[Rev. 2/28/2019 12:34:02 PM]
κ1979 Statutes of Nevada, Page 1001 (CHAPTER 517, AB 783)κ
Sec. 4.030 Municipal court: [Ex officio judge.] Judges.
1. The justice of the peace of Carson City [shall be] is ex officio a judge of the municipal court of Carson City.
2. The board of supervisors may by ordinance establish a second department of the municipal court. The judge of this department must be:
(a) A resident of Carson City for a continuous 6-month period immediately preceding his election.
(b) A qualified elector.
3. The salary of the [ex officio judge] judges of the municipal court [shall] must be fixed by the board of supervisors and [shall] be paid in equal monthly installments.
Sec. 2. Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 304, as amended by section 5 of chapter 532, Statutes of Nevada 1971, at page 1115, is hereby amended to read as follows:
Sec. 5.010 Primary election.
1. A primary election [shall] must be held on the date fixed by the Nevada election laws, at which time there [shall] must be nominated candidates for offices to be voted for at the next general election.
2. A candidate for any office to be voted for at any primary election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.
3. A candidate for mayor, [or] supervisor, police judge or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.
4. All candidates for the office of mayor and supervisor [shall] and candidates for the office of police judge if a second department of the municipal court has been established must be voted upon by the registered voters of Carson City at large.
5. If only two persons file for a particular office, their names [shall] must not appear on the primary ballot but their names [shall] must be placed on the ballot for the general election.
6. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone [shall] must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes [shall] must be placed on the ballot for the general election.
Sec. 3. Section 5.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 305, is hereby amended to read as follows:
Sec. 5.020 General Election.
1. A general election [shall] must be held in Carson City on the 1st Tuesday after the 1st Monday in November 1970, and on the same day every 2 years thereafter, at which time there [shall] must be elected such officers, the offices of which are required next to be filled by election.
κ1979 Statutes of Nevada, Page 1002 (CHAPTER 517, AB 783)κ
the same day every 2 years thereafter, at which time there [shall] must be elected such officers, the offices of which are required next to be filled by election.
2. All candidates for the office of mayor and supervisor [shall] , and all candidates for the office of police judge if a second department of the municipal court has been established must be voted upon by the registered voters of Carson City at large. The members of the board, including the mayor, and the police judge shall serve for terms of 4 years.
Sec. 4. If the board of supervisors of Carson City establishes a second department of the municipal court, it may:
1. Cause the second department to be established immediately after the next following municipal election and provide for the nomination of candidates and the election of the police judge at that election; or
2. Appoint a police judge to serve until a police judge is elected at the next municipal election.
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Assembly Bill No. 816Committee on Government Affairs
CHAPTER 518
AN ACT relating to metropolitan police departments; reapportioning the costs of certain metropolitan police departments; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 280.201 is hereby amended to read as follows:
280.201 1. In those counties which have:
(a) Only one participating city, the county shall pay 53 percent and the city shall pay [equal shares] 47 percent of the total capital and operating costs of the department.
(b) More than one participating city, the governing bodies of the various participating political subdivisions shall, in determining the amounts of their respective budget items allocated to law enforcement, apportion among all the participating political subdivisions the total anticipated capital and operating costs of the department, as submitted by the police commission, on the basis of a formula which has been approved by the Nevada tax commission.
2. This formula [shall] must take into account all meaningful factors which will produce an equitable distribution of costs among the participating political subdivisions, including but not limited to, comparative:
(a) Population statistics.
(b) Geographic extent of the participating incorporated and unincorporated areas.
κ1979 Statutes of Nevada, Page 1003 (CHAPTER 518, AB 816)κ
(c) Transient population of each of the participating political subdivisions. The number of available hotel and motel rooms in each political subdivision may be considered in determining transient populations.
(d) Historical crime statistics.
(e) Law enforcement requirements of the respective participating political subdivisions.
For the purpose of this subsection, the population, area and facilities attributable to a county do not include the population, areas or facilities of the cities within [such] that county.
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Senate Bill No. 462Committee on Commerce and Labor
CHAPTER 519
AN ACT relating to motor vehicle carriers; exempting certain employers who operate vehicles for the transportation of his employees from the provisions regulating motor carriers and taxicabs; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An employer may transport his employees between their place of work and their homes or one or more central parking areas without complying with any of the provisions of NRS 706.011 to 706.791, inclusive, except the requirements of this section.
2. The employer must file an application, on a form provided by the commission, showing:
(a) The name of the employer;
(b) The places where employees will be picked up and discharged, including the location of their place of work;
(c) Identification of the vehicle or vehicles to be used; and
(d) Any charge which will be made for the service.
3. The employer must pay a fee of $10 for each vehicle which he will regularly use to transport his employees.
4. The vehicles in use must be designed to carry not fewer than 7 nor more than 12 persons, including the driver.
5. The employer must charge no fare for the use of the service, or no more than an amount required to amortize the cost of the vehicle and defray the cost of operating it.
6. The commission may issue a permit, valid for 1 year after the date of issue, to the employer, and renew the permit upon payment of a fee of $10 per vehicle regularly used to transport employees.
Sec. 2. NRS 706.126 is hereby amended to read as follows:
706.126 1. Taxicab motor carrier means any person who operates a vehicle or vehicles which do not operate over a fixed route and are designated or constructed to accommodate and transport not more than six passengers, including the driver, and:
κ1979 Statutes of Nevada, Page 1004 (CHAPTER 519, SB 462)κ
designated or constructed to accommodate and transport not more than six passengers, including the driver, and:
[1.] (a) Fitted with taximeters or having some other device, method or system to indicate and determine the passenger fare charged for distance traveled;
[2.] (b) Used in the transportation of passengers or light express or both for which a charge or fee is received; or
[3.] (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 motor carrier does not include:
(a) Any common motor carrier of passengers.
(b) Any contract motor carrier conducting operations along fixed routes.
(c) Any employer operating a vehicle for the transportation of his employees, whether or not the employees pay for the transportation.
Sec. 3. NRS 706.281 is hereby amended to read as follows:
706.281 1. In addition to any identifying device provided for in this chapter, each motor vehicle [coming] within the provisions of NRS 706.011 to 706.791, inclusive, [shall] must have the name of the person or operator operating the vehicle prominently and conspicuously displayed on both sides of the vehicle in such location, size and style as may be specified by the commission.
2. This section [shall] does not apply to motor vehicles [weighing] :
(a) Weighing 10,000 pounds or less operated by private carriers and not operated in combination with any other vehicle.
(b) Operated by an employer for the transportation of his employees, whether or not the employees pay for the transportation.
Sec. 4. 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] :
(a) A common motor carrier. [or]
(b) A contract motor carrier which [is used in a fixed route operation.] operates along fixed routes.
(c) An employer who operates the vehicle for the transportation of his employees, whether or not the employees pay for the transportation.
Sec. 5. Sections 2 and 4 of this act shall become effective at 12:01 a.m. on July 1, 1979.
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κ1979 Statutes of Nevada, Page 1005κ
Senate Bill No. 208Committee on Finance
CHAPTER 520
AN ACT making an additional and supplemental appropriation from the state general fund for the payment of perquisites to the director of the department of prisons, pursuant to former law; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $6,986 for the fiscal year ending June 30, 1979, as an additional and supplemental appropriation to the appropriation allowed and made by section 32 of chapter 574, Statutes of Nevada 1977, for the office of the director for the perquisites allowed the warden under former NRS 209.115.
Sec. 2. After June 30, 1979, any unencumbered balance of the appropriation made by subsection 1 of this act must not be committed for expenditure, and such a balance reverts to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 455Committee on Transportation
CHAPTER 521
AN ACT relating to traffic laws; providing for special permits to operate vehicles, or vehicles with loads, exceeding legal maximum width on highways during weekends and holidays; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.759 is hereby amended to read as follows:
484.759 1. As used in this section special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The department of highways with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, [in their discretion,] upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of [such] the department or governing body granting such a permit.
κ1979 Statutes of Nevada, Page 1006 (CHAPTER 521, SB 455)κ
by law, upon any highway under the jurisdiction of [such] the department or governing body granting such a permit.
3. Except as otherwise provided in this section, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or loan thereon [shall not exceed] is 96 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire [shall] must not exceed 102 inches, [but in such event] and the outside width of the body of such vehicle or the load thereon [shall] must not exceed 96 inches.
5. If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, [such] the load of loosely piled material and any loading racks retaining [such load shall] the load must not exceed 120 inches in width.
6. Lights or devices which are required to be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, [except that] but the maximum width [shall] must not exceed 120 inches.
7. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, [except that] but the maximum width of body and door handles, hinges, cable cinchers or chain binders [shall] must not exceed 102 inches.
8. [No] A person shall not operate a passenger vehicle [shall be operated] on a highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
9. The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection [(d)] (e) of section 103 of Title 23, U.S.C., as a load on another vehicle, if [such] the load exceeds 96 inches in width, [such] the vehicle and load [shall] must not be operated for a distance of more than 25 miles from the point of origin of the trip and [shall] must not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if [such] the load exceeds 120 inches in width, [such] the vehicle and load [shall] must not be operated for a distance of more than 25 miles from the point of origin of the trip and [shall] must not be operated at a speed in excess of 30 miles per hour.
10. Subject to the provisions of subsection 2 of this section, the following vehicles [shall] must not exceed a width of 120 inches:
(a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.
(b) Special mobile equipment.
(c) Highway construction or maintenance equipment.
This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection [(d)] (e) of section 103 of Title 23, U.S.C., if such an application would prevent this state from receiving any federal funds for highway purposes.
κ1979 Statutes of Nevada, Page 1007 (CHAPTER 521, SB 455)κ
National System of Interstate and Defense Highways, as described in subsection [(d)] (e) of section 103 of Title 23, U.S.C., if such an application would prevent this state from receiving any federal funds for highway purposes.
11. The department of highways may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as further provided in this section, 120 inches exclusive of appendages which [shall] must not extend beyond 3 inches on either side. The department of highways may establish seasonal or other time limitations within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this subsection may [not be issued except] be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
(a) The power unit used to tow overwidth trailers or mobile homes having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.
(b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.
(c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745 relating to axle weight limitations.
(d) [Evidence] The insurer must furnish evidence of insurance [shall be furnished by the insurer] verifying coverage of the overwidth trailer coach or mobile home in the amounts of $100,000 because of bodily injury to or death of one person in any one accident, and subject to such a limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.
A permit which has been issued for the movement of a trailer coach or mobile home [shall not be] is not valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The department of highways [shall have authority to] may establish additional reasonable [permit] regulations, consistent with this section, as [they may deem] it deems necessary in the interest of public safety. [, which regulations shall be consistent with this section.]
To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection [(d)] (e) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent [shall] does not apply to highways which are a part of [such] that system.
κ1979 Statutes of Nevada, Page 1008 (CHAPTER 521, SB 455)κ
12. The department of highways may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of 120 inches in width but not exceeding 168 inches in width, exclusive of appendages, which [shall] must not extend beyond 3 inches on either side. The movement of such trailer coach or mobile home [shall,] is, in addition to the conditions and requirements of subsection 11, [be] subject to the following requirements and conditions:
(a) Wide-load signs and red flags [shall] must be on the front of the towing vehicle and on the rear of the trailer coach or mobile home.
(b) The towing vehicle [shall] must be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.
(c) [No permit shall be issued] The department of highways shall not issue a permit unless the applicant presents evidence satisfactory to the department [of highways] that he is financially responsible and that he has complied or is able to comply with the equipment requirements.
(d) As an additional warning to approaching traffic, the towing vehicle [shall operate] must be operated with the headlights turned on low beam.
(e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth trailer and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and trailer coach or mobile home off the pavement where safe to do so, in order that traffic may pass.
(f) When two or more trailer coaches or mobile homes in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.
(g) The department of highways shall designate the highways over which trailers in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.
(h) The department of highways shall prescribe additional [rules and] regulations relating to moving such trailer coaches or mobile homes, including [but not limited to] the times and days when such moving is permitted, and additional safety precautions to be taken.
13. The department of highways with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to highways under their jurisdiction shall, upon application in writing, issue a permit to operate, for a single trip, a vehicle, or a vehicle with a load, having a width exceeding the legal maximum width but not exceeding 120 inches in width on a highway between sunrise and sunset on Saturdays, Sundays and holidays, unless the department or governing body determines that such an operation would be a safety hazard or would unduly impede the flow of traffic.
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κ1979 Statutes of Nevada, Page 1009κ
Senate Bill No. 351Committee on Human Resources and Facilities
CHAPTER 522
AN ACT relating to sanitation; requiring the state board of health to adopt regulations concerning the sanitation, healthfulness, cleanliness and safety of jails, correctional institutions performing similar functions; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 444.335 is hereby amended to read as follows:
444.335 1. The health authority shall have supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following city, county and private institutions:
(a) Jails, correctional institutions, and other institutions performing similar functions;
(b) Schools; and
(c) School gymnasiums.
2. The state board of health [may adopt, promulgate] shall, with respect to jails, correctional institutions and other institutions performing similar functions, and may, with respect to the other institutions named in subsection 1, adopt and enforce [rules and regulations pertaining thereto] such regulations as are necessary to promote properly the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of [such] those institutions.
3. The health authority shall inspect [such] those institutions at least once each calendar year and at such other times as, in its discretion, it deems an inspection necessary to carry out the provisions of this section; except that inspections of schools and gymnasiums shall be made at least twice each year, once during each semester.
4. A report of the findings of [such] an inspection [or inspections shall] must be made to the health officer within 20 days following [such] the inspection. The health officer may from time to time, in his discretion, publish the reports of [such] those inspections.
5. All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate [such] those institutions in conformity with [rules and] regulations relating to sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, adopted [and promulgated] by the state board of health.
6. The health authority may, in [implementing] carrying out the provisions of this section, enter upon any [and all parts] part of the premises of any of the institutions named in this section over which it has jurisdiction, to determine the sanitary conditions of [such] those places and to determine whether the provisions of this section and the [rules and] regulations of the state board of health pertaining thereto are being violated.
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κ1979 Statutes of Nevada, Page 1010κ
Senate Bill No. 174Senators Glaser and Keith Ashworth
CHAPTER 523
AN ACT relating to instruments issued without sufficient funds; revising the requirements for notice of nonpayment; limiting the instruments affected; increasing certain penalties; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In a criminal action for issuing a check or draft against insufficient or no funds with intent to defraud, that intent and the knowledge that the drawer has insufficient money, property or credit with the drawee is presumed to exist if:
(a) The instrument is drawn on a purported account which does not exist.
(b) Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within 10 days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount due plus any handling charges.
(c) Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of nondelivery.
2. If a complainant causes a criminal action to be commenced for issuing a check or draft with intent to defraud and refuses to testify in the action, he is presumed to have acted maliciously and without probable cause.
Sec. 3. 1. A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or draft without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $100 or more by a person who previously has been convicted three times of this or a similar offense is punishable 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 $10,000, or by both fine and imprisonment.
2. The superintendent of the state printing and records division of the department of general services shall prepare the notice and supply copies of it on demand. The superintendent may charge a fee based on cost for each copy of the notice which is supplied.
3. Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.
κ1979 Statutes of Nevada, Page 1011 (CHAPTER 523, SB 174)κ
Sec. 4. NRS 205.130 is hereby amended to read as follows:
205.130 1. [Every] Except as provided in this subsection and subsections 2 and 3, a person who [for himself, or as the agent or representative of another, or as an officer of a corporation,] willfully, with an intent to defraud, [shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, except claims specified in subsection 2,] draws or passes a check or draft to obtain money or delivery of other valuable property, [directed to or] drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when [in fact such] the person [shall have no money, property or credit, or shall have] has insufficient money, property or credit with the drawee of [such] the instrument to [meet and make payment of the same] pay it in full upon its presentation, [shall be] is guilty of a misdemeanor. [unless such] If that instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, [in which case such person shall be] the person is guilty of a felony and shall [, upon conviction thereof,] 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,] $10,000, or by both fine and imprisonment.
2. Any person [having been] previously convicted three times of a misdemeanor under the provisions of this section, or of [any] an offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who [shall violate] violates this section [shall be] is guilty of a felony [,] and [upon conviction] 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,] $10,000, or by both fine and imprisonment.
[2.] 3. Any person who [for himself, or as an officer of a corporation,] willfully issues any check [, bill, note or other instrument in writing] or draft for the payment of wages in excess of $100, when [such] the person [has, and] has knowledge of having [,] insufficient money or credit with the drawee of [such] the instrument to [make payment of] pay the instrument in full upon presentation is guilty of a gross misdemeanor.
[3. The word credit as used in this section] 4. For the purposes of this section, credit means an arrangement or understanding with [the] a person, firm, corporation, bank or depositary for the payment of [such] a check [, order or draft.] or other instrument.
[4. As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered or certified mail, return receipt requested, at the address on the check, draft or order.
κ1979 Statutes of Nevada, Page 1012 (CHAPTER 523, SB 174)κ
at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.
5. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
6. A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable 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.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of the state printing and records division of the department of general services, who may charge a fee based on cost for each copy of such notice supplied to any person.]
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Senate Bill No. 131Senators Sloan, Raggio and Wilson
CHAPTER 524
AN ACT relating to gaming; providing for revocation of licenses for certain violations; increasing the penalties where certain interests are held in gaming establishments in violation of licensing laws; changing provisions for examination of a licensees records; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses shall be administered by the state gaming control board and the Nevada gaming commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.
κ1979 Statutes of Nevada, Page 1013 (CHAPTER 524, SB 131)κ
2. The board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which commission approval is required or permission is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to the end that licenses shall not be issued to nor held by nor shall there be any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified or disqualified persons, unsuitable persons or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations. The board has full and absolute power and authority to recommend the denial of any application, the limitation, conditioning or restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the board. The commission has full and absolute power and authority to deny any application or limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or fine any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the commission.
3. The board and the commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment or supplies for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of applicants and licensees, on their premises and in the presence of the licensee or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
4. For the purpose of the administration and enforcement of chapters 463, 464 and 465 of NRS, and of chapter 205 of NRS so far as it involves crimes against the property of gaming licensees, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission have the powers of a peace officer of the State of Nevada.
5. The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
κ1979 Statutes of Nevada, Page 1014 (CHAPTER 524, SB 131)κ
may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
Sec. 2. 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 is 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] It is unlawful for any person knowingly to permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on 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.] 6. The provisions of subsections 2, 3 and 4 do not apply to any person:
(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.
κ1979 Statutes of Nevada, Page 1015 (CHAPTER 524, SB 131)κ
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 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.] 7. 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] the arrangement to be terminated.
[9.] 8. 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] the licensee, the commission may, upon recommendation of the board, require the application of any business or person for a determination of suitability to be associated with a gaming enterprise 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] the business or person is unsuitable to be associated with a gaming enterprise, [such] the association [shall] must be terminated. Any agreement which entitles a business other than gaming to be conducted on [such] the 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 1016 (CHAPTER 524, SB 131)κ
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. 3. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of [the] a person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter [may act as an] or of chapter 464 or 465 of NRS may act as an immediate revocation of [any and] all licenses which [may] have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for a period of 1 year from the date of such revocation.
2. Any person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Except as provided in subsection 4, any person who willfully violates, attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS 463.160 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, by a fine of not more than $50,000, or by both fine and imprisonment.
4. A licensee who puts additional games or slot machines into play or displays additional games or slot machines in a public area without first obtaining all required licenses and approval is subject only to the penalties provided in NRS 463.310 and in any applicable ordinance of the county, city or town.
5. The violation of any of the provisions of this chapter, the penalty for which is not [herein] specifically fixed [,] in this chapter, is a gross misdemeanor.
Sec. 4. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
κ1979 Statutes of Nevada, Page 1017 (CHAPTER 524, SB 131)κ
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, [as authorized and provided for under NRS 465.010,] or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be construed as and deemed a game within the meaning of this section.
3. All licenses shall be issued for the calendar year beginning January 1 and expiring December 31 and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. If the operation of the licensee is continuing, the commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year. If any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a less number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
κ1979 Statutes of Nevada, Page 1018 (CHAPTER 524, SB 131)κ
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
Sec. 5. NRS 463.383 is hereby amended to read as follows:
463.383 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect from each applicant a quarterly license fee to be determined on the basis of the following annual rates:
(a) From establishments operating or to operate ten games or less:
Those establishments operating or to operate one game, the sum of $50.
Those establishments operating or to operate two games, the sum of $100.
Those establishments operating or to operate three games, the sum of $200.
Those establishments operating or to operate four games, the sum of $375.
Those establishments operating or to operate five games, the sum of $875.
Those establishments operating or to operate six or seven games, the sum of $1,500.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $3,000.
(b) From establishments operating or to operate more than ten games:
(1) For each game up to and including 16 games, the sum of $500.
(2) For each game from 17 to 26 games, inclusive, the sum of $4,800.
(3) For each game from 27 to 35 games, inclusive, the sum of $2,800.
(4) For each game more than 35 games, the sum of $100.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of one-fourth of the prescribed annual rate for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional games into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada [, as authorized and provided for under NRS 465.010,] or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be construed as and deemed a game within the meaning of this section.
5. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
κ1979 Statutes of Nevada, Page 1019 (CHAPTER 524, SB 131)κ
device or machine, shall not be construed as a gambling game under the provisions of this section.
6. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
Sec. 6. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:
(a) Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
(b) Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the violation is or is not punishable as a felony.
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, 201.250, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, [465.010] 465.030 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
(d) Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as hereinafter set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 7. NRS 465.030 is hereby amended to read as follows:
465.030 [If any person shall keep, exhibit, or have] Any person who keeps, exhibits or has in his possession any cards, tables, checks, wheels, slot machines or gambling devices of any nature used or kept for the purpose of playing any of the games mentioned in NRS [465.010, or shall aid, assist or permit] 463.160, or aids, assists or permits others to do the same, [such person] is guilty of a misdemeanor.
κ1979 Statutes of Nevada, Page 1020 (CHAPTER 524, SB 131)κ
slot machines or gambling devices of any nature used or kept for the purpose of playing any of the games mentioned in NRS [465.010, or shall aid, assist or permit] 463.160, or aids, assists or permits others to do the same, [such person] is guilty of a misdemeanor.
Sec. 8. NRS 465.040 is hereby amended to read as follows:
465.040 1. Whenever it [shall come] comes to the knowledge of any sheriff, constable, police or other peace officer that any person has in his possession any cards, tables, checks, balls, wheels, slot machines or gambling devices of any nature or kind used or kept for the purpose of playing [at] any of the games mentioned in NRS [465.010,] 463.160, or that any cards, tables, checks, balls, wheels, slot machines or gambling devices used or kept for such purposes may be found in any place, such sheriff, constable, police or other peace officer shall seize and take such cards, tables, balls, wheels, slot machines or other gambling devices and convey the same before a magistrate of the county in which such devices shall be found.
2. It [shall be] is lawful for officers in executing the duties imposed upon them by this section to break open doors for the purpose of obtaining possession of any such gambling devices.
3. The magistrate shall inquire of such witnesses as he shall summon, or as may appear before him in that behalf, touching the nature of such gambling devices, and if the magistrate [shall determine] determines that the same are used or kept for the purpose of being used at any game or games of chance described in NRS [465.010] 463.160, he shall order the same destroyed.
4. All persons having such possession of any of the articles described in subsection 1 shall be conveyed before a magistrate of such county and held or committed for appearance to answer any complaint which may be preferred against them for violation of NRS [465.010 to 465.060, inclusive.] 465.030.
Sec. 9. NRS 465.050 is hereby amended to read as follows:
465.050 No person, otherwise competent as a witness [, shall be] is exempt from testifying as such concerning offenses of gambling, as set forth in [NRS 465.010 to 465.060, inclusive,] this chapter or chapter 463 of NRS on the ground that such testimony may incriminate him; but no prosecution can afterward be had against him for any offense concerning which he testified.
Sec. 10. NRS 465.060 is hereby amended to read as follows:
465.060 Every day of the violation of any of the provisions of NRS [465.010 to 465.050, inclusive,] 465.030 shall be deemed a separate offense.
Sec. 11. NRS 465.010 and 465.020 are hereby repealed.
Sec. 12. Sections 2 and 5 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 1021κ
Senate Bill No. 103Committee on Judiciary
CHAPTER 525
AN ACT relating to bail; requiring bonds and undertakings to continue for a given time period for the same or a substantially similar charge until appeal, though prosecuted through different proceedings; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 178.502 is hereby amended to read as follows:
178.502. 1. A person required or permitted to give bail shall execute a bond for his appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.498, may require one or more sureties, may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond, or may authorize the release of the defendant without security upon his written agreement to appear at a specified time and place and upon such conditions as may be prescribed to insure his appearance.
2. Any bond or undertaking for bail must provide that the bond or undertaking extends, for a period of at least 1 year unless bail is exonerated earlier pursuant to the provisions of subsection 4, to any action or proceeding in a justices court, municipal court or district court:
(a) Arising from the charge on which bail was first given in any of these courts; and
(b) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar to the charge upon which bail was first given and is based upon the same act or omission as that charge.
This subsection does not require that any bond or undertaking extend to proceedings on appeal.
3. If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.
4. If the action or proceeding against a defendant who has been admitted to bail is dismissed, the bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that bail be exonerated before the expiration of the 30-day period. If no formal action or proceeding is instituted against a defendant who has been admitted to bail, the bail must not be exonerated until a period of 30 days has elapsed from the day the bond or undertaking is posted unless the defendant requests that bail be exonerated before the expiration of the 30-day period.
5. If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted, the bail must be applied to the public offense later charged, and the bond or undertaking must be transferred to the clerk of the appropriate court.
κ1979 Statutes of Nevada, Page 1022 (CHAPTER 525, SB 103)κ
the bond or undertaking must be transferred to the clerk of the appropriate court. Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail notice of the transfer to the surety on the bond and the bail agent who executed the bond.
6. Bail given originally on appeal shall be deposited with the magistrate or the clerk of the court from which the appeal is taken.
________
Assembly Bill No. 750Washoe County Delegation
CHAPTER 526
AN ACT relating to the county motor vehicle fuel tax; authorizing boards of county commissioners to impose an additional tax if approved by the voters of the county; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 373.030 is hereby amended to read as follows:
373.030 In any county for all or part of which a streets and highways plan has been adopted by the court or regional planning commission, the board may by ordinance:
1. Create a regional street and highway commission; and
2. Impose a tax on motor vehicle fuel [as provided in this chapter.] sold in the county of:
(a) One cent or 2 cents per gallon.
(b) In addition to the tax provided for in paragraph (a), 2 cents per gallon to be effective only if the tax is approved by a vote of the registered voters of the county upon a question which the board may submit to the voters at any election.
A tax imposed under this section is in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.
Sec. 2. NRS 373.070 is hereby amended to read as follows:
373.070 Any motor vehicle fuel tax ordinance enacted under this chapter [shall] must include provisions in substance as follows:
1. A provision imposing [an] the additional excise tax [of 1 cent per gallon or 2 cents per gallon, as the board may determine at any time or from time to time, on all motor vehicle fuel sold in the county, which tax shall be in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.] and stating the amount of the tax per gallon of fuel.
2. Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that the name of the county as taxing agency [shall] must be substituted for that of the state and that an additional dealers license [shall] is not [be] required.
3. A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, [shall] automatically become a part of the motor vehicle fuel tax ordinance of the county.
κ1979 Statutes of Nevada, Page 1023 (CHAPTER 526, AB 750)κ
this chapter, [shall] automatically become a part of the motor vehicle fuel tax ordinance of the county.
4. A provision that the county shall contract prior to the effective date of the county motor vehicle fuel tax ordinance with the department to perform all functions incident to the administration or operation of the motor vehicle fuel tax ordinance of the county.
________
Assembly Bill No. 453Committee on Transportation
CHAPTER 527
AN ACT relating to licensing of vehicles and vehicle dealers; revising certain requirements governing the sale of certain vehicles; defining and regulating branches of vehicle dealers; providing a penalty; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act:
Sec. 2. Branch means an established place of business of a vehicle dealer at which he conducts business simultaneously with, and physically separated from, his principal established place of business.
Sec. 3. 1. A vehicle dealer shall inform the department of the location of each place at which he conducts any business, and the name under which he does business at each location.
2. If a vehicle dealer does business at more than one location, he shall designate one location as his principal place of business and one name as the principal name of his business. He shall designate all of his other business locations as branches.
3. If a vehicle dealer changes the name or location of any of his established places of business, he shall notify the department of the change within 10 days.
Sec. 4. 1. At each of his established places of business, a vehicle dealer shall display a sign containing the name of his business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway.
2. Each vehicle dealer shall post each license issued to him by the department in a conspicuous place at the location described in the license.
Sec. 5. NRS 482.321 is hereby amended to read as follows:
482.321 1. Any manufacturer of or dealer in vehicles in this state qualified to receive a dealers license [shall be] is entitled to register [not more than five] in his name new vehicles of the make for which he is a licensed and franchised dealer [in his name upon the payment of only] upon payment of the registration and licensing fee as provided in this chapter. [without being] The dealer is not subject to the payment of privilege taxes [,] on these registrations, and may transfer such registrations to other new vehicles without payment of such taxes.
κ1979 Statutes of Nevada, Page 1024 (CHAPTER 527, AB 453)κ
of privilege taxes [,] on these registrations, and may transfer such registrations to other new vehicles without payment of such taxes.
2. Vehicles so registered [shall be] are subject to the payment of privilege taxes by the purchaser from [such] the dealer at the time of their transfer to [such] the purchaser.
3. The transferee of the vehicle [shall be] is required to pay the registration fees and privilege taxes before he is entitled to a transfer of the registration and title in his name. [Such] The transferee shall apply for registration as provided in NRS 482.215.
4. [Nothing contained in this section shall be construed to] This section does not apply to work or service vehicles.
Sec. 6. NRS 482.322 is hereby amended to read as follows:
482.322 1. Except as provided in NRS 482.324, no person may engage in the activities of a vehicle dealer, manufacturer or rebuilder in this state, or be [entitled to] issued any other license or permit required by this chapter, until he has [applied for and has] been issued a dealers, manufacturers, rebuilders or lessors license certificate or [other] similar license or permit required by the department.
2. A vehicle dealers, manufacturers or rebuilders license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.
3. The department shall investigate any applicant for a dealers, manufacturers, rebuilders or lessors license certificate or license and complete an investigation report on a form provided by the department.
4. If a vehicle dealer has one or more branches, he shall procure from the department a license for each branch in addition to the license issued for his principal place of business.
5. The department shall specify on each license it issues:
(a) The name of the licensee;
(b) The location for which the license is issued; and
(c) The name under which the licensee does business at that location.
6. The vehicle dealers bond required by NRS 482.345 covers the dealers principal place of business and all branches operated by him if:
(a) All of his places of business are located within one county; and
(b) All are operated under the same name.
For any place of business located outside the county of the dealers principal office, or any place of business operated under a different name, the dealer shall procure a separate bond.
Sec. 7. NRS 482.423 is hereby amended to read as follows:
482.423 1. When a new vehicle is sold in this state, the seller shall complete and execute a manufacturers certificate of origin or a manufacturers statement of origin and, unless the vehicle is sold to a licensed dealer, a dealers report of sale. The dealers report of sale [shall] must be in a form prescribed by the department and [shall] include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If in connection with [such] the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee [shall] must be entered on the dealers report of sale [.]
κ1979 Statutes of Nevada, Page 1025 (CHAPTER 527, AB 453)κ
dealers report of sale [.] and on the manufacturers certificate or statement of origin.
2. The seller shall submit the original of the dealers report of sale and the manufacturers certificate or statement of origin to the department within [10] 20 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale or within [10] 20 days after the date of sale, whichever is later, unless an extension of time is granted by the department, and shall furnish one copy to the buyer. One copy shall be affixed to the right front windshield of the vehicle, which [shall permit] permits the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
3. The department shall furnish a special permit for use when a contract of sale is entered, for the purpose of enabling the buyer to operate the vehicle for a period not to exceed 10 days. Upon execution of all required documents to complete the sale of a vehicle, the dealer shall remove this permit and execute a dealers report of sale as required by this section.
4. In addition to the requirements of subsection 2, a dealer who sells a new mobile home shall deliver the buyers copy of the report of sale to him at the time of sale and shall submit another copy within 10 days after the date of sale to the county assessor of the county in which the mobile home will be located.
Sec. 8. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealers or rebuilders report of sale. The dealers or rebuilders report of sale [shall] must be in a form prescribed by the department and [shall] include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of [such] the sale, or if in connection with [such] the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party [shall] must be entered on the dealers or rebuilders report of sale.
2. The seller shall submit the original of the dealers or rebuilders report of sale to the department within [45] 30 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale, unless an extension of time is granted by the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for [such] the vehicle, and shall furnish one copy to the buyer. One copy shall be affixed to the front right windshield of the vehicle, which shall permit the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
κ1979 Statutes of Nevada, Page 1026 (CHAPTER 527, AB 453)κ
occurs first, the buyer shall remove the copy from the windshield of the vehicle.
3. The department shall furnish a special permit which may be used when a contract of sale is made, for the purpose of enabling the buyer to operate the vehicle purchased by him for a period not to exceed 10 days. Upon executing all documents necessary to complete the sale of the vehicle, the dealer shall remove the special permit and execute the dealers report of sale, as required by subsections 1 and 2 of this section.
4. In addition to the requirements of subsection 2, a dealer who sells a used mobile home shall deliver to the buyer the buyers copy of the report of sale [to him] at the time of sale, and [shall] submit another copy within 10 days after the date of sale to the county assessor of the county in which the mobile home will be located.
Sec. 9. NRS 482.436 is hereby amended to read as follows:
482.436 Any person is guilty of a gross misdemeanor who knowingly:
1. Makes any false entry on any certificate of origin or certificate of ownership; [or]
2. Furnishes false information to the department concerning any security interest [.] ; or
3. Fails to submit the original of the dealers or rebuilders report of sale of a used or rebuilt vehicle to the department within the time prescribed in subsection 2 of NRS 482.424.
________
Assembly Bill No. 572Committee on Environment and Public Resources
CHAPTER 528
AN ACT relating to water pollution; provided for the control of water pollution from diffuse sources; providing certain protection for water of high quality; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 445.132 is hereby amended to read as follows:
445.132 1. The legislature finds that pollution of water in this state:
(a) Adversely affects public health and welfare;
(b) Is harmful to wildlife, fish and other aquatic life; and
(c) Impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.
2. [It is the public policy of this state and the purpose of NRS 445.131 to 445.354, inclusive, to:
(a) Restore and maintain the chemical, physical and biological integrity of water within this state;
(b) Prevent, reduce and eliminate pollution;
κ1979 Statutes of Nevada, Page 1027 (CHAPTER 528, AB 572)κ
(c) Plan the development and use, including restoration, preservation and enhancement of land and water resources; and
(d) Consult and otherwise cooperate with other states, state and interstate agencies and the Federal Government in carrying out these objectives.] The legislature declares that it is the policy of this state and the purpose of NRS 445.131 to 445.354, inclusive, and sections 8 to 11, inclusive, of this act:
(a) To maintain the quality of the waters of the state consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the state; and
(b) To encourage and promote the use of methods of waste collection and pollution control for all significant sources of water pollution (including point and diffuse sources).
Sec. 2. NRS 445.133 is hereby amended to read as follows:
445.133 As used in NRS 445.131 to 445.354, inclusive, [and] section 1 of [this act] chapter 247, Statutes of Nevada 1979, and sections 8 to 11, inclusive, of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, and section 8 of this act, have the meanings ascribed to them in those sections.
Sec. 2.5. NRS 445.176 is hereby amended to read as follows:
445.176 Point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. The term does not include return flows from irrigated agriculture.
Sec. 3. NRS 445.196 is hereby amended to read as follows:
445.196 Water quality [standard or limitation means any applicable state and federal water quality standard or limitation, including but not limited to water quality criteria, water use classifications, implementation plans and compliance schedules, effluent standards and limitations, prohibitions, standards of performance and pretreatment standards.] standard means the degree of pollution of water or the physical, chemical or biological condition of water, as expressed numerically or descriptively, used for controlling the quality of water in each segment of a stream and each other body of surface water in this state.
Sec. 4. NRS 445.201 is hereby amended to read as follows:
445.201 1. Except as specifically provided in NRS 445.287 to 445.301, inclusive, the commission shall:
(a) Develop, propose, [promulgate] adopt and amend from time to time, after notice and public hearing, [rules and] regulations [implementing and furthering] carrying out the provisions of NRS 445.131 to 445.354, inclusive, and sections 8 to 11, inclusive, of this act, including standards of water quality and [waste discharge.] amounts of waste which may be discharged into water.
(b) Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445.131 to 445.354, inclusive [.] , and sections 8 to 11, inclusive, of this act.
κ1979 Statutes of Nevada, Page 1028 (CHAPTER 528, AB 572)κ
2. In [promulgating] adopting regulations, water quality standards and effluent limitations pursuant to [NRS 445.131 to 445.254, inclusive,] those sections, the commission shall recognize the historical irrigation practices in the respective river basins of this state, and the economy thereof, and their effects.
3. The commission may hold hearings, issue notices of hearings, issue subpenas requiring the attendance of witnesses and the production of evidence, administer oaths, and take testimony as it deems necessary to carry out the provisions of subsections 1 and 2 and for the purpose of reviewing water quality standards.
Sec. 5. NRS 445.244 is hereby amended to read as follows:
445.244 [Water quality standards shall be established by the commission:
1. To protect the public health or welfare;
2. To enhance the quality of water;
3. To increase the use and value of public water supplies;
4. To promote the propagation of fish and wildlife; and
5. To enhance recreational, agricultural, industrial, navigational and other beneficial uses.]
1. The commission shall establish water quality standards at a level designed to protect and ensure a continuation of the designated beneficial use or uses which the commission has determined to be applicable to each stream segment or other body of surface water in the state.
2. The commission shall base its water quality standards on water quality criteria which numerically or descriptively define the conditions necessary to maintain the designated beneficial use or uses of the water. The water quality standards must reflect water quality criteria which define the conditions necessary to support, protect and allow the propagation of fish, shellfish and other wildlife and to provide for recreation in and on the water if these objectives are reasonably attainable.
3. The commission may establish water quality standards for individual segments of streams or for other bodies of surface water which vary from standards based on recognized criteria if such variations are justified by the circumstances pertaining to particular places, as determined by biological monitoring or other appropriate studies.
Sec. 5.5. NRS 445.274 is hereby amended to read as follows:
445.274 [A party aggrieved may file notice of appeal with the commission within 10 days after the date of notice of action of the department, except as otherwise provided by law.]
1. Any person aggrieved by:
(a) The issuance, denial, renewal, suspension or revocation of a permit; or
(b) The issuance, modification or rescission of any other order by the director,
may appeal to the commission.
2. The commission shall affirm, modify or reverse any action of the director which is appealed to it.
Sec. 6. NRS 445.317 is hereby amended to read as follows:
445.317 1. Whenever the director finds that any person is engaged or is about to engage in any act or practice which violates any provision of NRS 445.131 to 445.354, inclusive, [or any rule, regulation or standard promulgated by the commission or permit issued by the department under NRS 445.131 to 445.354, inclusive,] any standard or other regulation adopted by the commission pursuant to those sections, or any permit issued by the department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the director may:
κ1979 Statutes of Nevada, Page 1029 (CHAPTER 528, AB 572)κ
of NRS 445.131 to 445.354, inclusive, [or any rule, regulation or standard promulgated by the commission or permit issued by the department under NRS 445.131 to 445.354, inclusive,] any standard or other regulation adopted by the commission pursuant to those sections, or any permit issued by the department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the director may:
(a) Issue an order pursuant to NRS 445.324;
(b) Commence a civil action pursuant to NRS 445.327 or 445.331; or
(c) Request the attorney general to institute by indictment or information a criminal prosecution pursuant to NRS 445.334 and 445.337.
2. Such remedies and sanctions [for the violation of NRS 445.131 to 445.354, inclusive,] are cumulative, and the institution of any proceeding or action seeking any one of [such] the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of [such] the remedies or sanctions.
Sec. 7. Chapter 445 of NRS is hereby amended by adding thereto the provisions of sections 8 to 11, inclusive, of this act.
Sec. 8. Diffuse source means any source of water pollution which is diffused to the extent that it is not readily discernible and cannot by confined to a discrete conveyance. This term is intended to be equivalent to the term nonpoint source as used in federal statutes and regulations.
Sec. 9. 1. Any surface waters of the state whose quality is higher than the applicable standards of water quality as of the date when those standards become effective must be maintained in their higher quality. No discharges of waste may be made which will result in lowering the quality of these waters unless it has been demonstrated to the commission that the lower quality is justifiable because of economic or social considerations. This subsection does not apply to normal agricultural rotation, improvement or farming practices.
2. Any person who plans to discharge waste from any public or private project or development which would constitute a new or increased source of pollution to waters of the state whose quality is high shall, as part of the initial design of the project or development, provide:
(a) If the discharge will be from a point source, the highest and best degree of waste treatment available under the existing technology, consistent with the best practice in the particular field under the conditions applicable, and reasonably consistent with the economic capability of the project or development.
(b) If the discharge will be from a diffuse source, such measures, methods of operation or practices as are reasonably calculated or designed to prevent, eliminate or reduce water pollution from the source, under the circumstances pertaining to the particular place, in order to achieve control over water pollution which is reasonably consistent with the economic capability of the project or development.
3. This section does not limit a municipal sewage treatment plant in disposing of its solid sludge on land if the sludge is properly spread and incorporated into the soil.
Sec. 10. 1. The commission may prescribe controls for diffuse sources as follows:
(a) To any diffuse source existing on July 1, 1979, if the director determines that the source is significantly causing or adding to water pollution in violation of a water quality standard.
κ1979 Statutes of Nevada, Page 1030 (CHAPTER 528, AB 572)κ
determines that the source is significantly causing or adding to water pollution in violation of a water quality standard.
(b) To any diffuse source created after July 1, 1979, if controls are necessary to prevent the degradation of any water of high quality in the waters of the state.
2. The department shall delegate, to each county or city which so requests, other than a county to which NRS 244.9262 and 244.9263 apply or a city within such a county, the administration of the departments controls of diffuse sources, if the director finds that the county or city has the necessary money and staff to administer the program effectively. If such a delegation is made both to a county and to a city within it, the city has authority within its corporate limits and the county has authority outside those limits.
Sec. 11. Whenever the director finds that any person is engaged or about to engage in any act or practice which violates any provision in sections 8 to 11, inclusive, of this act, any standard or other regulation adopted pursuant thereto, with respect to a diffuse source, the director may:
1. Issue an order:
(a) Specifying the provision or provisions of NRS 445.131 to 445.354, inclusive, and sections 8 to 11, inclusive, of this act or the regulation or order alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation thereof; and
(c) Prescribing the necessary corrective action to be taken and a reasonable time for completing that corrective action,
but no civil or criminal penalty may be imposed for failure to obey the order.
2. If the corrective action is not taken or completed, or without first issuing an order, commence a civil action pursuant to NRS 445.327.
Sec. 12. NRS 445.331 is hereby amended to read as follows:
445.331 1. Any person who violates or aids or abets in the violation of any provision of NRS 445.131 to 445.354, inclusive, or of any permit, rule, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $10,000 for each day of such violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445.131 to 445.354, inclusive.
2. In addition to the penalty provided in subsection 1, the department may recover from such person actual damages to the state resulting from the violation of NRS 445.131 to 445.354, inclusive, or any rule, regulation or standard promulgated by the commission, or permit or final order issued by the department [.] , except the violation of a provision concerning a diffuse source.
3. Damages may include any expenses incurred in removing, correcting and terminating any adverse effects resulting from the discharge of pollutants and may also include compensation for any loss or destruction of wildlife, fish or aquatic life and any other actual damages caused by the violation.
κ1979 Statutes of Nevada, Page 1031 (CHAPTER 528, AB 572)κ
Sec. 13. NRS 445.334 is hereby amended to read as follows:
445.334 1. Except as provided in NRS 445.337, any person who intentionally or with criminal negligence violates NRS 445.221 or 445.254, or any effluent limitation, standard of performance or toxic and pretreatment effluent limitation established pursuant to NRS 445.247 and 445.251, or the terms or conditions of any permit issued under NRS 445.227 to 445.241, inclusive, or any final order issued under NRS 445.324, except a final order concerning a diffuse source, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $25,000 for each violation or by imprisonment in the county jail for not more than 1 year, or by both a fine and imprisonment.
2. If the conviction is for a second violation of the provisions indicated in subsection 1, such person is guilty of a felony and shall be punished by a fine of not more than $50,000 for each violation or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
3. The penalties imposed by subsections 1 and 2 are in addition to any other penalties, civil or criminal, provided pursuant to NRS 445.131 to 445.354, inclusive.
Sec. 14. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 198Assemblymen Horn, Barengo, Getto, Hayes, Vergiels, Stewart and Malone
CHAPTER 529
AN ACT relating to parole; increasing the amount of time which must be served in some instances as a condition precedent to parole; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.120 is hereby amended to read as follows:
213.120 Except as otherwise limited by statute for certain specified offenses, a prisoner may be paroled when he has served:
1. [One-fourth] One-third of the definite period of time for which he has been sentenced pursuant to NRS 176.033, less good time credits; or
2. One year,
whichever is longer.
________
κ1979 Statutes of Nevada, Page 1032κ
Assembly Bill No. 203Committee on Labor and Management
CHAPTER 530
AN ACT relating to employment agencies; increasing the maximum fee which a private employment agency may charge for finding employment; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 611.220 is hereby amended to read as follows:
611.220 No person licensed pursuant to the terms of NRS 611.020 to 611.320, inclusive, may charge, accept or collect from any applicant for employment as a fee for securing [such] the employment any sum or sums of money in excess of [40] 55 percent of the first months gross cash wage received or paid for [such] the employment, except babysitting. [placements and the fee shall] The fee for a placement for babysitting must not be in excess of 15 percent of the gross cash wage received or paid for [such employment.] the placement.
________
Assembly Bill No. 277Committee on Judiciary
CHAPTER 531
AN ACT relating to constables; changing the amounts of certain of their fees; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables [shall be allowed] are entitled to the following fees for their services:
For serving summons or other process by which suit is commenced in civil cases [$3.00] $5.00
For summoning a jury before a justice of the peace................................................. 4.00
For taking a bond or undertaking................................................................................ 2.00
For serving an attachment against the property of a defendant............................ 4.00
For serving subpenas, for each witness..................................................................... 2.00
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio..................................................................................................................... 1.00
For drawing and executing every constables deed, to be paid by the grantee, who [shall] must also pay for the acknowledgment thereof.................................................. 10.00
For each certificate of sale of real property under execution.................................. 2.00 For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons........................................................................ [$4.00] $5.00
κ1979 Statutes of Nevada, Page 1033 (CHAPTER 531, AB 277)κ
For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons..... [$4.00] $5.00
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.................................................. 4.00
For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only .50
But when two or more persons are served in the same suit, mileage [shall] may only be charged for the most distant, if they live in the same direction.
For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only................................................ .50
But mileage [shall] may not exceed $10 for any unsuccessful effort to serve such process.
2. A constable [shall also be allowed:] is also entitled to receive:
(a) For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charged against the defendant, 2 percent thereof.
(c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables [shall not be] are not entitled to retain for their own use any fees collected by them, but the [same shall] fees must be paid into the county treasury on or before the 5th day of the month next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
________
κ1979 Statutes of Nevada, Page 1034κ
Assembly Bill No. 281Committee on Transportation
CHAPTER 532
AN ACT relating to air pollution; providing for the regulation of authorized inspection stations and the grounds for suspension or revocation of licenses of inspection stations; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 445.632 is hereby amended to read as follows:
445.632 1. The department of motor vehicles shall adopt regulations which:
(a) Prescribe requirements for licensing authorized stations and fleets stations;
(b) Prescribe the manner in which the stations inspect motor vehicles and issue evidence of compliance;
(c) Prescribe the diagnostic equipment necessary to perform the required inspection;
(d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445.610 to 445.670, inclusive; and
[(d)] (e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet shall contain information explaining the reasons for and the methods of the inspections.
2. The department shall issue a copy of the regulations to each authorized station and to each fleet station.
Sec. 2. NRS 445.634 is hereby amended to read as follows:
445.634 1. The department of motor vehicles shall establish procedures for inspecting the authorized stations and the fleet stations and may require a station to submit any material or document which is used by the station in its inspection program.
2. The department may suspend or revoke the license of a station if:
(a) The station is not complying with the provisions of NRS 445.610 to 445.670, inclusive. [; or]
(b) The owner of the station refuses to furnish the department with the requested material or document.
(c) The station has issued a fraudulent certificate of compliance whether intentionally or negligently. A fraudulent certificate includes, but is not limited to:
(1) A back-dated certificate;
(2) A post-dated certificate; and
(3) A certificate issued without an inspection.
(d) The approved inspector does not follow the prescribed test procedure.
Sec. 3. NRS 484.644 is hereby amended to read as follows:
484.644 1. Except as provided in subsection 2, no person may operate or leave standing on any highway any motor vehicle which is required by state or federal law to be equipped with a motor vehicle pollution control device unless the device is correctly installed and in operating condition. No person may disconnect, alter or modify any such required device.
κ1979 Statutes of Nevada, Page 1035 (CHAPTER 532, AB 281)κ
2. The provisions of this section do not apply to:
(a) An alteration or modification found by the state environmental commission not to reduce the effectiveness of any required motor vehicle pollution control device.
(b) Motor vehicles which have been licensed by the department of motor vehicles as experimental vehicles.
(c) Any vehicle which has been granted a waiver or exemption from the regulations for the control of motor vehicle emissions.
Sec. 4. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 84Committee on Labor and Management
CHAPTER 533
AN ACT relating to industrial insurance; permitting self-insurance against liability for industrial accidents and occupational diseases; providing for administrative hearings and appeals; creating for this purpose a hearings division in the department of administration; providing for a review of proposed rate changes; and providing other matters properly relating thereto.
[Approved May 26, 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 the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. Self-insured employer means any employer who possesses a certification from the commissioner of insurance that he has the capability to assume the responsibility for the payment of compensation under this chapter or chapter 617 of NRS.
Sec. 3. 1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter and chapter 617 of NRS.
2. A self-insured employer is not required to pay the premiums required of other employers pursuant to this chapter and chapter 617 of NRS but is relieved from other liability for personal injury to the same extent as are other employers.
3. The claims of employees and their beneficiaries resulting from injuries while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the commissioner of insurance with respect thereto.
4. The security deposited pursuant to section 4 of this act does not relieve that employer from responsibility for the administration of claims and payment of compensation under this chapter.
Sec. 4. 1. An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner of insurance that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.
κ1979 Statutes of Nevada, Page 1036 (CHAPTER 533, AB 84)κ
employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.
2. A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner of insurance money, corporate or governmental securities or a surety bond written by any company admitted to transact surety business in this state, or any combination of money, securities or a bond. The first deposit must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employers expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective loss and expense experience of the employer within this state, to catastrophe hazards and contingencies and to trends within the state. In arriving at the amount of the deposit required, the commissioner of insurance may consider the nature of the employers business, the financial ability of the employer to pay compensation and his probable continuity of operation. The deposit must be held by the commissioner of insurance to secure the payment of compensation for injuries and occupational diseases to employees. The deposit may be increased or decreased by the commissioner of insurance in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance.
3. The commissioner of insurance may allow or require the self-insured employer to submit evidence of excess insurance or reinsurance, written by an insurer authorized to do business in this state, to provide protection against a catastrophic loss. The commissioner shall consider any excess insurance or reinsurance coverage as a basis for a reduction in the deposit required of an employer.
Sec. 5. 1. If a self-insured employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation under this chapter or chapter 617 of NRS after an order for payment of any claim becomes final, the commissioner of insurance may, after giving at least 10 days notice to the employer and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited or filed with the commissioner to the extent necessary to make such payments. Until the commissioner of insurance gives a 10-day notice pursuant to this subsection, the employer is entitled to all interest and dividends on bonds or securities on deposit and to exercise all voting rights, stock options and other similar incidents of ownership thereof. The commissioner of insurance may assess all self-insurers to provide for claims against any insolvent self-insured employer.
2. A company providing a surety bond under section 4 of this act may terminate liability on its surety bond by giving the commissioner of insurance and the employer 30 days written notice. Such termination does not limit liability which was incurred under the surety bond prior to the termination. If the employer fails to requalify as a self-insured employer on or before the termination date, the employers certification is withdrawn when the termination becomes effective.
κ1979 Statutes of Nevada, Page 1037 (CHAPTER 533, AB 84)κ
Sec. 6. 1. Upon determining that an employer is qualified as a self-insured employer, the commissioner of insurance shall issue a certificate to that effect to the employer and the commission.
2. Certificates issued under this section remain in effect until withdrawn by the commissioner of insurance or canceled by the employer. Coverage for employers qualifying under section 3 of this act becomes effective on the date of certification or the date specified in the certificate.
Sec. 7. 1. The commissioner of insurance may impose an administrative fine, not to exceed $500 for each violation, and may withdraw the certification of a self-insured employer if:
(a) The deposit required pursuant to section 4 of this act is not sufficient and the employer fails to increase the deposit within 45 days after he has been ordered to do so by the commissioner of insurance;
(b) The employer intentionally or repeatedly:
(1) Induces a claimant for compensation to fail to report an accidental injury or occupational disease;
(2) Persuades a claimant to settle administratively for an amount which is less than reasonable;
(3) Persuades a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;
(4) Persuades a claimant to accept less than the compensation found to be due him;
(5) Refuses to pay or delays payment to a claimant of the compensation found to be due him; or
(6) Makes it necessary for a claimant to resort to proceedings against the employer to secure the compensation found to be due him;
(c) The employer intentionally fails to comply with regulations of the commissioner of insurance regarding reports or other requirements necessary to carry out the purposes of this chapter; or
(d) The employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final.
2. Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616.305.
Sec. 8. 1. Before any action may be taken pursuant to subsection 2, the commissioner of insurance shall arrange an informal meeting with the self-insured employer to discuss and seek correction of any conduct which would be grounds for withdrawal of the self-insured employers certificate of self-insurance.
2. Before the withdrawal of the certification of any self-insured employer, the commissioner of insurance shall give written notice to that employer by certified mail that his certification will be withdrawn 10 days after receipt of the notice unless, within that time, the employer corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner of insurance. Before requesting a hearing the employer must make the deposit required by section 4 of this act.
3. If the employer requests a hearing:
κ1979 Statutes of Nevada, Page 1038 (CHAPTER 533, AB 84)κ
(a) The commissioner of insurance shall set a date for a hearing within 20 days after receiving the appeal request, and shall give the employer at least 10 business days notice of the time and place of the hearing.
(b) A record of the hearing must be kept but it need not be transcribed unless requested by the employer with the cost of transcription to be charged to the employer.
(c) Within 5 business days after the hearing, the commissioner of insurance shall either affirm or disaffirm the withdrawal and give the employer written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the employer receives notice of the affirmance unless within that period of time the employer corrects the conduct which was ground for the withdrawal or petitions for judicial review of the affirmance.
3. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.
Sec. 9. 1. If for any reason the status of an employer as a self-insured employer is terminated, the security deposited under section 4 of this act must remain on deposit for a period of at least 36 months in such amount as necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by such security, or to assure the payment of claims for aggravation and payment of claims under NRS 616.545 based on such accidental injuries or occupational diseases.
2. At the expiration of the 36-month period, or such other period as the commissioner of insurance deems proper, the commissioner of insurance may accept in lieu of any security so deposited a policy of paid-up insurance in a form approved by the commissioner of insurance.
Sec. 10. All self-insured employers must report to the commissioner of insurance, annually or at intervals which the commissioner requires, all accidental injuries, occupational diseases, dispositions of claims, reserves and payments made under provisions of this chapter, chapter 617 of NRS or regulations adopted by the commissioner of insurance pursuant thereto.
Sec. 11. 1. There is hereby created in the state treasury the administrative fund for workmens compensation provided by self-insured employers as a special revenue fund. The commissioner of insurance shall promptly deposit into the fund all money collected under this section. The money must be used for the purpose of defraying all costs and expenses of administering self-insurance programs of workmens compensation.
2. The commissioner of insurance shall establish by regulation the application fee for prospective self-insured employers. The fee must reimburse the commissioner for expenses incurred in acting upon the application.
3. The commissioner of insurance shall adopt regulations establishing the amount and providing for the payment of annual assessments which must be paid by self-insured employers to pay the costs of the commissioner in regulating those employers. The assessment must include amounts sufficient to repay the commissioner for the costs of:
κ1979 Statutes of Nevada, Page 1039 (CHAPTER 533, AB 84)κ
(a) Obtaining and analyzing data, statistics and information relating to self-insured employers;
(b) Establishing estimated annual incurred claim costs and required deposits;
(c) Hearings and other proceedings;
(d) Salaries, travel, per diem allowances, office space and supplies; and
(e) Other expenses which the commissioner of insurance incurs in administering self-insurance programs.
3. The commissioner may not assess a self-insured employer more than 2 1/2 percent of the employers expected annual claims expenditures during the first and second years of his self-insurance program.
Sec. 12. 1. Except as provided in subsection 2, each self-insured employer and other employer covered under the provisions of NRS 616.255 and 616.256 shall compensate the commission, the office of state industrial attorney or the hearings division of the department of administration, as appropriate, for all services which the commission, the occupational safety and health review board, the state industrial attorney, the hearing officers and the appeals officers provide to those employers at the same rate which the commission charges on January 1, 1980, to employers who operate plans which meet the conditions of NRS 616.255 and 616.256, if the rate is established by a regulation of the commission. The cost of any service for which a rate is not established by regulation must be negotiated by the employer and the commission, the state industrial attorney or the division, as appropriate, before the employer is charged for the service.
2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the commission, the office of state industrial attorney, the division or other employers.
Sec. 13. If an employee of a self-insured employer is dissatisfied with a decision of his employer, he may request a hearing before the hearing officer.
Sec. 14. (Deleted by amendment.)
Sec. 15. 1. Each self-insured employer shall furnish audited financial statements, certified by an auditor licensed to do business in this state, to the commissioner of insurance annually.
2. The commissioner of insurance may examine the records and interview the employees of each self-insured employer as often as he deems advisable to determine the adequacy of the deposit which the employer has made with the commissioner, the sufficiency of reserves and the reporting, handling and processing of injuries or claims. The commissioner shall examine the records for that purpose at least once every 3 years. The self-insured employer shall reimburse the commissioner for the cost of the examination.
Sec. 16. The commission shall cooperate with the commissioner of insurance in the performance of his duties pursuant to this chapter, and shall provide the commissioner with any information, statistics or data in its records which pertain to any employer who is making application to become self-insured, or who is self-insured.
Sec. 17. Any self-insured employer who is aggrieved by a decision of the commissioner of insurance may appeal in the manner set forth in NRS 679B.310, except that any such appeal must be filed within the time set forth in section 8 of this act.
κ1979 Statutes of Nevada, Page 1040 (CHAPTER 533, AB 84)κ
NRS 679B.310, except that any such appeal must be filed within the time set forth in section 8 of this act.
Sec. 18. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who is subject to the jurisdiction of the hearing officers under this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within his authority. The commission shall provide the forms necessary to request a hearing to any person who requests them without cost.
Sec. 18.4. Section 18 of Assembly Bill No. 84 of the 60th session of the Nevada legislature is hereby amended to read as follows:
Sec. 18. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who is subject to the jurisdiction of the hearing officers under this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within his authority. The commission or self-insured employer shall provide the forms necessary to request a hearing to any person who requests them without cost.
Sec. 18.6. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 22, inclusive, of this act.
Sec. 19. 1. The hearing officer shall, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request.
2. The hearing officer shall give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled.
3. The hearing officer shall prepare written findings of facts and render his decision within 15 days after the hearing, and include with the notice of his decision the necessary forms for taking an appeal from the decision.
Sec. 20. 1. Any party aggrieved by a decision of the hearing officer may appeal the decision by filing a notice of appeal with an appeals officer within 60 days after the date of the decision.
2. The appeals officer shall, within 5 days after receiving a notice of appeal, schedule a hearing for a date and time within 60 days after his receipt of the notice and give notice by mail or by personal service to all parties to the appeal and their attorneys at least 30 days before the date and time scheduled.
3. An appeal may be continued upon written stipulation of all parties, or upon good cause shown, but not for more than 45 days after the date of the stipulation. Notice of continuance must be given by mail or by personal service to all interested parties.
Sec. 21. 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under the Nevada Administrative Procedure Act apply to the hearing.
2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.
κ1979 Statutes of Nevada, Page 1041 (CHAPTER 533, AB 84)κ
3. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the 7th day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
4. The appeals officer shall render his decision:
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
5. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.
Sec. 22. 1. The commission must provide access to the files of claims in its Carson City and Las Vegas offices.
2. A file is available for inspection during regular business hours by the employee or his designated agent and the employer and his designated agent.
3. Upon request, the commission must make copies of anything in the file and may charge a reasonable fee for this service.
4. Until a claim is closed the file must be kept in the office nearest to the place when the injury occurred.
Sec. 23. (Deleted by amendment.)
Sec. 24. NRS 616.135 is hereby amended to read as follows:
616.135 1. One of the commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by employer associations. [representing employers who pay substantial premiums to the Nevada industrial commission.]
2. The annual salary of the commissioner representative of employers shall be in an amount determined pursuant to the provisions of NRS 284.182.
[3. The present commissioner whose term expires on June 23, 1955, is hereby determined to be the representative of employers. The successor of the commissioner representative of employers shall be deemed to represent employers.]
Sec. 25. NRS 616.185 is hereby amended to read as follows:
616.185 1. The commission may employ a secretary, actuary, accountants, examiners, experts, clerks, stenographers, and other assistants, and fix their compensation.
2. The commission shall employ a safety inspector, and fix his compensation.
3. The commission shall employ and fix the compensation of representatives to make periodic reviews of rates, losses, reserves and classifications with employers.
4. Employments and compensation [shall] must be first approved by the governor and compensation [shall] must be paid out of the state treasury.
[4.] 5. Actuaries, accountants, inspectors, examiners, experts, clerks, stenographers, and other assistants are entitled to receive from the state treasury their actual and necessary expenses while traveling on the business of the commission.
κ1979 Statutes of Nevada, Page 1042 (CHAPTER 533, AB 84)κ
the business of the commission. Expenses [shall] must be itemized and sworn to by the person who incurred the expense and allowed by the commission.
Sec. 25.4. NRS 616.218 is hereby amended to read as follows:
616.218 The [commission] chief of the hearings division of the department of administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter.
Sec. 25.6. NRS 616.220 is hereby amended to read as follows:
616.220 The commission shall:
1. Prescribe by regulation the time within which adjudications and awards shall be made.
2. Prepare, provide and regulate forms of notices, claims and other blank forms deemed proper and advisable.
3. Furnish blank forms upon request.
4. Provide by regulation the method of making investigations, physical examinations, and inspections.
5. Prescribe by regulation the methods by which the staff of the commission may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination is subject to review by [the commission.] a hearing officer.
6. Provide for adequate notice to each claimant of his right:
(a) To review by [the commission] a hearing officer of any determination or rejection by the staff.
(b) To judicial review of any final decision.
Sec. 26. NRS 616.222 is hereby amended to read as follows:
616.222 1. To aid in getting injured workmen back to work or to assist in lessening or removing any resulting handicap, the commission may [take such measures and make such expenditures from the state insurance fund as it may deem necessary or expedient to accomplish such purpose,] order counseling, training or rehabilitation services for the injured worker regardless of the date on which such workman first became entitled to compensation.
2. Before ordering rehabilitation services for an injured worker there must first be a consultation with the injured worker and the treating physician or physicians with respect to whether the proposed rehabilitation program is compatible with the injured workers age, sex and physical condition. If the rehabilitation services will involve a change in vocation, the consultation must also include the employer and a rehabilitation counselor.
3. Any workman eligible for compensation other than accident benefits [will] may not be paid those benefits if he refuses counseling, training or other rehabilitation services offered [to him] by the commission.
Sec. 26.1. NRS 616.222 is hereby amended to read as follows:
616.222 1. To aid in getting injured workmen back to work or to assist in lessening or removing any resulting handicap, the commission or the self-insured employer may order counseling, training or rehabilitation services for the injured worker regardless of the date on which such workman first became entitled to compensation.
κ1979 Statutes of Nevada, Page 1043 (CHAPTER 533, AB 84)κ
2. Before ordering rehabilitation services for an injured worker there must first be a consultation with the injured worker and the treating physician or physicians with respect to whether the proposed rehabilitation program is compatible with the injured workers age, sex and physical condition. If the rehabilitation services will involve a change in vocation, the consultation must also include the employer and a rehabilitation counselor.
3. Any workman eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other rehabilitation services offered by the commission [.] or the self-insured employer.
Sec. 26.2. NRS 616.230 is hereby amended to read as follows:
616.230 If any person disobeys an order of an appeals officer, a hearing officer or the commission or a subpena issued by the commissioners, inspectors or examiners, or either of them, or refuses to permit an inspection, or as a witness, refuses to testify to any matter for which he may be lawfully interrogated, then the district judge of the county in which the person resides, on application of the appeals officer, a hearing officer or the commission, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
Sec. 26.3. NRS 616.235 is hereby amended to read as follows:
616.235 1. Each officer who serves a subpena shall receive the same fees as a sheriff.
2. Each witness who appears in obedience to a subpena before an appeals officer, a hearing officer or the commission is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
3. Claims for witnesses fees shall be audited and paid from the state treasury in the same manner as other expenses are audited and paid upon the presentation of proper vouchers approved by an appeals officer, a hearing officer or any two commissioners.
4. A witness subpenaed at the instance of a party other than an appeals officer, a hearing officer or the commission is not entitled to compensation from the state treasury unless an appeals officer, a hearing officer or the commission certifies that his testimony was material to the matter investigated.
Sec. 26.5. NRS 616.240 is hereby amended to read as follows:
616.240 1. In an investigation, the commission or a hearing officer may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.
2. After the initiation of a claim under the provisions of this chapter or chapter 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding may, in the manner prescribed by law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record:
(a) Serve upon any other party written interrogatories to be answered by the party served; or
κ1979 Statutes of Nevada, Page 1044 (CHAPTER 533, AB 84)κ
(b) Take the testimony of any person, including a party, by deposition upon oral examination.
Sec. 26.7. NRS 616.226 is hereby amended to read as follows:
616.226 [An appeals officer and the commission,] Hearing officers and appeals officers, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations promulgated under this chapter may:
1. Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
2. Administer oaths.
3. Certify to official acts.
4. Call and examine under oath any witness or party to a claim.
5. Maintain order.
6. Rule upon all questions arising during the course of a hearing or proceeding.
7. Permit discovery by deposition or interrogatories.
8. Initiate and hold conferences for the settlement or simplification of issues.
9. Dispose of procedural requests or similar matters.
10. Generally regulate and guide the course of a pending hearing or proceeding.
Sec. 26.8. NRS 616.245 is hereby amended to read as follows:
616.245 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by an appeals officer, a hearing officer or the commission, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer had been present and testified to the facts so certified.
2. A copy of the transcript shall be furnished on demand to any party upon the payment of the fee required for transcripts in courts of record.
Sec. 27. NRS 616.2533 is hereby amended to read as follows:
616.2533 1. The state industrial attorney shall establish an office in Carson City, Nevada, and an office in Las Vegas, Nevada.
2. The state industrial attorney shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies. The budget division of the department of administration shall administer the budget of the state industrial attorney.
3. All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, [shall] must be paid [from the state insurance fund as other claims against the state are paid.] by the Nevada industrial commission from the state insurance fund, within the limit of the legislative authorization for this purpose.
Sec. 27.5. NRS 616.2533 is hereby amended to read as follows:
616.2533 1. The state industrial attorney shall establish an office in Carson City, Nevada, and an office in Las Vegas, Nevada.
κ1979 Statutes of Nevada, Page 1045 (CHAPTER 533, AB 84)κ
2. The state industrial attorney shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies. The budget division of the department of administration shall administer the budget of the state industrial attorney.
3. All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, must be paid by [the] :
(a) The Nevada industrial commission from the state insurance fund, within the limit of the legislative authorization for this purpose [.] ; and
(b) Self-insured employers,
in accordance with their proportionate use of the services of the office of state industrial attorney.
Sec. 28. NRS 616.305 is hereby amended to read as follows:
616.305 1. Where the employer, as provided by this chapter, has given notice of an election to accept the terms of this chapter, and the employee has not given notice of an election to reject the terms of this chapter, the employer shall provide and secure, and the employee shall accept, compensation in the manner provided by this chapter for all personal injuries sustained arising out of and in the course of the employment.
2. Every employer electing to be governed by the provisions of this chapter, before becoming entitled to the benefits of this chapter [in the providing and securing of compensation to the employees thereunder, shall, on or before July 1, 1947, and thereafter during the period of his election to be governed by the provisions of this chapter, pay to the commission all premiums in the manner provided in this chapter. During the period of his election to be governed by the provisions of this chapter he shall] must comply with all conditions and provisions [thereof.] of this chapter during the period of his election.
3. Failure on the part of any employer to pay all the premiums or to maintain a certificate of self-insurance in force as required by the provisions of this chapter [shall operate] operates as a rejection of the terms of this chapter. In the event of any rejection of this chapter, or the terms hereof, such rejecting employer shall post a notice of rejection of the terms of the chapter upon his premises in a conspicuous place. The employer at all times shall maintain the notice or notices so provided for the information of his employees.
Sec. 29. NRS 616.320 is hereby amended to read as follows:
616.320 An employer having come under this chapter [and as herein provided,] who thereafter elects to reject the terms, conditions and provisions of this chapter [, shall not be] is not relieved from the payment of premiums to the commission prior to the time his notice of rejection becomes effective [.] if any are due. The premiums may be recovered in an action at law. [as provided in this chapter.]
Sec. 30. 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.
κ1979 Statutes of Nevada, Page 1046 (CHAPTER 533, AB 84)κ
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,] panel if the choice is made within 45 days after his injury, any further change is 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,] Senate Bill No. 303 of the 60th session of the Nevada legislature, 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.]
Sec. 30.5. 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 if the choice is made within 45 days after his injury, any further change is subject to the approval of the commission [.] or the self-insured employer.
3. Except when emergency medical care is required and except as provided in section 1 of Senate Bill No. 303 of the 60th session of the Nevada legislature, the commission or any self-insured employer 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.
Sec. 31. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the commission to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the commission:
(a) Shall apply that form of rating system which, in its judgment, is best calculated to merit or rate individually the risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable [rules and] regulations controlling the same, which [rules and] regulations, however, [shall] must conserve to each risk the basic principles of [workmens compensation] industrial insurance; and
κ1979 Statutes of Nevada, Page 1047 (CHAPTER 533, AB 84)κ
to each risk the basic principles of [workmens compensation] industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate or additional charge or rebate of premium contributions shall be in the discretion of the commission.
3. The rating system provided by this section is subject to the following further [limitation that no] limitations:
(a) All studies conducted by the commission for the purpose of determining the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner of insurance.
(b) No increase or reduction of premium rate or additional charge or rebate of premium contributions [shall] may become effective for [60] 30 days after adoption by the commission. Upon the adoption of any increase or reduction of premium rate or additional charge or rebate of premium contributions provided by this section the commission [shall] must file the revised rates with the commissioner of insurance and give written notice thereof to the employer affected by such rate change, charge or rebate. [and grant the employer, if requested by him, a hearing before the commission prior to the effective date of such rate change, charge or rebate.]
(c) The commissioner of insurance must grant the employer a hearing, if the employer requests it, before the effective date of the rate change. At [such] the hearing consideration [shall] must be given to the objections as made by the parties appearing, and all matters in dispute [shall] must be resolved after such hearing by the [commission] commissioner of insurance in a manner which will not unjustly affect the objecting party [.] or the state insurance fund. Following the hearing, the commission shall make such adjustments in rates as are ordered by the commissioner of insurance.
The objective to be accomplished [by the commission shall be] is to prescribe and collect only such premiums as may be necessary to pay the obligations created by this chapter, administrative expenses, and to carry such reasonable reserves as may be prescribed by law or may be deemed necessary to meet such contingencies as may be reasonably expected.
4. Subsections 2 and 3 of this section [shall] do not apply to rating plans made by voluntary agreement between the commission and employer which increases or reduces premium contributions for [employers. Such] the employer. The voluntary rating plans may be retrospective in nature. A voluntary rating plan must be in writing and signed by both the commission and the employer.
Sec. 32. NRS 616.390 is hereby amended to read as follows:
616.390 [Employers] Except for self-insured employers, all employers becoming contributors to the state insurance fund or the accident benefit fund, pursuant to the provisions of NRS 616.315, [shall] must be placed in a separate class, the premium rates of which [shall] must be sufficient to provide an adequate fund for the payment of the proportionate administrative expense and compensation on account of injuries and death of employees of this class.
κ1979 Statutes of Nevada, Page 1048 (CHAPTER 533, AB 84)κ
be sufficient to provide an adequate fund for the payment of the proportionate administrative expense and compensation on account of injuries and death of employees of this class.
Sec. 33. NRS 616.395 is hereby amended to read as follows:
616.395 1. [Every] Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities, and school districts, shall [, on or before July 1, 1947, and thereafter, as required by the commission,] pay to the [commission, for a] state insurance fund, premiums in the form of an advance deposit as shall be fixed by order of the commission. All premium rates now in effect [shall] must be continued in full force until changed [by order of the commission.] as provided by law.
2. Every employer within or electing to be governed by the provisions of this chapter who enters into business or resumes operations [after July 1, 1947,] shall, before commencing or resuming operations, [as the case may be,] notify the commission of such fact, accompanying such notification with an estimate of his monthly payroll, and [shall make payment of] pay the premium on such payroll for the first 2 months of operations.
3. The commission may accept as a substitute for payment of premiums either a bond or pledge of assets. The amount and sufficiency of security required, other than cash, shall be determined by the commission but [shall] must not be of a value less than the amount of cash required by this section.
4. The commission shall accept as a substitute for cash payment of premiums as required in this section a savings certificate or a time deposit certificate issued by a bank or savings and loan association in Nevada, which [certificate shall indicate] indicates an amount at least equal to, but [shall] must not be required to be more than, the next integral multiple of $100 above the cash which would otherwise be required by this section and [shall] must state that such amount is unavailable for withdrawal except by direct and sole order of the commission. Interest earned on the deposit accrues to the account of the employer and not the commission.
Sec. 34. NRS 616.400 is hereby amended to read as follows:
616.400 1. [Every] Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the commission with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed during the month; and
(b) A segregation of employment in accordance with the requirements of the commission,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be $24,000.
κ1979 Statutes of Nevada, Page 1049 (CHAPTER 533, AB 84)κ
3. Any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 [shall operate] operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate.
5. If an audit of the accounts or actual payroll of such employer shows the actual premium earned [to have exceeded] exceeds the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment [would constitute] constitutes an adequate advance premium for the period covered by the estimate.
6. The commission shall [diligently proceed, by use of registered or certified mail or by other suitable means, to] notify any employer [and his representative] or his representative by certified mail of any failure on his part to comply with the foregoing provisions; but such notice or its omission [shall in no way] does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
Sec. 35. NRS 616.405 is hereby amended to read as follows:
616.405 1. [As] Except for a self-insured employer, as soon as possible after the expiration of each quarter year, [it is the duty of] every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and the auditor or comptroller of each county, and the clerk of each municipal corporation, city, and school district, [to] shall furnish the commission with a true and accurate payroll of the state office, department, board, commission, bureau, agency or institution, and county, metropolitan police department, municipal corporation, city, or school district, [or contractor or subcontractor under the state office, department, board, commission, bureau, agency, institution, county, municipal corporation, city, or school district,] showing:
(a) The aggregate number of shifts worked during the preceding quarter.
(b) The total amount paid to employees for services performed during the quarter.
(c) A segregation of employment in accordance with the requirements of the commission.
2. [It shall be the duty of each] Each of the state offices, departments, boards, commissions, bureaus, agencies and institutions [to] shall submit claims for the amount of premiums due to the commission; and [it shall be the duty of] each of the auditors, comptrollers and clerks [to] shall make up and submit to the respective governing boards of each county, metropolitan police department, municipal corporation, city, and school district, for approval, claims for the amount of premiums due the commission. [; and the state offices, departments, boards, commissions, bureaus, agencies, institutions, county auditor or comptroller, city clerk, or clerk of school district shall deduct the amount of the claims for such premiums concerning the payrolls of their respective contractors or subcontractors, as provided for herein, from any settlement with any contractor or subcontractor.]
κ1979 Statutes of Nevada, Page 1050 (CHAPTER 533, AB 84)κ
claims for such premiums concerning the payrolls of their respective contractors or subcontractors, as provided for herein, from any settlement with any contractor or subcontractor.]
Sec. 36. NRS 616.427 is hereby amended to read as follows:
616.427 1. If an employee covered by the Nevada industrial commission who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment resulting in compensation liability for disability that is substantially greater by reason of the combined effects of the pre-existing impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the commission shall pay compensation provided by this chapter on behalf of the employers and shall [establish rules and] adopt regulations for allocating such compensation costs between the employers involved and the subsequent injury account.
2. If the subsequent injury of such an employee [shall result] results in the death of the employee and it [shall be] is determined that the death would not have occurred except for such preexisting permanent physical impairment, the commission shall pay the compensation prescribed by this chapter on behalf of the employers and shall [establish rules and] adopt regulations for allocating such compensation costs between the employers involved and the subsequent injury account.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to be obtaining reemployment if the employee should be unemployed. For the purposes of this section, no condition [shall] may be considered a permanent physical impairment unless it would support a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the latest edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.
4. In order to qualify under this section for credit against the subsequent injury account, the employer must establish by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, [or] at the time the employee was retained in employment after the employer acquired such knowledge [.] or that the employee failed to report or denied the impairment on any written application which formed the basis of the employment.
5. An employer shall notify the commission of any possible claim against the subsequent injury account as soon as practicable, but in no event later than 100 weeks after the injury or death.
Sec. 36.5. NRS 616.427 is hereby amended to read as follows:
616.427 1. If an employee covered by the Nevada industrial commission who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment resulting in compensation liability for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the commission shall pay compensation provided by this chapter on behalf of the employers and shall adopt regulations for allocating such compensation costs between the employers involved and the subsequent injury account.
κ1979 Statutes of Nevada, Page 1051 (CHAPTER 533, AB 84)κ
would have resulted from the subsequent injury alone, the commission shall pay compensation provided by this chapter on behalf of the employers and shall adopt regulations for allocating such compensation costs between the employers involved and the subsequent injury account.
2. If the subsequent injury of such an employee results in the death of the employee and it is determined that the death would not have occurred except for such preexisting permanent physical impairment, the commission shall pay the compensation prescribed by this chapter on behalf of the employers and shall adopt regulations for allocating such compensation costs between the employers involved and the subsequent injury account.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to be obtaining reemployment if the employee should be unemployed. For the purposes of this section, no condition may be considered a permanent physical impairment unless it would support a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the latest edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.
4. In order to qualify under this section for credit against the subsequent injury account, the employer must establish by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, at the time the employee was retained in employment after the employer acquired such knowledge or that the employee failed to report or denied the impairment on any written application which formed the basis of the employment.
5. An employer shall notify the commission of any possible claim against the subsequent injury account as soon as practicable, but in no event later than 100 weeks after the injury or death.
6. The commissioner of insurance must by regulation establish a special revenue fund, known as the subsequent injury fund, and establish the assessments to be paid into it by self-insured employers.
Sec. 37. NRS 616.490 is hereby amended to read as follows:
616.490 1. If the provisions of this chapter relative to compensation for injuries to or death of [workmen] employees become invalid because of any adjudication, or [be] are repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this chapter by lump sum payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the validity shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death [; provided, that such action be] if the action is commenced within 1 year after such repeal or adjudication.
2. In any such action any sum paid out of the state insurance fund or by a self-insured employer by reason of injury to [a workman] an employee by whom, or by whose dependents, the action is prosecuted, shall be taken into account [or disposed of as follows: If the defendant employer shall have paid without delinquency into the state insurance fund the premiums provided for by NRS 616.395, 616.400 and 616.405, or furnished accident benefits pursuant to NRS 616.415, any such sums shall be] and credited upon recovery as payment.
κ1979 Statutes of Nevada, Page 1052 (CHAPTER 533, AB 84)κ
employer shall have paid without delinquency into the state insurance fund the premiums provided for by NRS 616.395, 616.400 and 616.405, or furnished accident benefits pursuant to NRS 616.415, any such sums shall be] and credited upon recovery as payment. [thereon, otherwise the sum shall not be so credited.]
Sec. 38. NRS 616.500 is hereby amended to read as follows:
616.500 1. Notice of the injury for which compensation is payable under this chapter [shall] must be given to the commission as soon as practicable, but within 30 days after the happening of the accident.
2. In case of death of the employee resulting from such injury, notice [shall] must be given to the commission as soon as practicable, but within 60 days after death.
3. The notice [shall:] must:
(a) Be in writing; [and]
(b) Contain the name and address of the injured employee; [and]
(c) State in ordinary language the time, place, nature and cause of the injury; and
(d) Be signed by the injured employee or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf.
4. No proceeding under this chapter for compensation for an injury [shall] may be maintained unless the injured employee, or someone on his behalf, files with the commission a claim for compensation with respect to the injury within 90 days after the happening of the accident, or, in the case of death, within 1 year after death.
5. The notice required by this section [shall] must be served [upon the commission either] by delivery [to and leaving with it] of a copy of the notice, or by mailing [to it by registered or] by certified mail a copy thereof in a sealed postpaid envelope addressed to the commission at its office in Carson City, Nevada. Such mailing [shall constitute] constitutes complete service.
6. Failure to give notice or to file a claim for compensation within the time limit specified in this section [shall be] is a bar to any claim for compensation under this chapter, but such failure may be excused by the commission on one or more of the following grounds:
(a) That notice for some sufficient reason could not have been made.
(b) That failure to give notice will not result in an unwarrantable charge against the state insurance fund.
(c) That failure to give notice was due to the employees or beneficiarys mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit.
7. The commission must either accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within 30 days after the notice provided for in this section is received. If additional information is necessary to determine liability, the commission may extend the period to 60 days upon notice to the claimant if the commissioner of insurance approves. If additional information is still necessary, the commission may grant a further extension if the commissioner of insurance approves and the claimant gives his written consent, but the total period may not be extended to more than 90 days.
κ1979 Statutes of Nevada, Page 1053 (CHAPTER 533, AB 84)κ
Sec. 38.5. NRS 616.500 is hereby amended to read as follows:
616.500 1. Notice of the injury for which compensation is payable under this chapter must be given to the commission or the self-insured employer as soon as practicable, but within 30 days after the happening of the accident.
2. In case of death of the employee resulting from such injury, notice must be given to the commission or the self-insured employer as soon as practicable, but within 60 days after death.
3. The notice must:
(a) Be in writing;
(b) Contain the name and address of the injured employee;
(c) State in ordinary language the time, place, nature and cause of the injury; and
(d) Be signed by the injured employee or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf.
4. No proceeding under this chapter for compensation for an injury may be maintained unless the injured employee, or someone on his behalf, files with the commission or self-insured employer a claim for compensation with respect to the injury within 90 days after the happening of the accident, or, in the case of death, within 1 year after death.
5. The notice required by this section must be served by delivery of a copy of the notice, or by mailing by certified mail a copy thereof in a sealed postpaid envelope addressed to the commission at its office in Carson City, Nevada. Such mailing constitutes complete service.
6. Failure to give notice or to file a claim for compensation within the time limit specified in this section is a bar to any claim for compensation under this chapter, but such failure may be excused by the commission on one or more of the following grounds:
(a) That notice for some sufficient reason could not have been made.
(b) That failure to give notice will not result in an unwarrantable charge against the state insurance fund.
(c) That failure to give notice was due to the employees or beneficiarys mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit.
7. The commission or the self-insured employer must either accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within 30 days after the notice provided for in this section is received. If additional information is necessary to determine liability, the commission or self-insured employer may extend the period to 60 days upon notice to the claimant if the commissioner of insurance approves. If additional information is still necessary, the commission or self-insured employer may grant a further extension if the commissioner of insurance approves and the claimant gives his written consent, but the total period may not be extended to more than 90 days.
Sec. 39. NRS 616.505 is hereby amended to read as follows:
616.505 Where death results from injury, the parties entitled to compensation under this chapter, or someone in their behalf, [shall] must make application for [the same] compensation to the commission [.]
κ1979 Statutes of Nevada, Page 1054 (CHAPTER 533, AB 84)κ
[.] or the self-insured employer. The application must be accompanied [with:] by:
1. Proof of death; [and]
2. Proof of relationship showing the parties to be entitled to compensation under this chapter; [and]
3. Certificates of the attending physician, if any; and
4. Such other proof as required by the [rules] regulations of the commission.
Sec. 40. NRS 616.530 is hereby amended to read as follows:
616.530 1. If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his personal or legal representatives, dependents or next of kind [shall] commence any action or proceeding in any other state to recover any damages or compensation on account of such injury or death from such employer, the act of commencing such action or proceeding [shall constitute] constitutes an irrevocable waiver of any and all compensation on account of such injury or death to which persons would otherwise have been entitled according to the laws of this state.
2. If any such injured employee, his personal or legal representatives, dependents or next of kin [shall] recover a final judgment against such employer for damages arising out of such injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this state, up to the full amount thereof, but less any sums theretofore actually paid for or on account of such injury or death, [shall] must be applied in satisfaction of such judgment as [hereinafter provided in paragraphs (a), (b) and (c).] follows:
(a) Upon receipt of an authenticated copy of such final judgment and writ of execution or other process issued in aid thereof, the commission shall forthwith determine the total amount of compensation which would have been payable under the laws of this state had claim therefor been made to the commission. In the case of compensation payable in installments, the commission shall convert [the same] it into a lump sum amount by such system of computation as the commission [may deem] deems proper.
(b) The commission shall thereupon [cause] order to be paid in full or partial satisfaction of such judgment a sum not to exceed the total amount of compensation computed as [hereinabove] provided in this section or the amount of the judgment, whichever is the lesser.
(c) [If] Except for a self-insured employer, if the judgment is satisfied fully by the employer prior to any payment by the commission pursuant to paragraph (b), the amount payable thereunder [shall] must be paid to the employer.
Sec. 41. NRS 616.535 is hereby amended to read as follows:
616.535 1. Any employee entitled to receive compensation under this chapter is required, if requested by [an appeals officer or] the commission [,] or ordered by a hearing officer, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the commission.
κ1979 Statutes of Nevada, Page 1055 (CHAPTER 533, AB 84)κ
2. The request or order for the examination [shall] must fix a time and place therefor, due regard being had to the convenience of the employee, his physical condition and ability to attend at the time and place fixed.
3. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.
4. If the employee refuses to submit to any such examination or obstructs it, his right to compensation [shall be] is suspended until the examination has taken place, and no compensation is payable during or for account of such period.
5. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.
Sec. 42. NRS 616.542 is hereby amended to read as follows:
616.542 1. The governor shall appoint two appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Each appeals officer shall hold office for a term of 4 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law for employees in the unclassified service of the state.
2. Each appeals officer [shall] must be an attorney who has been licensed to practice law before all the courts of this state for a period of at least 2 years. An appeals officer shall not engage in the private practice of law.
3. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing such case and the governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer shall be paid at an hourly rate based upon the appeals officers salary.
[4. An appeals officer shall render his final decision on a contested claim within 120 days after the hearing.]
[5.] 4. The decision of an appeals officer is the final and binding administrative determination of a claim under this chapter or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
Sec. 43. NRS 616.550 is hereby amended to read as follows:
616.550 Compensation payable under this chapter, whether determined or due, or not, [shall] is not, prior to the issuance and delivery of the [warrant thereof, be] check, assignable, [shall be] is exempt from attachment, garnishment and execution, and [shall] does not pass to any other person by operation of law; but in any case of the death of an injured employee covered by this chapter from causes independent from the injury for which compensation is payable, any compensation due such employee which was awarded or accrued but for which [the warrant or warrants were] a check was not issued or delivered at the date of death of such employee [shall be] is payable to his dependents as defined in NRS 616.615.
Sec. 44. NRS 616.560 is hereby amended to read as follows:
616.560 1. When an employee coming under the provisions of this chapter receives an injury for which compensation is payable under this chapter and which injury was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
κ1979 Statutes of Nevada, Page 1056 (CHAPTER 533, AB 84)κ
chapter receives an injury for which compensation is payable under this chapter and which injury was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
(a) The injured employee, or in the case of death, his dependents, may take proceedings against that person to recover damages, but the amount of the compensation to which the injured employee or his dependents are entitled under this chapter, including any future compensation under this chapter, [shall] must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employees injury.
(b) If the injured employee, or in case of death his dependents, receive compensation under this chapter, the commission or the self-insured employer has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor. In any action or proceedings taken by the commission or the self-insured employer under this section evidence of the amount of compensation, accident benefits and other expenditures which the commission or the self-insured employer has paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the commission or the self-insured employer recovers more than the amounts it has paid or become obligated to pay as compensation, [it shall pay] the excess must be paid to the injured employee or his dependents.
(c) The injured employee, or in the case of death his dependents, shall first notify the commission or the self-insured employer in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.
2. In any case where the commission or the self-insured employer is subrogated to the rights of the injured employee or of his dependents as provided in subsection 1, the commission or the employer has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employees injury.
3. The lien provided for under subsection 2 includes the total compensation expenditure incurred by the commission or the self-insured employer for the injured employee and his dependents.
4. Within 15 days of the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise, the injured employee or his representative shall notify the commission or the self-insured employer of such recovery and pay to the commission or employer the amount due under this section together with an itemized statement showing the distribution of the total recovery.
5. In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury shall receive proof of the amount of all payments made or to be made by the commission.
κ1979 Statutes of Nevada, Page 1057 (CHAPTER 533, AB 84)κ
amount of all payments made or to be made by the commission. The court shall instruct the jury substantially as follows:
(a) Payment of workmens compensation benefits by the Nevada industrial commission is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer or the Nevada industrial commission any amount paid to him or paid on his behalf by his employer or by the Nevada industrial commission; and
(b) If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the courts instructions on damages and return your verdict in the plaintiffs favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which [the Nevada industrial commission] any compensation benefits will be repaid from your award.
Sec. 45. NRS 616.565 is hereby amended to read as follows:
616.565 1. No compensation under this chapter [shall] may be allowed for an injury:
(a) Caused by the employees willful intention to injure himself.
(b) Caused by the employees willful intention to injure another.
(c) Sustained by the employee while intoxicated.
2. No compensation [shall be] is payable for the death, disability or treatment of an employee if his death be caused by, or insofar as his disability may be aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
3. If any employee [shall persist] persists in insanitary or injurious practices which tend to either imperil or retard his recovery, or [shall refuse] refuses to submit to such medical or surgical treatment as is reasonably essential to promote his recovery [, the commission may, in its discretion, reduce or suspend] the compensation of any such injured employee [.] may be reduced or suspended.
Sec. 46. NRS 616.583 is hereby amended to read as follows:
616.583 Any employee receiving permanent total disability benefits shall report annually on the anniversary date of the award to the commission all of his earnings for the prior 12-month period. In the event the employee fails to make such a report to the commission within 30 days following the anniversary date, the commission shall notify the employer and the employee that such reports have not been received and the commission may then [suspend] order any further payments suspended until such report of earnings is filed with the commission.
Sec. 47. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The percentage of disability [shall] must be determined [by the commission.
κ1979 Statutes of Nevada, Page 1058 (CHAPTER 533, AB 84)κ
commission. The determination shall be made] by a physician designated by the commission, or board of physicians, in accordance with the current American Medical Association publication, Guides to the Evaluation of Permanent Impairment.
3. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to permanent partial disability compensation.
4. Each 1 percent of impairment of the whole man [shall] must be compensated by monthly payment of 0.5 percent of the claimants average monthly wage. Compensation [shall] must commence on the date of the injury or the day following termination of temporary disability compensation, if any, whichever is later, and [shall] must continue on a monthly basis for 5 years or until the 65th birthday of the claimant, whichever is later.
(a) [The commission may pay compensation benefits] Compensation benefits may be paid annually to claimants with less than a 25 percent permanent partial disability.
(b) [The commission may advance up to 1 years permanent partial disability benefits to an injured workman who demonstrates a dire financial need that is not met by the ordinary monthly benefit. Monthly permanent partial disability benefits will not begin until the total advance is offset.
(c)] A permanent partial disability award may be paid in a lump sum under the following conditions:
(1) A claimant injured on or after July 1, 1973, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum.
(2) A claimant injured on or after July 1, 1973, who incurs a disability that exceeds 12 percent [may, upon] may:
(I) Upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the commission to receive his compensation in a lump sum [.] ; or
(II) Elect to receive up to 25 percent of his compensation in a lump sum without a demonstration of need.
(3) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615 is entitled to a lump sum equal to the present value of the deceased claimants undisbursed permanent partial disability award.
[(d)] (c) The commission shall adopt regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.
[(e)] (d) Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, [shall] must be supplemented if necessary to conform to the provisions of this section.
[(f)] (e) The total lump sum payment for disablement [shall] must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable [shall] must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid.
κ1979 Statutes of Nevada, Page 1059 (CHAPTER 533, AB 84)κ
of the compensation awarded, less any advance payment or lump sum previously paid. The present value [shall be] is calculated using monthly payments in the amounts prescribed in subsection 4 and actuarial annuity tables adopted by the commission. The tables [shall] must be reviewed annually by a consulting actuary.
6. [(a)] An employee receiving: [permanent]
(a) Permanent total disability compensation is not entitled to permanent partial disability compensation during the period when he is receiving permanent total disability compensation.
[(b) An employee receiving temporary] (b) Temporary total disability compensation is not entitled to permanent partial disability compensation during the period of temporary total disability.
[(c) An employee receiving temporary] (c) Temporary partial disability compensation is not entitled to permanent partial disability compensation during the period of temporary partial disability.
7. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury [shall] must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
8. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper [rules] regulations to carry out the provisions of this section.
9. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which were incurred before July 1, 1973.
10. This section does not entitle any person to double payments on account of death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury has been fatal.
Sec. 48. 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 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 $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] must be borne by the commission [, subject to its approval, but the transportation shall not be] or the self-insured employer if the transportation is not 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] must 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] must be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
κ1979 Statutes of Nevada, Page 1060 (CHAPTER 533, AB 84)κ
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] must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest reaches the age of 18 years.
(b) If the children have a guardian, the compensation on account of 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] ceases when he dies, marries or reaches the age of 18 years. A child is entitled to compensation under this section if he is:
(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] must 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] must 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] must 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] must be determined in accordance with the facts as the facts may be at the time of the injury.
κ1979 Statutes of Nevada, Page 1061 (CHAPTER 533, AB 84)κ
(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] must 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 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] must be fixed in accordance with the facts shown, but [in no case shall] may not exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower [shall] must 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.
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] must 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 $2,500 [shall] must be paid.
Sec. 49. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter.
2. A self-insured employer is not required to pay the contributions required of other employers by NRS 617.310.
3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the commissioner of insurance with respect thereto.
4. The security deposited pursuant to section 4 of this act does not relieve the employer from responsibility for the administration of claims and payment of compensation under this chapter.
5. A self-insured employer qualifying under the provisions of this chapter must comply with the provisions of section 4 of this act.
Sec. 50. NRS 617.310 is hereby amended to read as follows:
617.310 1. [After July 1, 1947, every] Except for a self-insured employer, every employer within the provisions of this chapter and every employer electing to be governed by the provisions of this chapter, before becoming entitled to the benefits [hereof] of this chapter in the providing and securing of compensation to his employees, shall pay to the commission, for the occupational diseases fund and the medical benefits fund, in the manner and at the times prescribed for the payment of premiums in chapter 616 of NRS, premiums in [such] amounts [as shall be] fixed [and determined] by the commission for the occupation or employment of such employer according to the classification, rules and rates made and promulgated by the commission.
κ1979 Statutes of Nevada, Page 1062 (CHAPTER 533, AB 84)κ
of premiums in chapter 616 of NRS, premiums in [such] amounts [as shall be] fixed [and determined] by the commission for the occupation or employment of such employer according to the classification, rules and rates made and promulgated by the commission.
2. The commission shall fix [and determine] the classifications of employment and the rules and rates regulating and prescribing premiums in regard thereto.
Sec. 51. NRS 617.330 is hereby amended to read as follows:
617.330 In all cases of occupational disease or death resulting from occupational disease, except as otherwise provided in this chapter, a proceeding before the commission on a claim for compensation [shall be] is forever barred, unless, within 90 days after the employee has knowledge of the disability, or within 1 year after death occurred, a claim therefor is filed with the commission.
Sec. 51.5. NRS 617.330 is hereby amended to read as follows:
617.330 In all cases of occupational disease or death resulting from occupational disease, except as otherwise provided in this chapter, a proceeding before the commission or self-insured employer on a claim for compensation is forever barred, unless, within 90 days after the employee has knowledge of the disability, or within 1 year after death occurred, a claim therefor is filed with the commission [.] or self-insured employer.
Sec. 52. NRS 617.350 is hereby amended to read as follows:
617.350 1. All applications and claims for compensation [shall:] must:
(a) Be made in writing.
(b) Contain the names and addresses of the employee and his employer.
(c) State in ordinary language the facts and circumstances surrounding the disablement or disability claimed to have resulted from any of the occupational diseases defined in this chapter and the nature thereof.
(d) Be signed by the employee or a person in his behalf, or in case of the employees death by one of more of his dependents or by a person in their behalf.
2. The application or claim required by this section [shall] must be served upon the commission [either] or a self-insured employer by:
(a) Delivery to and leaving with it a copy of the application or claim; or
(b) Mailing to [it by registered or] the commission or to the self-insured employer by certified mail a copy thereof. [in a sealed postpaid envelope addressed to the commission at Carson City, Nevada.] Such mailing [shall constitute] constitutes complete service.
3. An application or claim having been served as provided in this section, the employee or his dependents, as the case may be, upon request, shall furnish to the commission or the self-insured employer all facts and information in regard to the occupational disease for which compensation is claimed.
Sec. 53. NRS 617.360 is hereby amended to read as follows:
617.360 1. The application or claim provided for in NRS 617.350 [shall] must be supported by a physicians certificate setting forth a full and complete report of the occupational disease for which compensation is claimed.
κ1979 Statutes of Nevada, Page 1063 (CHAPTER 533, AB 84)κ
2. Every physician or surgeon who attends an employee within the provisions of this chapter, subject to the [rules and] regulations in chapter 616 of NRS, [is required to] shall file such certificate with the commission [.] or with the self-insured employer.
Sec. 54. NRS 617.390 is hereby amended to read as follows:
617.390 1. Compensation [shall] must not be awarded on account of both injury and disease.
2. If an employee claims to be suffering from both an occupational disease and an injury, the commission or self-insured employer shall determine which is causing the disability and [shall pay compensation therefor from the proper fund] order payment of compensation in accordance with the provisions of chapter 616 of NRS.
Sec. 55. NRS 617.410 is hereby amended to read as follows:
617.410 Compensation for disability sustained on account of occupational disease by an employee, or the dependents of such employee as defined in this chapter, [shall] must be paid from the occupational diseases fund [.] or if the employee is employed by a self-insured employer, then by the employer.
Sec. 56. NRS 617.430 is hereby amended to read as follows:
617.430 1. Every employee who is disabled or dies because of an occupational disease, as defined in this chapter, arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in chapter 616 of NRS, of an employee whose death is caused by an occupational disease, [shall, on and after July 1, 1947, be] are entitled to the compensation provided by chapter 616 for temporary disability, permanent [total] disability, or death, as the facts may warrant, subject to the modifications mentioned in this chapter.
2. In cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person [shall be] is entitled to such compensation unless for 90 days next preceding the contraction of such occupational disease the employee has been:
(a) A resident of the State of Nevada; or
(b) Employed by an employer contributing to the occupational diseases fund of Nevada for the benefit of such employee.
Sec. 56.5. NRS 617.430 is hereby amended to read as follows:
617.430 1. Every employee who is disabled or dies because of an occupational disease, as defined in this chapter, arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in chapter 616 of NRS, of an employee whose death is caused by an occupational disease, are entitled to the compensation provided by chapter 616 for temporary disability, permanent disability, or death, as the facts may warrant, subject to the modifications mentioned in this chapter.
2. In cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person is entitled to such compensation unless for 90 days next preceding the contraction of such occupational disease the employee has been:
(a) A resident of the State of Nevada; or
(b) Employed by a self-insured employer or an employer contributing to the occupational diseases fund of Nevada for the benefit of such employee.
κ1979 Statutes of Nevada, Page 1064 (CHAPTER 533, AB 84)κ
Sec. 57. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis [shall be considered] is an occupational disease and [shall be] is compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation an account of silicosis [shall be] are forever barred unless application [shall have been] is made to the commission within 1 year after temporary or total disability or within 6 months after death.
3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation [shall] may be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee [shall have] has been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 3 years in employment in Nevada covered by the Nevada industrial commission.
5. Compensation on account of silicosis is payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as provided in NRS 616.615, the commission shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment. Payment of benefits and compensation is limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis prior to July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, [and such supplemental amounts as authorized in NRS 617.465 to 617.469, inclusive,] to which they are entitled [shall] must be terminated from all compensation payments by the commission, but [shall] is entitled to continue to receive the same amount of compensation from the silicosis and disabled pension fund.
Sec. 57.1. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis is an occupational disease and is compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis are forever barred unless application is made to the commission or to the self-insured employer within 1 year after temporary or total disability or within 6 months after death.
3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation may be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee has been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 3 years in employment in Nevada covered by the Nevada industrial commission [.]
κ1979 Statutes of Nevada, Page 1065 (CHAPTER 533, AB 84)κ
for a total period of not less than 3 years in employment in Nevada covered by the Nevada industrial commission [.] or a self-insured employer.
5. Compensation on account of silicosis is payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as provided in NRS 616.615, the commission shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment. Payment of benefits and compensation is limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis prior to July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled must be terminated from all compensation payments by the commission, but is entitled to continue to receive the same amount of compensation from the silicosis and disabled pension fund.
Sec. 57.3. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The cost of salaries and other expenses of the hearings division must be paid by the Nevada industrial commission from the state insurance fund, within the limit of the legislative authorization for this purpose.
Sec. 57.4. Section 57.3 of Assembly Bill No. 84 of the 60th session of the Nevada legislature is hereby amended to read:
Sec. 57.3. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The cost of salaries and other expenses of the hearings division must be paid by [the] :
(a) The Nevada industrial commission from the state insurance fund, within the limit of the legislative authorization for this purpose [.] ; and
(b) Self-insured employers,
in accordance with their proportionate use of the services of the division.
Sec. 57.5. 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.
(d) Hearings division, which consists of hearing officers and appeals officers whose duties are prescribed by chapter 616 of NRS.
Sec. 57.7. 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. Shall personally serve as chief of the hearings division and shall appoint the hearing officers, who are in the classified service of the state.
κ1979 Statutes of Nevada, Page 1066 (CHAPTER 533, AB 84)κ
4. 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 Assembly Bill No. 24 of the 60th session of the Nevada legislature, and all other provisions of law relating to the functions of the divisions of the department.
[4.] 5. Has such other powers and duties as provided by law.
Sec. 58. NRS 443.165 is hereby amended to read as follows:
443.165 1. Each person who is eligible for the benefits provided for in NRS 443.145 to 443.165, inclusive, [shall be] is entitled to receive benefits under the special silicosis program in an amount equal to the compensation paid to persons eligible for compensation under the provisions of NRS 617.460.
2. The Nevada industrial commission and any self-insured employer shall cooperate with the health division of the department of human resources for the purpose of determining the amount of benefits to which persons found eligible by the state board of health are entitled, and shall make available to the state board of health all records which may be of use to the board in determining eligibility.
Sec. 59. NRS 617.465, 617.466, 617.467, 617.468 and 617.469 are hereby repealed.
Sec. 60. The legislative auditor shall conduct an audit of the Nevada industrial commission during the interim between the 60th and the 61st sessions of the Nevada legislature to determine compliance with the law. The legislative auditor must report his findings and any recommendations to the 61st session of the Nevada legislature.
Sec. 61. 1. Sections 30, 57.5 and 57.7 of this act shall become effective at 12:01 a.m. on July 1, 1979.
2. Sections 1 to 17, inclusive, 18.4, 26.1, 27.5, 28, 30.5, 32 to 35, inclusive, 36.5, 37, 38.5, 39, 40, 44, 48, 49, 50, 51.5, 52 to 55, inclusive, 56.5, 57.1, 57.4 and 58 shall become effective on January 1, 1980.
________
Assembly Bill No. 32Committee on Taxation
CHAPTER 534
AN ACT relating to the property tax; removing the provision for interest on penalties and costs on delinquent taxes; lengthening the time within which notice of delinquency must be given; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.565 is hereby amended to read as follows:
361.565 1. Within [20] 30 days after the 1st Monday in March of each year, in all cases where the tax is delinquent, the tax receiver of the county shall give notice in the manner and form provided in this section.
2. [Such] The notice shall be published in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 at least once a week from the date thereof for 4 consecutive weeks, being four insertions.
κ1979 Statutes of Nevada, Page 1067 (CHAPTER 534, AB 32)κ
publishes the list of taxpayers pursuant to NRS 361.300 at least once a week from the date thereof for 4 consecutive weeks, being four insertions. If there is no newspaper in the county, [such] the notice shall be posted in at least five conspicuous places within the county.
3. The cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county. [Such] The publication shall be made at not more than legal rates.
4. When the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, the notice shall be given by posting a copy of the [same] notice in three conspicuous places within the county without publishing the [same] notice in a newspaper.
5. [Such] The notice shall state:
(a) The name of the owner, if known.
(b) The description of the property on which [such] the taxes are a lien.
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, on the [4th Monday in April] 1st Monday in May of the current year at 1:30 p.m. of that day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from date due until paid as provided by law and that [such] redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
6. [Such] The notice shall be mailed in the following manner:
(a) At the same time that the tax receiver [shall first publish] first publishes the notice or [post the same,] posts the notice, as the case may be, he shall send a copy of the notice by first class mail, in the case of each respective property as taxed, to the owner or owners [thereof,] of the property, and also to the person or persons listed as the taxpayer or taxpayers thereon on the tax rolls, at their last-known addresses, if [such] the names and addresses are known. Upon mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel. The affidavit shall recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Detailed records shall be maintained by the tax receiver in support of his affidavit, in such content as the department may prescribe, until the period of redemption has expired.
(b) A second copy shall be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.
(c) The cost of each [such] mailing shall be charged to the delinquent taxpayer at the rate of $1 each.
Sec. 2. NRS 361.570 is hereby amended to read as follows:
361.570 1. Pursuant to the notice given as provided in NRS 361.565 and at the time so noticed, the tax receiver shall make out his certificate authorizing the county treasurer as trustee for the state and county to hold the property described [therein] in the notice for the period of 2 years after the [date thereof] 1st Monday in May of the year the certificate is dated, unless sooner redeemed.
κ1979 Statutes of Nevada, Page 1068 (CHAPTER 534, AB 32)κ
county to hold the property described [therein] in the notice for the period of 2 years after the [date thereof] 1st Monday in May of the year the certificate is dated, unless sooner redeemed.
2. The certificate should specify:
(a) The amount of delinquency, including the amount and year of assessment; and
(b) The taxes and the penalties and costs added thereto, and that interest [thereon] on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and
(c) The name of the owner or taxpayer, if known.
3. The certificate [shall] must state, and it is hereby provided:
(a) That the property may be redeemed within 2 years from its date; and
(b) That if not redeemed, the title to the property [shall vest] vests in the county for the benefit of the state and county.
4. Until the expiration of the period of redemption, the property held pursuant to the certificate [shall] must be assessed annually to the county treasurer as trustee, and before the owner or his successor [shall redeem such] redeems the property he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with the interest [thereon] on the taxes at the rate of 10 percent per annum from the date due until paid.
5. It shall be the county treasurers duty to take certificates issued to him under the provisions of this section.
________
Assembly Bill No. 417Assemblymen Mello, Bremner, Barengo, Hickey, Wagner, Glover, Rhoads, Webb, Vergiels, Mann, Dini, Harmon, May, Robinson, Sena, Rusk, Price, Polish, Tanner, Westall, Bennett, Chaney, Banner, Bedrosian, Bergevin, Brady, Coulter, Craddock, FitzPatrick, Getto, Hayes, Horn, Jeffrey, Malone, Prengaman, Stewart, Fielding and Marvel
CHAPTER 535
AN ACT increasing salaries of employees of the State of Nevada in the classified service; providing for salary adjustments in the classified service; making appropriations for such salary increases and adjustments from the state general fund and the state highway fund; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. Except as otherwise provided in this act, to effect an approximate 8-percent salary increase effective January 1, 1979, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1979, and ending June 30, 1979, the sum of $1,864,509, and for fiscal periods beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981, the sums of $3,952,503 and $4,384,130, respectively, for the purpose of meeting any deficiencies which may be created between appropriated money of the respective departments, commissions and agencies of the State of Nevada, including the University of Nevada System, as fixed by the 59th and 60th sessions of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies, including the University of Nevada System, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1979.
κ1979 Statutes of Nevada, Page 1069 (CHAPTER 535, AB 417)κ
and ending June 30, 1981, the sums of $3,952,503 and $4,384,130, respectively, for the purpose of meeting any deficiencies which may be created between appropriated money of the respective departments, commissions and agencies of the State of Nevada, including the University of Nevada System, as fixed by the 59th and 60th sessions of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies, including the University of Nevada System, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1979.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1980, and ending June 30, 1980, the sum of $1,480,631, and for the fiscal period beginning July 1, 1980, and ending June 30, 1981, the sum of $3,232,265, to provide a maximum 5.5-percent salary adjustment for classified employees described in subsection 1, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1980, and to be effective through June 30, 1981. The percentage increase must be determined by using the National Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1978 through September 1979, not to exceed 5.5 percent.
3. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, including the University of Nevada System, out of the money appropriated by this section, such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salary needs of the respective departments, commissions, agencies, including the University of Nevada System, under the adjusted pay plan of January 1, 1979.
Sec. 2. 1. To effect an approximate 8-percent salary increase effective January 1, 1979, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1979, and ending June 30, 1979, the sum of $217,497, and for the fiscal periods beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981, the sums of $370,911 and $411,313, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the department of motor vehicles and of the public service commission of Nevada as fixed by the 59th and 60th sessions of the legislature, and the salary requirements of classified personnel of the department of motor vehicles and appropriate employees of the public service commission of Nevada needed under an adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1979.
2. There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1980, and ending June 30, 1980, the sum of $141,016, and for the fiscal period beginning July 1, 1980, and ending June 30, 1981, the sum of $305,247, to provide a maximum 5.5-percent salary adjustment for classified employees of the department of motor vehicles and appropriate employees of the public service commission of Nevada, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1980, and to be effective through June 30, 1981.
κ1979 Statutes of Nevada, Page 1070 (CHAPTER 535, AB 417)κ
beginning July 1, 1980, and ending June 30, 1981, the sum of $305,247, to provide a maximum 5.5-percent salary adjustment for classified employees of the department of motor vehicles and appropriate employees of the public service commission of Nevada, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1980, and to be effective through June 30, 1981. The percentage increase must be determined by using the National Consumer Price Index, published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1978 through September 1979, not to exceed 5.5 percent.
3. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, may allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
Sec. 3. 1. To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 2 of section 1 of this act, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1980, and ending June 30, 1980, the sum of $270,441, and for the fiscal period beginning July 1, 1980, and ending June 30, 1981, the sum of $591,027.
2. To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 2 of section 2 of this act, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1980, and ending June 30, 1980, the sum of $25,457, and for the fiscal period beginning July 1, 1980, and ending June 30, 1981, the sum of $55,535.
3. The state board of examiners may allocate money from the respective appropriations made by this section only if and to the extent that the conditions prescribed in section 4 of this act are satisfied.
Sec. 4. 1. The state board of examiners shall determine on or before January 1, 1980, whether the guidelines or regulations of the Federal Council on Wage and Price stability have been removed or sufficiently relaxed to permit the adjustments authorized by subsections 2 and 3 to be made.
2. If the percentage increase of the National Consumer Price Index for the months of October 1978 through September 1979 is 6.5 percent or more, the entire amount of each appropriation made in section 3 of this act may be allocated for the appropriate fiscal period to provide an approximate 1-percent salary adjustment.
3. If the percentage increase of the National Consumer Price Index for the months of October 1978 through September 1979 is 6.5 percent or more, a portion of the amount of each appropriation made in section 3 of this act may be allocated for the appropriate fiscal period to provide an approximate 1-percent salary adjustment effective no sooner than the date when the guidelines are removed.
κ1979 Statutes of Nevada, Page 1071 (CHAPTER 535, AB 417)κ
more, a portion of the amount of each appropriation made in section 3 of this act may be allocated for the appropriate fiscal period to provide an approximate 1-percent salary adjustment effective no sooner than the date when the guidelines are removed.
Sec. 5. This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1979.
________
Assembly Bill No. 241Committee on Labor and Management
CHAPTER 536
AN ACT relating to unemployment compensation; providing for ineligibility for benefits of a person discharged from employment for misconduct under certain circumstances; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 612.385 is hereby amended to read as follows:
612.385 [An individual shall be disqualified for benefits for the week in which he has filed a claim for benefits, if he has been discharged by his most recent employing unit, or by his next most recent employing unit if he has not earned at least five times his weekly benefit amount following the work immediately preceding his most recent work, for misconduct connected with his work, if so found by the executive director, and for not more than 15 consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director in each case according to the seriousness of the misconduct. The total benefit amount, during his current benefit year, shall be reduced by an amount equal to the number of weeks for which he is disqualified multiplied by his weekly benefit amount, provided no benefit amount shall be reduced by more than one-half the amount to which such individual is otherwise entitled.] A person is ineligible for benefits for the week in which he has filed a claim for benefits, if he was discharged from his last or next to last employment for misconduct connected with his work, and remains ineligible until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of not more than 15 weeks thereafter as determined by the executive director in each case according to the seriousness of the misconduct.
________
κ1979 Statutes of Nevada, Page 1072κ
Assembly Bill No. 389Assemblyman Glover
CHAPTER 537
AN ACT relating to crimes against property; providing a penalty for stopping payment on a check under certain circumstances; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.380 is hereby amended to read as follows:
205.380 1. Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
[1.] (a) If the value of the thing so fraudulently obtained was $100 or more, 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, and be sentenced to restore the property so fraudulently obtained, if it can be done.
[2.] (b) If the value of the thing so fraudulently obtained [did not exceed in value the sum of] was less than $100, [every person so offending is a cheat and is guilty of] for a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done.
2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received stops payment on that instrument and fails to return or offer to return the property in that condition within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of intent to defraud.
4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received and the failure to return or offer to return the property in that condition within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. If the value of the property so fraudulently obtained was less than $100, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.
κ1979 Statutes of Nevada, Page 1073 (CHAPTER 537, AB 389)κ
less than $100, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing and records division of the department of general services, who may charge a fee based on the cost for each copy of the notice supplied to any person.
________
Assembly Bill No. 388Assemblyman Glover
CHAPTER 538
AN ACT relating to education; creating the commission on professional standards in education; prescribing its duties; making an appropriation; providing for expiration of the act by limitation; and providing other matters properly relating thereto.
[Approved May 27, 1979]
Whereas, The State of Nevada recognizes teaching as a profession for which standards should be established and maintained by a broadly representative group; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. The commission on professional standards in education, consisting of 11 members appointed by the governor, is hereby created.
2. The governor shall appoint the following persons to the commission:
(a) Three classroom teachers recommended by the Nevada State Education Association.
(b) Two school administrators recommended by the Nevada Association of School Administrators.
(c) The deans of the respective Colleges of Education of the University of Nevada at Las Vegas and at Reno, or their delegates.
(d) A representative of the Nevada Personnel Guidance Association.
(e) A representative of private schools.
(f) A representative of the general public.
(g) A representative of the Nevada School Boards Association.
3. The superintendent of public instruction or his designee shall serve as the executive secretary to the commission but does not have voting privileges. The executive secretary shall coordinate the activities of the commission.
4. The commission shall meet at least once a month.
5. The members of the commission are entitled to the travel expenses and subsistence allowances provided by law for state employees while attending meetings of the commission.
κ1979 Statutes of Nevada, Page 1074 (CHAPTER 538, AB 388)κ
Sec. 2. The commission, as an advisory body to the state board of education, shall:
1. Recommend standards for the teaching profession.
2. Recommend standards for the certification of teachers and such other requirements as the commission deems necessary.
3. Propose for adoption appropriate regulations regarding the procedures for certification.
4. Conduct a continuing evaluation of the program of certification and the effects of the program upon the schools of the state.
5. Recommend standards and procedures to govern credit for courses which are taken by a person while he is employed as a teacher.
6. Develop a concise policy regarding the continuing education and recertification of teachers.
Sec. 3. 1. There is hereby appropriated from the state general fund to the state department of education for the support of the commission on professional standards in education:
(a) For the fiscal year 1979-80, the sum of $8,160.
(b) For the fiscal year 1980-81, the sum of $8,160.
2. Any unencumbered balances of the appropriations made in subsection 1 must not be committed for expenditure after June 30 of the respective fiscal years, and such balances revert to the state general fund.
Sec. 4. This act expires by limitation on July 1, 1981.
________
Assembly Bill No. 249Assemblymen Glover, Dini, Coulter, Mello and Bedrosian
CHAPTER 539
AN ACT relating to group insurance for members of the public employees retirement system; authorizing local governments to pay all or part of the group insurance premiums of their retired employees; requiring the state to pay $15 per month of the cost of the group insurance premiums of its retired employees; making an appropriation; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon [such] retirement to [:
(a) Cancel any such coverage that he or his dependents might have; or
κ1979 Statutes of Nevada, Page 1075 (CHAPTER 539, AB 249)κ
(b) Continue] cancel or continue any such group insurance or medical and hospital service coverage [that he or his dependents may have,] to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. § 1395 et seq.) upon assuming the [full] portion of the premium or membership costs for the coverage continued [, until such time as he elects to be covered under another group insurance or medical and hospital service coverage.] which the governing body does not pay on behalf of retired officers or employees.
2. Notice of the selection of the option must be given in writing to the [group insurance or hospital and medical service carrier.] last public employer of the officer or employee within 30 days after the date of retirement. If no notice is given [prior to the date that the first premium payment following retirement is due,] by that date, the retired employee shall be deemed to have selected the option to cancel his coverage.
3. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage under subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
Sec. 2. NRS 287.040 is hereby amended to read as follows:
287.040 [Nothing] Except as provided in subsection 4 of NRS 287.023, nothing contained in NRS 287.010 to 287.040, inclusive, shall be construed to make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums therefor.
Sec. 3. NRS 287.046 is hereby amended to read as follows:
287.046 1. Any state or other participating officer or employee who elects to participate in the states group insurance program [shall be entitled so to] may participate, and the department, agency, commission or public agency which employs [such] the officer or employee shall pay the states share of the cost of the premiums of [such] the group insurance from [funds] money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program shall authorize deductions from their compensation for the payment of premiums on [such] the insurance.
2. The personnel division of the department of administration shall pay $15 per month of the cost of the premiums of group insurance for persons retired from the service of the state who have continued to participate. The division shall agree through the committee on group insurance with the insurer for billing of remaining premiums to the retired participants.
κ1979 Statutes of Nevada, Page 1076 (CHAPTER 539, AB 249)κ
Sec. 4. NRS 287.047 is hereby amended to read as follows:
287.047 1. Upon the termination of his employment [,] other than by retirement, any state or other participating officer or employee may [, for any purpose, elect to] retain his membership in the states group insurance program if the retention [of such membership] is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to [such] the program, but no part of the cost of the group insurance premiums [shall] may thereafter be paid by the department, agency, commission or public agency which employed [such] the officer or employee.
2. Upon retirement from the service of the state, a participating state employee may retain his membership in the states group insurance program if the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies for the program.
Sec. 5. There is hereby appropriated from the state general fund to the personnel division of the department of administration to perform its duties under sections 1 to 4, inclusive, of this act:
1. For the fiscal year 1979-80, the sum of $252,540.
2. For the fiscal year 1980-81, the sum of $252,540.
Sec. 6. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 476Committee on Transportation
CHAPTER 540
AN ACT relating to motor vehicle carriers; changing exemptions for licensing of motor vehicle carriers; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.196 is hereby amended to read as follows:
706.196 1. The department may:
(a) Require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484.739.
(b) Examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state.
2. These books, papers and records must be preserved intact for a period of 28 months.
3. The fact that such books, papers and records are not maintained in this state [shall] does not cause the department to lose any right of examination under this chapter when and where [such] the books, papers and records become available.
κ1979 Statutes of Nevada, Page 1077 (CHAPTER 540, AB 476)κ
Sec. 2. NRS 706.506 is hereby amended to read as follows:
706.506 1. Except as otherwise provided in NRS 706.011 to 706.791, inclusive, the license fees for vehicles [shall be] are as follows:
Unladened weight Fee
5,001 pounds to and including 6,000 pounds...................................................... $45
6,001 pounds to and including 7,000 pounds........................................................ 72
7,001 pounds to and including 8,000 pounds........................................................ 99
8,001 pounds to and including 9,000 pounds...................................................... 126
9,001 pounds to and including 10,000 pounds.................................................... 153
10,001 pounds to and including 11,000 pounds.................................................. 180
11,001 pounds to and including 12,000 pounds.................................................. 207
12,001 pounds to and including 13,000 pounds.................................................. 234
13,001 pounds to and including 14,000 pounds.................................................. 261
14,001 pounds to and including 15,000 pounds.................................................. 288
15,001 pounds to and including 16,000 pounds.................................................. 315
16,001 pounds to and including 17,000 pounds.................................................. 342
17,001 pounds to and including 18,000 pounds.................................................. 369
18,001 pounds to and including 19,000 pounds.................................................. 396
19,001 pounds to and including 20,000 pounds.................................................. 423
20,001 pounds and over.......................................................................................... 450
2. For the purposes of this section each vehicle, including a trailer and semitrailer, [shall] must be considered a separate vehicle, but no license [shall be] is required for converter gear dollies. Notwithstanding any other provisions of NRS 706.011 to 706.791, inclusive, the number of trailers to be licensed in conjunction with a motor vehicle [shall be] is the maximum number to be towed by [such] that motor vehicle.
3. The unladened weight fee of vehicles carrying permanently mounted equipment, including but not limited to ready-mix concrete vehicles, well-drilling vehicles and similar classes of vehicles specifically designated by the department, [shall] must be determined by using a weight equivalent to 70 percent of the total weight of such vehicles, fully equipped but exclusive of load.
4. Except for the license fee provided for in subsection 6, the license fee imposed by this section [shall] must be reduced one-twelfth, rounded to the nearest dollar, for each month which has elapsed since the beginning of the calendar year.
5. Should any vehicle within the terms of this chapter be changed in any respect after it is weighed, which change increases its unladened weight, the department may require another weighing of [such] the vehicle and additional fees paid [thereon.] on it.
6. Except as otherwise provided in NRS 706.496, [and 706.501,] the operator of any motor vehicle weighing 5,000 pounds or less, including station wagons, which vehicle is used primarily for the transportation of property, may pay a fee of $15 for an identifying device, and the department shall issue an identifying device of the same type as is issued to vehicles which are required to pay the fees under this section.
Sec. 3. NRS 706.521 is hereby amended to read as follows:
706.521 1. [Any person, except operators of driveaway-towaway convoy vehicles, shall have] Except as provided in subsection 6, any person, including but not limited to operators of taxicabs and of tow cars with an unladened weight of 9,000 pounds or more, has the option, in lieu of causing [such] a vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a 48-hour temporary license to be issued forthwith upon payment of a fee equal to 5 percent of the license fee provided in NRS 706.506, rounded off to the nearest dollar.
κ1979 Statutes of Nevada, Page 1078 (CHAPTER 540, AB 476)κ
convoy vehicles, shall have] Except as provided in subsection 6, any person, including but not limited to operators of taxicabs and of tow cars with an unladened weight of 9,000 pounds or more, has the option, in lieu of causing [such] a vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a 48-hour temporary license to be issued forthwith upon payment of a fee equal to 5 percent of the license fee provided in NRS 706.506, rounded off to the nearest dollar. The minimum fee for [such] the 48-hour temporary license [shall] may not be less than $6 per vehicle nor more than $30 per combination of vehicles.
2. A 48-hour temporary license [shall authorize] authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 shall, upon application to the department in such form and detail as the department may require, be issued a proper identifying device. The fee for each [such] device is $2.
4. Upon request, the department shall allow credit for the period for which [such] the licenses were purchased if the applicant is licensed under the provisions of NRS 706.496 to 706.516, inclusive, within 60 days after the purchase of the first [such] license within a licensing year.
5. No person may operate under the provisions of this section for more than 10 days after the first issuance of a 48-hour temporary license during a calendar year unless [such] that person has received permission to operate in this state pursuant to the provisions of NRS 706.266.
6. The provisions of this section do not apply to operators of driveaway-towaway convoy vehicles.
Sec. 4. NRS 706.526 is hereby amended to read as follows:
706.526 1. Except as provided in subsection 5, every motor convoy carrier, before commencing operations in this state, shall [make application] apply to the department for a motor convoy carrier license.
2. The applicant may elect to be licensed on an annual basis or on a 48-hour temporary convoy license basis.
3. If the applicant elects to be licensed on an annual basis the license fee [shall be] is $500, and the fee for each identifying device issued thereunder [shall be $30. Such] is $30. The license and each identifying device [shall expire] expires on December 31 of each year and may not be transferred to or used by any other person.
4. If the applicant elects to be licensed exclusively on a 48-hour temporary convoy license basis, the department shall issue appropriate identifying devices. The fee for each [such] device is $2. An original identifying device [shall] must be carried in each vehicle when operating in this state. It [shall be] is unlawful to duplicate any [such] device.
5. No person may operate under the provisions of this section for more than 10 days after the first issuance of a 48-hour temporary convoy license unless [such] the person has received permission to operate in this state pursuant to the provisions of NRS 706.266.
6. For each vehicle driven, towed or carried by any motor convoy carrier, or driven singly, which does not have an identifying device issued pursuant to subsection 3, a 48-hour temporary convoy license [shall] must be secured upon payment of a fee of $8.25.
κ1979 Statutes of Nevada, Page 1079 (CHAPTER 540, AB 476)κ
pursuant to subsection 3, a 48-hour temporary convoy license [shall] must be secured upon payment of a fee of $8.25. No [such] license may be transferred to or used by any other person or for any other vehicle.
7. No license fee required under NRS 706.506 [shall] may be assessed on any vehicle driven, towed or carried under the provisions of this section.
8. The provisions of this section [shall] do not apply to vehicles [transported] :
(a) Transported by motor vehicles regularly licensed under the provisions of NRS 706.496, 706.506, 706.516 or 706.521 [.] ; or
(b) Weighing 5,000 pounds or less unladened weight.
Sec. 5. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except the provisions of subsection 4 of NRS 706.171, of NRS 706.281, and of sections 4 and 5 of [this act,] Assembly Bill No. 67 of the 60th session of the Nevada legislature, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to:
[1.] (a) Any vehicle operated wholly within the corporate limits of a city, except vehicles operated as common or contract motor carriers, to which all such provisions except NRS 706.491 to 706.536, inclusive, shall apply, but if the corporate limits of any such city are extended or changed to include within such corporate limits any route, area, highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any such carrier, to which a certificate of public convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such carrier servicing, using of employing such route, area, highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
[2.] (b) United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.
[3.] (c) Private motor carriers of property operating within a 5-mile radius of the limits of a city.
[4.] (d) Farm vehicles.
[5.] (e) The transportation of children to and from school.
[6.] (f) The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
[7.] (g) The transportation of livestock by the owner thereof in his own motor vehicle of 10,000 pounds or less unladen weight.
[8. The transportation of ore or minerals or mining supplies in the producers own motor vehicle; but only one motor vehicle having an unladen weight not exceeding 10,000 pounds shall be exempted from the transportation of ore or minerals or mining supplies. No exemption whatever shall be granted if the motor vehicle exceeds 10,000 pounds unladen.
9.] (h) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise, or to the carriage of any property for compensation.
κ1979 Statutes of Nevada, Page 1080 (CHAPTER 540, AB 476)κ
any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise, or to the carriage of any property for compensation.
[10.] (i) Special mobile equipment.
[11.] (j) The vehicles of a contractor licensed by the state contractors board when used in actually constructing or reconstructing a highway or road or in transporting necessary materials between the site of that work and the sources of material approved by the department of highways for that particular work.
2. Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 6. NRS 706.501 is hereby repealed.
Sec. 7. This act shall become effective on January 1, 1980.
________
Assembly Bill No. 520Assemblymen Mello and Jeffrey
CHAPTER 541
AN ACT relating to real estate licenses; correcting an error in a 1977 provision of law concerning the fees for renewal of licenses; providing credit for or refund of certain payments made pursuant to that law; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.830 is hereby amended to read as follows:
645.830 The following fees [shall] must be charged by and paid to the division:
For each real estate salesmans or brokers examination................................... $40
For each original real estate brokers, broker-salesmans or corporate brokers license.......................................................................................... 80
For each original real estate salesmans license.......................................... 50
For each original branch office license......................................................... 50
For each real estate education, research and recovery fee to be paid at the time of issuance of original license or renewal............................... 40
For each penalty assessed for failure of an applicant for an original brokers, broker-salesmans or corporate brokers license to file within 30 days of notification.................................................................. 40
For each penalty assessed for failure of an applicant for an original salesmans license to file within 30 days of notification 25 For each renewal of a real estate brokers, broker-salesmans or corporate brokers license [for a year]...................... $80
κ1979 Statutes of Nevada, Page 1081 (CHAPTER 541, AB 520)κ
For each renewal of a real estate brokers, broker-salesmans or corporate brokers license [for a year]................................................................... $80
For each renewal of a real estate salesmans license [for 1 year]............. 50
For each renewal of a real estate branch office license.............................. 50
For each penalty for late filing of a renewal for a brokers, broker-salesmans or corporate brokers license.............................................. 40
For each penalty for late filing of a renewal for a salesmans license...... 25
For each change of name or address............................................................ 10
For each transfer of a real estate salesmans or broker-salesmans license and change of association or employment............................................ 10
For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and [affidavit] an affidavit is made thereof......................................................................................................... 10
For each change of status from broker to broker-salesman, or the reverse...................................................................................................................... 10
For each reinstatement to active status of an inactive real estate brokers, broker-salesmans or salesmans license............................................... 10
For each reinstatement of a real estate brokers license when the licensee fails to give immediate written notice to the division of a change of name or business location....................................................................... 20
For each reinstatement of a real estate salesmans or broker-salesmans license when he fails to notify the division of a change of broker within 30 days of termination by previous broker................................ 20
For each original registration of an owner-developer................................ 40
For each annual renewal of a registration of an owner-developer........... 40
For each enlargement of the area of an owner-developers registration. 15
For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof.................................................................... 40
Sec. 2. 1. The real estate division of the department of commerce shall, upon the next renewal of a license by a real estate broker, broker-salesman, corporate broker or real estate salesman, credit to his account any amount of money paid by him for the biennial renewal of his license between July 1, 1977, and the effective date of this act:
(a) In excess of $80 in the case of a real estate broker, broker-salesman or corporate broker; or
(b) In excess of $50 in the case of a real estate salesman.
2. If a licensee does not renew his license, any amount which would otherwise be credited to his account pursuant to subsection 1 must be paid to him or a person authorized to accept the payment on his behalf.
3. No amount may be paid pursuant to subsection 2 without the approval of the state board of examiners. All amounts paid pursuant to subsection 2 must be paid from fees collected pursuant to NRS 645.830.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 1082κ
Assembly Bill No. 535Committee on Ways and Means
CHAPTER 542
AN ACT relating to justices of the supreme court and judges of district courts; changing the eligibility for and the amount of pensions for certain justices and judges; providing for certain post-retirement increases in the pensions of retired justices and judges; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service [shall, after such service of 20 years, and] is, after reaching the age of 60 years, [be] entitled to [and shall] receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from [funds to be] money provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating [12] 10 years and has ended such service [shall, after such service of 12 years, and] is, after reaching the age of 60 years, [be] entitled to [and shall] receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to [one-third] one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from [funds to be] money provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond [12] 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
5. Any justice who desires to resign pursuant to the terms [hereof shall] of this section must do so by notice in writing to the governor, and [shall] must file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
[5.] 6. Upon [resigning as above provided and the] such a resignation and filing of the affidavit, [mentioned, by any person entitled so to do pursuant hereto,] the state controller shall draw his warrant, payable to the [individual] justice who has thus resigned, upon the state treasurer for the sum due [such person,] to him, and the state treasurer shall pay the [same] sum out of funds [to be] provided by direct legislative appropriation.
κ1979 Statutes of Nevada, Page 1083 (CHAPTER 542, AB 535)κ
[6.] 7. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have resigned pursuant hereto.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service [shall, after such service of 20 years and] is, after reaching the age of 60 years, [be] entitled to [and shall] receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from [funds to be] money provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating [12] 10 years and has ended such service [shall, after such service of 12 years and] is, after reaching the age of 60 years, [be] entitled to [and shall] receive annually from the State of Nevada, as a pension during the remainder of his life a sum of money equal in amount to [one-third] one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from [funds to be] money provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond [12] 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees retirement system.
5. Any judge of the district court who desires to resign pursuant to the terms [hereof shall] of this section must do so by notice in writing to the governor, and [shall] must file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
[5.] 6. Upon [resigning as above provided and the] such a resignation and filing of the affidavit, [mentioned, by any person entitled so to do pursuant hereto,] the state controller shall draw his warrant, payable to the [individual] judge who has thus resigned, upon the state treasurer for the sum due [such person,] to him, and the state treasurer shall pay the [same] sum out to funds [to be] provided by direct legislative appropriation.
[6.] 7. The faith of the State of Nevada is hereby pledged that this section shall not be replaced or amended so as to affect any judge of the district court who may have resigned pursuant hereto.
________
κ1979 Statutes of Nevada, Page 1084κ
Assembly Bill No. 594Assemblymen Bennett, Mann, Chaney and FitzPatrick
CHAPTER 543
AN ACT relating to coverage for expenses of health care; requiring that group insurers and medical service corporations permit persons whose group health coverage is terminated to convert to individual policies; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. 1. All group health insurance policies delivered or issued for delivery in this state providing for hospital, surgical or major medical expense insurance, or any combination of these coverages, on an expense-incurred basis must contain a provision that the employee or member is entitled to have issued to him by the insurer a policy of health insurance when the employee or member is no longer covered by the group policy.
2. The requirement in subsection 1 does not apply to policies providing benefits only for specific diseases or accidental injuries, and it applies to other policies only if:
(a) The termination of coverage under the group policy is not due to termination of the group policy itself unless the termination of the group policy has resulted from failure of the policyholder to remit the required premiums;
(b) The termination is not due to failure of the employee or member to remit any required contributions;
(c) The employee or member has been continuously insured under the group policy for at least 3 consecutive months immediately before the termination; and
(d) The employee or member applies in writing for the converted policy and pays his first premium to the insurer no later than 31 days after the termination.
Sec. 3. The insurer shall:
1. Issue the converted policy without evidence of insurability;
2. Base the premium on the converted policies for the first 12 months, and subsequent renewals upon the insurers table of premium rates applicable to the age and class of risk of each person to be covered under the policy and to the type and amount of insurance provided. The frequency of premium payments must be the same as is customarily required by the insurer for the policy form and plan selected except that premium payments must not be required more often than quarterly.
3. Provide that the effective date of the converted policy is 12:01 a.m. on the day after the termination of insurance under the group policy; and
4. Provide that the converted policy covers the employee or member and his dependents who were covered by the group policy on the date of its termination. At the option of the insurer, a separate converted policy may be issued to cover any dependent.
κ1979 Statutes of Nevada, Page 1085 (CHAPTER 543, AB 594)κ
Sec. 4. 1. The insurer is not required to issue a converted policy to any person who:
(a) Is covered for similar benefits by another hospital, surgical, medical or major medical expense insurance policy, a hospital or medical service subscriber contract, a medical practice or other prepayment plan, or by any other kind of plan or program;
(b) Is eligible to be covered for similar benefits under any arrangement of coverage for individuals in a group, whether on an insured or uninsured basis; or
(c) Has similar benefits provided for or available under the requirements of any state or federal law,
if any benefits provided under the sources listed in this subsection, together with the benefits to be provided by the converted policy, would result in overinsurance according to the insurers standards.
2. Before denying a converted policy to an applicant because he has coverage as described in paragraph (a) of subsection 1, the insurer shall notify him that the converted policy will be issued only if the other coverage is canceled.
Sec. 5. 1. A converted policy issued under section 2 of this act may include a provision permitting the insurer to request from the insured, in advance of any premium due date, information as to whether he is covered for similar benefits under any of the sources listed in section 4 of this act.
2. The insurer may not refuse to renew the policy or the coverage of any person insured under it unless:
(a) Benefits provided under the sources listed in subsection 1 of section 4 of this act, together with the benefits provided by the converted policy, would result in overinsurance according to the insurers standards;
(b) The holder of the converted policy has refused to provide requested information as to such sources; or
(c) Fraud was committed in applying for any benefits under the converted policy.
3. Before refusing to renew a converted policy because of overinsurance, the insurer shall notify the insured that the converted policy will be renewed only if the other coverage is canceled.
Sec. 6. An insurer is not required to issue a converted policy which provides benefits in excess of those provided under the group policy from which conversion is made, and a converted policy may contain any exclusion or benefit limitation contained in the group policy.
Sec. 7. A converted policy must not exclude a preexisting condition not excluded by the group policy, but a converted policy may provide that any hospital, surgical or medical benefits payable under it may be reduced by the amount of any benefits payable under the group policy after its termination. A converted policy may provide that during the first policy year the benefits payable under it, together with the benefits payable under the group policy, must not exceed those that would have been payable if the policyholders insurance under the group policy had remained in effect.
Sec. 8. 1. A person who is entitled to a converted policy must be given his choice of at least three types of policies offering benefits on an expense-incurred basis.
κ1979 Statutes of Nevada, Page 1086 (CHAPTER 543, AB 594)κ
given his choice of at least three types of policies offering benefits on an expense-incurred basis.
2. The converted policy may include major medical or catastrophic benefits if they were provided under the group policy.
3. For those insureds eligible for Medicare, the insurer may provide a supplement to Medicare as the converted policy.
Sec. 9. Subject to the conditions set forth in sections 2 to 14, inclusive, of this act, the conversion privilege must also be made available:
1. To the surviving spouse, if any, upon the death of the employee or member, with respect to the spouse and any child whose coverage under the group policy is terminated by reason of such death, or if there is no surviving spouse, to each surviving child whose coverage under the group policy terminates by reason of such death, or, if the group policy provides for continuation of dependents coverage following the employees or members death, at the end of the continued coverage;
2. To the spouse of the employee or member upon termination of coverage of the spouse while the employee or member remains insured under the group policy, if the spouse ceases to be a qualified family member under the group policy, and to any child whose coverage under the group policy terminates at the same time; or
3. To a child solely with respect to himself upon termination of his coverage because he ceases to be a qualified family member under the group policy, if a conversion privilege is not otherwise provided with respect to the termination.
Sec. 10. The insurer may elect to provide group insurance coverage in lieu of the issuance of a converted individual policy.
Sec. 11. A notification of the conversion privilege must be included in each certificate of coverage. A written notice of the existence of the conversion privilege must also be given to the employee or member at least 15 days before the expiration of the 31 days permitted a person to make a written application for the converted policy. If written notice of the right to convert is not given as required under this section, an additional period must be allowed the person to apply for the converted policy. The additional period expires 15 days after written notice of the conversion privilege has been given, or 60 days after the expiration of the 31-day period, whichever is earlier.
Sec. 12. A converted policy which is to be delivered outside this state must be in such form as would be deliverable in the other jurisdiction as a converted policy if the group policy had been issued in that jurisdiction.
Sec. 13. The insurer may elect to extend coverage of an insured under the existing group policy for a period not to exceed 6 months following the day of the persons eligibility for a converted policy if the conversion privilege is offered upon termination of the extended coverage.
Sec. 14. The insurer may continue coverage identical to that provided under the group policy instead of issuing a converted policy. Coverage may be offered by amending the group certificate or by issuing an individual policy and must otherwise comply with every requirement of sections 2 to 14, inclusive, of this act.
κ1979 Statutes of Nevada, Page 1087 (CHAPTER 543, AB 594)κ
Sec. 15. Chapter 695B of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 28, inclusive, of this act.
Sec. 16. 1. All group subscriber contracts delivered or issued for delivery in this state providing for hospital, surgical or major medical coverage, or any combination of these coverages, on a service basis or an expense-incurred basis, or both, must contain a provision that the employee or member is entitled to have issued to him a subscriber contract of health coverage when the employee or member is no longer covered by the group subscriber contract.
2. The requirement in subsection 1 does not apply to contracts providing benefits only for specific diseases or accidental injuries, and it applies to other contracts only if:
(a) The termination of coverage under the group contract is not due to termination of the group contract itself unless the termination of the group contract has resulted from failure of the contract holder or agent, or both, to remit the required premiums;
(b) The termination is not due to failure of the employee or member to remit any required contributions;
(c) The employee or member has been continuously covered under the group contract for at least 3 consecutive months immediately before the termination; and
(d) The employee or member applies in writing for the converted contract and pays his first premium to the medical service corporation no later than 31 days after the termination.
Sec. 17. The medical service corporation shall:
1. Issue the converted contract without evidence of insurability;
2. Base the premium on the converted policies for the first 12 months, and subsequent renewals, upon the medical service corporations table of premium rates applicable to the age and class of risk of each person to be covered under the contract and to the type and amount of coverage provided. The frequency of premium payments must be the same as is customarily required by the medical service corporation for the contract form and plan selected except that premium payments must not be required more often than quarterly;
3. Provide that the effective date of the converted contract is 12:01 a.m. on the day after the termination of coverage under the group contract; and
4. Provide that the converted contract covers the employee or member and his dependents who were covered by the group contract on the date of his termination. At the option of the insurer, a separate converted contract may be issued to cover any dependent.
Sec. 18. 1. The medical service corporation is not required to issue a converted contract to any person who:
(a) Is covered for similar benefits by another hospital, surgical, medical or major medical expense insurance policy, a hospital or medical service subscriber contract, a medical practice or other prepayment plan, or by any other kind of plan or program;
(b) Is eligible to be covered for similar benefits under any arrangement of coverage for individuals in a group, whether on an insured or uninsured basis; or
κ1979 Statutes of Nevada, Page 1088 (CHAPTER 543, AB 594)κ
(c) Has similar benefits provided for or available under the requirements of any state or federal law,
if any benefits provided under the sources listed in this subsection, together with the benefits to be provided by the converted contract, would result in overinsurance according to the medical service corporations standards.
2. Before denying a converted contract to an applicant because he has coverage as described in paragraph (a) of subsection 1, the medical service corporation shall notify him that the converted contract will be issued only if the other coverage is canceled.
Sec. 19. 1. A converted contract issued under section 16 of this act may include a provision permitting the medical service corporation to request from the applicant, in advance of any premium due date, information as to whether he is covered for similar benefits under any of the sources listed in section 18 of this act.
2. The medical service corporation may not refuse to renew the contract or the coverage of any person unless: (a) Benefits provided under the sources listed in subsection 1 of section 18 of this act, together with the benefits provided by the converted contract would result in overinsurance according to the medical service corporations standards;
(b) The holder of the converted contract has refused to provide requested information as to such sources; or
(c) Fraud was committed in applying for any benefits under the converted contract.
3. Before refusing to renew a converted contract because of overinsurance, the medical service corporation shall notify the subscriber that the converted contract will be renewed only if the other coverage is canceled.
Sec. 20. A medical service corporation is not required to issue a converted contract which provides benefits in excess of those provided under the group contract from which conversion is made, and a converted contract may contain any exclusion or benefit limitation contained in the group contract.
Sec. 21. A converted contract must not exclude a preexisting condition not excluded by the group contract, but a converted contract may provide that any hospital, surgical or medical benefits payable under it may be reduced by the amount of any benefits payable under the group contract after his termination. A converted contract may provide that during the first contract year the benefits payable under it, together with the benefits payable under the group contract, must not exceed those that would have been payable if the subscribers coverage under the group contract had remained in effect.
Sec. 22. 1. A person who is entitled to a converted contract must be given his choice of at least three types of contracts offering benefits on a service basis or an expense-incurred basis, or both.
2. The converted contract may include major medical or catastrophic benefits if they were provided under the group contract.
3. For those subscribers eligible for Medicare, the medical service corporation may provide for a supplement to Medicare as part of the conversion privilege.
κ1979 Statutes of Nevada, Page 1089 (CHAPTER 543, AB 594)κ
Sec. 23. Subject to the conditions set forth in sections 16 to 28, inclusive, of this act, the conversion privilege must also be made available:
1. To the surviving spouse, if any, upon the death of the employee or member, with respect to the spouse and any child whose coverage under the group contract is terminated by reason of such death, or if there is no surviving spouse, to each surviving child whose coverage under the group contract terminates by reason of such death, or, if the group contract provides for continuation of dependents coverage following the employees or members death, at the end of the continued coverage;
2. To the spouse of the employee or member upon termination of coverage of the spouse while the employee or member remains covered under the group contract, if the spouse ceases to be a dependent as defined by the group contract, and to any child whose coverage under the group contract terminates at the same time; or
3. To a child solely with respect to himself upon termination of his coverage because he ceases to be a dependent as defined by the group contract, if a conversion privilege is not otherwise provided with respect to the termination.
Sec. 24. The medical service corporation may elect to provide group coverage in lieu of the issuance of a converted individual contract.
Sec. 25. A notification of the conversion privilege must be included in each certificate of coverage. A written notice of the existence of the conversion privilege must also be given to the employee or member at least 15 days before the expiration of the 31 days permitted a person to make a written application for the converted contract. If written notice of the right to convert is not given as required under this section, an additional period must be allowed the person to apply for the converted contract. The additional period expires 15 days after written notice of the conversion privilege has been given, or 60 days after the expiration of the 31-day period, whichever is earlier.
Sec. 26. A converted contract which is to be delivered outside this state must be in such form as would be deliverable in the other jurisdiction as a converted contract if the group contract had been issued in that jurisdiction.
Sec. 27. The medical service corporation may elect to extend coverage of a subscriber under the existing group contract for a period not to exceed 6 months following the day of the persons eligibility for a converted contract if the conversion privilege is offered upon termination of the extended coverage under the group contract.
Sec. 28. The medical service corporation may continue coverage identical to that provided under the group contract instead of issuing a converted contract. Coverage may be offered by amending the group certificate or by issuing an individual contract and must otherwise comply with every requirement of sections 16 to 28, inclusive, of this act.
Sec. 29. This act shall become effective on January 1, 1980.
________
κ1979 Statutes of Nevada, Page 1090κ
Assembly Bill No. 617Committee on Commerce
CHAPTER 544
AN ACT relating to casualty insurance; specifying the limit of recovery, and requiring proration, when two or more policies cover a loss or injury; requiring uninsured motorist coverage to the limits of bodily injury coverage of the policyholder; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 687B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or chapter 698 of NRS or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.
2. Insurance companies doing business in this state must offer uninsured motorist coverage equal to the limits of bodily injury coverage sold to the individual policyholder. Uninsured motorist coverage must include a provision which enables the insured to recover any amount of damages for bodily injury from his insurer to which he is legally entitled but which exceeds the limits of the bodily injury coverage carried by the owner or operator of the other vehicle.
________
κ1979 Statutes of Nevada, Page 1091κ
Assembly Bill No. 672Assemblymen May, Price, Webb and Malone
CHAPTER 545
AN ACT relating to aeronautics generally; requiring the department of economic development to prepare and publish a navigational chart for pilots of private aircraft; transferring money from the aviation fuels tax revolving account to the department to pay for the chart; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 493 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department of economic development shall prepare and publish an aerial navigational chart of the state for the use of pilots of private aircraft. The chart must contain such navigational and other information as the department determines to be desirable. The department shall charge a fee for each chart which is sufficient to pay for the cost of printing the chart.
2. The aerial navigational chart account is hereby created in the state general fund. All money received by the department of economic development pursuant to subsection 1 must be deposited in the account. Money in the account may only be used by the department for printing aerial navigational charts of the state for the use of pilots of private aircraft.
Sec. 2. Notwithstanding the provisions of subsection 2 of NRS 365.565, after $30,000 is transferred pursuant to subsection 1 of NRS 365.565, there must be transferred to the aerial navigational chart account from the aviation fuels tax revolving account for the fiscal year 1979-80 a sum not to exceed $28,000 or the total amount in the account, whichever is less.
________
Assembly Bill No. 691Committee on Commerce
CHAPTER 546
AN ACT relating to mechanics liens; requiring that copies of notices of materials supplied or work performed be delivered to general contractors; making persistent failure to do so a ground for disciplinary proceedings against the errant subcontractor; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 108.2394 is hereby amended to read as follows:
108.2394 1. [Every] Except as otherwise provided in subsection 5, every person, firm, partnership, corporation or other legal entity, other than one who performs only labor, who claims the benefit of NRS 108.221 to 108.2395, inclusive, shall, within 31 days after the first delivery of material or performance of work of services under his contract, deliver in person or by certified mail to the owner or reputed owner of the property or to the person whose name appears as owner on the building permit, if any, for the improvement a notice in substantially the following form:
κ1979 Statutes of Nevada, Page 1092 (CHAPTER 546, AB 691)κ
delivery of material or performance of work of services under his contract, deliver in person or by certified mail to the owner or reputed owner of the property or to the person whose name appears as owner on the building permit, if any, for the improvement a notice in substantially the following form:
NOTICE TO OWNER OF MATERIALS SUPPLIED
OR WORK OR SERVICES PERFORMED
To:.........................................................................................
(Ownerss name and address)
The undersigned notifies you that he has supplied materials or performed work or services as follows:
(General description of materials, work or services and anticipated total value)
for improvement of real property identified as (property description or street address) under contract with (general contractor or subcontractor). This is not a notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, claim a lien as provided by law against the property if the undersigned is not paid.
.......................................................................
(Claimant)
A subcontractor or materialman under a subcontract who gives such a notice must also deliver in person or send by certified mail a copy of the notice to the general contractor for information only. Persistent failure by a subcontractor to deliver such notices to the general contractor is a ground for disciplinary proceedings against the subcontractor under chapter 624 of NRS.
2. Such a notice [shall] does not constitute a lien or give actual or constructive notice of a lien for any purpose.
3. No lien for materials furnished or for work or services performed, except labor, may be perfected or enforced pursuant to NRS 108.221 to 108.2395, inclusive, unless [such] the notice has been given.
4. The notice [shall] need not be verified, sworn to or acknowledged.
5. A general contractor or other person who contracts directly with an owner or sells materials directly to an owner is not required to give notice pursuant to this section.
6. As used in this section, owner does not include any person, firm or corporation whose only interest in the real property is under a mortgage, deed of trust or other security arrangement.
________
κ1979 Statutes of Nevada, Page 1093κ
Assembly Bill No. 777Assemblymen Barengo and Bremner
CHAPTER 547
AN ACT relating to the attorney general; extending power of attorney general in criminal prosecutions; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 173.035 is hereby amended to read as follows:
173.035 1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived his right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the district attorney or the attorney general acting pursuant to NRS 228.120 or 228.170 may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process [shall forthwith issue] must forthwith be issued thereon. The affidavit [mentioned herein] need not be filed in cases where the defendant has waived a preliminary examination, or upon such preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information [shall] must be filed within 15 days after the holding or waiver of the preliminary examination. [All informations shall] Each such information must set forth the crime committed according to the facts.
Sec. 2. NRS 173.055 is hereby amended to read as follows:
173.055 1. The district attorney of the proper county or the attorney general acting pursuant to NRS 228.120 or 228.170 shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders [shall be] are committed to jail, [or be] recognized or held to bail.
2. If the district attorney or the attorney general determines in any such case that an information ought not to be filed, he shall file with the clerk of the court having jurisdiction of the supposed offense a written statement containing his reasons, in fact and in law, for not filing any information in the case. The statement [shall] must be filed within 15 days after the holding of the preliminary examination.
Sec. 3. NRS 228.120 is hereby amended to read as follows:
228.120 The attorney general [shall have the power:
1. To appear] may:
1. Appear before any grand jury, when in his opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this state; [to] examine witnesses before the grand jury, and [to] draw indictments or presentments for [such] the grand jury [.]
κ1979 Statutes of Nevada, Page 1094 (CHAPTER 547, AB 777)κ
and present evidence of the commission of a crime or violation of any law of this state; [to] examine witnesses before the grand jury, and [to] draw indictments or presentments for [such] the grand jury [.] , and thereafter conduct the proceedings.
2. [To exercise] Exercise supervisory powers over all district attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.
3. [To appear in and to] Appear in, take exclusive charge of and [to] conduct any prosecution in any court of this state for a violation of any law of this state, when in his opinion it is necessary, or when requested to do so by the governor.
4. [To issue] Issue subpenas, subscribed by him, for witnesses within the state, in support of the prosecution, or for such other witnesses as the grand jury may direct to appear before it, upon any investigation pending before it; and he may, in like manner, issue subpenas, subscribed by him, for witnesses within the state, in support of an indictment, to appear before the court before which it is to be tried.
5. When acting pursuant to any provision of law allowing or requiring him to act in a criminal matter, after first obtaining leave of the court which has jurisdiction to try the matter, institute criminal proceedings:
(a) By filing a complaint in a justices or municipal court, where a misdemeanor is charged; or
(b) By filing a complaint and commencing a preliminary examination where a gross misdemeanor or felony is charged and thereafter filing an information in the district court,
and may conduct those proceedings.
________
Assembly Bill No. 792Committee on Ways and Means
CHAPTER 548
AN ACT relating to mortgage companies; increasing fees for renewal of licenses and for filing; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. The mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing a renewal application, submitting such financial data as may be required by the commissioner and paying the annual license fee for the succeeding year. The commissioner may require:
(a) An independent audit report by a public accountant certified or registered in this state; or
(b) If the commissioner determines that the mortgage activities of the company are limited and incidental to its primary business activity, an unaudited financial statement signed by the principal owner of the company and dated not earlier than the close of the companys latest fiscal or calendar year.
κ1979 Statutes of Nevada, Page 1095 (CHAPTER 548, AB 792)κ
company are limited and incidental to its primary business activity, an unaudited financial statement signed by the principal owner of the company and dated not earlier than the close of the companys latest fiscal or calendar year.
2. The filing fees are:
(a) For filing an original application, [$100] $200 for the principal office and [$35] $75 for each branch office.
(b) For filing an original application from April 1 to June 30, inclusive, [$50] $100 for the principal office of a mortgage company.
(c) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
(d) For filing a renewal application, the filing fees [shall be] are determined by the dollar volume of loans originated in the preceding calendar year ended December 31, in accordance with the following schedule:
Under $1 million............................................................................... [$100] $200
$1 million to $2 million....................................................................... [150] 250
$2 million to $3 million....................................................................... [200] 300
$3 million to $4 million....................................................................... [250] 350
$4 million to $5 million....................................................................... [300] 400
$5 million to $10 million..................................................................... [400] 500
Over $10 million................................................................................. [500] 600
3. All fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 809Committee on Ways and Means
CHAPTER 549
AN ACT authorizing the sale of part of the 1976 park bond issue, allocating certain proceeds of that sale and making an appropriation for and authorizing the development of certain land within the Wildhorse Recreation Area in Elko County, Nevada; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The division of state parks of the state department of conservation and natural resources is hereby authorized to administer, develop, operate and maintain a parcel of land within the Wildhorse Recreation Area in Elko County, Nevada, described as the west 1/2 of the northeast quarter of section 32, T. 44 N., R. 55 E., M.D.B. & M., containing 80 acres of land, more or less.
Sec. 2. 1. The state board of examiners may issue and sell bonds in the amount of $1,000,000 authorized for sale under the provisions of An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for use of the proceeds if such issue is approved; and providing other matters properly relating thereto, being chapter 660, Statutes of Nevada 1975, at page 1303, for the development of the property described in section 1 of this act as a recreation area for the use of the general public.
κ1979 Statutes of Nevada, Page 1096 (CHAPTER 549, AB 809)κ
An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for use of the proceeds if such issue is approved; and providing other matters properly relating thereto, being chapter 660, Statutes of Nevada 1975, at page 1303, for the development of the property described in section 1 of this act as a recreation area for the use of the general public.
2. The sum of $782,000 is hereby allocated to the division of state parks of the state department of conservation and natural resources from the proceeds of the bonds issued under subsection 1.
Sec. 3. 1. There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources for the operation and maintenance of the property described in section 1 of this act as a public recreation area:
(a) For fiscal year 1979-80, the sum of $48,121.
(b) For fiscal year 1980-81, the sum of $47,816.
2. After June 30, 1981, the unencumbered balance of the appropriation made in subsection 1 may not be encumbered and must revert to the state general fund.
________
Assembly Bill No. 819Committee on Transportation
CHAPTER 550
AN ACT relating to taxicabs; requiring an insurer to provide a certificate holder with 30 days notice before canceling insurance; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.8828 is hereby amended to read as follows:
706.8828 1. A certificate holder shall file with the administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.
2. The insurance policy specified in subsection 1 [shall:] must:
(a) Provide the following coverage:
For injury to one person in any one accident............................................. $100,000
For injury to two or more persons in any one accident.............................. 300,000
For property damage in any one accident....................................................... 10,000
(b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days written notice to the certificate holder and administrator; and
(c) Contain such other notice provisions as may be required by law to be given to the certificate holder.
3. If an insurance policy is canceled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by [such] the policy until other insurance is furnished.
κ1979 Statutes of Nevada, Page 1097 (CHAPTER 550, AB 819)κ
4. A certificate holder to whom the drivers license division of the department of motor vehicles has issued a certificate of self-insurance may self-insure the first $50,000, combined single-limit, per accident, of the coverage required by subsection 2.
________
Assembly Bill No. 822Committee on Judiciary
CHAPTER 551
AN ACT relating to the estates of decedents; revising the method of determining attorneys fees respecting those estates; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 150.060 is hereby amended to read as follows:
150.060 1. Attorneys for executors, administrators and special administrators are entitled to reasonable compensation for their services, to be paid out of the decedents estate. The amount [shall] must be fixed by agreement between the executor, administrator or special administrator and the attorney, subject to approval by the court, after application, notice and hearing, as provided in subsection 2. If the executor, administrator or special administrator and the attorney fail to reach agreement, or if the attorney is also the executor, administrator or special administrator the amount [shall] must be determined and allowed by the court. The application must contain specific and detailed information supporting the entitlement to compensation, including:
(a) Reference to time and hours;
(b) Nature and extent of services rendered;
(c) Claimed ordinary and extraordinary services;
(d) Complexity of the work required; and
(e) Other information considered to be relevant to a determination of entitlement.
2. The applicant shall give notice of his application and the hearing thereof to the executor, administrator or special administrator if he is not the applicant and to all known heirs, devisees and legatees. The notice [shall] must be sent by registered or certified mail at least 10 days before the hearing. The notice [shall] must include a statement of the amount of the fee which the court will be requested to approve or allow.
3. On similar application, notice and hearing, the court may make an allowance to an attorney for services rendered up to a certain time during the proceedings.
4. Any heir, devisee or legatee may file objections to an application made pursuant to this section, and the objections [shall] must be considered at the hearing.
5. Attorneys for minors, absent or nonresident heirs are entitled to compensation primarily out of the estate of the distributee so represented by him in [such] those cases and to such extent as may be determined by the court, but if the court finds that all or any part of the services performed by the attorney for the minors, absent or nonresident heirs were of value to the decedents entire estate as such and not of value only to the minors, absent or nonresident heirs, then the court shall order that all or part of the attorneys fee be paid to the attorney out of the funds of the decedents entire estate [and it is] as a general administration expense of the estate.
κ1979 Statutes of Nevada, Page 1098 (CHAPTER 551, AB 822)κ
compensation primarily out of the estate of the distributee so represented by him in [such] those cases and to such extent as may be determined by the court, but if the court finds that all or any part of the services performed by the attorney for the minors, absent or nonresident heirs were of value to the decedents entire estate as such and not of value only to the minors, absent or nonresident heirs, then the court shall order that all or part of the attorneys fee be paid to the attorney out of the funds of the decedents entire estate [and it is] as a general administration expense of the estate. The amount of [such fees shall be determined by the court.] these fees must be determined in the same manner as the other attorneys fees provided for in this section.
Sec. 2. The provisions of NRS 150.060 apply with respect to estates of decedents who administration was begun before July 1, 1979, as well as after that date.
________
Assembly Bill No. 845Committee on Ways and Means
CHAPTER 552
AN ACT relating to the Nevada highway patrol; fixing the maximum number of highway patrolmen permitted during specified fiscal years; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol shall be composed, in addition to the personnel provided by NRS 481.140, of supplementary patrolmen to the extent permitted by the [moneys which are] money available for [such purposes] that purpose in the special fund created by subsection 9 of NRS 482.480, but [at no time may] the total number of highway patrolmen [exceed 151.] may not exceed the number specified for a particular fiscal year by the legislature.
2. The director shall appoint such additional patrolmen as soon after the beginning of each fiscal year as he can determine the amount of [moneys which are] money which is available for this purpose. Salaries, travel and subsistence payments [shall] must be as provided in NRS 481.170.
Sec. 2. The total number of highway patrolmen which may be employed by the Nevada highway patrol must not exceed:
1. During the fiscal year 1979-1980, 161.
2. During the fiscal year 1980-1981, 171.
________
κ1979 Statutes of Nevada, Page 1099κ
Senate Bill No. 220Committee on Finance
CHAPTER 553
AN ACT making an appropriation from the state general fund to the University of Nevada, Las Vegas, for limnological research at Lake Mead, Lake Mohave and the waters of the Colorado River Basin; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the University of Nevada, Las Vegas, the sum of $214,200 for the purpose of carrying out limnological research activities at Lake Mead, Lake Mohave and the waters of the Colorado River Basin.
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.
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Senate Bill No. 233Committee on Commerce and Labor
CHAPTER 554
AN ACT relating to professional engineers and land surveyors; revising the provisions for renewal of certificates of registration; providing for certification of land surveyors-in-training; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in this chapter, land surveyor-in-training means a candidate for registration as a land surveyor.
Sec. 3. Except as provided in section 4 of this act, to be eligible for certification as a land surveyor-in-training, an applicant must:
1. Be a graduate of or in his final year of an approved land surveying or engineering curriculum of 4 years or more, approved by the board as satisfactory, and have successfully passed Part I of a written examination designated by the board; or
2. Have had 4 years or more of experience in land surveying work satisfactory to the board, and have successfully passed Part I of the examination provided for in NRS 625.280.
Sec. 4. The board may issue a certificate as a land surveyor-in-training to an applicant, upon presentation of evidence of his certification in good standing from a state or territory maintaining standards of engineering or land surveying certification equivalent to those in Nevada if in the judgment of the board he has the necessary qualifications under this chapter.
κ1979 Statutes of Nevada, Page 1100 (CHAPTER 554, SB 233)κ
in the judgment of the board he has the necessary qualifications under this chapter. The board may require him to pass a written or oral examination.
Sec. 5. NRS 625.170 is hereby amended to read as follows:
625.170 The secretary of the board shall prepare once each year, or at intervals as established by the board, a roster showing the names, last-known addresses and branches of engineering of all registered professional engineers and the names and last-known addresses of all land surveyors, [and] engineers-in-training [.] and land surveyors-in-training. Copies of the roster [shall] must be:
1. Mailed to each person so registered.
2. Placed on file with the secretary of state and county and city clerks.
3. Distributed or sold to the public.
Sec. 6. NRS 625.290 is hereby amended to read as follows:
625.290 To qualify for a license as a registered land surveyor [,] or a certificate as a land surveyor-in-training, an applicant must receive a grade [or] of not less than 70 percent on his examination.
Sec. 7. NRS 625.390 is hereby amended to read as follows:
625.390 1. An application for registration as a professional engineer or land surveyor or for certification as an [engineer in training] engineer-in-training or land surveyor-in-training must:
(a) Be on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) Contain the names of not less than three:
(1) Registered professional engineers if applying for registration as a professional engineer or engineer-in-training; or
(2) Registered land surveyors or registered professional engineers qualified in the branch of civil engineering if applying for registration as a land surveyor [,] or land surveyor-in-training,
who may be residents of this or any other state who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
2. The board shall, by regulation, establish the application fee for professional engineers and land surveyors [shall be established by the board] in an amount not more than $100. [and] The fee must accompany the application. A fee for a certificate of registration may be fixed by the board in an amount of not more than $50.
3. If the board denies a certificate to any applicant, or if an applicant fails to appear for examination, the fee paid must be retained as an application fee.
4. The board shall charge and collect from each applicant for [registration] certification as an engineer-in-training or a land surveyor-in-training a fee fixed by the board of not more than $25, which includes the cost of examination and the issuance of a certificate. [as an engineer-in-training. The registration] The certificate as an engineer-in-training is valid for 8 years, [at the end of which time the registration expires] and the certificate as a land surveyor-in-training is valid for 6 years. At the end of the respective periods the certificates expire but may be renewed as in the case of any original applicant.
κ1979 Statutes of Nevada, Page 1101 (CHAPTER 554, SB 233)κ
end of the respective periods the certificates expire but may be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. The board shall require the biennial renewal of each certificate of registration of a professional engineer or land surveyor and collect a [biennial] renewal fee of not more than $75, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
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Senate Bill No. 234Committee on Commerce and Labor
CHAPTER 555
AN ACT relating to professional engineers and surveyors; renaming the state board of registered professional engineers and land surveyors; revising the qualifications of certain members; revising prerequisites for practice of professional engineering by certain organizations; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.010 is hereby amended to read as follows:
625.010 As used in this chapter, board means the state board of registered professional engineers [.] and land surveyors.
Sec. 2. NRS 625.100 is hereby amended to read as follows:
625.100 1. The governor shall appoint seven persons, [all] six of whom [shall] must be engaged in the practice or teaching of professional engineering in any of its branches except military engineering, [and who shall] and one of whom must be engaged in the practice or teaching of land surveying. The members must be citizens of the United States and residents of the State of Nevada, [who shall] and they constitute the state board of registered professional engineers [.] and land surveyors.
2. All appointments made [shall] must be from the current roster of registered professional engineers and land surveyors as issued by the board and on file in the office of the secretary of state. Insofar as practicable, membership on the board [shall] must be distributed proportionately among the recognized branches of the profession. [with at least one member being also registered as a land surveyor.] One of the members who is a land surveyor must not be registered as a professional engineer.
3. Within 30 days after his appointment, a member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the oath with the secretary of state.
Sec. 3. NRS 625.240 is hereby amended to read as follows:
625.240 1. A firm, a copartnership, a corporation or a joint-stock association may engage in the practice of professional engineering in this state, if the [principal] member or members of the firm, copartnership, corporation or joint-stock association [in] immediately responsible [charge of] for engineering work performed in this state are registered professional engineers under the provisions of this chapter.
κ1979 Statutes of Nevada, Page 1102 (CHAPTER 555, SB 234)κ
association may engage in the practice of professional engineering in this state, if the [principal] member or members of the firm, copartnership, corporation or joint-stock association [in] immediately responsible [charge of] for engineering work performed in this state are registered professional engineers under the provisions of this chapter. [and the other members of the firm, copartnership, corporation or joint-stock association are registered under this chapter or chapter 623 of NRS.]
2. Every office or place of business of any firm, copartnership, corporation, or joint-stock association engaged in the practice of professional engineering shall have a registered professional engineer in residence and in direct responsible supervision of the engineering work conducted in such office or place of business. The provisions of this subsection do not apply to firms, copartnerships, corporations or joint-stock associations:
(a) Practicing professional engineering for their own benefit and not engaging in the practice of professional engineering for others or offering professional engineering services to others.
(b) Engaged in the practice of professional engineering at offices established for limited or temporary purposes, such as offices established for the convenience of field survey crews, or offices established for construction inspection.
Sec. 4. NRS 78.045 is hereby amended to read as follows:
78.045 1. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under the laws of this state which provides that the name of the corporation contain the word trust, unless:
(a) It appears from the articles, or the certificate of amendment, that the corporation proposes to carry on a trust company business, either exclusively or in connection with the banking business; and
(b) The articles or certificate of amendment is first approved by the superintendent of banks.
2. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance, unless the articles or certificate of amendment is first approved by the commissioner of insurance.
3. The secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed under the laws of this state if the name of the corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless:
(a) The state board of registered professional engineers and land surveyors certifies that the principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, under the laws of this state; or
(b) The state board of registered professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.
κ1979 Statutes of Nevada, Page 1103 (CHAPTER 555, SB 234)κ
4. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities and Exchange Act of 1934, which does not engage in the practice of professional engineering.
5. The superintendent of banks and the commissioner of insurance are authorized, in their discretion, to approve or disapprove the articles or amendments referred to them under the provisions of this section.
Sec. 5. NRS 254.020 is hereby amended to read as follows:
254.020 The county engineer must be:
1. A qualified and competent civil engineer.
2. Registered as a professional engineer by the state board of registered professional engineers [.] and land surveyors.
Sec. 6. NRS 329.050 is hereby amended to read as follows:
329.050 Board means the state board of registered professional engineers [.] and land surveyors.
Sec. 7. Notwithstanding the provisions of NRS 625.100, members of the state board of registered professional engineers who are serving on July 1, 1979, may continue to serve until the end of their terms unless sooner removed. The governor shall appoint a registered land surveyor who is not a registered professional engineer to the first vacancy which occurs on or after July 1, 1979.
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Senate Bill No. 243Senators Wilson, Young, Raggio and Kosinski
CHAPTER 556
AN ACT relating to the district courts; providing for the addition of judges to the second judicial district; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into nine judicial districts, as follows:
First judicial district. The counties of Storey and Carson City constitute the first judicial district.
Second judicial district. The county of Washoe constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander constitute the third judicial district.
Fourth judicial district. The county of Elko constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt constitute the sixth judicial district.
κ1979 Statutes of Nevada, Page 1104 (CHAPTER 556, SB 243)κ
Seventh judicial district. The counties of White Pine and Lincoln constitute the seventh judicial district.
Eighth judicial district. The county of Clark constitutes the eighth judicial district.
Ninth judicial district. The counties of Douglas and Lyon constitute the ninth judicial district.
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one district judge. For the first judicial district there shall be two district judges. [For the second judicial district there shall be seven district judges.] For the eighth judicial district there shall be 12 district judges.
[3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy occurs in the office of any district judge it shall be filled as provided in NRS 3.080.]
Sec. 2. Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For the second judicial district there shall be nine district judges.
Sec. 3. If Senate Joint Resolution 10 of the 59th session is not approved and ratified by the people at the 1980 general election, and a vacancy in the second judicial district occurs before the general election in 1982, the terms of the additional district judges elected in that judicial district at the general election in 1980 or 1982 expire on the 1st Monday of January in 1985.
Sec. 4. If Senate Joint Resolution 10 of the 59th session is approved and ratified by the people at the 1980 general election, and a vacancy in the second judicial district occurs after the 1st Monday in January in 1981, the chief justice of the supreme court shall by lot assign the district judges first elected to the two offices added to the previously existing number by section 2 of this act respectively to those two classes within the second judicial district which contain only two judges.
Sec. 5. 1. This section shall become effective on passage and approval.
2. Section 2 of this act shall become effective:
(a) Upon the first occurrence of a vacancy in the second judicial district after the effective date of this section, for the purpose of appointing additional district judges to fill the offices added to the previously existing number by section 2 of this act.
(b) On January 1 of the year of the general election at which additional district judges are to be elected to the offices added to the previously existing number in the second judicial district by section 2 of this act, for the purpose of nominating and electing those additional district judges.
(c) On January 1 of the year next following the year of the general election at which additional district judges are elected to the offices added to the previously existing number by section 2 of this act, for all other purposes.
3. Section 3 of this act shall become effective upon the first occurrence of a vacancy in the second judicial district after the effective date of this section, if such a vacancy occurs before November 2, 1982. If no such vacancy occurs before that date, section 3 of this act shall never become effective.
κ1979 Statutes of Nevada, Page 1105 (CHAPTER 556, SB 243)κ
no such vacancy occurs before that date, section 3 of this act shall never become effective.
4. Section 4 of this act shall become effective upon the first occurrence of a vacancy in the second judicial district after the effective date of this section, if such a vacancy occurs after the 1st Monday in January in 1981 and Senate Joint Resolution 10 of the 59th session is approved and ratified by the people at the 1980 general election. If such a vacancy occurs before that date or if Senate Joint Resolution 10 of the 59th session is not so approved and ratified, section 4 of this act shall never become effective.
5. Section 1 of this act shall become effective with respect to the second judicial district on the effective date of section 2 of this act.
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Senate Bill No. 315Committee on Government Affairs
CHAPTER 557
AN ACT relating to public funds; requiring that interest earned on certain funds for which the division of Colorado River resources of the department of energy is responsible be allocated to those funds; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits of state money pursuant to the provisions of this chapter which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;
(b) Apply such proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).
3. The [legislators retirement fund, the public employees retirement fund, the state permanent school fund, the silicosis and disabled pension fund and the wildlife account must be allocated their] proportionate shares of the interest earned and received [. The shares must be accounted for as separate income and assets of those respective funds and account.]
κ1979 Statutes of Nevada, Page 1106 (CHAPTER 557, SB 315)κ
accounted for as separate income and assets of those respective funds and account.] by:
(a) The legislators retirement fund;
(b) The public employees retirement fund;
(c) The state permanent school fund;
(d) The silicosis and disabled pension fund;
(e) The wildlife account; and
(f) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resouces of the department of energy is responsible,
must be accounted for as income and an asset of such fund.
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Senate Bill No. 387Committee on Commerce and Labor
CHAPTER 558
AN ACT relating to public utilities regulation; changing certain procedures required for an increase in rates and for the use of deferred accounting; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.110 is hereby amended to read as follows:
704.110 1. Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility, [or utilities,] enter upon an investigation or, upon reasonable notice, enter upon a hearing concerning the propriety of [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility [or utilities] affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of [such] the schedule and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
κ1979 Statutes of Nevada, Page 1107 (CHAPTER 558, SB 387)κ
3. Whenever there is filed with the commission any schedule stating an increased individual or joint rate, fare or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12-month period. During any hearing concerning [such] the increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the most recent 12 consecutive months for which data are available at the time of filing, adjusted for any increased investment in facilities, increased depreciation expenses, certain other operating expenses as approved by the commission and changes in the costs of [new] securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of the actual 12-month results of operations; but no new rates, fares or charges may be placed into effect until [such] the changes have been experienced and certified by the utility to the commission. The commission may also consider evidence supporting depreciation expenses, calculated on an annual basis, applicable to major electric generating plant units placed into service during the recorded test period or the certification period as set forth in the application. Within 90 days after the filing with the commission of the certification required herein, or before the expiration of any suspension period ordered herein pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to [such] those rates, fares or charges as may be required by this chapter.
4. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
5. Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with commission regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance [if the public utilitys rate of return is] or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.
6. Except as provided in subsection 7, whenever an application for an increased rate, fare or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another application until all pending applications for rate increases submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.
κ1979 Statutes of Nevada, Page 1108 (CHAPTER 558, SB 387)κ
another application until all pending applications for rate increases submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.
7. A public utility may not file an application to recover the increased cost of purchased fuel, purchased power or natural gas purchased for resale more often than once every 30 days.
Sec. 2. NRS 704.185 is hereby amended to read as follows:
704.185 1. A public utility which purchases fuel, including natural gas for resale, or power may record upon its books and records all cost increases or decreases in [such] fuels or purchased power in deferred accounts. Any public utility which utilizes deferred accounting to reflect changes in costs of fuels and purchased power shall include in its annual report to the commission a statement showing the allocated rate of return for each of its operating departments in Nevada which uses [such] deferred accounting.
2. If the rate of return for any department using deferred accounting is greater than the rate of return allowed by the commission in the last rate proceeding, the commission shall order the utility which recovered any deferred fuel and purchased power costs through rates during the reported period to [refund] transfer to the next energy adjustment period that portion of such recovered amounts which exceeds the authorized rate of return.
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Senate Bill No. 388Committee on Commerce and Labor
CHAPTER 559
AN ACT relating to the public service commission of Nevada; allowing the deputy commissioner to conduct certain public hearings upon direction of the commission; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 703.110 is hereby amended to read as follows:
703.110 1. The majority of the commissioners [shall] have full power to act in all matters within their jurisdiction.
2. If two commissioners are disqualified or if there are two vacancies within the commission, the remaining commissioner shall exercise all the powers of the commission.
3. Public hearings [shall] must be conducted by one or more commissioners or, when the commission so directs, by the [secretary] deputy commissioner, except as provided in this subsection, or an administrative assistant. The deputy commissioner shall not hear cases involving a change of rates.
Sec. 2. NRS 703.130 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 1109 (CHAPTER 559, SB 388)κ
703.130 1. The commission shall appoint a deputy commissioner who shall serve in the unclassified service of the state.
2. The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.
[2.] 3. The commission may employ such other clerks, experts or engineers as may be necessary. Employees in the unclassified service of the state shall receive annual salaries in amounts determined pursuant to the provisions of NRS 284.182.
[3.] 4. The compensation of the secretary and other employees shall be fixed in accordance with the provisions of chapter 284 of NRS.
Sec. 3. NRS 703.140 is hereby amended to read as follows:
703.140 1. The commissioners, the deputy commissioner, the secretary, and such clerks and experts as [may be] are employed, [shall be] are entitled to receive from the state their necessary expenses while traveling on the business of the commission, including the cost of lodging and subsistence.
2. [Such expenditure shall] The expenditures must be sworn to by the person who incurred the expense and [shall] must be approved by the chairman of the commission.
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Senate Bill No. 404Senator Lamb
CHAPTER 560
AN ACT providing for oil portraits of Denver S. Dickerson, Frank Bell and Morley Griswold, who became acting governors of Nevada by virtue of their office as lieutenant governor; creating a fund; making an appropriation; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a fund to be known as the fund for oil portraits of certain acting governors.
Sec. 2. There is hereby appropriated from the state general fund to the fund for oil portraits of certain acting governors the sum of $15,000.
Sec. 3. The legislative commission may enter into a contract with an artist to procure portraits of Denver S. Dickerson, Frank Bell and Morley Griswold. The portraits must be painted in oil colors and appropriately framed. The painting and framing must be done in the same manner, style and size as the other portraits of former governors of the State of Nevada displayed in the Capitol corridor. The contract price for each portrait must not exceed $5,000 and must include the cost of the portrait and the frame.
Sec. 4. Upon delivery of the approved framed portraits to the secretary of state and their acceptance by the legislative commission, the state controller shall draw his warrant in an amount equal to the contract prices and the state treasurer shall pay the warrant from the fund created by section 1 of this act.
κ1979 Statutes of Nevada, Page 1110 (CHAPTER 560, SB 404)κ
the state controller shall draw his warrant in an amount equal to the contract prices and the state treasurer shall pay the warrant from the fund created by section 1 of this act. Any balance remaining in that fund must immediately revert to the state general fund.
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Senate Bill No. 415Senator Faiss
CHAPTER 561
AN ACT relating to public employees retirement; broadening eligibility for participation; changing the cost of purchasing credit for certain prior service; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.070 is hereby amended to read as follows:
286.070 1. Public employer means the state, one of its agencies or one of its political subdivisions, the system, irrigation districts created under the laws of the State of Nevada, a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500, [the Nevada interscholastic activities association] a public or quasi-public organization or agency that is funded, at least in part, by public money, and a council of governments created pursuant to the laws of the State of Nevada.
2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit [funds] money with the state treasurer.
Sec. 2. 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] that service was performed [prior to] before 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.
κ1979 Statutes of Nevada, Page 1111 (CHAPTER 561, SB 415)κ
federal, state, county or municipal public system if that service is no longer creditable in the other system. To validate [such] that 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. 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.
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] that 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.
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] that service. The member must pay the systems actuary for a computation of cost and pay the full cost as determined by the actuary.
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] 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.] full actuarial cost based upon the age of the member at the time of the purchase. Service purchased under this subsection [shall] must not be credited until retirement. This service can be used for service retirement eligibility.
7. 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 employee contributions have been paid.
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. 3. Section 2 of this act shall become effective at 12:02 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 1112κ
Senate Bill No. 436Committee on Finance
CHAPTER 562
AN ACT relating to the district supervisor of water commissioners; providing that the salary of the district supervisor be paid entirely from legislative appropriations; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 water commissioners for any stream system or water district subject to regulation and control by the state engineer.
[2.] The duties and salaries of the water commissioners must be fixed by the state engineer and [the] their salaries must be paid by the State of Nevada out of the water distribution accounts. The water commissioners are exempt from the provisions of chapter 284 of NRS.
2. The state engineer shall appoint a district supervisor of water commissioners and fix his duties. The district supervisor is entitled to receive an annual salary [, one-half of which must be] in an amount determined pursuant to the provisions of NRS 284.182 [and] to be provided by direct legislative appropriation. [, the other half to be paid from the water distribution fund.
3. The water commissioners appointed under the provisions of this section are exempt from the provisions of chapter 284 of NRS.]
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 466Senators Sloan, Don Ashworth, Keith Ashworth, Blakemore, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Raggio, Wilson and Young
CHAPTER 563
AN ACT relating to care of the dying; adding special provisions for institutions which care for terminally ill persons; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Hospice means an establishment which is staffed and equipped to:
1. Provide care, either in the home or in a facility, or both, for persons who are terminally ill and do not require the full services of a hospital or skilled nursing facility;
κ1979 Statutes of Nevada, Page 1113 (CHAPTER 563, SB 466)κ
2. Offer medical services under the direction of a physician and a 24-hour professional nursing staff; and
3. Provide, directly or by arrangement, social, psychological or spiritual services for the patient and his family.
Sec. 2. NRS 449.001 is hereby amended to read as follows:
449.001 As used in NRS 449.001 to 449.245, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, [and section 1 of this act] section 2 of Senate Bill No. 79 of the 60th session of the legislature and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 449.007 is hereby amended to read as follows:
449.007 Health and care facility includes alcohol or drug treatment facility, ambulatory surgical center, group care facility, home health agency, intermediate care facility, skilled nursing facility, hospice and hospital.
Sec. 4. NRS 449.260 is hereby amended to read as follows:
449.260 As used in NRS 449.250 to 449.430, inclusive:
1. Community mental health center means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated.
2. Construction includes construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings (including medical transportation facilities), including architects fees, but excluding the cost of offsite improvements and, except with respect to public health centers, the cost of the acquisition of the land.
3. Facility for the mentally retarded means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.
4. Federal Act means 42 U.S.C. §§ 291 to 291o-1 and 300k to 300t, inclusive, and any other federal law providing for or applicable to the provision of assistance for health facilities.
5. Federal agency means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.
6. Health division means the health division of the department of human resources.
7. Health facility includes [hospitals, medical facilities, facilities] any hospital, hospice as defined in section 1 of this act, medical facility, facility for the mentally retarded, community mental health [centers,] center, and other [facilities] facility for the provision of diagnosis, treatment, care, rehabilitation, training or related services to persons with physical or mental impairments, but except for facilities for the mentally retarded does not include any facility furnishing primarily domiciliary care.
κ1979 Statutes of Nevada, Page 1114 (CHAPTER 563, SB 466)κ
8. Hospital includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities such as laboratories, out-patient departments, nurses home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
9. Medical facility means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other medical facilities for which federal aid may be authorized under the Federal Act.
10. Nonprofit health facility means any health facility owned and operated by a corporation or association, no party of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or [individual.] natural person.
11. Public health center means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
12. State department means the department of human resources, acting through its appropriate divisions.
Sec. 5. 1. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1979.
2. Section 3 of this act shall become effective at 12:02 a.m. on July 1, 1979.
________
Senate Bill No. 491Committee on Judiciary
CHAPTER 564
AN ACT relating to public accommodations; providing further limitations on the liability of owners or keepers of public accommodations for the theft, loss, damage or destruction of the property of a guest; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 651.010 is hereby amended to read as follows:
651.010 1. No owner or keeper of any hotel, inn, motel, motor court, [or] boardinghouse or lodginghouse in this state [shall be] is civilly liable [after July 1, 1953, for the loss] for the theft, loss, damage or destruction of any property left in the room of any guest of [any] such an establishment [by reason] because of theft, burglary, fire or otherwise, in the absence of gross neglect [upon the part of such keeper or owner.] by the owner or keeper.
2. If an owner or keeper of any hotel, inn, motel, motor court, boarding house or lodging house in this state provides a fireproof safe or vault in which guests may deposit property for safekeeping, and notice of this service is personally given to a guest or posted in the office and the guests room, the owner or keeper is not liable for the theft, loss, damage or destruction of any property which is not offered for deposit in the safe or vault by a guest unless the owner or keeper is grossly negligent.
κ1979 Statutes of Nevada, Page 1115 (CHAPTER 564, SB 491)κ
guests room, the owner or keeper is not liable for the theft, loss, damage or destruction of any property which is not offered for deposit in the safe or vault by a guest unless the owner or keeper is grossly negligent. An owner or keeper is not obligated to receive property to deposit for safekeeping which exceeds $750 in value or is of a size which cannot easily fit within the safe or vault.
3. The liability of the owner or keeper under this section does not exceed the sum of $750 for any property of an individual guest, unless the owner or keeper receives the property for deposit for safekeeping and consents to assume a liability greater than $750 for its theft, loss, damage, or destruction in a written agreement in which the guest specifies the value of the property.
________
Senate Bill No. 511Committee on Finance
CHAPTER 565
AN ACT relating to the financial support of the public school system; providing for state financial assistance for school construction in certain school districts; making an appropriation; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any school district in which:
(a) A major part of the school facilities in an area have been condemned or are about to be condemned; or
(b) The cost of construction of school facilities is high because the area in which they are needed is remote,
and further debt would seriously impair the functions of other taxing entities in the county because the combined tax rate is at or near the limit, the school district is eligible for financial assistance from the state for school construction.
2. A school district which is eligible for assistance under this section may apply for it in a manner which the state board of education has specified by regulation. Each application must include:
(a) Details concerning the qualifications of the school district under subsection 1;
(b) The reasons for the construction of the school facilities;
(c) An agreement on the part of the school district to submit all reasonable reports which the state board of education requires;
(d) A statement to the effect that existing school facilities are open to inspection by the state board of education or its authorized representatives;
(e) Evidence of existing indebtedness and a certificate from the county general obligation bond commission that further indebtedness on the part of the school district will create a serious financial hardship for other taxing entities in the county; and
κ1979 Statutes of Nevada, Page 1116 (CHAPTER 565, SB 511)κ
of the school district will create a serious financial hardship for other taxing entities in the county; and
(f) A financial statement prepared by a responsible financial consultant which certifies that the school district is unable to bear further indebtedness.
3. The state board of education shall:
(a) Adopt regulations for the submission of applications for assistance under this section;
(b) Examine the proposed school facilities for need and for their adequacy to serve the educational purposes for which they are intended; and
(c) Study the application of the school district and make an appropriate recommendation to the interim finance committee.
4. The state public works board shall examine the plans and designs of the proposed school facilities to determine if they are functional, durable and reasonable in cost.
5. The interim finance committee may allocate money from the account for state assistance for school construction, which is hereby created in the state general fund, after reviewing the recommendation of the state board of education, the information accompanying the recommendation and any other information which it has at its disposal. The interim finance committee may not allocate an amount which is more than 40 percent of the construction cost of a proposed school facility to that facility.
Sec. 2. NRS 387.145 to 387.165, inclusive, are hereby repealed.
Sec. 3. 1. There is hereby appropriated from the state general fund to the account for state assistance for school construction the sum of $1,000,000.
2. After June 30, 1981, the unencumbered balance of the appropriation made in this section may not be encumbered and must revert to the state general fund.
________
Senate Bill No. 548Committee on Judiciary
CHAPTER 566
AN ACT relating to parole; making the chairman of the state board of parole commissioners the executive officer of the board; defining the decision of the board; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.108 is hereby amended to read as follows:
213.108 1. The state board of parole commissioners is hereby created.
2. The board consists of three members appointed by the governor.
3. A chairman of the board shall be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and be responsible for its management except as provided in NRS 213.1085.
κ1979 Statutes of Nevada, Page 1117 (CHAPTER 566, SB 548)κ
activities and services and be responsible for its management except as provided in NRS 213.1085.
4. A decision on any issue before the board, concurred in by two or more members, is the decision of the board.
________
Senate Bill No. 553Committee on Transportation
CHAPTER 567
AN ACT relating to traffic laws; conforming the law requiring certain vehicles to stop at railroad crossings to federal regulations; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.353 is hereby amended to read as follows:
484.353 1. Except as otherwise provided in this section, the driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying any explosive or flammable liquid as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop [such] that vehicle within 50 feet but not less than 15 feet from the nearest rail of [such] the railroad and while so stopped shall listen and look in both directions along [such] the track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.
2. After stopping as required in this section and upon proceeding when it is safe to do so, the drive of any such vehicle shall cross only in [such] a gear of the vehicle that there will be no necessity for changing gears while traversing [such] the crossing and the driver shall not shift gears while crossing the track or tracks.
3. When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.
4. No such stop need be made at a railroad crossing:
(a) Where a police officer or official traffic-control device controls the movement of traffic.
(b) Which is marked with a device indicating that the crossing is abandoned.
(c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within an area designated as a business district.
(d) Which is marked with a sign identifying it as an exempt crossing. Signs identifying a crossing as exempt may be erected only:
(1) If the tracks are an industrial or spur line;
(2) By or with the consent of the appropriate state or local authority which has jurisdiction over the road; and
κ1979 Statutes of Nevada, Page 1118 (CHAPTER 567, SB 553)κ
(3) After the state or local authority has held a public hearing to determine whether the crossing should be designated an exempt crossing.
________
Senate Bill No. 560Committee on Transportation
CHAPTER 568
AN ACT relating to the administration of motor vehicle laws; prohibiting the use of the files and records of the department of motor vehicles for commercial solicitation; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The director [is authorized to] may charge and collect reasonable fees from persons making use of files and records of the department or its various divisions for [any] a private purpose.
2. All [moneys] money so collected [shall] must be deposited [with the state treasurer to the credit of] in the state treasury for credit to the motor vehicle fund.
3. Information taken from the files and records of the department must not be used in the solicitation of persons for the purpose of selling or attempting to sell any product or service.
________
Senate Bill No. 569Committee on Finance
CHAPTER 569
AN ACT relating to drivers licenses; providing for the disposition of fees collected therefor; providing for transfers from the motor vehicle fund to the state general fund; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.235 is hereby amended to read as follows:
408.235 1. There is hereby created in the state treasury the state highway fund.
2. The proceeds from the imposition of any license, except a drivers license, or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel [shall] must be deposited in the state highway fund and [shall,] must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
κ1979 Statutes of Nevada, Page 1119 (CHAPTER 569, SB 569)κ
except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
3. Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle [shall] must be limited to a sum not to exceed 22 percent of the total proceeds so collected.
4. Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel [shall] must be limited to a sum not to exceed 1 percent of the total proceeds so collected.
5. All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter [shall] must be certified by the engineer or the accountant and [shall] must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.
Sec. 2. NRS 481.083 is hereby amended to read as follows:
481.083 1. [Funds] Except for the operation of the drivers license division, money for the administration of the provisions of this chapter [shall] must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.
2. All [moneys] money provided for the support of the department and its various divisions [shall] must be paid out on claims approved by the director in the same manner as other claims against the state are paid.
Sec. 3. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. [Money] All money received or collected by the department [shall be deposited with the state treasurer] must be deposited in the state treasury for credit to the motor vehicle fund.
2. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter shall, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
[2.] 3. Money for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
[3.] 4. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and that money shall be distributed monthly as provided in subsection [4.] 5.
[4.] 5. The distribution of the privilege tax within a county shall be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution.
κ1979 Statutes of Nevada, Page 1120 (CHAPTER 569, SB 569)κ
The amount attributable to the debt service of each school district shall be included in the allocation made to each county government. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455. Local governments, other than incorporated cities, shall receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county shall be paid to the counties for distribution to the other local governments.
[5.] 6. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation shall be distributed among the counties in the following percentages:
Carson City............. 1.07 percent Lincoln.............. 3.12 percent
Churchill.................. 5.21 percent Lyon.................. 2.90 percent
Clark......................... 22.54 percent Mineral............. 2.40 percent
Douglas................... 2.52 percent Nye.................... 4.09 percent
Elko........................... 13.31 percent Pershing........... 7.00 percent
Esmeralda................ 2.52 percent Storey............... .19 percent
Eureka...................... 3.10 percent Washoe............ 12.24 percent
Humboldt................. 8.25 percent White Pine....... 5.66 percent
Lander...................... 3.88 percent
The distributions shall be allocated among local governments within the respective counties pursuant to the provisions of subsection [4.] 5.
[6.] 7. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, and 1 percent from counties having a population of less than 100,000 as determined by that last preceding national census.
[7.] 8. When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 4. NRS 483.347 is hereby amended to read as follows:
483.347 1. [On and after January 1, 1976, the] The department shall issue a drivers license which:
(a) Bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age; and
(b) May be obtained immediately by any applicant upon qualifying therefor, unless the applicants current driving record is not immediately available at the issuing office.
2. The department shall:
κ1979 Statutes of Nevada, Page 1121 (CHAPTER 569, SB 569)κ
(a) Establish a uniform procedure for the production of [such] those licenses, applicable to renewal as well as to original licenses.
(b) Increase the fees provided in NRS 483.410 by an amount up to $1. The increase must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the increased costs of license production required by this section.
Sec. 5. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license issued and service performed the following fees [shall] must be charged:
A license issued to a person 70 years of age or older...................................... $2
A license issued to any other person................................................................. 5
Reinstatement of a license after suspension, revocation or cancellation..... 5
A duplicate license, new photograph, change of name, change of address or any combination......................................................................................... 1
2. For every motorcycle endorsement to a drivers license a $2 fee [shall] must be charged.
3. The increase in fees authorized by NRS 483.347 [shall] must be paid in addition to the fees charged pursuant to subsections 1 and 2.
4. A penalty of $5 [shall] must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 unless exempt under NRS 483.380.
5. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
6. All money collected by the department [shall] under this chapter must be deposited [with] in the state [treasurer to the credit of] treasury for credit to the motor vehicle fund. [The amount of the increase in fees authorized by NRS 483.347 shall be allocated to the department to defray the increased costs of license production required by that section.] When directed by the department, the state controller shall transfer on a semimonthly basis to the state general fund all money collected under this chapter except the increase in fees authorized by NRS 483.347.
Sec. 6. Section 115 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:
Sec. 115. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. All money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter shall, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
3. Money for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law.
κ1979 Statutes of Nevada, Page 1122 (CHAPTER 569, SB 569)κ
required by law. Out of the appropriation the department shall pay every item of expense.
4. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and that money shall be distributed monthly as provided in subsection 5.
5. The distribution of the privilege tax within a county shall be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. The amount attributable to the debt service of each school district shall be included in the allocation made to each county government. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455. Local governments, other than incorporated cities, shall receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county shall be paid to the counties for distribution to the other local governments.
6. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation shall be distributed among the counties in the following percentages:
Carson City............... 1.07 percent Lincoln.............. 3.12 percent
Churchill.................... 5.21 percent Lyon.................. 2.90 percent
Clark........................... 22.54 percent Mineral............. 2.40 percent
Douglas..................... 2.52 percent Nye.................... 4.09 percent
Elko............................ 13.31 percent Pershing........... 7.00 percent
Esmeralda.................. 2.52 percent Storey............... .19 percent
Eureka........................ 3.10 percent Washoe............ 12.24 percent
Humboldt.................. 8.25 percent White Pine....... 5.66 percent
Lander....................... 3.88 percent
The distributions shall be allocated among local governments within the respective counties pursuant to the provisions of subsection 5.
7. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 100,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] and 1 percent from counties having a population of less than 100,000. [as determined by that last preceding national census.]
8. When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
κ1979 Statutes of Nevada, Page 1123 (CHAPTER 569, SB 569)κ
monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 7. NRS 486.151 and 486.371 are hereby repealed.
Sec. 8. Sections 3 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 570Committee on Government Affairs
CHAPTER 570
AN ACT relating to municipal airports; providing the manner in which general obligation bonds and revenue bonds may be sold; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 496.155 is hereby amended to read as follows:
496.155 1. Subject to the provisions of NRS 496.150 [,] and subsections 2 and 3 of this section, for any undertaking [therein] authorized in NRS 496.150, the governing body of a municipality, as [the governing body] it may determine from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated, and evidence [such] the obligations by the issuance of bonds and other municipal securities, and in connection with [such] the undertaking or the municipal airport, including without limitation air navigation facilities and other facilities appertaining to the airport, the governing body may otherwise proceed, all as provided in the Local Government Securities Law, as from time to time amended.
2. General obligation bonds, whether or not their payment is additionally secured by a pledge of net revenues, must be sold as provided in the Local Government Securities Law.
3. Revenue bonds may be sold at a public sale as provided in the Local Government Securities Law or at a private sale.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 575Committee on Judiciary
CHAPTER 571
AN ACT relating to judgment and execution; providing for the commitment of certain convicted felons to the department of prisons for evaluation before sentencing; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 1124 (CHAPTER 571, SB 575)κ
1. If a defendant has:
(a) Been convicted of a felony for which he may be sentenced to imprisonment; and
(b) Never been held in any detention facility for more than 30 consecutive days,
the court may, before sentencing the defendant, commit him to the custody of the director of the department of prisons for not more than 120 days. The period of commitment may be extended once for another period of 60 days at the request of the department of prisons. During the time for which a defendant is committed to the custody of the director, the director may assign the defendant to appropriate programs of rehabilitation to facilitate the evaluation of the defendant required under subsection 2.
2. The department of prisons shall conduct a complete evaluation of the defendant during the time of commitment under this section, and shall inquire into such matters as his previous delinquency or criminal record, social background and capabilities, his mental, emotional and physical health, and the resources and programs available to suit his needs for rehabilitation.
3. The department of prisons shall return the defendant to the court not later than the end of the period for which he was committed under this section and provide the court with a report of the results of its evaluation, including any recommendations which it believes will be helpful to the court in determining the proper sentence.
4. Upon receiving the report and recommendations, the court shall sentence the defendant to:
(a) An appropriate term of imprisonment the duration of which must be computed from the date of commitment under subsection 1; or
(b) Probation, a condition of which must be that the defendant serve a number of days in the state prison equal to or greater than the number of days spent in confinement under subsection 1, including the day of commitment.
Sec. 2. NRS 176.105 is hereby amended to read as follows:
176.105 [A judgment of conviction shall set forth the plea, the verdict or findings, the adjudication and sentence, and the exact amount of preconviction time credit granted pursuant to NRS 176.055 if any. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk.]
1. If a defendant is found guilty and is:
(a) To be committed to the custody of the director of the department of prisons for an evaluation by the department, the judgment of conviction must set forth the plea, the verdict or finding and the adjudication.
(b) Sentenced as provided by law, the judgment of conviction must set forth the plea, the verdict or finding, the adjudication and sentence, and the exact amount of credit granted for time spent in confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason is entitled to be discharged, judgment must be entered accordingly.
κ1979 Statutes of Nevada, Page 1125 (CHAPTER 571, SB 575)κ
3. The judgment must be signed by the judge and entered by the clerk.
Sec. 3. NRS 209.341 is hereby amended to read as follows:
209.341 The director shall assign every person who is committed to him for evaluation by the department or who is sentenced to imprisonment in the state prison to an appropriate institution of the department. The assignment [shall] must be based on an evaluation of the offenders records, particular needs and custody requirements.
________
Senate Bill No. 576Committee on Government Affairs
CHAPTER 572
AN ACT relating to metropolitan police departments; removing certain obsolete references; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 280.100 is hereby amended to read as follows:
280.100 1. Each county which has a population of 200,000 or more and the city which is the county seat of each such county shall comply with the provisions of this chapter. [on July 1, 1973.] Any other city in any such county may comply with provisions of this chapter. [on or after July 1, 1973.]
2. Each county which has a population of less than 200,000, and any city or cities located in the county may comply with the provisions of this chapter. [on or after July 1, 1973.]
Sec. 2. Section 75 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as follows:
Sec. 75. NRS 280.100 is hereby amended to read as follows:
280.100 1. Each county which has a population of [200,000] 250,000 or more and the city which is the county seat of each such county shall comply with the provisions of this chapter. Any other city in any such county may comply with provisions of this chapter.
2. Each county which has a population of less than [200,000,] 250,000, and any city or cities located in the county may comply with the provisions of this chapter.
Sec. 3. NRS 280.310 is hereby amended to read as follows:
280.310 1. Each department shall have a system of civil service, applicable to and governing all employees of the department except elected officers and such other positions as designated by the policy commission.
2. The system of civil service [shall] must be governed by a board composed of five civil service trustees appointed by the police commission.
κ1979 Statutes of Nevada, Page 1126 (CHAPTER 572, SB 576)κ
Upon creation of [such] the board, the police commission shall appoint one trustee for a term of 2 years, two trustees for terms of 3 years and two trustees for [a term] terms of 4 years. Thereafter all trustees [shall] serve for terms of 4 years.
3. The board shall prepare rules or regulations governing the system of civil service to be adopted by the police commission. [, but in the case of a county having a population of 200,000 or more which is required to comply with the provisions of this chapter by July 1, 1973, the initial civil service rules shall be those governing the police department of the largest city in the county, as such rules are modified and approved for such purpose by the law enforcement consolidation committee organized and operating pursuant to resolution of the special committee created by chapter 613, Statutes of Nevada 1971, to study the problems of local government in Clark County. Such] The rules or regulations [shall] must provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions;
(d) Procedures for promotion, disciplinary actions and removal of employees; and
(e) Such other matters as the board may consider necessary.
4. Copies of the rules or regulations of the system of civil service [shall] must be distributed to all employees of the department.
5. The sheriff shall designate a personnel officer to administer the personnel functions of the department according to the policies, rules or regulations of the board, including but not limited to the items enumerated in subsection 3.
Sec. 4. Section 77 of chapter 338, Statutes of Nevada 1979, is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 580Committee on Taxation
CHAPTER 573
AN ACT relating to the perpetuation of survey corners; abolishing the fee for filing a record of a survey corner; and providing other matters properly relating thereto.
[Approved May 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 329.170 is hereby amended to read as follows:
329.170 [1.] The county recorder of the county containing the corner shall:
[(a)] 1. Receive the completed corner record and preserve it in a hardbound book. The books [shall] must be numbered in numerical order.
κ1979 Statutes of Nevada, Page 1127 (CHAPTER 573, SB 580)κ
[(b)] 2. Make such records available for public inspection during all usual office hours.
[2. The fee for filing any corner record shall be $5, except that no fee shall be charged for filing:
(a) A written record of all corners, monuments and their accessories established prior to July 1, 1969, where such record is completed as required by this chapter and is offered for filing before January 1, 1970.
(b) Any survey performed by authorized personnel of the federal, state or local governments.]
________
Assembly Bill No. 513Committee on Government Affairs
CHAPTER 574
AN ACT relating to the region of Lake Tahoe; further defining the powers and duties of the Nevada Tahoe regional planning commission; contingently repealing the Tahoe Regional Planning Compact; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.024 is hereby amended to read as follows:
278.024 1. In the region of this state for which there has been created by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, a regional planning agency, the powers conferred by NRS 278.010 to 278.630, inclusive, upon any other authority are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency. The powers conferred by NRS 278.010 to 278.630, inclusive, shall be exercised whenever appropriate in furtherance of a plan adopted by the regional planning agency.
2. Upon the adoption by a regional planning agency created by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act, and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, of any regional plan or interim plan, any plan adopted pursuant to NRS 278.010 to 278.630, inclusive, shall cease to be effective as to the territory embraced in such regional or interim plan. Each planning commission and governing body whose previously adopted plan is so affected shall, within 90 days after the effective date of the regional or interim plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.
Sec. 2. NRS 278.792 is hereby amended to read as follows:
278.792 1. The Nevada Tahoe regional planning agency is hereby created as a separate legal entity.
2. The governing body of the agency [shall consist of the Nevada members of the Tahoe regional planning agency created by the Tahoe Regional Planning Compact.]
κ1979 Statutes of Nevada, Page 1128 (CHAPTER 574, AB 513)κ
members of the Tahoe regional planning agency created by the Tahoe Regional Planning Compact.] consists of:
(a) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and must reside in the territorial jurisdiction of the governmental body making the appointment.
(b) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. A member who is appointed or designated pursuant to this paragraph must not be a resident of the region and shall represent the public at large within the State of Nevada.
(c) One member appointed for a 1-year term by the six other members. If at least four members are unable to agree upon the selection of a seventh member within 30 days after this section becomes effective or the occurrence of a vacancy, the governor shall make the appointment. The member appointed pursuant to this paragraph may but is not required to be a resident of the region.
3. If any appointing authority fails to make an appointment within 30 days after the effective date of this section or the occurrence of a vacancy on the governing body, the governor shall make the appointment.
4. The position of any member of the governing body shall be deemed vacant if the member is absent from three consecutive meetings of the governing body in any calendar year.
5. Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing body or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this section, economic interest means:
(a) Any business entity operating in the region in which the member has a direct or indirect investment worth more than $1,000.
(b) Any real property located in the region in which the member has a direct or indirect interest worth more than $1,000.
(c) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(d) Any business entity operating in the region in which the member is a director, officer, partner, trustee, employee or holds any position of management.
No member or employee of the agency may make or attempt to influence an agency decision in which he knows or has reason to know he has a financial interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interest of the member or employee.
Sec. 3. NRS 278.794 is hereby amended to read as follows:
278.794 The terms of office of the members of the governing body [shall coincide with the terms of office of such persons as members of the Tahoe regional planning agency.]
κ1979 Statutes of Nevada, Page 1129 (CHAPTER 574, AB 513)κ
[shall coincide with the terms of office of such persons as members of the Tahoe regional planning agency.] , other than the member appointed by the other members, are at the pleasure of the appointing authority in each case, but each appointment must be reviewed no less often than every 4 years.
Sec. 3.5. NRS 278.808 is hereby amended to read as follows:
278.808 1. The agency shall appoint an advisory planning commission to serve in an advisory capacity to the agency. The planning commission [shall] must include:
[1.] (a) The chief planning officers of Carson City and the counties of Douglas and Washoe;
[2. The county health officer of Douglas County or his designee;
3. The county health officer of Washoe County or his designee;
4. The administrator of the division of environmental protection]
(b) The chief of the bureau of environmental health of the health division of the department of human resources;
(c) The director of the state department of conservation and natural resources; [or his designee;
5.] (d) The executive officer of the Nevada Tahoe regional planning agency, who shall act as chairman; and
[6.] (e) At least two lay members, each of who [shall] must be a resident of the region.
Any official member may designate a substitute.
2. The term of office of each lay member of the advisory planning commission is 2 years. Members may be reappointed.
3. The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in that event the appointing authority shall appoint a successor.
4. A majority of the members of the advisory planning commission shall constitute a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
Sec. 4. 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. On or before December 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion not more than $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. Each county shall pay such sum from its general fund or from any other money available therefor.
3. The agency is strictly accountable to each county in the region for all money paid by it to the agency and is strictly accountable to all participating bodies for all receipts and disbursements.
Sec. 5. NRS 278.826 is hereby amended to read as follows:
278.826 1. If at any time the State of California or the State of Nevada withdraws from the Tahoe Regional Planning Compact, [the agency created by NRS 278.780 to 278.828, inclusive, shall assume the powers and duties of the Nevada Tahoe regional planning agency created by NRS 278.702 to 278.770, inclusive.]
κ1979 Statutes of Nevada, Page 1130 (CHAPTER 574, AB 513)κ
Nevada withdraws from the Tahoe Regional Planning Compact, [the agency created by NRS 278.780 to 278.828, inclusive, shall assume the powers and duties of the Nevada Tahoe regional planning agency created by NRS 278.702 to 278.770, inclusive.] the Nevada Tahoe regional planning agency shall perform all duties and exercise all powers provided in NRS 278.780 to 278.828, inclusive, and sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979.
2. Upon receiving a notice of withdrawal or determining as a fact that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers, the governor shall proclaim publicly the withdrawal or finding.
Sec. 6. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 14, inclusive, of this act.
Sec. 7. The governing body shall adopt a regional plan. After adoption, the planning commission and governing body shall continuously review and maintain the regional plan. The regional plan must consist of a diagram or diagrams and text or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
Sec. 8. 1. In preparing the regional plan and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing, which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subsection must be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county or city a portion of whose territory lies within the region.
2. The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in subsection 1.
3. If a request is made for the amendment of the regional plan by:
(a) A political subdivision a part of whose territory would be affected by such amendment; or
(b) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 180 days after the request is accepted as complete according to standards which must be prescribed by ordinance of the agency.
Sec. 9. The regional plan must include the following correlated elements:
1. A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities and permitted uses.
κ1979 Statutes of Nevada, Page 1131 (CHAPTER 574, AB 513)κ
water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities and permitted uses.
2. A transportation plan for the integrated development of a regional system of transportation, including but not limited to freeways, parkways, highways, transportation facilities, transit routes, waterways, navigation and aviation aids and facilities, and appurtenant terminals and facilities for the movement of people and goods within the region.
3. A conservation plan for the preservation, development, utilization and management of the scenic and other natural resources within the basin, including but not limited to soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
4. A recreation plan for the development, utilization and management of the recreational resources of the region, including but not limited to wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.
5. A public services and facilities plan for the general location, scale and provision of public services and facilities which, by the nature of their function, size, extent and other characteristics, are necessary or appropriate for inclusion in the regional plan.
Sec. 10. 1. In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect, or are concerned with planning and development within, the region.
2. Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local and regional governmental jurisdictions located outside the region but contiguous to its boundaries.
3. In formulating the regional plan and putting it into effect, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.
Sec. 11. 1. The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and persons concerned.
2. The agency shall cooperate with owners of unimproved real estate within the basin in order to perfect exchanges of their property for unimproved real property owned by the United States outside the basin. The agency shall maintain a current list of real property owned by the United States and known to be available for exchange, and it shall participate in negotiations between the United States and the other owners to perfect exchanges of property.
κ1979 Statutes of Nevada, Page 1132 (CHAPTER 574, AB 513)κ
participate in negotiations between the United States and the other owners to perfect exchanges of property.
Sec. 12. 1. The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional plan. Every such ordinance, rule or regulation must establish a minimum standard applicable throughout the region, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory.
2. The regulations must contain general, regional standards, including but not limited to the following:
(a) Water purity and clarity;
(b) Subdivision;
(c) Zoning;
(d) Tree removal;
(e) Disposal of solid waste;
(f) Sewage disposal;
(g) Land fills, excavations, cuts and grading;
(h) Piers, harbors, breakwaters, channels and other shoreline developments;
(i) Waste disposal in shoreline areas;
(j) Waste disposal from boats;
(k) Mobile-home parks;
(l) House relocation;
(m) Outdoor advertising;
(n) Protection of flood plains;
(o) Protection of soil and control of sedimentation;
(p) Air pollution; and
(q) Watershed protection.
3. Whenever possible without diminishing the effectiveness of the interim plan or the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the interim or regional plan.
Sec. 13. 1. Every public works project proposed to be constructed within the region must be submitted to the agency for its review and recommendation as to conformity with the regional or interim plan.
2. Except as provided in subsection 3, a public works project must not be constructed unless it has been approved by the agency.
3. If the public works project is proposed and is to be constructed by a department of this state, the agency shall submit is recommendations to the executive head of the department and to the governor, but the project may be constructed as approved by the executive head of the department.
Sec. 14. 1. Whenever, under the provisions of section 13 of this act or any ordinance, rule, regulation or policy of the agency, the agency is required to review or approve any proposal, public or private, the agency shall take final action upon whether to approve, to require modification or to reject the proposal within 90 days after the proposal is delivered to the agency in compliance with the agencys regulations concerning such delivery unless the applicant has agreed to an extension of this time limit.
κ1979 Statutes of Nevada, Page 1133 (CHAPTER 574, AB 513)κ
this time limit. If the agency does not take final action within 90 days, the proposal shall be deemed rejected.
2. Approval by the agency of any proposed construction or use expires 3 years after the date of final action by the agency unless construction is begun within that time and diligently pursued thereafter or the use has commenced. In computing the 3-year period, any period of time during which the proposed construction or use is the subject of a legal action must not be counted.
Sec. 15. NRS 244.152 is hereby amended to read as follows:
244.152 In the region of this state for which there has been created by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, a regional planning agency, the powers of a county for the location and construction of all public works are subordinate to the powers of [such] that regional planning agency.
Sec. 16. NRS 268.098 is hereby amended to read as follows:
268.098 In the region of this state for which there has been established by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, a regional planning agency, the powers [conferred by this chapter] of every city which relate to planning, subdivision regulation and zoning are subordinate to the powers of such regional planning agency.
Sec. 17. NRS 269.122 is hereby amended to read as follows:
269.122 In the region of this state for which there has been established by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, a regional planning agency, the powers of an unincorporated town for the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 18. NRS 309.383 is hereby amended to read as follows:
309.383 In the region of this state for which there has been established by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, a regional planning agency, the powers of any district organized or reorganized under this chapter with respect to the location and construction of all improvements are subordinate to the powers of such regional planning agency.
Sec. 19. NRS 318.102 is hereby amended to read as follows:
318.102 In the region of this state for which there has been established by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, a regional planning agency, the powers of any district organized, reorganized or required to reorganize under this chapter with respect to the location and construction of all improvements are subordinate to the powers of such regional planning agency.
Sec. 20. 1. NRS 266.262, 267.122, 278.702 to 278.770, inclusive, 278.812 and 278.824 are hereby repealed.
κ1979 Statutes of Nevada, Page 1134 (CHAPTER 574, AB 513)κ
2. The Tahoe Regional Planning Compact set forth in NRS 277.200, is hereby repealed.
Sec. 21. Section 2 of chapter 518, Statutes of Nevada 1977, at page 1081, is hereby amended to read as follows:
Sec. 2. NRS 277.230 [and 278.780 to 278.828, inclusive, are,] is hereby repealed.
Sec. 22. Until changed pursuant to NRS 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979:
1. The governing body of the Nevada Tahoe regional planning agency consists of the Nevada members of the governing body of the Tahoe Regional Planning Agency incumbent on the effective date of this section.
2. The ordinances, regulations, rules and policies of the Tahoe Regional Planning Agency in effect on the effective date of this section become the ordinances, regulations, rules and policies of the Nevada Tahoe regional planning agency.
3. Any condition imposed by the Tahoe Regional Planning Agency in its approval of any project remains effective.
Sec. 23. 1. There is hereby appropriated from the general fund in the state treasury the sum of $125,000 for each of the fiscal years 1979-80 and 1980-81, for the support of the Nevada Tahoe regional planning agency, subject to the condition imposed by subsection 2.
2. This appropriation is effective for either fiscal year only if during or before that fiscal year the governor has proclaimed a withdrawal or finding pursuant to section 5 of this amendatory act.
3. If at the time of such a proclamation:
(a) Carson City, Douglas County or Washoe County has not paid over to the Tahoe Regional Planning Agency its full contribution for the then-current fiscal year as allotted by that agency, it shall pay over the remaining portion to the Nevada Tahoe regional planning agency.
(b) The state controller has not drawn his warrant in favor of the Tahoe Regional Planning Agency for the full amount of the appropriation for its support for the fiscal year 1978-79, he shall draw his warrant for any remainder in favor of the Nevada Tahoe regional planning agency.
Sec. 24. 1. This section shall become effective upon passage and approval.
2. All other sections of this act shall become effective upon proclamation by the governor of a withdrawal from the Tahoe Regional Planning Compact by the State of California or of his finding that the Tahoe Regional Planning Agency has become unable, for lack of money or for any other reason, to perform its duties or to exercise its powers as provided in the compact.
________
κ1979 Statutes of Nevada, Page 1135κ
Assembly Bill No. 503Assemblymen Dini, Mello, May, Wagner and Weise
CHAPTER 575
AN ACT relating to the Tahoe Regional Planning Agency; changing the composition of its governing body and the requirements for making decisions; restricting certain gaming activities to certain places within the region; changing penalties; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
TAHOE REGIONAL PLANNING COMPACT
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that [the waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.
(b) It is further declared that by virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.
(c) It is further found and declared that there is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, to preserve the scenic beauty and recreational opportunities of the region, and it is recognized that for the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to adopt and enforce a regional plan, of resource conservation and orderly development, to exercise effective environmental controls and to perform other essential functions, as enumerated in this title.] :
(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region are substantial.
(3) The region exhibits unique environmental and ecological values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of the regions natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.
(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
κ1979 Statutes of Nevada, Page 1136 (CHAPTER 575, AB 503)κ
scientific, natural and public health values provided by the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.
(8) Responsibilities for providing recreational, and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, the States of California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.
(10) There is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, to preserve the scenic beauty and recreational opportunities of the region.
(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with power to establish environmental threshold carrying capacities, and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
(c) The policies, regulations and public laws applying to the region shall be interpreted and administered by the Tahoe Regional Planning Agency in accordance with the policies set forth in this compact.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of [the Counties of Douglas, Ormsby, and Washoe] Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 [,] North, Range 16 East, M.D.B. & M. The region defined and described herein shall be precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan [shall mean] means the long-term general plan for the development of the region.
κ1979 Statutes of Nevada, Page 1137 (CHAPTER 575, AB 503)κ
(e) [Interim plan shall mean the interim regional plan adopted pending the adoption of the regional plan.
(f)] Planning commission means the advisory planning commission appointed pursuant to [paragraph] subdivision (h) of Article III.
(f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play 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, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but 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, to the extent excluded by applicable state law.
(g) Restricted gaming license means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.
(h) Project means an activity undertaken by any person if the activity may substantially affect the land, water, air, space or any other natural resources of the region.
(i) Environmental threshold carrying capacity means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.
(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(k) Area within a structure open to public use means all area within a structure housing gaming under a nonrestricted license except:
(1) The area which is devoted to the private use of guests, including hotel rooms and hallways to serve that area; and
(2) Any parking area.
(l) Nonrestricted license means a gaming license which is not a restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
[One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Each member shall be a member of the city council or county board of supervisors which he represents and, in the case of a supervisor, shall be a resident of a county supervisorial district lying wholly or partly within the region.
One member appointed by each of the boards of county commissioners of Douglas, Ormsby and Washoe counties. Any member so appointed shall be a resident of the county from which he is appointed and may be, but is not required to be:
κ1979 Statutes of Nevada, Page 1138 (CHAPTER 575, AB 503)κ
appointed shall be a resident of the county from which he is appointed and may be, but is not required to be:
(1) A member of the board which appoints him; and
(2) A resident of or the owner of real property in the region,
as each board of county commissioners may in its own discretion determine. The manner of selecting the person so to be appointed may be further prescribed by county ordinance.
A person so appointed shall before taking his seat on the governing body disclose all his economic interests in the region, and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. If any board of county commissioners fails to make an appointment required by this paragraph within 30 days after the effective date of this act or the occurrence of a vacancy on the governing body, the governor shall make such appointment. The position of a member appointed by a board of county commissioners shall be deemed vacant if such member is absent from three consecutive meetings of the governing body in any calendar year.
One member appointed by the Governor of California and one member appointed by the Governor of Nevada. The appointment of the California member is subject to Senate confirmation, he shall not be a resident of the region and shall represent the public at large. The member appointed by the Governor of Nevada shall not be a resident of the region and shall represent the public at large.
The Administrator of the California Resources Agency or his designee and the Director of the Nevada Department of Conservation and Natural Resources or his designee.]
(1) California delegation:
(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region.
κ1979 Statutes of Nevada, Page 1139 (CHAPTER 575, AB 503)κ
department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.
(C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the Governor of the State of Nevada shall make such appointment. The member appointed pursuant to this paragraph may but is not required to be a resident of the region within the State of Nevada.
(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the Governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be deemed vacant if such member is absent from three consecutive meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, economic interests means:
(A) Any business entity operating in the region in which the member has a direct or indirect investment worth more than $1,000.
(B) Any real property located in the region in which the member has a direct or indirect interest worth more than $1,000.
(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member is a director, officer, partner, trustee, employee or holds any position of management.
No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has a financial interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
κ1979 Statutes of Nevada, Page 1140 (CHAPTER 575, AB 503)κ
upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) [The term of office of the members of the governing body shall be at the pleasure of the] Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date oftener than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date [,] and place and posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be two years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) [A majority] Four of the members of the governing body from each state [shall] constitute a quorum for the transaction of the business of the agency. [A majority vote of the members present representing each state shall be required to take action with respect to any matter. The] The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken. No variances from provisions of the regional plan or the implementing ordinances and regulations shall be granted except pursuant to procedures established by ordinance, and any such ordinance shall be enacted by the voting procedure described in this paragraph.
(2) For approving a project, the affirmative vote of at least four members from the state in which the project is located and the affirmative vote of at least eight members of the governing body are required.
κ1979 Statutes of Nevada, Page 1141 (CHAPTER 575, AB 503)κ
vote of at least eight members of the governing body are required. If at least four members of the governing body from the state in which the project is located and at least eight members of the entire governing body do not vote in favor of the project, upon a motion for approval an action of rejection shall be deemed to have been taken. Decisions by the agency shall be supported by findings.
(3) For routine business and for directing the agencys staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.
Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any proposal, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such proposal, within 180 days after such proposal is delivered to the agency in compliance with the agencys rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency. [, which shall consist of an equal number of members from each state.] The commission shall include: [but shall not be limited to:] the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of [the Counties of] Douglas [, Ormsby, and] County, Washoe County and Carson City in Nevada, [the Placer County Director of Sanitation, the El Dorado County Director of Sanitation, the county health officer of Douglas County or his designee, the county health officer of Washoe County or his designee,] the Chief of the Bureau of Environmental Health of the Health Division of the Department of [Health, Welfare and Rehabilitation] Human Resources of the State of Nevada, [or his designee,] the executive officer of the Lahontan Regional Water Quality Control Board [or his designee,] of the State of California, the executive officer of the [Tahoe Regional Planning Agency who shall act as chairman,] Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members [each] with an equal number from each state, at least half of whom shall be [a resident] residents of the region. Any official member may designate a substitute.
The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such event the appointing authority shall appoint a successor.
κ1979 Statutes of Nevada, Page 1142 (CHAPTER 575, AB 503)κ
shall be considered vacated upon loss of any of the qualifications required for appointment, and in such event the appointing authority shall appoint a successor.
The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission shall constitute a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the region [. The] , and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken. [Upon receipt of certified copies of the resolutions or notifications appointing the members of the governing body, the Secretary of State of each respective state shall notify the Governor of the state who shall, after consultation with the Governor of the other state, issue a concurrent call for the organization meeting of the governing body at a location determined jointly by the two governors.
(k) Each state may provide by law for the disclosure or elimination of conflicts of interest on the part of members of the governing body appointed from that state.]
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this [act] compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
κ1979 Statutes of Nevada, Page 1143 (CHAPTER 575, AB 503)κ
additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this [paragraph] subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this [paragraph.] subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within [60] 180 days after such request is [delivered to] accepted as complete according to standards which must be prescribed by ordinance of the agency.
[Tahoe Regional Plan]
(b) [Within 15 months after the formation of the agency, the planning commission shall recommend a regional plan. Within 18 months after the formation of the agency, the governing body shall adopt a regional plan. After adoption, the] The agency shall develop, in cooperation with the States of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the Presidents Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.
(c) Within one year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, implementation of the plan and all of its elements achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance.
κ1979 Statutes of Nevada, Page 1144 (CHAPTER 575, AB 503)κ
The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall be a single enforceable plan and include all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to [,] an indication or allocation of maximum population densities [.] and permitted uses.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to, freeways, parkways, highways, transportation facilities, transit routes, waterways, navigation and aviation aids and facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be to reduce dependency on the automobile by making better use of the existing transportation system, and where increases in capacity are required, the agency shall consider and give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph. The plan may provide for the establishment of a transit district in the region. If it so provides, the specific responsibility, jurisdiction, representation and revenue authority of the transit district shall be developed in the regional transportation planning process and be incorporated in the plan, and a representative designated by the Nevada department of highways (or transportation) and a representative designated by the California department of transportation shall be included as members of the board of commissioners of the transit district.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.
κ1979 Statutes of Nevada, Page 1145 (CHAPTER 575, AB 503)κ
and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.
[Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private individuals.
(c) All provisions of the Tahoe regional general plan shall be enforced by the agency and by the states, counties and cities in the region.
Tahoe Regional Interim Plan
(d) Within 60 days after the formation of the agency, the planning commission shall recommend a regional interim plan. Within 90 days after the formation of the agency, the governing body shall adopt a regional interim plan. The interim plan shall consist of statements of development policies, criteria and standards for planning and development, of plans or portions of plans, and projects and planning decisions, which the agency finds it necessary to adopt and administer on an interim basis in accordance with the substantive powers granted to it in this agreement.
(e)] (d) Prior to revision of the regional plan and adoption of ordinances by the agency as required by subdivision (c) of Article V, the regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever is strictest, in the respective portions of the region for which the standards are applicable.
The agency may, however, adopt at any time air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.
(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on January 1, 1979, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency.
κ1979 Statutes of Nevada, Page 1146 (CHAPTER 575, AB 503)κ
by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.
(f) The agency shall adopt ordinances prescribing specific written findings that the agency and the Nevada Tahoe regional planning agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.
(g) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, [and interim plan,] in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
[(f) All provisions of the interim plan shall be enforced by the agency and by the states, the counties, and cities.]
(h) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional [and interim plans.] plan. Every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the [basin,] region, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory. The regulations of the agency shall contain general, regional standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers [;] , harbors, breakwaters [;] or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the [interim plan or the general] regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the [interim or general] regional plan.
κ1979 Statutes of Nevada, Page 1147 (CHAPTER 575, AB 503)κ
The agency shall prescribe by ordinance those activities which it has determined will have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will not be exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the [interim plan or the] regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
[Interim regulations shall be adopted within 90 days from the formation of the agency and final regulations within 18 months after the formation of the agency.
Every plan, ordinance, rule, regulation or policy adopted by the agency shall recognize as a permitted and conforming use any business or recreational establishment which is required by law of the state in which it is located to be individually licensed by the state, if such business or establishment:
(1) Was so licensed on February 5, 1968, or was licensed for a limited season during any part of the calendar year immediately preceding February 5, 1968.
(2) Is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of such a business or establishment.]
(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved, except in accordance with a regional plan and ordinances meeting the requirements of this compact. The agency and the Nevada Tahoe regional planning agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (f) of Article V. Such findings shall be based on substantial evidence in the record.
Before adoption by the agency of the ordinances required in subdivision (f) of Article V, the agency and the Nevada Tahoe regional planning agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the States of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until January 1, 1982, whichever is earlier:
κ1979 Statutes of Nevada, Page 1148 (CHAPTER 575, AB 503)κ
the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until January 1, 1982, whichever is earlier:
(1) No new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles, except for the completion of the Loop Road in the States of Nevada and California.
(2) No building may be erected to house gaming under a nonrestricted license, except pursuant to a right vested before the effective date of the amendments to this compact. This paragraph does not apply to parking garages.
(3) Except as otherwise provided in this paragraph, no new subdivision may be approved unless a substantially complete tentative map has been filed with the appropriate local jurisdiction before the effective date of the amendments to this compact. The subdivision of land owned by a general improvement district may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(4) Except as otherwise provided in this paragraph, no apartment building may be erected unless a substantially complete application for a building permit was made to the appropriate local jurisdiction before the effective date of the amendments to this compact.
(5) No facility for the treatment of sewage may be constructed or enlarged except:
(A) To accommodate development which is not prohibited or limited by this subdivision; or
(B) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the National Pollution Discharge Elimination System.
(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The agency shall not permit the construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure.
(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.
The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979.
κ1979 Statutes of Nevada, Page 1149 (CHAPTER 575, AB 503)κ
to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume and land coverage existing or approved on May 4, 1979.
(f) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.
(g) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists.
(h) All ordinances, rules, regulations and policies adopted by the agency shall be enforced by the agency and by the respective states, counties [,] and cities. The appropriate courts of the respective states, each within its limits of territory and subject matter provided by state law, are vested with jurisdiction over civil actions to which the agency is a party and criminal actions for violations of its ordinances. [Each such action shall be brought in a court of the state where the violation is committed or where the property affected by a civil action is situated, unless the action is brought in a federal court.] This provision does not purport to deprive the federal courts of any jurisdiction otherwise provided by law. For this purpose, the agency shall be deemed a political subdivision of both the State of California and the State of Nevada.
[(c)] Legal actions arising out of this compact must be brought as follows:
(1) A civil or criminal action challenging an activity by the agency or any person, which is undertaken or to be undertaken upon a parcel of real property, shall be brought in the state or federal judicial district where the real property is situated. If the real property is situated in more than one such judicial district, such action shall be brought in the judicial district where the greater part of the real property is situated.
(2) If the action relates only to the validity or interpretation of this compact or of any ordinance, plan, rule or regulation adopted pursuant thereto, and does not relate to an activity upon specific real property, the action may be brought in any judicial district which includes a part of the region.
Any aggrieved person may file an action in the appropriate court of the State of California or Nevada or of the United States alleging noncompliance with any provision of this compact or of any plan or ordinance adopted thereunder. In the case of governmental agencies, aggrieved person means any federal, state or local government agency. In the case of any person other than a governmental agency, aggrieved person means any person who has appeared in person or through an authorized representative, or submitted his views in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance or submitting such a statement.
κ1979 Statutes of Nevada, Page 1150 (CHAPTER 575, AB 503)κ
authorized representative, or submitted his views in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance or submitting such a statement.
No restraining order or preliminary injunction may issue, based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto, except upon the giving of security by the applicant in a sum equal to the costs and damages which the court finds may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
A legal action arising out of or alleging violation of this compact shall be commenced within 60 days after final action by the agency. If no action by the agency is involved, such a legal action shall be filed within 60 days after discovery of the violation.
Notice of final action by the agency must be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
Judicial review must be conducted by the court without a jury and must be confined to the record and to issues substantially raised before the agency. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the person seeking judicial review have been prejudiced.
[Except as otherwise provided in paragraph (d), all] (i) All public works projects shall be reviewed prior to construction and approved, modified or rejected by the agency after a finding as to the projects compliance with the [adopted] regional [general] plan.
[(d)] (j) All plans, programs and proposals of the State of California or Nevada, or of its executive or administrative agencies, which may substantially affect [, or may specifically apply, to] the uses of land, water, air, space and other natural resources in the region, including but not limited to public works plans, programs and proposals concerning highway routing, design and construction, shall be referred to the agency for its review, as to conformity with the regional plan, [or interim plan,] and for report and recommendations by the agency to the executive head of the state agency concerned and to the Governor. [A public works project which is initiated and is to be constructed by a department of either state shall be submitted to the agency for review and recommendation, but may be constructed as proposed.
(e)] (k) The agency shall [police] monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the [general] regional plan and adopted ordinances, rules, regulations and policies. If it is found that the [general] regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
[(f) Violation of any ordinance of the agency is a misdemeanor.]
(l) Any person or governmental entity who willfully violates any provision of this compact is subject to the imposition by a court of competent jurisdiction of a civil fine not to exceed $100,000 for each offense.
κ1979 Statutes of Nevada, Page 1151 (CHAPTER 575, AB 503)κ
jurisdiction of a civil fine not to exceed $100,000 for each offense. In addition, any person or governmental entity who performs any development in willful violation of this compact, the regional plan or ordinances of the agency, or conditions of approval imposed by the agency is subject to the imposition by a court of competent jurisdiction of a civil fine not to exceed $5,000 for each day in which such violation persists. If the violation occurs in California, one-half the amount of any civil fine imposed shall be deposited in the state general fund and one-half shall be deposited in the county general fund of the county in which the violation occurs. If the violation occurs in Nevada, the entire amount of any civil fine imposed shall be deposited in the state permanent school fund.
[(g)] (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
[(h)] (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
[(i) Whenever a new city is formed within the region, the membership of the governing body shall be increased by two additional members, one appointed by, and who shall be a member of, the legislative body of the new city, and one appointed by the Governor of the state in which the city is not located. A member appointed by the Governor of California is subject to Senate confirmation.
(j)] (o) Every record of the agency, whether public or not, shall be open for examination to the [Legislative Analyst] Legislature and Controller of the State of California and the [Fiscal Analyst] legislative auditor of the State of Nevada.
[(k) Whenever under the provisions of this article or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any proposal, public or private, the agency shall take final action, whether to approve, to require modification or to reject such proposal, within 60 days after such proposal is delivered to the agency. If the agency does not take final action within 60 days, the proposal shall be deemed approved.]
(p) Approval by the agency or the Nevada Tahoe regional planning agency, as the case may be, of any project expires 3 years after the date of final action by either agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency or the Nevada Tahoe regional planning agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.
(q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
κ1979 Statutes of Nevada, Page 1152 (CHAPTER 575, AB 503)κ
known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency and the Nevada Tahoe regional planning agency when acting upon matters that affect the region shall:
(1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on mans environment;
(2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting standards of the region;
(E) The relationship between local short-term uses of mans environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the regions environment; and
(5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the agency or the Nevada Tahoe regional planning agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969.
κ1979 Statutes of Nevada, Page 1153 (CHAPTER 575, AB 503)κ
environmental impact report prepared pursuant to the California Environmental Quality Act or federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.
In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.
(d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency and the Nevada Tahoe regional planning agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or
(2) Specific public and private considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project. A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.
(e) The agency and the Nevada Tahoe regional planning agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency or commission in preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will have a significant effect on the environment and therefore will not be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will have a significant effect on the environment.
ARTICLE [VII] VIII. Finances
(a) [Except as provided in paragraph (e), on] On or before [December] September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion [not more than $150,000] $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. [Each county in California shall pay the sum allotted to it by the agency from any funds available therefor and may levy a tax on any taxable property within its boundaries sufficient to pay the amount so allocated to it. Each county in Nevada shall pay such sum from its general fund or from any other moneys available therefor.] In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor.
κ1979 Statutes of Nevada, Page 1154 (CHAPTER 575, AB 503)κ
addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the States of California and Nevada. Apportionment of the state funds must be two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by [it] them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursements.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds [.] ; but the agency may not own land except as provided in subdivision (i) of Article III.
(e) [As soon as possible after the ratification of this compact, the agency shall estimate the amount of money necessary to support its activities:
(1) For the remainder of the then-current fiscal year; and
(2) If the first estimate is made between January 1 and June 30, for the fiscal year beginning on July 1 of that calendar year.
The agency shall then allot such amount among the several counties, subject to the restriction and in the manner provided in paragraph (a), and each county shall pay such amount.
(f)] The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
ARTICLE [VIII.] IX. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in [paragraph] subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
κ1979 Statutes of Nevada, Page 1155 (CHAPTER 575, AB 503)κ
hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, [or] distribution or storage of interstate waters or upon any appropriative water right.
Sec. 2. NRS 277.205 and 277.230 are hereby repealed.
Sec. 3. Chapter 518, Statutes of Nevada 1977, entitled An Act relating to the Tahoe Regional Planning Agency; restricting certain gaming activities to certain places within the area under the control of the agency; providing changes in the composition of the agencys governing body; providing certain civil penalties; and providing other matters properly relating thereto, approved May 13, 1977, is hereby repealed, and chapter 502, Statutes of Nevada 1975, is not thereby revived.
Sec. 4. 1. The legislature of the State of Nevada finds that in order to make effective the regional plan as it is to be revised by the Tahoe Regional Planning Agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan.
2. From the effective date of the prohibition imposed by this section until the happening of one of the events provided in subsection 3 for its expiration, in that portion of the region defined in the Tahoe Regional Planning Compact which lies in the State of Nevada:
(a) No new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles, except for the completion of the Loop Road in the States of Nevada and California.
(b) No building may be erected to house gaming under a nonrestricted license, except pursuant to a right vested before the effective date of the prohibition imposed by this section. This paragraph does not apply to parking garages.
(c) Except as otherwise provided in this paragraph, no new subdivision may be approved unless a substantially complete tentative map has been filed with the appropriate local jurisdiction before the effective date of the prohibition imposed by this section. The subdivision of land owned by a general improvement district may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(d) Except as otherwise provided in this paragraph, no apartment building may be erected unless a substantially complete application for a building permit was made to the appropriate local jurisdiction before the effective date of the prohibition imposed by this section.
(e) No facility for the treatment of sewage may be constructed or enlarged except:
κ1979 Statutes of Nevada, Page 1156 (CHAPTER 575, AB 503)κ
(1) To accommodate development which is not prohibited or limited by this paragraph; or
(2) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the National Pollution Discharge Elimination System.
3. The prohibition imposed by this section:
(a) Becomes effective on the passage and approval of this act.
(b) Expires on:
(1) The date of ratification by Congress of the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act; or
(2) The expiration of 60 days after it becomes effective, unless on or before that date an equivalent or stricter provision is enacted applying to that portion of the region which lies in the State of California,
whichever date is earlier.
Sec. 5. The secretary of state shall transmit a certified copy of section 1 of this act to the governor of the State of California, and two certified copies of this entire act to the secretary of state of California for delivery to the respective houses of its legislature. The governor of this state, as soon as:
1. He is officially advised that the State of California has enacted the amendment to the Tahoe Regional Planning Compact set forth in section 1 of this act; and
2. The Congress of the United States has approved such amendment,
shall proclaim that the compact has been so amended.
Sec. 6. 1. This section and sections 3, 4 and 5 of this act shall become effective upon passage and approval.
2. Sections 1 and 2 of this act shall become effective upon proclamation by the governor of this state of the enactment of the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act by the State of California and their approval by the Congress of the United States.
________
Assembly Bill No. 723Assemblymen Mello and Jeffrey
CHAPTER 576
AN ACT relating to insurance; increasing certain fees collected by the commissioner of insurance; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served shall pay to the commissioner, fees, licenses and miscellaneous charges as follows:
1. Insurers certificate of authority:
κ1979 Statutes of Nevada, Page 1157 (CHAPTER 576, AB 723)κ
(a) Issuance, and each annual continuation:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive $100
(2) For two or more kinds of insurance as so defined....................................... 200
(b) Reinstatement (NRS 680A.180), 50 percent of the annual continuation fee otherwise required.
(c) Registration of additional title (NRS 680A.240).................................................... 25
Annual renewal................................................................................................................. 25
2. Charter documents (other than those filed with application for certificate of authority). Filing amendments to articles of incorporation, charter, bylaws, power of attorney (as to reciprocal insurers), and other constituent documents of the insurer, each document $10
3. Annual statement of insurer. For filing annual statement................................ $25
4. Service of process:
(a) Filing of power of attorney...................................................................................... $5
(b) Acceptance of service of process............................................................................ 5
5. Agents licenses and appointments:
(a) Application for original resident agents license and issuance of license, if issued [$5] $15
(b) Appointment of resident agent:
(1) Each insurer........................................................................................................... 2
(2) Annual continuation of appointment, each insurer......................................... 2
(c) Temporary license....................................................................................................... 3
(d) Limited license (NRS 683A.260), each insurer, each year..................................... 2
(e) Nonresident agents:
(1) Nonresident agents license, other than as specified in paragraph (f), application and issuance, if issued...................................................................................... 25
(2) Appointment of such agent, each insurer....................................................... 25
(3) Annual continuation of appointment, each insurer....................................... 25
(f) Nonresident agents license qualifying under subsection 3 of NRS 683A.340; same as for resident agent license under paragraphs (a) and (b).
6. Brokers:
(a) Resident brokers license:
(1) Application for original resident brokers license and issuance of license, if issued $25
(2) Annual continuation.......................................................................................... 25
(b) Nonresident brokers license:
(1) Nonresident brokers license (other than as specified in paragraph (c) below), application for original license and issuance, if issued.................................... 75
(2) Annual continuation.......................................................................................... 75
(c) Nonresident brokers license, qualifying under subsection 4 of NRS 683A.340; same as for resident brokers license under paragraph (a).
(d) Surplus lines brokers license:
κ1979 Statutes of Nevada, Page 1158 (CHAPTER 576, AB 723)κ
(1) Surplus lines brokers license, application and issuance, if issued........ $10
(2) Annual continuation........................................................................................ 10
7. Solicitors:
(a) Application for original license and issuance of license, if issued.............. $2
(b) Annual continuation...................................................................................... 2
8. Managing general agents. Annual continuation, each insurer....................... $5
9. Adjusters:
(a) Adjusters license:
(1) Application for original adjusters license and issuance of license, if issued [$10] $15
(2) Annual continuation of license.......................................................... [10] 15
(b) Associate adjusters license:
(1) Associate adjusters license (NRS 684A.030), application and issuance of license, if issued........................................................................................................... $5
(2) Annual continuation...................................................................................... 5
10. Motor vehicle physical damage appraisers:
(a) Application for original license and issuance of license, if issued............ $10
(b) Annual continuation of license........................................................................ 10
11. Life insurance analysts:
(a) Application for original license and issuance of license, if issued............ $25
(b) Annual continuation of license........................................................................ 25
12. Examination for license:
(a) Filing application for each examination, other than life insurance analyst, each kind of insurance.................................................................................................... [$10] $15
(b) Life insurance analysts, filing application, each examination...................... 25
13. Additional title, property insurers (NRS 680A.240):
(a) Original registration.......................................................................................... $25
(b) Annual continuation of registration................................................................ 25
14. Insurance vending machines:
(a) Filing application for license and issuance, if issued, each machine........ $20
(b) Annual continuation of license, each machine............................................ $20
15. Securities solicitation permit:
(a) Application for permit..................................................................................... $100
(b) Extension of permit............................................................................................. 50
16. Securities salesman, domestic insurers:
(a) Filing application for license and issuance, if issued.................................. $10
(b) Annual continuation of license........................................................................ 10
17. Rating organizations:
(a) Filing application for license and issuance, if issued................................ $100
(b) Annual continuation of license...................................................................... 100
18. Life and health insurance administrator:
κ1979 Statutes of Nevada, Page 1159 (CHAPTER 576, AB 723)κ
(a) Filing application for registration and certificate, if issued................... $25
(b) Annual continuation of certificate............................................................. 25
19. Insurance laws, each copy, not less than cost.
20. Certified copy of insurer certificate of authority or of any license issued under this code $2
21. Copies of other documents on file in the division:
A reasonable charge as fixed by the commissioner; and for certifying and affixing official seal $1
22. Letter of clearance as to agent or broker................................................. $2
23. Certificate of license status, agent or broker.......................................... $2
________
Senate Bill No. 130Committee on Judiciary
CHAPTER 577
AN ACT relating to corporations; providing appraisal rights to holders of a specified proportion of outstanding shares before a consolidation of shares; prescribing the required notice to stockholders; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Stockholders holding, in the aggregate, 15 percent or more of the outstanding shares of a corporation organized under the provisions of this chapter have the right to demand an appraisal of the fair cash value of the shares if a reduction of the number of the outstanding shares of the corporation is to be accomplished by the payment of cash to persons otherwise entitled to become holders of fractions of shares. This demand must be made at or before the meeting at which the reduction is approved, or before or with the consent to act without a meeting.
Sec. 3. 1. A proposal to reduce the number of outstanding shares of a corporation organized under the provisions of this chapter must not be adopted unless there is first mailed to all stockholders of record:
(a) A notice of the meeting or request for consent to act without a meeting, which must contain the details of the proposed reduction of shares;
(b) An offer to reproduce and deliver a list containing the names and addresses of all current stockholders of record to any stockholder who requests that list and pays the actual costs of reproduction and postage; and
(c) A statement of the rights of the holders of 15 percent or more of the outstanding shares to demand an appraisal.
2. If a corporation plans to reduce the number of outstanding shares and a demand for an appraisal is made pursuant to the provisions of section 2 of this act, the procedure for appraisal prescribed in NRS 78.510 and 78.515 applies.
κ1979 Statutes of Nevada, Page 1160 (CHAPTER 577, SB 130)κ
and a demand for an appraisal is made pursuant to the provisions of section 2 of this act, the procedure for appraisal prescribed in NRS 78.510 and 78.515 applies.
Sec. 4. NRS 78.205 is hereby amended to read as follows:
78.205 1. A corporation [shall not be] is not obliged to but may execute and deliver a certificate for or including a fraction of a share.
2. In lieu of executing and delivering a certificate for a fraction of a share, a corporation may:
(a) Pay to any person otherwise entitled to become a holder of a fraction of a share:
(a) The appraised value of that share if the appraisal was properly demanded; or
(b) If no appraisal was demanded or an appraisal was not properly demanded, an amount in cash specified for [such] that purpose as the value [thereof] of the fraction in the articles, plan of reorganization, agreement of consolidation, resolution of the board of directors, or other instrument pursuant to which [such] the fractional share would otherwise be issued, or, if not specified, [therein,] then as may be determined for [such] that purpose by the board of directors of the issuing corporation; or
(b) Execute and deliver registered or bearer scrip over the manual or facsimile signature of an officer of the corporation or of its agent for that purpose, exchangeable as [therein] provided on the scrip for full share certificates, but [such scrip shall] the scrip does not entitle the holder to any rights as a stockholder except as [therein] provided [. Such] on the scrip. The scrip may provide that it [shall become] becomes void unless the rights of the holders are exercised within a specified period and may contain any other provisions or conditions that the corporation [shall deem] deems advisable. Whenever any [such scrip shall cease] scrip ceases to be exchangeable for full share certificates, the shares that would otherwise have been issuable as [therein provided shall be] provided on the scrip are deemed to be treasury shares unless the scrip [shall contain other provision] contain other provisions for their disposition.
________
Senate Bill No. 357Senator Jacobsen
CHAPTER 578
AN ACT making an appropriation from the state general fund to the division of forestry of the state department of conservation and natural resources to provide aid in the management of the Marlette-Hobart watershed; reserving related water rights; and providing other matters properly relating thereto.
[Approved May 28, 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 division of forestry of the state department of conservation and natural resources the sum of $100,460 to provide aid in the management of the Marlette-Hobart watershed.
κ1979 Statutes of Nevada, Page 1161 (CHAPTER 578, SB 357)κ
and natural resources the sum of $100,460 to provide aid in the management of the Marlette-Hobart watershed.
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. 2. NRS 533.060 is hereby amended to read as follows:
533.060 1. Rights to the use of water shall be limited and restricted to so much thereof as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. All the balance of the water not so appropriated shall be allowed to flow in the natural stream from which such ditch draws its supply of water, and shall not be considered as having been appropriated thereby.
2. [In case] Except as otherwise provided in subsection 4, if the owner or owners of any such ditch, canal, reservoir, or any other means of diverting any of the public water [shall] fail to use the water therefrom or thereby for beneficial purposes for which the right of use exists during any 5 successive years, the right to so use shall be deemed as having been abandoned, and any such owner or owners [shall] thereupon forfeit all water rights, easements and privileges appurtenant thereto theretofore acquired, and all the water so formerly appropriated by such owner or owners and their predecessors in interest may be again appropriated for beneficial use the same as if such ditch, canal, reservoir or other means of diversion had never been constructed, and any qualified person may appropriate any such water for beneficial use.
3. No prescriptive right to the use of such water or any of the public water appropriated or unappropriated can be acquired by adverse user or adverse possession for any period of time whatsoever, but any such right to appropriate any of such water shall be initiated by first making application to the state engineer for a permit to appropriate the same as provided in this chapter and not otherwise.
4. The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. No such right may be appropriated by any person without the express consent of the legislature.
Sec. 3. Any right acquired or purportedly acquired by Carson City to appropriate or divert water within the watersheds of Marlette Lake, Franktown Creek, Hobart Creek or Lake Tahoe before the effective date of this act is hereby transferred from Carson City to the State of Nevada.
Sec. 4. This section and sections 2 and 3 of this act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 1162κ
Senate Bill No. 407Senator Blakemore
CHAPTER 579
AN ACT relating to the public school system; shortening the time period required for notice of adoption, repeal or amendment of certain policies and regulations of boards of trustees of certain school districts; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 386.365 is hereby amended to read as follows:
386.365 1. Except as provided in subsection 3, each board of trustees in any county having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall give [30] 15 days notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice [shall:] must:
(a) Include a description of the subject or subjects involved and [shall] state the time and place of the meeting at which the matter will be considered by the board; and
(b) Be mailed to the following persons from each of the schools affected:
(1) The principal;
(2) The president of the parent-teacher association or similar body; and
(3) The president of the classroom teachers organization or other collective bargaining agent.
A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, [shall] must be made available for inspection by the public in the office of the superintendent of schools of the school district at least [30] 15 days before its adoption.
2. All persons interested in a proposed policy or regulation or change in a policy or regulation [shall] must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.
3. Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.
4. This section applies to policies and regulations concerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, except as provided in chapter 391 of NRS.
Sec. 2. Section 97 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 1163 (CHAPTER 579, SB 407)κ
Sec. 97. NRS 386.365 is hereby amended to read as follows:
386.365 1. Except as provided in subsection 3, each board of trustees in any county having a population of 100,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce] shall give 15 days notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice must:
(a) Include a description of the subject or subjects involved and state the time and place of the meeting at which the matter will be considered by the board; and
(b) Be mailed to the following persons from each of the schools affected:
(1) The principal;
(2) The president of the parent-teacher association or similar body; and
(3) The president of the classroom teachers organization or other collective bargaining agent.
A copy of the notice and of the terms of each proposed policy or regulation or change in a policy or regulation must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 15 days before its adoption.
2. All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.
3. Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.
4. This section applies to policies concerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, except as provided in chapter 391 of NRS.
________
κ1979 Statutes of Nevada, Page 1164κ
Senate Bill No. 429Senators McCorkle, Don Ashworth, Close, Faiss, Neal, Kosinski, Blakemore, Wilson, Echols, Lamb, Jacobsen, Gibson, Hernstadt, Ford, Glaser and Keith Ashworth
CHAPTER 580
AN ACT relating to traffic laws; requiring blood or urine tests for persons suspected of driving under the influence of a controlled substance whether or not the smell of alcohol is present; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as provided in subsections 4 and 5, any person who drives a vehicle upon a highway in this state shall be deemed to have given his consent to a chemical test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such test is administered at the direction of a police officer having reasonable grounds to believe that [such] the person to be tested was driving a vehicle while under the influence of intoxicating liquor or a controlled substance and after [such person] he was arrested for any offense allegedly committed while [such person] he was driving a vehicle under the influence of intoxicating liquor or a controlled substance.
2. [Such person shall] The person arrested must be informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
3. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not [such] the person is informed that his failure to submit to [such] the test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to his section.
5. Where the alcoholic content of the defendants blood is in issue, a person may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test, and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath test. Where [there is no noticeable odor of alcohol emanating from the body of a person and] the presence of a controlled substance in [such persons] the blood of the person arrested is in issue, [such person] he may refuse to submit to a blood test if means are reasonably available to perform a urine test [. Such person] , but he may not submit to a breath test in lieu of submitting to a blood or urine test.
6. If a person under arrest refuses to submit to a required chemical test as directed by a police officer under this section, the police officer shall submit to the department of motor vehicles within 10 days a sworn written statement that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to the test upon the officers request.
κ1979 Statutes of Nevada, Page 1165 (CHAPTER 580, SB 429)κ
person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to the test upon the officers request.
________
Senate Bill No. 469Committee on Government Affairs
CHAPTER 581
AN ACT relating to responsibilities concerning fires; allowing fire departments to recover certain costs of fighting fires on property owned by the state; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 475 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any fire department which engages in fighting a fire on property owned by the state within the jurisdictional limits of the fire department may submit a claim to the secretary of the state board of examiners to recover any direct expenses and losses incurred as a result of fighting that fire.
2. The claim must include:
(a) The name, address and jurisdictional limits of the fire department;
(b) The name, address and telephone number of the person making the claim on behalf of the fire department;
(c) The name and address, if known, of the state agency having jurisdiction over the property on which the fire occurred;
(d) The exact location of the fire;
(e) A description of the property burned;
(f) The number and classification of the personnel and the number and type of equipment used to fight the fire;
(g) A copy of the fire report; and
(h) An itemized list of direct expenses and losses incurred while fighting the fire including the purchase cost, estimated cost of repairs and a statement of depreciated value immediately preceding and subsequent to the damage to or destruction of any equipment and the extent of any insurance coverage.
3. As used in this section, direct expenses and losses means certain expenses and losses which were incurred while fighting a fire on property owned by the state. The term is limited to:
(a) The depreciated value, if any, of any equipment or vehicle which was damaged or destroyed; and
(b) If the employer maintains a plan which supplements workmens compensation coverage provided by the Nevada industrial commission and the benefits are provided from public money and not by an insurer, any injury or death benefits which would have been paid by the employer from public money.
κ1979 Statutes of Nevada, Page 1166 (CHAPTER 581, SB 469)κ
Sec. 3. 1. The state board of examiners may submit a copy of the claim to the state fire marshal for review. The state fire marshal shall make his recommendations to the state board of examiners who shall make a final determination of the disposition of the claim.
2. All claims approved by the state board of examiners must be paid as other claims against the state are paid.
Sec. 4. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the money in the fund must be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.0337, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262, [and] 412.154 [;] and section 3 of this act; and
(b) The payment of claims which are obligations of the state under NRS 7.125, 176.223, 177.345, 179.225, 213.153 and subsection 4 of NRS 361.055, but such claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.
Sec. 5. Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 472Committee on Government Affairs
CHAPTER 582
AN ACT relating to certain unincorporated towns; providing requirements for appointment of town advisory boards; requiring the amendment of certain ordinances; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, and this section must provide for:
1. Appointment by the board of county commissioners of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board without compensation.
2. Terms for members of the town advisory board, which must expire on the first Monday in January of each odd-numbered year.
3. Removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.
κ1979 Statutes of Nevada, Page 1167 (CHAPTER 582, SB 472)κ
4. The duties of the town advisory board, which are to:
(a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.
Sec. 2. NRS 269.545 is hereby amended to read as follows:
269.545 1. The initiative petition presented to the board or the question placed on the ballot, as provided in NRS 269.540, [shall] must contain a statement substantially as follows:
The undersigned declare their purpose to be the support of the concept of unincorporated town government, that they desire hereby to make provision for the supplying of one or more of the town services enumerated in NRS 269.575 and that they acknowledge the fact that the supplying of such service or services will require a special tax levy, the establishment of a user fee schedule or a combination of both.
2. The boundaries of such area sought to be brought within an unincorporated town area [shall] must be clearly designated and declared. The area encompassed [shall] must be contiguous.
3. The petition shall state whether the town advisory board is to be composed of three members or five members. [, and shall also state the proposed method of selection and terms of office for such members.]
Sec. 3. NRS 269.550 is hereby amended to read as follows:
269.550 1. [Notwithstanding any other provision of law, if] If the petition presented to the board contains the requisite number of signatures pursuant to subsection 1 of NRS 269.540 and otherwise meets the requirements provided in NRS 269.545, the board [shall,] may, by ordinance, proceed with the formation of the unincorporated town. The ordinance shall contain a clear designation of the boundaries, a listing of services to be provided [,] and the number of members to be on the town advisory board. [, the method of their selection and their terms of office.]
2. If the petition presented to the board contains the requisite number of signatures pursuant to subsection 2 of NRS 269.540, the board [shall,] may, by resolution adopted at a regular meeting, provide for submission of the question of the formation of an unincorporated town to the registered voters residing within the boundaries of the area proposed for such town, at a special election or at the next succeeding general election. As a part of the question there [shall] must be included the statement that an affirmative vote carries with it the assent to be taxed for the service or services indicated in the boards resolution.
Sec. 4. NRS 269.560 is hereby amended to read as follows:
269.560 If a majority of the registered voters residing within the boundaries of the proposed unincorporated town and voting on the question in the special or general election as provided in subsection 2 of NRS 269.550 or in NRS 269.555 approve the question, the board shall by ordinance proceed with the formation of such unincorporated town. The ordinance [shall] must contain a clear designation of the boundaries, a listing of the services to be provided [,] and the number of members to be on the town advisory board.
κ1979 Statutes of Nevada, Page 1168 (CHAPTER 582, SB 472)κ
of members to be on the town advisory board. [, the method of their selection and their terms of office.]
Sec. 5. NRS 269.565 is hereby amended to read as follows:
269.565 1. [Notwithstanding any other provision of law, the] The boards of county commissioners of the various counties in this state may enact ordinances to provide for and regulate the formation of unincorporated towns [in the event] if specific unincorporated county areas are directed by federal or state law to administer one or more of the services enumerated in subsection 2.
2. The services to be provided include but are not limited to solid waste disposal and compliance with federal water or air quality standards.
3. Any such ordinance [shall] must contain a clear designation of the boundaries of the unincorporated town, a listing of services to be provided [,] and the number of members to be on the town advisory board. [, the method of their selection and their terms of office.]
Sec. 6. NRS 269.570 is hereby amended to read as follows:
269.570 The board of county commissioners may amend any ordinance providing for the formation of an unincorporated town to adjust [one or more of the following:
1. The] the list of services to be provided.
[2. The method of selection of members of the town advisory board.
3. The terms of office of the members of the town advisory board.]
Sec. 7. NRS 269.623 is hereby amended to read as follows:
269.623 The board of county commissioners in any county to which the Unincorporated Town Government Law applies may [, upon request of the town boards involved,] adopt ordinances to:
1. Amend the boundaries of any unincorporated town; or
2. [Merge] Upon request of the respective town boards, merge two or more unincorporated towns.
Such ordinances may be adopted whether or not the unincorporated town was created under the provisions of the Unincorporated Town Government Law.
Sec. 8. NRS 269.625 is hereby amended to read as follows:
269.625 An unincorporated town [formed] operating pursuant to the provisions of the Unincorporated Town Government Law may be dissolved by resolution of the board of county commissioners following a public hearing at which residents of [such] the town are given an opportunity to speak. The resolution [shall] must specify the reasons for the dissolution.
Sec. 9. A member of a town advisory board who was serving on June 30, 1979, may serve until the expiration of the term to which he was appointed unless he is removed before that time. A member who is appointed or reappointed on or after July 1, 1979, may serve until the term to which he is appointed expires pursuant to section 1 of this act.
Sec. 10. The board of county commissioners shall amend any ordinance pertaining to an unincorporated town in a county in which the Unincorporated Town Government Law applies which does not conform to the Unincorporated Town Government Law, to conform to that law, on or before December 31, 1979.
________
κ1979 Statutes of Nevada, Page 1169κ
Senate Bill No. 551Committee on Government Affairs
CHAPTER 583
AN ACT relating to licensing; prohibiting the denial of licenses for liquor and gaming solely for lack of citizenship; and providing other matters properly relating thereto.
[Approved May 28, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 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 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.
5. The liquor board shall not deny a license to a person solely because he is not a citizen of the United States.
Sec. 1.5. Section 7 of Senate Bill 396 of the 60th session of the Nevada legislature is hereby amended to read as follows:
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.
κ1979 Statutes of Nevada, Page 1170 (CHAPTER 583, SB 551)κ
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.
5. The liquor board shall not deny a license to a person solely because he is not a citizen of the United States.
Sec. 2. NRS 268.090 is hereby amended to read as follows:
268.090 1. In addition to any authority or power now provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is hereby granted to each of the cities incorporated under any law of [the State of Nevada] this state the power and authority to fix, impose and collect a license tax on, and regulate the sale of, beer, wines or other beverages now or hereafter authorized to be sold by act of Congress.
2. An incorporated city shall not deny a license to a person solely because he is not a citizen of the United States.
Sec. 3. NRS 463.180 is hereby amended to read as follows:
463.180 [No person shall be] 1. A person is not qualified to hold any county license unless he is the holder of a valid state license and unless he meets such other qualifications as may be imposed by any valid county ordinance.
2. A county shall not deny a gaming license, finding of suitability or approval to a person solely because he is not a citizen of the United States.
κ1979 Statutes of Nevada, Page 1171 (CHAPTER 583, SB 551)κ
Sec. 4. NRS 463.190 is hereby amended to read as follows:
463.190 [No person shall be] 1. A person is not permitted to engage in gaming operations in any city or town, or unincorporated city or town, in this state, unless he has in force valid state and county licenses, as well as any licenses required by [such] the city or town, or by [such] the unincorporated city or town.
2. A city or town or unincorporated city or town shall not deny a gaming license, finding of suitability or approval to a person solely because he is not a citizen of the United States.
________
Senate Bill No. 27Committee on Judiciary
CHAPTER 584
AN ACT relating to civil proceedings; abolishing the cause of action for criminal conversation; changing the cause of action for seduction; limiting the duration of a writ of execution; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 12.070 is hereby amended to read as follows:
12.070 [The father and mother jointly, or the father or the mother, without preference to either, may prosecute as plaintiff for the seduction of the daughter who, at the time of her seduction, is under the age of majority; and the guardian, for the seduction of the ward who, at the time of her seduction, is under the age of majority, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction, or afterwards, and there be no loss of service.] Either of the parents or the guardian of a male or female minor child under the age of 16 years may, on behalf of that child, bring an action for the seduction of that child, against a person 3 or more years older than the child. The parent or guardian, as plaintiff, need not show that the child was living with him or was in his service at the time of the seduction or later, or that the parent or guardian suffered a loss of service.
Sec. 2. NRS 41.370 is hereby amended to read as follows:
41.370 The remedies [heretofore] provided by law for the enforcement of actions based upon alleged alienation of affections and breach of contract to marry [,] before March 5, 1943, and for alleged criminal conversation before July 1, 1979, having been subjected to grave abuses, caused extreme annoyance, embarrassment, humiliation and pecuniary damage to many persons wholly innocent and free of any wrongdoing, who were merely the victims of circumstances, and having been exercised by unscrupulous persons for their unjust enrichment, and having furnished vehicles for the commission or attempted commission of crime and in many cases having resulted in the perpetration of frauds, it is hereby declared as the public policy of the state that the best interests of the people of this state will be served by the abolition thereof.
κ1979 Statutes of Nevada, Page 1172 (CHAPTER 584, SB 27)κ
interests of the people of this state will be served by the abolition thereof. Consequently, in the public interest, the necessity for the enactment of NRS 41.370 to 41.420, inclusive, is hereby declared as a matter of legislative determination.
Sec. 3. NRS 41.380 is hereby amended to read as follows:
41.380 All civil causes of action for breach of promise to marry, [and] alienation of affections, and criminal conversation, are hereby abolished; but his section [shall not abolish any such cause of action which accrued prior to March 5, 1943.] does not abolish any cause of action for criminal conversation which accrued before July 1, 1979.
Sec. 4. NRS 41.390 is hereby amended to read as follows:
41.390 1. All [such] causes of action for criminal conversation which have accrued [prior to March 5, 1943, shall] before July 1, 1979, must be commenced within 60 days after [March 5, 1943.] July 1, 1979.
2. [All actions to recover a sum of money for a breach of contract to marry existing on March 5, 1943, shall be commenced within 60 days after the cause of action has accrued.
3.] All such actions not so commenced [shall be thereafter completely and] are thereafter forever barred.
Sec. 5. NRS 41.400 is hereby amended to read as follows:
41.400 [After March 5, 1943, no] No act done within this state [shall operate] operates to give rise, either within or without this state, to any of the rights of action abolished by NRS 41.370 to 41.420, inclusive. No contract to marry made or entered into in this state [after March 5, 1943, shall operate] operates to give rise, either within or without this state, to any cause or right of action for the breach thereof, [nor shall any] and no contract to marry, made in any other state, [give] gives rise to any cause of action within this state for the breach thereof.
Sec. 6. NRS 41.410 is hereby amended to read as follows:
41.410 After [March 5, 1943, it shall be] July 1, 1979, it is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed, in any court of this state, any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by NRS 41.370 to 41.420, inclusive, whether such cause of action arose within or without this state.
Sec. 6.5. NRS 21.010 is hereby amended to read as follows:
21.010 As prescribed in this chapter, the party in whose favor judgment is given may, at any time within 6 years after the entry thereof, [issue] obtain the issuance of a writ of execution for its enforcement. The writ ceases to be effective 6 years after entry of the judgment.
Sec. 7. NRS 12.060 is hereby repealed.
________
κ1979 Statutes of Nevada, Page 1173κ
Senate Bill No. 47Senator Glaser
CHAPTER 585
AN ACT relating to public roads; requiring notice and a public hearing before any designation, reclassification or abandonment of a public road; creating a new class of minor county roads; recognizing public roads by prescriptive use, and granting a cause of action to prevent denial of public use thereof; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 403 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county highway commissioners shall post signs on each road which it has designated a minor county road, advising travelers on that road that the road receives only minimum maintenance and that the traveler should proceed with caution.
2. The county road supervisor shall inspect each sign at least once each year to ensure that it is in place and legible. The county road supervisor shall make necessary repairs to each sign or replace it when any person notifies him or he otherwise becomes aware that a sign is missing or in need of repair.
Sec. 2. NRS 403.170 is hereby amended to read as follows:
403.170 1. [On or before September 1, 1913, the] The board of county highway commissioners of each of the several counties of the State of Nevada shall:
(a) Lay out and designate which of the roads, generally termed public highways, are the most important to the people of the whole county and over which there is the greatest amount of general public travel [. Such roads shall be termed and designated] and shall designate these roads as main county roads.
(b) Lay out and designate [the] other roads of the county over which there is general public travel, and which are generally termed county roads, and [these shall be termed and designated] shall designate these roads as general county roads.
(c) Lay out and designate other roads which are neither main nor general county roads but have been established by usage, or constructed and are maintained to provide for use by the public for vehicles with four or more wheels and shall designate these roads as minor county roads. When applied to a minor county road, maintain does not mean annual maintenance. This section does not require any standard of maintenance for minor county roads.
2. The board of county highway commissioners may, from time to time, reclassify the roads and may lay out new roads of [either] any class, or the board may change or abandon any roads termed as public highways.
3. The designation of a new road as a main county road, as a general county road or as a minor county road, or the reclassification of any road, or the abandonment of any road does not become effective until after a public hearing is held at which parties in interest and citizens have an opportunity to be heard.
κ1979 Statutes of Nevada, Page 1174 (CHAPTER 585, SB 47)κ
an opportunity to be heard. At least 10 days notice of the time and place of the hearing must be published in a newspaper of general circulation in the county.
Sec. 3. NRS 403.190 is hereby amended to read as follows:
403.190 1. Upon laying out and designating the county roads as required in NRS 403.170, the board of county highway commissioners shall cause a map of the county to be made, showing the county roads and their designations. [One] The board shall file one copy of the map [shall be filed] with the clerk of the board of county highway commissioners, one copy with the department of highways, one copy [shall be filed] with the county clerk [,] and one copy [shall be filed] with the county recorder.
2. When any road [shall have] has been designated by the board of county highway commissioners as a standard county road, as provided in NRS 403.180, [such designation shall] that designation must be made on the copies of the map on file with the clerk of the board of county highway commissioners, the county clerk, the department of highways and the county recorder.
Sec. 4. Chapter 405 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 7, inclusive, of this act.
Sec. 5. As used in sections 6 and 7 of this act, public road includes in addition to a United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency:
1. Any way which exists upon a right of way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932), and accepted by general public use and enjoyment before or after July 1, 1979. Each board of county commissioners may locate and determine the width of such rights of way and locate, open for public use and establish thereon county roads or highways.
2. Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.
Sec. 6. No public agency is required to maintain any public road which is so designated only because it meets the requirements set forth in subsection 1 or 2 of section 5 of this act nor is any public agency required to accept any public road as a main, general or minor county road.
Sec. 7. The governing body of any political subdivision affected by a public road which meets the requirements of section 5 of this act may bring an action in the district court of the county in which the public road lies to prevent any person, including a public agency, from denying public use of that road.
Sec. 8. NRS 503.175 is hereby amended to read as follows:
503.175 It is unlawful for any person to discharge a firearm from, upon, over or across any federal highway, state highway as described in NRS 408.285, or main or general county road as designated in NRS 403.170.
κ1979 Statutes of Nevada, Page 1175 (CHAPTER 585, SB 47)κ
upon, over or across any federal highway, state highway as described in NRS 408.285, or main or general county road as designated in NRS 403.170.
Sec. 9. NRS 503.580 is hereby amended to read as follows:
503.580 1. For the purposes of this section, public road or highway means:
(a) [Highways] A highway designated as a United States [highways.] highway.
(b) [Highways] A highway designated as a state [highways] highway pursuant to the provisions of NRS 408.285.
(c) [County roads] A main or general county road as defined by NRS 403.170.
2. It is unlawful for any person, company or corporation to place or set any steel trap, used for the purpose of trapping animals, larger than a No. 1 Newhouse trap, within 200 feet of any public road or highway within this state.
3. This section [shall not be construed so as to] does not prevent the placing or setting of any steel trap inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.
________
Senate Bill No. 75Committee on Commerce and Labor
CHAPTER 586
AN ACT relating to insurance; requiring that optional coverage for treatment for the abuse of alcohol be provided in group insurance policies; creating a temporary advisory task force; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. An advisory task force, consisting of five members, is hereby created.
2. The governor shall appoint:
(a) One member who is a representative of the insurance division of the department of commerce.
(b) One member who is a representative of the bureau.
(c) One member who is a representative of the health insurance industry.
(d) One member who is a representative of the general public.
3. The legislative commission shall appoint one member who is a legislator.
Sec. 3. The task force shall:
1. Review the procedures employed by the bureau for certifying persons, accrediting programs and licensing facilities, and recommend any necessary changes to the bureau.
κ1979 Statutes of Nevada, Page 1176 (CHAPTER 586, SB 75)κ
persons, accrediting programs and licensing facilities, and recommend any necessary changes to the bureau.
2. Advise the insurance division on carrying out the provisions of law relating to insurance coverage for treatment of the abuse of alcohol.
3. Advise the 1981 session of the legislature on appropriate maximum levels of benefits and methods of determining future benefit levels for insurance coverage for treatment of the abuse of alcohol.
Sec. 4. Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The benefits provided by individual health insurance policies, as required by subsection 9 of NRS 689A.030, for treatment of the abuse of alcohol must consist of:
(a) If the policies provide inpatient benefits, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.
(b) If the policies provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.
(c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.
2. An insured is entitled to:
(a) Two courses of treatment, as described in subsection 1; and
(b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,
during his lifetime.
3. The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.
4. Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.
Sec. 5. NRS 689A.030 is hereby amended to read as follows:
689A.030 [No] A policy of health insurance shall not be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:
1. The entire money and other considerations therefor shall be expressed therein;
2. The time when the insurance takes effect and terminates shall be expressed therein;
3. It shall purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policyholder, any two or more eligible members of that family, including the husband, wife, dependent children, from the time of birth as provided in NRS 689A.043, or any children under a specified age which shall not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policyholder;
κ1979 Statutes of Nevada, Page 1177 (CHAPTER 586, SB 75)κ
4. The style, arrangement and overall appearance of the policy shall give no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-face type of a style in general use, the size of which shall be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points (the text shall include all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions);
5. The exceptions and reductions of indemnity shall be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, shall be printed, at the insurers option, either included with the benefit provision to which they apply, or under an appropriate caption such as Exceptions, or Exceptions and Reductions, except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies;
6. Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; [and]
7. The policy shall contain no provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the commissioner [.] ;
8. The policy shall provide benefits for expense arising from home health care or health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007 [.] ; and
9. The policy shall provide, at the option of the applicant, benefits for expenses incurred for the treatment of alcohol and drug abuse as provided in section 4 of this act and NRS 689A.047.
Sec. 6. NRS 689A.047 is hereby amended to read as follows:
689A.047 The annual benefits provided by individual health insurance policies, as required by subsection 9 of NRS 689A.030, for the treatment of [alcohol and] drug abuse shall consist of:
1. If the policies [are basic policies,] provide inpatient benefits, room and board in a hospital for a period not to exceed 10 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during [such] that period.
2. If the policies [are basic policies,] provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a period of not more than 30 days with a maximum benefit of $1,000.
3. If the policies [are] provide major medical [policies,] coverage, outpatient treatment in a facility described in subsection 2 for a period of not more than 180 days with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to subsection 2, treatment under this subsection must commence within 7 days after the completion of [such] the inpatient treatment.
κ1979 Statutes of Nevada, Page 1178 (CHAPTER 586, SB 75)κ
under this subsection must commence within 7 days after the completion of [such] the inpatient treatment.
Sec. 7. Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The benefits provided by group health insurance policies, as required in subsection 6 of NRS 689B.030, for treatment of the abuse of alcohol must consist of:
(a) If the policies provide inpatient benefits, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.
(b) If the policies provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.
(c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.
2. An insured is entitled to:
(a) Two courses of treatment, as described in subsection 1; and
(b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,
during his lifetime.
3. The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.
4. Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.
Sec. 8. NRS 689B.030 is hereby amended to read as follows:
689B.030 Each such group health insurance policy shall contain in substance the following provisions:
1. A provision that, in the absence of fraud, all statements made by applicants or the policyholders or by an insured person shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance shall void such insurance or reduce benefits unless contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to such policyholder or to such person or his beneficiary.
2. A provision that the insurer will furnish to the policyholder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of such employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family unit.
3. A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.
4. A provision for benefits for expense arising from home health care or health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.
κ1979 Statutes of Nevada, Page 1179 (CHAPTER 586, SB 75)κ
care or health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.
5. A provision for benefits, at the option of the applicant, payable for expenses incurred for the treatment of [alcohol and] drug abuse, as provided in NRS 689B.037.
6. A provision for benefits, at the option of the applicant, payable for expenses incurred for the treatment of the abuse of alcohol, as provided in section 7 of this act.
Sec. 9. NRS 689B.037 is hereby amended to read as follows:
689B.037 The annual benefits provided by group health insurance policies, as required by subsection 5 of NRS 689B.030, for the treatment of [alcohol and] drug abuse shall consist of:
1. If the policies [are basic policies,] provide inpatient benefits, room and board in a hospital for a period not to exceed 10 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during [such] that period.
2. If the policies [are basic policies,] provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007 or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025 for a period of not more than 30 days with a maximum benefit of $1,000.
3. If the policies [are] provide major medical [policies,] coverage, outpatient treatment in a facility described in subsection 2 for a period of not more than 180 days with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to subsection 2, treatment under this subsection must commence within 7 days after the completion of [such] the inpatient treatment.
Sec. 10. Chapter 695B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The annual benefits provided by health insurance policies issued by a medical service corporation, as required by subsection 9 of NRS 695B.180, for treatment of the abuse of alcohol must consist of:
(a) If the policies provide inpatient care, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.
(b) If the policies provide inpatient care, inpatient treatment in a health and care facility, as defined in NRS 449.007, on in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.
(c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.
2. An insured is entitled to:
(a) Two courses of treatment, as described in subsection 1; and
κ1979 Statutes of Nevada, Page 1180 (CHAPTER 586, SB 75)κ
(b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,
during his lifetime.
3. The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.
4. Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.
Sec. 11. NRS 695B.180 is hereby amended to read as follows:
695B.180 [No] A contract for hospital, medical or dental [service contract shall] services shall not be entered into between a corporation proposing to furnish or provide any one or more of the services authorized under this chapter and a subscriber:
1. Unless the entire consideration therefor is expressed in the contract.
2. Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.
3. If the contract purports to entitle more than one person to benefits or services, except for family [hospital or medical or dental service] contracts issued under NRS 695B.190, group [hospital, medical or dental service] contracts issued under NRS 695B.200, and blanket contracts issued under NRS 695B.220.
4. Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.
5. Except for group [hospital or group medical or dental service] contracts and blanket contracts issued under NRS 695B.220, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.
6. Except for group [hospital or group medical or dental service] contracts and blanket contracts issued under NRS 695B.230, unless, if any portion of such contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement incurred under ordinary circumstances, such portion is printed in boldface type and with greater prominence than any other text of the contract.
7. If the contract contains any provisions purporting to make any portion of the charter, constitution or bylaws of such nonprofit corporation a part of the contract unless [such] that portion is set forth in full in the contract.
8. Unless the policy provides, at the option of the subscriber, services for treatment of [alcohol and] drug abuse as provided in NRS 695B.195.
9. A provision for benefits, at the option of the applicant, payable for expenses incurred for the treatment of the abuse of alcohol, as provided in section 10 of this act.
10. Unless [such] the contract for hospital service contains in blackface type, not less than 10 points, the following provisions:
κ1979 Statutes of Nevada, Page 1181 (CHAPTER 586, SB 75)κ
Nothing contained in this contract shall in any manner restrict or interfere with the right of any individual entitled to hospital service and care hereunder to select the contracting hospital or to make a free choice of his attending physician, who shall be the holder of a valid and unrevoked physicians and surgeons license and who is a member of, or acceptable to, the attending staff and board of directors of the hospital in which such hospital services are to be provided and rendered.
Sec. 12. NRS 695B.195 is hereby amended to read as follows:
695B.195 The annual benefits provided by all individual and group service or indemnity-type contracts issued by a nonprofit corporation, as required by subsection 8 of NRS 695B.180, for the treatment of [alcohol and] drug abuse shall consist of:
1. If the policies [are basic policies,] provide inpatient benefits, room and board in a hospital for a period not to exceed 10 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during [such] that period.
2. If the policies [are basic policies,] provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a period of not more than 30 days with a maximum benefit of $1,000.
3. If the policies [are] provide major medical [policies,] coverage, outpatient treatment in a facility described in subsection 2 for a period of not more than 180 days with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to subsection 2, treatment under this subsection must commence within 7 days after the completion of [such] the inpatient treatment.
Sec. 13. Chapter 695C of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The benefits provided by health maintenance plans for treatment of the abuse of alcohol as required by subparagraph (6) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:
(a) If the policies provide inpatient care, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.
(b) If the policies provide inpatient care, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.
(c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.
2. An insured is entitled to:
κ1979 Statutes of Nevada, Page 1182 (CHAPTER 586, SB 75)κ
(a) Two courses of treatment, as described in subsection 1; and
(b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,
during his lifetime.
3. The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.
4. Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.
Sec. 14. NRS 695C.170 is hereby amended to read as follows:
695C.170 1. Every enrollee residing in this state is entitled to evidence of coverage under a health care plan. If the enrollee obtains coverage under a health care plan through an insurance policy, whether by option or otherwise, the insurer shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage.
2. [No evidence] Evidence of coverage or amendment thereto shall not be issued or delivered to any person in this state until a copy of the form of the evidence of coverage or amendment thereto has been filed with and approved by the commissioner.
3. An evidence of coverage shall contain:
(a) No provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, which encourage misrepresentation or which are untrue, misleading or deceptive as defined in subsection 1 of NRS 695C.300; and
(b) A clear and complete statement, if a contract, or a reasonably complete summary if a certificate, of:
(1) The health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health care plan;
(2) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature;
(3) Where and in what manner the services may be obtained;
(4) The total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay; and
(5) A provision for benefits, at the option of the enrollee, for services for the treatment of [alcohol and] drug abuse, as provided in NRS 695C.175.
(6) A provision for benefits, at the option of the applicant, payable for expenses incurred for the treatment of the abuse of alcohol, as provided in section 13 of this act.
Any subsequent change may be evidenced in a separate document issued to the enrollee.
4. A copy of the form of the evidence of coverage to be used in this state and any amendment thereto shall be subject to the filing and approval requirements of subsection 2 unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance in which event the filing and approval provisions of such laws apply. To the extent however that such provisions do not apply to the requirements in subsection 3, such provisions are amended to incorporate the requirements of subsection 3 in approving or disapproving an evidence of coverage required by subsection 2.
κ1979 Statutes of Nevada, Page 1183 (CHAPTER 586, SB 75)κ
subsection 3, such provisions are amended to incorporate the requirements of subsection 3 in approving or disapproving an evidence of coverage required by subsection 2.
Sec. 15. NRS 695C.175 is hereby amended to read as follows:
695C.175 The annual benefits provided by all individual and group health care plans, as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, for the treatment of [alcohol and] drug abuse shall consist of:
1. If the policies [are basic policies,] provide inpatient benefits, room and board in a hospital for a period not to exceed 10 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during [such] that period.
2. If the policies [are basic policies,] provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007 or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025 for a period of not more than 30 days with a maximum benefit of $1,000.
3. If the policies [are] provide major medical [policies,] coverage, outpatient treatment in a facility described in subsection 2 for a period of not more than 180 days with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to subsection 2, treatment under this subsection must commence within 7 days after the completion of [such] the inpatient treatment.
Sec. 16. Sections 2 and 3 of this act shall expire on July 1, 1981.
________
Senate Bill No. 123Senator Glaser
CHAPTER 587
AN ACT making an appropriation to the department of economic development to assist in developing industry and tourism throughout the state; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the department of economic development the sum of $475,000 to be used as follows, subject to the provisions of section 2 of this act:
1. For industrial development within Clark and Washoe counties:
For the fiscal year 1979-80, $162,500; and
For the fiscal year 1980-81, $162,500,
prorated for each fiscal year between the counties on the basis of their populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1979 Statutes of Nevada, Page 1184 (CHAPTER 587, SB 123)κ
Applications for grants in aid pursuant to this subsection must be submitted before January 1 of the fiscal year to which the grant applies. If after all applications have been acted upon, money remains available from the total amount appropriated for the fiscal year, the remainder is subject to reallocation between he counties eligible under this subsection.
2. For the development of tourism and industry in the remainder of the state,
For the fiscal year 1979-80, $75,000; and
For the fiscal year 1980-81, $75,000.
The money appropriated by this subsection must be distributed as grants in aid, in proportion to the populations of the counties as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce. The money may be distributed to a recognized local organization which is engaged in projects, advertising or promotion of economic development upon application by resolution of the board of county commissioners of the county in which the organization operates. Applications for grants in aid pursuant to this subsection must be submitted before January 1 of the fiscal year to which the grant applies. If, after all applications have been acted upon, money remains available from the total amount appropriated for the fiscal year, the remainder is subject to reallocation among the counties eligible under this subsection.
Sec. 2. No money may be distributed for a local project pursuant to section 1 of this act unless it is matched as follows:
1. For the first two-thirds of the amount for which a county is eligible, an equal amount must be provided from local sources.
2. For the last one-third of the amount for which a county is eligible, twice the amount must be provided from local sources.
Sec. 3. 1. After June 30, 1980, the unencumbered balance of the amounts allocated in section 1 of this act for the fiscal year 1979-80 may not be encumbered and must revert to the state general fund.
2. After June 30, 1981, the unencumbered balance of the amounts allocated in section 1 of this act for the fiscal year 1980-81 may not be encumbered and must revert to the state general fund.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 127Committee on Government Affairs
CHAPTER 588
AN ACT relating to the housing division of the department of commerce; enlarging its powers and duties; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
κ1979 Statutes of Nevada, Page 1185 (CHAPTER 588, SB 127)κ
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses may not be paid under the provisions of NRS 281.160.
(b) There shall be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave [.] ; or
(6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. Each contract for the services of an independent contractor must be in writing. The form of the contract [shall] must be first approved by the attorney general, and, except as provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners.
6. Except as provided in subsection 7, and excepting contracts entered into by the University of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners. The state board of examiners shall adopt regulations to carry out the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of highways for any work of construction or reconstruction of highways.
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings.
(c) Contracts executed by the housing division of the department of commerce.
(d) Contracts executed with [companies, corporations or groups of natural persons] business entities for any work of maintenance or repair of office machines and equipment.
Sec. 2. Chapter 319 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The division, with the approval of the state board of finance:
1. May acquire land from any governmental agency;
κ1979 Statutes of Nevada, Page 1186 (CHAPTER 588, SB 127)κ
2. Shall sell the land for the purpose of development of housing for persons of low or moderate income pursuant to this chapter; and
3. Shall charge a price for the land which is equal to its cost of acquiring and transferring the land.
Sec. 3. NRS 319.030 is hereby amended to read as follows:
319.030 As used in this chapter, the words and terms defined in NRS 319.040 to [319.130, inclusive,] 319.135, inclusive, have the meanings ascribed to them in those sections.
Sec. 3.5. NRS 319.060 is hereby amended to read as follows:
319.060 Eligible family means a person or family, selected without regard to race, creed, national origin or sex, determined by the division to require such assistance as is made available by this chapter on account of insufficient personal or family income after taking into consideration, without limitation, such factors as:
1. The amount of the total income of [such] that person or family available for housing needs;
2. The size of the family;
3. The cost and condition of housing facilities available;
4. The ability of the person or family to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing; and
5. If appropriate, standards established for various federal programs determining eligibility based on income of [such] those persons and families.
6. Service in the Armed Forces of the United States with a minimum of 90 days on active duty at some time between:
(a) April 21, 1898, and June 15, 1903;
(b) April 6, 1917, and November 11, 1918;
(c) December 7, 1941, and December 31, 1946;
(d) June 25, 1950, and January 31, 1955; or
(e) January 1, 1961, and May 7, 1975,
and at least 2 years continuous residence in Nevada immediately preceding any application for a loan under this chapter.
Sec. 4. NRS 319.080 is hereby amended to read as follows:
319.080 Insured mortgage means a mortgage loan for residential housing insured or guaranteed by private mortgage insurance or by the United States or a governmental agency or instrumentality thereof.
Sec. 5. NRS 319.140 is hereby amended to read as follows:
319.140 1. The division shall administer the provisions of this chapter. The administrator may adopt, amend or rescind regulations, consistent with the provisions of this chapter, appropriate to carry out its purposes.
2. The administrator may make copies of all proceedings and other records and documents of the division and issue certificates under the seal of the division to the effect that [such] the copies are true copies, and all persons dealing with the division may rely upon such certificates.
3. The division may employ or contract for the services of attorneys, accountants, financial experts and [such] any other advisers, employees, consultants and agents as the administrator may determine to be necessary.
4. Before September 1 of each even-numbered year the division shall submit a report of its activities for the biennium ending June 30 of that year to the governor, state treasurer and the legislature.
κ1979 Statutes of Nevada, Page 1187 (CHAPTER 588, SB 127)κ
shall submit a report of its activities for the biennium ending June 30 of that year to the governor, state treasurer and the legislature. Each such report shall set forth a complete operating and financial statement of the division during such biennium. The division shall cause an audit of its books and accounts to be made at least once in each fiscal year by [the legislative auditor or] a certified public accountant. [approved by him.] The certified public accountant may audit the divisions books and accounts for consecutive audit periods as requested by the division.
Sec. 6. NRS 319.180 is hereby amended to read as follows:
319.180 The division may, in connection with any property of which it is the mortgagee: [but not otherwise:]
1. Acquire or contract to acquire real or personal property, or any interest therein, on a temporary or permanent basis in its own name by gift, purchase, transfer, foreclosure, lease or otherwise, including rights or easements in property;
2. Hold, sell, assign, lease, encumber, mortgage or otherwise dispose of any real or personal property or any interest therein;
3. Hold, sell, assign or otherwise dispose of any mortgage interest owned by it or under its control, custody or in its possession;
4. Release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, including any equity or right of redemption in property foreclosed by it; and
5. Make any such disposition by private sale, with or without public bidding.
Sec. 7. NRS 319.230 is hereby amended to read as follows:
319.230 1. The division may:
(a) Make loans to lending institutions under terms and conditions requiring the proceeds [thereof] of the loans to be used by [such] the lending institutions for the making of new mortgage loans for residential housing;
(b) Purchase securities from lending institutions under terms and conditions requiring that [such] the securities finance mortgage loans for residential housing;
(c) Require that loans to or securities purchased from lending institutions [shall] be additionally secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts and consisting of such obligations, securities, and mortgage loans as the administrator determines to be necessary to assure the payment of [such] the loans or securities purchased and the interest [thereon as the same] on them as they become due.
2. The division may require in the case of any [or all lending institutions] lending institution that any required collateral be lodged with a bank or trust company, located either within or outside the state, designated by the division as custodian therefor. In the absence of [such] this requirement, a lending institution shall, if collateral is to be provided for the loan or securities purchased, upon receipt of the proceeds from the division, enter into an agreement with the division containing [such provisions as] any provisions the division deems necessary to identify adequately and maintain and service [such] the collateral and providing that [such] the lending institution shall hold [such] the collateral as trustee for the benefit of the division and shall be held accountable as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of [such] the agreement.
κ1979 Statutes of Nevada, Page 1188 (CHAPTER 588, SB 127)κ
of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of [such] the agreement. A copy of [each such] the agreement and any of its revisions or supplements, [thereto,] which revisions or supplements may add to, delete from, or substitute items of collateral pledged by [such] the agreement, [shall] must be filed with the secretary of state. [Such] The filing shall be deemed to perfect the security interest of the division in the collateral and no filing, recording, possession or other action required under any other law of this state is necessary, and the lien and trust for the benefit of the division so created [shall be] is binding from the time made against all parties having any prior unperfected claim or claims of any kind in tort, contract or otherwise or any subsequent security interests against [such] the lending institution. The division may also establish [such] any additional requirements [as] the administrator deems necessary with respect to the pledging, assigning, setting aside or holding of [such] the collateral and the making of substitutions [therefor] for it or additions [thereto] to it and the disposition of income and receipts [therefrom.] from it.
3. The division may collect, enforce the collection of and foreclose on any collateral securing its loan to or purchase of securities from lending institutions and acquire or take possession of [such] the collateral and sell the collateral at public or private sale, with or without public bidding, and otherwise deal with [such] the collateral as may be necessary to protect the interest of the division [therein,] in it, all subject to any agreement with bondholders or noteholders.
Sec. 8. NRS 319.270 is hereby amended to read as follows:
319.270 1. Subject to the limitation imposed by subsections 4 and 5, the division may issue from time to time its negotiable notes and bonds in such principal amount as the administrator determines to be necessary to provide sufficient funds for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure [such] the notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.
2. Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the division are special obligations of the division payable out of any revenues, [moneys] money or other assets of the division pledged thereto.
3. In issuing [such] the notes and bonds, the division acts as an agency or instrumentality of the State of Nevada.
4. Before any notes or bonds may be issued pursuant to this section, except those issued for the purpose of refunding outstanding notes or bonds, the administrator shall submit a copy of his finding of the conditions prerequisite to the financing of residential housing under this chapter to the state board of finance. If that board approves, the division may proceed to issue its notes or bonds in the amount approved, subject to the further limitation of subsection 5.
5. The aggregate principal amount of outstanding bonds, notes and other obligations of the division [shall] must not exceed [$200,000,000] $500,000,000, of which $100,000,000 must be allocated to veterans who qualify for loans under this chapter, exclusive of any bonds, notes or obligations which have been refunded.
κ1979 Statutes of Nevada, Page 1189 (CHAPTER 588, SB 127)κ
qualify for loans under this chapter, exclusive of any bonds, notes or obligations which have been refunded. The establishment of this debt limitation [shall not be construed to] does not prohibit the division from issuing additional bonds, notes or other obligations if the debt limitation is subsequently increased.
Sec. 9. NRS 319.280 is hereby amended to read as follows:
319.280 1. The notes and bonds [shall] must be signed by the administrator, who may use a facsimile signature for this purpose, [shall bear such] must bear the date or dates and [shall] must mature at such time or times as the administrator may determine, except that no bond may mature more than [40] 45 years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds [shall] must bear interest at such rate or rates, be in such denominations, have such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places within or without the state, and be subject to such terms of redemption as the administrator may determine. The notes and bonds of the division may be sold by the division at public or private sale at such price or prices as the administrator determines.
2. If the administrator whose signature appears on any notes or bonds or coupons ceases to act in that capacity before the delivery of [such] the notes or bonds, his signature is valid and sufficient for all purposes as if he had remained in office until [such] their delivery.
3. The provisions of chapter 349 of NRS do not apply to any bonds, notes or other obligations issued by the division under the provisions of this chapter.
Sec. 10. NRS 319.330 is hereby amended to read as follows:
319.330 1. The division may issue refunding obligations to refund any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of [such] the obligations and for any statutory purpose of the division. The issuance of [such] the obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the division in respect to them are governed by the provisions of this chapter which relate to the issuance of original obligations insofar as appropriate.
2. Refunding obligations issued as provided in this section may be sold or exchanged for outstanding obligations issued under this chapter and, if they are sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of [such] the outstanding obligations. Pending the application of the proceeds of [any such] the refunding obligations, with any other available funds, to the purpose for which they are issued, [such] the proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America, or obligations of any agency or instrumentality of the United States, [or obligations of or guaranteed by the State of Nevada,] which mature or which are subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
κ1979 Statutes of Nevada, Page 1190 (CHAPTER 588, SB 127)κ
holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
Sec. 11. NRS 319.350 is hereby amended to read as follows:
319.350 The division shall not at any time issue bonds, secured in whole or in part by a bond reserve fund, if upon the issuance of those bonds, the amount in that bond reserve fund will be less than the bond reserve fund requirement for that fund, unless the division at the time of issuance of [such] those bonds deposits in that fund from the proceeds of the bonds issued, or from other sources, an amount which, together with the amount then in that fund, will not be less than the bond reserve fund requirement for that fund. The bond reserve fund requirement, as of any particular date of computation, is an amount of money, specified in the proceedings of the division authorizing the bonds with respect to which [such] the fund is established, [equal to not more than the greatest of the respective amounts, for the current or any future fiscal year of the division, of annual debt service on the bonds of the division secured in whole or in part by such fund. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all interest and principal payable on such bonds during the fiscal year, calculated on the assumption that all such bonds are paid at maturity, or if any amount of such bonds is required to be redeemed on any earlier date by operation of a sinking fund, then on the assumption that such amount of bonds is redeemed on such earlier date and that such amount is considered principal payable on such bonds during the year they are to be redeemed.] necessary to provide adequate reserves for debt service on the bonds.
Sec. 12. 1. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.
2. All other sections of this act shall become effective upon passage and approval.
________
Senate Bill No. 154Senator Neal
CHAPTER 589
AN ACT relating to arrests; providing that if an arrested person is not brought before a magistrate within 72 hours after arrest, the prosecuting attorney may explain the delay and the magistrate may release the person if he determines the delay was unnecessary; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.178 is hereby amended to read as follows:
171.178 1. Except as provided in subsections [4 and 5,] 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
κ1979 Statutes of Nevada, Page 1191 (CHAPTER 589, SB 154)κ
delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. A private person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada or deliver the arrested person to a peace officer.
3. If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate:
(a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and
(b) May release the arrested person if he determines that the person was not brought before a magistrate without unnecessary delay.
4. When a person arrested without a warrant is brought before a magistrate, a complaint [shall] must be filed forthwith.
[4.] 5. Except as provided in NRS 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, he [shall] must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
[5.] 6. A peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 159Committee on Human Resources and Facilities
CHAPTER 590
AN ACT relating to public health; requiring license for the manufacture or processing of drugs, devices or cosmetics; imposing fees; providing a penalty; increasing the penalty for certain violations of the Nevada Food, Drug and Cosmetic Act; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 585 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commissioner shall adopt regulations for the licensing of every person who manufactures, compounds, processes or packages drugs, devices or cosmetics in a factory, warehouse, laboratory or other location in this state. The regulations must set forth the requirements for issuance and renewal of a license.
κ1979 Statutes of Nevada, Page 1192 (CHAPTER 590, SB 159)κ
for issuance and renewal of a license. Only a person who complies with the requirements of this chapter is entitled to a license. A license is not transferable from person to person or from place to place. The regulations must prescribe the length of term for which a license is issued and must set forth grounds and procedures for the revocation, suspension or nonrenewal of a license.
2. A valid license is required for the manufacturing, compounding, processing or packaging of drugs, devices or cosmetics in any factory, warehouse, laboratory or other location in this state. Licensed pharmacies compounding or packaging prescriptions are exempt from this provision.
3. The commissioner shall establish and collect fees for the purpose of paying the costs of inspecting, testing and other functions required under the provisions of this chapter with respect to any drug, device or cosmetic. Failure to pay any fee imposed pursuant to this subsection is a ground for revocation, suspension or nonrenewal of a license. All such fees collected by the commissioner must be deposited with the state treasurer for credit to the state general fund.
4. As a condition for entertaining the application of any applicant for any license authorized under this chapter, and as a further condition for the issuance of any such license, the commissioner or his authorized agent is entitled to free access at all reasonable hours to any factory, warehouse or other location in which drugs, devices or cosmetics are manufactured, compounded, processed or packaged or held for introduction into commerce, and may enter any vehicle being used to transport or hold such drugs, devices or cosmetics in commerce, for the purposes of:
(a) Inspecting the factory, warehouse, other location or vehicle to determine whether any of the provisions of this chapter is being violated; and
(b) Securing samples or specimens of any drug, device or cosmetic after paying or offering to pay therefor.
5. The commissioner shall make, or cause to be made, examinations of samples and specimens secured under the provisions of this section to determine whether any of the provisions of this chapter is being violated.
Sec. 2. NRS 585.240 is hereby amended to read as follows:
585.240 1. The commissioner or his duly authorized agent [shall have] is entitled to free access at all reasonable hours to any factory, warehouse or establishment in which foods [, drugs, devices or cosmetics] are manufactured, processed, packed, or held for introduction into commerce, or may enter any vehicle being used to transport or hold such foods [, drugs, devices or cosmetics] in commerce, for the purpose [:] of:
(a) [Of inspecting] Inspecting such factory, warehouse, establishment or vehicle to determine [if] whether any of the provisions of this chapter [are] is being violated; and
(b) [Of securing] Securing samples or specimens of any food [, drug, device or cosmetic] after paying or offering to pay for such sample.
2. The commissioner shall make, or cause to be made, examinations of samples secured under the provisions of this section to determine whether [or not] any provision of this chapter is being violated.
κ1979 Statutes of Nevada, Page 1193 (CHAPTER 590, SB 159)κ
of samples secured under the provisions of this section to determine whether [or not] any provision of this chapter is being violated.
Sec. 3. NRS 585.495 is hereby amended to read as follows:
585.495 1. The state board of health shall license amygdalin (laetrile) and procaine hydrochloride with preservatives and stabilizers (Gerovital H3) for manufacture in this state. Such licensing [does not constitute] is not a representation that either substance has any therapeutic effect.
2. The commissioner shall:
(a) Adopt regulations which prescribe minimum standards for manufacturers in preparing, compounding, processing and packaging each substance.
(b) Make periodic tests and inspections of both the facilities for manufacture and samples of the substances to ascertain the purity, quality and identity of the substance and to determine that the substance meets the standards prescribed pursuant to paragraph (a).
(c) [Establish and collect fees from the licensee for the purpose of paying the costs of the inspections, testing and other functions required to carry out the provisions of this section.
(d)] Before acting upon an application for a license, collect the fees necessary to pay the cost of investigating the applicant. A license shall not be issued until the applicant has paid all actual costs for the initial testing, inspection, investigation and hearings.
[(e) Deposit all such fees with the state treasurer for credit to the state general fund.]
3. The commissioner may, after notice and hearing, revoke, suspend or refuse to renew the license of any person who:
(a) Fails to maintain the standards required by paragraph (b) of subsection 2.
(b) Violates any regulation adopted by the commissioner.
(c) Fails to pay any assessment prescribed in paragraph (c) [or (d)] of subsection 2 within a reasonable time.
4. The attorney general shall, at the request of the commissioner, seek injunctive relief for any violation of the regulations adopted by the commissioner.
5. There is hereby imposed upon the gross receipts of a manufacturer from the sale of each substance licensed for manufacture pursuant to this section an assessment of 10 percent, payable quarterly to the department of taxation. The Nevada tax commission shall prescribe by regulation appropriate forms for reporting such gross receipts, and shall when appropriate recompute the assessment and collect any deficiency in the manner provided for taxes required to be paid pursuant to Title 32 of NRS. Each manufacturer shall report his sales and pay the assessment during the months of January, April, July and October for the respective preceding calendar quarters.
Sec. 4. NRS 585.520 is hereby amended to read as follows:
585.520 The following acts and the causing thereof within the State of Nevada are hereby prohibited:
1. The manufacture, sale or delivery, holding or offering for sale of any food, drug, device or cosmetic that is adulterated or misbranded.
κ1979 Statutes of Nevada, Page 1194 (CHAPTER 590, SB 159)κ
2. The adulteration or misbranding of any food, drug, device or cosmetic.
3. The sale, delivery for sale, holding for sale or offering for sale of any article in violation of NRS 585.490.
4. The dissemination of any false advertisement.
5. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by NRS 585.240 [.] or section 1 of this act.
6. The giving of a guaranty or undertaking, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the State of Nevada from whom he received in good faith the food, drug, device or cosmetic.
7. The removal or disposal of a detained or embargoed article in violation of NRS 585.250.
8. The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of or the doing of any other act with respect to a food, drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded.
Sec. 5. NRS 585.550 is hereby amended to read as follows:
585.550 [Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.] 1. Any person who manufactures, compounds, processes or packages any drug in a factory, warehouse, laboratory or other location in this state without a license required by section 1 of this act shall be punished by imprisonment in the state prison for not more than 6 years and may be further punished by a fine of not more than $10,000, or by both such fine and imprisonment.
2. Any person who violates any other provision of this chapter is guilty of a gross misdemeanor.
________
Senate Bill No. 172Committee on Commerce and Labor
CHAPTER 591
AN ACT relating to dispensing opticians; providing for special certification of persons who fit contact lenses; providing for an application fee for registering apprentices and for increases in certain other fees; repealing certain grounds for suspension or revocation of a license; removing criminal penalties for certain acts; providing for injunctions; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 637.020 is hereby amended to read as follows:
637.020 In this chapter, unless the context otherwise requires:
1. [Apprentice dispensing optician means a person receiving practical training and experience in ophthalmic dispensing in accordance with regulations established by the board.
2.] Board means the board of dispensing opticians.
κ1979 Statutes of Nevada, Page 1195 (CHAPTER 591, SB 172)κ
[3.] 2. Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
[4. Licensed physician, surgeon or optometrist means a person licensed by the respective state board having jurisdiction thereof.
5.] 3. Ophthalmic dispensing means the [practice of filling prescriptions of licensed physicians, surgeons or optometrists, and includes the taking of facial measurements, fitting and adjustment of lenses or frames, duplication of lenses, and the measurement, fitting or adaptation of contact lenses to the human eye under the direction and supervision of a physician or surgeon.
6.] design, verification and delivery to the intended wearer of lenses, frames and other specially fabricated optical devices upon prescription. The term includes:
(a) The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;
(b) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear;
(c) The verification of the quality of finished ophthalmic products;
(d) The adjustment of lenses or frames to the intended wearers face or eyes; and
(e) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices.
4. Person means a natural person.
5. Prescriber means a physician or optometrist authorized to examine eyes and prescribe therapeutic or corrective lenses.
6. Prescription means a direction from a licensed prescriber to prepare therapeutic or corrective lenses.
7. Supervision means the provision of individual direction, control, inspection and evaluation of work.
Sec. 2. NRS 637.030 is hereby amended to read as follows:
637.030 1. The board of dispensing opticians, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Four members who have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.
(b) One member who is a representative of the general public.
3. The governor, after hearing, may remove any member for cause.
4. The [members who are representatives] member who is the representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
Sec. 3. NRS 637.050 is hereby amended to read as follows:
637.050 1. The principal office of the board [shall be in Carson City, Nevada,] is the place of business or employment of the secretary of the board, but it may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, and may meet or conduct any of its business at any place in the state.
2. The board shall meet at least once annually, at which time candidates applying for [certification] licensing shall be examined and their qualifications determined.
κ1979 Statutes of Nevada, Page 1196 (CHAPTER 591, SB 172)κ
3. In addition to the meeting required by subsection 2, the board may hold such other meetings as it may deem advisable. The time and place of all such meetings shall be determined by the board.
Sec. 4. NRS 637.080 is hereby amended to read as follows:
637.080 Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall submit to the attorney general a written report. The report [shall] must include:
1. The names of all [ophthalmic dispensers] dispensing opticians to whom licenses have been granted as provided in this chapter.
2. Any cases heard and decisions rendered by the board.
3. The recommendations of the board as to future policies.
Each member of the board shall review and sign the report before it is submitted to the attorney general.
Sec. 5. NRS 637.090 is hereby amended to read as follows:
637.090 [No person shall] A person shall not engage in the practice of [dispensing optician, nor shall any person] ophthalmic dispensing or manage a business engaged in ophthalmic dispensing [,] without first securing a [certificate] license issued as provided by this chapter.
Sec. 6. 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,] licensing as a dispensing optician, must furnish proof that he:
1. Is at least 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] 3 years full-time employment in an optical establishment where prescriptions for [optical glasses] spectacles or contact lenses from given formulae [have been] are filled, and has acquired experience in [the production and reproduction of ophthalmic lenses and mounting the lenses to supporting materials, and 1 year of] optical technology and has had 1 year of experience in ophthalmic dispensing [experience] under the direct supervision of a licensed [ophthalmic dispenser] dispensing optician 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] which offers a degree of associate in applied science for studies in ophthalmic dispensing and has had 1 year of ophthalmic experience under the [direct] supervision of a licensed [ophthalmic dispenser] dispensing optician or licensed optometrist.
Sec. 7. NRS 637.110 is hereby amended to read as follows:
637.110 1. An application [shall] must be accompanied by a [registration fee of $50.] fee of not more than $100 to cover the cost of the examination and the initial licensing.
2. The board shall, [in the event] if it approves an application, examine the applicant in ophthalmic dispensing. The board may [, at its discretion,] waive the examination of an applicant who is, at the time of application, licensed as [an ophthalmic dispenser] a dispensing optician in another state.
κ1979 Statutes of Nevada, Page 1197 (CHAPTER 591, SB 172)κ
of application, licensed as [an ophthalmic dispenser] a dispensing optician in another state.
3. The board shall grade the examination papers returned by the candidates and shall keep the examination papers of applicants obtaining a grade of less than 75 percent for at least 1 year.
4. Any unsuccessful candidate may, upon written request to the board, see his graded examination paper.
Sec. 8. NRS 637.120 is hereby amended to read as follows:
637.120 An applicant successfully completing the examination shall be registered by the board and shall be issued a [certificate] license as a dispensing optician. The [certificate] license [shall authorize] authorizes the applicant to engage in the practice of ophthalmic dispensing, and [shall] must at all times be conspicuously displayed at the holders place of practice. [of the holder thereof. The certificate shall not be transferrable as to] The license is not transferable by the holder. A separate entry on the license is required before the holder may fit contact lenses.
Sec. 9. NRS 637.125 is hereby amended to read as follows:
637.125 1. A licensed dispensing optician may employ any person to [engage in the business] perform the services of a dispensing optician if [such] the person is registered with the board and issued a permit to serve as an apprentice dispensing optician.
2. A licensed dispensing optician shall:
(a) Supervise all work done by an apprentice dispensing optician.
(b) Be in attendance, except for brief absences, whenever an apprentice dispensing optician is engaged in ophthalmic dispensing.
(c) Post the permit of the apprentice dispensing optician in a conspicuous place where the apprentice works.
3. A licensed dispensing optician may not have under his supervision more than two apprentice dispensing opticians at any one time.
4. The board may require an application fee of not more than $15 for registration of an apprentice dispensing optician.
5. A licensed dispensing optician may employ persons to assist in consulting on optical fashions and in making optical repairs, and these persons need not register as apprentices.
Sec. 10. NRS 637.130 is hereby amended to read as follows:
637.130 1. A person engaged in the wholesale distribution to dispensing opticians or optometrists of lenses, frames, optical supplies, optometric appliances, services or kindred products [shall] must not be issued a [certificate] license as a dispensing optician, but [nothing in] this section [shall be deemed to] does not apply to a dispensing optician engaged in such wholesale distribution on March 21, 1951.
2. For the purposes of this section, the grinding or edging of lenses, the assembling of frames or parts thereof, or the insertion of or mounting of lenses in frames [shall] is not [be construed as] ophthalmic dispensing.
Sec. 11. NRS 637.135 is hereby amended to read as follows:
637.135 1. Except as provided in subsection 2, all licensed dispensing opticians [are required to] must complete a yearly program of continuing education in ophthalmic dispensing.
2. Licensed dispensing opticians [:
κ1979 Statutes of Nevada, Page 1198 (CHAPTER 591, SB 172)κ
(a) On] on active military service [; or
(b) Who are 60 years of age or more and have been continuously engaged in full-time ophthalmic dispensing for a minimum of 15 years after reaching 35 years of age,]
are exempt from the requirement of this section.
3. The program of continuing education in ophthalmic dispensing [shall:] must:
(a) Encompass such subjects as are established by [board] regulations [.] of the board.
(b) Consist of a [maximum] minimum of 12 hours in each calendar year.
4. The board shall require persons who are certified to fit contact lenses to obtain additional continuing education related to that practice.
Sec. 12. NRS 637.140 is hereby amended to read as follows:
637.140 1. A [certificate] license issued under the provisions of this chapter [shall expire] expires on December 31 of each year, and, upon payment of a renewal fee of [$15] not more than $50 and presentation of the certificate of completion required by NRS 637.135, may be renewed at any time not later than January [15] 31 of the following year. [In the event application for renewal is not made by such date, an additional delinquent fee of $15 shall be charged.]
2. A [certificate] license not renewed [prior to February 15] before February 1 of each year shall be deemed forfeited.
Sec. 13. NRS 637.150 is hereby amended to read as follows:
637.150 The board may refuse to grant a license to practice as [an ophthalmic dispenser] a dispensing optician or may suspend or revoke a license to practice as [an ophthalmic dispenser] a dispensing optician upon proof to the satisfaction of the board that the applicant or holder of a license:
1. Has been adjudicated insane; [or]
2. Habitually uses any controlled substance as defined in chapter 453 of NRS or intoxicants; [or]
3. Has been convicted of crime involving moral turpitude; [or]
4. Has advertised fraudulently; [or]
5. [Shall have] Has presented to the board any diploma, license or certificate that [shall have] has been signed or issued unlawfully or under fraudulent representations, or obtains or [shall have] has obtained a license to practice in the state through fraud of any kind; [or]
6. Has been convicted of a violation of any federal or state law relating to a controlled substance as defined in chapter 453 of NRS; [or]
7. [Solicits in person or through an agent for the purpose of selling ophthalmic materials, or employs what are known as chasers, steerers or solicitors to obtain business; or
8.] Has violated any [rules or regulations] regulation of the board; [or
9.] 8. Has violated any provision of this chapter; or
[10.] 9. Is incompetent.
[Nothing contained in subsection 7 shall prohibit an ophthalmic dispenser from engaging in lawful pursuits or professional relations with an ophthalmologist or an optometrist.]
κ1979 Statutes of Nevada, Page 1199 (CHAPTER 591, SB 172)κ
Sec. 14. NRS 637.160 is hereby amended to read as follows:
637.160 1. Before any license to practice as [an ophthalmic dispenser] a dispensing optician in this state [shall be] is suspended or revoked, except in the case of a conviction of a crime involving moral turpitude or conviction of a violation of any federal or state law relating to narcotic drugs, the accused person [shall] must be furnished with a copy of the complaint and [shall] must be given a hearing before the board in person or by attorney.
2. Any person whose license [shall be] is suspended or revoked in accordance with this chapter shall be deemed an unlicensed person during the period of suspension or revocation, and as such [shall be] is subject to the penalties prescribed in this chapter for a person who practices as [an ophthalmic dispenser] a dispensing optician without first having obtained a license so to do.
Sec. 15. NRS 637.170 is hereby amended to read as follows:
637.170 The board at any time after the date of revocation or forfeiture of a [certificate] license may consider an application for reinstatement, and after consideration it may grant such reinstatement upon the applicants payment of a reinstatement fee of [$50.] not more than $100.
Sec. 16. NRS 637.190 is hereby amended to read as follows:
637.190 [Every person who refuses or neglects to obey the command of a subpena issued under the provisions of NRS 637.040, or who, after appearing, refuses to be sworn and testify, shall, in either event, be liable to a penalty of $50 to be sued for in the name of the board in any court of competent jurisdiction. The penalty when collected shall be paid to the treasurer of the board.]
1. The district court in the county in which any hearing is being conducted by the board may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board.
2. If any witness refuses to attend or testify or produce any papers required by such subpena, the board may report to the district court for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in NRS 637.040; and
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the board in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the board.
3. The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the board, the court may thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
κ1979 Statutes of Nevada, Page 1200 (CHAPTER 591, SB 172)κ
the board, the court may thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 17. NRS 637.200 is hereby amended to read as follows:
637.200 [Any of the] The following acts [shall constitute a misdemeanor:] constitute misdemeanors:
1. [Advertising at a stipulated price or as free the furnishing of a lens, glass or the frame or fitting therefor.
2.] The insertion of a false or misleading statement in any advertising in connection with the business of ophthalmic dispensing.
[3.] 2. Making use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.
[4.] 3. Furnishing or advertising the furnishing of the services of a refractionist, optometrist, or physician or surgeon.
[5.] 4. Changing the prescription of a lens without an order from a person licensed to issue such prescription.
[6. The violation of] 5. Violating any provision of this chapter.
Sec. 18. Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 and 20 of this act:
Sec. 19. 1. A dispensing optician shall not fit contact lenses unless he is certified to do so pursuant to this section.
2. The board shall issue a certificate containing an authorization for its holder to fit contact lenses to any licensed dispensing optician whose license has been issued by this board and:
(a) Who fitted contact lenses before January 1, 1978, and submits an application with affidavits from two physicians who specialize in treatment of the eye, testifying to his proficiency in the fitting of contact lenses. No examination on fitting contact lenses is required of such an applicant;
(b) Who has successfully completed a course of instruction on the fitting of contact lenses at a school which offers a degree of associate in applied science for studies in ophthalmic dispensing and who has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; or
(c) Who has completed at least 1 year of training and experience in the fitting of contact lenses under the supervision of a licensed dispensing optician certified to fit contact lenses, a physician specialized in treatment of the eye, or an optometrist, and has passed the Contact Lens Registry Examination of the National Committee of Contract Lens Examiners.
3. An applicant who desires to qualify by obtaining 1 year of training and experience must first apply to the board for a training permit. The board shall fix a fee of not more than $15 for the training permit. The permit must be conspicuously displayed at the place of training. The year of training and experience must consist of not less than 1,000 hours of experience in fitting and adapting contact lenses, verification and interpretation of prescriptions for contact lenses, and in other aspects of the practice and theory of fitting contact lenses.
4. The board may issue a training permit for the fitting of contact lenses to a registered apprentice dispensing optician to run concurrently with his permit to serve as an apprentice dispensing optician.
κ1979 Statutes of Nevada, Page 1201 (CHAPTER 591, SB 172)κ
lenses to a registered apprentice dispensing optician to run concurrently with his permit to serve as an apprentice dispensing optician.
5. The board may issue a permit, to be effective for not more than 2 years, to a licensed dispensing optician who is not certified to fit contact lenses in order that he may train in the fitting of such lenses.
6. A dispensing optician:
(a) May fit contact lenses only pursuant to a written prescription specifying contact lenses.
(b) Shall direct the patient to return to the prescriber for checking the fit and accuracy of the lenses.
Sec. 20. Whenever any person has engaged in any act or practice which constitutes an offense under this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the act or practice. A proceeding under this section is governed by Rule 65 of the Nevada Rules of Civil Procedure.
Sec. 21. Section 6 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 173Committee on Commerce and Labor
CHAPTER 592
AN ACT relating to manufactured housing and mobile homes; establishing the manufactured housing division in the department of commerce; providing for its organization, administration, powers, duties and functions; providing penalties; and providing other matters properly relating thereto.
[Approved June 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 65, inclusive, of this act.
Sec. 2. Administrator means the chief of the manufactured housing division.
Sec. 3. Division means the manufactured housing division of the department of commerce.
Sec. 4. Dwelling means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking and eating.
Sec. 5. Installation means the complete operation of fixing in place a mobile home or commercial coach for occupancy.
Sec. 6. Movement means the act of towing, pushing or otherwise propelling a mobile home or commercial coach upon a highway or road.
Sec. 6.5. Responsible managing employee means the person designated by the employer to exercise authority in connection with his principal or employers business in the following manner:
(a) To make technical and administrative decisions.
κ1979 Statutes of Nevada, Page 1202 (CHAPTER 592, SB 173)κ
(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either personally or through others, or effectively recommend such action on behalf of his principal or employer.
Sec. 7. The provisions of this chapter shall be administered by the division, subject to administrative supervision by the director.
Sec. 8. The administrator shall:
1. Possess a broad knowledge of generally accepted management practices and be reasonably well informed on laws governing mobile homes, travel trailers and commercial coaches.
2. Hold no interest in any firm which sells, manufacturers, rebuilds or services any mobile home, travel trailer or commercial coach or installs any mobile home or commercial coach, nor may he act as agent for any of them.
Sec. 9. No employee of the division may hold an interest in any firm which sells, manufactures, rebuilds or services any mobile home, travel trailer or commercial coach or installs any mobile home or commercial coach, nor act as an agent for any of them.
Sec. 10. 1. In order to carry out the provisions of this chapter, the administrator may:
(a) Issue subpenas for the attendance of witnesses or the production of books, papers and documents;
(b) Conduct hearings; and
(c) Administer oaths.
2. The administrator may apply for and receive grants from the United States Secretary of Housing and Urban Development for development of and carrying out a plan for enforcement and administration of federal mobile home safety and construction standards for mobile homes offered for sale or lease in this state.
3. The administrator may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of the state plan for administration and enforcement of federal mobile home safety and construction standards in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
4. The administrator may make inspections, approve plans and specifications, provide technical services, issue certificates and labels of compliance, collect fees provided for in this chapter and adopt regulations necessary to carry out his duties under this chapter if no federal agency is performing adequate inspections.
5. The administrator or his representative may enter, at reasonable times and without notice, any factory, warehouse or establishment in which mobile homes are manufactured, stored or held for sale and inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are relevant to the manufacture of mobile homes and compliance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.). A district court shall issue a warrant to permit an inspection if the administrator has shown:
(a) Evidence that a violation of a provision of this chapter has been committed or is being committed; or
κ1979 Statutes of Nevada, Page 1203 (CHAPTER 592, SB 173)κ
(b) That the business has been chosen for an inspection on the basis of a general administrative plan for the enforcement of the provisions of this chapter.
Sec. 11. 1. All fees collected pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the manufactured housing fund which is hereby created as a special revenue fund. All expenses of the enforcement of this chapter must be paid from the fund.
2. The fund may not be used for any purpose, except the regulation of mobile homes, travel trailers and commercial coaches.
3. Claims against the fund must be paid as other claims against the state are paid.
Sec. 12. 1. Any person may apply to the division for approval of an application for a license to issue labels of compliance pursuant to the provision of this chapter.
2. If the division is satisfied that the applicant meets the qualifications prescribed for a license pursuant to the provisions of this chapter, it shall issue a license to the applicant. The license is valid for a period of 12 consecutive months and may be renewed for like consecutive periods upon application to and approval by the division.
3. The division may adopt reasonable regulations governing the practices and procedures for initial and followup manufacturing inspections to be performed by any person granted a license to issue a label of compliance pursuant to the provisions of this chapter. The reasonable expense incurred by the division must be borne by the licensee whose operations are examined.
Sec. 13. 1. Except as provided by section 15 of this act, no person may engage in the business of a new or used mobile home dealer, manufacturer, rebuilder, serviceman or installer of a mobile home or commercial coach in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealers, manufacturers, rebuilders, servicemans or installers license by the division.
2. The division shall investigate any applicant for a license and complete an investigation report on a form provided by the division.
Sec. 14. 1. Applications for a manufacturers, dealers, rebuilders, servicemans or installers license must be filed upon forms supplied by the division, and the applicant shall furnish:
(a) Any proof the division may deem necessary that the applicant is a manufacturer, dealer, rebuilder, serviceman or installer.
(b) Any proof the division may require that the applicant has an established place of business for the sale and display of mobile homes in the state.
(c) In the case of a dealer of new mobile homes, an instrument in the form prescribed by the division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.
(d) If the application is for a license as a manufacturer, dealer or rebuilder, a good and sufficient bond in the amount of $10,000, the surety for which is a corporation licensed to do business as a surety in this state, which has been approved as to form by the attorney general.
κ1979 Statutes of Nevada, Page 1204 (CHAPTER 592, SB 173)κ
The bond must be conditioned on the conduct of business by the applicant without fraud or fraudulent misrepresentation and without violation of any provision of this chapter, including fraud or violation by salesmen of dealers and rebuilders acting within the scope of employment, and must provide that any person injured by an action of the dealer, rebuilder, manufacturer or salesman may bring an action on the bond.
(e) In lieu of a bond, an applicant or licensee may deposit with the state treasurer, under terms prescribed by the division:
(1) A like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value of not less than the amount fixed by the division; or
(2) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada which indicates an account of an amount equal to the amount of the required bond, and which indicates that the amount cannot be withdrawn except upon order of the division. Interest earned on the account accrues to the applicant or licensee.
(f) A reasonable fee fixed by regulation.
(g) Any additional requirements the division may from time to time prescribe by regulation.
2. Upon receipt of an application and when satisfied that the applicant is entitled to it, the division shall issue to the applicant a dealers, manufacturers, installers, rebuilders or servicemans license certificate containing the applicants name and the address of his fixed place of business.
3. Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.
Sec. 15. 1. The division shall adopt regulations for the issuance of limited used mobile home dealers licenses authorizing licensed real estate brokers to sell used mobile homes when the sale is incidental to the sale of an interest in real property and the mobile home is situated on the real property sold. The regulations may not be more strict than the regulations in effect which pertain to licenses for other used mobile home dealers. An applicant for a limited used mobile home dealers license is not required to have sufficient space to display vehicles at his established place of business.
2. If a licensed real estate broker holds a limited used mobile home dealers license, he and his licensed salesmen may sell used mobile homes when the sale is incidental to the sale of an interest in real property and the mobile home is situated on the real property sold.
Sec. 16. 1. A person may not engage in the activity of a salesman of a mobile home or commercial coach in this state without first having received a license from the division. Before issuing a license to engage in the activity of a salesman, the division shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of the applicant by a licensed dealer or rebuilder at the time the application is filed.
κ1979 Statutes of Nevada, Page 1205 (CHAPTER 592, SB 173)κ
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a reasonable license fee established by regulation.
(e) Any other information the division deems necessary.
2. The division may require oral or written examinations of the applicants for an installers, salesmans or servicemans license.
3. Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.
4. A salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer or rebuilder.
5. A salesmans license issued under this section may be transferred to another dealer or rebuilder upon application and the payment of a transfer fee of $2. When a salesman holding a current salesmans license leaves the employment of one dealer or rebuilder for that of another, the new employer may employ the salesman pending the transfer of the salesmans license to his dealership or rebuilding business if the transfer is completed within 10 days.
6. A salesmans license must be posted in a conspicuous place on the premises of the dealer or rebuilder for whom he is licensed to sell mobile homes or commercial coaches.
7. If a salesman ceases to be employed by a licensed dealer or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed dealer or rebuilder. Every licensed salesman shall report in writing to the division every change in his place of employment, or termination of employment within 5 days of the date of making the change.
Sec. 17. 1. No manufacturing plant or its branch office may engage in business in this state or be entitled to any other license or permit required by this chapter until the manufacturing plant or branch office has applied for and been issued a manufacturing plant license or a branch office license by the division.
2. The division shall adopt regulations providing for the issuance of the manufacturing plant license and the branch office license.
Sec. 18. The division may deny, suspend or revoke any license issued under this chapter or reissue the license subject to reasonable conditions upon any of the grounds set forth in sections 19 to 22, inclusive, of this act, which constitute grounds for disciplinary action.
Sec. 19. The following grounds, among others, constitute grounds for disciplinary action under section 18 of this act:
1. Except for a salesman, failure of the applicant to have an established place of business in this state.
2. Financial insolvency of the applicant or licensee.
3. Material misstatement in the application.
4. Failure of a salesman or applicant for licensing as a salesman to establish by proof satisfactory to the division that he is employed by a licensed dealer or rebuilder.
5. Any conduct before licensing which was in fact unknown to the division and would have been grounds for denial of a license had the division been aware of the conduct.
κ1979 Statutes of Nevada, Page 1206 (CHAPTER 592, SB 173)κ
division and would have been grounds for denial of a license had the division been aware of the conduct.
Sec. 20. The following grounds, among others, constitute grounds for disciplinary action under section 18 of this act:
1. The intentional publication, circulation or display of any advertising which constitutes a violation of NRS 598.410 by being a deceptive trade practice within the meaning of the term as set forth in that section.
2. Failure to include in any advertising the name of the licensed dealer, rebuilder, serviceman or installer, or the name under which he is doing business.
3. Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.
Sec. 21. The following grounds, among others, constitute grounds for disciplinary action under section 18 of this act:
1. The practice of claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement, authorizing or employing a licensee to sell, buy or exchange a mobile home or commercial coach for compensation or commission, where the agreement does not contain a definite specified date of final and complete termination and does not set forth the terms and conditions of the exclusive agreement.
2. While the employee, agent or fiduciary of a licensee, soliciting, accepting or agreeing to accept any benefit from another upon an agreement or understanding that the benefit will influence adversely his conduct in relation to the commercial affairs of his employer or principal.
3. Failing within a reasonable time to account for or to remit any money coming into his possession which belongs to others.
4. Failure or refusal by a licensee to pay or otherwise discharge any final judgment rendered and entered against him which arises out of the conduct of his business licensed under this chapter.
Sec. 22. The following grounds, among others, constitute grounds for disciplinary action under section 18 of this act:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
3. Failure to respond to a notice served by the division as provided by law within the time specified in the notice.
4. Disregarding or violating any of the provisions of this chapter or any regulation adopted under this chapter.
5. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
6. Conviction of a felony or a crime of moral turpitude in this state or any other state, territory or country.
Sec. 23. In addition to the disciplinary action which may be taken under section 18 of this act, a license to issue labels of compliance may be suspended or revoked if the division determines after notice and hearing that the licensee has failed or neglected to perform evaluations, testing or manufacturing inspections according to proposed plans and procedures submitted to the division, or has failed to comply with any regulations adopted by the division.
κ1979 Statutes of Nevada, Page 1207 (CHAPTER 592, SB 173)κ
procedures submitted to the division, or has failed to comply with any regulations adopted by the division.
Sec. 24. 1. The administrator may on his own motion, and shall upon receiving a complaint, investigate the actions of any licensee or any other person who assumes to act in the capacity of a licensee in this state. A complaint must be verified and filed with the division within 2 years after the act complained of.
2. If the administrator finds that the licensee or other person has acted in violation of this chapter, and that the violation is not repeated or continuing, he may attempt to secure a correction of the violation or satisfaction for the complainant from the licensee or other person. If his attempt fails or if he determines that disciplinary action is necessary, he may take disciplinary action.
3. If the administrator finds that the violation is being repeatedly or continuously committed, or if in his discretion the violation warrants disciplinary action, he may take disciplinary action without seeking correction or satisfaction.
Sec. 25. (Deleted by amendment.)
Sec. 26. 1. The applicant or licensee may, within 30 days after receipt of the notice of denial or complaint, petition the administrator in writing for a hearing.
2. Upon filing the petition, a date for hearing must be fixed, which must be within 30 days after the date on which the petition was filed.
3. Within 20 days after the hearing, the administrator shall make written findings of fact and conclusions.
Secs. 27-36. (Deleted by amendment.)
Sec. 37. 1. It is unlawful for any person to manufacture any mobile home or travel trailer or any commercial coach unless the mobile home, travel trailer or commercial coach and its components and systems are constructed and assembled according to the standards prescribed pursuant to the provisions of this chapter.
2. It is unlawful for any person knowingly to sell or offer for sale any mobile home which has been constructed on or after June 15, 1976, unless the mobile home and its components and systems have been constructed and assembled according to the standards prescribed pursuant to the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
3. Any person who knowingly sells or offers to sell in this state any mobile home, travel trailer or commercial coach for which a certificate or label of compliance is required under this chapter, which does not bear a certificate or label of compliance, is liable for the penalties provided in sections 64 and 65 of this act.
Sec. 38. 1. Every commercial coach manufactured on or after July 1, 1977, which is sold or offered for sale in this state must bear a certificate or label of compliance issued by this state certifying that the commercial coach was constructed in compliance with the standards applicable at the time of manufacture.
2. A certificate or label of compliance may be issued upon an inspection of the plans for or an actual inspection of the mobile home, travel trailer or commercial coach.
3. A mobile home, travel trailer or commercial coach which bears a label or other certificate by another state which the administrator finds has a competent inspection program or a label of compliance issued by a firm licensed under the provisions of this chapter is deemed to meet the requirements of this state, and the division shall issue a label upon application and proof that the mobile home, commercial coach or travel trailer meets the requirements of this chapter.
κ1979 Statutes of Nevada, Page 1208 (CHAPTER 592, SB 173)κ
label or other certificate by another state which the administrator finds has a competent inspection program or a label of compliance issued by a firm licensed under the provisions of this chapter is deemed to meet the requirements of this state, and the division shall issue a label upon application and proof that the mobile home, commercial coach or travel trailer meets the requirements of this chapter.
Sec. 39. Any mobile home, travel trailer or commercial coach for which a certificate or label of compliance has been issued pursuant to the provisions of this chapter is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating, electrical systems, body and frame design and construction requirements.
Sec. 40. The administrator shall adopt regulations:
1. Embodying the fundamental principles of the National Mobile Home Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.) with respect to mobile homes and by the American National Standards Institute or National Fire Protection Association with respect to travel trailers and commercial coaches.
2. For the issue of labels to manufacturers of travel trailers or commercial coaches to be affixed by manufacturers. The regulations must provide for, without limitation:
(a) Inplant inspections;
(b) Submission and approval of plans and specifications; and
(c) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell travel trailers or commercial coaches in this state for use in this state.
Sec. 41. 1. The administrator shall adopt regulations pertaining to:
(a) Safety standards for the installation, support and tiedown of mobile homes or commercial coaches which are designed to protect the health and safety of occupants of mobile homes or commercial coaches against uplift, sliding, rotation and overturning, subject to the following provisions:
(1) Safety standards must be reasonably consistent with nationally recognized standards for placement, support and tiedown of mobile homes or commercial coaches.
(2) The administrator may designate wind pressure zones in which the regulations for tiedown of mobile homes or commercial coaches apply.
(b) The inspection of plumbing, heating, cooling, fuel burning and electrical systems connections to a mobile home or commercial coach at the time of installation of the mobile home or commercial coach, which regulations are designed to protect the health and safety of occupants of mobile homes and commercial coaches.
2. Unless the division determines otherwise, the plumbing, heating, cooling, fuel burning and electrical systems of a mobile home or commercial coach may not be connected or activated until a certificate of installation has been issued and an installation seal affixed to the mobile home or commercial coach.
Sec. 42. 1. The administrator may adopt regulations pertaining to:
(a) The alteration of plumbing, heating or electrical systems of a mobile home or commercial coach.
(b) The construction and installation of accessory buildings, structures and air-conditioning for mobile homes consistent with nationally recognized construction standards, except where those standards conflict with the standards adopted under the National Mobile Home Construction Act (42 U.S.C.
κ1979 Statutes of Nevada, Page 1209 (CHAPTER 592, SB 173)κ
and air-conditioning for mobile homes consistent with nationally recognized construction standards, except where those standards conflict with the standards adopted under the National Mobile Home Construction Act (42 U.S.C. §§ 5401 et seq.) and would prevent enforcement of that act in this state.
2. Every city or county building department shall enforce all regulations adopted pursuant to this chapter and make all inspections in their respective jurisdictions required by the regulations pertaining to the setup, tiedown and installation of mobile homes or commercial coaches except as otherwise provided in this subsection. If any city or county building department fails to enforce the regulations or make the inspections required by them, the division shall enforce the regulations and make the inspections in that jurisdiction and may engage an independent contractor to perform any inspection.
3. Local governing bodies may adopt ordinances at least as stringent as the applicable state or federal statutes or regulations.
4. As used in this section, accessory building or accessory structure includes awnings, cabanas, carports, porches, skirting or steps established for the use of the occupant of the mobile home and which depends upon the mobile home for some or all of its structural support.
Sec. 43. The division shall adopt regulations concerning the issuance of:
1. Certificates of installation issued by the division which certify that the mobile home or commercial coach was installed in compliance with regulations adopted by the division.
2. Installation seals issued by the division which must be attached to a mobile home or commercial coach after the certificate of installation has been issued and removed when the mobile home or commercial coach is moved from the location if occupied when the certificate was issued.
3. Certificates and labels of compliance issued by the division.
Sec. 44. The division shall adopt regulations providing fees for:
1. Certificates of installation;
2. Installation seals;
3. Certificates of compliance;
4. Labels of compliance;
5. Licenses for issuing labels of compliance;
6. Licenses of manufacturers, dealers, salesmen, servicemen and installers;
7. Licenses for branch mobile home and commercial coach offices;
8. Licenses for mobile home, commercial coach and travel trailer manufacturing plants; and
9. Any other services provided by the division.
Sec. 45. 1. The department shall not issue a certificate of ownership of a used mobile home unless the county assessor of the county in which the mobile home was situated at the time of sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of the sale have been paid.
2. Every certificate of ownership issued for a used mobile home must contain a warning, printed or stamped on its face in red, to the effect that title to a used mobile home does not pass until the county assessor of the county in which the mobile home was situated at the time of the sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.
κ1979 Statutes of Nevada, Page 1210 (CHAPTER 592, SB 173)κ
must contain a warning, printed or stamped on its face in red, to the effect that title to a used mobile home does not pass until the county assessor of the county in which the mobile home was situated at the time of the sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.
Sec. 46. 1. Upon receipt of the documents required by the division, the division shall issue a certificate of ownership.
2. If no security interest is created or exists in connection with the sale, the certificate of ownership must be issued to the buyer.
3. If a security interest is created by the sale, the certificate of ownership must be issued to the secured party or his assignee, and must show the name of the registered owner.
Sec. 47. Upon a transfer of the title to or the interest of an owner in a mobile home or commercial coach issued a certificate of ownership under the provisions of this chapter, the person whose title or interest is to be transferred and the transferee shall write their signatures with ink upon the certificate of ownership issued for the mobile home or commercial coach, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
Sec. 48. Whenever an application is made to the division for title of a mobile home or commercial coach previously titled and the applicant is unable to present the certificate of ownership previously issued because it is lost or being unlawfully detained by one in possession or is not otherwise available, the division may receive the application and examine circumstances of the case and require the filing of affidavits or other information. When the division is satisfied that the applicant is entitled to a certificate of ownership, it may issue the certificate on the mobile home or commercial coach.
Sec. 49. 1. When a new mobile home or commercial coach is sold in this state by a dealer, he shall complete a dealers report of sale. The dealers report of sale must be in a form prescribed by the division and include a description of the mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the mobile home or commercial coach, the name and address of the secured party or his assignee must be entered on the dealers report of sale.
2. The seller shall submit the original of the dealers report of sale to the division within 10 days after the execution of all instruments which the contract of sale required to be executed at the time of sale or within 10 days after the date of sale, whichever is later, unless an extension of time is granted by the division.
3. A dealer who sells a new mobile home or commercial coach shall deliver the buyers copy of the report of sale to him at the time of sale and submit another copy within 10 days after the date of the sale to the county assessor of the county in which the mobile home or commercial coach will be located.
κ1979 Statutes of Nevada, Page 1211 (CHAPTER 592, SB 173)κ
Sec. 50. 1. When a used or rebuilt mobile home or commercial coach is sold in this state by a dealer or rebuilder, the seller shall complete a dealers or rebuilders report of sale. The report must be in a form prescribed by the division and include a description of the mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the mobile home or commercial coach, the name and address of the secured party must be entered on the dealers or rebuilders report of sale.
2. The seller shall submit the original of the dealers or rebuilders report of sale to the division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of the sale, unless an extension of time is granted by the division, together with the endorsed certificate of title or certificate of ownership previously issued. The seller must also furnish one copy to the buyer.
Sec. 51. When a used or rebuilt mobile home or commercial coach is sold in this state by a person who is not a dealer or rebuilder, the seller or buyer or both of them shall submit to the division within 45 days after the sale:
1. If a certificate of ownership has been issued in this state, that certificate properly endorsed.
2. If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:
(a) The certificate or document properly endorsed; and
(b) A statement showing, if not included on the endorsed certificate or document, the description of the mobile home or commercial coach, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. The statement must be signed and acknowledged by the seller and buyer.
3. If a document of title has not been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by paragraph (b) of subsection 2.
Sec. 52. 1. Whenever a security interest is created in a mobile home or commercial coach, the certificate of ownership must be delivered to the division with a statement signed by the debtor showing the date of the security agreement, the names and addresses of the debtor and the secured party.
2. The division shall issue to the secured party a certificate of ownership with the name and address of the secured party and the name and address of the registered owner noted on it.
3. When the contract or terms of the security agreement have been fully performed, the seller or other secured party who holds the certificate of ownership shall deliver the certificate to the person legally entitled to it with proper evidence of the termination or release of the security interest.
Sec. 53. Compliance with the provisions of this chapter relating to a security interest in a mobile home or commercial coach is sufficient for the perfection and release of that security interest and for exemption from the requirement of filing a financing statement under the provisions of paragraph (b) of subsection 3 of NRS 104.9302.
κ1979 Statutes of Nevada, Page 1212 (CHAPTER 592, SB 173)κ
the perfection and release of that security interest and for exemption from the requirement of filing a financing statement under the provisions of paragraph (b) of subsection 3 of NRS 104.9302. In all other respects the rights and duties of the debtor and secured party are governed by the Uniform Commercial Code-Secured Transactions and chapter 97 of NRS to the extent applicable.
Sec. 54. No right of action exists in favor of any person by reason of any action or failure to act on the part of the division or any of its officers or employees in carrying out the provisions of this chapter, or in giving or failing to give any information concerning the legal ownership of a mobile home or commercial coach or the existence of a security interest in it.
Sec. 55. Notwithstanding the provisions of chapters 361 and 482 of NRS or any other law, no dealer may be required to pay any property tax, either as tax on inventory or on individual mobile homes or commercial coaches, on any mobile home or commercial coach of which the dealer takes possession and which he holds for sale in the ordinary course of business.
Sec. 56. Any dealer who does not have title to a mobile home or commercial coach must deposit any money received from the sale of that mobile home or commercial coach in a fiduciary account until the sale is completed or terminated.
Sec. 57. 1. Except as provided in section 58 of this act, any manufacturer, dealer or rebuilder having an established place of business in this state, and owning or controlling any new or used mobile home or commercial coach, may move the mobile home or commercial coach for the purposes of display, maintenance, sale or exchange if there is displayed on it a special plate issued to the manufacturer, dealer or rebuilder as provided by this section.
2. Upon issuance of a manufacturers, dealers or rebuilders license pursuant to this chapter, the division will furnish to the licensee one or more special plates for use on mobile homes and commercial coaches pursuant to subsection 1. Each plate must have displayed upon it the identification number which is assigned to the manufacturer, dealer or rebuilder and may, at the discretion of the division, have a different letter or symbol on each plate. The plates may be used interchangeably on the mobile homes or commercial coaches.
3. The division shall by regulation determine the number of plates to which each manufacturer, dealer or rebuilder is entitled.
4. The department of motor vehicles shall supply the division with the special plates.
5. There must be paid to the division at the time application for a special plate is made, and by the division to the department of motor vehicles, a fee of $5.50 for each special plate.
Sec. 58. 1. Except as provided in subsection 2, no mobile home or commercial coach may be moved upon the highways or roads of this state through use of any valid license plate unless a proper trip permit is obtained and displayed.
2. Sections 59 to 63, inclusive, of this act do not apply to mobile homes or commercial coaches moved:
(a) Through this state from and to points outside Nevada.
κ1979 Statutes of Nevada, Page 1213 (CHAPTER 592, SB 173)κ
(b) Into this state with a valid license plate or permit from another state.
(c) With any valid license plate when movement is from:
(1) The place of manufacture of the mobile home or commercial coach to the place of business of a dealer licensed under this chapter;
(2) One dealer lot to another; or
(3) A dealer lot to the place of delivery to that dealers buyer.
Sec. 59. 1. Except as provided in section 58 of this act, the owner of any mobile home or commercial coach moved upon any highway or road in this state shall, before that movement, apply to the county assessor for a mobile home or commercial coach trip permit. The assessor of the county from which the mobile home is to be moved shall issue a trip permit upon application presented in the form prescribed by the division, payment of a fee of $2, and proof satisfactory to the assessor of ownership and that all property taxes, and use taxes if applicable, levied against the mobile home or commercial coach and its contents have been paid.
2. The trip permit authorizes movement over the highways and roads for a period of not more than 5 consecutive days following the day of issuance and the application and permit respectively must be used in lieu only of any certificate of registration and vehicle license number plate required by law.
Sec. 60. 1. The application for a trip permit must contain any information required by the division, and the name of the owner of the mobile home or commercial coach, the make, model and serial number of the mobile home or commercial coach, the location of the place from which it was moved, the address of the place to which it is to be moved, the expiration date of the permit and the signature of the county assessor or his designee.
2. The county assessor shall, within 10 days after issuing the trip permit, forward a copy of the application:
(a) To the division; and
(b) To the assessor of the county where the mobile home or commercial coach will be located, unless the mobile home or commercial coach is to leave this state.
3. The county assessor shall also provide a copy of the application for use by the operator of the vehicle moving the mobile home or commercial coach and the operator shall keep his copy of the application in his possession at all times during the movement.
Sec. 61. 1. The division shall determine the size, shape and form of the trip permit which may be part of a single form also containing the application for the permit. Each permit must bear the month and day of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight.
2. The trip permit must be prominently displayed on the rear of the mobile home or commercial coach in the manner prescribed by the division at all times during which the mobile home or commercial coach is moved upon any highway or road. The permit must be made and displayed in a manner that renders the permit unusable when removed from the mobile home or commercial coach.
κ1979 Statutes of Nevada, Page 1214 (CHAPTER 592, SB 173)κ
Sec. 62. 1. The division shall provide each county assessor with a sufficient quantity of application and permit forms.
2. The assessor or an appropriate officer shall remit one-half of the fee collected for the trip permit monthly to the division for deposit in the manufactured housing fund.
Sec. 63. 1. Any person who moves a mobile home or commercial coach in violation of the provisions of sections 58 to 62, inclusive, of this act is guilty of a misdemeanor.
2. If a mobile home or commercial coach is moved upon any highway or road in the state in violation of any of the provisions of sections 58 to 62, inclusive, of this act, the division, any member of the Nevada highway patrol or any peace officer in the state shall seize and hold the mobile home or commercial coach until presented with a copy of the application and trip permit required by sections 59 to 63, inclusive, of this act.
Sec. 64. 1. Except as provided in subsection 5, any person who violates any of the provisions of this chapter is liable to the state for a civil penalty of not more than $1,000 for each violation. Each violation of this chapter or any regulation or order issued under it constitutes a separate violation with respect to each mobile home or commercial coach and with respect to each failure or refusal to allow or perform an act required by this chapter or regulation or order, except that the maximum civil penalty is $1,000,000 for any related series of violations occurring within 1 year after the first violation.
2. Before the adoption of any regulation for whose violation a civil penalty may be imposed, the administrator shall give at least 30 days written notice to every licensed mobile home or commercial coach manufacturer, dealer, rebuilder, installer and serviceman and every other interested party who has requested the notice.
3. An action to enforce a civil penalty must be brought in a court of competent jurisdiction in the county in which the defendant has his principal place of business.
4. All money collected as civil penalties pursuant to the provisions of this chapter must be deposited in the state general fund.
5. This section does not apply to a manufacturer, dealer or rebuilder of travel trailers.
Sec. 65. 1. A person is guilty of a gross misdemeanor who knowingly:
(a) Makes any false entry on any certificate of origin or certificate of ownership.
(b) Furnishes false information to the division concerning any security interest.
(c) Files with the administrator any notice, statement or other document required under the provisions of this chapter which is false or contains any material misstatement of fact.
2. Except as provided in subsections 1 and 3 of this section, any person who knowingly or willfully violates any of the provisions of this chapter is guilty of a misdemeanor.
3. Subsection 2 does not apply to a manufacturer of travel trailers.
Sec. 66. NRS 489.031 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 1215 (CHAPTER 592, SB 173)κ
489.031 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.041 to 489.155, inclusive, and sections 2 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 67. NRS 489.041 is hereby amended to read as follows:
489.041 American National Standards means the standards for mobile homes, travel trailers and commercial coaches adopted [and published] by the American National Standards Institute.
Sec. 68. NRS 489.062 is hereby amended to read as follows:
489.062 Commercial coach means a [vehicle] structure without motive power which is designed and equipped for human occupancy for industrial, professional or commercial purposes.
Sec. 69. NRS 489.095 is hereby amended to read as follows:
489.095 1. Established place of business means an enclosed building or structure owned either in fee or leased with sufficient space to conduct the business of the dealer and large enough to accommodate the office or offices of the dealer and to provide a safe place to keep the books and other records of the business of [such] the dealer, at which site or location the principal portion of the dealers business is conducted.
2. The books and records of a dealer [shall] must be kept and maintained at the dealers established place of business and [shall] be open to inspection during usual business hours by any authorized agent of the [department or the State of Nevada.] division.
Sec. 70. NRS 489.105 is hereby amended to read as follows:
489.105 Installer means a person who owns or is a responsible managing employee of a business which installs a mobile home or commercial coach at the site where it is to be used by the purchaser. The term does not include:
1. Employees of public utility companies; or
2. [Bona fide servicemen employed by licensed manufacturers; or
3.] The purchaser of a mobile home [.] or commercial coach.
Sec. 71. NRS 489.110 is hereby amended to read as follows:
489.110 Label of compliance means a label permanently attached to a mobile home, travel trailer or commercial coach at the completion of [the construction thereof, which label is issued by an independent, solvent and trustworthy firm, approved and licensed by the department as being competent and as having and utilizing initial and followup manufacturing inspection services providing a high degree of quality control, and on which label is recorded:
1. The name of the person issuing the label and the serial number of the label;
2. The serial or other identification number of the mobile home, travel trailer or commercial coach; and
3. A certificate that the mobile home, travel trailer or commercial coach was evaluated, tested and inspected according to the standards and regulations issued pursuant to the provisions of this chapter.] its construction, under the authority of the United States Department of Housing and Urban Development or the division which certifies that the mobile home, travel trailer or commercial coach was manufactured in compliance with standards in effect on the date of manufacture.
κ1979 Statutes of Nevada, Page 1216 (CHAPTER 592, SB 173)κ
Sec. 72. NRS 489.120 is hereby amended to read as follows:
489.120 Mobile home means a structure which is:
1. Built on a permanent chassis;
2. Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;
3. Transportable in one or more sections; and
4. More than 8 feet in body width and more than [40] 32 feet in body length. Neither the width nor the length includes bay windows, porches, drawbars, couplings, hitches, wall or roof extensions or other attachments.
The term includes the plumbing, heating, air conditioning and electrical systems of the mobile home. Mobile home does not include a travel trailer.
Sec. 73. NRS 489.145 is hereby amended to read as follows:
489.145 Serviceman means a person who owns or is the responsible managing employee of a business which installs or repairs [skirting, awnings,] electrical or plumbing fixtures, devices or appliances on or in mobile homes or commercial coaches, except:
1. Any person employed by a licensed manufacturer; and
2. The owner or purchaser of a mobile home or commercial coach.
Sec. 74. NRS 489.150 is hereby amended to read as follows:
489.150 1. Travel trailer means a [vehicular] portable [unit,] structure mounted on wheels, [of a size and weight so as not to require special highway movement permits when drawn by a motor vehicle,] consisting of a vehicular chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle [.] , and designated by the manufacturer as a travel trailer.
2. A vehicle is not a travel trailer if, when equipped for highway use, it is [greater] more than 8 feet wide. [or 40 feet long.]
Sec. 75. NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman, shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, upon which the lien is asserted, and to the [motor] :
(a) Manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches as defined in chapter 489 of NRS; or
(b) Motor vehicle registration division of the department of motor vehicles [.] with regard to all other items included in this section.
2. The notice [shall] must be given by delivery in person or by registered or certified letter addressed to the last-known place of business or abode of the person [or persons] to be notified, and if no address is known then addressed to [such person or persons] that person at the place where the lien claimant has his place of business.