 of this act is liable for a civil penalty not to exceed $2,500 for each violation, which shall be recovered in a civil action, brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction. As used in this section, each violation includes, as a single violation, a continuous or repetitive violation arising out of the same act.
Sec. 4. NRS 394.660 is hereby amended to read as follows:
394.660 The attorney general or any district attorney may bring an action in any court of competent jurisdiction, either as a part of any action brought pursuant to NRS 394.650 or as a separate action, to enjoin any violation of the provisions of NRS 394.620 to 394.640, inclusive [.] , and section 1 of this act.
Sec. 5. NRS 394.670 is hereby amended to read as follows:
394.670 Every person, firm, partnership or officer or managing agent of any corporation or association who violates any of the provisions of NRS 394.620 to 394.640, inclusive, and section 1 of this act is guilty of a gross misdemeanor.
Sec. 6. Any postsecondary educational institution which is exempted by law from the provisions of the Postsecondary Educational Authorization Act and, on the effective date of this act, is using the term college or university as part of its name or other designation has until July 1, 1981, to comply with the provisions of this act.
________
Assembly Bill No. 401Committee on Education
CHAPTER 397
AN ACT relating to private postsecondary education; adding to the express powers of the commission on postsecondary institutional authorization; providing that a postsecondary educational institution may be required to pay certain necessary costs in connection with its application for issuance or renewal of a license; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 394.440 is hereby amended to read as follows:
394.440 1. The administrator may request from any department, division, board, bureau, commission or other agency of the state, and the latter agency shall provide, any information which it possesses that will enable the commission to exercise properly its powers and perform its duties under the Postsecondary Educational Authorization Act.
κ1979 Statutes of Nevada, Page 700 (CHAPTER 397, AB 401)κ
division, board, bureau, commission or other agency of the state, and the latter agency shall provide, any information which it possesses that will enable the commission to exercise properly its powers and perform its duties under the Postsecondary Educational Authorization Act.
2. If no agency of the state possesses the information or expert knowledge which the commission finds is necessary to a determination of whether an applicant for the issuance or renewal of a license has complied with the minimum standards prescribed by the commission pursuant to law, the commission may consult with persons outside state government who have the requisite expert knowledge, and may require that the necessary cost of such consultation be paid by the institution whose application is under consideration.
________
Assembly Bill No. 402Committee on Education
CHAPTER 398
AN ACT relating to private postsecondary education; changing the name of the commission on postsecondary institutional authorization; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 394.007 is hereby amended to read as follows:
394.007 Administrator means the administrator of the commission on postsecondary [institutional authorization.] education.
Sec. 2. NRS 394.023 is hereby amended to read as follows:
394.023 Commission means the commission on postsecondary [institutional authorization.] education.
Sec. 3. NRS 394.024 is hereby amended to read as follows:
394.024 Commissioner means any member of the commission on postsecondary [institutional authorization] education except the administrator.
Sec. 4. NRS 394.383 is hereby amended to read as follows:
394.383 1. The commission on postsecondary [institutional authorization,] education, consisting of seven members appointed by the governor, is hereby created.
2. The members of the commission are entitled to receive a salary of $40 for each days attendance at a meeting of the commission and the per diem allowances and travel expenses provided by law.
Sec. 5. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended or added by another act, if reference is made to the former commission on postsecondary institutional authorization, substitute an appropriate reference to the commission on postsecondary education.
________
κ1979 Statutes of Nevada, Page 701κ
Assembly Bill No. 766Committee on Government Affairs
CHAPTER 399
AN ACT relating to elections; authorizing counties and cities to submit advisory questions to the registered voters within their respective jurisdictions; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governing body of any county or city may, at any general election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration by adopting a resolution which:
(a) Sets forth the advisory question to be submitted to the voters; and
(b) States that the result of the voting on the question does not place any legal requirement on the governing body or any officer of the political subdivision.
2. A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:
(a) The advisory question to be submitted affects only that part of its territory; and
(b) The resolution adopted pursuant to subsection 1 sets forth the boundaries of the area in which the advice of the registered voters will be asked.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 806Committee on Government Affairs
CHAPTER 400
AN ACT relating to local governments; providing for the pooling of money of local governments for investment by state treasurer; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The local government pooled investment fund is hereby created as a trust fund to be administered by the state treasurer.
2. Any local government, as defined in NRS 354.474, may deposit its money with the state treasurer for credit to the fund for purposes of investment.
3. The state treasurer may invest the money of the fund:
κ1979 Statutes of Nevada, Page 702 (CHAPTER 400, AB 806)κ
(a) In securities which have been authorized as investments for a local government by any provision of Nevada Revised Statutes or any special law.
(b) If any of the money constitutes an inactive deposit, in time certificates of deposit in the manner provided by NRS 356.015.
4. Each local government which elects to deposit money with the state treasurer for such an investment must:
(a) Upon the deposit, inform him in writing how long a period the money is expected to be available for investment.
(b) At the end of the period, notify him in writing whether it wishes to extend the period.
5. If a local government wishes to withdraw any of its money before the end of the period of investment, it must make a written request to the state treasurer. Whenever he is required to sell or liquidate invested securities because of a request for early withdrawal, any penalties or loss of interest incurred must be charged against the deposit of the local government which requested the early withdrawal.
6. All interest received on money of the fund must be deposited for credit to the fund.
7. The state treasurer may assess reasonable charges against the fund for reimbursement of the expenses which he incurs in administering the fund. The amount of the assessments must be transferred to an account within the state general fund for use of the state treasurer in carrying out the provisions of this section.
8. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of the total deposits in the fund which were attributable during the quarter to each local government.
(b) Apply that proportion to the total amount of interest received during the quarter on invested money of the fund; and
(c) Pay to each participating local government or reinvest upon its instructions its proportionate share of the interest, as computed pursuant to paragraphs (a) and (b), less the proportionate amounts of the assessments for the expenses of administration.
9. The state treasurer may adopt reasonable regulations to carry out the provisions of this section.
________
κ1979 Statutes of Nevada, Page 703κ
Senate Bill No. 184Committee on Human Resources and Facilities
CHAPTER 401
AN ACT relating to public health; clarifying the authority of the state board of health to adopt regulations for the control of sewage disposal; revising provisions on the respective duties of the health division of the department of human resources and the state department of conservation and natural resources in certifying approval of subdivision and condominium maps; providing for cooperation in preparing regulations governing the granting of such approval; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 439.200 is hereby amended to read as follows:
439.200 1. The state board of health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests of the public health.
(d) To provide for the sanitary protection of water and food supplies [.] and the control of sewage disposal, but the regulations governing sewage disposal must not conflict with the provisions of the Nevada Water Pollution Control Law or regulations adopted thereunder.
(e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, and NRS 445.080 to 445.710, inclusive.
(f) To protect and promote the public health generally.
(g) To carry out all other purposes of this chapter.
2. Such regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the state regulations provided for in this section.
3. A copy of every regulation adopted by the state board of health and every regulation of a county, district or city board of health approved by [such board pursuant to NRS 439.350 and 439.460,] the state board of health, showing the date that any such regulations take effect, [shall] must be filed with the secretary of state, and copies of such regulations [shall] must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.
Sec. 2. NRS 117.027 is hereby amended to read as follows:
117.027 At the time any condominium map or plan is presented to the county recorder for recording the following certificates [shall] must be presented to be recorded immediately [prior to] before the map or plan:
1. A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign the map or plan.
κ1979 Statutes of Nevada, Page 704 (CHAPTER 401, SB 184)κ
guaranteeing that the names of the parties contained therein are the only parties who are required to sign the map or plan.
2. A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
3. A certificate from:
(a) The health division of the department of human resources, or the local agency acting pursuant to NRS 278.335, showing that the map or plan is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The health division or local agency may not issue a certificate unless it has received written verification from the division of environmental protection of the state department of conservation and natural resources that the map or plan has been approved with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law.
(b) The division of water resources of the state department of conservation and natural resources, showing that the [final] map or plan is approved concerning water quantity.
4. Any person aggrieved by the issuance or denial of approval with regard to water pollution and sewage disposal by the division of environmental protection of the state department of conservation and natural resources may appeal to the state environmental commission, which shall affirm, modify or reverse the action of the division. The commission shall adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the commission.
5. A copy of the certificate from the division of water resources required by subsection 3 [shall] must be furnished to the condominium subdivider who in turn shall provide a copy of such certificate to each purchaser of a condominium unit [prior to] before the time the sale is completed. [No] A statement of approval as required in subsection 3 is not a warranty or representation in favor of any person as to the safety or quantity of such water.
Sec. 3. NRS 278.335 is hereby amended to read as follows:
278.335 1. A copy of the tentative map [shall] must be forwarded by the local government to the division of water resources and the division of environmental protection of the state department of conservation and natural resources and the health division of the department of human resources, or the local representative acting for the health division, for review.
2. The authority of the health division to review and certify proposed subdivisions and conduct construction or installation inspections [shall] must be exercised by the district board of health or, where there is no district board of health, then by the incorporated city within whose limits, or the county in whose unincorporated area, the subdivision is to be situated if:
(a) The district board of health or the city or county requests such authority of the health division; and
(b) The health division determines that the district board of health or the city or county is adequately staffed to conduct the subdivision review and inspections.
κ1979 Statutes of Nevada, Page 705 (CHAPTER 401, SB 184)κ
or the city or county is adequately staffed to conduct the subdivision review and inspections.
3. A district board of health or a city or county which conducts reviews and inspections under this section shall certify to the health division within 10 days after filing its recommendations concerning the tentative map and after approving the final map that the subdivision meets all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities.
4. The state is not chargeable with any expense incurred by a district board of health or a city or county acting pursuant to this section.
5. Each reviewing agency shall within 15 days from the receipt of the tentative map file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.
Sec. 4. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as provided in subsection 2, the governing body shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed with it pursuant to NRS 278.330 within 30 days after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map within 45 days after the map is filed with the governing body.
3. The governing body shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, [and] solid waste disposal, [;
(b) Health laws and regulations concerning] water supply [and] facilities, community or public sewage disposal and, [the availability] where applicable, individual systems for sewage disposal;
(b) Availability of water which meets the applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;
(c) Availability and accessibility of utilities;
(d) Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks;
(e) General conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical land characteristics such as flood plain, slope, soil; and
(i) Recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 and 278.335.
4. When the board of trustees of a school district develops a plan for the future construction of one or more schools, it shall notify each city, county or regional planning commission any part of whose territory will be served by a proposed school. The notice [shall] must include the grades to be taught, the number of pupils to be accommodated, and the area to be served.
κ1979 Statutes of Nevada, Page 706 (CHAPTER 401, SB 184)κ
area to be served. The board shall notify each commission of any change in or abandonment of its plan.
5. The governing body shall not approve a tentative map if the taxes are delinquent on any of the land to be subdivided. The subdivider shall prove that no tax is delinquent by submitting to the governing body a certificate of the county treasurer to this effect.
6. Final disposition of the tentative map [shall] must be by a vote of the majority of the governing body and any disapproval or conditional approval [shall] must include a statement of the reason for such action.
Sec. 5. NRS 278.377 is hereby amended to read as follows:
278.377 1. A final map presented for filing [shall] must include a certificate by:
(a) The health division of the department of human resources, or the local agency acting pursuant to NRS 278.335, indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The health division or local agency may not issue a certificate unless it has received written verification from the division of environmental protection of the state department of conservation and natural resources that the map or plan has been approved with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law.
(b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.
2. Any person aggrieved by the issuance or denial of approval with regard to water pollution and sewage disposal by the division of environmental protection of the state department of conservation and natural resources may appeal to the state environmental commission, which shall affirm, modify or reverse the action of the division. The commission shall adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the commission.
[2.] 3. A copy of the certificate by the division of water resources required by subsection 1 [shall] must be furnished to the subdivider who in turn shall provide a copy of such certificate to each purchaser of land [prior to] before the time the sale is completed. Any statement of approval as required in subsection 1 is not a warranty or representation in favor of any person as to the safety or quantity of such water.
________
κ1979 Statutes of Nevada, Page 707κ
Senate Bill No. 218Committee on Finance
CHAPTER 402
AN ACT making an appropriation from the state general fund to the state communications board for working capital purposes; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state communications board the sum of $40,000 for working capital purposes.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 384Committee on Commerce and Labor
CHAPTER 403
AN ACT relating to industrial insurance; requiring notice and an opportunity for the claimant to be heard before a claim for which full benefits have not been paid may be closed; and providing other matters properly relating thereto.
[Approved May 18, 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:
1. When the commission determines that a case should be closed before all benefits to which the claimant may be entitled have been paid, the commission shall send a written notice of its intention to close the case to the claimant by United States mail addressed to the last known address of the claimant. The notice must include a statement that the claimant has a right to appeal on the closing of his case, and that he may request a hearing, in writing on the form provided with the notice, within 30 days after the date on which the notice was mailed by the commission. A suitable form for requesting a hearing must be enclosed with the notice.
2. If the commission does not receive a request for a hearing before an appeals officer within 30 days after mailing the notice, it may close the case. Upon receiving a request for a hearing, the commission shall treat the case as a contested case for the purposes of the appeal.
________
κ1979 Statutes of Nevada, Page 708κ
Senate Bill No. 451Committee on Commerce and Labor
CHAPTER 404
AN ACT relating to financial institutions; authorizing banks and savings and loan associations to make loans secured by interests in cooperative housing corporations; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 107 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The shares which accompany a lease of a dwelling unit in a cooperative housing corporation are appurtenant to the lease. Any security interest in or lien on the lease encumbers the shares whether or not the instrument creating the interest or lien expressly includes the shares.
2. No security interest in or lien on shares of a cooperative housing corporation is effective unless the instrument which purports to create the interest or lien encumbers the lease to which the shares pertain.
Sec. 2. NRS 107.025 is hereby amended to read as follows:
107.025 A deed of trust may encumber an estate for years, including a lease of a dwelling unit of a cooperative housing corporation, if the instrument creating the estate specifically authorizes the encumbrance, and foreclosure may be had by the exercise of a power of sale in accordance with the provisions of this chapter.
Sec. 3. NRS 107.080 is hereby amended to read as follows:
107.080 1. Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security.
2. The power of the sale [shall] must not be exercised, however, until:
(a) In the case of any trust agreement coming into force on or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment; and
(b) The beneficiary, the successor in interest of the beneficiary or the trustee shall first execute and cause to be recorded in the office of the recorder of the county wherein the trust property, or some party thereof, is situated a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and
(c) Not less than 3 months have elapsed after the recording of such notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2 [shall commence] commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by certified mail with postage prepaid to the grantor or to his successor in interest at the address of [such] the grantor or his successor in interest if [such address is] known, otherwise to the address of the trust property.
κ1979 Statutes of Nevada, Page 709 (CHAPTER 404, SB 451)κ
which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by certified mail with postage prepaid to the grantor or to his successor in interest at the address of [such] the grantor or his successor in interest if [such address is] known, otherwise to the address of the trust property. Such notice of default and election to sell [shall] must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due and payable if [such] acceleration is permitted by the obligation secured by the deed of trust, but [such] acceleration [shall] must not occur if the deficiency in performance or payment is made good and any [and all] costs, fees and expenses incident to the preparation or recordation of such notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of [such] the 3-month period following the recording of [such] notice of breach and election to sell, and prior to the making of such sale, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.
5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.
Sec. 4. Chapter 662 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A bank may make or invest in a loan to finance a borrowers interest in or to refinance his existing interest in a cooperative housing corporation if the loan is secured by:
(a) A first security interest in stock or a certificate of membership in the cooperative housing corporation; and
(b) An assignment of or lien on the borrowers interest in the lease or other right of tenancy to a dwelling unit of the cooperative housing corporation.
2. For purposes of this chapter, the interest in a cooperative housing corporation which is encumbered by a security interest shall be deemed to be real property, and any loan made pursuant to subsection 1 shall be deemed to be a loan secured by a mortgage on real property.
3. As used in subsection 1, cooperative housing corporation means a corporation organized under the laws of this state for the purpose of the cooperative ownership of real estate whereby each of the stockholders or members is entitled, through ownership of stock or a certificate of membership in the corporation, to occupy a house, apartment or other dwelling unit on real estate owned by the corporation.
κ1979 Statutes of Nevada, Page 710 (CHAPTER 404, SB 451)κ
Sec. 5. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Cooperative housing corporation means a corporation organized under the laws of this state for the purpose of the cooperative ownership of real estate whereby each of the stockholders or members is entitled, through ownership of stock or a certificate of membership in the corporation, to occupy a house, apartment or other dwelling unit on real estate owned by the corporation.
Sec. 6. NRS 673.001 is hereby amended to read as follows:
673.001 As used in this chapter, unless the context otherwise requires, [words shall have the meanings assigned] the words and terms defined in NRS 673.002 to 673.034, inclusive [.] , and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 673.011 is hereby amended to read as follows:
673.011 Home means a dwelling or dwellings for not more than four families, the principal use of which is for residential purposes. [, including a home on a farm.] The term includes:
1. A dwelling on a farm.
2. A dwelling unit of a cooperative housing corporation.
Sec. 8. NRS 673.276 is hereby amended to read as follows:
673.276 1. An association may invest in:
(a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
(b) Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
(c) Stock of a federal home-loan bank of which it is eligible to be a member.
(d) Any obligations or consolidated obligations of any federal home-loan bank or banks.
(e) Stock or obligations of the Federal Savings and Loan Insurance Corporation.
(f) Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
(g) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.
(h) Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the associations purposes or powers.
(i) Savings accounts of any insured state-licensed association and of any federal savings and loan association, but each investment in any other savings and loan association [shall] must be fully insured by the Federal Savings and Loan Insurance Corporation.
(j) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
(k) Shares and other securities of a state development corporation organized under the provisions of chapter 670 of NRS.
κ1979 Statutes of Nevada, Page 711 (CHAPTER 404, SB 451)κ
2. An association may invest any portion of its [funds] money in loans secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one nonresidential loan [can] may be made in excess of 2 percent of the total savings accounts of the association unless approved in writing by the commissioner.
3. An association may invest any of its money in a loan to finance a borrowers interest in or to refinance his existing interest in a cooperative housing corporation if the loan is secured by:
(a) A first security interest in stock or a certificate of membership in the cooperative housing corporation; and
(b) An assignment of or lien on the borrowers interest in the lease or other right of tenancy to a dwelling unit of the cooperative housing corporation.
A first security interest may exist notwithstanding any mortgage or deed of trust encumbering the property owned by the cooperative housing corporation if the stock or certificate of membership in the corporation and the borrowers lease or other right of tenancy are not encumbered with a prior security interest. For purposes of this chapter, additional loans or advances on the same interest in a cooperative housing corporation, without intervening liens, shall be deemed to be first security interests. For purposes of this chapter, the interest in a cooperative housing corporation which is encumbered by a security interest shall be deemed to be real property and the security interest shall be deemed to be a mortgage on real property.
4. No association may create loans by investment in real property [further] farther than 100 miles from its home office, unless it has the prior, written approval of the commissioner. Such investment may include the subdivision and development of such real property principally for residential use. An association [shall] must not have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the written permission of the commissioner.
Sec. 9. NRS 673.332 is hereby amended to read as follows:
673.332 1. When an association acquires title to any real property by foreclosure or by a conveyance in lieu of foreclosure, the document representing the transaction must be recorded immediately. This subsection does not require recordation of the evidences of any transfer of stock resulting from foreclosure of an interest in a cooperative housing corporation.
2. An appropriate real-estate-owned account [shall] must be set up for the property acquired and a separate subsidiary ledger or other appropriate record [shall] must be maintained therefor. The amount carried in the account [shall] must be the sum of the unpaid principal balance of the loan plus foreclosure costs, less any advance payments and any funds held in the loans-in-process account at the time of acquisition, together with:
κ1979 Statutes of Nevada, Page 712 (CHAPTER 404, SB 451)κ
(a) Any amounts paid after acquisition for real property taxes which have accrued prior to acquisition;
(b) Assessments due or delinquent at the time of acquisition; and
(c) Necessary acquisition costs and costs of insurance premiums.
3. The subsidiary ledger record or other appropriate record on each property acquired [shall] must indicate:
(a) The type and character of the property acquired.
(b) All capitalized items of investment with related costs.
(c) Former loan or contract of sale account numbers.
________
Senate Bill No. 512Committee on Government Affairs
CHAPTER 405
AN ACT relating to the state public works board; limiting the submission of certain reports of inspections of state buildings; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 341.165 is hereby amended to read as follows:
341.165 The board [is authorized and directed to inspect periodically] shall inspect all state buildings [,] periodically, including all buildings at the University of Nevada, Reno, and at the University of Nevada, Las Vegas, and all physical plant facilities at all state institutions. Reports of all [such] inspections, including findings and recommendations, [shall] must be submitted to the appropriate state agencies [,] and, if the board finds any matter of serious concern in a report, it shall submit that report to the legislative commission. [, and each session of the legislature.]
________
Senate Bill No. 528Committee on Commerce and Labor
CHAPTER 406
AN ACT relating to underground utility services; making a technical correction; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704A.180 is hereby amended to read as follows:
704A.180 1. Within 15 days after the receipt of the petition, each public utility corporation other than the municipality shall notify the municipality of the petitions receipt and shall request the municipality to notify the public utility corporation of the basis to be used by the municipality in the apportionment of the costs to be defrayed by special assessments levied against the specially benefited lots within the proposed service district if the facilities of the public utility corporation therein are to be placed underground under this chapter.
κ1979 Statutes of Nevada, Page 713 (CHAPTER 406, SB 528)κ
municipality of the petitions receipt and shall request the municipality to notify the public utility corporation of the basis to be used by the municipality in the apportionment of the costs to be defrayed by special assessments levied against the specially benefited lots within the proposed service district if the facilities of the public utility corporation therein are to be placed underground under this chapter.
2. Within 30 days of the receipt by the municipality of each such request, or, if the public utility corporation is the municipality, the petition, the governing body shall state, by resolution, the basis for the apportionment of [such] those costs by assessments against [such] the specially benefited lots, subject to the provisions of subsections 5 and 6 of NRS 704A.240, and shall forthwith cause a certified true copy of the resolution pertaining to each public utility corporation requesting the basis of assessments to be furnished thereto.
3. Within 120 days after receipt of [such] the basis for assessments, or, if the public utility corporation is the municipality, after the adoption of the resolution, each public utility corporation serving the area shall:
(a) Make a study of the cost of providing new underground electric and communication facilities or conversion of its facilities in [such] the area to underground service.
(b) Make available in its office to the petitioners and to all owners of real property within the proposed service district a joint report of the results of the study of the public utility corporations affected.
4. If a public utility corporation subject to the jurisdiction of the public service commission of Nevada determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of the public service commission of Nevada, so state in the joint report and proceed no further toward installation of the proposed service. Nothing in this chapter requires the public service commission of Nevada to participate in preparation of the joint report referred to in this section.
5. If a public utility corporation is a city or county and if it determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of its governing body, as provided by resolution so state in the joint report and proceed no further toward installation of the proposed service.
6. Except for the facilities of each public utility corporation described in subsection 4 or 5, if any, the joint report [shall:] must:
(a) Contain an estimate of the costs to be assessed to each lot of real property located [with] within the proposed service district for the construction of new facilities or conversion of facilities within public places.
(b) Indicate the estimated cost to be assessed to each lot of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot.
(c) Indicate the estimated cost, if any, to be borne by the public utility corporation for any facilities to be provided by it and which [shall] remain its property rather than becoming property of owners of individual lots, as provided by regulations of the public service commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.
κ1979 Statutes of Nevada, Page 714 (CHAPTER 406, SB 528)κ
city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.
7. The costs of preparing the joint report [shall] must be borne by the public utility corporation or corporations whose electric or communication facilities are to be included in the proposed service district unless the governing body orders the establishment of the service district, in which event [such costs shall] the costs must be included in the costs of the service district.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 529Committee on Commerce and Labor
CHAPTER 407
AN ACT relating to physical therapists; correcting a reference to another section of NRS; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 640.120 is hereby amended to read as follows:
640.120 1. The board may issue, without examination, a permit to practice physical therapy for a period not to exceed 6 months to any person who meets the qualifications set forth in NRS 640.080, except subsection [5] 4 thereof, upon certification that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency.
2. The board may also permit, without examination, temporary registration not to exceed 6 months to any person meeting the qualifications set forth in NRS 640.080, except subsection [5] 4 thereof, upon payment of a temporary registration fee of $10, which [shall] must be paid before commencing the practice of physical therapy. [No] A temporary registration [shall] may not be renewed.
________
Senate Bill No. 530Committee on Commerce and Labor
CHAPTER 408
AN ACT relating to traditional Oriental medicine; making a technical correction concerning the terms of the members of the Oriental medicine advisory committee; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634A.100 is hereby amended to read as follows:
634A.100 1. The Oriental medicine advisory committee, consisting of five members appointed by the governor, is hereby created.
κ1979 Statutes of Nevada, Page 715 (CHAPTER 408, SB 530)κ
2. The governor shall appoint the members of the advisory committee as soon as feasible after April 19, 1973. Their terms [shall be] are as follows:
(a) [Two members] One member shall hold office for 1 year;
(b) Two members shall hold office for 2 years;
(c) Two members shall hold office for 3 years; and
(d) Thereafter, all terms [shall be] are for 3 years.
3. Members of the advisory committee shall be selected with special reference to their ability and fitness to advise with respect to the duties assigned by this chapter to the board.
4. The advisory committee shall advise the board regarding licensing, curriculum of a school or college of traditional Oriental medicine established pursuant to NRS 634A.090, or any other duties of the board created by this chapter.
5. The advisory committee may receive, if authorized by the board, the same salary, subsistence, and travel expense provided by NRS 634A.050.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 321Senator Young
CHAPTER 409
AN ACT relating to corporations; amending certain time limits relating to corporate takeover bids; and providing other matters properly relating thereto.
[Approved May 18, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.3765 is hereby amended to read as follows:
78.3765 Offeree [company] corporation means a corporation incorporated under the laws of Nevada whose shares are the subject of a takeover bid.
Sec. 2. NRS 78.3767 is hereby amended to read as follows:
78.3767 Offerors presently owned shares means the aggregate number of shares of an offeree [company] corporation which are on the date of a takeover bid either beneficially owned or subject to a right of acquisition, directly or indirectly, by the offeror and each associate of the offeror.
Sec. 3. NRS 78.377 is hereby amended to read as follows:
78.377 1. Takeover bid means an offer made by an offeror directly or through an agent by advertisement or any other written or oral communication to offerees to purchase such number of shares of any class of equity securities of the offeree [company] corporation that:
(a) Together with the offerors presently owned shares of that class, will in the aggregate exceed 10 percent of the outstanding shares of such class; or
κ1979 Statutes of Nevada, Page 716 (CHAPTER 409, SB 321)κ
(b) Together with the offerors presently owned shares of all classes of equity securities of the offeree [company,] corporation, will in the aggregate, after giving effect to all conversion and purchase rights held and to be acquired by the offeror, exceed 10 percent of the number of shares of stock or a similar security of the offeree [company] corporation which will be outstanding.
2. Takeover bid does not include, with respect to any class of equity securities of the offeree [company:] corporation:
(a) An isolated offer to purchase shares from individual stockholders not made to stockholders generally;
(b) An offer to purchase shares in accordance with a registration statement under the Securities Act of 1933 (15 U.S.C. §§ 77a et seq.);
(c) An offer made by an issuer to purchase its own shares or shares of a subsidiary at least two-thirds of the voting stock of which is owned beneficially by such issuer;
(d) An offer to purchase shares to be effected by a registered broker-dealer on a stock exchange or in the over-the-counter market if the broker performs only the customary brokers function, and receives no more than the customary brokers commissions, and neither the principal nor the broker solicits or arranges for the solicitation of orders to sell shares of the offeree [company;] corporation; or
(e) An offer to purchase shares of a class not registered pursuant to § 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 781).
Sec. 4. NRS 78.3771 is hereby amended to read as follows:
78.3771 1. At least [10] 30 days prior to the making of a takeover bid, the offeror shall file with the resident agent of the offeree [company] corporation a statement containing the following information:
(a) The name, address and business experience of the offeror and each associate of the offeror;
(b) The terms and conditions of the takeover bid, which shall include the applicable provisions of NRS 78.3772;
(c) The source and amount of the funds or other consideration used or to be used in making the takeover bid, and if any part of such funds or consideration is represented or is to be represented by funds or other consideration borrowed or otherwise obtained for the purpose of making such bid, a description of the transaction and the names of the parties thereto, except that where a source of funds is a loan or loans made in the ordinary course of business by a bank or financial institution customarily engaged in the business of making loans, it will be sufficient so to state;
(d) Any plans or proposals that the offeror may have to liquidate the offeree [company,] corporation, to sell its assets to or merge it with any other person, or to make any other material change in its business or corporate structure;
(e) The number of offerors presently owned shares, and a description of any which are not stock or a similar security; and
(f) Information as to any contracts, arrangements or understandings with any person with respect to any securities of the offeree [company,] corporation, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guaranties of loans, guaranties against loss or guaranties of profits, division of losses or profits, or the giving or withholding of proxies, naming the persons with whom such contracts, arrangements or understandings have been entered into, and giving the details thereof.
κ1979 Statutes of Nevada, Page 717 (CHAPTER 409, SB 321)κ
joint ventures, loan or option arrangements, puts or calls, guaranties of loans, guaranties against loss or guaranties of profits, division of losses or profits, or the giving or withholding of proxies, naming the persons with whom such contracts, arrangements or understandings have been entered into, and giving the details thereof.
2. All written soliciting material used by the offeror in connection with the takeover bid shall be filed with the resident agent of the offeree [company] corporation not later than the time copies of such material are first published or sent or given to offerees.
3. If, pursuant to any arrangement or understanding with the offeror, any persons are to be elected or designated as directors of the offeree [company,] corporation, otherwise than at a meeting of security holders, and the persons so elected or designated will constitute a majority of the directors of the offeree [company,] corporation, then, prior to the time any such person takes office as a director, the offeror shall file with the resident agent of the offeree [company,] corporation, and transmit to all holders of record of securities of the offeree [company] corporation who would be entitled to vote at a meeting for election of directors, information substantially equivalent to the information which would be required by § 14(a) or 14(c) of the Securities Exchange Act of 1934 (15 U.S.C. § 78n(a) or (c)) to be transmitted if such person or persons were nominees for election as directors at a meeting of such security holders.
Sec. 5. NRS 78.3772 is hereby amended to read as follows:
78.3772 1. The period of time within which shares may be deposited pursuant to a takeover bid shall not be less than [21] 10 days nor more than 35 days from the date of the first invitation to deposit shares.
2. Shares deposited pursuant to a takeover bid may be withdrawn by an offeree or his attorney-in-fact by demand in writing on the offeror or the depository at any time within [21] 10 days from the date of the first invitation to deposit shares.
3. Where a takeover bid is made for less than all the shares of a class and where a greater number of shares is deposited pursuant thereto, within 10 days after the takeover bid is first published or given to the offerees, than the offeror is bound or willing to take up and pay for, the shares taken up by the offeror shall be taken up as nearly as may be pro rata, disregarding fractions, according to the number of shares deposited.
4. Where an offeror varies the terms of a takeover bid before the expiration thereof by increasing the consideration offered, the offeror shall pay the increased consideration to each offeree whose securities are taken up even if they have been taken up and paid for before the variation of the takeover bid.
5. Where a takeover bid is sent by mail to offerees, it shall be accompanied by a copy of the statement filed with the resident agent pursuant to NRS 78.3771.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 718κ
Assembly Bill No. 6Committee on Ways and Means
CHAPTER 410
AN ACT relating to state printing; requiring repayment of certain costs of modernizing the state printing plant; making an appropriation for those costs; extending the date of reversion for the unexpended balance of an appropriation for the automated text processing system; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 344.095 is hereby amended to read as follows:
344.095 1. Commencing July 1, 1971, and continuing until the construction costs of $590,017 for the plant of the division have been paid, the division shall pay annually to the state treasurer for [deposit in the general fund in the state treasury] credit to the state general fund 2 percent of the buildings original acquisition cost.
2. Commencing July 1, 1979, and continuing until the costs of $198,500 for modernization of the plant of the division have been paid, the division shall pay annually to the state treasurer for credit to the state general fund 5 percent of those costs.
Sec. 2. There is hereby appropriated from the state general fund to the state printing and records division of the department of general services:
1. The sum of $198,500 to purchase and install the following equipment:
(a) A 40-inch press;
(b) A film processor;
(c) A vacuum frame;
(d) A 45-inch cutter; and
(e) A plate processor.
2. The sum of $151,983.76 to maintain and operate the computer which drives the automated typesetting equipment and the text processing systems.
Sec. 3. 1. Section 4 of chapter 155, Statutes of Nevada 1977, at page 296, is hereby amended to read as follows:
Sec. 4. After June 30, [1979,] 1981, the unencumbered balance of the appropriations made in sections 1 and 2 of this act shall not be encumbered and shall revert to the state general fund.
2. This section shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 719κ
Assembly Bill No. 51Assemblymen Getto, Dini, Horn, Price and Hickey
CHAPTER 411
AN ACT relating to nursing; setting certain requirements for the continuing education of nurses; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the board of completion, during the 2 year period before renewal of the license, of 30 hours in a program of continuing education approved by the board.
2. The board shall review all courses offered to nurses for the completion of the requirement set in subsection 1. The board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.
Sec. 3. 1. The board may appoint an advisory council on continuing education for nurses to consist of no more than five members who serve at the pleasure of the board.
2. The advisory council shall advise the board and assist it in establishing criteria for the approval of programs for the continuing education of nurses.
Sec. 4. NRS 632.080 is hereby amended to read as follows:
632.080 The compensation of the members of the board [shall] and of the advisory council on continuing education for nurses must be fixed by the board, but [shall] may not exceed the sum of $40 for each day spent by each member in the discharge of his official duties. The members of the board [shall] and of the advisory council on continuing education for nurses are entitled to receive travel expenses and subsistence allowances in the performance of their duties as provided by NRS 281.160. All such sums [shall] must be paid pursuant to the provisions of NRS 632.090.
Sec. 5. NRS 632.341 is hereby amended to read as follows:
632.341 1. The license of every nurse licensed under the provisions of this chapter [shall] must be renewed biennially as provided in this section.
2. On or before January 1 of every even-numbered year the executive secretary of the board shall mail a license renewal application to every nurse holding a valid license issued pursuant to the provisions of this chapter.
3. Each applicant for license renewal shall complete the application and return it to the executive secretary together with the biennial license renewal fee and proof of completion of the required continuing education before March 1.
κ1979 Statutes of Nevada, Page 720 (CHAPTER 411, AB 51)κ
4. Upon receipt of [such] the application [and fee,] , fee and proof of continuing education, the board shall verify the accuracy of the application and issue a license to the applicant for the next biennium commencing with March 1 and expiring the last day of February of the next even-numbered year.
5. A licensee who fails to renew his license as provided in this section may have his license reinstated by completing a renewal application and payment of the reinstatement fee in addition to the renewal fee.
6. Upon written request to the board, a licensee in good standing may cause his name and license to be transferred to an inactive list, and [such licensee shall] the licensee may not practice nursing during the time the license is inactive and no renewal fee [shall accrue.] accrues. If an inactive licensee desires to resume the practice of nursing, the board shall renew the license upon demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current biennial license renewal fee.
Sec. 6. Notwithstanding the provisions of NRS 632.341 to the contrary, the state board of nursing may not require proof of completion of continuing education for nurses for the renewal of any license which expires before January 1, 1982.
________
Assembly Bill No. 187Committee on Judiciary
CHAPTER 412
AN ACT relating to crimes; providing a penalty for the solicitation of certain crimes if no criminal act is committed; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 199 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who counsels, hires, commands or otherwise solicits another to commit murder, kidnaping or arson is guilty of a gross misdemeanor if no criminal act is committed as a result of the solicitation.
________
κ1979 Statutes of Nevada, Page 721κ
Assembly Bill No. 299Committee on Ways and Means
CHAPTER 413
AN ACT making an appropriation from the state general fund to the division of environmental protection of the state department of conservation and natural resources to purchase monitoring equipment; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the division of environmental protection of the state department of conservation and natural resources the sum of $128,600 to purchase monitoring equipment for the air pollution control programs.
Sec. 2. After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This act shall become effect upon passage and approval.
________
Assembly Bill No. 372Committee on Ways and Means
CHAPTER 414
AN ACT making an additional and supplemental appropriation to the mental hygiene and mental retardation division of the department of human resources for support of childrens behavioral services in Washoe County; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources the sum of $80,222 for support of childrens behavioral services in Washoe County. This appropriation is additional and supplemental to that allowed and made by section 30 of chapter 574, Statutes of Nevada 1977.
2. After June 30, 1979, any unencumbered balance of the appropriation made by subsection 1 must not be committed for expenditure, and such a balance reverts to the state general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 722κ
Assembly Bill No. 385Committee on Government Affairs
CHAPTER 415
AN ACT relating to the state personnel system; reducing the amount of annual leave accrued by state employees hired on or after July 1, 1979, and who have less than 3 years service; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as provided in subsection 2, [all employees] an employee in the public service, whether in the classified or unclassified service, [shall be] is entitled to annual leave with pay of [1 1/4 working days for each month of service,] :
(a) If he commenced his first service with the state before July 1, 1979, and his service has been continuous, or if he has completed 3 years of service, 1 1/4 working days for each month of service; or
(b) If he commenced his first service with the state on or after July 1, 1979, and he has not completed 3 years of service, 1 working day for each month of service,
which may be cumulative from year to year not to exceed 30 working days. Any annual leave in excess of 30 working days [shall] must be used [prior to] before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days [shall be] is forfeited on [such] that date. The personnel division may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System [shall be] are entitled to annual leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. If an employee dies and was entitled to accumulated annual leave under the provisions of this chapter, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the chief of their entitlement, [shall] are entitled to be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of [such] the deceased employee.
4. No elected state officer [shall] may be paid for accumulated annual leave upon termination of his service.
5. During the first 6 months of employment of any employee in the public service, annual leave [shall accrue] accrues as provided in subsection 1, but no annual leave [shall] may be taken during [such] that period.
6. No employee in the public service [shall] may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
________
κ1979 Statutes of Nevada, Page 723κ
Assembly Bill No. 445Committee on Ways and Means
CHAPTER 416
AN ACT relating to the state personnel system; expanding the number of years for which payments for length of service may be increased; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.177 is hereby amended to read as follows:
284.177 1. A [longevity incentive] plan to encourage continuity of service, administered by the personnel division, is hereby established for employees with 8 years or more of continuous state service. Employees rated standard or better with 8 years of continuous service [shall] are entitled to receive $75 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum [semiannual amount of $300 for 17] of 20 years [or more] of continuous state service.
2. As used in subsection 1, continuous means uninterrupted service as defined by the commission.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the state board of examiners the sums of $37,500 for the fiscal year 1979-80, and $37,500 for the fiscal year 1980-81, to support the costs of the amendments to the plan set forth in section 1 of this act. The board of examiners may allocate money from this appropriation to the various departments, commissions and agencies of the state to pay the difference between the actual cost of the plan as approved by the 60th session of the Nevada legislature and the money appropriated or otherwise available to the respective departments, commissions and agencies of the state.
________
Assembly Bill No. 802Committee on Government Affairs
CHAPTER 417
AN ACT relating to public investments and depositories of public money; authorizing the state treasurer to make certain investments, sell certain securities, and make certain deposits of state money; requiring the state board of finance to prescribe policies under which the state treasurer may exercise certain of those powers; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state board of finance shall prescribe the investment policies under which all investments made by the state treasurer under this chapter must conform. The board shall review those policies at least every 4 months.
κ1979 Statutes of Nevada, Page 724 (CHAPTER 417, AB 802)κ
Sec. 2. NRS 355.050 is hereby amended to read as follows:
355.050 The state [board of finance] treasurer shall have charge of all the investments of [moneys] money and the sale of all securities of the state permanent school fund.
Sec. 3. NRS 355.060 is hereby amended to read as follows:
355.060 1. [Quarterly, until July 1, 1970, the state controller shall notify the state board of finance of the amount of uninvested money in the state permanent school fund. On and after July 1, 1970, the] The state controller shall notify the state [board of finance] treasurer monthly of the amount of uninvested money in the state permanent school fund.
2. Whenever there is a sufficient amount of money for investment in the state permanent school fund, the [board] state treasurer shall proceed to negotiate for the investment of the [same] money in:
(a) United States bonds; [or]
(b) Bonds issued under the authority of the United States; [or]
(c) Bonds of this state or of other states; [or]
(d) Bonds of any county of the State of Nevada; [or]
(e) Farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture; or
(f) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.
Sec. 4. NRS 355.080 is hereby amended to read as follows:
355.080 No part of the state permanent school fund [shall] may be invested in the bonds of any county whose entire bonded indebtedness for all purposes [shall exceed] exceeds 10 percent of its assessed valuation; and the amount of bonds of any county purchased or invested in by the state [board of finance shall] treasurer may not, in the aggregate, exceed 4 percent of the assessed valuation of any county.
Sec. 5. NRS 355.090 is hereby amended to read as follows:
355.090 The state [board of finance is authorized to] treasurer may convert into cash any of the bonds or securities in which any part of the state permanent school fund is [now or at any time hereafter may be] invested by selling [the same] them in the open market to the highest bidder or bidders, the proceeds thereof to be placed by the state treasurer in the state permanent school fund to be reinvested as provided in NRS 355.060 and 355.070.
Sec. 6. NRS 355.120 is hereby amended to read as follows:
355.120 The state [board of finance] treasurer may invest any available [moneys] money in the state treasury, other than [those] that in the state permanent school fund and [those] that in the state insurance fund, in farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture, 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.
κ1979 Statutes of Nevada, Page 725 (CHAPTER 417, AB 802)κ
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.
Sec. 7. NRS 356.010 is hereby amended to read as follows:
356.010 1. All [moneys,] money, except as provided in NRS 356.013, under the control of the state treasurer belonging to the state [shall] must be deposited in any state or national banks, or in any insured savings and loan associations which are stock companies and not mutual associations, in the State of Nevada, or in any banks or insured savings and loan associations which are stock companies and not mutual associations outside of the State of Nevada as provided in NRS 356.100, and [such] the depository banks or savings and loan associations shall handle, collect and pay all checks, drafts and other exchange without cost to the state.
2. [Such deposits shall be made only with the written consent and approval of the state board of finance. The written consent and approval of the state board of finance to make deposits of state moneys in banks or savings and loan associations shall be delivered to the state treasurer and filed in his office, and a copy thereof shall be filed in the office of the secretary of state, and shall be a public record.
3.] Any sums so deposited [shall be] are deemed to be in the state treasury if the banks or savings and loan associations in which [such] the money is deposited [shall, prior to] furnish, before or simultaneously with the making of the deposits, [furnish] security as provided in NRS 356.010 to 356.110, inclusive.
Sec. 8. NRS 356.015 is hereby amended to read as follows:
356.015 1. [With the written consent and approval of the state board of finance, the] The state treasurer [shall:] :
(a) [Establish] Shall establish a definition of inactive deposits.
(b) [Determine] Shall determine what amounts of money [shall] must be deposited as inactive deposits in time certificates of deposit.
(c) [Establish] May establish as the rate of interest to be paid on the maturity of each time certificate of deposit a rate which is:
(1) Greater than;
(2) Equal to; or
(3) [Not more than three-fourths of 1 percent (otherwise expressed as 75 basis points) below,
the average yield during the 2-week period ending 1 day before the deposit is made, of a United States Treasury bill of like amount and term.] Not more than one-half percent (otherwise expressed as 50 basis points) below,
the yield, 1 week before the deposit is made of a collaterally pledged municipal deposit of like amount and term as reported by a major financial institution or reporting service.
(d) [Make] Shall make inactive deposits through warrants of the state controller.
2. With the written consent and approval of the state board of finance, the state treasurer may establish as the rate of interest to be paid on the maturity of each time certificate of deposit a rate which is more than one-half percent (otherwise expressed as 50 basis points) below the yield 1 week before the deposit is made of a collaterally pledged municipal deposit of like amount and term as reported by a major financial institution or reporting service.
κ1979 Statutes of Nevada, Page 726 (CHAPTER 417, AB 802)κ
on the maturity of each time certificate of deposit a rate which is more than one-half percent (otherwise expressed as 50 basis points) below the yield 1 week before the deposit is made of a collaterally pledged municipal deposit of like amount and term as reported by a major financial institution or reporting service.
3. The state controller shall maintain accurate records of inactive deposits.
Sec. 9. NRS 356.020 is hereby amended to read as follows:
356.020 1. All [funds] money deposited by the state treasurer [shall] must be secured by obligations of the United States, or bonds of this state, or bonds of any county, municipality or school district within this state. Collateral deposited by the depository bank or savings and loan association [shall] must be pledged with the state treasurer, or with a Federal Reserve bank, or, if [such] the deposit of security will not be accepted by a Federal Reserve bank, then with any bank or any insured savings and loan association which is a stock company and not a mutual association, other than the depository bank or savings and loan association, which will accept [such] the bonds as a trust for the purposes hereof.
2. The amount, in par value, of [such] the deposit of securities by each such depository bank or savings and loan association [shall] must be at least the amount of the deposit with [such] the depository bank or savings and loan association. [Such] The bonds and securities [shall] must be approved in writing by the [state board of finance and by the] state treasurer [.] and are subject to review by the state board of finance.
3. The state treasurer or the state board of finance may, from time to time, require such a deposit of [such] additional bonds and securities, as herein permitted as security, as in their judgment [shall be] is necessary to maintain each [such] deposit.
4. The bonds, or any part thereof, may be withdrawn on the consent of the state treasurer, but no withdrawal [shall be] is permitted which will reduce the security below the requirements of this section.
________
Senate Bill No. 376Senator Jacobsen
CHAPTER 418
AN ACT relating to emergency medical services; requiring filing of rate schedules for ambulances; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 450B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each public and private owner of an ambulance or air ambulance shall file his schedule of rates with the health division. Any change in a schedule must be filed before the change becomes effective.
2. The health division shall keep each schedule of rates or changes filed with it for at least 3 years after the schedule has been superseded or otherwise become ineffective.
κ1979 Statutes of Nevada, Page 727 (CHAPTER 418, SB 376)κ
filed with it for at least 3 years after the schedule has been superseded or otherwise become ineffective.
Sec. 2. Each owner must first file his schedule of rates on or before July 15, 1979.
________
Senate Bill No. 559Committee on Judiciary
CHAPTER 419
[Approved May 21, 1979]
AN ACT relating to the department of prisons; authorizing the transfer of an alien prisoner to his native country in certain circumstances; and providing other matters properly relating thereto.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.291 is hereby amended to read as follows:
209.291 1. The director may transfer an offender:
(a) From one institution to another within the department; or
(b) To other governmental agencies,
in accordance with classification evaluations and the requirements of treatment, training, security and custody of the offender.
2. The prison sentence of an offender continues uninterrupted while he is at the facility to which he has been transferred.
3. Whenever a treaty is in force providing for the transfer of offenders between the United States and a foreign country, the director may, with the consent of the governor, approve a transfer as provided in the treaty upon the application of the offender to the director.
________
Senate Bill No. 396Committee on Government Affairs
CHAPTER 420
AN ACT relating to county government; removing sheriff from license board and liquor board in certain counties; authorizing those counties to establish county license departments; changing the list of establishments required to be specially licensed; authorizing the merger of licensing and liquor boards; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as provided in subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate the business of conducting a [billiard or pool hall,] dancing hall, [bowling alley, theater, soft drink establishment,] escort service, or gambling game or device permitted by law, [or other place of amusement, entertainment or recreation,] outside of an incorporated city.
κ1979 Statutes of Nevada, Page 728 (CHAPTER 420, SB 396)κ
respective counties to regulate the business of conducting a [billiard or pool hall,] dancing hall, [bowling alley, theater, soft drink establishment,] escort service, or gambling game or device permitted by law, [or other place of amusement, entertainment or recreation,] outside of an incorporated city. [or incorporated town.] The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. Any license tax levied for the purposes of NRS 244.640 to 244.780, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year.
(2) The name of the record owner of the property.
(3) A description of the property sufficient for identification.
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
4. The board of county commissioners may delegate the authority to enforce such liens to the county fair and recreation board.
All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244.640 to 244.780, inclusive, is confidential and shall not be disclosed by any member, official or employee of the county fair and recreation board or the county imposing such license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
Sec. 2. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every 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,] escort service, or gambling game or device permitted by law, [or other place of amusement, entertainment or recreation,] outside of an incorporated city, [or incorporated town] shall:
(a) Make application by petition to the license board, as provided in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired. Such application shall be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the same to the license board at its next regular meeting.
κ1979 Statutes of Nevada, Page 729 (CHAPTER 420, SB 396)κ
The board, 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, may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board. In counties having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the boards next regular meeting. The board shall then and there grant or refuse the license prayed for or enter such other order as is consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the [sheriff] county license collector may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board shall have the exclusive power to license and regulate the businesses herein set forth.
2. The board of county commissioners, and 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, the sheriff of [each] that county shall constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.
3. The license board is empowered and commissioned to act for the purposes of this section (without further compensation to the board or the clerk thereof) as a license board to:
(a) Fix, impose and collect license fees upon the businesses herein mentioned.
(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 shall state the reason for suspension or limitation and shall 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 such hearing shall be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. [New regulations shall 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 shall not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations shall be mailed to the address of each licensee and each practicing attorney in the county.
κ1979 Statutes of Nevada, Page 730 (CHAPTER 420, SB 396)κ
a copy of any new regulations shall be mailed to the address of each licensee and each practicing attorney in the county.
6. [Except for the adoption of new regulations a] A majority vote of the members of the license board present shall govern in the transaction of all business. A majority of the members thereof shall constitute a quorum for the transaction of business.
7. Any person, firm, association of persons or corporation who shall engage in any of the businesses herein mentioned without first having obtained the license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.
8. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.
Sec. 3. Section 1 of chapter 16, Statutes of Nevada 1979, is hereby amended to read as follows:
Section 1. 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 dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city, [shall:] must:
(a) Make application by petition to the license board [, as provided in subsection 2,] of the county in which [any such] the business is to be engaged in, for a county license of the kind desired. [Such application shall] The application must be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the [same] application to the license board at its next regular meeting.
The board, 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, may refer the petition to the sheriff, who shall report upon [the same] it at the following regular meeting of the board. In counties having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the boards next regular meeting. The board shall [then and there] at that meeting grant or refuse the license prayed for or enter [such] any other order [as is] consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board [shall have] has the exclusive power to license and regulate the businesses [herein set forth.]
κ1979 Statutes of Nevada, Page 731 (CHAPTER 420, SB 396)κ
269 of NRS, the license board [shall have] has the exclusive power to license and regulate the businesses [herein set forth.] mentioned in this subsection.
2. The board of county commissioners, and 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, the sheriff of that county [shall] constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.
3. The license board [is empowered and commissioned to act for the purposes of this section (without] may, without further compensation to the board or [the clerk thereof) as a license board to:] its clerk:
(a) Fix, impose and collect license fees upon the businesses [herein mentioned.] 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 [shall] must state the reason for suspension or limitation and [shall] 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 [such hearing shall] the hearing must be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. Upon adoption of new regulations the board shall designate their effective date, which [shall] may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations [shall be mailed to the address of each licensee and each practicing attorney in the county.] must be available for public inspection during regular business hours at the office of the county clerk.
6. A majority vote of the members of the license board present [shall govern] governs in the transaction of all business. A majority of the members [thereof shall constitute] constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or corporation who [shall engage] engages in any of the businesses [herein] mentioned in this section without first having obtained the license and paid the license fee [therefor as herein provided shall be] as provided in this section is guilty of a misdemeanor.
8. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.
κ1979 Statutes of Nevada, Page 732 (CHAPTER 420, SB 396)κ
the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.
Sec. 4. Section 11 of chapter 204, Statutes of Nevada 1979, is hereby amended to read as follows:
Section 11. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city, must:
(a) Make application [by petition] to the license board of the county in which the business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.
The board, 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, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the boards next regular meeting. 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 county license collector may [, in his discretion,] grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the businesses mentioned in this subsection.
2. The board of county commissioners, and 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, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board [shall be] is the clerk thereof, in the respective counties of 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.
κ1979 Statutes of Nevada, Page 733 (CHAPTER 420, SB 396)κ
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of the hearing must be published in a newspaper published [in] and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. 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. A majority vote of the members of the license board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or corporation who engages in any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any [female] person for the purpose of prostitution.
Sec. 5. Section 26 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:
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 dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city, 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.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.
The board, 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, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board.
κ1979 Statutes of Nevada, Page 734 (CHAPTER 420, SB 396)κ
determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties having a population of [200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the boards next regular meeting. 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 county license collector 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 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 sheriff of that 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. 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.
κ1979 Statutes of Nevada, Page 735 (CHAPTER 420, SB 396)κ
6. A majority vote of the members of the license board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or corporation who engages in any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. In any county having a population of [200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000 or more, 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.
Sec. 6. NRS 244.350 is hereby amended to read as follows:
244.350 1. The board of county commissioners, and 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, the sheriff of [each county are empowered and commissioned, for the purposes of this section, to act jointly,] that county constitute a liquor board. The liquor board may, without further compensation [as a liquor board, to] grant or refuse liquor licenses, and [to revoke such] revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for [such] revocation. The board shall elect a chairman from among its members.
2. The liquor board in each of the several counties shall enact ordinances:
(a) Regulating the sale of intoxicating liquors in their respective counties.
(b) Fixing the hours of each day during which liquor may be sold or disposed of.
(c) Prescribing the conditions under which liquor may be sold or disposed of.
(d) Prohibiting the employment or service of minors in the sale or disposition of liquor.
(e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, [such] the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.
3. In counties having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the liquor board shall refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the boards next regular meeting.
4. All liquor dealers within any incorporated city or town are [to be] exempt from the [force and] effect of this section, and are to be regulated only by the [city government therein.] government of that city or town.
κ1979 Statutes of Nevada, Page 736 (CHAPTER 420, SB 396)κ
Sec. 7. NRS 244.350 is hereby amended to read as follows:
244.350 1. The board of county commissioners, and in counties having a population of 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, the sheriff of that county constitute a liquor board. The liquor board may, without further compensation, grant or refuse liquor licenses, and revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation. The board shall elect a chairman from among its members.
2. The liquor board in each of the several counties shall enact ordinances:
(a) Regulating the sale of intoxicating liquors in their respective counties.
(b) Fixing the hours of each day during which liquor may be sold or disposed of.
(c) Prescribing the conditions under which liquor may be sold or disposed of.
(d) Prohibiting the employment or service of minors in the sale or disposition of liquor.
(e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.
3. 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, the liquor board shall refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the boards next regular meeting.
4. All liquor dealers within any incorporated city or town are exempt from the effect of this section, and are to be regulated only by the government of that city or town.
Sec. 8. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any board of county commissioners may by ordinance provide for the merger of the license board and the liquor board. The merged board shall perform all functions and has all powers provided for each of the separate boards.
Sec. 9. NRS 364.010 is hereby amended to read as follows:
364.010 1. The sheriff of each county [shall be] 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, is the ex officio collector of county licenses provided for in chapter 244 of NRS and by other laws.
2. In counties having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall by ordinance:
(a) Establish a county license department;
κ1979 Statutes of Nevada, Page 737 (CHAPTER 420, SB 396)κ
(b) Adopt procedures for the investigation of applicants for county licenses and for the administration, collection and disposition of county license fees; and
(c) Provide regulations for the operation of the county license department.
3. The provisions of NRS 364.020 to 364.070, inclusive, do not apply to counties which have a county license department.
Sec. 10. NRS 364.010 is hereby amended to read as follows:
364.010 1. The sheriff of each county having a population of 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, is the ex officio collector of county licenses provided for in chapter 244 of NRS and by other laws.
2. 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, the board of county commissioners shall by ordinance:
(a) Establish a county license department;
(b) Adopt procedures for the administration, investigation, collection and disposition of county license fees; and
(c) Provide regulations for the operation of the county license department.
3. The provisions of NRS 364.020 to 364.070, inclusive, do not apply to counties which have a county license department.
Sec. 11. NRS 364.060 is hereby amended to read as follows:
364.060 All [moneys] money received from licenses under the provisions of chapter 244 of NRS [shall] must be paid into the county treasury. The sheriff shall make those payments on or before the 5th day of the month next succeeding the month in which [such moneys were] the money was received and credited to the county general fund.
Sec. 12. NRS 364.080 is hereby amended to read as follows:
364.080 It [shall be] is unlawful for the sheriff or any employee of a county license department to issue any other licenses for any purposes other than those provided for by law.
Sec. 13. NRS 364.090 is hereby amended to read as follows:
364.090 [If either the county treasurer, the county auditor, the sheriff, or any other person shall issue, have] Any person who issues, has in his possession with intent to issue or [put] puts in circulation any other licenses than those properly issued [to the sheriff] under the provisions of law, [the person so offending] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 14. NRS 463.230 is hereby amended to read as follows:
463.230 1. Any person to whom a state license has been issued as [hereinabove] provided in this chapter may, upon proper application to the sheriff if there is no county license department or to that department of the county wherein it is proposed that such gaming operation shall be conducted, be issued a license for each particular device or game or slot machine, upon compliance with such conditions and regulations as may be imposed by the county, and on payment to the sheriff or county license department of license fees as required by law or ordinance.
κ1979 Statutes of Nevada, Page 738 (CHAPTER 420, SB 396)κ
as may be imposed by the county, and on payment to the sheriff or county license department of license fees as required by law or ordinance.
2. Licenses [shall:
(a) Be] :
(a) Must be prepared by the county auditor or by the county comptroller, if such officer is appointed pursuant to NRS 251.170, and [shall] contain such information as is required by county ordinance.
(b) [Be] Must be issued and accounted for as is provided by law with respect to other county licenses.
(c) [Not be] Are not transferable by the licensee to any other person.
Sec. 15. NRS 463.280 is hereby amended to read as follows:
463.280 Subject to the power of the commission to deny, revoke or suspend, condition or limit licenses, any county license in force on the expiration date thereof may be replaced by a new license issued by the sheriff if there is no county license department or by that department upon proper application and payment of county license fees as required by law, ordinance or regulation.
Sec. 16. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.390 shall be collected and disposed of as [herein] provided [.] in this section.
2. All state gaming license fees and penalties shall be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided herein, shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more incorporated or unincorporated cities or towns within the county, the board of county commissioners shall, annually, prior to the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated shall be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly upon receipt of the moneys from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining shall be deposited in the county general fund and shall be expended for county purposes.
κ1979 Statutes of Nevada, Page 739 (CHAPTER 420, SB 396)κ
3. (a) County license fees shall be collected by the sheriff [,] if there is no county license department or by that department and no license money paid to the sheriff [shall] or county license department may be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and [he shall be held] the sheriff if there is no county license department is liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On or before the 5th day of each month the sheriff of a county which has no county license department shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) In a county which has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.
(e) All moneys received for county gaming licenses under this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such moneys, and the incorporated city or town shall receive 50 percent of such moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 17. NRS 463.390 is hereby amended to read as follows:
463.390 1. Any person, firm, association or corporation desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance [shall,] may, upon proper application to the sheriff if there is no county license department or to that department of the county wherein it is proposed that such slot machine, game or games [shall] be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:
(a) The person, firm, association or corporation so applying for a license shall furnish a complete description of the particular room and premises in which the licensee desires to carry on or conduct such slot machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized.
κ1979 Statutes of Nevada, Page 740 (CHAPTER 420, SB 396)κ
(b) The person, firm, association or corporation so applying for a license shall state definitely the particular type of slot machine or the particular game or device which the licensee desires to carry on or conduct in the room and premises, and as so stated the [same shall] slot machine, game or device must be specifically described in and entered upon the license.
(c) Card games, that is, stud and draw poker, bridge, whist, solo, and panguingui for money, shall be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable 3 months in advance.
(d) A license fee of $50 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, shall be paid to the sheriff or county license department for each game or device license issued except those games as otherwise provided for herein and except slot machines. For each money slot machine the license fee shall be $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance. When a combination of units are operated by one handle the license fee [shall be] is the sum of $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, for each and every unit paying in identical denominations operated thereby.
(e) The license [shall entitle] entitles the holder or holders, or his or their employee or employees, to carry on, conduct and operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.
2. The licensee [shall be] is entitled to carry on, conduct and operate two or more slot machines, games or devices, in the same room, by paying the license fee herein provided for, for each slot machine, game or device and otherwise complying with the terms of this section.
Sec. 18. 1. Sections 7 and 10 of this act shall become effective in 1980 on the date when the Secretary of Commerce reports the 1980 census of population to the President of the United States as required by 13 U.S.C. § 141(b).
2. The remaining sections of this act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 741κ
Assembly Bill No. 151Assemblymen Wagner, Hayes, Coulter, Rusk, Bedrosian, Prengaman and Price
CHAPTER 421
AN ACT relating to displaced homemakers; establishing a center to provide them with education, counseling and services relating to employment, health, financial and legal matters; providing for periodic evaluations; making an appropriation; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, displaced homemaker means any person who:
1. Is over the age of 35 years;
2. Is not gainfully employed;
3. Has worked in the home for a substantial number of years providing household services for family members without pay;
4. Has difficulty in securing employment; and
5. Has been dependent on the income of another family member but is no longer supported by that income, or has been dependent upon federal assistance but is no longer eligible.
Sec. 3. The state board for vocational education shall establish a center where services are provided for displaced homemakers and may enter into contracts with public or nonprofit private organizations to provide the various services.
Sec. 4. The center shall provide:
1. Counseling services specifically designed for the counseling of displaced homemakers with respect to appropriate employment opportunities.
2. Services relating to training for employment and placement in employment, including:
(a) Encouraging state and local government agencies and private employers to establish and enlarge upon programs of training and placement;
(b) Assisting displaced homemakers in gaining admission to existing public and private training programs and opportunities; and
(c) Assisting communities in identifying their employment needs and in creating new employment opportunities.
3. Educational and counseling services relating to health and health care, including the following subjects:
(a) General principles of preventive health care;
(b) Education about obtaining and paying the cost of health care and related services, particularly about selecting physicians and others who provide the services, including health maintenance organizations and health insurance;
(c) Health care and nutrition for the family; and
(d) Abuse of alcohol and drugs.
κ1979 Statutes of Nevada, Page 742 (CHAPTER 421, AB 151)κ
4. Services relating to financial management, including information and assistance with respect to insurance, taxes, estate and probate problems, mortgages, loans and other related financial matters.
5. Services relating to publicity and information about education, including publicity to make displaced homemakers aware that courses and programs are available and information about specific courses for which credit is offered through programs of secondary and postsecondary education and such other educational programs as the executive director determines are of interest and benefit to displaced homemakers.
6. Referral for legal assistance.
7. Services relating to publicity and information about programs of assistance, including publicity to make displaced homemakers aware that programs are available and information about specific programs of assistance in obtaining employment, education and health care, assistance for unemployed persons, public assistance and such other programs of assistance as the executive director determines are of interest and benefit to displaced homemakers.
Supervisory, technical and administrative positions relating to the centers must, to the maximum extent feasible, be filled with persons who qualify as displaced homemakers.
Sec. 5. 1. In selecting a site for the center the state board for vocational education shall consider:
(a) The location of any existing facilities for displaced homemakers and any existing services similar to those to be provided by the centers, which might be incorporated into a center;
(b) The needs of each region of the state for a center; and
(c) The needs of both urban and rural communities.
2. The board shall select a public or nonprofit private organization, if possible, to administer the center. The selection of such an organization may be made only after consultation with local government agencies and must take into consideration the experience and capability of the organizations in administering services similar to those to be provided by the center.
3. The executive director shall consult and cooperate with such agencies of the federal and state governments as the board considers appropriate to facilitate the establishment of a center which utilizes or is coordinated with existing state and federal programs of a similar nature.
Sec. 6. 1. The state board for vocational education, in cooperation with the administrator of the center, and in consultation with appropriate heads of executive agencies, shall prepare and furnish to the legislature an evaluation of the center. The evaluation must be made every 2 years and must include:
(a) A thorough assessment of the center;
(b) Recommendations covering the administration and expansion of the center; and
(c) Data on the numbers of persons referred to and enrolled in the various programs and on placements and employment of such persons.
2. The board, in consultation with the appropriate heads of executive agencies, shall study and prepare and furnish to the legislature a report concerning the feasibility of an appropriate procedure for placing displaced homemakers in:
κ1979 Statutes of Nevada, Page 743 (CHAPTER 421, AB 151)κ
report concerning the feasibility of an appropriate procedure for placing displaced homemakers in:
(a) Related federal and state programs of assistance in obtaining employment, education, and health care; and
(b) Programs established or benefits provided under federal and state laws relating to unemployment compensation which extend eligibility to full-time homemakers.
Sec. 7. The state board for vocational education shall prepare and furnish to the legislature the first of the evaluations required by section 6 of this act not later than January 1, 1981.
Sec. 8. There is hereby appropriated to the state board for vocational education from the state general fund $35,500 for the fiscal year 1979-1980, and $38,950 for the fiscal year 1980-1981. Any balance of those sums remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund.
Sec. 9. This act expires by limitation on July 1, 1985.
________
Assembly Bill No. 804Assemblymen Mann, Sena, Webb, Wagner, Vergiels, Horn, Brady, Bremner, Harmon, Hickey, Westall, Mello and Coulter
CHAPTER 422
AN ACT relating to the department of prisons; authorizing the establishment of restitution centers; providing a procedure for determining restitution and for its payment by offenders to the victims of their crimes; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. As used in sections 1 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 2. Department means the department of prisons.
Sec. 3. Dependent means a person who was wholly or partially dependent upon the income of a deceased person at the time of his death. The term includes the child of the deceased person born after his death.
Sec. 4. Director means the director of the department of prisons.
Sec. 5. Offender means any person convicted of a crime under the laws of this state and sentenced to imprisonment in the state prison.
Sec. 6. Victim means:
1. A natural person who, or a partnership, corporation or other business organization which, as the case may be, is physically injured or otherwise suffers any damages as a direct result of a criminal act for which the offender is incarcerated.
κ1979 Statutes of Nevada, Page 744 (CHAPTER 422, AB 804)κ
2. The spouse, children and dependents of a natural person who is killed or is injured or suffers damages as described in subsection 1.
Sec. 7. The director may, with the approval of the board, establish restitution centers to house offenders within a community so they may work to earn wages with which to make restitution to the victims of their crimes as provided in sections 7 to 16, inclusive, of this act.
Sec. 8. The director may assign an offender to a restitution center only:
1. If the offender requests the assignment;
2. After the evaluation required by NRS 209.341 reveals the offender to be suitable for the assignment;
3. After the director has determined a claim for restitution from the offender to be valid; and
4. If the offender makes an assignment to the department of his wages earned while at the restitution center.
Sec. 9. The director shall determine a fixed amount to be deducted from the wages of each offender assigned to a restitution center to partially offset the cost of providing the offender with housing, meals and medical and dental services at the center.
Sec. 10. 1. Any victim may file a claim for restitution with the director at any time while the offender is incarcerated. No action may be taken upon the claim until:
(a) The offender has requested assignment to a restitution center of the department; and
(b) The director has determined under NRS 209.341 that the offender is suitable for that assignment.
2. If the victim is a minor, the claim may be made on his behalf by a parent or guardian. If the victim is mentally incompetent, the claim may be made on his behalf by a parent, guardian or other person authorized to administer his estate.
3. After an offender has requested an assignment to a restitution center and is determined to be suitable for assignment, the director shall determine the validity of all claims for restitution from the offender.
Sec. 11. 1. If a claim for restitution is determined by the director to be valid, the director shall attempt to negotiate and enter with the offender into an agreement which provides for an assignment to the department of all wages which the offender earns while at the restitution center to:
(a) Make restitution payments to the victims of any crime for which the offender is incarcerated; and
(b) Reimburse partially the department for its costs in providing the offender housing, meals and medical and dental services at the center.
2. The agreement must contain a schedule of restitution payments to be made to all victims of crimes for which the offender is incarcerated who have filed valid claims with the director. The payments may be made subject to such terms as the director deems advisable.
Sec. 12. In determining the total restitution which may fairly be awarded to a victim, the director shall, to the extent possible, consider:
1. The following which were actually and reasonably incurred as a direct result of the crime:
(a) Medical expenses, including expenses for psychiatric treatment.
κ1979 Statutes of Nevada, Page 745 (CHAPTER 422, AB 804)κ
(b) Expenses for any nonmedical remedial care or treatment, including psychological treatment.
(c) Funeral expenses.
(d) Loss of earnings or financial support.
(e) Damage to or loss of real or personal property.
(f) Any other economic loss suffered by the victim.
2. Loss of companionship and the pain and suffering of the victim.
3. Any payments the claimant has already received or is legally entitled to receive as a direct result of the injury, loss or death upon which his claim is based.
4. Any conduct of the injured victim or the deceased which contributed directly or indirectly to his injury, loss or death.
Sec. 13. If an offender has been convicted of a criminal act with respect to which a claim for restitution is based, proof of that conviction is conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard to the conviction is pending.
Sec. 14. Payments of restitution must terminate:
1. If the offender is reassigned to another institution of the department which is not a restitution center:
2. When the offender is released from prison, except that the payments may be continued as a condition of parole; or
3. When the victim has received the full amount to which he is entitled under the agreement,
whichever occurs first.
Sec. 15. 1. The director shall arrange for all earnings of an offender assigned to a restitution center to be paid directly from the employer of the offender to the department.
2. The department shall deduct the amount for housing, meals and medical and dental services determined under section 9 of this act and distribute the remainder according to the schedule of restitution payments.
Sec. 16. The board of state prison commissioners may adopt regulations necessary to carry out the provisions of this act.
Sec. 17. This act shall expire by limitation on July 1, 1981.
________
Assembly Bill No. 304Committee on Ways and Means
CHAPTER 423
AN ACT making an appropriation from the state general fund to the state department of education for certain capital improvements in local school districts; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state department of education the sum of $885,350 to be apportioned among the local school districts for capital expenditures related to removal of barriers to the free movement of handicapped persons in school buildings and other facilities.
κ1979 Statutes of Nevada, Page 746 (CHAPTER 423, AB 304)κ
removal of barriers to the free movement of handicapped persons in school buildings and other facilities.
Sec. 2. After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 475Committee on Ways and Means
CHAPTER 424
AN ACT relating to retirement; making administrative changes in the Public Employees Retirement Act and the legislators retirement system; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.040 is hereby amended to read as follows:
286.040 1. Employee means:
(a) A public officer of the State of Nevada or its political subdivisions.
(b) Any person employed by a public employer whose compensation [and all other customary employee benefits are] is provided by the public employer and who is under the direction or control of officers of the public employer.
2. Employee does not include independent contractors or persons rendering professional services to an employer on a fee, retainer or contract basis.
3. The board shall determine who are employees under this definition.
Sec. 2. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an assistant executive officer [whose appointment is effective upon confirmation by the board. The assistant executive officer serves] and administrative assistant whose appointments are effective upon confirmation by the retirement board. The assistant executive officer and administrative assistant serve at the pleasure of the executive officer.
2. The executive officer [and the assistant executive officer] , assistant executive officer and administrative assistant are entitled to annual salaries fixed by the board with the approval of the interim retirement committee of the legislature.
3. The executive officer shall:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, responsible for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
κ1979 Statutes of Nevada, Page 747 (CHAPTER 424, AB 475)κ
4. The assistant executive officer shall be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
5. The executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit [.] during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.
Sec. 3. NRS 286.180 is hereby amended to read as follows:
286.180 1. When necessarily absent from home attending to their duties, the members of the board are entitled to receive their actual and necessary traveling expenses and other expenses within the limit fixed by law.
2. Members of the board are entitled to receive a fee of $40 per day for attendance at meetings.
3. [Salaries] Fees and reimbursement for expenses shall be paid from the public employees retirement administrative fund.
4. Fees and reimbursement for expenses must be paid from commitment fees obtained from borrowers whenever the members of the board hold special meetings limited solely to mortgage and real estate investments.
Sec. 4. NRS 286.190 is hereby amended to read as follows:
286.190 The board:
1. Has the powers and privileges of a body corporate and, subject to the limitations of this chapter, is responsible for managing the system.
2. Shall:
(a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the system to be prepared by an independent actuary based upon data compiled and supplied by employees of the system, and shall adopt actuarial tables and formulas prepared and recommended by the actuary.
(b) Provide for [an annual] a biennial audit of the system, including the administrative fund, by an independent certified public accountant.
(c) Provide an annual report to the members and participating public employers of the system. [Such report shall] The report must contain, when available, a review of the actuarial valuation required by paragraph (a).
3. May:
(a) Adjust [service and make any correction of member, retired employee or beneficiary records and benefits and demand repayment of money erroneously paid, within 6 years prior to the date of determination, after an error or inequity has been determined.] the service or correct the records of any member, retired employee or beneficiary, and require repayment of any money determined to have been paid by the system in error, if the money was paid within 6 years before demand for its repayment.
(b) Examine and copy personnel and financial records of public employers.
(c) Receive requests for membership from state, county or municipal entities which are not presently public employers, and determine whether or not any such entity and its employees qualify for membership as provided by this chapter.
κ1979 Statutes of Nevada, Page 748 (CHAPTER 424, AB 475)κ
or not any such entity and its employees qualify for membership as provided by this chapter.
Sec. 5. NRS 286.230 is hereby amended to read as follows:
286.230 1. The board shall establish a fund known as the public employees retirement administrative fund in which shall be deposited all administrative fees.
2. The board shall fix an administrative fee sufficient to pay the operating expense of the system but not more than $2.20 per month per capita for police officers and firemen and $2 per month per capita for all other members. The system shall transfer monthly from the respective retirement funds to the public employees retirement administrative fund the amount of the per capita fee multiplied by the combined number of members [contributing to] and persons receiving allowances from that fund.
3. The board may establish a separate and additional administrative fee for police officers and firemen and their public employers to pay the additional expense of maintaining a separate fund and to pay the actual and necessary travel expenses and other expenses, within the limits established by the board, for meetings of the police and firemens retirement fund advisory committee.
Sec. 6. NRS 286.288 is hereby amended to read as follows:
286.288 Any participating public employer or group of such employers may select an employee as liaison officer to certify records [, counsel members] and coordinate matters pertaining to retirement between the system and members or participating public employers. The system is responsible for any inaccurate or misleading information provided to any person or agency by an officer or employee of the system, but is not responsible for inaccurate or misleading information provided by any other person.
Sec. 7. NRS 286.300 is hereby amended to read as follows:
286.300 1. Any member of the system may purchase all previous creditable service performed with his present employing agency if such service was performed prior to the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the systems actuary for a computation of costs and pay the full cost as determined by the actuary.
2. Any member of the system may purchase credit for any period of service for which contributions were not paid while the member was receiving temporary total disability benefits for an industrial injury, if the injury was sustained on a job for which contributions were required. The member must pay the systems actuary for any necessary computation, and must also pay the full actuarial costs determined by the actuary.
3. Any member who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public system if that service is no longer creditable in the other system. To validate such service, the member must obtain a certification of the inclusive dates of previous service performed with the other public system, together with certification from that system that this credit is no longer creditable in the other system.
κ1979 Statutes of Nevada, Page 749 (CHAPTER 424, AB 475)κ
performed with the other public system, together with certification from that system that this credit is no longer creditable in the other system. [and that the other system agrees to notify the Nevada system if this service ever becomes reestablished by the member.] Upon application to retire, the system shall ascertain whether or not the purchased service has been reestablished in the other system. The member must pay the systems actuary for the computation of cost, and pay the full actuarial costs as determined by the actuary.
[3.] 4. Any member who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if such service is no longer credited in the military retirement system. To validate military service, the member must provide certification of the inclusive dates of active military service performed, pay the systems actuary for the computation of cost, and pay the full actuarial cost as determined by the actuary.
[4.] 5. Any contributing member may purchase previous service performed for any public employer, including service as an elected officer or a person appointed to an elective office for an unexpired term. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate such service. The member must pay the systems actuary for a computation of cost and pay the full cost as determined by the actuary.
[5.] 6. A member who provides proper documentation and establishes the right to purchase any of the service listed in this section may defer payment until actual retirement. Under this subsection, the purchase of service shall be based on the normal employee and employer contribution rates which are in effect at the time of the members retirement times his final average [salary] compensation, and without interest. Service purchased under this subsection shall not be credited until retirement. [, nor shall it be considered as validated service to provide eligibility for vesting, benefits for survivors or disability retirement.] This service can be used for [regular] service retirement eligibility.
[6.] 7. The employing agency may pay [the employer share] any portion of the cost to validate service under this section, but is not required to do so. No credit, however, [shall] may be validated unless both the employer and employee contributions have been paid.
[7.] 8. The member or public employer, or both, purchasing credit under this section shall pay the full current administrative fees for each month of service purchased.
Sec. 8. NRS 286.310 is hereby amended to read as follows:
286.310 1. Employees of the state or any of its political subdivisions who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter, except:
(a) Persons employed by the state or any of its political subdivisions before July 1, 1967, who:
(1) Were required to participate in both systems; and
(2) Filed a written statement with the board within 30 days after July 1, 1967, electing to retain their service credit in the retirement system established by this chapter.
κ1979 Statutes of Nevada, Page 750 (CHAPTER 424, AB 475)κ
(b) Employees of the agricultural extension service of the college of agriculture of the University of Nevada who were continued in dual membership in both systems after July 1, 1967. These employees:
(1) May continue their membership in the retirement system established by this chapter until they respectively complete 23 years of simultaneous service while employed with the agriculture extension service; and
(2) Are entitled to benefits earned in the retirement system established by this chapter whether or not they receive or have received credit in the federal retirement system for the same period of time and service.
2. Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the retirement system established by this chapter at any time when they are not covered by that system, and if they subsequently reenter the retirement system established by this chapter as provided in subsection 3 they may repay such withdrawn contributions in the manner provided in this chapter.
3. When an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he shall become a member of the retirement system established by this chapter and is entitled to purchase credit for previous service rendered for the same agency or political subdivision under the retirement system established by this chapter as provided in NRS 286.300.
4. Except as provided in subsection 1 of section 23.5 of this act and subsection 1 [,] of this section, it is the intent of this section to prohibit coverage under two retirement systems for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof shall be given retirement coverage under one of the two systems.
Sec. 9. NRS 286.330 is hereby amended to read as follows:
286.330 The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Substitute teachers and students who are employed by the institution which they attend.
6. District county judges and supreme court justices first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
κ1979 Statutes of Nevada, Page 751 (CHAPTER 424, AB 475)κ
appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
7. Members of the professional staff of the University of Nevada System who are employed on or after July 1, 1977.
8. [Employees whose age is 55 years or more at the time of employment, except an employee who has credit for prior service, including service restored by the repayment of withdrawn contributions, sufficient to enable him to accumulate credit for 10 years service before reaching the age of 65 years.] Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. Persons assigned to intermittent or temporary positions unless the assignment exceeds 120 consecutive days in any fiscal or calendar year.
Sec. 10. (Deleted by amendment.)
Sec. 11. NRS 286.501 is hereby amended to read as follows:
286.501 Each member who is employed by a school district for less than 12 months per school year and each member of the professional staff of the University of Nevada System employed for the academic year who is employed for less than 12 months per fiscal year is credited with service as follows:
1. Service is credited on the basis of a full year if the member works full time for the full school year.
2. Employment for a part of a school year is credited on a ratio of one and one-third days for each day worked, but credit shall not be given in advance or until the appropriate period has expired.
3. A full year of service is not credited until the full 12-month period has expired.
4. Service credit under this section shall be computed according to:
(a) The school year extending from September 1 to August 31 for school district employees.
(b) The fiscal year for members of the professional staff of the university.
5. A member receives full credit while on sabbatical leave if the public employer certifies that the compensation and contributions reported for the member are the same as if he were employed full time. If the employer does not so certify, the member receives credit in the proportion that his actual compensation bears to his previous compensation.
No member may receive less credit under this section than was provided under the law in force when the credit was earned.
Sec. 12. NRS 286.520 is hereby amended to read as follows:
286.520 [1. Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada which participates in the system, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada which participates in the system, or any department, branch or agency thereof for the services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he retains his employment or receives compensation.
κ1979 Statutes of Nevada, Page 752 (CHAPTER 424, AB 475)κ
shall forfeit all the benefits of this chapter so long as he retains his employment or receives compensation. The proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by him.
2. A person accepting or receiving the benefits of retirement compensation under this chapter may:
(a) Serve as a member of a board or commission of the State of Nevada or of its political subdivisions when the board or commission is advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, if such fees do not normally exceed a total of $300 in a fiscal year.
(b) Accept employment with the State of Nevada or a political subdivision thereof during any 1 fiscal year in a position not normally eligible for membership in the system without forfeiture of retirement benefits until he has earned a gross amount of $4,800, at which time the benefits of retirement compensation shall be forfeited and shall remain forfeited for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
3. Within 30 days after accepting employment under the provision of subsection 2, such person shall notify the board, in writing, of the fact of his employment. Failure to notify results in the forfeiture of retirement benefits for the period of employment.
4. A person is not eligible to accept employment for the first time after his retirement unless he has been absent from employment by the State of Nevada or a political subdivision thereof for 90 consecutive days immediately preceding his employment.
5. The retirement allowance of any retired person serving as a state legislator, county commissioner or city councilman is not affected by such service.
6. A retired employee forfeits the benefits of retirement compensation for any period during which he is employed by a public employer in a position which, except for age prohibitions, would normally be eligible for membership in the system. The public employer and the retired employee shall provide written notification to the system within 10 days after the acceptance of employment under this subsection. The system may waive this forfeiture of benefits for one period of 30 days or less if the public employer certifies in advance that the retired employee is recalled to meet an emergency and that no other qualified person is available for the position.] 1. Except as otherwise provided in subsection 3, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment if:
(1) He accepted the employment within 90 calendar days after the effective date of his retirement; or
κ1979 Statutes of Nevada, Page 753 (CHAPTER 424, AB 475)κ
(2) He is employed in a position which is eligible to participate in this system.
(b) If a retired employee accepts employment with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates immediately upon his earning more than $4,800 in any fiscal year, for the duration of that employment.
(c) If a retired employee accepts employment with an employer that is not a public employer under this system, he is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the system:
(a) Within 10 days after the first day of an employment governed by paragraph (a); and
(b) Within 30 days after the first day of an employment governed by paragraph (b),
of subsection 1.
3. The system may waive for one period of 30 days or less a retired employees disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
Sec. 13. NRS 286.551 is hereby amended to read as follows:
286.551 1. A monthly service retirement allowance shall be determined by multiplying a members average compensation by 2.5 percent for each year of service until he becomes eligible to retire, except that:
(a) If a member who is a police officer or fireman completes 30 years of service before he reaches the age of 50 years, his eligibility for service credit ceases at the age of 50 years.
(b) If any other member completes 30 years of service before he reaches the age of 55 years, his eligibility for service credit ceases at the age of 55 years.
(c) The maximum allowance under [this section] paragraph (a) or (b) is 90 percent of average compensation. The maximum allowance under any other circumstances is 75 percent of average compensation.
2. For the purposes of this section average compensation means the average of a members 36 [highest salaried] consecutive months [.] of highest compensation as certified by the public employer.
3. The retirement allowance for a regular part-time employee shall be computed from the salary which he would have received as a full-time employee.
A regular part-time employee is a person who earns retirement without having completed at least 36 months of [continuous] consecutive full-time employment.
Sec. 14. NRS 286.590 is hereby amended to read as follows:
286.590 1. The alternatives to an unmodified service retirement allowance are as follows:
(a) Option 2 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that, except as provided in subsection 5, it continue after his death for the life of the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
κ1979 Statutes of Nevada, Page 754 (CHAPTER 424, AB 475)κ
life of the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
(b) Option 3 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after his death at one-half the rate paid to him and, except as provided in subsection 5, be paid for the life of the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
(c) Option 4 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provisions that, except as provided in subsection 5, it continue after his death for the life of his beneficiary, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his beneficiary survive him, [but no payment may be made to the surviving beneficiary before] beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the deceased beneficiary.
(d) Option 5 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after his death at one-half the rate paid to him and, except as provided in subsection 5, be paid for the life of his beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his beneficiary survive him, [but no payments may be made to the surviving beneficiary before] beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated [hereunder] under this option dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the deceased beneficiary.
(e) Option 6 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after his death to the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement, should the beneficiary survive him.
(f) Option 7 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after his death to the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of election, should the beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years. If a surviving beneficiary dies after the date of the retired employees death, but before attaining age 60, all contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the beneficiary.
κ1979 Statutes of Nevada, Page 755 (CHAPTER 424, AB 475)κ
employee which have not been returned to him or his beneficiary must be paid to the estate of the beneficiary.
2. If a member enters retirement status under one of the optional plans described in this section and the duly designated beneficiary predeceases the retired employee, the retired employees monthly service retirement allowance must be automatically adjusted to the unmodified service retirement allowance provided in NRS 286.551. Upon receipt of the beneficiarys death certificate, the service retirement allowance must be adjusted beginning on the first of the month immediately following the death of the beneficiary.
3. Except as provided in subsection 5, a retired employee may not change the selected option or designated beneficiary after the effective date of retirement.
4. A retired employee who selects an unmodified service retirement allowance may relinquish his right to that allowance and apply for a refund of his remaining contributions at any time. A retired employee who selects one of options 2 to [5,] 7, inclusive, may relinquish his right and the right of the beneficiary under that option, and apply for a refund of his remaining contributions at any time. If the designated beneficiary is the spouse of the retired employee, or if the right of the beneficiary is the subject of a court order, the retired employee shall provide an acknowledged release by the beneficiary of any claim against the system or the employees contributions when applying for a refund.
5. A retired employee receiving the unmodified service retirement allowance may change his selected option and designate his current spouse as the beneficiary. The retired employee shall make this election by written designation, duly acknowledged and filed with the board and shall receive a reduced service retirement allowance actuarially based on his current allowance and his life expectancy and the life expectancy of the beneficiary. The total amount, exclusive of post-retirement allowances, paid to the retired employee and the named beneficiary pursuant to this subsection must not exceed the amount, exclusive of post-retirement allowances, which would have been paid to the retired employee if he had continued the unmodified service retirement allowance until his death.
6. A retired employee may cancel his selected option and designation of beneficiary and revert to the unmodified service retirement allowance. He shall make this election by written designation, duly acknowledged and filed with the board. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired employee respecting community property.
Sec. 15. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has 5 years or more of service and who becomes totally unable to [work due to] perform a comparable job because of injury or mental or physical illness [will] of a permanent nature is entitled to receive a disability retirement allowance if:
(a) His employment is terminated because of such disability;
(b) He is in the employ of a participating member at the time of incapacitation for service;
κ1979 Statutes of Nevada, Page 756 (CHAPTER 424, AB 475)κ
(c) He has been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation is the result of injuries incurred in the course of such employment;
(d) He files official application for disability retirement with the system prior to termination of employment with the public employer;
(e) The public employer files an official statement certifying the members employment record, work evaluations, record of disability and absences that have occurred because of the disability; and
(f) The immediate supervisor of the member files an official statement regarding the disability incident, effect upon the work of the member after the disability, job functions that can no longer be performed because of the disability, and whether or not there are related activities that can be performed by the member.
2. If 6 months or more of employment immediately precede the incapacitation, such injury or mental or physical illness need not have arisen out of and in the course of employment.
3. Such disability retirement allowance shall be calculated in the same manner and under the same conditions as provided for service retirement calculations in NRS 286.551, except that age is not a condition of eligibility and that the allowance shall be reduced by the amount of any other benefit received from any source on account of the same disability:
(a) If such benefit is provided or was purchased by the expenditure of public moneys; and
(b) To the extent that the total benefit would otherwise exceed his average compensation.
4. [A disability retiree may name a beneficiary and select a retirement option as provided in NRS 286.590.
5.] A member may apply for disability retirement even if he is eligible for [regular] service retirement.
Sec. 16. NRS 286.672 is hereby amended to read as follows:
286.672 1. Except as provided in subsection 3, if a deceased member has had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death or if his rights under this chapter were vested, certain of his dependents are eligible for payments as provided in NRS 286.671 to 286.6791, inclusive. If the death of such member resulted from a mental or physical condition which required him to leave the employ of a participating public employer [,] or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after such termination [.] , or commencement of leave without pay.
2. If the death of a member occurs while he is on leave of absence granted by his employer for further training, and if he met the requirements of subsection 1 at the time such leave began, certain of his dependents are eligible for payments as provided in subsection 1.
3. If the death of a member is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior contributing service is required to make his dependents eligible for payments under NRS 286.671 to 286.6791, inclusive, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.
κ1979 Statutes of Nevada, Page 757 (CHAPTER 424, AB 475)κ
traveling between his home and his principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.
Sec. 17. NRS 286.673 is hereby amended to read as follows:
286.673 1. Except as limited by [subsections 2 and 3, every child of a deceased member is entitled to receive the sum of $150 per month. Payments under this section shall begin on the first day of the month following the death of the member and shall terminate with respect to any child upon his adoption, death or marriage, or upon his attaining the age of 18 years. These benefits may be extended from age 18 up to age 23 if the child remains a full-time student in a bona fide high school, vocational technical school, college or university. The board shall establish requirements for determining whether or not the child is a full-time student and may discontinue benefits under this section at any time that the child fails to comply. Benefits under this section shall not be reestablished for a child once they have been legally canceled. If a financially dependent child is adjudged physically or mentally incompetent by the board, whose decision is final, payments may be continued past the age of 18 years but may be terminated by the board at any time upon determination by the board that such dependence and incompetency no longer exist. Payments under this section may be made directly to the surviving parent or to a legally appointed guardian of a child.
2. The child of a member who died before May 19, 1975, is entitled to receive only $75 per month, and the maximum aggregate amount payable to three or more such children is $210 per month.
3. If there are three or more children of a member who died before May 19, 1977, the maximum aggregate amount payable to such children is $450 per month.] subsection 6 of this section and NRS 286.6775, each child of a deceased member is entitled to receive the sum of $150 per month, beginning on the first day of the month following the members death.
2. Except as provided in subsections 3 and 4, payments to any child cease upon:
(a) His adoption;
(b) His death;
(c) His marriage; or
(d) His attaining the age of 18 years.
3. These benefits may be paid to the child of a deceased member up to attainment of his 23rd birthday if he was, at the time of the members death, and continues thereafter to be, a full-time student in any accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
4. These benefits may be commenced or extended indefinitely beyond a childs 18th birthday if and so long as he is determined by the system to be:
(a) Financially dependent; and
(b) Physically or mentally incompetent.
κ1979 Statutes of Nevada, Page 758 (CHAPTER 424, AB 475)κ
5. All benefits under this section may be paid by the system to the childs:
(a) Surviving parent; or
(b) Legal guardian.
6. The child of a member who died before May 19, 1975, is entitled to receive only $75 per month, and the maximum aggregate amount payable to three or more such children is $210 per month. If there are three or more children of a member who died before May 19, 1977, the maximum aggregate amount payable to them is $450 per month.
7. The board shall establish uniform standards and procedures for determining whether a child is:
(a) A full-time student;
(b) Financially dependent; and
(c) Physically or mentally incompetent.
Sec. 18. NRS 286.676 is hereby amended to read as follows:
286.676 1. Except as limited by subsection 2, the spouse of a deceased member whose allowance was fully vested [,] is entitled to receive a monthly allowance equivalent to that provided by Option 3 in NRS 286.590. For purposes of applying the provisions of Option 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under Option 3. This benefit must be computed without any reduction for age of the deceased member. The benefits provided by this subsection shall be paid to the spouse for the remainder of such spouses life. The spouse [is entitled to receive the benefits provided by this section or by NRS 286.674, whichever provides the greater benefit.] may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) NRS 286.674; or
(c) NRS 286.678.
2. The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the members death and to the amounts provided in this subsection. If, at the time of his death, such a member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive the sum of $100 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, a member had 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive $125 per month or 50 percent of the average salary received by such member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, shall cease upon the death or remarriage of the spouse. Benefits under this section shall not be renewable following termination.
Sec. 19. NRS 286.6775 is hereby amended to read as follows:
286.6775 The amount of each monthly allowance paid since May 19, 1977, as specified in NRS 286.673 to 286.677, inclusive, shall not exceed the deceased members average compensation and shall be reduced by the amount of any other benefit received from any source:
κ1979 Statutes of Nevada, Page 759 (CHAPTER 424, AB 475)κ
exceed the deceased members average compensation and shall be reduced by the amount of any other benefit received from any source:
1. If that benefit was provided or purchased by the expenditure of [public money;] money by a public employer in this state, except for lump sum payments under a group insurance program; and
2. To the extent that the total of the allowance and the other benefit would otherwise exceed the deceased members average compensation.
Sec. 20. NRS 286.686 is hereby amended to read as follows:
286.686 1. The board may invest the moneys in its funds in real property, real property mortgages and leases of real property if the board first obtains appraisals and other studies by qualified professionals establishing the value of the property and the probable return on such proposed investment.
2. The board [shall not] may invest in real property mortgages [which exceed 70] or deeds of trust up to 80 percent of the appraised value of the real property [secured by the mortgage.] if the mortgage or deed of trust is secured by a first lien on the property.
3. The board may enter into contracts as it deems necessary to execute and manage investments pursuant to this chapter. Reimbursements to employees for their expenses incurred in evaluations or inspections conducted with respect to proposed real estate investments must be paid from commitment fees paid to the system by prospective borrowers.
Sec. 21. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 23.5 of this act.
Sec. 22. (Deleted by amendment.)
Sec. 23. Any person convicted of the murder or voluntary manslaughter of a member of the system is ineligible to receive any benefit conferred by any provision of this chapter by reason of the death of that member. The system may withhold the payment of any benefit otherwise payable under this chapter by reason of the death of any member from any person charged with the murder or voluntary manslaughter of that member, pending final determination of those charges.
Sec. 23.5. 1. A member who participated in a system combined with Social Security may purchase service pursuant to NRS 286.300 if he cancels his membership in the other retirement system, and the fact that Social Security coverage cannot be canceled does not affect his rights under this section. A member may also purchase service performed in another public employment which provided only Social Security coverage.
2. A member who provides proper documentation and establishes the right to purchase any of the service listed in NRS 286.300 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the normal employee and employer contribution rates which are in effect at the time of the members retirement times his final average compensation, and without interest. Service purchased under this subsection may not be credited until retirement. This service can be used for service retirement eligibility.
3. The employing agency may pay any portion of the cost to validate service under this section, but is not required to do so. No credit, however, may be validated unless both the employer and the employee contributions have been paid.
κ1979 Statutes of Nevada, Page 760 (CHAPTER 424, AB 475)κ
4. The member or public employer, or both, purchasing credit under this section shall pay the full current administrative fees for each month of service purchased.
Sec. 24. (Deleted by amendment.)
Sec. 25. NRS 218.2379 is hereby amended to read as follows:
218.2379 1. Within a reasonable time after July 1, 1967, the board shall notify all incumbent legislators in writing concerning credit for service, other than legislative service, covered under the public employees retirement system. Unless the legislator requests in writing within 30 days after receipt of such written notice that his service, other than legislative service, be continued under the public employees retirement system, the board shall transfer from the public employees retirement fund all sums contributed by the legislator through service, other than legislative service, together with the sums contributed by his employer for such service. The service so transferred shall be accredited under the legislators retirement system as if performed in a legislative capacity. Service so transferred may be retransferred to the public employees retirement system, and the related contributions shall then be returned to the public employees retirement fund, at any time when the person ceases to be a legislator and reestablishes membership in the public employees retirement system.
2. Except for the transfer of service from the public employees retirement system to the legislators retirement system, as provided in this section, service after July 1, 1967, as a legislator cannot be accredited under the public employees retirement system and service in capacities covered by the public employees retirement system cannot be accredited under the legislators retirement system.
3. Nothing in NRS 218.2371 to 218.2395, inclusive, or in any other law [shall be construed to prevent or prohibit coverage of an individual] prevents or prohibits coverage of a person under both the public employees retirement system and the legislators retirement system when service is compatible with the provisions of each system.
4. Legislators receiving retirement allowances from the public employees retirement system on July 1, 1967, are not eligible for transfer to the legislators retirement system.
[5. Persons accepting or receiving the benefits of retirement compensation under NRS 218.2371 to 218.2395, inclusive, may:
(a) Be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $2,400, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
κ1979 Statutes of Nevada, Page 761 (CHAPTER 424, AB 475)κ
is employed for any period of time by the State of Nevada or its political subdivisions.
6. Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
7. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.]
Sec. 26. NRS 218.2393 is hereby amended to read as follows:
218.2393 1. A person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, who is elected or appointed to the legislature shall not receive a retirement allowance during the period of time in which he serves as a legislator. Upon reentry into retirement he may receive a retirement allowance based upon his previous service and his added service.
2. Except as otherwise provided in subsection 4, the consequences of the employment of a person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, in any other capacity than as a legislator are:
(a) A retired legislator who accepts employment with a public employer under the public employees retirement system is disqualified from receiving any allowances under the legislators retirement system for the duration of that employment if:
(1) He accepted the employment within 90 calendar days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in the public employees retirement system.
(b) If a retired legislator accepts employment with a public employer under the public employees retirement system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in the public employees retirement system his allowance under the legislators retirement system terminates immediately upon his earning more than $4,800 in any fiscal year, for the duration of that employment.
(c) If a retired legislator accepts employment with an employer that is not a public employer under the public employees retirement system, he is entitled to the same allowances as a retired legislator who has no employment. 3. The retired legislator and the public employer shall notify the board:
(a) Within 10 days after the first day of an employment governed by paragraph (a); and
(b) Within 30 days after the first day of an employment governed by paragraph (b),
of subsection 2.
4. The board may waive for one period of 30 days or less a retired legislators disqualification under this section if the public employer certifies in writing, in advance, that the retired legislator is recalled to meet an emergency and that no other qualified person is immediately available.
κ1979 Statutes of Nevada, Page 762 (CHAPTER 424, AB 475)κ
legislators disqualification under this section if the public employer certifies in writing, in advance, that the retired legislator is recalled to meet an emergency and that no other qualified person is immediately available.
Sec. 27. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any member of the legislators retirement system may purchase all previous creditable service performed in the legislature if such service was performed prior to the creation of this system. The director of the legislative counsel bureau must certify the inclusive dates of service of the legislator to validate the service. The legislator must pay the boards actuary for a computation of costs and pay the full cost as determined by the actuary.
2. Any legislator may purchase credit for any period of service for which contributions were not paid while the legislator was receiving temporary total disability benefits for an industrial injury, if the injury was sustained in performance of his legislative duties for which contributions were required. The legislator must pay the boards actuary for any necessary computation, and must also pay the full actuarial costs determined by the actuary.
3. Any legislator who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public system if that service is no longer creditable in the other system. To validate such service, the legislator must obtain a certification of the inclusive dates of previous service performed with the other public system, together with certification from that system that his credit is no longer creditable in the other system. Upon application to retire, the board shall ascertain whether or not the purchased service has been reestablished in the other system. The legislator must pay the boards actuary for the computation and pay the full actuarial costs as determined by the actuary.
4. Any legislator who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if such service is no longer credited in the military retirement system. To validate military service, the legislator must provide certification of the inclusive dates of active military service performed, pay the boards actuary for the computation and pay the full actuarial cost as determined by the actuary.
5. Any contributing legislator may purchase previous service performed for any public employer which was not credited in the public employees retirement system, including service as an elected officer or a person appointed to an elective office for an unexpired term. The former public employer must certify the inclusive dates of employment and number of hours regularly worked by the legislator to validate such service. The legislator must pay the boards actuary for a computation of cost and pay the full cost as determined by the actuary.
6. A legislator who provides proper documentation and establishes the right to purchase any of the service listed in this section may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the normal employee and employer contribution rates which are in effect at the time of the legislators retirement times his final average salary and without interest.
κ1979 Statutes of Nevada, Page 763 (CHAPTER 424, AB 475)κ
final average salary and without interest. Service purchased under this subsection must not be credited until retirement, nor may it be considered as validated service to provide eligibility for vesting, survivor benefits or disability retirement. This service can be used for regular retirement eligibility.
7. The legislative commission may pay from the legislative fund the employers share of the cost to validate service under this section, but is not required to do so. No credit, however, may be validated unless both the employer and employee contributions have been paid.
8. The legislator or legislative commission, or both, purchasing credit under this section shall pay the full current administrative fees for each month of service purchased.
Sec. 27.5. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a special revenue fund for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund must be provided by legislative appropriation from the state general fund.
3. Expenditures from the legislative fund may be made for:
(a) The payment of necessary operating expenses of the senate;
(b) The payment of necessary operating expenses of the assembly;
(c) The payment of necessary improvements to the legislative building and its grounds;
(d) The payment of necessary operating expenses of but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The audit division;
(5) The fiscal analysis division; and
(6) The service division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All money in the legislative fund must be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
Sec. 28. Any public employee employed before July 1, 1979, who was 55 years of age or older at the commencement of his public employment, may participate in the system on or at any time after July 1, 1979, by filing his application with the system. Upon receipt of such application, the system shall notify the applicant and his public employer of the amounts of their respective contributions and the first date on which they must be paid.
Sec. 28.5. The retirement allowance of any person holding an elective office to which he was first elected before the effective date of the enactment of NRS 286.321 in 1975 or the amendment of NRS 286.520 in 1979 and has since continuously held is not affected by those respective amendments.
κ1979 Statutes of Nevada, Page 764 (CHAPTER 424, AB 475)κ
Sec. 29. 1. This section and sections 2, 3, 10, 12, 16, 17, 19 to 23, inclusive, 25 to 27, inclusive, and 28.5 of this act shall become effective upon passage and approval.
2. Sections 7 and 18 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 489Committee on Commerce
CHAPTER 425
AN ACT relating to industrial insurance; increasing benefits for death resulting from industrial accident; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.615 is hereby amended to read as follows:
616.615 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and [shall be] is payable in the amount to and for the benefit of the following:
1. Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed [$1,200.] $2,500. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to it approval, [provided, such] but the transportation shall not be beyond the continental limits of the United States.
2. Widow. To the widow, 66 2/3 percent of the average monthly wage. This compensation shall be paid until her death or remarriage, with 2 years compensation in one sum upon remarriage.
3. Widower. To the widower, 66 2/3 percent of the average monthly wage. This compensation shall be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
4. Children who survive a widow or widower.
(a) In case of the subsequent death of the surviving spouse any surviving child or children of the deceased employee shall share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and [the same shall be] it is payable until the youngest reaches the age of 18 years.
(b) If the children have a guardian, the compensation on account of [such children] them may be paid to the guardian.
(c) Except as provided in subparagraphs (1) and (2), the entitlement of any child to receive his proportionate share of compensation under this section shall cease when he dies, marries or reaches the age of 18 years. A child is entitled to compensation under this section if he is:
κ1979 Statutes of Nevada, Page 765 (CHAPTER 425, AB 489)κ
(1) Over 18 years and incapable of self-support, until such time as he becomes capable of self-support; or
(2) Over 18 years and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.
(d) Upon the remarriage of a widow or widower with children, the widow or widower shall be paid 2 years compensation in one lump sum and further benefits shall cease. Following the remarriage by the widow or widower with children, each child shall be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.
5. Surviving children but no surviving spouse. If there is a surviving child or children of the deceased employee under the age of 18 years, but no surviving spouse, then each child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support until he reaches the age of 18 years or, if enrolled full-time in an accredited vocational or educational institution, until he reaches the age of 22 years.
6. Dependent parents, brothers and sisters. If there is no surviving spouse or child under the age of 18 years, there shall be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 33 1/3 percent of the average monthly wage.
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 66 2/3 percent of the average monthly wage.
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.
(d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 66 2/3 percent of the average monthly wage.
7. Questions of total or partial dependency.
(a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to [such] the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
κ1979 Statutes of Nevada, Page 766 (CHAPTER 425, AB 489)κ
may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
9. Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.
10. Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed [$1,200] $2,500 shall be paid.
________
Assembly Bill No. 831Committee on Commerce
CHAPTER 426
AN ACT relating to apprentices; reducing the minimum hours of experience required to be provided apprentices under indentures; setting a time limit for submission of indentures to the state apprenticeship council; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 610.010 is hereby amended to read as follows:
610.010 As used in this chapter, apprentice means a person who is covered by a written agreement with an employer, or with an association of employers or an organization of employees acting as agent for an employer, which apprenticeship agreement:
1. Is approved by the state apprenticeship council.
2. Provides for not less than [4,000] 2,000 hours of reasonably continuous employment for [such] the person.
3. Provides for his participation in an approved schedule of work experience through employment and for at least 144 hours per year of related supplemental instruction.
Sec. 2. NRS 610.160 is hereby amended to read as follows:
610.160 1. No apprentice indenture under this chapter [shall be] is effective until the indenture is approved by the local joint apprenticeship committee. [and a] A copy of the [same has been] indenture must be forwarded within 10 days after approval to the state apprenticeship council for review.
2. Every apprentice indenture [shall] must be signed by the employer, [or] by an association of employers or by an organization of employees acting as agent for an employer, as provided in NRS 610.150 and 610.170, and by the apprentice. If the apprentice is a minor, the apprentice indenture [shall] must also be signed by:
(a) Both parents, if [such] the minor is living with both parents;
κ1979 Statutes of Nevada, Page 767 (CHAPTER 426, AB 831)κ
(b) The custodial parent, if [such] the minor is living with only one parent; or
(c) [Such] The minors legal guardian.
3. Where a minor enters into an apprentice indenture under this chapter for a period of training extending into his majority, the apprentice indenture [shall] is likewise [be] binding for [such a period as may be] the period covered during [the apprentices] his majority.
________
Senate Bill No. 11Senator Raggio
CHAPTER 427
AN ACT relating to the Nevada Life and Health Insurance Guaranty Association; providing limitations on certain contractual obligations; providing for uniform collection of certain assessments; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 686C.210 is hereby amended to read as follows:
686C.210 Subject to the provisions of NRS 686C.160, the liability of the association for contractual obligations of impaired insurers is limited as follows:
1. The liability with respect to accident and health insurance is limited to actual claims of insureds for disability resulting from accident or sickness.
2. The [contractual obligations of the impaired insurer for which the association becomes or may become liable are] liability with respect to life and annuity insurance is as great as but no greater than the contractual obligations of the impaired insurer would have been in the absence of an impairment. [unless such obligations are reduced as permitted by NRS 686C.160, but the association is not liable with respect to any portion of a covered policy to the extent that the death benefit coverage on any one life exceeds an aggregate of $200,000.]
3. The aggregate liability under subsections 1 and 2 must not exceed $100,000 in cash values or $300,000 for all benefits, including cash values, with respect to any one insured.
Sec. 2. NRS 686C.240 is hereby amended to read as follows:
686C.240 1. [The amount of any Class A assessment for each account shall be determined by the board.] Class A assessments against member insurers must be:
(a) Determined each year by the board;
(b) Not more than $25 per year for each member insurer; and
(c) Uniform among member insurers.
2. The amount of any Class B or C assessment [shall] must be divided among the accounts in the proportion that the premiums received by the impaired insurer on the policies covered by each account bears to the premiums received by such insurer on all covered policies.
κ1979 Statutes of Nevada, Page 768 (CHAPTER 427, SB 11)κ
by the impaired insurer on the policies covered by each account bears to the premiums received by such insurer on all covered policies.
[2. Class A and Class C assessments against member insurers for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account bears to such premiums received on business in this state by all assessed member insurers.]
3. Class B assessments for each account [shall] must be made separately for each state in which the impaired domestic insurer was authorized to transact insurance at any time, in the proportion that the premiums received on business in [such] that state by the impaired insurer on policies covered by [such] the account bears to [such] the premiums received in all [such] those states by the impaired insurer. The assessments against member insurers [shall] must be in the proportion that the premiums received on business in each [such] state by each assessed member insurer on policies covered by each account bears to [such] the premiums received on business in each state by all assessed member insurers.
4. Class C assessments against member insurers for each account must be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account bears to premiums received on business in this state by all assessed member insurers.
5. Assessments for [funds] money to meet the requirements of the association with respect to an impaired insurer [shall] must not be made until necessary to [implement] carry out the purposes of this chapter. Classification of assessments under subsection 2 of NRS 686C.230 and computation of assessments under this section [shall] must be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.
________
Senate Bill No. 42Committee on Government Affairs
CHAPTER 428
AN ACT relating to the sale of state lands; placing limitations on the authority of the division of Colorado River resources of the department of energy to dispose of land in the Eldorado Valley; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 321.450 is hereby amended to read as follows:
321.450 1. The administrator, with the advice of the advisory group, [is authorized to] and the board of county commissioners of Clark County may undertake such engineering and planning studies and surveys and to take such other action as may be necessary for the development of Eldorado Valley.
κ1979 Statutes of Nevada, Page 769 (CHAPTER 428, SB 42)κ
2. The administrator, with the concurrence of the legislative commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures adopted by him.
3. Unless another proposal is pending as described in subsection 4, the board of county commissioners of Clark County may at any time propose to purchase part or all of the land described in subsection 2 of NRS 321.410. If the proposal is rejected by the administrator, the board of county commissioners may request a hearing on the matter before the legislative commission.
4. The administrator shall notify the board of county commissioners of Clark County of any proposal made by a person who appears to be ready, willing and able to purchase any of the land described in subsection 2 of NRS 321.410. The board may, within 60 days, comment on the proposal or make an offer to purchase any of the land. The administrator shall submit the proposal or proposals to the legislative commission for its concurrence.
5. Sale of land to any purchaser must be made pursuant to the terms and conditions established by federal law or by the Secretary of the Interior, and the price must include a sum sufficient to reimburse the state for all its actual costs.
[3.] 6. The administrator, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment [shall] must be made by written instrument, [shall] be approved by the attorney general, and [shall] be forwarded to the Secretary of the Interior.
[4.] 7. The administrator shall provide the members of the advisory group with industrial insurance through the Nevada industrial commission.
Sec. 2. Section 2 of chapter 462, Statutes of Nevada 1975, at page 715, is hereby amended to read as follows:
Sec. 2. Division means the division of Colorado River resources of the [state] department of [conservation and natural resources.] energy.
Sec. 3. Section 4 of chapter 462, Statutes of Nevada 1975, at page 716, is hereby amended to read as follows:
Sec. 4. 1. The division, on the behalf and in the name of the State of Nevada, may by order of the administrator of the division, following a report by the administrator which advises the legislative commission of any proposed purchase of land and terms of such purchase between the Secretary of the Interior and the division acting on behalf of the state:
(a) Acquire, hold, maintain and improve the federal lands;
(b) Acquire, hold, maintain, improve and, if he receives the approval required by subsection 2, dispose of properties appertaining to the federal lands to be acquired, including without limitation, water and water rights for the benefit and welfare of the people of the state;
κ1979 Statutes of Nevada, Page 770 (CHAPTER 428, SB 42)κ
(c) Acquire the federal lands, wholly or in part, directly by contracts with the Federal Government which comply with the prerequisites enumerated in P.L. 85-339, March 6, 1958; 72 Stat. 32, and NRS 321.400 to 321.460, inclusive.
(d) Borrow money and otherwise become obligated in a total principal amount of not exceeding $2,000,000 to defray wholly or in part the cost of acquiring the federal lands, including but not limited to, the cost of paying the interest on said principal amount for a period not to exceed 3 years from the date of issue, and issue state securities to evidence such obligations.
2. The administrator may dispose of land, water or water rights only after receiving the approval of the legislative commission.
Sec. 4. Section 5 of chapter 462, Statutes of Nevada 1975, at page 715, is hereby amended to read as follows:
Sec. 5. 1. Subject to the limitations as to maximum principal amounts in section 4 of this act, the division may issue to defray the costs of the project, or any part thereof, at any time or from time to time after the effective date of this act, but not after [5] 20 years from the effective date thereof and in accordance with the provisions of the State Securities Law:
(a) General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues;
(b) Revenue bonds and other securities constituting special obligations and payable from net pledged revenues; or
(c) Any combination of such securities.
2. Nothing in this act shall prevent the division from funding, refunding or reissuing any outstanding state securities issued by the division at any time as provided in the State Securities Law.
3. Subject to existing contractual obligations, the net revenues pledged for the payment of state securities by the division may be derived from the sale of all or any part of the federal lands to be acquired by the division on behalf of the State of Nevada with the proceeds of the securities to be issued hereunder.
Sec. 5. The title of chapter 462, Statutes of Nevada 1975, is hereby amended to read as follows:
AN ACT relating to acquisition of certain federal lands in Eldorado Valley; authorizing the division of Colorado River resources of the [state] department of [conservation and natural resources] energy on behalf of the State of Nevada to acquire certain federal lands in the Eldorado Valley and to issue securities therefor; relating to the acquisition, maintenance, improvement and disposition of properties appertaining to such federal lands; otherwise concerning such securities and properties, revenues, taxes, pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.
________
κ1979 Statutes of Nevada, Page 771κ
Senate Bill No. 163Senator Jacobsen
CHAPTER 429
AN ACT relating to property taxation; reducing the time in which an action to recover property sold for delinquent taxes may be brought; providing for the disposition of surplus proceeds from the sale of property sold for delinquent taxes; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.600 is hereby amended to read as follows:
361.600 No action or counterclaim for the recovery of lands sold for taxes [shall lie] lies unless [the same be] it is brought or interposed within [3 years] 2 years after the execution and delivery of the deed therefor by the county treasurer. [, any law to the contrary notwithstanding.]
Sec. 2. NRS 361.610 is hereby amended to read as follows:
361.610 1. [The county treasurer, for his services under this chapter, shall be allowed, upon the sale of any parcel of property held by him in trust or out of its rents, a reasonable compensation for his trouble, to be fixed by the board of county commissioners in each case.
2.] Out of the sale price or rents of any property of which he is trustee, the county treasurer shall pay the costs due any officer for the enforcement of the tax upon [such] the parcel of property and all taxes owing thereon; and upon the redemption of any property from him as trustee, he shall pay the redemption money over to any officers having fees due them from [such] the parcels of property and pay the tax for which it was sold and pay the redemption percentage according to the proportion [such] those fees respectively bear to [such] the tax.
[3.] 2. In no case [shall] may any service rendered by any officer under this chapter become or be allowed as a charge against the county, nor [shall] may the sale price or rent or redemption money of any one parcel of property be appropriated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed.
[4.] 3. After paying all the tax and costs upon any one parcel of property, [any balance remaining in the hands of the trustee shall be paid into the general fund of the county by him.] the county treasurer shall pay into the general fund of the county, from the excess proceeds of the sale:
(a) The first $300 of the excess proceeds; and
(b) Ten percent of the next $2,000 of the excess proceeds.
4. The amount remaining after the county treasurer has paid the amount required by subsection 3 must be deposited in an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the money within 2 years after the deed given by the county treasurer is recorded, the county treasurer shall pay the money into the general fund of the county, and it must not thereafter be refunded to the former property owner or his successors in interest. All interest paid on money deposited in the account required by this subsection is the property of the county.
κ1979 Statutes of Nevada, Page 772 (CHAPTER 429, SB 163)κ
5. If a person who would have been entitled to receive reconveyance of the property pursuant to NRS 361.585 makes a claim in writing for the balance within 2 years after the deed is recorded, the county treasurer shall pay it or his proper portion over to him if he is satisfied that the person is entitled to it.
________
Senate Bill No. 236Committee on Judiciary
CHAPTER 430
AN ACT relating to the licensing and control of gaming; making various changes to the laws regulating gaming; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.011 is hereby amended to read as follows:
463.011 Game or gambling game means any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, [stud poker, draw] poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, [or] slot machine or any other game or device approved by the commission, but [shall] does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations which are approved by the board pursuant to the provisions of NRS 463.409.
Sec. 2. NRS 463.075 is hereby amended to read as follows:
463.075 [1.] The board shall [be organized in three functional] consist of the following divisions: [Administrative, fiscal and surveillance.]
1. Administrative;
2. Audit;
3. Corporate securities and economic research;
4. Enforcement;
5. Investigations; and
6. Tax and license.
[2. The administrative division, under the supervision of the executive director and the executive secretary, shall perform all general administrative and clerical functions of the board and the commission, including maintenance of files and records, budgeting, personnel administration and purchasing, and shall provide all necessary clerical and other services to the commission and the other divisions of the board.
3. The fiscal division, under the supervision of the fiscal director, shall perform all fiscal functions of the board, including economic research, tax collection and auditing.
κ1979 Statutes of Nevada, Page 773 (CHAPTER 430, SB 236)κ
shall perform all fiscal functions of the board, including economic research, tax collection and auditing.
4. The surveillance division, under the supervision of the surveillance director, shall perform all enforcement and investigative functions of the board.
5. The executive secretary shall assist the executive director in administrative matters, and shall also serve as executive secretary to the commission.]
Sec. 3. NRS 463.085 is hereby amended to read as follows:
463.085 1. The position of executive secretary of the state gaming control board and of the Nevada gaming commission is hereby created.
2. The executive secretary [shall:
(a) Be] :
(a) Is appointed by the board with the approval of the commission, and may be removed by the board with the concurrence of the commission.
(b) [Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills.
(c) Receive an annual salary in the amount specified by the commission within the limits of legislative appropriations or authorizations.
(d) Devote] Is responsible for the conduct of the commissions administrative matters and shall assist the board in administrative matters.
(c) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
3. The executive secretary is entitled to an annual salary in the amount specified by the commission within the limits of legislative appropriations or authorizations.
Sec. 4. NRS 463.110 is hereby amended to read as follows:
463.110 1. [Regular] The board may hold regular and special meetings [of the board may be held, at the discretion of the board,] at such times and places as it may deem convenient, but it shall hold at least one regular meeting [shall be held in Carson City, Nevada,] each month.
2. [Public notice of the time and place of special meetings shall be given at least 7 days prior to each meeting.
3.] All meetings of the board [shall be] are open to the public except for investigative hearings which may be conducted in private at the discretion of the board or hearing examiner.
[4.] 3. A majority of the members [shall constitute] constitutes a quorum of the board, and a majority of members present at any meeting [shall determine] determines the action of the board.
[5.] 4. Investigative hearings may be conducted by one or more [board] members with the concurrence of a majority of the board, or by a hearing examiner appointed by the board, without notice, at such times and places, within or without the state of Nevada, as may be convenient.
Sec. 5. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings [had] at regular and special meetings of the board and the commission, which records [shall be] are open to public inspection.
κ1979 Statutes of Nevada, Page 774 (CHAPTER 430, SB 236)κ
and kept a record of all proceedings [had] at regular and special meetings of the board and the commission, which records [shall be] are open to public inspection.
2. The board shall [keep and] maintain a file of all applications for licenses under this chapter, together with a record of all action taken with respect to such applications, which file and record [shall be] are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. All information and data required by the board or commission to be furnished to it [hereunder] under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee [shall be considered] are confidential and [shall] must not be revealed in whole or in part except as follows:
(a) In the course of the necessary administration of this chapter.
(b) Upon the lawful order of a court of competent jurisdiction.
(c) To a duly authorized agent of any agency of the United States government or of any state, including but not limited to agents of the Federal Bureau of Investigation, the United States Treasury Department or the [Commissioner of the] Internal Revenue Service of the United States or the United States Securities and Exchange Commission pursuant to [rules and] regulations adopted by the commission.
5. All information and data pertaining to an applicants criminal record, antecedents and background, other than financial, furnished to or obtained by the board or the commission from any source, may be considered confidential and may be withheld in whole or in part; except that any information [shall] must be released upon lawful order of a court of competent jurisdiction.
6. Notice of the content of any information or data furnished or released pursuant to subsections 4 and 5 may be given to any applicant or licensee in a manner prescribed by [rules and] regulations adopted by the commission.
7. The files, records and reports of the board [shall] are open at all times [be open] to inspection by the commission and its duly authorized agents.
8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission [shall] must be made available to the state gaming control board and the Nevada gaming commission as is necessary to the administration of this chapter.
Sec. 6. NRS 463.144 is hereby amended to read as follows:
463.144 The commission and the board may refuse to reveal, in any court or administrative proceeding except a proceeding brought by the State of Nevada, the identity of an informant, or the information obtained from the informant, or both the identity and the information.
Sec. 7. NRS 463.154 is hereby amended to read as follows:
463.154 The commission may revoke, limit, condition, suspend or fine an individual licensee or an establishment licensed to conduct any gambling game [or] , horse race book, pari-mutuel wagering [,] or sports pool, in accordance with the laws of the State of Nevada and the regulations of the commission, if that establishment or any individual licensee affiliated therewith fails to exclude or eject from the premises of the licensed establishment of any person placed on the list of persons to be excluded or ejected.
κ1979 Statutes of Nevada, Page 775 (CHAPTER 430, SB 236)κ
licensee affiliated therewith fails to exclude or eject from the premises of the licensed establishment of any person placed on the list of persons to be excluded or ejected.
Sec. 8. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool;
(b) To provide or maintain any information service the primary purpose of which it to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, horserace book or sports pool,
without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.
4. It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which such person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.
5. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried or in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, is guilty of a gross misdemeanor.
6. Any licensee who puts additional games or slot machines into play or displays such games or slot machines in a public area without authority of the commission to do so is subject to the penalties provided in NRS 463.310.
7. The provisions of subsections 2, 3 and 4 do not apply to any person:
κ1979 Statutes of Nevada, Page 776 (CHAPTER 430, SB 236)κ
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.
(c) Which is a wholly owned subsidiary of:
(1) A corporation holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.
(d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.
Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate licensee and the entities enumerated in paragraph (c) are permitted under this subsection.
8. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which such person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require such arrangement to be terminated.
9. If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with such licensee, the commission may, upon recommendation of the board, require [the licensee to present] the application of any business or person [doing business on the premises] for a determination of suitability to be associated with a gaming enterprise [in accordance with the procedures set forth in this chapter.] if the person or business:
(a) Does business on the premises of the licensed gaming establishment;
(b) Does business with the licensed gaming establishment as a junket representative or ticket purveyor; or
(c) Provides any goods or services to the licensed gaming establishment for a compensation which the board finds to be grossly disproportionate to the value of the goods or services.
If the commission determines that such business or person is unsuitable to be associated with a gaming enterprise, such association shall be terminated. Any agreement which entitles a business other than gaming to be conducted on such premises, or entitles a person or business other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of this subsection, is subject to termination upon a finding of unsuitability of the business or of any person associated therewith.
κ1979 Statutes of Nevada, Page 777 (CHAPTER 430, SB 236)κ
conducted on such premises, or entitles a person or business other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of this subsection, is subject to termination upon a finding of unsuitability of the business or of any person associated therewith. 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. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.
Sec. 9. NRS 463.312 is hereby amended to read as follows:
463.312 1. The complaint referred to in NRS 463.310 and 464.080 [shall] must be a written statement of charges which [shall] must set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It [shall] must specify the statutes and regulations which the respondent is alleged to have violated, but [shall] must not consist merely of charges raised in the language of the statutes or regulations.
2. Upon the filing of the complaint, the commission shall serve a copy of the complaint upon the respondent either personally, or by registered or certified mail at his address on file with the commission.
3. The commission shall include with the copy of the complaint served upon respondent three copies of a form entitled Notice of Defense which, when completed and signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the complaint and constitute a Notice of Defense under subsection 5 hereof.
4. The notice of defense [shall] must read substantially as follows:
NOTICE OF DEFENSE
Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
Yes No
1. Do you request a hearing?............................................................................................................................. □ □
2. Do you admit the facts stated in the complaint?........................................................................................ □ □
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?......... □ □
If so, please specify:
(space for answer)
κ1979 Statutes of Nevada, Page 778 (CHAPTER 430, SB 236)κ
4. Do you wish to state any legal objections to the complaint?.................................................................. □ □
If so, please specify:
(space for answer)
Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.
5. Within 15 days after the service upon him of the complaint, the respondent may file with the commission a notice of defense in which he may:
(a) Request a hearing;
(b) Admit the accusation in whole or in part;
(c) Present new matter or explanations by way of defense; and
(d) State any legal objections to the complaint.
Within the time specified, the respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices [shall] must be filed within the [period specified above] time specified unless the commission [, in its discretion,] authorizes the filing of a later notice.
6. The respondent [shall be] is entitled to a hearing on the merits if he files a notice of defense within the time allowed by subsection 5, and [any such] the notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed by subsection 5 [shall constitute] constitutes a waiver of respondents right to a hearing and to judicial review of any decision or order of the commission, but the commission [, in its discretion,] may nevertheless order a hearing. All affirmative defenses must be specifically stated and unless objection is taken as provided in paragraph (d) of subsection 5, all objections to the form of the complaint shall be deemed waived.
7. The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents notice of defense. The commission shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days prior to the hearing. Unless the respondent consents, the hearing [shall not be prior to] must not be held before the expiration of the time within which the respondent is entitled to file a notice of defense.
8. The notice of hearing [shall] must be substantially in the following form, but may include other information:
You Are Hereby Notified that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the day of , 19 , at the hour of..................... , upon the charges made in the complaint served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.
9. Notwithstanding any other provisions of this section, the commission may issue an emergency order for suspension, limitation or conditioning of a license, registration, finding of suitability, pari-mutuel license or prior approval, or may issue an emergency order requiring a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment in the following manner:
κ1979 Statutes of Nevada, Page 779 (CHAPTER 430, SB 236)κ
or prior approval, or may issue an emergency order requiring a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment in the following manner:
(a) An emergency order [shall] may be issued only when the commission believes that:
(1) There has been a violation of subsection 2 of NRS 463.360 or NRS 465.083;
(2) Such action is necessary to prevent a violation of NRS 465.083; [or]
(3) There has been a violation of subsection 1 of NRS 463.160; or
(4) Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
(b) The emergency order [shall] must set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.
(c) An emergency order may be issued only with the approval of and upon signature by not less than three members of the commission.
(d) The emergency order [shall be] is effective immediately upon issuance and service upon the licensee or resident agent of the licensee or, in cases involving registrations, findings of suitability, pari-mutuel licenses or any prior approval, [the emergency order shall become effective] upon issuance and service upon the person or entity involved or resident agent of the entity involved. The emergency order may suspend, limit, condition or take other action in relation to the license of one or more [individuals] persons in an operation without affecting other individual licensees or the licensed gaming establishment. The emergency order [shall remain] remains effective until further order of the commission or final disposition of the case.
(e) Within 5 days after issuance of an emergency order, the commission shall cause a complaint to be filed and served upon the person or entity involved in accordance with the provisions of subsections 1 to 4, inclusive, of this section.
(f) Thereafter, the person or entity against whom the emergency order has been issued and served [shall be] is entitled to a hearing before the commission in accordance with this section, and to judicial review of the decision and order of the commission thereon in accordance with NRS 463.315.
10. Prior to a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, [shall] are entitled to receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day [shall be] are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.
κ1979 Statutes of Nevada, Page 780 (CHAPTER 430, SB 236)κ
in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses [shall] must be paid by the party at whose request the witness is subpenaed. The commission may [, in its discretion,] award as costs the amount of all such expenses to the prevailing party.
11. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
12. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use [such affidavit shall,] an affidavit must, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, [shall] must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but [shall] must be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) [shall] must be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the .............................. day of .............................., 19....... (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
...............................................................
(Party or Counsel)
...............................................................
(Address)
13. The following procedures [shall] apply at all hearings of the commission other than investigative hearings:
(a) At least three members of the commission shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
(b) The proceedings at the hearing [shall] must be reported either stenographically or by a phonographic reporter.
(c) Oral evidence [shall] may be taken only upon oath or affirmation administered by the commission.
(d) Every party to a hearing [shall have] has the right:
(1) To call and examine witnesses;
κ1979 Statutes of Nevada, Page 781 (CHAPTER 430, SB 236)κ
(2) To introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;
(3) To cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(4) To impeach any witnesses regardless of which party first called him to testify; and
(5) To offer rebuttal evidence.
(e) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
(f) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and [shall be] is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(g) The parties or their counsel may be written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
14. The commission may take official notice of any generally accepted information or technical or scientific matter with the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties [shall] must be informed of any information, matters or facts so noticed, and [shall] must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
15. The commission may, [in its discretion] before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
16. If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The court order and a copy of the statement of the commission shall be served on the person cited to appear. Thereafter the court [shall have] has jurisdiction of the matter; and the same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
17. Failure of a respondent to file a notice of defense or to request or appear at the hearing [shall constitute] constitutes an admission of all matters and facts contained in the complaint filed with respect to such respondent.
κ1979 Statutes of Nevada, Page 782 (CHAPTER 430, SB 236)κ
all matters and facts contained in the complaint filed with respect to such respondent. In such cases the commission may take action based upon such admission or upon any other evidence, including affidavits, and without any further notices [whatever] to the respondent. In such cases the commission shall prepare and file a record containing the evidence upon which its action was based.
18. After the hearing of a contested matter, the commission shall render a written decision on the merits which [shall] must contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any; and shall thereafter make and enter its written order in conformity to such decision. No member of the commission who did not hear the evidence [shall] may vote on the decision. The affirmative votes of a majority of the whole commission [shall be] are required to impose any penalty. Copies of the decision and order [shall] must be served on the parties personally or sent to them by registered or certified mail. The decision [shall become and remain] is effective upon such service, unless the commission [shall otherwise order.] orders otherwise.
19. The commission may, upon motion [therefor] made within 10 days after service of a decision and order, order a rehearing before the commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion [shall] must not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the commission, and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion [shall] must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence [shall] must be permitted. After rehearing, the commission may modify its decision and order as the additional evidence may warrant.
Sec. 10. NRS 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of this chapter incurred by the commission and the gaming control board [shall] must be paid from the state general fund on claims presented by the commission and the board, respectively, and approved and paid as other claims against the state are paid; but the total amount of such claims [shall] must not exceed 10 percent of the total amount of money collected pursuant to this chapter. The commission and the board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant hereto, there is hereby created the state gaming control board revolving account. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of [$3,000,] $10,000, and upon presentation of the warrant to the state treasurer, he shall pay it. When the warrant is paid, the chairman shall deposit the [$3,000] $10,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners.
κ1979 Statutes of Nevada, Page 783 (CHAPTER 430, SB 236)κ
standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners.
3. The chairman of the board may use the revolving account to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses [be] are incurred for investigation of known or suspected violations. In allowing such expenses the chairman is not limited or bound by the provisions of NRS 281.160.
4. After the expenditure of money from the revolving account, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving account. The claim [shall] must be audited, allowed and paid as are other claims against the state, but [such claim shall] the claim must not detail the investigation made as to the agent or employee making the investigation or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the claim.
5. Expenditures from the revolving account may not exceed [$30,000] the amount authorized by the legislature in any 1 fiscal year. Authorization for expenditures from the revolving account is not an exception to the limitation on total expenditures imposed by subsection 1, but such expenditures from the revolving account are administrative expenses of this chapter and [shall] must be included in the total of expenditures to which such limitation is applicable.
Sec. 11. NRS 463.335 is hereby amended to read as follows:
463.335 1. As used in this section:
(a) Gaming employee means any person connected directly with the operation of a [nonrestricted establishment, and includes without limitation:] gaming establishment licensed to conduct any game, 16 or more slot machines, a horse race book, sports pool or pari-mutuel wagering, including:
(1) Boxmen;
(2) Cashiers;
(3) Change personnel;
(4) Count room personnel;
(5) Dealers;
[(4)] (6) Floormen;
[(5)] (7) Hosts or other persons empowered to extend credit or complimentary services;
[(6)] (8) Keno runners;
[(7)] (9) Keno writers;
[(8)] (10) Machine mechanics;
(11) Odds makers and line setters;
[(9)] (12) Security personnel;
[(10)] (13) Shift or pit bosses;
[(11)] (14) Shills; [and
(12)] (15) Supervisors or managers [.] ; and
(16) Tickets writers.
κ1979 Statutes of Nevada, Page 784 (CHAPTER 430, SB 236)κ
Gaming Employee does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.
(b) [Nonrestricted establishment means any establishment except one in which slot machines only are operated incidentally to some other primary business of the licensee.
(c)] Temporary work permit means a work permit which is valid only for a period not to exceed [30] 90 days from its date of issue and is not renewable.
[(d)] (c) Work permit means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.
2. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.130, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
3. No person may be employed as a gaming employee unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) [If no] A work permit issued by the board, if a work permit is not required by either the county or the city. [, a work permit issued by the board.]
A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within [30] 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may [in its discretion] issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of place of employment.
5. If the board within the [30-day] 90-day period notifies the county or city licensing authority that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board.
κ1979 Statutes of Nevada, Page 785 (CHAPTER 430, SB 236)κ
the board, and may be granted or denied for any cause deemed reasonable by the board.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure to apply for a hearing within the 60-day period shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 30 days from the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. The board may object to issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
(a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of chapters 463, 464 or 465 of NRS or the regulations of the Nevada gaming commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny against his employer or any gaming licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;
(d) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(e) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(f) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
8. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review [shall be] is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission [shall be] is subject to judicial review pursuant to NRS 463.315.
9. All records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and [shall] must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed.
κ1979 Statutes of Nevada, Page 786 (CHAPTER 430, SB 236)κ
must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
10. A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for a period of more than 90 days.
Sec. 12. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee as defined in NRS 463.335 is convicted of a violation of NRS 465.070 to 465.085, inclusive, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a gaming employee employed by the licensee has been guilty of cheating the commission shall after a hearing as provided in NRS 463.310 and 463.312:
(a) If the gaming employee holds a work permit issued by the board, revoke it.
(b) If the gaming employee holds a work permit issued by a county or city licensing authority, notify such authority to revoke it, and the county or city licensing authority shall revoke it.
2. The commission may revoke a work permit issued by the board or, if issued by a county or city licensing authority, notify the authority to revoke it, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 that the gaming employee has failed to disclose, misstated or otherwise misled the board in respect to any fact contained within any application for a work permit or, subsequent to being issued a work permit:
(a) Committed, attempted or conspired to do any of the acts prohibited by NRS 465.070 to 465.085, inclusive;
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the board;
(d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee or upon the premises of a licensed gaming establishment;
(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling; [.]
(f) Accepted employment without prior commission approval in a position for which he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the commission;
(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;
κ1979 Statutes of Nevada, Page 787 (CHAPTER 430, SB 236)κ
(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act; or
(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities.
3. A work permit [shall] must not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section, or to whom the issuance or renewal of a work permit has been denied, except with the unanimous approval of the commission members.
4. A gaming employee whose work card has been revoked pursuant to this section is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315.
5. Nothing in this section limits or prohibits the enforcement of NRS 463.165, 463.560, 463.595, 463.637 or [463.638.] 463.645.
Sec. 13. NRS 463.343 is hereby amended to read as follows:
463.343 1. The board or commission or any applicant, licensee, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the commission may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada in and for Carson City, or in the district court of the district in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.
2. When an action is brought by a person other than the board or commission, the commission [shall] must be made a party to the action and the attorney general [shall] must be served with a copy of the complaint and is entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section [shall] must be construed in a manner consistent with the declared policy of the state.
4. The filing of a complaint for judicial determination under this section does not stay enforcement of any commission or board action. The board or commission may grant a stay upon appropriate terms.
5. In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common law writ to:
(a) Any applicant for licensing, finding of suitability or registration; [or
(b) Any person seeking judicial review of an action of the commission which is subject to the provisions of NRS 463.315.]
(b) Any person who has been ordered by the board or commission to submit his application for licensing, finding of suitability or registration; or
κ1979 Statutes of Nevada, Page 788 (CHAPTER 430, SB 236)κ
(c) Any person seeking judicial review of an action of the commission which is subject to the provisions of NRS 463.315.
Sec. 14. NRS 463.350 is hereby amended to read as follows:
463.350 1. [No] A person under the age of 21 years shall [:] not:
(a) Play, or be allowed to play, any licensed game or slot machine.
(b) Place wagers with or collect winning wagers from any licensed horse race book, sports pool or pari-mutuel operator.
(c) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, horse race book, sports pool or pari-mutuel wagering is operated or conducted.
(d) Be employed as a gaming employee as defined by paragraph (a) of subsection 1 of NRS 463.335.
2. Any licensee, employee, dealer or other person who [shall violate] violates or [permit] permits the violation of any of the provisions of this section and any person, under 21 years of age, who [shall violate] violates any of the provisions of this section [shall be] is guilty of a misdemeanor.
3. In any prosecution or other proceeding for the violation of any of the provisions of this section, it [shall be] is no excuse for the licensee, employee, dealer or other person to plead that he believed the person to be 21 years old or over.
Sec. 15. NRS 463.01094 is hereby repealed.
________
Senate Bill No. 379Committee on Judiciary
CHAPTER 431
AN ACT relating to guardianship; adding a circumstance under which nonresidents may serve as guardians; changing certain notice requirements; providing for sales of certain property of a ward; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any interest of a ward in real or personal property, including interests in contracts and choses in action, may be sold pursuant to this chapter.
2. The interest of a ward in a partnership may be sold as personal property, and another partner may be the purchaser.
Sec. 3. All sales of real or personal property of a ward must be made in the same manner as the property of the estate of a decedent is sold under NRS 148.060 and 148.080 to 148.400, inclusive.
Sec. 4. NRS 159.059 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 789 (CHAPTER 431, SB 379)κ
159.059 Any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who is:
1. An incompetent.
2. A minor.
3. A person who has been convicted of a felony.
4. A person suspended for misconduct or disbarred from the practice of law during the period of the suspension or disbarment.
5. A nonresident of this state who has not:
(a) Associated as a coguardian, a resident of this state or a banking corporation whose principal place of business is in this state; and
(b) Caused the appointment to be filed in the guardianship proceeding.
Sec. 5. NRS 159.115 is hereby amended to read as follows:
159.115 1. Upon the filing of any petition under NRS 159.113, or any account, [the clerk of the court shall give notice of the filing of the petition or account by causing a notice to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of hearing. The notice shall:] notice must be given in accordance with NRS 155.010 to 155.090, inclusive. The notice must:
(a) Give the name of the ward.
(b) Give the name of the petitioner.
(c) Give the date, time and place of the hearing.
(d) State the nature of the petition.
(e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the order should not be made.
2. At least 10 days [prior to] before the day of the hearing, the petitioner shall cause a copy of the notice to be mailed to the following:
(a) Any minor ward over the age of 14 years.
(b) The heirs at law and next of kin, so far as known to the petitioner, of the ward.
(c) The guardian of the person of the ward, if he is not the petitioner.
(d) Any person or institution having the care, custody or control of the ward.
(e) Any Veterans Administration office in this state if the ward is receiving any payments or benefits through the Veterans Administration.
(f) Any other interested person or his attorney who has filed a request for notice in the guardianship proceeding and served a copy of [such] the request upon the guardian. [Any such] The request for notice [shall] must state the interest of the person filing [such requests,] the request, and his name and address, or that of his attorney. If the notice so requests, copies of all petitions and accounts [shall likewise] must be mailed to [such] that person or his attorney.
Sec. 6. NRS 159.129 to 159.155, inclusive, are hereby repealed.
________
κ1979 Statutes of Nevada, Page 790κ
Senate Bill No. 427Committee on Government Affairs
CHAPTER 432
AN ACT relating to annexations by cities in counties having a population of 200,000 or more; providing an alternative procedure when all of the property owners within the area petition for annexation; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may annex vacant or unimproved territory which meets the requirements of subsection 1 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the area sign a petition requesting the governing body to annex the area to the city and submit, along with the petition, a letter of intent to develop the property. The governing body shall promptly notify the clerk of the board of county commissioners of the county in which the city lies that it has received the petition If the petition is accepted by the governing body, the governing body may proceed to adopt an ordinance annexing the area and to take such other action as is appropriate to accomplish the annexation.
Sec. 2. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, [shall] and section 1 of this act apply only to cities located in counties having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 3. Section 58 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:
Sec. 58. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, and section 1 of [this act] Senate Bill No. 427 of the 60th session of the Nevada legislature 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. 4. NRS 268.576 is hereby amended to read as follows:
268.576 The governing body of any incorporated city, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to either section 1 or section 8 of article 8 of the constitution of the State of Nevada, may extend the corporate limits of such city under the [procedure] procedures or alternative procedures set forth in NRS 268.570 to 268.608, inclusive [.] , and section 1 of this act.
________
κ1979 Statutes of Nevada, Page 791κ
Senate Bill No. 479Senator Jacobsen
CHAPTER 433
AN ACT relating to general improvement districts; providing exceptions to the general prohibition against any purchase of supplies or contract for services for such a district from a member of its board of trustees; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.0956 is hereby amended to read as follows:
318.0956 1. [No] Except as provided in subsection 2, no member of the board [shall] may be interested, directly or indirectly, in any property purchased for the use of the district, or in any purchase or sale of property belonging to the district, or in any contract made by the district for the acquisition of any project or improvement by the district.
2. The board may purchase supplies or contract for services for the district from one of its members, when not to do so would be a great inconvenience, but the member from whom the supplies are to be bought or with whom the contract for services is to be made shall not vote upon the allowance of the purchase or contract. If the purchase is made or contract let by competitive bidding, the bid of a member of the board may be accepted only if he is the lowest responsible bidder.
3. A member of the board who violates the provisions of subsection 1 is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.
Sec. 2. NRS 318.0957 is hereby amended to read as follows:
318.0957 1. [It] Except as provided in subsection 2, it is unlawful for a member of the board [to] :
(a) To become a contractor under any contract or order for supplies or any other kind of contract authorized by the board of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
[2. It is unlawful for a member of the board to]
(b) To be interested in any contract made by the board of which he is a member, or to be a purchaser or to be interested in any purchase or sale made by the board of which he is a member.
[3.] 2. The board may purchase supplies or contract for services for the district from one of its members, when not to do so would be a great inconvenience, but the member from whom the supplies are to be bought or with whom the contract for services is to be made shall not vote upon the allowance of the purchase or contract. If the purchase is made or contract let by competitive bidding, the bid of a member of the board may be accepted only if he is the lowest responsible bidder.
3. Any contract made in violation of the provisions of subsection 1 [or 2] may be declared void at the instance of the district or of any other person interested in the contract except the member of the board prohibited in subsection 1 [or 2] from making or being interested in the contract.
κ1979 Statutes of Nevada, Page 792 (CHAPTER 433, SB 479)κ
4. A member of the board who violates the provisions of subsection 1 [or 2,] , directly or indirectly, is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.
________
Senate Bill No. 516Committee on Government Affairs
CHAPTER 434
AN ACT making a technical correction to a bill of the 60th session of the legislature; supplying subsection 10 of NRS 482.480 which was omitted in S.B. 171 before its enrollment.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 32 of chapter 78, Statutes of Nevada 1979 is hereby amended to read as follows:
Sec. 32. NRS 482.480 is hereby amended to read as follows:
482.480 There [shall] must be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $5.50.
2. For every motorcycle, the sum of $3.50.
3. For every motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a registration fee of $9.
4. For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds.................................................. $8
3,550 to and including 3,649 pounds.................................................. 10
3,650 to and including 3,749 pounds.................................................. 12
3,750 to and including 3,849 pounds.................................................. 14
3,850 to and including 3,949 pounds.................................................. 16
3,950 to and including 3,999 pounds.................................................. 18
5. For every motortruck having an unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees according to the following schedule:
κ1979 Statutes of Nevada, Page 793 (CHAPTER 434, SB 516)κ
3,501 to and including 3,549 pounds.................................................. $10
3,550 to and including 3,649 pounds.................................................. 12
3,650 to and including 3,749 pounds.................................................. 14
3,750 to and including 3,849 pounds.................................................. 16
3,850 to and including 3,949 pounds.................................................. 18
3,950 to and including 3,999 pounds.................................................. 20
4,000 to and including 5,049 pounds.................................................. 25
6. For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every motortruck having an unladened weight of 5,050 pounds or more, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle [shall] must have in place each [and every] accessory and appliance belonging to and used on [such] the vehicle in the transportation of property. Whenever a camper is attached to a motortruck the camper shall be considered as a load and the fees imposed by this section upon the motortruck [shall] must be based on the unladened weight of the motortruck, exclusive of the camper.
7. Except as provided in subsection 8, for each transfer of registration the fee [shall be] is $2.
8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 [shall be] is $2 plus the excess, if any, of the fee which would have been payable for an original registration of [such] the vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
9. For every motor vehicle there [shall be] is an additional fee of $3 for each registration, which [shall be placed in a special fund to] must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
10. For every travel trailer, the registration fee shall be $5.50.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 520Committee on Natural Resources
CHAPTER 435
AN ACT relating to underground water and wells; conforming the amount of compensation which may be paid to the members of the well drillers advisory board to that specified in section 51 of chapter 241, Statutes of Nevada 1975; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 534.150 is hereby amended to read as follows:
534.150 1. For the purpose of examining applicants for well drillers licenses, the state engineer may appoint a well drillers advisory board, [or boards,] referred to in this section as the board.
κ1979 Statutes of Nevada, Page 794 (CHAPTER 435, SB 520)κ
licenses, the state engineer may appoint a well drillers advisory board, [or boards,] referred to in this section as the board. [Such] The board may be on a regional or statewide basis.
2. In making the initial appointments, the state engineer shall appoint members to staggered terms of 1, 2 and 3 years. After the initial terms, members shall serve for 3-year terms.
3. The state engineer may fill vacancies on the board.
4. Each member of the board is entitled to receive [$25] $40 for each day and [$12.50] $20 for each half day spent doing the work of the board. Any time spent by members of the board in work or travel necessary to the discharge of their duties which is less than a full day but more than a half day [shall] must be treated for compensation purposes as a full day. Any time less than a half day shall be treated as a half day. Each member of the board is entitled to receive the travel expenses and subsistence allowances provided by law.
5. The purpose of the board is to determine the qualifications of an applicant as a well driller and to submit [such] its findings to the state engineer.
6. Regulations of the board on examining applicants for well drillers licenses [shall] must be developed by the state engineer in cooperation with the board upon its creation.
7. If a hearing is held by the state engineer to determine whether a licensed well driller is complying with the law or the regulations pertaining to well drilling, the state engineer may avail himself of the services of the board in an advisory capacity.
Sec. 2. The legislature hereby ratifies the payments made since July 1, 1975, by the state engineer to the members of the well drillers advisory board as compensation for their work on the board at the rate of $40 for each day and $20 for each half day.
________
Senate Bill No. 521Committee on Natural Resources
CHAPTER 436
AN ACT relating to fairs and exhibits; correcting a reference in a statutory provision to the administration of the Nevada Fair of Mineral Industries; removing an obsolete provision of law; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 551.010 is hereby amended to read as follows:
551.010 1. A statewide mining, petroleum and industrial exhibition, to be known as the Nevada Fair of Mineral Industries, shall be held at Ely, Nevada, annually, under the administration of the district board of agriculture of agricultural district No.
κ1979 Statutes of Nevada, Page 795 (CHAPTER 436, SB 521)κ
at Ely, Nevada, annually, under the administration of the district board of agriculture of agricultural district No. [6,] 13, and may, at the discretion of the board, be held in connection with an agricultural district exhibition to include other fields of endeavor.
2. In addition to its other responsibilities, the agricultural district shall use all suitable means to collect and disseminate, throughout the state, information calculated to educate and benefit the mineral industries within the State of Nevada, including the petroleum industry.
[3. The district board of agriculture of agricultural district No. 6 shall have the possession and care of all of the property of the Nevada State Industrial Show and is entrusted with the direction of its entire business and financial affairs.]
________
Senate Bill No. 536Committee on Transportation
CHAPTER 437
AN ACT relating to the district judges salary fund; correcting the description of the fund as a county fund; and providing other matters properly relating thereto.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 403.590 is hereby amended to read as follows:
403.590 Whenever it appears to the board of county commissioners that any road district is or would be unreasonably burdened by the expense of constructing or maintenance and repair of any bridge, the board may:
1. Cause all or a portion of the aggregate cost or expense to be paid out of the county general fund, or a portion out of that fund or out of any other county fund [, except the district judges salary fund,] in which there is a surplus; or
2. Levy a tax therefor, not to exceed one-fourth of 1 percent on the taxable property in the county, annually, until the amount appropriated is raised and paid.
________
κ1979 Statutes of Nevada, Page 796κ
Senate Bill No. 558Committee on Finance
CHAPTER 438
AN ACT to amend an act entitled: An Act relating to the University of Nevada, Las Vegas; authorizing the board of regents to agree to lease or lease to the Federal Government facilities to be acquired at the university; authorizing the issuance and sale of securities in accordance with the act and with the University Securities Law to pay for such acquisition; providing for the payment of the securities, operation and maintenance expenses and ground rent; and providing other matters properly relating thereto, approved April 11, 1975, as amended.
[Approved May 21, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act, being chapter 200, Statutes of Nevada 1975, as amended by chapter 42, Statutes of Nevada 1977, at page 111, is hereby amended to read as follows:
Sec. 5. 1. If the agreement to make the lease or the lease referred to in section 4 of this act is executed by the board of regents and the Federal Government, then the board of regents, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To construct and otherwise acquire facilities on the University of Nevada, Las Vegas, campus for the purpose provided in section 4 of this act;
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding [10,000,000,] $20,000,000, in one series or more at any time or from time to time, as the board may determine, payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To employ legal, fiscal and other expert services and to defray the cost thereof with any money available therefor, including, without limitation, proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
3. If federal law so requires, the board of regents may issue bonds whose interest is not exempt from federal income tax. Their determination to issue such bonds is conclusive in the absence of fraud. The rate of interest borne by securities issued pursuant to this subsection may exceed the limit provided generally for university securities by NRS 396.852, but shall not exceed that limit by more than 43 percent.
κ1979 Statutes of Nevada, Page 797 (CHAPTER 438, SB 558)κ
this subsection may exceed the limit provided generally for university securities by NRS 396.852, but shall not exceed that limit by more than 43 percent.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 336Committee on Government Affairs
CHAPTER 439
AN ACT relating to public employees; revising certain provisions of law concerning deferment of compensation by state employees; adding provisions concerning deferment of compensation by employees of political subdivisions; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.270 is hereby amended to read as follows:
287.270 Deferred compensation means income which [an] a state employee may legally set aside under [current United States Internal Revenue Service rulings] 26 U.S.C. § 457 and which, while invested under the program, is exempt from federal income taxes on the employees contributions and interest, dividends and capital gains.
Sec. 2. NRS 287.320 is hereby amended to read as follows:
287.320 1. [An employer] The state may agree with any [employee to defer any or all of] of its employees to defer the compensation due [the employee] to them in accordance with a program approved by the committee and [by the United States Internal Revenue Service.] as authorized by 26 U.S.C. § 457.
2. The [employer] state shall withhold the amount of compensation which [the employee has, in the] an employee has, by such an agreement, directed the [employer] state to defer.
3. The [employer] state may invest the withheld money in any investment approved by the committee.
4. [Investments shall] The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.
5. All amounts of compensation deferred pursuant to the program, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights remain solely the property and rights of the state, subject only to the claims of its general creditors, until made available to the participants in the program or their beneficiaries.
Sec. 3. NRS 287.330 is hereby amended to read as follows:
287.330 The [commissioner of insurance shall, with the approval of the governor,] governor shall appoint a committee, which must include the attorney general or his designee, to administer the program.
κ1979 Statutes of Nevada, Page 798 (CHAPTER 439, SB 336)κ
the attorney general or his designee, to administer the program. The committee may:
1. Create a [trust] state employees deferred compensation fund or other appropriate fund for administration of money and other assets resulting from compensation deferred under the program.
2. With the approval of the governor, delegate to one or more state agencies the responsibility for administering the program for their respective employees, including:
(a) Collection of deferred compensation;
(b) Transmittal of money collected to depositories within the state designated by the committee; and
(c) Payment of deferred compensation to participating employees.
3. Contract with a private person, corporation, institution or other entity, directly or through a state agency, for services necessary to the administration of the plan, including without limitation:
(a) Consolidated billing;
(b) Recordkeeping for each participating employee and the program;
(c) Asset purchase, control and safeguarding;
(d) Employee communication programs; and
(e) Program administration and coordination.
4. The committee and its individual members are not liable for any investment decision if the committee has:
(a) Obtained the advice of qualified investment counsel;
(b) Established proper objectives and policies relating to investments; and
(c) Exercised that degree of care and judgment which persons of ordinary prudence and reasonable discretion exercise in the management of their own affairs, considering probable income as well as the probable safety of their capital.
Sec. 4. NRS 287.340 is hereby amended to read as follows:
287.340 1. Deferrals of compensation [shall be made by] may be withheld as payroll deductions [authorized by] in accordance with the agreement between the [employer and] state and a participating employee.
2. The amount of deferred compensation set aside by [an employer] the state under the program during any calendar year may not exceed [the difference between:
(a) The annual salary or compensation specified for the employee by the applicable salary schedule or classification; and
(b) The undeferred compensation paid to the employee during the year.] the amount authorized by 26 U.S.C. § 457.
Sec. 5. NRS 287.350 is hereby amended to read as follows:
287.350 1. No program becomes effective [,] and no deferral may be made [,] until the program [has received the specific approval of the United States Internal Revenue Service, providing that the deferred income is not taxable to the participating employee until the amounts deferred are actually paid to the employee.] meets the requirements of 26 U.S.C. § 457 for eligibility.
2. Income deferred during a period in which no income tax is imposed by the state or a political subdivision may not be taxed [when deferred or] when paid to the employee.
κ1979 Statutes of Nevada, Page 799 (CHAPTER 439, SB 336)κ
Sec. 6. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 18, inclusive, of this act.
Sec. 7. As used in sections 7 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 10, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 8. Committee means the committee established to administer the program.
Sec. 9. Deferred compensation means income which an employee of a political subdivision may legally set aside under 26 U.S.C. § 457 and which, while invested under the program, is exempt from federal income taxes on the employees contributions and interest, dividends and capital gains.
Sec. 10. Program means the deferred compensation program for employees of political subdivisions authorized by sections 7 to 17, inclusive, of this act.
Sec. 11. 1. A political subdivision may agree with any of its employees to defer the compensation due to them in accordance with a program approved by the committee and as authorized by 26 U.S.C. § 457.
2. The political subdivision shall withhold the amount of compensation which an employee has, by such an agreement, directed the political subdivision to defer.
3. The political subdivision may invest the withheld money in any investment permitted by law and approved by the committee.
4. The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.
Sec. 12. 1. The governing body of a political subdivision may create an appropriate fund for administration of money and other assets resulting from compensation deferred under the program.
2. All amounts of compensation deferred pursuant to the program, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights remain solely the property and rights of the political subdivision, subject only to the claims of its general creditors, until made available to the participants or their beneficiaries.
Sec. 13. 1. The governing body of a political subdivision may appoint a committee to which it may delegate the responsibility for administering the program for its employees, including:
(a) Collection of deferred compensation;
(b) Transmittal of money collected to depositories within the state; and
(c) Payment of deferred compensation to participating employees.
2. The committee may contract with a private person, corporation, institution or other entity, directly or through an agency of the political subdivision, for services necessary to the administration of the plan, including without limitation:
(a) Consolidated billing;
(b) Recordkeeping for each participating employee and the program;
(c) Purchase, control and safeguarding of assets;
κ1979 Statutes of Nevada, Page 800 (CHAPTER 439, SB 336)κ
(d) Communication with its employees; and
(e) Administration and coordination of the program.
Sec. 14. 1. Deferrals of compensation may be withheld as payroll deductions in accordance with the agreement between the political subdivision and a participating employee.
2. The amount of deferred compensation set aside by the political subdivision under the program during any calendar year may not exceed the amount authorized by 26 U.S.C. § 457.
Sec. 15. 1. No program becomes effective and no deferral may be made until the program meets the requirements of 26 U.S.C. § 457 for eligibility.
2. Income deferred during a period in which no income tax is imposed by the state or a political subdivision may not be taxed when paid to the employee.
Sec. 16. The program is in addition to other retirement, pension and benefit systems available to employees of the political subdivision and does not supersede, make inoperative or reduce benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 17. No appropriated money of the political subdivision may be spent in connection with the administration of the program except as compensation for employees who participated in the administration as part of their regular duties.
Sec. 18. NRS 355.170 is hereby amended to read as follows:
355.170 1. 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 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.
(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