[Rev. 2/28/2019 12:34:57 PM]
Link to Page 1216
κ1979
Statutes of Nevada, Page 1217 (CHAPTER
592, SB 173)κ
3. The notice [shall]
must contain:
(a) An itemized statement of the claim, showing
the sum due at the time of the notice and the date [or
dates] when it became due.
(b) A brief description of the motor vehicle,
airplane, motorcycle, motor or airplane equipment, or trailer against which the
lien exists.
(c) A demand that the amount of the claim as
stated in the notice, and of [such]
any further claim as [shall
accrue, shall] may accrue, must be
paid on or before a day mentioned, not less than 10 days from the delivery of
the notice if it is personally delivered, or from the time when the notice
should reach its destination, according to the due course of post, if the
notice is sent by mail.
(d) A statement that unless the claim is paid
within the time specified the motor vehicle, airplane, motorcycle, motor or
airplane equipment, or trailer will be advertised for sale, and sold by auction
at a specified time and place.
4. In accordance with the terms of a
notice so given, a sale by auction may be had to satisfy any valid claim which
has become a lien on the motor vehicle, airplane, motorcycle, motor or airplane
equipment, or trailer. The sale [shall]
must be had in the place where the lien was
acquired, or, if [such] that place is manifestly unsuitable for the purpose, at
the nearest suitable place.
5. After the time for the payment of the
claim specified in the notice has elapsed, an advertisement of the sale,
describing the motor vehicle, airplane, motorcycle, motor or airplane
equipment, or trailer to be sold, and stating the name of the owner or person
on whose account [the same] it is held, and the time and place of the sale, [shall] must be
published once a week for 2 consecutive weeks, being 3 successive weekly
issues, in a newspaper published in the place where [such]
the sale is to be held, but if no newspaper is
published in [such] that place then in some newspaper published in [the State of Nevada] this state and having a general circulation in [such] that place.
The sale [shall] must not be held less than 15 days from the time of the
first publication.
6. From the proceeds of [such] the sale
the motor vehicle or airplane dealer, garage, trailer park or airport keeper,
or automobile or airplane repairman furnishing services, labor, accessories,
facilities or supplies shall satisfy his lien, including the reasonable charges
of notice, advertisement and sale. The balance, if any, of [such proceeds shall] the proceeds must be delivered, on demand, to the
person to whom he would have been bound to deliver, or justified in delivering,
the motor vehicle, airplane, motorcycle, motor or airplane equipment, or
trailer.
Sec. 76. NRS
108.315 is hereby amended to read as follows:
108.315 1. Any keeper of a
trailer park who desires to enforce a lien for unpaid rent or rent and
utilities under the provisions of NRS 108.270 to 108.360, inclusive, shall,
within 15 days after the rent is 30 days past due, make a demand in writing
upon the registered owner of the trailer, for the amount due, stating that a
lien is claimed on the trailer. A copy of the demand [shall]
must be sent to every holder of a security
interest in the trailer by registered or certified mail.
2. For the purpose of obtaining the name
and address of a holder of a security interest in the trailer, the trailer park
keeper shall request [such information from the department of motor vehicles prior to
making the demand for payment.
κ1979
Statutes of Nevada, Page 1218 (CHAPTER
592, SB 173)κ
information from the department of motor
vehicles prior to making the demand for payment. The department of motor
vehicles] that information before making
the demand for payment from the:
(a) Division of
manufactured housing of the department of commerce with regard to mobile homes
and commercial coaches as defined in chapter 489 of NRS.
(b) Department of motor
vehicles with regard to all other vehicles.
The state agency shall supply [such] that information
from its records or, if the trailer is registered in another state, territory
or country, [shall obtain such] obtain the information from the appropriate agency of [such] that state,
territory or country.
3. No trailer [shall]
may be sold for delinquent rent or rent and
utilities until 4 months have elapsed after the first default in payment. At
least 10 days [prior to such] before a sale, a written notice [shall]
must be sent to every holder of a security
interest in the trailer by registered or certified mail stating that a sale by
auction of the trailer is to be made pursuant to the provisions of NRS 108.310.
Sec. 77. NRS
232.230 is hereby amended to read as follows:
232.230 1. The department of
commerce is hereby created.
2. The department consists of a director
and the following divisions:
(a) Banking division.
(b) Consumer affairs division.
(c) Credit union division.
(d) Housing division.
(e) Insurance division.
(f) Manufactured housing
division.
(g) Real estate
division.
[(g)] (h) Savings and loan division.
[(h)] (i) State fire marshal division.
Sec. 77.5. Section
19 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is
hereby amended to read as follows:
Sec. 19. NRS
232.230 is hereby amended to read as follows:
232.230 1. The
department of commerce is hereby created.
2. The
department consists of a director and the following divisions:
(a) Banking division.
(b) Consumer affairs
division.
(c) Credit union
division.
(d) Housing division.
(e) Insurance
division.
(f) Manufactured
housing division.
(g) [Real estate division.
(h)] Savings
and loan division.
[(i)] (h) State fire marshal division.
Sec. 78. NRS
232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the
governor, a chief of each of the divisions of the department. In making [such] the appointments,
other than that of the state fire marshal, the director
shall obtain lists of nominees from recognized professional organizations, if
any, in the appropriate professions and [shall make such] make the appointments
after consultation with and concurrence of [such] the organizations.
κ1979
Statutes of Nevada, Page 1219 (CHAPTER
592, SB 173)κ
than that of the state fire marshal, the director shall
obtain lists of nominees from recognized professional organizations, if any, in
the appropriate professions and [shall make such]
make the appointments after consultation with and
concurrence of [such] the organizations. The director shall consult the state
fire marshals advisory board and appoint the state fire marshal from the list
of candidates presented by the board. The chief of the banking division shall
be known as the superintendent of banks, the chief of the consumer affairs
division shall be known as the commissioner of consumer affairs, the chief of
the credit union division shall be known at the commissioner of credit unions,
the chief of the housing division shall be known as the administrator of the
housing division, the chief of the insurance division shall be known as the
commissioner of insurance, the chief of the manufactured
housing division shall be known as the administrator of the manufactured
housing division, the chief of the real estate division shall be known
as the real estate administrator, the chief of the savings and loan division
shall be known as the commissioner of savings associations and the chief of the
state fire marshal division shall be known as the state fire marshal.
2. Be responsible for the administration,
through the divisions of the department, of the provisions of Titles 55 to 57,
inclusive, of NRS, chapters 319 and 645 of NRS, NRS 598.360 to 598.640,
inclusive, and all other provisions of law relating to the functions of the
divisions of the department.
Sec. 79. Chapter
461 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Division means the
manufactured housing division of the department of commerce.
Sec. 80. NRS
461.040 is hereby amended to read as follows:
461.040 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 461.050 to
461.160, inclusive, and section 79 of this act, have
the meanings ascribed to them in such sections.
Sec. 81. NRS
461.050 is hereby amended to read as follows:
461.050 Approval means conforming to
the requirements, and obtaining the approval, of the [department.]
division.
Sec. 82. NRS
461.080 is hereby amended to read as follows:
461.080 Factory-built housing means a
residential building, dwelling unit or habitable room thereof which is either
wholly manufactured or is in substantial part manufactured at an off-site
location to be wholly or partially assembled on site in accordance with regulations
adopted by the [department] division pursuant to NRS 461.170 but [shall] does not
include a mobile home.
Sec. 83. NRS
461.143 is hereby amended to read as follows:
461.143 Modular building means an
office, apartment, school, motel or other building, whether it is a total
building or a room, which is either wholly manufactured or is in substantial
part manufactured at an offsite location to be wholly or partially assembled on
site in accordance with regulations adopted by the [department]
division pursuant to NRS 461.170, but does not
include a mobile home.
κ1979 Statutes
of Nevada, Page 1220 (CHAPTER 592,
SB 173)κ
Sec. 84. NRS
461.170 is hereby amended to read as follows:
461.170 1. The following
codes, as revised from time to time, are hereby adopted for the purposes of
this chapter:
(a) The Uniform Housing Code;
(b) The Uniform Building Code, as adopted by the
International Conference of Building Officials;
(c) The Uniform Plumbing Code, as adopted by the
International Association of Plumbing and Mechanical Officials;
(d) The Uniform Mechanical Code, as adopted by
the International Conference of Building Officials and the International
Association of Plumbing and Mechanical Officials;
(e) The National Electrical Code, as adopted by
the National Fire Protection Association;
(f) The Uniform Building Code, Dangerous
Building, as adopted by the International Conference of Building Officials; and
(g) The Uniform Building Code Standards, as
adopted by the International Conference of Building Officials.
2. The [department
shall adopt such rules and regulations as may be] division may adopt regulations necessary to carry out
the provisions of this chapter and the uniform codes adopted by this section. [Such rules and regulations shall] The regulations may be revised when necessary to
conform substantially to amendments to [such]
the uniform codes.
3. The codes and [rules
and] regulations adopted under this section [shall] do not
prevent a local enforcement agency from imposing more stringent standards.
Sec. 85. NRS
461.180 is hereby amended to read as follows:
461.180 The [department]
division shall establish a schedule of fees to
cover the costs incurred by the [department]
division in the administration and enforcement of
the provisions of this chapter and the [rules and]
regulations established by the [department.]
division.
Sec. 86. NRS
461.190 is hereby amended to read as follows:
461.190 1. Factory-built
housing manufactured after the effective date of the regulations for [such] that housing
adopted pursuant to this chapter which is sold or offered for sale to first
users within this state [shall] must bear insignia of approval issued by the [department.] division.
2. A
manufactured building, fabricated after the effective date of the regulations
for [such] those
buildings adopted pursuant to this chapter, which is sold or offered for
sale to a first user within this state [shall]
must bear an insignia of approval issued by the [department.] division.
3. The [department] division
may issue insignia, medallions, symbols or tags issued by the
appropriate certifying authority designated by the uniform codes adopted
pursuant to NRS 461.170, signifying compliance with all of the provisions of
NRS 461.170.
4. The [department
may also] division may provide by
regulation for the approval of any factory-built housing or manufactured
building which has been inspected and approved by the appropriate certifying
authorities of another jurisdiction which has adopted all of the codes
specified in NRS 461.170 without additional inspection or issuance of additional insignia, medallions, symbols or tags by the
[department.]
κ1979
Statutes of Nevada, Page 1221 (CHAPTER
592, SB 173)κ
additional insignia, medallions, symbols or tags by the [department.] division.
Sec. 87. NRS
461.210 is hereby amended to read as follows:
461.210 No factory-built housing or
manufactured building bearing a [department]
division insignia of approval pursuant to NRS
461.190 [shall] may be in any way modified [prior
to,] before or during [,] installation unless approval is first
obtained from the [department.] division.
Sec. 88. NRS
461.220 is hereby amended to read as follows:
461.220 Whenever there is definite evidence
that any material, appliance, device, arrangement, system or method of
construction does not conform to the standards set by the regulations of the [department,] division,
it may require tests or proof of compliance to be made at the expense of
the manufacturer or his agent, subject to a right of appeal.
Sec. 89. NRS
461.230 is hereby amended to read as follows:
461.230 1. The [department] division
shall hear appeals brought by any person regarding the application to [such] that person
of any [rule or] regulation of the [department promulgated] division adopted pursuant to this chapter. Any [such appeals shall] appeal must first be submitted to the local enforcement
agency, if any, delegated by the [department]
division to enforce the provisions of this
chapter. The [department shall] division may not hear any appeal regarding any local
ordinance, rule or regulation related to the installation of factory-built
housing or manufactured buildings.
2. The [department
may promulgate rules] division may adopt
regulations pertaining to the hearing of appeals under the provisions of
this section.
Sec. 90. NRS
461.240 is hereby amended to read as follows:
461.240 1. The [department] division
shall enforce every provision of this chapter and the regulations
adopted pursuant thereto, except as provided in NRS 461.260.
2. Nothing in this chapter [shall be construed to prevent the department]
prevents the division from delegating by written
contract its enforcement authority to local government agencies.
Sec. 91. NRS
461.250 is hereby amended to read as follows:
461.250 1. The [director] administrator
of the [department] division or any person authorized by him [in writing] may institute any appropriate
action to enforce this chapter, or to prevent, restrain, correct or abate any
violation of this chapter.
2. In order properly to carry out the
provisions of this chapter, the [director]
administrator of the [department]
division or any person authorized by him [in writing] may:
(a) Conduct hearings;
(b) Issue subpenas; and
(c) Administer oaths.
Sec. 92. NRS
461.260 is hereby amended to read as follows:
461.260 1. Local enforcement
agencies shall enforce and inspect the installation of factory-built housing
and manufactured buildings.
2. Local use zone requirements, local
fire zones, building setback, side and rear yard requirements, site development
and property line requirements, as well as the review and
regulation of architectural and aesthetic requirements are hereby specifically
and entirely reserved to local jurisdictions notwithstanding any other
requirement of this chapter.
κ1979
Statutes of Nevada, Page 1222 (CHAPTER
592, SB 173)κ
requirements, as well as the review and regulation of
architectural and aesthetic requirements are hereby specifically and entirely
reserved to local jurisdictions notwithstanding any other requirement of this
chapter.
3. Nothing in this chapter [shall be construed to prohibit] prohibits any appropriate local government authority
from examining and approving all plans, applications or building sites.
4. A local government authority may
inspect Nevada manufacturers of factory-built housing or manufactured buildings
to insure compliance with all provisions of NRS 461.170. [Prior to] Before conducting
an initial inspection of any such manufacturer, a local government authority
shall give 10 days written notice to the [director]
administrator of the [department
of commerce. Such] division. The local
government authority need not give notice to the [director
prior to] administrator before conducting
subsequent inspections of [such] the manufacturer.
Sec. 93. (Deleted
by amendment.)
Sec. 94. NRS
481.048 is hereby amended to read as follows:
481.048 1. There is hereby
created, within the registration division of the department, a section known as
the vehicle compliance and enforcement section.
2. The director shall appoint within the
limits of legislative appropriations, pursuant to the provisions of chapter 284
of NRS, field dealer inspectors in the vehicle compliance and enforcement
section of the registration division of the department.
3. The duties of field dealer inspectors
shall be to travel the state and:
(a) Act as field agents and inspectors in the
enforcement of the provisions of chapters 482 [,]
and 487 [and 489]
of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.500, inclusive,
as [such] those
sections pertain to motor vehicles, trailers, motorcycles, [mobile homes,] recreational vehicles and
semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with
any problems arising under the provisions of [such]
that chapter.
(c) Cooperate with personnel of the Nevada
highway patrol in the enforcement of the motor vehicle laws as they pertain to
dealers.
(d) Perform such other duties as may be imposed
by the director.
4. Field dealer inspectors have the
powers of peace officers to enforce any law of the State of Nevada in carrying
out their duties under this section and are not entitled to retire under the
early retirement provisions of chapter 286 of NRS applicable to police officers
and firemen.
Sec. 94.5. NRS
482.127 is hereby amended to read as follows:
482.127 Travel trailer means a portable
structure mounted on wheels, constructed on a vehicular-type chassis primarily
designed as temporary living quarters for recreational, camping or travel use
and designed to be drawn by another vehicle [.
When equipped for highway use, the structure may not exceed 8 feet in width nor
40 feet in body length.] and designated by
the manufacturer as a travel trailer. A vehicle is not a travel trailer if,
when equipped for highway use, it is more than 8 feet wide.
Sec. 95. NRS
482.135 is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 1223 (CHAPTER
592, SB 173)κ
482.135 1. Vehicle
means every device in, upon or by which any person or property is or may be
transported or drawn upon a public highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks.
2. The term does
not include mobile homes or commercial coaches as defined in chapter 489 of
NRS.
Sec. 96. NRS
482.210 is hereby amended to read as follows:
482.210 The provisions of this chapter
requiring the registration of certain vehicles do not apply to:
1. Special mobile equipment.
2. Implements of husbandry temporarily
drawn, moved or otherwise propelled upon the highways.
3. Any mobile home [not moved on any highway or road within the state.]
or commercial coach subject to the provisions of chapter
489 of NRS.
4. Golf carts which are:
(a) Traveling from the residence or temporary
abode of the owner or operator thereof to a golf course;
(b) Traveling upon streets properly designated
by the appropriate city or county as permissible for the operation of golf
carts; and
(c) Operating pursuant to a permit issued in
accordance with rules and regulations adopted by the appropriate city or
county.
5. Mopeds.
Sec. 97. NRS
482.322 is hereby amended to read as follows:
482.322 1. [Except as provided in NRS 482.324, no] No person may engage in the activities of a vehicle
dealer, manufacturer or rebuilder in this state, or be issued any other license
or permit required by this chapter, until he has been issued a dealers, manufacturers,
rebuilders or lessors license certificate or 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.
κ1979
Statutes of Nevada, Page 1224 (CHAPTER
592, SB 173)κ
Sec. 97.4. Section
13 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is
hereby amended to read as follows:
Sec. 13. NRS
119.015, 119.030, 119.050, 119.055, 119.090, 119.114, 119.116, 119.118, 119.140
to 119.170, inclusive, 119.180 to 119.200, inclusive, 119.240 to 119.320,
inclusive, 645.001 to 645.310, inclusive, and 645.324 to 645.850, inclusive,
are hereby repealed.
Sec. 97.5. Section
23 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is
hereby amended to read as follows:
Sec. 23. (Deleted
by amendment.)
Sec. 98. NRS
482.330 is hereby amended to read as follows:
482.330 1. Upon issuance of
a dealers, manufacturers or rebuilders license certificate pursuant to NRS
482.322, [or upon
the issuance of a new or used mobile home dealers, manufacturers or
rebuilders license pursuant to chapter 489 of NRS,] the
department shall furnish to the manufacturer, dealer or rebuilder one or more
registration certificates and special plates for use on vehicles which come
within the provisions of NRS 482.320. [Every such
plate shall] Each plate must have
displayed upon it the identification number which is assigned to the dealer,
manufacturer or rebuilder, and may at the discretion of the department have a
different letter or symbol on each plate or pair of plates. [Such] The manufacturer,
dealer or rebuilder license plates may be used interchangeably on [such] that vehicle.
2. The department shall by regulation
determine the number of manufacturer, dealer or rebuilder license plates to
which each manufacturer, dealer or rebuilder is entitled, which, in the case of
a dealer, [shall] must be at least three more than the number of salesmen
in his employ.
3. The department may also provide by
regulation for the issuance to dealers or rebuilders of special license plates
and for the number of [such] those plates for use on vehicles loaned by [such] those dealers
or rebuilders to customers in the course of business. [Such
regulations,] The regulations, if
adopted, [shall] must provide what use may be made of [such] the plates.
Sec. 99. NRS
482.362 is hereby amended to read as follows:
482.362 1. [Except as provided in NRS 482.324, no] No person may engage in the activity of a vehicle,
trailer or semitrailer salesman in the State of Nevada without first having
received a license from the department. Before issuing a license to engage in
the activity of a salesman, the department 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 [such] the applicant
by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor
or rebuilder at the time [such] the application is filed.
(c) A statement as to whether any previous
application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of $5
per year. [Such licenses
shall expire] The license expires on December 31 of each calendar year.
κ1979
Statutes of Nevada, Page 1225 (CHAPTER
592, SB 173)κ
licenses shall expire] The license expires on December 31 of each calendar
year.
(e) [Such]
Any other information [as]
the department [may deem] deems necessary.
2. The department may issue a 60-day
temporary license to an applicant who has submitted an application and paid the
required fee.
3. A vehicle, trailer or semitrailer
salesmans license issued pursuant to this chapter [shall]
does not permit a person to engage in the
business of a mobile home salesman.
4. An application for a salesmans
license may be denied and a salesmans license may be suspended or revoked upon
the following grounds:
(a) Failure of the applicant to establish by
proof satisfactory to the department that he is employed by a licensed and
bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or
rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of
any of the provisions of this chapter.
(d) Falsification of the application.
(e) Any reason determined by the director to be
in the best interests of the public.
5. A vehicle salesman may not engage in
sales activity other than for the account of or for and in behalf of a single
employer, who [shall] must be a licensed dealer, lessor or rebuilder.
6. If an application for a salesmans
license has been denied, the applicant may reapply after a period not less than
6 months has elapsed from the date of the denial.
7. A salesmans license must be posted in
a conspicuous place on the premises of the dealer, lessor or rebuilder for whom
he is licensed to sell vehicles.
8. If a salesman ceases to be employed by
a licensed and bonded dealer, lessor or rebuilder, his license to act as a
salesman is automatically suspended and his right to act as a salesman
thereupon immediately ceases, and he shall not engage in the activity of a
salesman until he has paid the department a transfer fee of $2 and submitted a
certificate of employment indicating he has been reemployed by a licensed and
bonded dealer, lessor or rebuilder, and has thereafter presented a current
temporary license or a new salesmans license to his employer.
9. If a licensed salesman changes his
residential address, he shall submit a written notice of the change to the
department within 10 days.
10. A licensed dealer, lessor or
rebuilder who employs a licensed salesman shall notify the department of the termination
of such employment within 10 days following the date of termination by
forwarding the salesmans license to the department.
11. Any person who fails to comply with
the provisions of this section is guilty of a misdemeanor except as otherwise provided
in NRS 482.555.
Sec. 99.5. Section
24 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is
hereby amended to read as follows:
Sec. 24. (Deleted
by amendment.)
Sec. 100. NRS
482.363 is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 1226 (CHAPTER
592, SB 173)κ
482.363 1. Any person, other
than a new or used vehicle dealer licensed under the provisions of NRS 482.325, [or mobile home dealer
licensed under the provisions of NRS 489.420] who engages in the
leasing of vehicles in this state as a long-term or short-term lessor, shall:
(a) Secure a license from the department to
conduct [such] the leasing business;
(b) Post a bond;
(c) Furnish the department with [such] any other
information as may be required;
(d) Comply with the terms and conditions of this
chapter which apply to vehicle dealers; and
(e) Pay a fee of $25.
2. Any person employed by a long-term
lessor licensed under the provisions of subsection 1 who engages in the
practice of arranging or selling such services, and any person employed by a
short-term lessor who sells, offers or displays for sale or exchange vehicles
which are owned by such short-term lessor shall, before commencing operations,
and annually thereafter:
(a) Secure from the department a license to act
as a salesman of such services; and
(b) Comply with the [same]
terms and conditions which apply to salesmen of vehicles as specified in NRS
482.362.
3. Licenses issued pursuant to subsection
1 [shall] expire on December 31 of
each year. [Prior to] Before December 31 of each year, licensees shall
furnish the department with an application for renewal of [such] the license
accompanied by an annual fee of $25. The renewal application [shall] must be
provided by the department and [shall]
must contain information required by the
department.
4. The provisions of NRS 482.352,
relating to the denial, revocation or suspension of dealers or rebuilders
licenses, [shall] apply to licenses
issued pursuant to the provisions of subsection 1. The provisions of NRS
482.362, relating to the denial, revocation and transfer of vehicle salesmens
licenses, [shall] apply to licenses
issued pursuant to the provisions of subsection 2.
Sec. 101. 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 must be in a form prescribed by the
department and 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 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 must be entered on the 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 20 days after the
execution of all instruments which the contract of sale requires to be executed
at the time of sale or within 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.
κ1979
Statutes of Nevada, Page 1227 (CHAPTER
592, SB 173)κ
and the manufacturers certificate or statement of origin to
the department within 20 days after the execution of all instruments which the
contract of sale requires to be executed at the time of sale or within 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] must be
affixed to the right front windshield of the vehicle, which 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. 102. 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 must be in a form prescribed by the department and
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
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 vehicle, 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 department within 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 the vehicle, and shall furnish
one copy to the buyer. One copy [shall]
must be affixed to the front right 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 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.
κ1979
Statutes of Nevada, Page 1228 (CHAPTER
592, SB 173)κ
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 at the
time of sale, and 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. 103. NRS
482.427 is hereby amended to read as follows:
482.427 1. [Except as provided in subsection 2, upon]
Upon receipt of the documents required
respectively by NRS 482.423, 482.424 and 482.426 to be submitted to it, the
department shall issue a certificate of ownership.
2. [The
department shall not issue a certificate of ownership of a used mobile home
upon receipt of the documents required by NRS 482.426 to be submitted to it,
unless the county assessor of the county in which the mobile home was situate
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 sale have been paid.
3. Every
certificate of ownership issued for a used mobile home shall 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 situate 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 sale have been paid.
4.] If
no security interest is created or exists in connection with the sale, the
certificate of ownership shall be issued to the buyer.
[5.] 3. If a security interest is created by
the sale, the certificate of ownership shall be issued to the secured party or
to his assignee.
Sec. 104. NRS
482.433 is hereby amended to read as follows:
482.433 NRS 482.423 to 482.432,
inclusive, do not apply to a security interest in:
1. Any vehicle which constitutes
inventory held for sale; or
2. Any vehicle [,
other than a mobile home,] not required to be registered under
this chapter.
Security interests in all such vehicles are governed by NRS
104.9101 to 104.9507, inclusive.
Sec. 105. Chapter
487 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
As used in this chapter the
term state agency means:
1. The
manufactured housing division of the department of commerce with regard to
mobile homes and commercial coaches.
2. The department
of motor vehicles with regard to all other vehicles subject to registration
under the laws of this state.
Sec. 106. NRS
487.010 is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 1229 (CHAPTER
592, SB 173)κ
487.010 1. Every keeper of a
garage, parking area or trailer park who provide storage for vehicles subject
to registration under the laws of this state shall report the presence of
stored vehicles to the persons set forth in subsection 3 as follows:
(a) If there is reason to believe that the
vehicle is stolen, abandoned or secreted, within 24 hours of [such] storage.
(b) If there is reason to believe that the
vehicle has been stored without the knowledge or consent of the registered
owner, within 5 days of [such] storage.
(c) In any event within 30 days of [such] storage even though notice may
have previously been given under the provisions of paragraphs (a) and (b).
2. The notice [shall]
must be made on forms provided by the [department of motor vehicles and shall] state agency and include the vehicle registration plate
number, the vehicle identification number and [such]
any other information as may be available which
will aid in identifying the registered and the legal owner of the vehicle.
3. Notice [shall]
must be made in person or by mail to:
(a) The sheriff of the county in which the
vehicle is stored; or
(b) If the vehicle is stored in an incorporated
city, the chief of police of the city; and
(c) The [department
of motor vehicles.] state agency.
4. The notice required by this section [shall] must
be made only to the [department of motor vehicles]
state agency if the vehicle has been stored at
the direction of either the sheriff of the county or, in the case of an
incorporated city, the chief of police of the city in which the vehicle is
stored.
5. Immediately upon receipt of the notice
the [department] state agency shall:
(a) If the vehicle is registered in this state,
notify the legal owner and any holder of a security interest who appears of
record.
(b) If the vehicle is registered in another
state, request from the appropriate agency of that state the name and address
of the legal owner and holder of a security interest. If such names and
addresses are obtained, the [department of motor
vehicles] state agency shall notify
each of such persons. The [department of motor
vehicles] state agency may utilize
local law enforcement agencies of [the State of
Nevada] this state to obtain the
necessary information.
6. Failure to comply with the provisions
of subsections 1 to 3, inclusive, renders any lien for storage beyond 24 hours,
5 days or 30 days, respectively, void.
Sec. 107. NRS
487.100 is hereby amended to read as follows:
487.100 [Any] 1. Except as provided in subsection 2, any automobile
wrecker purchasing any vehicle subject to registration under the laws of this
state shall forward to the department the certificates of ownership and
registration last issued therefor. [The
department]
2. The
certificate of ownership last issued for a mobile home or commercial coach must
be sent by the wrecker to the division of manufactured housing.
3. The state
agency may issue without charge to the licensee a certificate
of dismantling, containing a brief description of the vehicle, including,
insofar as data may exist with respect to the vehicle, the make, type, serial
number and motor number, or any other number of the vehicle.
κ1979
Statutes of Nevada, Page 1230 (CHAPTER
592, SB 173)κ
certificate of dismantling, containing a brief description
of the vehicle, including, insofar as data may exist with respect to the
vehicle, the make, type, serial number and motor number, or any other number of
the vehicle.
Sec. 108. NRS
487.110 is hereby amended to read as follows:
487.110 1. Whenever a
vehicle subject to registration is sold as salvage as a result of a total loss
insurance settlement, the insurance company or its authorized agent shall,
within 10 days from settlement of the loss with its insured, forward the
endorsed ownership certificate or other evidence of title to the [department.] stage
agency.
2. Upon sale of the salvage vehicle the
insurance company shall issue a bill of sale to the purchaser on a form to be
prescribed and supplied by the [department. The
department] state agency. The state agency
shall accept [such] the bill of sale in lieu of the ownership certificate
or other evidence of title when accompanied by an appropriate application or
other documents and fees.
3. When the salvage vehicle is rebuilt
and to be restored to operation, the vehicle [shall]
may not be licensed for operation or the
ownership thereof transferred until there is submitted to the [department] state
agency with the prescribed bill of sale an appropriate application,
other documents and fees required, and a certificate of inspection signed by an
employee of the [department] state agency attesting to its mechanical fitness and
safety.
4. When a total loss insurance settlement
between the insurance company and its insured results in the retention of the
salvage vehicle by the insured, the insurance company or its authorized agent
shall, within 10 days from the date of settlement, notify the [department of such] state agency of the retention by its insured upon a
form to be [prescribed and] supplied
by the [department.] state agency.
Sec. 109. NRS
487.120 is hereby amended to read as follows:
487.120 1. If the applicant
for a certificate of dismantling is unable to furnish the certificates of
ownership and registration last issued for the vehicle, the [department] state
agency may receive the application, examine into the circumstances of
the case and may require the filing of suitable affidavits or other information
or documents. If satisfied that the applicant is entitled to a certificate of
dismantling, the [department] state agency may issue the certificate.
2. No duplicate certificate of ownership
or registration [shall] may be issued when a certificate of dismantling is
applied for, and no fees [shall be]
are required for the affidavits of any stolen,
lost or damaged certificate, or duplicates thereof, unless the vehicle is
subsequently registered.
Sec. 110. NRS
487.160 is hereby amended to read as follows:
487.160 1. The department,
after notice and hearing, may suspend, revoke or refuse to renew a license of
an automobile wrecker upon determining that the automobile wrecker is not
lawfully entitled thereto, or has made, or knowingly or negligently permitted,
any illegal use of [such] that license, or has failed to return a certificate of
dismantling to the [department] state agency when and as required of him by NRS 487.040 to 487.190, inclusive, or has failed to surrender to
the [department] state agency certificates of ownership for vehicles before
beginning to dismantle or wreck the vehicles.
κ1979
Statutes of Nevada, Page 1231 (CHAPTER
592, SB 173)κ
487.040 to 487.190, inclusive, or has failed to surrender to
the [department] state agency certificates of ownership for vehicles
before beginning to dismantle or wreck the vehicles.
2. The applicant or licensee may, within
30 days after receipt of the notice of temporary denial or suspension, or
within 60 days after receipt of the notice of absolute denial or revocation,
petition the department in writing for a hearing.
3. Hearings under this section and
appeals therefrom shall be conducted in the manner prescribed in NRS 482.353
and 482.354.
4. The department may suspend, revoke or
refuse to renew a license of an automobile wrecker, or deny [such] a license to an applicant therefor,
if the licensee or applicant:
(a) Does not have or maintain an established
place of business in this state.
(b) Made a material misstatement in the
application.
(c) Willfully fails to comply with any provision
of NRS 487.040 to 487.190, inclusive.
(d) Voluntarily fails for any length of time, or
fails for any reason and for 60 days or more, to furnish and keep in force any
bond required by NRS 487.040 to 487.190, inclusive.
(e) Fails to discharge any final judgment
entered against him when [such] the judgment arises out of any misrepresentation of a
vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond
required by a political subdivision of this state.
5. For the purposes of this section,
failure to adhere to the directives of the [director]
state agency advising the licensee of his noncompliance
with any provision of NRS 487.040 to 487.190, inclusive, or [rules and] regulations of the [department,] state
agency, within 10 days of receipt of [such]
those directives, is prima facie evidence of
willful failure to comply.
Sec. 111. NRS
487.170 is hereby amended to read as follows:
487.170 Every licensed automobile
wrecker, rebuilder or scrap processor shall maintain a record of all vehicles
dismantled or wrecked, which [shall contain]
contains the name and address of the person from whom
the vehicle was purchased or acquired and the date thereof, the registration
number last assigned to the vehicle and a brief description of the vehicle,
including, insofar as the data may exist with respect to a given vehicle, the
make, type, serial number and motor number, or any other number of the vehicle.
The record [shall] must be open to inspection during business hours by any
peace officer or investigator of the [department.]
state agency.
Sec. 112. NRS
487.230 is hereby amended to read as follows:
487.230 1. Any sheriff,
constable, member of the Nevada highway patrol, field investigator of the
vehicle compliance and enforcement section of the registration division or
inspector or field agent of the motor carrier division of the department, designated employees of the manufactured housing division of
the department of commerce, special investigator employed by the office
of any district attorney or marshal or policeman of any
city or town who has reason to believe that a vehicle has been abandoned in his
jurisdiction may remove [such] the vehicle from any public property or, at the
request of the owner or person in possession or control of any private
property, from [such] that private property.
κ1979
Statutes of Nevada, Page 1232 (CHAPTER
592, SB 173)κ
or policeman of any city or town who has reason to believe
that a vehicle has been abandoned in his jurisdiction may remove [such] the vehicle
from any public property or, at the request of the owner or person in
possession or control of any private property, from [such]
that private property.
2. Any person who removes an abandoned
vehicle pursuant to subsection 1 shall take [such]
the vehicle to the nearest garage or other place
designated by the [department] state agency or political subdivision for storage.
Sec. 113. NRS
487.240 is hereby amended to read as follows:
487.240 The [department]
state agency or the political subdivision
employing the person who removed the vehicle shall have the vehicle appraised
within 10 days after its removal by a person designated by the [department.] state
agency.
Sec. 114. NRS
487.250 is hereby amended to read as follows:
487.250 1. The [department] state
agency or political subdivision shall, within 48 hours after the
appraisal notify the [director of the department]
head of the state agency of the removal of the
vehicle. The notice [shall] must contain:
(a) A description of the vehicle.
(b) The appraised value of the vehicle.
(c) A statement as to whether the vehicle will
be junked, dismantled or otherwise disposed of.
2. The person who removed the vehicle
must notify the registered owner and any person having a security interest in
the vehicle by registered or certified mail that the vehicle has been removed
and will be junked or dismantled or otherwise disposed of unless the registered
owner or the person having a security interest in the vehicle responds and pays
the costs of removal.
3. Failure to reclaim within 15 days
after notification a vehicle appraised at $200 or less constitutes a waiver of
interest in the vehicle by any person having an interest in the vehicle.
4. If all recorded interests in a vehicle
appraised at $200 or less are waived, either as provided in subsection 3 or by
written disclaimer by any person having an interest in the vehicle, the [department] state
agency shall issue a certificate of dismantling to the automobile
wrecker to whom the vehicle may have been delivered or a certificate of
ownership to the garage owner if he elects to retain the vehicle and the
vehicle is equipped as required by chapter 484 of NRS.
Sec. 115. NRS
487.260 is hereby amended to read as follows:
487.260 If the vehicle is appraised at a
value of more than $200 the [department]
state agency or political subdivision which
removed is shall dispose of it as provided in NRS 487.270.
Sec. 116. (Deleted
by amendment.)
Sec. 117. 1. NRS
461.010, 461.060, 482.324, 482.3611, 482.3971 to 482.3977, inclusive, 489.011,
489.080, 489.089, 489.136, 489.1361, 489.140, 489.270 to 489.370, inclusive,
and 489.390 to 489.500, inclusive, are hereby repealed.
2. NRS 489.380 is hereby repealed.
κ1979
Statutes of Nevada, Page 1233 (CHAPTER
592, SB 173)κ
Sec. 118. Sections
11, 97, 101, 102, 113 and 114 and subsection 2 of section 117 of this act shall
become effective at 12:01 a.m. on July 1, 1979.
________
CHAPTER 593, SB 204
Senate Bill No.
204Committee on Taxation
CHAPTER 593
AN ACT relating to governmental finance;
fixing statutory limits on the state budget, on expenditures by local
governments and on the general tax rate; making appropriations; 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
361 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 3.5, inclusive, of this act.
Sec. 2. The total ad valorem tax levy for all public purposes
must not exceed $3.64 on each $100 of assessed valuation, or a lesser or
greater amount fixed by the state board of examiners if the state board of
examiners is directed by law to fix a lesser or greater amount for that fiscal
year.
Sec. 3. 1. In any year in which the total taxes
levied by all overlapping units within the boundaries of the state exceed the
limitation imposed by section 2 of this act, and it becomes necessary for that
reason to reduce the levies made by any of those units, the reduction so made
must be in taxes levied by those units (including the state) for purposes other
than the payment of bonded indebtedness, including interest thereon.
2. The taxes
levied for the payment of bonded indebtedness and the interest thereon enjoy a
priority over taxes levied by each such unit (including the state) for all
other purposes where reduction is necessary to comply with the limitation
imposed by section 2 of this act.
Sec. 3.5. All household goods and furniture used by a single
household and owned by a member of that household are exempt from taxation.
Sec. 4. NRS
361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the
approval of the final budgets for the various local governments as defined in
NRS 354.474 and their submission to the department, for examination and
approval, the Nevada tax commission shall certify to the board of county
commissioners of each of the several counties the combined tax rate necessary
to produce the amount of revenue required by the approved budgets, and shall
certify that combined rate, to each of the boards of county commissioners.
2. Immediately upon adoption of the final
budgets, if the combined tax rate together with the established state tax rate
exceeds the [constitutional tax rate limit,]
limit imposed by section 2 of this act, the
chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the
local governments within the county for the purpose of establishing a combined
tax rate that conforms to the [constitutional limitations.]
κ1979
Statutes of Nevada, Page 1234 (CHAPTER 593, SB 204)κ
shall call a meeting of the governing boards of each of the
local governments within the county for the purpose of establishing a combined
tax rate that conforms to the [constitutional
limitations.] statutory limit. The
chairman shall convene the meeting no later than May 5 of each year.
3. The governing boards of the local
governments shall meet in public session and the county clerk shall keep appropriate
records, pursuant to regulations of the department, of all proceedings. The
costs of taking and preparing the record of the proceedings, including the
costs of transcribing and summarizing tape recordings, shall be borne by the
county and participating incorporated cities in proportion to the final tax
rate as certified by the department. The chairman of the board of county
commissioners or his designee shall preside at the meeting. The governing
boards shall explore areas of mutual concern so as to agree upon a combined tax
rate that does not exceed the [constitutional]
statutory limit. [That
portion of the proposed tax rate of the county school district for the
operation and maintenance of public schools composed of the mandatory tax levy
specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended
tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195
may not be reduced by action of the governing boards in order to establish a
combined tax rate conforming to constitutional limitations; but that portion of
the proposed tax rate of the county school district specified for debt service
requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 is
subject to a rate adjustment by action of the governing boards pursuant to this
section.]
4. The governing boards shall determine
final decisions by a unanimous vote of all entities present and qualified to
vote, as defined in this subsection. No ballot may be cast on behalf of any
governing board unless a majority of the individual board is present. A
majority vote of all members of each governing board is necessary to determine
the ballot cast for that entity. All ballots must be cast not later than the
day following the day the meeting is convened. The district attorney shall be
the legal advisor for such proceedings.
5. The county clerk shall immediately
thereafter advise the department of the results of the ballots cast and the tax
rates set for local governments concerned. If the ballots for the entities
present at the meeting in the county are not unanimous, the county clerk shall
transmit all records of the proceedings to the department within 5 days after
the meeting.
6. If a unanimous vote is not obtained
and the combined rate in any county together with the established state tax
rate exceeds the [constitutional tax rate]
statutory limit, the department shall examine the
record of the discussions and the budgets of all local governments concerned.
On May 25 or, if May 25 falls on a Saturday or Sunday, on the Monday next
following, the Nevada tax commission shall meet to set the tax rates for the
next succeeding year for all local governments so examined. In setting the tax
rates for the next succeeding year the Nevada tax commission shall not reduce
that portion of the proposed tax rate of the county school district for the
operation and maintenance of public schools.
κ1979
Statutes of Nevada, Page 1235 (CHAPTER 593, SB 204)κ
[composed of the mandatory tax
levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the
recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of
NRS 387.195.]
7. Any local government affected by a
rate adjustment, made in accordance with the provisions of this section, which
necessitates a budget revision shall file a copy of its revised budget by June
30 next after the approval and certification of the rate by the Nevada tax
commission.
8. A copy of the certificate of the
Nevada tax commission sent to the board of county commissioners shall be
forwarded to the county auditor.
Sec. 5. NRS
361.482 is hereby amended to read as follows:
361.482 [When
an] The ad valorem tax on property [is] levied by the legislature [for a designated fiscal year, such tax] shall
be collected, in one sum or in installments as provided by this chapter, during
[the designated] each fiscal year upon:
1. Property assessed during that fiscal
year which is not placed upon the secured roll.
2. Property assessed during the preceding
fiscal year which was placed upon the secured roll.
Sec. 6. Chapter
118 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. Unless exempted
by subsection 3, every landlord of real property leased or otherwise rented to
a tenant shall deliver to the tenant in July of each year, and whenever the
periodic rent changes, a statement which shows separately for each periodic
payment of rent:
(a) The amount which
represents property taxes paid by the landlord; and
(b) The remainder of that
payment.
2. If the property
rented is one of several upon which the landlord pays taxes together, the
amount which represents property taxes must be calculated by:
(a) Apportioning the
total property tax paid for the year upon the entire property among the
individual properties rented according to their respective areas.
(b) Reducing the amount
so apportioned to each particular property for the year by the appropriate
fraction to correspond to the period for which rent on it is paid.
3. This section
does not apply to:
(a) Any property covered
by a written agreement which requires the tenant to pay the property tax or
otherwise provides for calculation and notice to the tenant of its amount.
(b) Any lodging unless it
contains its own cooking and toilet facilities, separate from other living
quarters.
(c) Any room in a hotel
or motel.
(d) Any concession within
a larger commercial enterprise, or any other property not customarily used
separately from adjacent units.
(e) Any property for
which the rent is a share of sales or profit.
4. The statements
required in July 1979 by subsection 1 must show, in addition to the information
required as of the date the statement is prepared, the comparable information
as of July 1978. Each landlord of property which
is subject to this section shall reduce the periodic rent otherwise payable by
an amount equal to any reduction from 1978 to 1979 of the amount which
represents property taxes as shown in the statements required by that
subsection.
κ1979
Statutes of Nevada, Page 1236 (CHAPTER 593, SB 204)κ
property which is subject to this
section shall reduce the periodic rent otherwise payable by an amount equal to
any reduction from 1978 to 1979 of the amount which represents property taxes
as shown in the statements required by that subsection.
5. This section
does not purport to regulate the total amount of rent payable.
6. A landlord who
fails to reduce the periodic rent in accordance with subsection 4 is liable to
each tenant whose rent was not properly reduced for an amount equal to three
times the amount which was overpaid by the tenant, unless the landlord shows
good cause for the failure.
Sec. 7. NRS 244.527 is hereby amended to read as
follows:
244.527 1. If the special
fund created by the proceeds of the assessments is insufficient to pay such
bonds and interest thereon as they become due, the deficiency shall be paid out
of any assets in the general fund of the county, regardless of source, which
are otherwise legally available therefor.
2. If the general fund is insufficient to
pay any such deficiency promptly, the board of county commissioners shall levy [, and it shall be its duty to levy,] general
(ad valorem) taxes upon all property in the county which is by law taxable for
state, county and municipal purposes, without regard to any statutory tax
limitation existing on or after April 23, 1969, and without limitation as to
rate or amount, fully sufficient, after making due allowance for probable
delinquencies, to provide for the prompt payment of such bonds as they become
due, both principal and interest, but subject to the limitation of section 2 of
article 10 of the constitution of the State of Nevada.
[3. Any
such tax levy shall enjoy the same priority as provided by NRS 350.600 for
other taxes levied for the payment of bonded indebtedness over taxes levied for
all other purposes where reduction is necessary in order to comply with the
limitations of section 2 of article 10 of the constitution of the State of
Nevada.]
Sec. 8. NRS 244.911 is hereby amended to read as
follows:
244.911 1. If the special
fund created by the proceeds of the assessments is insufficient to pay such
bonds and interest thereon as they become due, the deficiency shall be paid out
of any assets in the general fund of the county, regardless of source, which
are otherwise legally available therefor.
2. If the general fund [shall be] is insufficient
to pay any such deficiency promptly, the board shall levy [, and it shall be its duty to levy,] general
(ad valorem) taxes upon all property in the county which is by law taxable for
state, county and municipal purposes, without regard to any statutory tax
limitation now or hereafter existing, and without limitation as to rate or
amount, fully sufficient, after making due allowance for probable
delinquencies, to provide for the prompt payment of such bonds as they become
due, both principal and interest, but subject to the limitation of section 2 of
article 10 of the constitution of the State of Nevada.
[3. Any
such tax levy shall enjoy the same priority as provided by NRS 350.600 for
other taxes levied for the payment of bonded indebtedness over taxes levied for
all other purposes where reduction is necessary in
order to comply with the limitations of section 2 of article 10 of the
constitution of the state.]
κ1979
Statutes of Nevada, Page 1237 (CHAPTER 593, SB 204)κ
in order to comply with the
limitations of section 2 of article 10 of the constitution of the state.]
Sec. 9. NRS 271.495 is hereby amended to read as
follows:
271.495 1. If the special
fund created by the proceeds of the assessments is insufficient to pay such
bonds and interest thereon as they become due, the deficiency shall be paid out
of any assets in the general fund of the municipality, regardless of source,
which are otherwise legally available therefor.
2. If the general fund [shall be] is insufficient
to pay any such deficiency promptly, the governing body shall levy [, and it shall be its duty to levy,] general
(ad valorem) taxes upon all property in the municipality which is by law
taxable for state, county and municipal purposes, without regard to any
statutory or charter tax limitation now or hereafter existing, and without
limitation as to rate or amount, fully sufficient, after making due allowance
for probable delinquencies, to provide for the prompt payment of such bonds as
they become due, both principal and interest, but subject to the limitation of
section 2 of article 10 of the constitution of the state.
[3. Any
such tax levy shall enjoy the same priority as provided by NRS 350.600 for
other taxes levied for the payment of bonded indebtedness over taxes levied for
all other purposes where reduction is necessary in order to comply with the
limitations of section 2 of article 10 of the constitution of the state.]
Sec. 10. NRS 309.337 is hereby amended to read as
follows:
309.337 The provisions of the Local
Government Securities Law, as from time to time amended, [shall be applicable] apply to any securities authorized to be issued under
NRS 309.332 to 309.339, inclusive, but in the event of conflict the provisions
of NRS 309.332 to 309.339, inclusive, [shall be
controlling. The application of the Local Government Securities Law shall include,
without limitation, the application of NRS 350.600 to any general obligation of
the district.] control.
Sec. 11. Chapter
353 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. In preparing
the state budget for each biennium, the chief shall not exceed the limit upon
total proposed expenditures for purposes other than construction from the state
general fund calculated pursuant to this section. The base for each biennium is
the total expenditure, for the purposes limited, from the state general fund
appropriated and authorized by the legislature for the biennium beginning on
July 1, 1975.
2. The limit for
each biennium is calculated as follows:
(a) The amount of
expenditure constituting the base is multiplied by the percentage of change in
population for the current biennium from the population on July 1, 1974, and
this product is added to or subtracted from the amount of expenditure
constituting the base.
(b) The amount calculated
under paragraph (a) is multiplied by the percentage of inflation or deflation,
and this product is added to or subtracted from the amount calculated under
paragraph (a).
(c) If the amount
resulting from the calculations under paragraph (a) and (b) represents a new
increase over the base biennium the chief may increase the proposed expenditure
accordingly. If the amount represents a net
decrease, the chief shall decrease the proposed expenditure accordingly.
κ1979
Statutes of Nevada, Page 1238 (CHAPTER 593, SB 204)κ
a net decrease, the chief shall
decrease the proposed expenditure accordingly. If the amount is the same as in
the base biennium, the amount is the limit of permissible proposed expenditure.
3. The revised
estimate of population for the state issued by the United States Department of
Commerce as of July 1, 1974, must be used, and the governor shall certify the
percentage of increase or decrease in population for each succeeding biennium.
The Consumer Price Index published by the United States Department of Labor for
July preceding each biennium must be used in determining the percentage of
inflation or deflation.
4. The chief may
exceed the limit to the extent necessary to meet situations in which there is a
threat to life or property.
Sec. 12. NRS
353.150 is hereby amended to read as follows:
353.150 NRS 353.150 to 353.246,
inclusive, and section 3 of [Senate Bill No. 171
of the 60th session of the Nevada legislature, and] chapter 78, Statutes of Nevada 1979, sections 5 and 6
of [this act] chapter 364, Statutes of Nevada 1979, and section 11 of this
act may be cited as the State Budget Act.
Sec. 13. Chapter
354 of NRS is hereby amended by adding thereto the provisions set forth as
sections 14 to 16, inclusive, of this act.
Sec. 14. 1. The amount budgeted by a local government,
except a school district, pursuant to NRS 354.598 for the fiscal year
commencing July 1, 1978, for expenditure from its general fund, less any amount
allowed as an ending balance for that fiscal year and less any contribution to
the state for aid to the medically indigent, is the base from which the
permissible expenditure from that fund in subsequent years must be calculated.
2. The governing
body of a local government, except a school district, shall calculate the level
of permissible expenditure from its general fund for a given year as follows:
(a) The amount of
expenditure in the base year is multiplied by the percentage of change in
population in the current year from the base year and this product is added to
or subtracted from the amount of expenditure in the base year.
(b) The amount calculated
under paragraph (a) is multiplied by 80 percent of the average annual
percentage of inflation or deflation for the 60 months preceding the month of
November preceding the fiscal year for which the budget is prepared and further
multiplied by the number of years from July 1, 1978, to July 1 of the year for
which the budget is prepared, and this product is added to or subtracted from
the amount calculated under paragraph (a).
(c) If the amount
resulting from the calculations under paragraphs (a) and (b) represents a net
increase over the base year, a governing body may increase its expenditure
accordingly. If the amount represents a net decrease, the governing body shall
decrease its expenditure accordingly. If the amount is the same as in the base
year, expenditures must not be increased.
3. The department
of taxation shall disapprove any budget of a governing body which does not
comply with the limitations of subsections 1 and 2.
κ1979
Statutes of Nevada, Page 1239 (CHAPTER 593, SB 204)κ
4. On or before
December 1 of each year, the governor shall certify the percentage of increase
or decrease in population for each county and city. Every other local
government, except a school district, must use the percentage of increase or
decrease in population for the county in which it, or the largest fraction of
its population, is located. If the Nevada tax commission finds that the
percentage of increase or decrease in population so determined for a general
improvement district or other special district differs grossly from the actual
percentage, it may determine an equitable percentage to be used. Any local
government which believes that the percentage certified by the governor is not
a true figure may appeal the certification to the tax commission, which may
increase or decrease the percentage as the evidence before it reasonably
requires. The decision of the tax commission is final.
5. The Consumer
Price Index for All Urban Consumers, published by the United States Department
of Labor, must be used in determining the percentage of inflation or deflation.
6. The governing
body of a local government, except a school district, may exceed the limitation
imposed by subsections 1 and 2:
(a) To the extent
necessary to meet situations not reasonably foreseeable in which there is a
threat to life or property, or requirements for expenditure which are not
subject to the control of the local government, if in either case the
legislative commission approves the proposed expenditure.
(b) To the extent
necessary to provide a new or expanded program of service if:
(1) The program of
service is to be supported entirely by ad valorem taxes which do not exceed the
statutory limit on ad valorem taxes; and
(2) The governing
body proposes the program and it is approved by a majority of the voters voting
on the question in a general election or a special election called for that
purpose.
Such an approval may be made
effective for not more than 2 years.
Sec. 15. 1. Except as otherwise provided in this section,
for the purposes of NRS 354.599 and 354.615 and section 14 of this act,
general fund means the aggregate of all funds supported in whole or in part
by taxes or license fees, except a tax on aviation fuel.
2. The term does
not include:
(a) An enterprise fund;
(b) An intragovernmental
service fund or a trust or agency fund;
(c) A fund set up to
account for one or more projects of capital construction or for revenues from
special assessments;
(d) A debt service fund;
or
(e) A regional street and
highway fund.
3. The limit
imposed by section 14 of this act does not apply to expenditures:
(a) Of a fair and
recreation board or a hospital, except the expenditure of revenue from ad
valorem taxes or license fees for gaming;
(b) Of a metropolitan
police department;
(c) From money
accumulated during several years for a specified purpose; or
(d) Of money received
from the Federal Government.
κ1979
Statutes of Nevada, Page 1240 (CHAPTER 593, SB 204)κ
4. The Nevada tax
commission shall determine the status of any disputed fund by applying
generally recognized principles of governmental accounting. The director of the
department of taxation shall, in cases where the designations or sources of
revenue for the funds of a local government are changed, determine the manner
of taking the changes into account for the purposes of section 14 of this act.
If the proportionate contribution of a local government to the support of an
agency which is jointly supported by two or more local governments and for
which a separate budget is prepared pursuant to this chapter is changed after
the base year, the director shall appropriately adjust the calculations
required by section 14 of this act.
Sec. 16. 1. The Nevada tax commission shall:
(a) Provide by regulation
for reasonable balances to be on hand in funds at the end of a fiscal year, and
for the establishment of reasonable contingency funds.
(b) Establish in each
case the base from which permissible expenditures from the general fund are to
be calculated for a local government established after July 1, 1978.
2. The interim
finance committee may allocate funds from the contingency fund to local
governments for purposes approved by the legislative commission. For purposes
of this section, the legislative commission may approve a local government
request if:
(a) The local government
is a general improvement or other special district and not a county, city, town
or school district;
(b) Services provided by
the local government are in danger of deteriorating because of financial
hardship caused by the imposition of the expenditure limitations of this act;
and
(c) The local government
has no other resources available to it.
Sec. 17. NRS 354.598 is hereby amended to read as
follows:
354.598 1. At the time and
place advertised for public hearing, or at any time and place to which the
public hearing is from time to time adjourned, the governing body shall hold a
public hearing on the tentative budget, at which time interested persons shall
be given an opportunity to be heard.
2. At the public hearing, the governing
body shall indicate changes, if any, to be made in the tentative budget, and
shall adopt a final budget by the favorable votes of a majority of all members
of the governing body. The final budget must be adopted on or before May 1 of
each year. Should the governing body fail to adopt a final budget that complies
with the requirements of law and the regulations of the department of taxation
on or before the required date, the budget adopted and approved by the
department of taxation for the current year, adjusted as to content and rate in
such manner as the department of taxation may consider necessary, automatically
becomes the budget for the ensuing fiscal year. When a budget has been so
adopted by default, the governing body may not reconsider the budget without the
express approval of the department of taxation. If such a default budget exceeds the expenditure permitted by section 14 of this act,
the Nevada tax commission shall reduce the total expenditure to the permitted
amount. If the default budget creates a combined
ad valorem tax rate in excess of the [constitutional limit,] limit imposed by
section 2 of this act, the Nevada tax commission shall adjust the budget as
provided in NRS 361.455.
κ1979
Statutes of Nevada, Page 1241 (CHAPTER 593, SB 204)κ
budget creates a combined ad
valorem tax rate in excess of the [constitutional
limit,] limit imposed by section 2 of this
act, the Nevada tax commission shall adjust the budget as provided in
NRS 361.455.
3. The final budget must be certified by
a majority of all members of the governing body and a copy of it, together with
an affidavit of proof of publication of the notice of the public hearing, must
be transmitted to the Nevada tax commission. If a tentative budget is adopted
by default as provided in subsection 2, the clerk of the governing body shall
certify the budget and transmit to the Nevada tax commission a copy of the
budget, together with an affidavit of proof of the notice of the public
hearing, if that notice was published. Certified copies of the final budget
must be distributed as determined by the department of taxation.
4. Upon the adoption of the final budget
or the amendment of the budget in accordance with NRS 354.606, the several
amounts stated in it as proposed expenditures are appropriated for the purposes
indicated in the budget.
5. No governing body may adopt any budget
which appropriates for any fund any amount in excess of the budget resources of
that fund.
Sec. 18. NRS 354.599 is hereby amended to read as
follows:
354.599 1. In any year in
which the legislature by law increases or decreases the
revenues of a local government, and [such
increase] that increase or decrease was
not included or anticipated in the local governments final budget as adopted
pursuant to NRS 354.598, the governing body of any such local government may, [prior to] before July
15 of the budget year, file an amended budget with the department of taxation
increasing or decreasing its anticipated revenues
and expenditures [over] from that contained in its final budget to the extent
of the actual increase or decrease of revenues [made available by such] resulting from the legislative action.
2. In any year in which the legislature
enacts a law requiring an increase or decrease in
expenditures of a local government, which [expenditures
were] was not anticipated or
included in its final budget as adopted pursuant to NRS 354.598, the governing
body of any such local government may, [prior to]
before July 15 of the budget year, file an
amended budget with the department of taxation providing for an increase or decrease in expenditures [over]
from that contained in its final budget to the
extent of the actual amount made necessary by the legislative action.
3. [Such]
The amended budget, as approved by the department
of taxation, [shall be] is the budget of [such]
the local government for the current fiscal year.
4. The provisions
of this section do not increase the permissible expenditure of a local government
from its general fund.
Sec. 19. NRS 354.615 is hereby amended to read as
follows:
354.615 1. If
resources actually available during a budget period exceed those estimated, a
local government may [institute] augment a budget [augmentation
proceeding] in the manner provided below:
[1.] (a) If it is desired to augment the
appropriations of an appropriation fund, the governing [board]
body shall, by majority vote of all members of the governing [board,] body, adopt a resolution
reciting the appropriations to be augmented, and the nature of the unbudgeted
resources intended to [implement] be used for the augmentation.
κ1979
Statutes of Nevada, Page 1242 (CHAPTER 593, SB 204)κ
members of the governing [board,]
body, adopt a resolution reciting the
appropriations to be augmented, and the nature of the unbudgeted resources
intended to [implement] be used for the augmentation.
[2.] (b) Before the adoption of such resolution, the
governing [board] body shall publish notice of its intention to act
thereon in a newspaper of general circulation in the county for at least one
publication. No vote may be taken upon such [budget
augmentation] a resolution until 10
days after the publication of the notice.
[3.] (c) If it is desired to augment the budget of any
other fund, the governing [board] body shall adopt, by majority vote of all members of
the governing [board,] body, a resolution providing therefor at a regular
meeting of the [board.] body.
[4.] 2. A budget augmentation [shall become] becomes
effective upon delivery to the department of taxation of a certified
copy of the resolution providing therefor.
3. A governing
body shall not increase the budgeted expenditures from its general fund beyond
the amount permitted by section 14 of this act.
Sec. 20. Chapter
387 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. The amount
computed by multiplying the rate levied pursuant to subsection 1 of NRS 387.195
by the average assessed valuation of the school district during the first 3 of
the 4 fiscal years preceding the year for which the tax is levied is the base
amount from which the permissible amount of revenue to be derived from the tax
whose levy is authorized by subsection 1 of NRS 387.195 must be calculated. The
average enrollment in the school district during the same 3 years is the base
enrollment from which changes in enrollment must be calculated.
2. The board of
trustees shall calculate the amount of permissible revenue from the specified
tax for a given year as follows:
(a) The base amount is
multiplied by the percentage of change in enrollment in the current year from
the base enrollment and this product is added to or subtracted from the base
amount.
(b) The amount calculated
under paragraph (a) is multiplied by 80 percent of the average annual
percentage of inflation or deflation for the 60 months preceding the month of
November preceding the fiscal year for which the budget is prepared and this
product is added to or subtracted from the amount calculated under paragraph
(a).
(c) If the amount
resulting from the calculations under paragraphs (a) and (b) represents a net
increase over the base amount, the board of trustees may increase its
recommended levy accordingly. If the amount represents a net decrease, the
board shall decrease its recommended levy accordingly. If the amount is the
same as the base amount, the recommended levy must not be increased.
3. The department
of taxation shall disapprove any tentative budget of a school district which
does not comply with the limitations of subsections 1 and 2.
4. On or before
December 1 of each year, the state board of education shall certify the
percentage of increase or decrease in enrollment for each school district. For
the purposes of this section, enrollment means
the sum of the particular counts of pupils enrolled in and scheduled to attend
programs of instruction in the public schools described in subparagraphs (1) to
(4), inclusive, of paragraph (a) of subsection 1 of NRS 387.1233.
κ1979
Statutes of Nevada, Page 1243 (CHAPTER 593, SB 204)κ
means the sum of the particular
counts of pupils enrolled in and scheduled to attend programs of instruction in
the public schools described in subparagraphs (1) to (4), inclusive, of
paragraph (a) of subsection 1 of NRS 387.1233.
5. The Consumer
Price Index published by the United States Department of Labor must be used in
determining the percentage of inflation or deflation.
Sec. 21. NRS 387.1233 is hereby amended to read
as follows:
387.1233 1. Except as
otherwise provided in subsection 2, basic support of each school district shall
be computed by:
(a) Multiplying the basic support guarantee per
pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils
enrolled in the kindergarten department on the last day of the first school
month of the school year.
(2) The count of pupils enrolled in
grades 1 to 12, inclusive, on the last day of the first school month of the
school year.
(3) The count of handicapped minors
receiving special education pursuant to the provisions of NRS 388.440 to
388.520, inclusive, on the last day of the first school month of the school
year.
(4) The count of children detained in
detention homes and juvenile forestry camps receiving instruction pursuant to
the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the
first school month of the school year.
(5) One-fourth the average daily
attendance — highest 3 months of part-time pupils enrolled in classes and taking
courses necessary to receive a high school diploma.
(b) Multiplying the number of special education
program units maintained and operated by the amount per program established for
that school year.
(c) Multiplying the
assessed valuation of property in the school district, as certified by the
department of taxation for the concurrent school year, by .003 or a greater or
lesser multiplier which corresponds to 80 cents for each $100 of assessed
valuation minus the rate levied for the current fiscal year pursuant to
subsection 1 of NRS 387.195.
(d) Adding the
amounts computed in paragraphs (a) [and (b).]
, (b) and (c).
2. If the sum of the counts prescribed in
subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less
than the sum similarly obtained for the immediately preceding school year, the
larger sum [shall] must be used in computing basic support.
3. Pupils who are excused from attendance
at examinations or have completed their work in accordance with the rules of
the board of trustees [shall] must be credited with attendance during that period.
Sec. 21.5. NRS
387.1235 is hereby amended to read as follows:
387.1235 Local funds available are the [sum of:
1. The amount
computed by multiplying .007 times the assessed valuation of the school
district as certified by the department of taxation for the concurrent school
year; and
2. The]
proceeds of the local school support tax imposed by chapter 374 of NRS. The
department of taxation shall furnish an estimate of [such]
these proceeds to the state board of education on or before July 15 for the
fiscal year then begun, and the state board of education shall adjust the final
apportionment of the concurrent school year to reflect any difference between
[such] the estimate and actual receipts.
κ1979 Statutes
of Nevada, Page 1244 (CHAPTER 593, SB 204)κ
[such] these proceeds to the state board of education on or
before July 15 for the fiscal year then begun, and the state board of education
shall adjust the final apportionment of the concurrent school year to reflect
any difference between [such] the estimate and actual receipts.
Sec. 22. NRS 387.195 is hereby amended to read as
follows:
387.195 1. [At the time of levying county taxes, the board of
county commissioners of each county shall levy a county school district tax.
2. In 1956 and in
each year thereafter when the board of county commissioners levies county
taxes:
(a) It shall be mandatory
for each board of county commissioners to levy a 70-cent tax on each $100 of
assessed valuation of taxable property within the county, which taxes shall be
used by the county school district for the maintenance and operation of the
public schools within the county school district; and
(b)] When
recommended by the board of trustees of the county school district, [in addition to the mandatory levy of taxes provided in
paragraph (a),] each board of county commissioners shall levy a
tax [of not to exceed 80] :
(a) Not more than 50 cents
on each $100 of assessed valuation of taxable property within the county for
the support of the public schools within the county school district [.] or a lesser or
greater amount fixed by the state board of examiners if the state board of
examiners is directed by law to fix a lesser or greater amount for that fiscal
year; or
(b) The rate which will
produce the revenue permitted by section 20 of this act,
whichever is lower.
[(c)] 2. In addition to [the
taxes] any tax levied in accordance with [the
provisions of paragraphs (a) and (b),] subsection
1, each board of county commissioners shall levy a tax for the payment
of interest and redemption of outstanding bonds of the county school district.
Sec. 23. NRS 428.050 is hereby amended to read as
follows:
428.050 1. The board of
county commissioners of a county shall, at the time provided for the adoption
of its final budget, levy an ad valorem tax for the purposes of providing aid
and relief to those persons coming within the purview of this chapter. Such
levy shall not exceed that adopted for the purposes of this chapter for the
fiscal year ending June 30, 1971, [exclusive of
that required by NRS 428.370.] diminished
by 11 cents for each $100 of assessed valuation.
2. No county [shall]
may expend or contract to expend for purposes of
such aid and relief a sum in excess of that provided by the maximum ad valorem
levy set forth in subsection 1, together with such outside resources as it may
receive from third persons, including, but not limited to, expense
reimbursements, grants-in-aid or donations lawfully attributable to the county
indigent fund.
3. No interfund transfer, short-term
financing procedure or contingency transfer may be made by the board of county
commissioners for the purpose of providing resources or appropriations to a
county indigent fund in excess of those which may be otherwise lawfully
provided pursuant to subsections 1 and 2, except that if the health of the poor
is placed in jeopardy and there is a lack of moneys to provide necessary
medical care under this chapter, the board of county
commissioners shall declare an emergency and provide additional funds for
medical care only from whatever resources may be available.
κ1979
Statutes of Nevada, Page 1245 (CHAPTER 593, SB 204)κ
care under this chapter, the board of county commissioners
shall declare an emergency and provide additional funds for medical care only
from whatever resources may be available.
Sec. 24. NRS 428.090 is hereby amended to read as
follows:
428.090 1. When any
nonresident or any other person who meets the uniform standards of eligibility
prescribed by the board of county commissioners falls sick in the county, not
having money or property to pay his board, nursing or medical aid, the board of
county commissioners of the proper county shall, on complaint being made, give
or order to be given such assistance to the poor person as is in accordance
with the policies and standards established and approved by the board of county
commissioners and within the limits of funds which may be lawfully appropriated
for this purpose pursuant to NRS 428.050.
2. If such sick person shall die, then
the board of county commissioners shall give or order to be given to such
person a decent burial.
3. The board of county commissioners
shall make such allowance for board, nursing, medical aid or burial expenses as
the board shall deem just and equitable, and order the same to be paid out of
the county treasury.
4. The responsibility of the board of
county commissioners to provide medical aid or any other type of remedial aid
under this section shall be relieved to the extent of the amount of money or
the value of services provided by the welfare division of the department of
human resources to or for such persons for medical care or any type of remedial
care under the provisions of NRS 428.150 to [428.370,]
428.360, inclusive.
Sec. 25. NRS 428.160 is hereby amended to read as
follows:
428.160 As used in NRS 428.150 to [428.370,] 428.360,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 428.170 to 428.250, inclusive, shall have the meanings ascribed
to them in such sections.
Sec. 26. NRS 428.170 is hereby amended to read as
follows:
428.170 Applicant means any individual
who has applied for assistance under NRS 428.150 to [428.370,]
428.360, inclusive.
Sec. 27. NRS
428.250 is hereby amended to read as follows:
428.250 State aid to the medically
indigent means the payment for part or all of the cost of medical or remedial
care rendered on behalf of individuals as provided in NRS 428.150 to [428.370,] 428.360,
inclusive, and in the rules and regulations of the division.
Sec. 28. NRS 428.260 is hereby amended to read as
follows:
428.260 The department of human resources
through the division shall:
1. Administer the plan for assistance to
the medically indigent.
2. Serve as the single agency responsible
for carrying out the provisions of NRS 428.150 to [428.370,]
428.360, inclusive.
3. Cooperate with the Federal Government
in matters of mutual concern pertaining to state aid to the medically indigent.
4. Make such rules and regulations and
take such action as may be necessary or desirable to carry out the provisions
of NRS 428.150 to [428.370,] 428.360, inclusive, including but not limited to:
κ1979
Statutes of Nevada, Page 1246 (CHAPTER 593, SB 204)κ
(a) The establishment of reasonable standards
consistent with the objectives of NRS 428.150 to [428.370,]
428.360, inclusive, to determine eligibility for
medical and connected or other services or for other services; and
(b) The determination of the nature and extent
of such assistance.
5. Provide for cooperation between the
welfare division and the health division of the department of human resources,
and cooperate with the state board for vocational education, for maximum
utilization of health and vocational rehabilitation services in the provision
of medical or remedial care under NRS 428.150 to [428.370,]
428.360, inclusive.
Sec. 29. NRS 428.280 is hereby amended to read as
follows:
428.280 1. All individuals
wishing to make application for assistance under NRS 428.150 to [428.370,] 428.360,
inclusive, shall have the opportunity to do so.
2. The application for assistance shall:
(a) Be made as prescribed by the division; and
(b) Provide such information as may be required
by the division.
3. An application need not be made under
oath, but any individual making such application who willfully states therein
as true any material matter which he knows to be false shall be subject to the
penalties for perjury as provided by law.
Sec. 30. NRS 428.330 is hereby amended to read as
follows:
428.330 1. Subject to the
approval of the board, the state welfare administrator shall establish the
rates or fee schedules for medical or remedial care to be provided under NRS
428.150 to [428.370,] 428.360, inclusive.
2. Such rates or fees shall reflect a
reasonable cost for providing medical or remedial care and shall be determined
by taking into account legislative appropriations to the division.
3. The division may enter into contracts
providing arrangements under which funds available for medical or remedial care
under NRS 428.150 to [428.370,] 428.360, inclusive, shall be administered and disbursed
to providers of medical or remedial care in consideration for services rendered
and supplies furnished by them in accordance with the provisions of the
applicable contract and any schedule of charges or formula for determining
payment established pursuant to such contract.
Sec. 31. NRS 428.350 is hereby amended to read as
follows:
428.350 1. For the purpose
of restricting the use or disclosure of any information concerning applicants
for and recipients of assistance to purposes directly connected to the
administration of NRS 428.150 to [428.370,]
428.360, inclusive, by the division, and to
provide safeguards therefor, under the applicable provisions of the Social
Security Act, the division is authorized, empowered and directed to establish
and enforce reasonable rules and regulations governing the custody, use and
preservation of records, files and communications filed with the division.
2. Wherever, under provisions of law or
regulations of the division, names and addresses of, or information concerning,
applicants for and recipients of assistance are furnished to or held by any
other agency or department of government, such agency or department of
government shall be bound by the rules and regulations of
the division concerning the use of such information.
κ1979
Statutes of Nevada, Page 1247 (CHAPTER 593, SB 204)κ
shall be bound by the rules and regulations of the division
concerning the use of such information.
3. Except for purposes directly connected
with the administration of NRS 428.150 to [428.370,]
428.360, inclusive, no person may publish,
disclose, use or permit or cause to be published, disclosed or used any
confidential information pertaining to a recipient of assistance under the
provisions of NRS 428.150 to [428.370,]
428.360, inclusive.
Sec. 32. NRS 428.360 is hereby amended to read as
follows:
428.360 Moneys appropriated by the
legislature [,] and moneys received from the United States pursuant to
Title XIX of the Social Security Act [and moneys
received from the counties pursuant to NRS 428.370] shall be used
for expenses of administration and provision of medical or remedial care under
NRS 428.150 to [428.370,] 428.360, inclusive.
Sec. 33. 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,] must, 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] must 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.
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] must be distributed monthly as provided in subsection
5.
5. The distribution of the privilege tax
within a county [shall] must 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] must 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 [.] ,
except that the tax rate for school districts is the rate established pursuant
to NRS 361.455 for the fiscal year beginning on July 1, 1978. Local
governments, other than incorporated cities, [shall]
are entitled to 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]
must be paid to the counties for distribution to the
other local governments.
κ1979
Statutes of Nevada, Page 1248 (CHAPTER 593, SB 204)κ
must 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] must 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]
must 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.
Sec. 34. Section
115 of chapter 338, Statutes of Nevada 1979, 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 must, 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 must 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.
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 must be distributed monthly as
provided in subsection 5.
κ1979
Statutes of Nevada, Page 1249 (CHAPTER 593, SB 204)κ
5. The
distribution of the privilege tax within a county must 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 must 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, except that the tax rate for school districts is the rate
established pursuant to NRS 361.455 for the fiscal year beginning on July 1,
1978. Local governments, other than incorporated cities, are entitled to
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 must
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 must 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 must 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.
Sec. 35. NRS 539.6363 is hereby amended to read
as follows:
κ1979
Statutes of Nevada, Page 1250 (CHAPTER 593, SB 204)κ
539.6363 1. To levy and
collect taxes, the board of directors shall:
(a) Determine in each year the amount of money
necessary to be raised by general (ad valorem) taxation, taking into
consideration other sources of revenue of the district; and
(b) Fix a rate of levy which, when levied upon
every dollar of assessed valuation of taxable property within the district and
together with other revenues, will raise the amount required by the district
annually to supply funds for paying promptly in full, when due, all interest on
and principal of bonds of the district. In the event of accruing defaults or
deficiencies, an additional levy may be made as provided in NRS 539.6364.
2. The board of directors shall certify
to the board of county commissioners of each county within the district, or
having a portion of its territory within the district, at the same time as
fixed by law for certifying thereto tax levies of incorporated cities, the rate
so fixed, with directions that at the time and in the manner required by law
for levying taxes for county purposes, such board of county commissioners shall
levy such tax upon the assessed valuation of all taxable property within the
district, in addition to such other taxes as may be levied by such board of
county commissioners at the rate so fixed and determined.
3. The board of directors shall levy such
general (ad valorem) taxes upon all property in the district which is by law
taxable for state, county and municipal purposes, without regard to any
statutory tax limitation now or hereafter existing and without limitation as to
rate or amount, fully sufficient, after making due allowance for probable
delinquencies, to provide for the prompt payment of such bonds as they become
due, both principal and interest, but subject to the limitation of section 2 of
article 10 of the constitution of the state.
[4. Any
such general (ad valorem) tax levy shall enjoy the same priority as provided by
NRS 350.600, as from time to time amended, for other taxes levied for the
payment of bonded indebtedness over taxes levied for all other purposes where
reduction is necessary in order to comply with the limitations of section 2 of
article 10 of the constitution of the state.]
Sec. 36. NRS 349.246, 350.600 and 428.370 are
hereby repealed.
Sec. 37. 1. For
the purpose of preparing budgets for the fiscal year beginning July 1, 1979,
the governor shall certify the percentage of increase or decrease in population
of each city and county on or before the 5th day after the effective date of
this section. Each local government shall, with the approval of the department
of taxation, revise its budget if and to the extent necessary to comply with
the provisions of this act.
2. Between the effective date of this
section and July 1, 1979, the Nevada tax commission shall revise any individual
or combined tax rate previously certified to a board of county commissioners
for levy to be collected during the fiscal year 1979-80, if and to the extent
necessary to comply with the provisions of this act.
3. Each county auditor, with the
assistance of the county assessor as appropriate, shall remove from the tax
roll as prepared for collection during the fiscal year 1979-80 all assessments
of household goods and furniture used by a single household and owned by a
member of that household, or subtract the appropriate
amounts if the roll has been extended.
κ1979
Statutes of Nevada, Page 1251 (CHAPTER 593, SB 204)κ
household, or subtract the appropriate amounts if the roll
has been extended.
4. The first installment of taxes
assessed upon the real property tax roll for collection in 1979-80 is due and
payable on the 1st Monday of August 1979.
5. The date for notifying a claimant
pursuant to NRS 361.841 is postponed to July 31, 1979, and the date for making
a refund to a home renter is postponed to September 15, 1979.
Sec. 38. 1. There
is hereby appropriated from the state general fund to the state distributive
school fund:
(a) For the fiscal year 1979-80, the sum of
$57,546,987.
(b) For the fiscal year 1980-81, the sum of
$67,730,448.
(c) If the state board of examiners has set the
multiplier used in paragraph (c) of subsection 1 of NRS 387.1233 above .003,
the additional sum of $12,240,000 for the fiscal year 1980-81.
The sums appropriated by this section are available for both
fiscal years and may be transferred from one fiscal year to another with the
approval of the interim finance committee.
2. For the purposes of this section, the
relevant taxes are:
(a) The tax accrued pursuant to the Sales and
Use Tax Act. The increase in its yield is determined by comparing the total
accruals for the three calendar quarters beginning July 1, 1979, and ending
March 31, 1980, with the total accruals for the three calendar quarters
beginning July 1, 1978, and ending March 31, 1979.
(b) The quarterly state license fee based upon
gross revenue from gaming, collected pursuant to NRS 463.370. The increase in
its yield is determined by comparing the total collections for the three
calendar quarters beginning July 1, 1979, and ending March 31, 1980, with the
total collections for the three calendar quarters beginning July 1, 1978, and
ending March 31, 1979.
3. For the fiscal year 1980-81, if the
combined increase in yield of the relevant taxes is in one of the ranges
tabulated below, the state board of examiners shall fix a greater or lesser
multiplier to be used in the calculation required by paragraph (c) of
subsection 1 of NRS 387.1233 and the corresponding lesser or greater amount of
the optional school levy which may be made under subsection 1 of NRS 387.195
and a greater or lesser combined tax rate as specified in section 2 of this
act, as specified below for the respective ranges:
School levy Maximum
Equal to or But
less (cents per combined
greater than than Multiplier $100) rate
....................... 2 percent .0000 $0.80 $3.94
2 percent 3 percent .0001 .79 3.93
3 percent 4 percent .0004 .76 3.90
4 percent 5 percent .0007 .73 3.87
5 percent 6 percent .0010 .70 3.84
6 percent 7 percent .0013 .67 3.81
7 percent 8 percent .0017 .63 3.77
8 percent 9 percent .0020 .60 3.74
9 percent 10 percent .0023 .57 3.71
10 percent 12 percent .0030 .50 3.64
κ1979
Statutes of Nevada, Page 1252 (CHAPTER 593, SB 204)κ
School
levy Maximum
Equal to or But
less (cents per combined
greater than than Multiplier $100) rate
12 percent 13 percent .0032 $0.48 $3.62
13 percent 14 percent .0035 .45 3.59
14 percent 15 percent .0038 .42 3.56
15 percent 16 percent .0042 .38 3.52
16 percent 17 percent .0045 .35 3.49
17 percent ................. .0048 .32 3.46
4. Before fixing a multiplier and the
corresponding amount of the school levy, the state board of examiners shall
determine that there is sufficient money in the state distributive school fund
to permit the allocation of the additional amount required by that multiplier.
In making this determination, the board shall review enrollments for 1979-80,
estimated enrollments for 1980-81, information on property assessments for the 1980-81
tax year, and the anticipated level of receipts in the state distributive school
fund from revenue sharing, slot machine tax credit, federal land leasing and
local school support tax from out-of-state businesses. If there is not
sufficient money in the state distributive school fund to allow the multiplier
first proposed, the multiplier must be reduced to the highest multiplier for
which there is determined to be sufficient money, and the school levy must be
set to correspond.
Sec. 39. 1. This
section and section 37 of this act shall become effective upon passage and approval.
2. Sections 1 to 36, inclusive, of this
act shall become effective upon passage and approval for the purposes of
preparing budgets and calculating levies.
3. For all other purposes:
(a) Sections 4, 12 and 17 of this act shall
become effective at 12:01 a.m. on July 1, 1979;
(b) Sections 33 and 34 of this act shall become
effective at 12:02 a.m. on July 1, 1979; and
(c) The remaining sections of this act shall
become effective on July 1, 1979.
4. Sections 1 through 36, inclusive, of
this act expire by limitation on June 30, 1981, if before that date the
constitution of the State of Nevada is amended to limit the amount of general
(ad valorem) taxes on real property to $1 for each $100 of full cash value, or
to any lesser amount.
________
κ1979
Statutes of Nevada, Page 1253κ
CHAPTER 594, SB 231
Senate Bill No.
231Committee on Commerce and Labor
CHAPTER 594
AN ACT relating to professions,
occupations and businesses; regulating the practices of audiology and speech
pathology; creating the board of examiners for audiology and speech pathology
and providing its organization, powers and duties; providing for licensing and
disciplinary actions; 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. Title
54 of NRS is hereby amended by adding thereto a new chapter to consist of the
provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. The
practice of audiology and the practice of speech pathology are hereby declared
to be learned professions, affecting public safety and welfare and charged with
the public interest, and are therefore subject to protection and regulation by
the state.
Sec. 3. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in sections 4 to 8, inclusive, of this act have the meanings
ascribed to them in those sections.
Sec. 4. Audiologist
means any person who engages in the practice of audiology.
Sec. 5. Board
means the board of examiners for audiology and speech pathology.
Sec. 6. Practice
of audiology consists of holding out to the public, or rendering, services for
the measurement, testing, appraisal, prediction, consultation, counseling,
research or treatment of hearing and hearing impairment for the purpose of
modifying disorders in communication involving speech, language and hearing.
Sec. 7. Practice
of speech pathology consists of holding out to the public, or rendering,
services for the measurement, testing, identification, prediction, counseling,
research or treatment of speech, voice or language for modifying disorders in
communication involving speech, voice or language.
Sec. 8. Speech
pathologist means any person who engages in the practice of speech pathology.
Sec. 9. The
provisions of this chapter do not apply to:
1. Any physician or any person who is
working under the direct supervision of a physician and for whom the physician
is directly responsible.
2. Any hearing aid specialist who is
licensed pursuant to chapter 637A of NRS and who is acting within the scope of
his license.
3. Any person who:
(a) Holds a current credential as an audiologist
or a speech pathologist issued by the state department of education;
(b) Is employed as an audiologist or a speech
pathologist by a federal agency or the department of human resources;
(c) Is a graduate student intern enrolled in the
University of Nevada and is pursuing a graduate degree in audiology or speech
pathology; or
κ1979
Statutes of Nevada, Page 1254 (CHAPTER 594, SB 231)κ
(d) Is a registered nurse employed as a school
nurse,
and who does not engage in the private practice of audiology
or of speech pathology in this state.
Sec. 10. Nothing
in this chapter prohibits the use of the title certified hearing aid
audiologist by a person who has been so certified by the National Hearing Aid
Society.
Sec. 11. 1. The
board of examiners for audiology and speech pathology, consisting of five
members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Two members who have been engaged in the
practice of speech pathology for 2 years or more;
(b) One member who has been engaged in the
practice of audiology for 2 years or more;
(c) One member who is a physician and who is
certified by the board of medical examiners as a specialist in otolaryngology,
pediatrics or neurology; and
(d) One member who is a representative of the
general public.
3. Members of the board who are speech
pathologists and audiologists must be representative of the university, public
school, hospital or private aspects of the practice of audiology and of speech
pathology.
4. Each member of the board who is a
speech pathologist or audiologist must hold a current license issued pursuant
to this chapter or a current certificate of clinical competence from the
American Speech and Hearing Association.
5. The member who is a representative of
the general public may not participate in preparing, conducting or grading any
examination required by the board.
Sec. 12. 1. The
board shall elect from its members a president, a vice president and a
secretary-treasurer. The officers of the board hold their respective offices at
its pleasure.
2. The board shall receive through its
secretary-treasurer applications for the licenses to be issued pursuant to this
chapter.
3. The secretary-treasurer is entitled to
receive a salary. The board shall determine the amount of the salary.
Sec. 13. 1. The
board shall meet at least annually and may meet at other times on the call of
the president or a majority of its members.
2. A majority of the board constitutes a
quorum to transact all business.
Sec. 14. Members
of the board are not entitled to receive compensation for service as members,
but are entitled to receive the subsistence allowance and travel expenses
provided by law.
Sec. 15. The
board may, from time to time, adopt regulations necessary to enable it to carry
out the provisions of this chapter.
Sec. 16. The
board shall operate on the basis of a fiscal year commencing on July 1 and
ending on June 30.
Sec. 17. All
fees collected under the provisions of this chapter must be paid to the
secretary-treasurer of the board to be used for the purpose of defraying the
necessary expenses of the board. The secretary-treasurer shall deposit the fees
in qualified banks or savings and loan associations in this state.
κ1979
Statutes of Nevada, Page 1255 (CHAPTER 594, SB 231)κ
Sec. 18. 1. An
applicant for a license to engage in the practice of audiology or speech
pathology shall be issued a license by the board if he:
(a) Is over the age of 21 years;
(b) Is a citizen of the United States, or who is
lawfully entitled to remain and work in the United States;
(c) Is of good moral character;
(d) Meets the requirement for education or
training and experience provided by subsection 2;
(e) Has completed at least 150 clock hours of
supervised clinical experience in audiology or speech pathology, or both;
(f) Applies for the license in the manner
provided by the board;
(g) Passes any examination required by this
chapter; and
(h) Pays the fees provided for in this chapter.
2. An applicant must possess a bachelors
degree in audiology or in speech pathology from an accredited educational
institution or possesses equivalent training and experience. If he seeks to
qualify on the basis of equivalent training and experience, the applicant must
submit to the board satisfactory evidence that he has obtained at least 38
semester credits, or equivalent quarter credits, in courses related to the
normal development, function and use of speech and language or hearing,
including but not limited to the management of disorders of speech or hearing and
the legal, professional and ethical practices of audiology or speech pathology.
Sec. 19. 1. Examinations
for licensing must be given at least once a year at the time and place fixed by
the board.
2. The examination must be fair and
impartial, practical in character, and the questions must be designed to
discover the applicants fitness.
3. The board shall determine what
constitutes a passing grade, except that in making that determination, the
board shall act fairly and impartially. If the board elects to use a standard
examination which is administered nationally, the board may not establish a
minimum passing grade which is higher than the national standard established
for the examination.
Sec. 20. The
board shall waive examination and issue a license to any applicant who:
1. Applies for the license in writing to
the board not later than December 31, 1979;
2. Is a resident of this state and has
been principally employed in the practice of audiology or speech pathology in
this state for at least 1 year before July 1, 1979; and
3. Pays to the board the required license
fee.
Sec. 21. The
board may issue a license without examination to a person who holds:
1. A current license to practice
audiology or speech pathology in a state whose licensing requirements at the
time the license was issued are deemed by the board to be practically
equivalent to those provided by this chapter; or
2. A certificate of clinical competence
issued by the American Speech and Hearing Association in
the field of practice for which the person is applying for a license.
κ1979
Statutes of Nevada, Page 1256 (CHAPTER 594, SB 231)κ
Speech and Hearing Association in the field of practice for
which the person is applying for a license.
Sec. 22. 1. The
board shall issue a temporary license to practice audiology or speech
pathology, upon application and the payment of the required fee, to any person
who is so licensed in another state and who meets all the qualifications for
licensing in this state other than passing the examination.
2. A temporary license issued pursuant to
this section is valid until the board publishes the results of the examination
next administered after the license is issued.
Sec. 23. 1. All
licenses, issued pursuant to this chapter, except a temporary license, expire
on June 30 of the second year after their issuance.
2. Each holder of a license to practice
audiology or speech pathology, except a temporary license, who meets any
requirements for continuing education prescribed by the board may renew his
license upon payment of the biennial renewal license fee before the expiration
of this license.
3. If a licensee fails to pay the
biennial renewal license fee before the expiration of his license, the license
may be renewed only upon the payment of the reinstatement fee in addition to
the biennial renewal license fee. A license may be renewed under this
subsection only if all fees are paid within 3 years after the license has
expired.
Sec. 24. The
board may adopt regulations setting standards for ethical conduct and requiring
continuing education as a prerequisite for the renewal of any license issued
under this chapter. Any regulations adopted by the board under this section
shall establish standards which make reasonably current knowledge the basis for
a high standard of practice by audiologists and speech pathologists in this
state.
Sec. 25. 1. The
board shall charge and collect only the following fees whose amounts must be
determined by the board, but may not exceed:
Application fee for license to
practice speech pathology........................... $100
Application fee for license to
practice audiology......................................... 100
Biennial license renewal fee.............................................................................. 50
Reinstatement fee............................................................................................... 25
2. All fees are payable in advance and
may not be refunded.
Sec. 26. The
grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law
regarding the possession, distribution or use of any controlled substance as
defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of
NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of a license
to practice audiology or speech pathology by any other jurisdiction.
4. Gross or repeated malpractice.
5. Professional incompetence.
Sec. 27. 1. A
complaint may be made against any applicant for a license
or any licensee charging one or more of the grounds for disciplinary action
with such particularity as to enable the defendant to prepare a defense.
κ1979
Statutes of Nevada, Page 1257 (CHAPTER 594, SB 231)κ
license or any licensee charging one or more of the grounds
for disciplinary action with such particularity as to enable the defendant to
prepare a defense.
2. The complaint must be in writing and
be signed and verified by the person making it.
Sec. 28. Not
later than 15 days after the filing of a complaint, the board shall fix a date
for the hearing, which date must not be less than 20 days nor more than 45 days
after the date the complaint is filed. The board shall immediately mail to the
defendant, by certified mail, return receipt requested, a copy of the complaint
and a notice showing the time, date and place of the hearing.
Sec. 29. If,
after the hearing, the board determines that the applicant or licensee has
committed any act which constitutes grounds for disciplinary action, the board
may in the case of the applicant refuse to issue a license, and in all other
cases:
1. Refuse to renew a license;
2. Revoke a license;
3. Suspend a license for a definite time,
not to exceed 1 year;
4. Administer to the licensee a public or
private reprimand; or
5. Impose a civil penalty not to exceed
$1,000.
Sec. 30. 1. The
board through its president or secretary-treasurer may maintain in any court of
competent jurisdiction a suit for an injunction against any person practicing
audiology or speech pathology without a license valid under this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage
sustained by any person, this provision being a preventive as well as a
punitive measure.
(b) Shall not relieve such person from criminal
prosecution for practicing without a license.
Sec. 31. No
person may engage in the practice of audiology or speech pathology in this
state without first obtaining a license to do so as provided in this chapter.
Sec. 32. An
audiologist or speech pathologist who is not also a physician shall not
prescribe or administer drugs or pierce or sever any body tissue.
Sec. 33. Any
person who violates any of the provisions of this chapter is guilty of a
misdemeanor.
Sec. 34. The
governor shall appoint the members of the board of examiners for audiology and
speech pathology to terms as follows:
1. One of the speech pathologists to a
term ending June 30, 1980.
2. The audiologist and the physician to
terms ending June 30, 1981.
3. The remaining speech pathologist and
the representative of the general public to terms ending June 30, 1982.
________
κ1979
Statutes of Nevada, Page 1258κ
CHAPTER 595, SB 239
Senate Bill No.
239Senator Blakemore
CHAPTER 595
AN ACT relating to general improvement
districts; providing that a person residing in a district need not register
anew for a district election if he is otherwise registered to vote; clarifying
that registration to vote in a district election is not separate from county
registration under the general election laws; 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
318.09525 is hereby amended to read as follows:
318.09525 1. Any person
residing within a district who is otherwise qualified to vote at general
elections in this state may register to vote in district elections by appearing
before the county clerk or registrar of voters of the county in which [such] the district
is located [,] and completing an affidavit of registration [and giving true and satisfactory answers to all
questions relevant to the persons right to vote in district elections.]
in accordance with the general election laws of this
state. Registration for a district election which is not held simultaneously
with a general election must close at 5 p.m. of the fifth Friday preceding the
district election and registration offices must be open from 9 a.m. to 5 p.m.,
excluding Saturdays, during the last days before the
close of registration. If a person residing
within a district is otherwise registered to vote, no new registration for
district elections is required. [As full
compensation for services rendered pursuant to this subsection the county clerk
or registrar of voters is entitled to receive from the district on behalf of
the county the sum of 15 cents for each registration. All money so received by
the county clerk or registrar of voters must be deposited by him to the credit
of the general fund of the county.
2. Within 30 days
after April 29, 1977, the board of trustees of each existing district shall
cause to be filed with the county clerk or registrar of voters of the county in
which the district is located a copy of its original official plat and changes
thereto theretofore filed with the county recorder and county assessor. Upon
receipt of such plats the]
2. The
county clerk or registrar of voters shall, at the expense of the
district, prepare and maintain a list of all
registered voters residing within the district. [Subsequent
registrations must be added to the list as they occur.] The county clerk or registrar of voters is entitled to receive
on behalf of the county the sum of 15 cents for each registration placed on the
list. All money so received must be deposited to the credit of the general fund
of the county.
3. Whenever a district election is required
the county clerk or registrar of voters shall submit [a
list of] the current list, showing all
persons who [have] are registered to vote in [the
district elections] that election, to
the election officers who are charged with the duty of conducting the required
election.
Sec. 2. This
act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979
Statutes of Nevada, Page 1259κ
CHAPTER 596, SB 260
Senate Bill No.
260Committee on Transportation
CHAPTER 596
AN ACT relating to highway construction;
authorizing the issuance of bonds to provide funds to complete highway
construction projects; 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
408 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
The state board of examiners
shall, when so requested by the board of directors of the department of
transportation, issue special obligation bonds of the State of Nevada to
provide money to enable the department of transportation to complete pending
and currently projected highway construction projects, in an amount specified
in the request. The bonds may be issued at one time or from time to time, and must
be issued in accordance with the State Securities Law. These bonds must be
secured by a pledge of the appropriate Federal highway grants payable to the
state and by taxes which are credited to the state highway fund and must mature
within not more than 5 years from their date.
________
CHAPTER 597, SB 262
Senate Bill No.
262Senator Blakemore
CHAPTER 597
AN ACT relating to the leasing of
vehicles; requiring disclosures and specifying the rights and liabilities of
the lessor and the lessee upon the termination or expiration of a lease; 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
100 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act:
1. Commercial
vehicle lease means a bailment or lease of a single vehicle by a person for a
period of more than 4 months for a total contractual obligation not exceeding
$25,000, primarily for business or commercial purposes, whether or not the
lessee has the option to purchase or otherwise become the owner of the vehicle
at the termination or expiration of the lease. The term includes a bailment or
lease where the lessee becomes or may become owner of the vehicle by payment to
the lessor of an amount which is substantially equal to the residual value or the
unamortized capital cost, if the payment is not nominal. The term does not
include a bailment or lease where the lessee contracts to pay as compensation
for use of the vehicle a sum substantially equivalent to or in excess of the capitalized cost of the vehicle and it is
agreed that the lessee may become the owner for no other consideration or for a
nominal consideration.
κ1979
Statutes of Nevada, Page 1260 (CHAPTER 597, SB 262)κ
in excess of the capitalized cost of
the vehicle and it is agreed that the lessee may become the owner for no other
consideration or for a nominal consideration.
2. Person
includes any governmental entity.
3. Vehicle means
every device in, upon or by which any person or property is or may be
transported upon a public highway, except devices:
(a) Moved by human power;
(b) Used exclusively upon
stationary rails or tracks; or
(c) Having a gross
vehicle weight of more than 10,000 pounds, exclusive of the weight of any
slide-in camper as defined in NRS 482.113 which may be on it.
4. Vehicle lease
means a bailment or lease of a single vehicle by a person for a period of more
than 4 months where the lessees obligation upon termination or expiration of
the lease is based on the excess of the unamortized capitalized cost of the
vehicle over its residual value as established pursuant to the provisions of
section 7 of this act. The term includes a bailment or lease where the lessee
becomes or may become owner of the vehicle by payment to the lessor of an
amount which is substantially equal to the residual value or the unamortized
capitalized cost, if the payment is not nominal.
Sec. 3. 1. Before a commercial vehicle lease is
consummated, the lessor must give the lessee a dated written statement on which
the lessor and lessee are identified and the following information with respect
to the lease is set out accurately in a clear and conspicuous manner:
(a) A brief description
or identification of the leased vehicle.
(b) The amount of any
payment by the lessee required at the inception of the lease.
(c) The amount paid or
payable by the lessee for any official fees, registration, certificate of
title, license fees and taxes.
(d) The amount of other
charges payable by the lessee not included in the periodic payments and a
description of those charges.
(e) A statement of the
amount or the method of determining the amount of any liabilities the lease
imposes upon the lessee at the end of the term and whether or not the lessee
has the option to purchase the leased vehicle and:
(1) If at the
expiration of the lease, at what price.
(2) If before the
end of the lease term, at what time and the price or the method of determining
the price.
(f) A statement
identifying all express warranties and guarantees made by the manufacturer or
lessor with respect to the leased vehicle, and identifying the party
responsible for maintaining or servicing the leased vehicle, together with a
description of the responsibility.
(g) A brief
identification of insurance required in connection with the lease, including:
(1) If provided or
paid by the lessor, the types and amounts of coverages and costs to the lessee.
(2) If not
provided or paid by the lessor, the types and amounts of coverages required of
the lessee.
(h) A description of any
security interest held or to be retained by the lessor in connection with the
lease and a clear identification of the property to which the security interest
relates.
κ1979
Statutes of Nevada, Page 1261 (CHAPTER 597, SB 262)κ
(i) The number, amount
and due dates or periods of payments under the lease and the total amount of
the periodic payments.
(j) Where the lease
provides that the lessee is liable for either the estimated residual value of
the vehicle or its unamortized capitalized cost on expiration of the lease, the
fair market value of the vehicle at the inception of the lease, the aggregate
cost of the lease on expiration and the differential between them.
(k) A statement of the
conditions under which the lessee or lessor may terminate the lease before the
end of the term and the amount or the method of determining the amount of any
penalty or other charge for delinquency, default, late payments or early
termination.
(l) That the lessee is
liable for the differential, if any, between:
(1) The estimated
residual value of the leased vehicle and its actual residual value at the
expiration of the lease, if the lessee has such liability; or
(2) The
unamortized capitalized cost of the vehicle and its actual residual value at
the expiration of the lease, if the lessee has such liability.
2. A lessee is not
liable for the differential between the unamortized capitalized cost of the
leased vehicle (where that amount differs from the estimated residual value)
and the actual residual value at the expiration of the lease unless the lessor
discloses the estimated residual value of the vehicle and the limitation of
expiration liability exclusively associated with its use and the lessee
specifically agrees to the use of an amount other than the estimated residual
value. Such disclosure and agreement must be set forth in 10-point typeface and
be acknowledged by the lessees initials.
3. The disclosures
required by subsections 1 and 2 may be made in the lease contract to be signed
by the lessee.
4. The lessor
shall provide accurate information in the disclosure statement, but if he is
not in a position to know exact information for a particular portion of the
statement, he may give that portion in the form of an estimate if he identifies
the information as an estimate.
Sec. 4. 1. Except as otherwise provided in this
section, any lessor under a commercial vehicle lease who fails to comply with
the requirements of section 3 of this act with respect to any lessee is liable
to the lessee for the sum of:
(a) Any actual damage
sustained by such person as a result of the failure;
(b) Twenty-five percent
of the total amount of monthly payments under the lease, but not less than $100
nor more than $1,000; and
(c) In the case of any
successful action to enforce the foregoing liability, the costs of the action,
together with a reasonable attorneys fee as determined by the court.
2. A lessor has no
liability under this section for any failure to comply with any requirement
imposed under section 3 of this act if within 15 days after discovering an
error, and prior to the institution of an action under this section or the
receipt of written notice of the error, the lessor notifies the lessee of the
error and makes whatever adjustments in the appropriate account are necessary
to insure that the lessee will not be required to pay a charge in excess of the
amount actually disclosed or correctly determined.
κ1979
Statutes of Nevada, Page 1262 (CHAPTER 597, SB 262)κ
3. A lessor may
not be held in any action brought under this section for a violation of section
3 of this act if the lessor shows by a preponderance of evidence that the
violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to avoid any
such error.
4. No provision of
this section imposing any liability applies to any act done or omitted in good
faith in conformity with any rule, regulation or interpretation by the Board of
Governors of the Federal Reserve System or in conformity with any
interpretation or approval by an official or employee of the Federal Reserve
System duly authorized by the Board to issue such interpretation or approvals
under such procedures as the Board may prescribe therefor, even if after the
act or omission has occurred, the rule, regulation, interpretation or approval
is amended, rescinded or determined by judicial or other authority to be
invalid for any reason.
5. The multiple
failure to disclose to any lessee any information required to be disclosed in
connection with a single commercial vehicle lease entitles the lessee to a
single recovery under this section but continued failure to disclose after a
recovery has been granted gives rise to rights to additional recoveries.
6. A lessee may
not take any action to offset any amount for which a lessor is potentially
liable against any amount owing to the lessor by the lessee unless the amount
of the lessors liability to the lessee has been determined by judgment of a
court of competent jurisdiction.
Sec. 5. 1. Where the commercial vehicle lease contains an
amount identified as the lessees liability upon expiration of the lease based
on the estimated residual value of the vehicle, the estimated residual value
must be a reasonable approximation of the actual residual value of the vehicle
upon expiration of the lease.
2. There is a
rebuttable presumption that the estimated residual value is unreasonable to the
extent that it exceeds the actual residual value by more than three times the
average payment allocable to a monthly period under the lease. The lessor shall
not collect from the lessee the amount of that excess liability on expiration
of a commercial vehicle lease unless the lessor brings a successful action with
respect to that excess liability, and if the lessors action is unsuccessful he
must pay the lessees costs and reasonable attorneys fees. This presumption
does not apply to the extent the excess of estimated residual value over actual
residual value is due to physical damage to the vehicle beyond reasonable wear
and use, or to excessive use. The lease must set reasonable standards for wear
and use.
Sec. 6. If the commercial vehicle lease provides that the lessee is
liable for an amount based on the residual value of the vehicle at the
termination or expiration of the lease, the lessee may obtain, at his expense,
a professional appraisal of the vehicle by an independent third party agreed to
by both parties. An appraisal obtained pursuant to this section is final and
binding on the parties.
Sec. 7. 1. Where the lessees liability on the
date any vehicle lease or commercial vehicle lease terminates or expires is
based on the residual value of the vehicle at that time and the lessor and
lessee do not agree in writing on that value or on
another method of establishing it, the lessor may, subject to the provisions of
section 9 of this act, for the purpose of establishing residual value and
thereby providing the basis for determining the lessees liability, obtain
written bids from third persons.
κ1979
Statutes of Nevada, Page 1263 (CHAPTER 597, SB 262)κ
agree in writing on that value or on
another method of establishing it, the lessor may, subject to the provisions of
section 9 of this act, for the purpose of establishing residual value and
thereby providing the basis for determining the lessees liability, obtain
written bids from third persons.
2. The lessor
shall act in good faith and in a commercially reasonable manner in obtaining
bids for the vehicle. The fact that a better price could have been obtained at
a different time or in a different method from that selected by the lessor is
not of itself sufficient to establish that the lessor did not act in a
commercially reasonable manner. If the lessor obtains bids at the price current
in any recognized market for such a vehicle at the time of the bidding, he has
acted in a commercially reasonable manner.
3. The highest
effective bid obtained pursuant to this section or section 9 of this act, where
applicable, or the actual sale price, whichever is higher, establishes the
residual value of the vehicle.
Sec. 8. 1. The lessor shall give the lessee written notice
of his intention to establish the residual value of the vehicle under the
vehicle lease or commercial vehicle lease at least 15 days before that action
is taken. The notice must be given in person to the lessee or sent by mail to
the address of the lessee shown on the lease, or to his last known address,
unless the lessee has notified the lessor in writing of a different address.
2. The notice
must:
(a) List separately any
actual or estimated charges due under the vehicle lease or commercial vehicle
lease as of the date of the notice, notwithstanding any possible limitations on
the liability of the lessee provided by the Consumer Leasing Act of 1976 (15
U.S.C. § 1667 (b));
(b) Inform the lessee
that his maximum total liability under the vehicle lease or commercial vehicle
lease is limited to three times the average payment allocable to a monthly
period under the lease if the estimated residual value exceeds the actual
residual value and the difference is not due to physical damage to the vehicle
beyond reasonable wear and use or to excessive use; and
(c) Inform the lessee
that he has the right to submit a written bid for the purchase of the vehicle
before its value is established; and
(d) Inform the lessee of
the probable residual value of comparable vehicles on the date of the notice as
estimated in the then-current version of the Kelley Blue Book or its
equivalent.
Sec. 9. 1. The lessee has the right at any time before
the lessor establishes the value of the vehicle to submit a written bid for its
purchase.
2. If the lessor
accepts the lessees bid as the highest bid, the lessee has 5 days from the
date of such acceptance within which to tender the full amount of the purchase
price, and:
(a) If the lessee tenders
the full amount within the prescribed time and the lessor nevertheless elects
not to sell the vehicle to him, the bid establishes the residual value of the
vehicle and the lessor must credit the amount of the bid against the lessees
liability under the lease.
(b) If the lessee fails
to tender the full amount of the purchase price within the prescribed time, the
lessees bid does not establish the residual value
of the vehicle and the lessor must credit against the lessees liability the
amount of the next highest bid.
κ1979
Statutes of Nevada, Page 1264 (CHAPTER 597, SB 262)κ
value of the vehicle and the lessor
must credit against the lessees liability the amount of the next highest bid.
Sec. 10. If the lessor under a vehicle lease or a commercial
vehicle lease fails to comply with sections 7 to 9, inclusive, of this act, he
may not recover any deficiency from the lessee.
Sec. 11. NRS
97.105 is hereby amended to read as follows:
97.105 1. Retail
installment contract or contract means a contract, other than a retail
charge agreement or an instrument reflecting a sale made pursuant thereto,
entered into or performed in this state for a retail installment transaction.
2. The term
[retail installment contract] includes
a security agreement and a bailment contract or lease if the bailee or lessee
contracts to pay as compensation for their use a sum substantially equivalent
to or in excess of the value of the goods and if it is agreed that the bailee
or lessee is bound to become or, without giving further substantial value, has
the option of becoming the owner of the goods upon full compliance with the
provisions of the bailment or lease.
3. The term does
not include a bailment or lease of a vehicle where the lessee becomes or may
become the owner of the vehicle by payment to the lessor of an amount which is
substantially equal to the residual value or the unamortized capitalized cost,
if the payment is not nominal.
Sec. 12. 1. Sections
1 and 2, 7 to 11, inclusive, of this act and this section shall become
effective upon passage and approval. All vehicle leases and commercial vehicle
leases entered into, terminating or expiring on or after that date are subject
to the provisions of those sections.
2. Sections 3 to 6, inclusive, of this
act shall become effective on September 1, 1979. All commercial vehicle leases
entered into, terminating or expiring on or after that date are subject to the
provisions of those sections.
________
CHAPTER 598, SB 263
Senate Bill No.
263Senators Faiss and Echols
CHAPTER 598
AN ACT relating to the state legislature;
providing for the remuneration of members and staff during certain
adjournments; increasing the per diem expense allowance for members of the
legislature; increasing the remuneration of employees of the legislature; 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
218.210 is hereby amended to read as follows:
218.210 1. Each senator [and assemblyman] elected before November
7, 1978, or appointed to succeed a senator [or
assemblyman] elected before November 7, 1978, is entitled to
receive as compensation $60 per day for each day of service:
κ1979
Statutes of Nevada, Page 1265 (CHAPTER 598, SB 263)κ
(a) During any regular session, for the number
of days the legislature is in session, or in adjournment
for not more than 3 days, or the maximum number of days for which
compensation for a regular session is permitted by the constitution, whichever
is smaller; and
(b) During any special session, for the number
of days the legislature is in session or the maximum number of days for which
compensation for a special session is permitted by the constitution, whichever
is smaller.
2. Each senator and assemblyman elected
on or after November 7, 1978, or appointed to succeed a senator or assemblyman
elected on or after November 7, 1978, is entitled to receive as compensation
$80 per day for each day of service:
(a) During any regular session, for the number
of days the legislature is in session, or in adjournment
for not more than 3 days, or the maximum number of days for which
compensation for a regular session is permitted by the constitution, whichever
is smaller; and
(b) During any special session, for the number
of days the legislature is in session or the maximum number of days for which
compensation for a special session is permitted by the constitution, whichever
is smaller.
Sec. 2. NRS
218.220 is hereby amended to read as follows:
218.220 1. The per diem
expense allowance and the travel and telephone expenses of senators and
assemblymen duly elected or appointed and in attendance at any session or
presession orientation conference of the legislature must be allowed in the
manner set forth in this section.
2. For initial travel from his home to
Carson City, Nevada, to attend a [regular or
special] session or presession orientation conference of the
legislature, and for return travel from Carson City, Nevada, to his home upon
adjournment sine die of a [regular or special]
session or termination of a presession orientation conference of the
legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance of [$40] $44 for
one days travel to and one days travel from [regular
and special sessions and presessions orientation conferences of the
legislature.] the session or conference.
(b) Travel expenses computed at the rate of 17
cents per mile traveled.
3. In addition to the per diem and travel
expenses authorized by subsection 2, each senator and assemblyman is entitled
to receive a supplemental travel allowance which must not exceed:
(a) A total of $2,550 during each regular
session of the legislature; and
(b) A total of $710 during each special session
of the legislature,
for travel to and from his home or temporary residence or
for traveling to and from legislative committee and subcommittee meetings or hearings, computed at the rate of 17 cents
per mile.
4. Each senator and assemblyman is
entitled to receive [for each day that the
legislature is in regular or special session or in a presession orientation
conference a per diem allowance of $40 per day.] a per diem expense allowance of $44 for each day that the
legislature is in session or in a presession orientation conference and for
each day that he attends a meeting of a standing
committee of which he is a member when the legislature has adjourned for more
than 3 days.
κ1979
Statutes of Nevada, Page 1266 (CHAPTER 598, SB 263)κ
he attends a meeting of a standing
committee of which he is a member when the legislature has adjourned for more
than 3 days.
5. Each senator and assemblyman who maintains temporary
quarters in or near Carson City for which he has entered into a lease or other
agreement for continuous occupancy for the duration of a legislative session is
entitled to receive a lodging allowance equal to that portion of the expense
allowance which the legislative commission designates by rule as being
allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has
adjourned until a time certain; and
(b) The senator or
assemblyman is not entitled to a per diem expense allowance pursuant to
subsection 4.
6. Each
senator and assemblyman is entitled to receive not [to
exceed the total sum of] more than $500
as a telephone allowance for the payment of tolls and charges incurred by him
in the performance of official business during each regular session of the
legislature and not [to exceed the total sum of]
more than $200 during each special session of the
legislature.
[6.] 7. An employee of the legislature assigned
to serve a standing committee is entitled to receive the travel expenses and
per diem expense allowance provided by law for state employees generally if he
is required to attend a hearing of the committee outside Carson City.
[7.] 8. Claims for expenses made under the
provisions of this section must be made [in the
same manner] as other claims are made against the state, and must
be [allowed and] paid from the
legislative fund. Claims for per diem expense allowances authorized by subsection
4 and lodging allowances authorized by subsection 5 must
be [allowed and] paid once each
week during the legislative session and upon completion of a presession
orientation conference.
Sec. 3. NRS
218.230 is hereby amended to read as follows:
218.230 1. There
shall be paid to the several officers and employees of the senate and assembly,
for all services rendered by them under the provisions of this chapter, the
following sums of money for each days employment and no more:
Senate
Assistant secretary............................................................................... [$45] $51
Assistant sergeant-at-arms.................................................................... [29] 32
Clerks......................................................................................................... [23] 25
Committee stenographer........................................................................ [39] 44
History clerk............................................................................................. [40] 45
Journal clerk............................................................................................. [40] 45
Minute clerk............................................................................................. [40] 45
Page........................................................................................................... [22] 24
Secretary................................................................................................... [57] 65
Sergeant-at-arms...................................................................................... [38] 42
Stenographers.......................................................................................... [34] 38
Supervisor of clerks................................................................................ [35] 38
Supervisor of stenographers................................................................. [40] 45
κ1979
Statutes of Nevada, Page 1267 (CHAPTER 598, SB 263)κ
Assembly
Assistant chief clerk............................................................................. [$45] $51
Assistant sergeant-at-arms.................................................................... [29] 32
Assistant supervisor of clerks.............................................................. [31] 35
Chief clerk................................................................................................. [57] 65
Clerks......................................................................................................... [23] 25
Committee stenographer........................................................................ [39] 44
History clerk............................................................................................. [40] 45
Journal clerk............................................................................................. [40] 45
Minute clerk............................................................................................. [40] 45
Pages......................................................................................................... [22] 24
Sergeant-at-arms...................................................................................... [38] 42
Stenographers.......................................................................................... [34] 38
Supervisor................................................................................................ [39] 45
Supervisor of clerks................................................................................ [35] 38
Supply clerk.............................................................................................. [27] 31
Typists...................................................................................................... [25] 28
[Security
guard.......................................................................................... 31]
2. During periods
of adjournment to a day certain, employees of the legislature whose service is
required shall perform duties as assigned and are entitled to be paid the
amount specified in this section for each day of service.
Sec. 4. NRS
218.235 is hereby amended to read as follows:
218.235 When proper claims are filed with
the director of the legislative counsel bureau from time to time and approved
by him pursuant to law, there shall be paid to the secretary of the senate from
the legislative fund the secretarys expenses of initial travel from home to
Carson City for a regular or special session of the legislature and return
travel after adjournment sine die of the session, and a subsistence allowance [shall] must be
paid to the secretary for each day of such travel and each day of duty
performed in connection with or during the session [.]
, and when the legislature is in adjournment for more
than 3 days if his services are required. The travel expenses and
subsistence allowances [shall] must be paid at the rates provided by law for public
officers and employees.
Sec. 5. NRS
218.237 is hereby amended to read as follows:
218.237 [1. Until
July 1, 1971, by adoption of a simple resolution the assembly may authorize the
payment of the chief clerk of the assembly of a per diem expense allowance of
$15 per day from the legislative fund while the legislature is in session, but
the total amount paid shall not exceed the sum of $1,200 in any regular
legislative session or the sum of $400 in any special legislative session.
2. On and after
July 1, 1971, by] By adoption of a
simple resolution the assembly may authorize the payment to the chief clerk of
the assembly of a per diem expense allowance of $15 per day from the
legislative fund while the legislature is in session [.]
, and in adjournment for more than 3 days if his
services are required.
Sec. 6. Section
2 of Assembly Bill No. 161 of the 60th regular session of the Nevada
legislature is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 1268 (CHAPTER 598, SB 263)κ
Sec. 2. NRS
218.220 is hereby amended to read as follows:
218.220 1. The
per diem expense allowance and the travel and telephone expenses of senators
and assemblymen duly elected or appointed and in attendance at any session or
presession orientation conference of the legislature must be allowed in the
manner set forth in this section.
2. For initial
travel from his home to Carson City, Nevada, to attend a session or presession
orientation conference of the legislature, and for return travel from Carson
City, Nevada, to his home upon adjournment sine die of a session or termination
of a presession orientation conference of the legislature, each senator and assemblyman
is entitled to receive:
(a) A per diem expense
allowance of $44 for one days travel to and one days travel from the session
or conference.
(b) Travel expenses
computed at the rate of 17 cents per mile traveled.
3. In addition
to the per diem and travel expenses authorized by subsection 2, each senator
and assemblyman is entitled to receive a supplemental travel allowance which
must not exceed:
(a) A total of $2,550
during each regular session of the legislature; and
(b) A total of [$710] $1,000 during
each special session of the legislature,
for travel to and from his home or
temporary residence or for traveling to and from legislative committee and
subcommittee meetings or hearings [,]
or for individual travel within the state which relates
to legislative business, computed at the rate of 17 cents per mile.
4. Each senator
and assemblyman is entitled to receive a per diem expense allowance of $44 for
each day that the legislature is in session or in a presession orientation
conference and for each day that he attends a meeting of a standing committee
of which he is a member when the legislature has adjourned for more than 3
days.
5. Each senator
and assemblyman who maintains temporary quarters in or near Carson City for
which he has entered into a lease or other agreement for continuous occupancy
for the duration of a legislative session is entitled to receive a lodging
allowance equal to that portion of the expense allowance which the legislative
commission designates by rule as being allocated to lodging, for each day on
which:
(a) The legislature
has adjourned for more than 3 days; and
(b) The senator or
assemblyman is not entitled to a per diem expense allowance pursuant to
subsection 4.
6. Each senator
and assemblyman is entitled to receive a telephone
allowance not more than [$500 as a
telephone allowance] $1,000 for the
payment of tolls and charges incurred by him in the performance of official
business during each regular session of the legislature and not more than $200
during each special session of the legislature.
7. An employee
of the legislature assigned to serve a standing committee is entitled to
receive the travel expenses and per diem expense
allowance provided by law for state employees generally if he is required to
attend a hearing of the committee outside Carson City.
κ1979
Statutes of Nevada, Page 1269 (CHAPTER 598, SB 263)κ
expense allowance provided by law
for state employees generally if he is required to attend a hearing of the
committee outside Carson City.
8. Claims for
expenses made under the provisions of this section must be made as other claims
are made against the state, and must be paid from the legislative fund. Claims
for per diem expense allowances authorized by subsection 4 and lodging
allowances authorized by subsection 5 must be paid once each week during a
legislative session and upon completion of a presession orientation conference.
________
CHAPTER 599, SB 294
Senate Bill No.
294Committee on Judiciary
CHAPTER 599
AN ACT relating to parentage; providing
for the establishment of parentage; providing for enforcement of obligations of
support of children; establishing a state register for adoptions; and providing
other matters properly relating thereto.
[Approved June 2, 1979]
Whereas, The parent and child
relationship, with its rights, privileges, duties and obligations, extends
equally to every child and to every parent regardless of the marital status of
the parents, and it is the duty of the state to establish means to protect and
enforce these interests as well as those of adoptive parents; and
Whereas, The
failure of parents to provide adequate financial support and care for their
children is a major cause of financial dependency and a contributing cause to
social delinquency; and
Whereas, The
present remedies are slow and uncertain, and result in a burden on the
resources of the state, which must provide public assistance for basic
maintenance when parents fail to meet their obligations; and
Whereas, It
is the duty of the state to conserve money for public assistance by providing
reasonable and effective means to enforce the obligations of persons who are
responsible for the care and support of their children; and
Whereas, Determination
of parentage is necessary to effective enforcement of that responsibility; now,
therefore,
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
126 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 25, inclusive, of this act.
Sec. 2. This chapter applies to all persons, no matter when
born.
Sec. 3. As used in this chapter, unless the context otherwise
requires:
1. Custodial
parent means the parent of a child born out of wedlock who has been awarded
custody of the child or, if no custody award has been made by a court, the
parent with whom the child resides.
κ1979
Statutes of Nevada, Page 1270 (CHAPTER 599, SB 294)κ
2. Nonsupporting
parent means the parent of a child born out of wedlock who has failed to
provide an equitable share of his childs necessary maintenance, education and
support.
3. Parent and
child relationship means the legal relationship existing between a child and
his natural or adoptive parents incident to which the law confers or imposes
rights, privileges, duties and obligations. It includes the mother and child
relationship and the father and child relationship.
Sec. 4. The parent and child relationship extends equally to every
child and to every parent, regardless of the marital status of the parents.
Sec. 5. The parent and child relationship between a child and:
1. The natural
mother may be established by proof of her having given birth to the child, or
under this chapter or NRS 201.025.
2. The natural
father may be established under this chapter or NRS 201.025.
3. An adoptive
parent may be established by proof of adoption.
Sec. 6. 1. A man is presumed to be the natural father of
a child if:
(a) He and the childs
natural mother are or have been married to each other and the child is born
during the marriage, or within 285 days after the marriage is terminated by
death, annulment, declaration of invalidity or divorce, or after a decree of
separation is entered by a court.
(b) He and the childs
natural mother were cohabitating for at least 6 months before the period of
conception and continued to cohabit during that period.
(c) Before the childs
birth, he and the childs natural mother have attempted to marry each other by
a marriage solemnized in apparent compliance with law, although the attempted
marriage is invalid or could be declared invalid, and:
(1) If the
attempted marriage could be declared invalid only by a court, the child is born
during the attempted marriage, or within 285 days after its termination by
death, annulment, declaration of invalidity or divorce; or
(2) If the
attempted marriage is invalid without a court order, the child is born within
285 days after the termination of cohabitation.
(d) After the childs
birth, he and the childs natural mother have married or attempted to marry
each other by a marriage solemnized in apparent compliance with law, although
the attempted marriage is invalid or could be declared invalid, and:
(1) He has
acknowledged his paternity of the child in writing;
(2) With his
consent, he is named as the childs father on the childs birth certificate; or
(3) He is
obligated to support the child under a written voluntary promise or by court
order.
(e) While the child is
under the age of majority, he receives the child into his home and openly holds
out the child as his natural child.
(f) At any time he
acknowledges his paternity of the child in a writing filed with the state registrar
of vital statistics.
2. The registrar
shall promptly inform the natural mother of the filing of an acknowledgment,
and the presumption is nullified if she disputes the acknowledgment in a
writing filed with the registrar within 60 days after this notice is given.
κ1979
Statutes of Nevada, Page 1271 (CHAPTER 599, SB 294)κ
this notice is given. Each
acknowledgment filed is to be maintained by the registrar in a sealed
confidential file until it is consented to by the mother and any other presumed
father. This does not preclude access by an appropriate state official incident
to his official responsibility concerning the parentage of the child. The
acknowledgment must not be made public unless the mother affirmatively consents
to the acknowledgment or a court adjudicates parentage. Each acknowledgment must
be signed by the person filing it, and contain:
(1) The name and
address of the person filing the acknowledgment;
(2) The name and
last-known address of the mother of the child; and
(3) The date of
birth of the child, or, if the child is unborn, the month and year in which the
child is expected to be born.
If another man is presumed under this
section to be the childs father, acknowledgment may be effected only with the
written consent of the presumed father or after the presumption has been
rebutted by a court decree. Acknowledgment of both parents as to the parentage
of a child makes the child legitimate from birth, and the birth shall be
documented as provided in chapter 440 of NRS.
3. A presumption
under this section may be rebutted in an appropriate action only by clear and
convincing evidence. If two or more presumptions arise which conflict with each
other, the presumption which on the facts is founded on the weightier
considerations of policy and logic controls. The presumption is rebutted by a
court decree establishing paternity of the child by another man.
Sec. 7. 1. If, under the supervision of a licensed
physician and with the consent of her husband, a wife is inseminated artificially
with semen donated by a man not her husband, the husband is treated in law as
if he were the natural father of a child thereby conceived. The husbands
consent must be in writing and signed by him and his wife. The physician shall
certify their signatures and the date of the insemination, and file the
husbands consent with the health division of the department of human
resources, where it must be kept confidential and in a sealed file. The
physicians failure to do so does not affect the father and child relationship.
All papers and records pertaining to the insemination, whether part of the
permanent record of a court or of a file held by the supervising physician or
elsewhere, are subject to inspection only upon an order of the court for good cause
shown.
2. The donor of
semen provided to a licensed physician for use in artificial insemination of a
married woman other than the donors wife is treated in law as if he were not
the natural father of a child thereby conceived.
Sec. 8. 1. A child, his natural mother, or a man
presumed to be his father under paragraph (a), (c) or (d) of subsection 1 of
section 6 of this act, may bring an action:
(a) At any time for the
purpose of declaring the existence of the father and child relationship
presumed under paragraph (a), (c) or (d) of subsection 1 of section 6 of this
act; or
(b) For the purpose of
declaring the nonexistence of the father and child relationship presumed under
paragraph (a), (c) or (d) of subsection 1 of
section 6 of this act only if the action is brought within a reasonable time
after obtaining knowledge of relevant facts, but in no event later than 5 years
after the childs birth.
κ1979
Statutes of Nevada, Page 1272 (CHAPTER 599, SB 294)κ
1 of section 6 of this act only if
the action is brought within a reasonable time after obtaining knowledge of
relevant facts, but in no event later than 5 years after the childs birth.
After the presumption has been rebutted, paternity of the child by another man
may be determined in the same action, if he has been made a party.
2. Any interested
party may bring an action at any time for the purpose of determining the
existence or nonexistence of the father and child relationship presumed under
paragraph (b), (e) or (f) of subsection 1 of section 6 of this act.
3. An action to
determine the existence of the father and child relationship with respect to a
child who has no presumed father under section 6 of this act may be brought by
the child, the mother or personal representative of the child, the welfare
division of the department of human resources, the personal representative or a
parent of the mother if the mother has died or is a minor, a man alleged or
alleging himself to be the father, or the personal representative or a parent
of the alleged father is the alleged father has died or is a minor.
4. Regardless of
its terms, an agreement, other than an agreement approved by the court in
accordance with subsection 2 of section 15 of this act between an alleged or
presumed father and the mother or child, does not bar an action under this
section.
5. If an action
under this section is brought before the birth of the child, all proceedings
must be stayed until after the birth, except service of process and the taking
of depositions to perpetuate testimony.
Sec. 9. Except as otherwise provided in NRS 41.210 to 41.260,
inclusive, and in this chapter, an action to determine the existence of the
father and child relationship as to a child who has no presumed father under
section 6 of this act may not be brought later than 3 years after the birth of
the child, or July 1, 1982, whichever is later. The welfare division of the
department of human resources acting on behalf of a child receiving public
assistance may bring an action to establish paternity within 1 year after the
child becomes a recipient of public assistance or within 3 years after the
birth of the child, whichever is later. But an action brought by or on behalf
of a child whose paternity has not been determined is not barred until 3 years
after the child reaches the age of majority. Section 8 of this act and this
section do not alter the time within which a right of inheritance or a right to
a succession may be asserted beyond the time provided by law relating to
distribution and closing of decedents estates or to the determination of
heirship, or otherwise.
Sec. 10. 1. Each district court has jurisdiction of an
action brought under this chapter. The action may be joined with an action for
divorce, annulment, separate maintenance or support.
2. A person who
has sexual intercourse in this state thereby submits to the jurisdiction of the
courts of this state as to an action brought under this chapter with respect to
a child who may have been conceived by that act of intercourse. In addition to
any other method provided by law, personal jurisdiction may be acquired by
personal service of summons outside this state or by registered mail with proof
of actual receipt.
3. The action may
be brought in the county in which the child, the mother
or the alleged father resides or is found or, if the father is deceased, in
which proceedings for probate of his estate have been or could be commenced.
κ1979
Statutes of Nevada, Page 1273 (CHAPTER 599, SB 294)κ
mother or the alleged father resides
or is found or, if the father is deceased, in which proceedings for probate of
his estate have been or could be commenced. The court has jurisdiction whether
or not the plaintiff resides in this state.
Sec. 11. The child must be made a party to the action. If he is a minor
he must be represented by his general guardian or a guardian ad litem appointed
by the court. The childs mother or father may not represent the child as
guardian or otherwise. The court may appoint the welfare division of the
department of human resources as guardian ad litem for the child. The natural
mother, each man presumed to be the father under section 6 of this act, and
each man alleged to be the natural father must be made parties or, if not
subject to the jurisdiction of the court, be given notice of the action in a
manner prescribed by the court and an opportunity to be heard. The court may
align the parties.
Sec. 12. 1. The court shall endeavor to resolve the issues
raised in an action pursuant to this chapter by an informal hearing.
2. As soon as
practicable after an action to declare the existence or nonexistence of the
father and child relationship has been brought, an informal hearing must be
held. The court may order that the hearing be held before a master or referee.
The public shall be barred from the hearing. A record of the proceeding or any
portion thereof must be kept if any party requests or the court orders. Strict
rules of evidence need not be observed, but those prescribed in NRS 233B.123
apply.
3. Upon refusal of
any witness, including a party, to testify under oath or produce evidence, the
court may order him to testify under oath and produce evidence concerning all
relevant facts, If the refusal is upon the ground that his testimony or
evidence might tend to incriminate him, the court may grant him immunity from
prosecution for all criminal offenses shown in whole or in part by testimony or
evidence he is required to produce, except for perjury committed in his
testimony. The refusal of a witness who has been granted immunity to obey an
order to testify or produce evidence is a civil contempt of the court.
4. Testimony of a
physician concerning the medical circumstances of the pregnancy and the
condition and characteristics of the child upon birth is not privileged.
Sec. 13. 1. The court may, and shall upon the
motion of a party, order the mother, child, alleged father or any other person
so involved to submit to one or more blood tests to be made by qualified
physicians or other qualified persons, under such restrictions and directions
as the court or judge deems proper. Whenever the test is ordered and made, the
results of the test may be received in evidence. The order for the blood tests
also may direct that the testimony of the experts and of the persons so
examined may be taken by deposition.
2. If any party
refuses to submit to a blood test, the court may presume that the result of the
test would be adverse to the interests of that party or may enforce its order
if the rights of others and the interests of justice so require.
3. The court, upon
reasonable request by a party, shall order that independent tests be performed
by other experts qualified as examiners of blood types.
κ1979
Statutes of Nevada, Page 1274 (CHAPTER 599, SB 294)κ
4. In all cases,
the court shall determine the number and qualifications of the experts.
Sec. 14. Evidence relating to paternity may include:
1. Evidence of
sexual intercourse between the mother and alleged father at any possible time
of conception.
2. An experts
opinion concerning the statistical probability of the alleged fathers
paternity based upon the duration of the mothers pregnancy.
3. An experts
opinion concerning blood test results, weighted in accordance with evidence, if
available, of the statistical probability of the alleged fathers paternity.
4. Medical or
anthropological evidence relating to the alleged fathers paternity of the
child based on tests performed by experts.
5. All other
evidence relevant to the issue of paternity of the child.
Sec. 15. 1. On the basis of the information produced at
the pretrial hearing, the judge, master or referee conducting the hearing shall
evaluate the probability of determining the existence or nonexistence of the
father and child relationship in a trial and whether a judicial declaration of
the relationship would be in the best interest of the child. On the basis of
the evaluation, an appropriate recommendation for settlement must be made to
the parties, which may include any of the following:
(a) That the action be
dismissed with or without prejudice.
(b) That the matter be
compromised by an agreement among the alleged father, the mother and the child,
in which the father and child relationship is not determined but in which a
defined economic obligation, fully secured by payment or otherwise, is
undertaken by the alleged father in favor of the child and, if appropriate, in
favor of the mother, subject to approval by the judge, master or referee
conducting the hearing. In reviewing the obligation undertaken by the alleged
father in a compromise agreement, the judge, master or referee conducting the
hearing shall consider the best interest of the child, in the light of the
factors enumerated in subsection 5 of section 17 of this act, discounted by the
improbability, as it appears to him, of establishing the alleged fathers
paternity or nonpaternity of the child in a trial of the action. In the best
interest of the child, the court may order that the alleged fathers identity be
kept confidential. In that case, the court may designate a person or agency to
receive from the alleged father and disburse on behalf of the child all amounts
paid by the alleged father in fulfillment of obligations imposed on him.
(c) That the alleged
father voluntarily acknowledge his paternity of the child.
2. If the parties
accept a recommendation made in accordance with subsection 1, judgment may be
entered accordingly.
3. If a party
refuses to accept a recommendation made under subsection 1 and blood tests have
not been taken, the court shall require the parties to submit to blood tests,
if practicable. Thereafter the judge, master or referee shall make an
appropriate final recommendation. If a party refuses to accept the final
recommendation, the action must be set for trial.
4. The guardian ad
litem may accept or refuse to accept a recommendation under this section.
κ1979
Statutes of Nevada, Page 1275 (CHAPTER 599, SB 294)κ
5. The pretrial hearing
may be terminated and the action set for trial if the judge, master or referee
conducting the hearing finds unlikely that all parties would accept a
recommendation he might make under subsection 1 or 3.
Sec. 16. 1. An action under this chapter is a civil
action governed by the Nevada Rules of Civil Procedure. The mother of the child
and the alleged father are competent to testify and may be compelled to
testify. Subsections 3 and 4 of section 12 and sections 13 and 14 of this act
apply.
2. In an action
against an alleged father, evidence offered by him with respect to a man who is
not subject to the jurisdiction of the court concerning that mans sexual
intercourse with the mother at or about the probable time of conception of the
child is admissible in evidence only if the alleged father has undergone and
made available to the court blood tests the results of which do not exclude the
possibility of his paternity of the child. A man who is identified and is
subject to the jurisdiction of the court must be made a defendant in the
action.
3. The trial must
be by the court without a jury, unless any party demands a jury trial within 20
days following the filing of a pretrial recommendation.
Sec. 17. 1. The judgment or order of the court
determining the existence or nonexistence of the parent and child relationship
is determinative for all purposes.
2. If the judgment
or order of the court is at variance with the childs birth certificate, the
court shall order that a new birth certificate be issued as provided in NRS
440.270 to 440.340, inclusive.
3. The judgment or
order may contain any other provision directed against the appropriate party to
the proceeding, concerning the duty of support, the custody and guardianship of
the child, visitation privileges with the child, the furnishing of bond or
other security for the payment of the judgment, or any other matter in the best
interest of the child. The judgment or order may direct the father to pay the
reasonable expenses of the mothers pregnancy and confinement.
4. Support
judgments or orders ordinarily must be for periodic payments which may vary in
amount. In the best interest of the child, a lump sum payment or the purchase
of an annuity may be ordered in lieu of periodic payments of support. The court
may limit the fathers liability for past support of the child to the
proportion of the expenses already incurred which the court deems just.
5. In determining
the amount to be paid by a parent for support of the child and the period
during which the duty of support is owed, a court enforcing the obligation of
support shall consider the relevant facts, including the:
(a) Needs of the child.
(b) Standard of living
and circumstances of the parents.
(c) Relative financial
means of the parents.
(d) Earning ability of
the parents.
(e) Need and capacity of
the child for education.
(f) Age of the child.
(g) Financial resources
and the earning ability of the child.
(h) Responsibility of the
parents for the support of others.
(i) Value of services
contributed by the custodial parent.
κ1979
Statutes of Nevada, Page 1276 (CHAPTER 599, SB 294)κ
(j) Assistance paid by
public agencies to support the child, and reasonably related expenses of the
mothers pregnancy and confinement.
Sec. 18. The court may order reasonable fees of counsel, experts and
the childs guardian ad litem, and other costs of the action and pretrial
proceedings, including blood tests, to be paid by the parties in proportions
and at times determined by the court. The court may order the proportion of any
indigent party to be paid by the county.
Sec. 19. 1. If the parent and child relationship has been
established, the obligation of a parent may be enforced in the same or
independent proceedings by the other parent, the child, the public authority
that has furnished or may furnish the reasonable expenses of pregnancy,
confinement, education, support or funeral, or by any other person, including a
private agency, to the extent he has furnished or is furnishing these expenses.
2. The court may
order support payments to be made to the custodial parent, the clerk of the
court, or a person, corporation or public agency designated to administer them
for the benefit of the child under the supervision of the court.
3. Willful failure
to obey the judgment or order of the court is a civil contempt of the court.
All remedies for the enforcement of judgments apply.
Sec. 20. The court has continuing jurisdiction to modify or revoke a
judgment or order:
1. For future
education and support; and
2. With respect to
matters listed in subsections 3 and 4 of section 17 of this act and subsection
2 of section 19 of this act, except that a court entering a judgment or order
for the payment of a lump sum or the purchase of an annuity under subsection 4
of section 17 of this act may specify that the judgment or order may not be
modified or revoked.
Sec. 21. 1. At the pretrial hearing and in further
proceedings, any party may be represented by counsel. The court shall appoint
counsel for a party who is financially unable to obtain counsel.
2. If a party is
financially unable to pay the cost of a transcript, the court shall furnish on
request a transcript for purposes of appeal.
Sec. 22. Any hearing or trial held under this chapter must be held in
closed court without admittance of any person other than those necessary to the
action or proceeding. All papers and records, other than the final judgment,
pertaining to the action or proceeding, whether part of the permanent record of
the court or of a file in the welfare division of the department of human
resources or elsewhere, are subject to inspection only upon consent of the
court and all interested persons, or in exceptional cases only upon an order of
the court for good cause shown.
Sec. 23. Any interested party may bring an action to determine the
existence or nonexistence of a mother and child relationship. Insofar as
practicable, the provisions of this chapter applicable to the father and child
relationship apply to that action.
Sec. 24. 1. Any promise in writing to furnish support for
a child, growing out of a supposed or alleged parent and child relationship,
does not require consideration and is enforcible according to its terms,
subject to subsection 4 of section 8 of this act.
κ1979
Statutes of Nevada, Page 1277 (CHAPTER 599, SB 294)κ
2. In the best
interest of the child or the custodial parent, the court may, and upon the
promisors request shall, order the promise to be kept in confidence and
designate a person or agency to receive and disburse on behalf of the child all
amounts paid in performance of the promise.
Sec. 25. Upon order of a court of this state or upon request of a court
of another state, the state registrar of vital statistics shall prepare a new
certificate of birth consistent with the findings of the court and substitute
the new certificate for the original certificate of birth as provided in NRS
440.270 to 440.340, inclusive.
Sec. 26. Chapter
128 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. If a mother
relinquishes or proposes to relinquish for adoption a child who has:
(a) A presumed father
under subsection 1 of section 6 of this act;
(b) A father whose
relationship to the child has been determined by a court; or
(c) A father as to whom
the child is a legitimate child under chapter 126 of NRS, under prior law of
this state or under the law of another jurisdiction,
and the father has not consented to
the adoption of the child or relinquished the child for adoption, a proceeding
must be brought pursuant to this chapter and a determination made of whether a
parent and child relationship exists and if so, if it should be terminated.
2. If a mother
relinquishes or proposes to relinquish for adoption a child who does not have:
(a) A presumed father
under subsection 1 of section 6 of this act;
(b) A father whose
relationship to the child has been determined by a court;
(c) A father as to whom
the child is a legitimate child under chapter 126 of NRS, under prior law of
this state or under the law of another jurisdiction; or
(d) A father who can be
identified in any other way,
or if a child otherwise becomes the
subject of an adoption proceeding, the agency or person to whom the child has
been or is to be relinquished, or the mother or the person having custody of
the child, shall file a petition in the district court to terminate the
parental rights of the father, unless the fathers relationship to the child
has been previously terminated or determined not to exist by a court.
3. In an effort to
identify and protect the interests of the natural father, the court which is
conducting a proceeding pursuant to this chapter shall cause inquiry to be made
of the mother and any other appropriate person. The inquiry must include the
following:
(a) Whether the mother
was married at the time of conception of the child or at any time thereafter.
(b) Whether the mother
was cohabiting with a man at the time of conception or birth of the child.
(c) Whether the mother
has received support payments or promises of support with respect to the child
or in connection with her pregnancy.
(d) Whether any man has
formally or informally acknowledged or declared his possible paternity of the
child.
κ1979 Statutes
of Nevada, Page 1278 (CHAPTER 599, SB 294)κ
4. If, after the
inquiry, the natural father is identified to the satisfaction of the court, or
if more than one man is identified as a possible father, each must be given
notice of the proceeding in accordance with subsection 6 of this section or
with this chapter, as applicable. If any of them fails to appear or, if
appearing, fails to claim custodial rights, such failure constitutes
abandonment of the child. If the natural father or a man representing himself
to be the natural father, claims custodial rights, the court shall proceed to
determine custodial rights.
5. If, after the
inquiry, the court is unable to identify the natural father or any possible
natural father and no person has appeared claiming to be the natural father and
claiming custodial rights, the court shall enter an order terminating the
unknown natural fathers parental rights with reference to the child. Subject
to the disposition of any appeal, upon the expiration of 6 months after an
order terminating parental rights is issued under this subsection, or this
chapter, the order cannot be questioned by any person in any manner or upon any
ground, including fraud, misrepresentation, failure to give any required notice
or lack of jurisdiction of the parties or of the subject matter.
6. Notice of the
proceeding must be given to every person identified as the natural father or a
possible natural father in the manner provided by law and the Nevada Rules of
Civil Procedure for the service of process in a civil action, or in any manner
the court directs. Proof of giving the notice must be filed with the court
before the petition is heard.
Sec. 27. Chapter
41 of NRS is hereby amended by adding thereto a new section which shall read as
follows:
After the time to bring an
action under chapter 126 of NRS has elapsed and if the action is not for the
purpose of establishing the responsibility of any person for the support of
another, then NRS 41.210 to 41.260, inclusive, apply.
Sec. 28. NRS 41.220 is hereby amended to read as
follows:
41.220 1. Every person
desiring to have the date of his birth, the place of his birth or his parentage
established [shall] must file a verified petition accompanied by his
fingerprint chart, with a small recent photograph attached, in the district
court of the county in which such person [shall
have] has been a resident for at
least 6 months prior thereto, which petition [shall]
must recite the circumstances involved and the
desire of the petitioner in relation thereto.
2. [Upon
the filing of a petition in the office of the county clerk, the county clerk
shall give notice of the hearing thereof by posting notices thereof in three
public places in the county, which notice shall provide for the hearing of the
petition at any time after the posting of the notices for 15 days. In addition
to the posting of the notice the clerk shall send a copy of the notice to the
National Office of Vital Statistics at Washington, D.C., and one to the sheriff
of the county in which the petition is filed.] Any action to establish parentage must be entitled In the
Matter of the Parental Relation of .............................. and ..............................
. Notice of the bringing of the action must be served, in the manner provided
by law and the Nevada Rules of Civil Procedure for the service of process, upon
each of the following persons, if living:
(a) The person whose
parentage it is sought to establish; and
κ1979
Statutes of Nevada, Page 1279 (CHAPTER 599, SB 294)κ
(b) Each known or alleged
parent, except a parent who has brought the action.
3. If the court so
requests, the state registrar of vital statistics must examine his records and
provide to the court any data relevant to the action which he finds.
Sec. 29. NRS 41.240 is hereby amended to read as
follows:
41.240 After the court [shall deem] deems
the evidence presented upon the hearing of the petition sufficient to
grant the prayer of the petitioner, it shall make an order establishing the
facts of the matter as presented to the court. [Any
decree rendered by the court as establishing the date of birth, the place of
birth or parentage, or any of such, of any person shall be prima facie evidence
thereof for all purposes in which the date of the persons birth, place of
birth or parentage may be at issue.]
Sec. 30. NRS 56.020 is hereby amended to read as
follows:
56.020 Whenever it [shall be] is relevant
in a civil or criminal action to determine the
parentage or identity of any [child,]
person or corpse, the court, by order, may direct any party to the action and
the person involved in the controversy to submit to one or more blood tests, to
be made by [duly] qualified
physicians or other [duly] qualified
persons, under such restrictions and directions as the court or judge [shall deem] deems
proper. Whenever such test is ordered and made, the results thereof [shall be receivable] may be received in evidence. [, but only in cases where definite exclusion is
established.] The order for [such]
the blood tests also may direct that the
testimony of [such] the experts and of the persons so examined may be taken
by deposition. The opinion of any expert concerning
results of blood tests may be weighted in accordance with evidence, if
available, of the statistical probability of the alleged blood relationship. The
court shall determine how and by whom the costs of [such
examination shall] the examination must be
paid.
Sec. 31. NRS 126.040 is hereby amended to read as
follows:
126.040 1. [The mother may recover from the father] Either parent may recover from the other a reasonable
share of the necessary support of the child.
2. In the absence of a previous demand in
writing (served personally or by registered or certified letter addressed to
the [father] nonsupporting parent at his last-known residence), not
more than [2] 3 years support furnished [prior
to] before the bringing of the
action may be recovered from the [father.]
nonsupporting parent.
Sec. 32. NRS 126.050 is hereby amended to read as
follows:
126.050 The obligation of [the father as herein provided creates also a cause of
action on behalf of the legal representatives of the mother,] support imposed on the parents of a child born out of wedlock
also creates a cause of action on behalf of the legal representatives of either
of them, or on behalf of third persons or public
agencies furnishing support or defraying the reasonable expenses thereof. [, where paternity has
been judicially established by proceedings brought by the mother or by or on
behalf of the child or by the authorities charged with its support, or where
paternity has been acknowledged by the father in writing or by the part
performance of the obligations imposed upon him.]
κ1979
Statutes of Nevada, Page 1280 (CHAPTER 599, SB 294)κ
Sec. 33. NRS 126.060 is hereby amended to read as
follows:
126.060 1. The obligation of
[the father] a parent other than that under the laws providing for
the support of poor relatives is discharged by complying with a judicial decree
for support or with the terms of a judicially approved settlement.
2. The legal adoption of the child into
another family discharges the obligation of his natural
parents for the period subsequent to the adoption.
Sec. 34. NRS 126.070 is hereby amended to read as
follows:
126.070 1. The obligation of
[the father, where his paternity] a parent, where parentage has been judicially
established in his lifetime, or has been acknowledged by him in writing or by
the part performance of his obligation, is enforcible against his estate in
such an amount as the court may determine, having regard to the age of the
child, the ability of the [mother] custodial parent to support [it,]
the child, the amount of property left by the [father,] deceased
parent, the number, age, and financial condition of the lawful issue, if
any, and the rights of the [widow, if any.]
surviving spouse, if any, of the deceased parent.
2. The court may direct the discharge of
the obligation by periodical payments or by the payment of a lump sum.
Sec. 35. NRS 126.080 is hereby amended to read as
follows:
126.080 Proceedings to compel support by [the father] a nonsupporting
parent may be brought in accordance with [NRS
126.090 to 126.290, inclusive,] this
chapter and no filing fees or other fees, charges [,] or court costs [shall] may be
charged for bringing or maintaining the [same,]
proceeding, but the usual filing fees, charges [,] or court costs [, as aforesaid,] may [by the court] be assessed by the court against the [father]
nonsupporting parent and enforced with the other
provisions of the judgment as provided in NRS 126.250. They [shall not be] are
not exclusive of other proceedings. [that
may be available on principles of law or equity.]
Sec. 36. NRS 126.190 is hereby amended to read as
follows:
126.190 If the defendant fails to appear,
the security for his appearance [shall be]
is forfeited and [shall]
must be applied on account of the payment of the
judgment, [but the trial shall proceed as if he
were present; and the court shall upon the findings of the judge or the verdict
of the jury make such orders as if the defendant were in court.] and the court may proceed as if he were present and hear the
complaint. The court shall require the plaintiff to establish the facts, and
shall give full and careful consideration to all evidence presented and the
rights and claims of the plaintiff, defendant and children, and the best
interests of the child or children involved. The court shall, upon its own
findings or the verdict of the jury, make such orders as it would make if the
defendant were present.
Sec. 37. NRS 126.200 is hereby amended to read as
follows:
126.200 If after the complaint [the mother dies or] has been filed, the plaintiff dies, becomes insane or
cannot be found within the jurisdiction, the proceeding does not abate, but the
child [shall] may be substituted as complainant [.] by his
guardian ad litem.
Sec. 38. NRS 126.210 is hereby amended to read as
follows:
κ1979
Statutes of Nevada, Page 1281 (CHAPTER 599, SB 294)κ
126.210 In case of the death of the defendant,
[after the preliminary hearing,] the
action to compel support may be prosecuted
against the personal representatives of the deceased with like effect as if he
were living, subject as regards the measure of support to the [provision of NRS 126.080 except that no arrest of such
personal representative shall take place or bond be required of him.]
provisions of this chapter. No personal representative
may be required to post a bond.
Sec. 39. NRS 126.240 is hereby amended to read as
follows:
126.240 1. The court may
require the payments to be made to the [mother,]
custodial parent, public agency or to some person
or corporation to be designated by the court as trustee.
2. If the welfare
division of the department of human resources has provided money for the
support of the child, the court shall direct that payment be made to the
division as provided for in NRS 425.360.
3. The
payments [shall be directed to] must be made to a trustee if the [mother] custodial
parent does not reside within the jurisdiction of the court [.
3.] or has assigned his right to receive support to a
public agency in another state.
4. The
trustee shall report to the court annually, or [oftener,]
more often, as directed by the court, the amounts
received and paid over.
Sec. 40. NRS 126.250 is hereby amended to read as
follows:
126.250 1. The court may
require [the father] a nonsupporting parent to give security, by bond with
sureties, for the payment of the judgment. In default of such security, when
required, the court may commit him to jail [.]
for civil contempt. After 1 year the person so
committed may be discharged (in accordance with the law relating to the
discharge of insolvent debtors), but his liability to pay the judgment [shall not be thereby affected.] is not affected by his release.
2. Instead of committing the [father] nonsupporting
parent to jail, or as a condition of his release from jail, the court
may commit him to the custody of the sheriff of the county, upon such terms
regarding payments and personal reports, as the court may direct. Upon
violation of the terms imposed, the court may commit or recommit the [father] nonsupporting
parent to jail.
Sec. 41. NRS 126.325 is hereby amended to read as
follows:
126.325 1. The district
attorney of the county of residence of the child shall take such action as is
necessary to establish [paternity of such]
parentage of the child and locate [, apprehend or] and
take legal action against a deserting or nonsupporting parent of [such child.] the
child when requested to do so by the custodial parent or a public agency which
provides assistance to the parent or child. If the court for cause transfers
the action to another county, the clerk of the receiving court shall notify the
district attorney of that county and that district attorney shall proceed to
prosecute the cause of action and take such further action as is necessary to
establish parentage and the obligation of support.
2. In a county where the district
attorney has deputies to aid him in the performance of his duties, such district
attorney shall designate himself or a particular deputy as responsible for
performing the duties imposed by subsection 1.
κ1979
Statutes of Nevada, Page 1282 (CHAPTER 599, SB 294)κ
3. The district
attorney and his deputies do not become representatives of the parent or child
by reason of performing their duties pursuant to this chapter. Except as to
disclosures of criminal activity, the privilege between lawyer and client
arises from the performance of those duties, but officials of the welfare
division of the department of human resources are entitled to access to the
information obtained by the district attorney if that information is relevant
to the performance of their duties. The district attorney or his deputy shall
inform each person who provides information pursuant to this section concerning
the limitations on the privilege between lawyer and client under these
circumstances.
Sec. 42. NRS 126.330 is hereby amended to read as
follows:
126.330 A criminal prosecution brought in
accordance with the provisions of NRS [126.300 or
126.310 shall not be] 201.020 to 201.080,
inclusive, is not a bar to, or [be]
barred by, civil proceedings to compel support; but money paid toward the
support of the child under the provisions of NRS [126.320
shall] 201.020 to 201.080, inclusive, must
be allowed for and credited in determining or enforcing any civil
liability.
Sec. 43. Chapter
127 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. The welfare
division of the department of human resources shall maintain the state register
for adoptions, which is hereby established, in its central office for the
purpose of providing information to adults who were adopted and their natural
parents.
2. The state
register for adoption consists of:
(a) Names and other
information, which the state welfare administrator deems to be necessary for
the operation of the register, relating to persons who have released a child
for adoption or have consented to the adoption of a child, or whose parental
rights have been terminated by a court of competent jurisdiction, and who have
submitted the information voluntarily to the welfare division; and
(b) Names and other
necessary information of persons who are 18 years of age or older, who were
adopted and who have submitted the information voluntarily to the welfare
division.
Any person whose name appears in the
register may withdraw it by requesting in writing that it be withdrawn. The
welfare division shall immediately withdraw a name upon receiving a request to
do so, and may not thereafter release any information relating to that person,
including the information that such a name was ever in the register.
3. The welfare
division may release information about a natural parent to an adopted person,
or about an adopted person to a natural parent, if the names and information
about both are contained in the register.
Sec. 44. NRS 127.040 is hereby amended to read as
follows:
127.040 1. [Written] Except
as provided in NRS 127.090, written consent to the specific adoption
proposed by the petition or for relinquishment to an agency authorized [under NRS 127.050, duly] to accept relinquishments acknowledged by the person or
persons consenting, [shall be] is required from:
(a) Both parents if both are living;
(b) One parent if the other is dead; or
(c) [The mother only of a child born out of wedlock except
that if parental rights have been established in a
court of competent jurisdiction by the father of such a child, pursuant to NRS
41.530, his consent shall be required; or
κ1979
Statutes of Nevada, Page 1283 (CHAPTER 599, SB 294)κ
parental rights have been established
in a court of competent jurisdiction by the father of such a child, pursuant to
NRS 41.530, his consent shall be required; or
(d)] The
guardian of the person of a child [duly]
appointed by a court of competent jurisdiction.
2. Consent [shall
not be] is not required of a parent
who has been adjudged insane for [a period of 2
years, and] 2 years if the court is
satisfied by proof that such insanity is incurable.
Sec. 45. NRS 127.070 is hereby amended to read as
follows:
127.070 1. All
releases for and consents to adoption executed [prior
to] by the mother before the birth
of a child [shall be void] are invalid.
2. A release for
or consent to adoption may be executed by the father before the birth of the
child if the father is not married to the mother. A release executed by the
father becomes invalid if:
(a) The father of the
child marries the mother of the child before the child is born;
(b) The mother of the
child does not execute a release for or consent to adoption of the child within
6 months after the birth of the child; or
(c) No petition for
adoption of the child has been filed within 2 years after the birth of the child.
Sec. 46. NRS 127.080 is hereby amended to read as
follows:
127.080 1. [The] Except as
provided in NRS 127.070, the execution of a written consent to a
specific adoption or a relinquishment for adoption pursuant to this chapter [shall be] is irrevocable.
2. A minor parent may execute a
relinquishment for adoption and cannot revoke [the
same] it upon [his or her] coming of age.
Sec. 47. NRS
127.140 is hereby amended to read as follows:
127.140 1. All hearings held
in proceedings under this chapter [shall be]
are confidential and [shall]
must be held in closed court, without admittance
of any person other than the petitioners, their witnesses, the director of an
agency, or their authorized representatives, attorneys and persons entitled to
notice by this chapter, except by order of the court.
2. The files and records of the court in
adoption proceedings [shall not be]
are not open to inspection [of] by any
person except upon an order of the court expressly so permitting pursuant to a
petition setting forth the reasons therefor [.]
or if a natural parent and the child are eligible to
receive information from the state register of adoptions.
Sec. 48. NRS 127.186 is hereby amended to read as
follows:
127.186 1. The welfare
division of the department of human resources, or a
child-placing agency licensed by the welfare division pursuant to this chapter,
is hereby authorized and empowered to consent to the adoption of a child
under 18 years of age with special needs due to race, age, physical or mental
problems in the custody of the welfare division or the
licensed agency by proposed adoptive parents of limited means when, in
the judgment of the welfare division [,]
or the licensed agency, it would be to the best
interests of such child to be placed in such adoptive home and it would be
difficult to locate a suitable adoptive home where the adoptive parents would
be capable of bearing the full costs of maintaining such child.
κ1979
Statutes of Nevada, Page 1284 (CHAPTER 599, SB 294)κ
2. [Upon
such consent and approval by the court, the] The welfare division is authorized [, if within the limitation imposed by subsection 7,]
to grant financial assistance for maintenance or preexisting physical or mental
conditions to the adoptive parents out of [such
funds as may be] money provided for
that purpose if:
(a) Due and diligent effort has been made by the
welfare division or the licensed agency to locate
a suitable adoptive home for such child where financial assistance would not be
required.
(b) The state welfare administrator has reviewed
and approved in writing the proposed adoption and grant of assistance.
3. The financial assistance grant [shall] must be
limited by agreement in writing between the welfare division and the adoptive
parents, both as to amount and duration, which agreement [shall] does not
become effective [unless presented to and
approved by the court at the time of making] until the entry of the order of adoption.
4. Any grant of financial assistance [shall] must be
reviewed and evaluated at least once annually by the welfare division. Such
evaluation [shall] must be presented for approval to [the court with a recommendation by] the
state welfare administrator. Financial assistance [shall]
must be discontinued immediately upon written
notification to the adoptive parents by the
welfare division [by the court] that
continued assistance is denied.
5. All financial assistance provided
under this section [shall cease] ceases immediately when the child attains his or her
majority, becomes self-supporting, is emancipated or dies, whichever [event shall first occur.] is first.
6. Neither
a grant of financial assistance pursuant to this section nor any discontinuance
of such assistance [shall in any way alter or
affect] affects the legal status or
respective obligations of any party to such adoption.
[7. The
total of all grants of financial assistance made by the welfare division
pursuant to this section in any one fiscal year shall not exceed $10,000.]
Sec. 49. NRS 128.095 is hereby amended to read as
follows:
128.095 If the putative father of a child
fails to acknowledge the child or petition to have his parental rights
established in a court of competent jurisdiction [pursuant
to NRS 41.530 prior to] before a
hearing on a petition to terminate his parental rights, he is presumed to have
intended to abandon the child.
Sec. 50. NRS
130.245 is hereby amended to read as follows:
130.245 If the obligor asserts as a
defense that he is not the father of the child for whom support is sought and
it appears to the court that the defense is not frivolous, and if both of the
parties are present at the hearing or the proof required in the case indicates
that the presence of either or both of the parties is not necessary, the court
may adjudicate the paternity issue [.]
as provided in chapter 126 of NRS. Otherwise the
court may adjourn the hearing until the paternity issue has been adjudicated.
Sec. 51. NRS 201.020 is hereby amended to read as
follows:
201.020 1. Any
husband or wife who, without just cause, deserts,
willfully neglects or refuses to provide for the support
and maintenance of his [wife] spouse in destitute or necessitous circumstances;
or any parent who without lawful excuse deserts or willfully neglects or
refuses to provide for the support and maintenance of his or her legitimate or
illegitimate minor child or children or any parent who without lawful excuse
deserts or willfully neglects or refuses to provide for the support and
maintenance of his or her legitimate or illegitimate minor child or children
who upon arriving at the age of majority are unable to provide themselves with
support and maintenance due to infirmity, incompetency or other legal
disability contracted prior to their reaching the age of majority, shall be
punished:
κ1979
Statutes of Nevada, Page 1285 (CHAPTER 599, SB 294)κ
willfully neglects or refuses to provide for the support and
maintenance of his [wife] spouse in destitute or necessitous circumstances; or
any parent who without lawful excuse deserts or willfully neglects or refuses
to provide for the support and maintenance of his or her legitimate or
illegitimate minor child or children or any parent who without lawful excuse
deserts or willfully neglects or refuses to provide for the support and
maintenance of his or her legitimate or illegitimate minor child or children who
upon arriving at the age of majority are unable to provide themselves with
support and maintenance due to infirmity, incompetency or other legal
disability contracted prior to their reaching the age of majority, shall be
punished:
[1.] (a) If the conduct for which the defendant was
convicted persisted for less than 6 months, for a misdemeanor or, if such
conduct persisted for more than 6 months, for a gross misdemeanor or, if for
more than 1 year as provided in [subsection 2.]
paragraph (b).
[2.] (b) For any subsequent offense by imprisonment in
the state prison for not less than 1 year nor more than 6 years, or by a fine
of not more than [$1,000,] $5,000 or by both fine and imprisonment.
2. In addition to
other orders which the court may make relative to the defendants obligation to
provide support to his spouse and children, the court may impose an
intermittent sentence on a person found guilty of a violation of subsection 1
if it finds that such a sentence would be in the best interest of the
defendants spouse and child or children.
Sec. 52. NRS
201.025 is hereby amended to read as follows:
201.025 1. The district
attorney of the county of residence of a spouse or minor
child who has been deserted, neglected or for whom support and maintenance are
refused as proscribed by NRS 201.020 shall take such action as is necessary to
establish [paternity] the parentage of such child and locate, apprehend [or] and take
legal action against [a] the deserting or nonsupporting parent. [of such applicant or
recipient.]
2. In a county where the district
attorney has deputies to aid him in the performance of his duties, such
district attorney shall designate himself or a particular deputy as responsible
for performing the duties imposed by subsection 1.
Sec. 53. NRS
41.530, 56.010, 126.010, 126.020, 126.090 to 126.110, inclusive, 126.130 to
126.180, inclusive, 126.220, 126.230, 126.270 to 126.320, inclusive, 126.340,
126.350, 126.370, 126.380, 134.170 and 134.180 are hereby repealed.
________
κ1979 Statutes
of Nevada, Page 1286κ
CHAPTER 600, SB 295
Senate Bill No.
295Committee on Judiciary
CHAPTER 600
AN ACT relating to the state judicial
department; prohibiting the private practice of law by district judges;
restricting the practice of law by certain justices of the peace; 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
3.120 is hereby amended to read as follows:
3.120 A district judge [shall not act as attorney or counsel in any court
except in an action or proceeding to which he is a party on the record.]
may not engage in the private practice of law.
Sec. 2. Chapter
4 of NRS is hereby amended by adding thereto a new section which shall read as
follows:
A justice of the peace in a
township having a population of more than 60,000, as determined by the last
preceding national census of the Bureau of the Census of the United States
Department of Commerce, may not act as attorney or counsel in any court except
in an action or proceeding to which he is a party on the record.
Sec. 3. The
provisions of this act do not apply to any district judge or justice of the
peace during a term which is current on July 1, 1979.
________
CHAPTER 601, SB 304
Senate Bill No.
304Senator Jacobsen
CHAPTER 601
AN ACT making an appropriation from the
state general fund for the use of the Carson-Tahoe Hospital to help finance the
construction of rooms suitable for the hospitalization of prisoners; 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 for the use of the
Carson-Tahoe Hospital in Carson City, Nevada, the sum of $150,000 to help
finance the construction of rooms suitable for the hospitalization of
prisoners.
Sec. 2. After
June 30, 1981, the unencumbered balance of the appropriation made in section 1
of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 1287κ
CHAPTER 602, SB 356
Senate Bill No.
356Senator Dodge
CHAPTER 602
AN ACT relating to public buildings;
authorizing a tax on residential construction for the purpose of erecting or
adding to school buildings; 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
338 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.
Sec. 2. As used in section 3 of this act:
1. Apartment
house means a building arranged in several suites of connecting rooms, each
suite designed for independent housekeeping, but with certain typical
mechanical conveniences, such as air conditioning, heat, light or elevator
services shared in common by all families occupying the building.
2. Lot for a
mobile home means any area or tract of land designated, designed or used for
the occupancy of a mobile home. A mobile home is a vehicle without motive
power designed or equipped for living purposes and to carry property or
passengers wholly on its own structure and to be drawn by a motor vehicle.
3. Residential
dwelling unit means a building or a portion of a building planned, designed or
used as a residence for one family only, living independently of other families
or persons, and having its own bathroom and housekeeping facilities included in
the unit.
Sec. 3. 1. The tax on residential construction authorized
by this section is a specified amount which must be the same for each:
(a) Lot for a mobile
home;
(b) Residential dwelling
unit; and
(c) Suite in an apartment
house,
imposed on the privilege of
constructing apartment houses, and residential dwelling units and developing
lots for mobile homes.
2. The board of
trustees of any school district whose population is less than 25,000 may
request that the board of county commissioners of the county in which the
school district is located impose a tax on residential construction in the
school district for the purpose of erecting and making additions to school
buildings. Whenever the board of trustees takes that action it shall notify the
board of county commissioners and shall specify the areas of the county to be
served by the buildings to be erected or enlarged.
3. If the board of
county commissioners decides that the tax should be imposed, it shall notify
the Nevada tax commission. If the commission approves, the board of county
commissioners may then impose the tax, whose specified amount must not exceed
$1,000.
4. The board shall
collect the tax so imposed, in the areas of the county to which it applies, and
may require that administrative costs, not to exceed 1 percent, be paid from
the amount collected.
5. The money
collected must be deposited with the county treasurer in the school district building reserve fund to be held and
expended in the same manner as other money deposited in that fund.
κ1979
Statutes of Nevada, Page 1288 (CHAPTER 602, SB 356)κ
in the school district building
reserve fund to be held and expended in the same manner as other money
deposited in that fund. If the district has no building reserve fund the money
must be deposited with the county treasurer in a special fund to be used only
for the purpose of erecting and making additions to school buildings.
Sec. 4. The Nevada tax commission shall, every 4 years after it has
approved the imposition of a tax on residential construction in a particular
county or area of a county, review the need for the tax under the circumstances
existing at the time of the review. If the commission finds that the tax is no
longer needed, it shall so inform the board of county commissioners of that
county, who shall repeal the tax as of the end of the current fiscal year.
Sec. 5. NRS
338.010 is hereby amended to read as follows:
338.010 As used in [this chapter:] NRS
338.010 to 338.180, inclusive:
1. Day
labor means all cases where public bodies, their officers, agents or
employees, hire, supervise and pay the wages thereof directly to a workman or
workmen employed by them on public works by the day and not under a contract in
writing.
2. Public body means the state, county,
city, town, village, school district or any public agency of this state or its
political subdivisions sponsoring or financing a public work.
3. Public work means new construction
of and the repair and reconstruction work on all public buildings, public
highways, public roads, public streets and alleys, public utilities paid for in
whole or in part by public funds, publicly owned water mains and sewers, public
parks and playgrounds, and all other publicly owned works and property.
4. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare,
vacation and holiday pay, the cost of apprenticeship training or other similar
programs, or other bona fide fringe benefits which are a benefit to the
workman.
The obligation of a contractor or subcontractor to
make such wage payments in accordance with the prevailing wage determination of
the labor commissioner may be discharged by the making of payments in cash, or
by making contributions to an established third person pursuant to a fund, plan
or program in the name of the workman.
5. Workman means a skilled mechanic,
skilled workman, semiskilled mechanic, semiskilled workman or unskilled
workman.
________
κ1979
Statutes of Nevada, Page 1289κ
CHAPTER 603, SB 394
Senate Bill No.
394Committee on Commerce and Labor
CHAPTER 603
AN ACT relating to savings and loan
associations; making various changes in the law regulating savings and loan
associations; 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
673 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Any change or proposed change
in the stock ownership of an association which would result in the obtaining by
any person, including but not limited to a business trust, of 10 percent or
more of the outstanding capital stock of an association must be reported by the
president of the association to the commissioner within 10 days after obtaining
knowledge of that change or proposed change.
Sec. 2. NRS
673.011 is hereby amended to read as follows:
673.011 Home means a dwelling or
dwellings for not more than four families, the principal use of which is for
residential purposes. The term includes:
1. A dwelling on a farm.
2. A dwelling unit of a cooperative
housing corporation.
3. A mobile home
as defined in NRS 489.120, with the wheels removed and skirting added, when set
on a foundation located on land which the owner of the home owns or occupies
pursuant to a tenancy with a term of 40 years or more.
Sec. 3. NRS
673.080 is hereby amended to read as follows:
673.080 1. The secretary of
state shall not issue any certificate to [any
such] an association or company
authorizing it to do business until the articles of association, agreement or
incorporation are approved by the commissioner.
2. No amendment to the articles of [any such] the organization
may be filed by the secretary of state without the written approval [thereof] of the
articles by the commissioner.
3. No association may sell, offer for
sale, negotiate for the sale of, take subscriptions for, or issue any of its
permanent stock until it has first applied for and secured from the
commissioner approval of an application for permission to organize as provided
for in this section.
4. (a) Persons who desire to
organize an association under this chapter shall first execute in triplicate an
application, in the form prescribed by the commissioner, for permission to
organize [such] an association
before taking any other action in connection [therewith.]
with the organization.
(b) Upon execution
of an application for permission to organize by seven responsible citizens,
referred to in this section as applicants, the original and two copies [thereof shall] of
the application must be submitted to the commissioner. The applicants
shall submit with their application the names and addresses of the applicants,
the location of the proposed office, and itemized account of the financial
condition of the proposed association and of the
applicants, the amount and character of the proposed stock, statements,
exhibits, maps and such additional information as the commissioner may require,
together with an affidavit that the representations made thereby are consistent
with the facts to the best of the applicants information and belief.
κ1979
Statutes of Nevada, Page 1290 (CHAPTER 603, SB 394)κ
proposed association and of the applicants, the amount and
character of the proposed stock, statements, exhibits, maps and such additional
information as the commissioner may require, together with an affidavit that
the representations made thereby are consistent with the facts to the best of
the applicants information and belief. This data [shall]
must be sufficiently detailed and comprehensive
to enable the commissioner to pass upon the application as to:
(1) The character and responsibility of
the applicants;
(2) The need for [such]
the association in the community to be served;
(3) The reasonable probability of its
usefulness and success; and
(4) Whether or not such an association
can be established without undue injury to any properly conducted existing
savings and loan institutions.
(c) If the commissioner approves the application
he shall, within 30 days, notify all associations within 100 miles of the
community where the applicant intends to establish an association. Any
association so notified may, within 20 days, protest in writing the granting of
the application. Within 30 days after receipt by the commissioner of [such] the written
protest, the commissioner shall fix a date for a hearing upon the protest, and
the hearing [shall] must be held not earlier than 30 days nor more than 60
days from the date of receipt of written notice by registered or certified mail
by the parties.
(d) The commissioner shall approve or deny the
application within 90 days from the date of the conclusion of the hearing and [shall] give all parties written notice
of his decision on or before [such]
that date.
(e) If the commissioner approves the
application, he shall establish as conditions to be met [prior
to] before the issuance of a
charter requirements as to:
(1) The minimum number of shares of
permanent capital stock to be subscribed to the associations permanent
capital, of which at least 75 percent in number of stockholders and dollar
amount of capital must be subscribed by bona fide residents of the State of
Nevada;
(2) The minimum amount of paid-in
surplus;
(3) The minimum amount of investment
certificates to be paid into the associations savings accounts upon issuance
of a charter to it; and
(4) Such other requirements as he deems
necessary or desirable.
Approval of an application for permission to organize an
association [shall] does not in any manner obligate the commissioner to
issue a charter, except that when all requirements of this chapter and of the
commissioner have been fulfilled, he shall issue a charter.
(f) The charter [shall
expire] expires 180 days [from] after issuance,
unless, within that time, the association has obtained insurance of accounts
from the Federal Savings and Loan Insurance Corporation. The commissioner may,
for good cause, extend the time of [such]
the conditional expiration of the charter for an
additional period or periods not exceeding 360 days in the aggregate.
5. An association shall not sell or issue
any of its permanent stock until it has first applied for and secured from the
commissioner a license authorizing it to operate as a savings and loan
association under the laws of this state and until it has
applied for and secured insurance of accounts under the rules and regulations
of the Federal Savings and Loan Insurance Corporation.
κ1979
Statutes of Nevada, Page 1291 (CHAPTER 603, SB 394)κ
of this state and until it has applied for and secured
insurance of accounts under the rules and regulations of the Federal Savings
and Loan Insurance Corporation. This insurance of
accounts must be maintained at all times.
6. The commissioner may extend the time
for any hearing provided for in this section, to the time agreed upon by the
parties.
7. Every application for permission to
organize, as provided for in this section, [shall]
must be accompanied by a fee of $500, which [shall] must be
paid into the state general fund and no part of it [shall]
may be refunded.
8. The commissioner may impose conditions
requiring the impoundment of proceeds from the sale of any stock, limiting the
expense in connection with the sale of stock, and such other conditions as are
reasonable and necessary or advisable to insure the disposition of the proceeds
from the sale of the stock in the manner and for the purposes provided in the
permission to organize.
9. Every permission to organize issued by
the commissioner shall recite in bold type that [the
issuance thereof] its issuance is
permissive only and does not constitute a recommendation or endorsement of the
organization or of the stock permitted to be issued.
10. Any corporation making application
under this section or authorized to organize or authorized to establish a
savings and loan association shall provide for a minimum par value of its
permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below
$1 without written permission of the commissioner.
11. The
removal of the home office or of any branch office of an association to any
other location from its then-existing location requires prior approval of the
commissioner. An application seeking [such]
approval must be delivered to the commissioner, together with a fee to cover
expenses attendant upon the investigation required for [such]
the approval, which [shall]
must be in an amount, not less than $100 nor more
than $250, to be determined by the commissioner.
12. An association shall not pay any commissions
or other compensation for the subscription to or sale of the original issue of its stock.
Sec. 4. NRS
673.221 is hereby amended to read as follows:
673.221 1. It is unlawful
for an officer, director, employee or capital stockholder of an association:
(a) To solicit, accept or agree to accept,
directly or indirectly, from any person other than the association, any
gratuity, compensation or other personal benefit for any action taken by the
association or for endeavoring to procure any such action.
(b) To have any interest, direct or indirect, in
the purchase at less than its face value of any evidence of a savings account
or other indebtedness issued by the association, excluding stock certificates
and junior capital notes.
2. It is unlawful for any stockholder
with more than 5 percent of the outstanding capital stock of an association, or
any director or principal officer, to have any interest, direct or indirect, in
the proceeds of a loan or of a purchase or sale made by the association, unless
[such] the
loan, purchase or sale is authorized expressly by this chapter or by a
resolution of the board of directors of the association.
κ1979
Statutes of Nevada, Page 1292 (CHAPTER 603, SB 394)κ
the loan, purchase or sale is
authorized expressly by this chapter or by a resolution of the board of
directors of the association. [Such resolution
shall] The resolution must be
approved by a vote of at least two-thirds of all the directors of the
association, and an interested director [shall
take no] may not take part in the
vote. The loan must also conform to federal regulations
for the insurance of accounts.
3. Any
violation of the provisions of this section is a misdemeanor.
Sec. 5. NRS
673.250 is hereby amended to read as follows:
673.250 1. No association
may sell or issue any of its permanent stock until it has first applied for and
secured from the commissioner a license authorizing it so to do as provided in
NRS 673.080.
2. Every [such
license shall] license must recite
in bold type that the issuance [thereof]
of the license is permissive only and does not
constitute a recommendation or endorsement of the stock permitted to be issued.
3. Before the sale of, or option to buy, any additional authorized but unissued permanent capital stock, the
association [shall] must have the written approval of the commissioner. [No sale of additional permanent capital stock shall be
approved for a price less than the book value of the permanent capital stock
except with the approval of the commissioner.]
4. The commissioner may impose conditions
requiring the impoundment of the proceeds from the sale of any stock, limiting
the expense in connection with the sale and such other conditions as are
reasonable and necessary or advisable to insure the disposition of the proceeds
from the sale of the stock in the manner and for the purposes provided in the
license.
Sec. 6. NRS
673.276 is hereby amended to read as follows:
673.276 1. An association
may invest in:
(a) Without limit, obligations of, or
obligations guaranteed as to principal and interest by, the United States or
any state.
(b) Obligations of the United States Postal
Service, whether or not guaranteed as to principal and interest by the United
States.
(c) Stock of a federal home-loan bank of which
it is eligible to be a member.
(d) Any obligations or consolidated obligations
of any federal home-loan bank or banks.
(e) Stock or obligations of the Federal Savings
and Loan Insurance Corporation.
(f) Stock or obligations of a national mortgage
association or any successor or successors thereto, including the Federal
National Mortgage Association.
(g) Demand, time or savings deposits with any
bank or trust company, the deposits of which are insured by the Federal Deposit
Insurance Corporation.
(h) Stock or obligations of any corporation or
agency of the United States or any state, or in deposits therewith to the
extent that such corporation or agency assists in furthering or facilitating
the associations purposes or powers.
(i) Savings accounts of any insured
state-licensed association and of any federal savings and
loan association, but each investment in any other savings and loan association
must be fully insured by the Federal Savings and Loan Insurance Corporation.
κ1979
Statutes of Nevada, Page 1293 (CHAPTER 603, SB 394)κ
any federal savings and loan association, but each
investment in any other savings and loan association must be fully insured by
the Federal Savings and Loan Insurance Corporation.
(j) Bonds, notes or other evidences of
indebtedness which are general obligations of any city, town, county, school
district or other municipal corporation or political subdivision of any state.
(k) Shares and other securities of a state
development corporation organized under the provisions of chapter 670 of NRS.
2. An association may invest any portion
of its money in loans secured by first lien deeds of trust or mortgages upon
real property. Additional loans or advances on the same property, without intervening
liens, shall be deemed to be first liens for the purpose of this chapter, but
no one nonresidential loan may be made in excess of 2 percent of the total
savings accounts of the association unless approved in writing by the
commissioner.
3. An association may invest any of its
money in a loan to finance a borrowers interest in or to refinance his
existing interest in a cooperative housing corporation if the loan is secured by:
(a) A first security interest in stock or a
certificate of membership in the cooperative housing corporation; and
(b) An assignment of or lien on the borrowers
interest in the lease or other right of tenancy to a dwelling unit of the
cooperative housing corporation.
A first security interest may exist notwithstanding any mortgage
or deed of trust encumbering the property owned by the cooperative housing
corporation if the stock or certificate of membership in the corporation and
the borrowers lease or other right of tenancy are not encumbered with a prior
security interest. For purposes of this chapter, additional loans or advances
on the same interest in a cooperative housing corporation, without intervening
liens, shall be deemed to be first security interests. For purposes of this
chapter, the interest in a cooperative housing corporation which is encumbered
by a security interest shall be deemed to be real property and the security
interest shall be deemed to be a mortgage on real property.
4. No association may create loans by
investment in real property farther than 100 miles from its home office [,] or a
full-service branch, unless it has the prior, written approval of the
commissioner. [Such] The investment may include the subdivision and
development of [such] real property
principally for residential use. An association must not have investments under
this subsection at any time greater than 5 percent of its assets. No investment
made pursuant to this subsection may be held by an association for more than 3
years except with the written permission of the commissioner.
Sec. 7. NRS
673.327 is hereby amended to read as follows:
673.327 An association may make loans
secured by real property on the direct reduction plan:
1. On residential property, including a
combination home and business property, repayable within 30 years, up to 80
percent of the value, or for a loan guaranteed or insured by a governmental
agency, up to the maximum number of years and percentage
of value acceptable to that agency;
κ1979
Statutes of Nevada, Page 1294 (CHAPTER 603, SB 394)κ
maximum number of years and percentage of value acceptable
to that agency;
2. On other improved real property, up to
75 percent of the value if the loan is repayable within 25 years; and
3. On unimproved real property, up to [60] 70 percent
of the [value if the loan is repayable within 6
years, or up to two-thirds of the value if the loan is repayable within 3
years,] lower of appraised value or
purchase price:
(a) Repayable on a
monthly amortized basis within 15 years; or
(b) With interest only
payable semiannually for not more than 5 years and principal payable in a
single payment or on an amortized basis over the remaining term of the loan,
but such loans [shall]
must not at any time exceed [3] 5 percent
of the total assets of the association.
Sec. 8. NRS
673.328 is hereby amended to read as follows:
673.328 An association may make loans of
the types enumerated in this section on the security of first liens on improved
real property only when the resulting aggregate amount of the following
investments does not exceed 30 percent of the associations assets:
1. Residential loans in excess of the
greater of:
(a) One-half of 1 percent of the associations
assets; or
(b) Eighty thousand dollars, after deducting
each part of any such loan if secured by a blanket mortgage, which is
apportionable in an amount not exceeding $80,000 to each home or combination of
home and business property and residential property which is part of the
security.
2. Loans on improved real property other
than homes or combination homes and business property and residential property.
3. Loans on improved real property
located outside the regular lending area of the association unless such loans
are protected by insurance as provided in the National Housing Act, or the
Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage
loans, except construction loans.
5. Loans on one-family, owner-occupied
homes, in an amount between 80 percent and 90 percent, inclusive, of the value,
if:
(a) Impounds are collected for taxes and
insurance.
(b) The association has made or obtained, prior
to the approval of the loan, a written report on the credit standing of the
borrower, showing the financial ability of the borrower to undertake and pay
off the obligation involved in the loan.
(c) The association has obtained, prior to
approval of the loan, a certification in writing to the association stating:
(1) The purpose for which the loan is
sought and, if for the purpose of enabling the borrower to purchase the
security property, the name of the vendor or vendors, and the purchase price;
(2) That there will be no liens upon such
property other than the lien of the association; and
(3) That the borrower is actually
occupying the property as a dwelling or that the borrower in good faith intends
to do so.
(d) That the loan does not exceed [$65,000,] $75,000,
90 percent of the value of the real property
securing the loan or 90 percent of the purchase price of the property,
whichever is the lowest.
κ1979
Statutes of Nevada, Page 1295 (CHAPTER 603, SB 394)κ
the value of the real property securing the loan or 90
percent of the purchase price of the property, whichever is the lowest.
(e) If the loan is sought to finance the
construction of a single-family dwelling, the amount of such loan as exceeds 80
percent of the appraised value [shall]
must not be disbursed until construction has been
fully completed.
(f) Loans granted under this chapter will be
repayable monthly within 30 years.
(g) The record of each such loan [shall] must show
the date and amount of the appraisal on which the loan was made and the date of
approval of the loan by the board of directors or the loan committee.
6. Subsection 5 does not apply to:
(a) Home loans in excess of 80 percent of value
up to 95 percent of value if the excess over 80 percent is insured by a private
insurer approved by the Federal Home Loan Mortgage Corporation, except that
such insured loans in excess of 90 percent of value [shall]
must not exceed [$50,000.]
$60,000.
(b) Home loans in
excess of 80 percent of value if the excess over 80 percent is insured or
guaranteed by an agency or instrumentality of the Federal Government or a state
whose full faith and credit is pledged to the support of the insurance or
guarantee.
Sec. 9. NRS
673.333 is hereby amended to read as follows:
673.333 1. The apportionment
of earnings or payment of interest by declaration of the board of directors [shall] must be
made semiannually on June 30 and December 31 of each year, or quarterly on [such] those dates,
[plus] and
on March 31 and September 30 of each year.
2. The percentage rate of the declaration
[shall] must
be determined by the board of directors as it deems expedient for the
safety and security of all savings depositors, but if [such]
the percentage rate is excessive, unjust or
inequitable, it is subject to disapproval of, and reduction by the
commissioner. However, the association may appeal any disapproval or reduction
by the commissioner to the [board.]
director.
3. No association may be required to pay
or credit interest on accounts of $10 or less which show no entries of debit or
credit for a period of 2 years, except for accumulated interest credits.
4. Except as otherwise provided in this
chapter, interest [shall] must be declared on the participation value of each
account at the beginning of the interest period, plus payments [thereon] on the
account made during the interest period, less amounts withdrawn, which
for interest purposes [shall] must be deducted from the latest previous payments [thereon,] on the
account, computed at the rate for the time invested, determined as
provided in this section.
5. The date of investment is the date of
actual receipt by the association, except that the board of directors may fix a
date, which [shall] may not be later than the 10th day of the month, for
determining the date of investment on which interest is computed. A date later
than the 10th may be set if it is permissible for federal associations. If
permitted by federal regulations, as amended, the board of directors may permit
investments to receive interest calculated from the date of actual receipt.
6. In addition to the classes of savings
accounts provided for in this chapter, an association
may, with the approval of its board of directors, authorize additional classes
of savings accounts which will conform to those types or classes, which have
been established by the Federal Home Loan Bank Board by regulation or which may
be [hereafter] authorized by it.
κ1979
Statutes of Nevada, Page 1296 (CHAPTER 603, SB 394)κ
chapter, an association may, with the approval of its board
of directors, authorize additional classes of savings accounts which will
conform to those types or classes, which have been established by the Federal
Home Loan Bank Board by regulation or which may be [hereafter]
authorized by it.
7. Except when
prescribed for all associations by federal regulation, any association which
changes its method of calculating interest on its savings accounts so as to
decrease the effective yield of that account shall notify each accountholder
affected by the change by mail within 15 days before the proposed effective
date of the change.
Sec. 10. NRS
673.430 is hereby amended to read as follows:
673.430 1. Each [such foreign or domestic association, company or
corporation] association doing
business in this state shall file annually with the commissioner on or before
March 1, a sword statement in two sections.
2. One section of the annual report [shall] must contain,
in such form and detail as the commissioner may prescribe, the following:
(a) The amount of authorized capital by classes
and the par value of each class of stock.
(b) A statement of its assets [and liabilities at the close of its last fiscal year.
(c) Salaries paid to each
of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its
liability to savings depositors at the close of its last fiscal year.
(e)] , liabilities and capital accounts as of the immediately
preceding December 31.
(c) Any other
facts which the commissioner may require.
This section [of the
annual report shall] must be
furnished in duplicate, one certified copy [, duly certified as such,] to be
returned, [to the
reporting organization, which, with the exception of paragraph (c) of
subsection 2, shall be published] for
publication at least two times in [some]
a newspaper having a general circulation in [the] each county
in which the association maintains an office. Publication [shall] must be
completed on or before May 1, and proof [thereof
shall] of publication must be filed
in the office of the commissioner.
3. One section of the annual report [shall] must contain
such other information as the commissioner may require to be furnished. This
section need not be published and [shall]
must be treated as confidential by the
commissioner.
4. Every association shall [be required to] pay to the commissioner
for supervision and examination:
(a) An annual fee of $200 for [each] its home
office, and [an annual assessment on its total
assets computed per $1,000 as of December 31 of the preceding year at the rate
of 15 cents per $1,000 of total assets.] $100
for each branch office open as of the immediately preceding December 31.
(b) An annual [fee
of $100 for each branch office.] assessment
computed as of the immediately preceding December 31 at the rate of 15 cents
per $1,000 of total assets.
κ1979
Statutes of Nevada, Page 1297 (CHAPTER 603, SB 394)κ
5. The commissioner shall determine from
the annual statement the amount due from each association and [shall] submit a bill to the association
for the amount by March 15. A penalty of 10 percent of the fee payable [shall] must be
charged for each month or part [thereof]
of a month that the fees are not paid after April
15 of each year.
6. All sums so received by the
commissioner [shall be forthwith] must be delivered to the state treasurer and paid into
the state general fund.
Sec. 11. NRS
673.450 is hereby amended to read as follows:
673.450 1. The commissioner
is authorized to conduct or cause to be conducted such hearings, investigations
or examinations of the books and records, wherever they may be, relating to the
affairs of such organizations as he may deem expedient and in aid of the proper
administration of the provisions of this chapter.
2. In connection with the conduct of any [such] hearing, investigation or
examination, the commissioner or other person designated by him to conduct [the same shall have power to:] it may:
(a) Compel the
attendance of any person by subpena.
(b) Administer oaths.
(c) Examine any person under oath concerning the
business and conduct of affairs of any association subject to the provisions of
this chapter, and [pursuant thereto to]
require the production of any books, papers, records, [moneys]
money and securities relevant to the inquiry. Any
willful false swearing [shall be deemed]
is perjury and [shall
be] is punishable as such.
3. The
commissioner shall conduct at least once every 2 years an examination of the
books and records of each association licensed under this chapter.
Sec. 12. NRS
673.595 is hereby amended to read as follows:
673.595 1. Every foreign
association which desires to do any business or maintain an office of the kind
provided for in this chapter [shall]
must apply to the commissioner for a license to
transact [such] that business or maintain [such]
that office in this state.
2. Every applicant for a license shall
pay a fee of $250. The commissioner shall issue a license to an applicant if he
is satisfied that the issuance of [such]
the license is consistent with the purpose of
this chapter. The commissioner may revoke any such license when he is satisfied
that the licensed activity or any part of it is not consistent with the
purposes of this chapter. Every licensed foreign association shall pay an
annual fee of [$50.] $200.
3. At the time of making [such] an application,
every foreign association shall provide written consent to whatever examination
or investigation the commissioner may desire to make during the license period.
The commissioner shall charge the foreign association
$30 per hour for the time spent on the examination or investigation by state
examiners.
4. The provisions of chapter 80 of NRS
apply to all foreign associations licensed under the provisions of this
section. For the purposes of this section, activities conducted by any foreign
association, which are limited to any one or more of those enumerated in NRS
80.240, do not constitute doing business or require that
[such] the association be licensed.
κ1979 Statutes
of Nevada, Page 1298 (CHAPTER 603, SB 394)κ
constitute doing business or require that [such] the association
be licensed.
Sec. 13. Sections
2 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
CHAPTER 604, SB 408
Senate Bill No.
408Senator Jacobsen
CHAPTER 604
AN ACT to amend an act entitled An Act
relating to the Marlette Lake water system; authorizing the state board of
examiners to issue and sell state securities in not to exceed the principal
amount of $5,000,000, for the purpose of acquiring with the proceeds thereof
certain facilities for and improvements to the Marlette Lake water system;
prescribing other details and conditions concerning such securities;
prescribing powers, duties and responsibilities of the state board of examiners
and the state public works board; otherwise concerning such securities and
properties by reference to the State Securities Law; authorizing the execution
of a contract between the State of Nevada and Carson City for supplying water
to Carson City from the Marlette Lake water system; making an appropriation;
and providing other matters properly relating thereto, approved May 23, 1975.
[Approved June 2, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
5 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at
page 1370, is hereby amended to read as follows:
Sec. 5. The
legislature finds and declares that:
1. A severe and
critical shortage of water is imminent in the Carson City area which vitally
affects the health and welfare of all of the residents of such area.
2. The state
owns the Marlette Lake water system, composed of the water rights, easements,
pipelines, flumes and other fixtures and appurtenances used in connection with
the collection, transmission and storage of water in Carson City and Washoe
County, Nevada.
3. The state is
obligated by contract to provide the Virginia City Water Company or its
successor with water from the Marlette Lake water system not in excess of [300,000] 500,000 gallons
per day and the Lakeview Water Company or its successor with water from such
water system not in excess of 50,000 gallons per day, and to provide minor
amounts to others.
4. Pursuant to
the requirements of subsection 5 of NRS 331.160, the director of the department
of administration has caused to be developed an engineering study prepared by
Water Resources Consulting Engineers and Montgomery Engineers of Nevada,
intended to suggest alternative methods of alleviating the existing water
shortage by improvement and modernization of the Marlette Lake water system,
and the state has selected that alternative which primarily
involves improvement and utilization of the Hobart Creek reservoir.
κ1979
Statutes of Nevada, Page 1299 (CHAPTER 604, SB 408)κ
primarily involves improvement and
utilization of the Hobart Creek reservoir.
5. The state is
responsible for maintaining Marlette Lake as an efficient trout brood stock and
spawn taking facility.
6. Bonds issued
by the state pursuant to this act shall constitute a debt which is not subject
to the limitations stated in the first paragraph of section 3 of article 9 of
the constitution of the State of Nevada, as from time to time amended, and may
mature within not exceeding 50 years from their date.
7. The
execution of a contract between the state and Carson City for the supplying of
water to Carson City from the Marlette Lake water system is necessary and will
be beneficial to both parties.
Sec. 2. Section
7 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at
page 1371, is hereby amended to read as follows:
Sec. 7. After
receipt of a resolution from the state public works board certifying the need
for moneys with which to acquire the project, the commission, on the behalf and
in the name of the state, may:
1. Acquire the
facilities.
2. Borrow money
and otherwise become obligated in a total principal amount [of not exceeding $5,000,000] not to exceed $7,500,000 to defray wholly or in part
the cost of acquiring the facilities, and issue state securities to evidence
such obligations.
Sec. 3. Section
8 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at
page 1371, is hereby amended to read as follows:
Sec. 8. 1. Subject
to the limitations as to the maximum principal amount in section 6 of this act,
the commission may issue to defray the cost of the project, or any part
thereof, at any time or from time to time after the adoption of this act, but
not [after 5 years from the effective date
thereof,] later than July 1, 1984, as
the commission may determine, the following types of state securities in
accordance with the provisions of the State Securities Law:
(a) General obligation
bonds and other general obligation securities payable from taxes, the payment
of which securities is additionally secured with net pledged revenues;
(b) Revenue bonds and
other securities constituting special obligations and payable from net pledged
revenues; or
(c) Any combination of
such securities.
2. The cost of
the project shall include in addition to the items specified in NRS 349.168 not
to exceed [the sum of $45,000] $60,000 for the preparation, before construction is
undertaken, of an environmental assessment under the direction of the state
public works board to determine the manner of carrying out the Hobart
alternative with the least practicable environmental damage, and not to exceed [$6,500] $40,000 for
the employment and retention of financial consultants and attorneys at law. If
necessary for its timely preparation, the state public
works board or the department of general services, or both, may advance all or
part of the cost of preparation of the environmental assessment from any moneys
lawfully available to either agency, and any moneys so advanced shall be repaid
to the general fund from the proceeds of the bond issue and credited to the
account from which advanced.
κ1979 Statutes
of Nevada, Page 1300 (CHAPTER 604, SB 408)κ
timely preparation, the state
public works board or the department of general services, or both, may advance
all or part of the cost of preparation of the environmental assessment from any
moneys lawfully available to either agency, and any moneys so advanced shall be
repaid to the general fund from the proceeds of the bond issue and credited to
the account from which advanced. The state department of conservation and
natural resources shall on or before January 1, 1977, prepare a watershed
management plan for the Marlette Lake system, with particular emphasis on the
portion affected by the Hobart alternative.
3. [Nothing in this act shall be construed as preventing]
This act does not prevent the commission from
funding, refunding or reissuing any outstanding state securities issued by the
commission at any time as provided in the State Securities Law.
4. Subject to
existing contractual obligations, the net revenues pledged, if any, for the
payment of state securities by the commission may be derived from the operation
of all or any part of the income-producing facilities under the jurisdiction of
the state, including without limitation the facilities acquired by the project.
Sec. 4. Section
9 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at
page 1372, is hereby amended to read as follows:
Sec. 9. 1. After
consultation with the Marlette Lake water system advisory committee and with
the prior approval of the governor [,]
and the interim finance committee, the director
of the department of general services is authorized to execute a contract on
behalf of the state with Carson City, a consolidated municipality created by
and existing pursuant to the provisions of chapter 213, Statutes of Nevada
1969, to carry out the selected Hobart alternative plan to develop additional
water from the Marlette Lake water system and to make such additional water
available to Carson City. Notwithstanding the provisions of chapter 213,
Statutes of Nevada 1969, as amended, or any other statute, the mayor and the
board of supervisors of Carson City are authorized to execute such a contract
on behalf of Carson City, the term of which may not exceed 55 years.
2. The contract
[shall include a provision requiring]
must include provisions:
(a) Requiring
Carson City to pay for a specified amount of water available for
delivery each year, whether or not this amount of water is actually used [.] ; and
(b) Granting
to Carson City the right to renew its contract to purchase the same or a lesser
amount of water each year than is specified in the original contract, at the
same price and upon the same terms as are offered by the other prospective
purchaser, before the water made available to Carson City under the original
contract is made available to any other purchaser. This right is extinguished
by any substantial default on the part of Carson City in the performance of any
of its obligations under the contract.
3. The
following matters shall also be considered in formulating the contract:
κ1979
Statutes of Nevada, Page 1301 (CHAPTER 604, SB 408)κ
(a) Recognition of the
existing contract obligations of the state concerning water from this source.
(b) Mutual releases
because of impossibility of performance.
(c) Description of the
improvements constituting the Hobart alternative.
(d) Reimbursement by
Carson City to the state for these improvements.
(e) Criteria for the
operation and maintenance of the Marlette Lake water system after the
improvements are made, the respective responsibilities of the parties, and the
allocation and payment of attendant costs.
(f) Sale or transfer to
Carson City by the state of the states storage and
treatment facilities in Ash Canyon, the transmission facilities from
such storage reservoirs into Carson City, and the water distribution system
within Carson City.
(g) Criteria for the
operation and maintenance of the facilities and water system described in
paragraph (f) by Carson City and assurances by Carson City that all state-owned
facilities within the vicinity of the Carson City water system will be supplied
with water.
(h) The method of
measuring amounts of water sold and delivered to Carson City.
(i) The term of the
contract.
(j) Water rates to be
charged the state by Carson City for water supplied to state properties.
(k) Quality of the
water sold and delivered.
(1) Future
renegotiation of the contract.
4. Subsection 3
does not require that every matter enumerated be included or mentioned in the
final contract. The intention of the legislature is that the director of the
department of general services, with the approval of the governor [,] and the
interim finance committee, may execute a contract containing equitable
provisions mutually beneficial to the parties to achieve the purposes stated in
this act.
Sec. 5. This
act shall become effective upon passage and approval.
________
CHAPTER 605, SB 412
Senate Bill No.
412Committee on Human Resources and Facilities
CHAPTER 605
AN ACT relating to private education;
providing for the exemption of certain educational seminars from the licensing
requirements of the Postsecondary Educational Authorization 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. NRS
394.371 is hereby amended to read as follows:
394.371 1. The
following kinds of education and institutions are exempted
from the provisions of the Postsecondary Educational Authorization Act:
κ1979 Statutes
of Nevada, Page 1302 (CHAPTER 605, SB 412)κ
exempted from the provisions of the Postsecondary
Educational Authorization Act:
[1.] (a) Institutions exclusively offering instruction
at any level from preschool through the twelfth grade.
[2.] (b) Educational sponsored by a bona fide trade,
business, professional or fraternal organization, so recognized by the
commission solely for the organizations membership, or offered on a no-fee
basis.
[3.] (c) Education solely avocational or recreational
in nature, as determined by the commission, and institutions offering such
education exclusively.
[4.] (d) Education offered by eleemosynary
institutions, organizations or agencies, so recognized by the commission, if such
education is not advertised or promoted as leading toward educational
credentials.
[5.] (e) Postsecondary educational institutions
established, operated and governed by this state or its political subdivisions.
[6.] (f) Schools licensed under other provisions of
Nevada law.
[7.] (g) Flying schools certificated by the Federal
Aviation Administration.
2. An educational
seminar is not exempt from the provisions of the Postsecondary Educational
Authorization Act if:
(a) It offers continuing
education units or other types of instruction for which the units earned are
recognized as college credits and lead toward an academic degree; or
(b) Its advertising
represents that the instruction or training will prepare persons at the entry
level for any field or occupation.
The commission shall adopt
regulations relating to the criteria for exemption set forth in this subsection
and may prescribe conditions and procedures for the granting of exceptions.
________
CHAPTER 606, SB 433
Senate Bill No.
433Senators Kosinski, Don Ashworth, Echols, Faiss, Gibson, Glaser, Hernstadt,
Jacobsen, Lamb, Neal, Raggio, Sloan and Wilson
CHAPTER 606
AN ACT relating to motor vehicles;
enlarging the class of disabled veterans which is exempt from the vehicle
privilege tax; reducing the registration fee on certain vehicles owned by
certain disabled veterans; 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
371.104 is hereby amended to read as follows:
371.104 1. [Vehicles to the extent of $10,000 determined valuation
registered to any actual bona fide resident of the State of Nevada who has
incurred a service-connected disability of the kind described in 38 U.S.C. §
801 as effective on the date when the exemption is claimed, and has received
upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of
the United States are exempt from taxation.]
κ1979
Statutes of Nevada, Page 1303 (CHAPTER 606, SB 433)κ
or certificate of satisfactory
service from the Armed Forces of the United States are exempt from taxation.]
An actual bona fide resident of the State of Nevada who
has incurred a permanent service-connected disability and has been honorably
discharged from the Armed Forces of the United States is entitled to a
veterans exemption from the payment of vehicle privilege taxes on vehicles of
the following determined valuations:
(a) If he has a
disability of 100 percent, the first $10,000 of determined valuation;
(b) If he has a
disability of 80 to 99 percent, inclusive, the first $7,500 of determined
valuation; or
(c) If he has a
disability of 60 to 79 percent, inclusive, the first $5,000 of determined
valuation.
2. For the purpose of this section, the
first $10,000 determined valuation of vehicles in which such person has any
interest shall be deemed to belong entirely to that person.
3. A person claiming the exemption shall
file annually with the department in the county where the exemption is claimed
an affidavit declaring that he is an actual bona fide resident of the State of
Nevada who meets all the other requirements of subsection 1, and that the
exemption is claimed in no other county within this state.
4. Before allowing any exemption pursuant
to the provisions of this section, the department shall require proof of status
of the applicant, and for that purpose shall require production of:
(a) A certificate from the Veterans
Administration that the applicant has [received
or is eligible to receive a grant pursuant to 38 U.S.C. ch. 21;] incurred a permanent service-connected disability, which shows
the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory
service; or
(3) A certified copy of either of these
documents.
5. If a tax exemption is allowed under
this section, the claimant is not entitled to an exemption under NRS 371.103.
6. If any person makes a false affidavit
or produces false proof to the department, and as a result of such false
affidavit or false proof, a tax exemption is allowed to a person not entitled
to such exemption, such person is guilty of a gross misdemeanor.
Sec. 2. NRS
482.377 is hereby amended to read as follows:
482.377 1. A veteran of the
Armed Forces of the United States who, as a result of his service, has suffered
a 100-percent service-connected disability and who receives compensation from
the United States for his disability may register one passenger car or light
commercial vehicle having a manufacturers rated carrying capacity of one ton
or less, for his own personal use.
2. The department shall issue a specially
designed license plate for persons qualified under this section who submit an
application on a form prescribed by the department [,
together with an application fee of $1] and evidence of
disability required by the department. The plates [shall]
must be inscribed with the words DISABLED VETERAN
and three or four consecutive numbers.
3. A vehicle on which license plates
issued by the department under the provisions of this
section are displayed is exempt from the payment of any parking fees, including
those collected through parking meters, charged by the state or any political
subdivision or other public body within the state, other than the United
States.
κ1979
Statutes of Nevada, Page 1304 (CHAPTER 606, SB 433)κ
the provisions of this section are displayed is exempt from
the payment of any parking fees, including those collected through parking
meters, charged by the state or any political subdivision or other public body
within the state, other than the United States.
4. If during a registration year, the
holder of a special plate issued under the provisions of this section disposes
of the vehicle to which the plates are affixed, he shall retain the plates and:
(a) Affix them to another vehicle which meets
the requirements of this section and report the change to the department in
accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates
from the vehicle, return them to the department.
5. If the special plates provided for
under this section are lost, stolen or mutilated, the owner of the vehicle may
secure a set of replacement license plates from the department for a fee of $2.
________
CHAPTER 607, SB 444
Senate Bill No.
444Committee on Government Affairs
CHAPTER 607
AN ACT relating to elections; requiring
that the results of certain elections indicate the number of votes each
candidate received in each precinct; 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
293.370 is hereby amended to read as follows:
293.370 1. When
all the votes have been tallied, the counting board officers shall enter on the
tally lists by the name of [every person voted
for the office for which such person received such votes, and] each candidate the number of votes he received. The
number [shall] must be expressed in words and figures. The vote for
and against any question submitted to the electors [shall]
must be entered in the same manner.
2. The tally lists
must show the number of votes, other than absentee votes and votes in a mailing
precinct, which each candidate received in each precinct at:
(a) A primary election
held in an even-numbered year, other than a presidential preference primary; or
(b) A general election.
Sec. 2. NRS
293B.130 is hereby amended to read as follows:
293B.130 [Prior
to] Before any election where a
punchcard voting system is to be used, the clerk shall prepare or cause to be
prepared a computer program on cards, tape or other material suitable for use
with the computer or counting device to be employed for counting the votes
cast. [Such program shall] The program must cause the computer or counting device
to operate in the following manner:
κ1979
Statutes of Nevada, Page 1305 (CHAPTER 607, SB 444)κ
1. All lawful votes cast by each voter [shall] must be
counted.
2. All unlawful votes, including but not
limited to overvotes or, in a primary election, votes cast for a candidate of a
political party other than the party, if any, of the voters registration, [shall] must not
be counted.
3. [Total
votes shall be accumulated.] If the
election is:
(a) A primary election
held in an even-numbered year, other than a presidential preference primary; or
(b) A general election,
the total votes, other than absentee
votes and votes in a mailing precinct, must be accumulated by precinct.
4. The computer or counting device [shall] must halt
or indicate by appropriate signal if a ballot card is encountered which lacks a
code identifying the precinct in which the ballot was voted and, in a primary
election, identifying the political party of the voter.
Sec. 3. NRS
293B.380 is hereby amended to read as follows:
293B.380 1. The ballot
processing and packaging board shall be composed of persons who are qualified in
the use of the data processing equipment to be operated for the voting count.
2. The board shall:
(a) Permit only those persons authorized by the
county clerk to gain access to the computer center counting area during the
period when ballots are being processed.
(b) Receive ballot cards and maintain groupings
of all ballot cards by precinct.
(c) Before each counting of ballot cards (or
computer run) begins, validate the test material with the ballot counting
program.
(d) Maintain a log showing the sequence in which
ballot cards of each precinct are processed, as a control measure to insure
that the ballot cards of all precincts are processed.
(e) After each counting of the ballot cards,
again verify the test material with the ballot counting program to substantiate
that there has been no substitution or irregularity.
(f) Record an explanation of any irregularity
that occurs in the processing.
(g) If the election is:
(1) A primary
election held in an even-numbered year, other than a presidential preference
primary; or
(2) A general
election,
ensure that a list is compiled
indicating the total votes, other than absentee votes and votes in a mailing
precinct, which each candidate accumulated in each precinct.
(h) Collect all
returns, programs, test materials, ballot cards and other election items at the
computer center and package and deliver the items to the county clerk for
sealing and storage.
________
κ1979
Statutes of Nevada, Page 1306κ
CHAPTER 608, SB 447
Senate Bill No.
447Senator Jacobsen
CHAPTER 608
AN ACT relating to dairy products and
substitutes; providing for allocation of certain interest to the dairy
commission fund to retain interest; prohibiting the sale of a substitute dairy
product below cost; providing that certain price lists must show minimum
prices; increasing a license application fee; providing credit for certain
assessments against other assessments; increasing the time records must be
retained; preserving the state dairy commission and its authority until 1983;
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
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 proportionate shares of the
interest earned and received by:
(a) The dairy commission
fund;
(b) The
legislators retirement fund;
[(b)] (c) The public employees retirement fund;
[(c)] (d) The state permanent school fund;
[(d)] (e) The silicosis and disabled pension fund;
[(e)] (f) The wildlife account; and
[(f)] (g) 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 resources of the department of
energy is responsible,
must be accounted for as income and an asset of such fund.
Sec. 2. Chapter
584 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. A distributor
shall not sell a substitute dairy product below its cost to him.
2. A distributor
who sells or distributes a substitute dairy product shall file with the
commission a statement of the cost of the substitute dairy product to him. The
statement must be supplemented periodically as
required by regulations adopted by the state dairy commission.
κ1979
Statutes of Nevada, Page 1307 (CHAPTER 608, SB 447)κ
as required by regulations adopted by
the state dairy commission. The commission shall keep all statements
confidential except when used in a judicial proceeding or an administrative
proceeding relating to the provisions of this chapter.
Sec. 3. NRS
584.176 is hereby amended to read as follows:
584.176 As used in NRS 584.177 to
584.179, inclusive, [substitute] and section 2 of this act:
1. Distributor
has the meaning ascribed to it in NRS 584.345.
2. Substitute dairy
product means any substance, mixture or compound intended for human
consumption as a food product other than milk or dairy products which are
intended to resemble milk or dairy products, but contain fat or oil other than
milk fat.
Sec. 4. NRS
584.345 is hereby amended to read as follows:
584.345 1. Distributor
means any person, whether or not [such]
the person is a producer or an association of
producers, who purchases or handles fluid milk, fluid cream or any other dairy
product for sale, including brokers, agents, copartnerships, cooperative
corporations, and incorporated and unincorporated associations.
2. The definition of distributor [shall] does not
include any of the following:
(a) Any retail store that is not engaged in
processing and packaging fluid milk or fluid cream [and]
or does not purchase, transport
into the state, or otherwise receive for resale, fluid milk, fluid cream
or any other dairy product from sources outside [the
State of Nevada.] this state.
(b) Any
establishment, where fluid milk or fluid cream is sold only for consumption or
the premises, that is not engaged in processing and packaging fluid milk or
fluid cream.
(c) Any person owned or controlled by one or
more retail stores or owned or controlled by one or more establishments where
fluid milk or fluid cream is sold for consumption on the premises, which person
is not actively and directly engaged in the processing and packaging of fluid
milk or fluid cream.
(d) Any producer who delivers fluid milk or
fluid cream only to a distributor.
Sec. 5. NRS
584.520 is hereby amended to read as follows:
584.520 1. In addition to
procedures provided for in subsections 3 and 4, the commission may amend or
terminate any stabilization and marketing plan, after notice and public hearing
as prescribed in NRS 584.550 to 584.565, inclusive, if it finds that [such] the plan
is no longer in conformity with the standards prescribed in, or will not tend
to effectuate the purposes of, NRS 584.325 to 584.690, inclusive.
2. [Such]
The hearing may be held upon the motion of the
commission and [shall] must be held if a proper petition is filed. The commission shall hold the hearing in the marketing area to
which the plan applies.
3. If
producers wish to abandon an existing stabilization and marketing plan and
establish a Federal Milk Marketing Order or other similar type of milk
marketing order, the commission may continue a marketing and stabilization plan
in effect for any given area, insofar as wholesale and retail provisions are
concerned, whenever it appears that 55 percent of the
distributors in any given area, whose major interest in the fluid milk and
fluid cream business consists of at least 55 percent of the fluid milk and
fluid cream distributed within the area by volume, desire that the wholesale
and retail provisions, including price regulations, be continued.
κ1979
Statutes of Nevada, Page 1308 (CHAPTER 608, SB 447)κ
55 percent of the distributors in any given area, whose
major interest in the fluid milk and fluid cream business consists of at least
55 percent of the fluid milk and fluid cream distributed within the area by
volume, desire that the wholesale and retail provisions, including price
regulations, be continued.
4. Areas which are nonproducing may
terminate a stabilization and marketing plan which affects wholesale and retail
prices if 55 percent of the licensed distributors delivering 55 percent of the
products to [such] that area wish to terminate [such]
the plan after notice and public hearing as
prescribed in NRS 584.550 to 584.565, inclusive.
Sec. 6. NRS
584.522 is hereby amended to read as follows:
584.522 1. An amendment or
termination of a stabilization and marketing plan may be initiated by filing a
petition with the commission. The petition, filed in [ten]
four copies, [shall]
must include:
(a) The name and address of every person joining
in the petition. If the petitioner is a cooperative association of producers, a
partnership or corporation the names of the [duly]
authorized representative or representatives thereof shall be listed.
(b) A concise statement of the specific relief
requested.
(c) A specific statement of the reasons why such
relief is needed.
(d) A statement of the substantiating evidence.
2. The petition [shall]
must be signed by the petitioners and an
affidavit [shall] must accompany each [such]
petition [setting forth] stating that the facts [set
forth] therein are true and correct to the best of the
petitioners knowledge, information, and belief.
3. There [shall]
must be attached as an exhibit to the original
copy only of each petition filed substantiating evidence in support of [such] the petition.
Additional information [shall] must be supplied to the commission upon request.
4. Any person may, before the hearing,
examine a copy of the petition and accompanying statements, but not the
exhibits attached thereto and file an answer, protest or any other statement
concerning the petition.
5. At the hearing, the burden of proof is
on the petitioners to show by clear and satisfactory evidence that the
amendment or termination of a plan is necessary.
6. After the petitioners have presented
their evidence, the commission staff shall, and any other person may, present
evidence in support of or in protest of the proposed action.
Sec. 7. NRS
584.565 is hereby amended to read as follows:
584.565 1. If the commission
finds that a stabilization and marketing plan is necessary to accomplish the
purposes of NRS 584.325 to 584.690, inclusive, it shall formulate a
stabilization and marketing plan for fluid milk or fluid cream or both for such
area and issue a notice of public hearing upon the plan formulated to all
producers and distributors of record with the commission who may be subject to
the provisions of [such] the plan.
2. The notice of hearing may be effected
by mail or by publication for 5 successive days in a newspaper of general
circulation in the area designated and [shall]
must specify the time and the place of [such] the hearing,
which [shall] must not be held [prior
to] before 10 days from the mailing or from the final publication of [such] the notice; but
if no daily newspaper of general circulation is published in the area
designated, publication of notice for 2 successive weeks in a weekly newspaper
of general circulation in the area will be considered proper publication of
notice.
κ1979
Statutes of Nevada, Page 1309 (CHAPTER 608, SB 447)κ
mailing or from the final publication of [such] the notice;
but if no daily newspaper of general circulation is published in the area
designated, publication of notice for 2 successive weeks in a weekly newspaper
of general circulation in the area will be considered proper publication of
notice.
3. At the hearing, which must be held in the area to which the plan applies, interested
persons shall be heard and records kept of the [proceedings
of such] hearing for determination by the commission whether the
plan proposed will accomplish the purposes of NRS 584.325 to 584.690,
inclusive.
4. If, after public hearing, the
commission determines that the proposed plan will tend to accomplish the
purposes of NRS 584.325 to 584.690, inclusive, within the standards herein
prescribed, is shall issue an order to all producers and distributors of record
with the commission and subject to the provisions of [such]
the plan, declaring [such]
the plan in effect within 30 days from the date
of [such] the
hearing.
Sec. 8. NRS
584.568 is hereby amended to read as follows:
584.568 1. Each
stabilization and marketing plan may contain provisions fixing the price of
which fluid milk and fluid cream is sold by producers, distributors and
retailers and [shall] must contain provisions regulating all discounts
allowed by producers, distributors and retailers.
2. If the commission establishes minimum
prices to be paid by distributors to producers the commission shall consider,
but not be limited to, the following factors:
(a) Cost of production.
(b) Reasonable return upon capital investment.
(c) Producer transportation costs.
(d) Cost of compliance with health regulations.
(e) Current and prospective supplies of fluid
milk and fluid cream in relation to current and prospective demands for such
fluid milk and fluid cream.
3. If the commission establishes minimum
prices to be paid by retailers to wholesalers and by consumers to retailers the
commission shall consider, but not be limited to, the following factors:
(a) The quantities of fluid milk or fluid cream,
or both, distributed in the marketing area covered by the stabilization and
marketing plan.
(b) The quantities of fluid milk or fluid cream,
or both, normally required by consumers in such marketing area.
(c) The cost of fluid milk [or] and fluid
cream [, or both,] to distributors
and retail stores, which [in all cases shall be,
respectively, the prices] is the price
paid by distributors to producers and the [minimum
wholesale prices,] price paid by wholesale
customers to distributors, as established pursuant to NRS 584.325 to
584.690, inclusive.
(d) The reasonable cost of handling fluid milk [or] and fluid
cream [, or both,] incurred by
distributors and retail stores, respectively, including all costs of hauling,
processing, selling and delivering by the several methods used in such
marketing area in [accomplishing such]
hauling, processing, selling and delivering, as such costs are determined by
impartial audits of the books and records, or surveys, or both, of all or such
portion of the distributors and retail stores, respectively, of each type or class
in such marketing area as are reasonably determined by the commission to be sufficiently representative to indicate the
costs of all distributors and retail stores, respectively, in [such] the
marketing area.
κ1979
Statutes of Nevada, Page 1310 (CHAPTER 608, SB 447)κ
commission to be sufficiently representative to indicate the
costs of all distributors and retail stores, respectively, in [such] the marketing
area.
Sec. 9. NRS
584.570 is hereby amended to read as follows:
584.570 1. No distributor
may engage in any of the practices set forth in paragraphs (a) to (d),
inclusive, of subsection 2 of this section, whether or not a stabilization and
marketing plan is in effect in the area in which he carries on his business.
2. Each stabilization and marketing plan [shall] must contain
provisions for prohibiting distributors and retail stores from engaging in the
unfair practices set forth in this subsection:
(a) The payment, allowance or acceptance of
secret rebates, secret refunds or unearned discounts by any person, whether in
the form of money or otherwise.
(b) The giving of any milk, cream, dairy
products, substitute dairy products as defined in NRS
584.176, services or articles of any kind, except to bona fide
charities, for the purpose of securing or retaining the fluid milk or fluid
cream business of any customer.
(c) The extension to certain customers of
special prices or services not made available to all customers who purchase
fluid milk [or] , fluid cream, dairy products,
or substitute dairy products as defined in NRS 584.176, of like quantity
under like terms and conditions.
(d) The purchase of any fluid milk in excess of
200 gallons monthly from any producer or association of producers unless a
written contract has been entered into with [such]
the producer or association of producers stating
the amount of fluid milk to be purchased for any period, the quantity of [such] milk to be paid for as class 1 in
pounds of milk [or] , pounds of milk fat or gallons of milk, and the price
to be paid for all milk received. The contract [shall]
must also state the date and method of payment
for [such] the
fluid milk, which [shall] must be that payment [shall]
must be made for approximately one-half of the
milk delivered in any calendar month not later than the 1st day of the next
following month and the remainder not later than the 15th day of the month, the
charges for transportation if hauled by the distributor, and may contain other
provisions which are not in conflict with NRS 584.325 to 584.690, inclusive.
The contract [shall] must also provide that the producer is not obligated to
deliver in any calendar month fluid milk which is to
be paid for at the [minimum price for fluid milk
which is used by distributors in the manufacture of butter and cheese other
than cottage cheese.] lowest class price
for milk usage established by the commission for that area. A signed
copy of [such contract shall] the contract must be filed by the distributor with the
commission within 5 days from the date of its execution. The provisions of this
subsection relating to dates of payment do not apply to contracts for the
purchase of fluid milk from nonprofit cooperative associations of producers.
Sec. 10. NRS
584.575 is hereby amended to read as follows:
584.575 Each stabilization and marketing
plan may contain provisions whereby distributors shall report to each producer
from whom fluid milk is secured, the volume of fluid milk received from such
producer in pounds of milk, [and] the
milk fat test of [such] the milk, and [the amount]
both the number of pounds of fluid milk [in] and the
number of milk fat pounds paid for in the several
classes and the prices paid for the various classes for each month.
κ1979
Statutes of Nevada, Page 1311 (CHAPTER 608, SB 447)κ
milk fat pounds paid for in the several classes and the
prices paid for the various classes for each month.
Sec. 11. NRS
584.583 is hereby amended to read as follows:
584.583 1. No distributor or
retailer may sell fluid milk, fluid cream, butter or fresh dairy byproducts
below cost. Fresh dairy byproducts includes but is not limited to the following
items: buttermilk, skim milk, chocolate drink, ice cream, ice milk mix,
sherbet, sour cream, sour cream dressing and cottage cheese; and does not
necessarily define the class of fluid milk or fluid cream which is used to make
such products.
2. In determining cost in the case of a
distributor who processes or manufactures fluid milk, fluid cream, butter or
fresh dairy byproducts, the following factors are included, but cost is not
necessarily limited to such factors:
(a) Cost of raw products based on actual cost or
on current and prospective supplies of fluid milk and fluid cream in relation
to current and prospective demands for [such]
fluid milk and fluid cream.
(b) Cost of production.
(c) Reasonable return upon capital investment.
(d) Producer transportation costs.
(e) Cost of compliance with health regulations.
(f) Overhead [cost
of handling based on a percentage of overall plant and sales operating cost.]
costs as determined according to generally accepted
accounting principles.
3. In determining cost in the case of a
peddler-distributor or retailer, the following factors are included, but cost
is not necessarily limited to such factors:
(a) Purchase price of product.
(b) Overhead cost for handling.
(c) Reasonable return upon capital investment.
4. Each distributor who processes or
manufactures fluid milk, fluid cream, butter or fresh dairy byproducts shall
file with the commission a statement of costs, listing separately the items set
forth in subsection 2 of this section and any other applicable cost factors. [Such] The statements
shall be kept current by supplement under regulations promulgated by the
commission. All [such] statements [shall] must be
kept confidential by the commission except when used in judicial proceedings or
administrative proceedings under NRS 584.325 to 584.690, inclusive.
5. Each distributor who processes or
manufactures fluid milk, fluid cream, butter or fresh dairy byproducts and each
peddler-distributor shall file with the commission [a
list] lists of wholesale [,] prices and of
minimum retail [and] , distributor [or]
and dock prices. No [such]
distributor [shall] may sell at wholesale prices
other than, or at retail, distributor or dock prices
less than, those contained in [such]
the appropriate list, except in the case of bids
to departments or agencies of federal, state and local governments; but in no
case [shall] may the distributor sell below cost as provided in this
section. Prices [shall] must not become effective until the seventh day after
filing, but any other distributor may meet [such]
the price so filed if [such
the distributor] he files with the
commission a schedule of prices in the manner required by NRS 584.584.
κ1979
Statutes of Nevada, Page 1312 (CHAPTER 608, SB 447)κ
Sec. 12. NRS
584.590 is hereby amended to read as follows:
584.590 1. In investigating
prices in any marketing area the commission may first make an investigation in [such] the marketing
area to establish [such] facts [as shall be] necessary to permit it to
carry out the intent of NRS 584.585 and this section within the standards
prescribed in this section. In making [such]
the investigation, the commission may, upon
notice, examine the books and records of distributors and the purchase of dairy
products by retail stores in [such]
the marketing area and may hold one or more
public hearings, take testimony and may subpena witnesses. Any public hearing must be held in the marketing area. All
testimony received at [such] public hearings [shall]
must be under oath.
2. Notice of any hearing held by the
commission pursuant to NRS 584.585 and this section [shall]
must be given by the commission to every
distributor and retail store in [such]
the marketing area whose name appears upon the
records of the commission or who files a request for the same with the
commission, by mail or by publication. The notice of hearing may be effected by
mail, or by publication for 5 successive days in a newspaper of general
circulation in the area designated, and [shall]
must specify the time and place of [such] the hearing,
which [shall] must not be held [prior
to] before 10 days from the mailing
or from the final publication of [such]
the notice; but if no daily newspaper of general
circulation is published in the area designated, publication of notice for 2
successive weeks in a weekly newspaper of general circulation in the area will
be considered proper publication of notice.
3. A record of any hearings held by the
commission pursuant to NRS 584.585 and this section [shall]
must be made and filed in the office of the
commission and [shall] must be kept available at all times for inspection by
any interested person.
Sec. 13. NRS
584.595 is hereby amended to read as follows:
584.595 1. No distributor
may deal in fluid milk, fluid cream or any other dairy product without first
having obtained a license from the commission.
2. The special licenses provided in this
section are in addition to any and all licenses otherwise required by any law
or ordinance of any county or municipality of this state or any law of this
state.
3. Application for the licenses herein
provided [shall] must be made on forms prescribed by the commission, [shall] must be
accompanied by an application fee of [$3 and
shall] $10 and must state the name
and address of the applicant and such details as to the nature of the
applicants business as the commission may require. [Such]
The applicant shall satisfy the commission:
(a) Of the applicants good faith, character and
responsibility in seeking to carry on the business stated in the application.
(b) That the applicant has complied with all
laws of [the State of Nevada] this state and regulations promulgated thereunder,
regardless of whether the applicant is a local or out-of-state distributor.
4. Licenses [shall]
must be issued for a period of 12 months from the
1st day of each year or for the remainder of the calendar year from the date of
issuance.
κ1979
Statutes of Nevada, Page 1313 (CHAPTER 608, SB 447)κ
5. Application for renewal of a license
for the following year by a licensee, [together
with] accompanied by the
application fee of [$3, shall be made prior to]
$10, must be submitted to the commission before the
expiration date of the license held, and if not so made, the applicant shall
pay an additional sum equal to [100 percent of]
the application fee before [such license shall]
the license may be issued.
Sec. 14. NRS
584.630 is hereby amended to read as follows:
584.630 1. Distributors who
are subject to any stabilization and marketing plan as established by the
commission shall pay to the commission on all [milk
fat contained in] fluid milk [,]
and fluid cream [or
both,] which is purchased from
producers [, including] or is their own production, [if
any,] a fee [in cents per pound of
milk fat] equal to that required to be deducted from payments due
producers of fluid milk under NRS 584.635.
2. [Such]
The assessed fees received by the commission
shall be used in the administration and enforcement of NRS 584.325 to 584.690,
inclusive.
3. Distributors who import dairy products
into [the State of Nevada that contain milk fat,
which products or the milk fat content thereof] this state which have not been subject to assessment by
the [State of Nevada,] state, shall be assessed at the same rate on the
content of milk fat contained in such products as Nevada distributors are
assessed on fluid milk [or] and fluid cream which go into the manufacture of such
type products.
Sec. 15. NRS
584.633 is hereby amended to read as follows:
584.633 1. The commission
shall assess each distributor of butter [the]
a sum not exceeding [of] 1 cent per pound on all butter
distributed by [such] the distributor.
2. [The]
Except as otherwise provided in subsection 3, the commission
shall assess all distributors of fresh dairy byproducts [the
sum of] a sum not exceeding 4 cents
per gallon on all ice cream, sherbet, or ice cream or ice milk mixes, and [the sum of] a sum
not exceeding one-half cent per pound on all cottage cheese and yogurt
distributed by [such] the distributors.
3. In determining
the amount to be assessed a distributor under subsection 2, the commission
shall credit the distributor with any amount which, pursuant to NRS 584.630,
was assessed and paid upon fluid milk and fluid cream which was then used in
manufacturing the fresh dairy byproduct.
4. Assessments
under this section [shall] must be paid to the commission on or before the 15th of
the month following the month during which the butter or fresh dairy byproducts
were distributed. Late payments are subject to the same penalty as that
provided by subsection 4 of NRS 584.635.
5. The commission
may fix the rate of assessment for subsections 1 and 2 at any rate which does
not exceed the rate specified in those subsections which, when combined with
the fees derived by the commission pursuant to NRS 584.630 and 584.635, is
sufficient to defray the costs of administering the provisions of NRS 584.176
to 584.179, inclusive, and 584.325 to 584.690, inclusive.
κ1979
Statutes of Nevada, Page 1314 (CHAPTER 608, SB 447)κ
Sec. 16. NRS
584.635 is hereby amended to read as follows:
584.635 1. Distributors who
are subject to the provisions of any stabilization and marketing plan made
effective by NRS 584.325 to 584.690, inclusive, including distributors who
import fluid milk or fluid cream from outside the state, whether such items are
finished products or in bulk, shall deduct as an assessment from payments due
their sellers, whether such sellers are producers or distributors, and whether
within or without the state, for fluid milk, fluid cream or both, including
each distributors own production, the sum of one-half cent per pound milk fat
on all milk fat contained in fluid milk, fluid cream or both, or in the case of
distributors who do not purchase or receive fluid milk, in milk fat pounds, the
sum of 1 1/2 cents for each 10 gallons of fluid milk sold. Such assessment
rates are maximum rates.
2. The commission may fix the rate of
such assessment at a less amount, and may adjust the rate from time to time,
whenever it finds that the cost of administering the provisions of NRS 584.325
to 584.690, inclusive, can be defrayed from revenues derived from such lower
rates in combination with such sums as are provided by NRS 584.630.
3. The amount of the assessment so
deducted shall be paid to the commission on or before the 15th of the month
following the month during which such fluid milk or fluid cream was received.
4. If payments of assessments are not
made on or before the 15th day of each month following the month during which
the fluid milk or fluid cream was received or following the date upon which any
other assessment falls due, the commission shall charge, as a penalty for [such] the late
payment, the amount of $10 or 1 percent per month
of the total amount due and owing, but remaining unpaid [.]
, whichever is greater.
Sec. 17. NRS
584.650 is hereby amended to read as follows:
584.650 Every distributor who purchases
fluid milk or fluid cream from a producer and every producer cooperative
organization which handles milk for its members or other producers shall make
and keep for [1 year] 3 years a correct record showing in detail the
following information for each producer with reference to the handling, sale or
storage of [such] the fluid milk or fluid cream:
1. The name and address of the producer.
2. The date the fluid milk or fluid cream
was received.
3. The amount of fluid milk or fluid
cream received.
4. The official butterfat test of the
fluid milk or fluid cream. [if purchased on a butterfat basis.]
5. The usage of the fluid milk or fluid
cream.
6. Evidence of payment for the fluid milk
or fluid cream purchased or handled.
Sec. 18. NRS
584.670 is hereby amended to read as follows:
584.670 1. The violation of
any provision of NRS 584.325 to 584.690, inclusive, or of any stabilization and
marketing plan, including any price requirements of such plan, or of any of the
unfair practice provisions set forth in such sections, is a misdemeanor, and
also is ground for revocation or suspension of license in the manner set forth
in NRS 584.325 to 584.690, inclusive.
2. Every distributor must pay for fluid
milk or fluid cream delivered to him or it at the time
and in the manner specified in the contract with the producer.
κ1979
Statutes of Nevada, Page 1315 (CHAPTER 608, SB 447)κ
to him or it at the time and in the manner specified in the
contract with the producer. Failure to make such payment is ground for refusal,
suspension or revocation of license in the manner set forth in NRS 584.325 to
584.690, inclusive.
3. In addition to [,
or in lieu of,] any other penalty provided by NRS 584.176 to 584.179, inclusive, and section 2 of this act and
NRS 584.325 to 584.690, inclusive, the commission may impose a penalty
of not more than $1,000 for each violation, to be recovered by the commission
in a civil action in a court of competent jurisdiction. All sums recovered
under this subsection [shall] must be deposited with the state treasurer to the
credit of the dairy commission fund and [shall be]
expended solely for the enforcement of NRS 584.176 to
584.179, inclusive, and section 2 of this act and NRS 584.325 to
584.690, inclusive.
Sec. 19. NRS
584.690 is hereby amended to read as follows:
584.690 NRS 584.325 to 584.685,
inclusive, [shall apply] applies to retail stores in the following particulars
only:
1. The examination by the commission of
the purchase records of retail stores from distributors.
2. The unfair practices prohibited in NRS
584.570 [.] ,
584.582 and 584.583, and the penalties provided in NRS 584.670.
3. The
provisions of any stabilization and marketing plan which includes [retailers.] retail
stores.
Sec. 20. Section
20 of chapter 600, Statutes of Nevada 1977, is hereby amended to read as
follows:
Sec. 20. 1. Section
16 of this act shall become effective on July 1, [1981.]
1983.
2. Subsection 4
of section 7 of this act shall become effective on July 1, 1977.
3. This
section, subsections 1 to 3, inclusive, of section 7 and the remaining sections
of this act shall become effective upon passage and approval.
Sec. 21. Senate
Bill No. 315 of the 60th session of the Nevada legislature is amended by adding
thereto a new section designated section 2, following section 1, to read as
follows:
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1979.
Sec. 22. Section
1 of this act shall become effective at 12:02 a.m. on July 1, 1979.
________
κ1979
Statutes of Nevada, Page 1316κ
CHAPTER 609, SB 458
Senate Bill No.
458Committee on Commerce and Labor
CHAPTER 609
AN ACT relating to energy; authorizing the
director of the department of energy to adopt regulations which prohibit the
sale of appliances with standing pilot lights; exempting appliances contained
in recreational vehicles; 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
523 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
The director may adopt
regulations which prohibit the sale of new appliances which have standing pilot
lights. The regulations must:
1. Clearly set
forth the appliances which may not be sold with standing pilot lights; and
2. Specify a
period, which must be 6 months or more after the date on which the regulations
are effective, during which new appliances which are subject to the regulations
and which a retail dealer has in his inventory may be sold.
3. The provisions
of subsection 1 do not apply to appliances contained in any recreational
vehicle.
________
CHAPTER 610, SB 470
Senate Bill No.
470Committee on Human Resources and Facilities
CHAPTER 610
AN ACT relating to controlled substances;
establishing a program to research the therapeutic effects of marihuana on
certain patients; establishing a board of review for the program; requiring the
state board of health to adopt regulations for the program; establishing
requirements for admission into the program; authorizing the health division to
contract to receive marihuana; 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
453 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 3 to 9, inclusive, of this act, unless the
context requires otherwise:
1. Board means
the board of review for patients.
2. Marihuana
means:
(a) The plant of the
genus Cannabis;
(b) Tetrahydrocannabinols,
and any of their derivatives.
3. Program means
the program to research the therapeutic effects of marihuana.
κ1979
Statutes of Nevada, Page 1317 (CHAPTER 610, SB 470)κ
Sec. 3. 1. The board of review for patients,
consisting of three members who are physicians licensed to practice in this
state, is hereby created.
2. The state board
of health shall appoint:
(a) One member who has
been certified by the American Board of Ophthalmology.
(b) One member who has
been certified by the American Board of Internal Medicine both regularly and in
the subspecialty of medical oncology.
(c) One member who has
been certified by the American Board of Psychiatry and Neurology.
3. Each member of
the board is entitled to receive $40 for each days attendance at a meeting of
the board and the per diem allowances and travel expenses provided by law.
Sec. 4. 1. There is hereby created a program to
research the therapeutic effects of marihuana to be administered by the health
division of the department of human resources. The program must be designed
pursuant to regulations adopted by the state board of health to study the
therapeutic effects of marihuana when administered to persons suffering from
cancer and undergoing chemotherapy, to persons suffering from glaucoma, and to
any class of persons included in the program under subsection 3. The program
must be conducted according to a strict research format designated by the state
board of health. The program must be financed by direct legislative
appropriation from the state general fund. Money for the program may be
expended only for the purposes of sections 2 to 9, inclusive, of this act, on
claims approved by the health division and paid as other claims against the
state are paid.
2. The state board
of health shall adopt regulations necessary to carry out the provisions of
sections 2 to 9, inclusive, of this act.
3. The state board
of health may by regulation include in the program a class of persons who are
not suffering from cancer or glaucoma if, after the presentation of medical
information to the state board of health by a physician, it determines that
such a class of persons would benefit from participation in the program.
Sec. 5. 1. Any person who is suffering from cancer or
glaucoma, or is in the class of persons included in the program under
regulations of the state board of health, may apply to the board for admittance
into the program.
2. Application
must be made on forms prescribed by the state board of health. A statement from
the persons physician certifying the person is suffering from cancer or
glaucoma, or some other affliction specified by regulation of the state board
of health, and is not responding to conventional medications or is experiencing
severe side effects from conventional medication, must accompany the
application.
Sec. 6. The board shall:
1. Review
applications for admittance to the program to determine who will be admitted.
2. Establish a
list of physicians and pharmacists it has certified to prescribe and fill
prescriptions, respectively, for marihuana under the program.
Sec. 7. 1. The health division shall submit an
application to the National Institute on Drug
Abuse to contract to receive marihuana pursuant to regulations of the National
Institute on Drug Abuse, the Food and Drug Administration and the Drug Enforcement
Administration.
κ1979
Statutes of Nevada, Page 1318 (CHAPTER 610, SB 470)κ
National Institute on Drug Abuse to
contract to receive marihuana pursuant to regulations of the National Institute
on Drug Abuse, the Food and Drug Administration and the Drug Enforcement
Administration.
2. The health
division shall transfer to pharmacies certified pursuant to section 6 of this
act all marihuana received pursuant to any contract entered into under
subsection 1.
Sec. 8. A pharmacy may fill a prescription for marihuana only pursuant
to a written prescription by a physician certified pursuant to section 6 of
this act.
Sec. 9. A physician certified pursuant to section 6 of this act is
entitled to prescribe marihuana only for persons admitted to the program.
Sec. 10. NRS
453.251 is hereby amended to read as follows:
453.251 [Controlled]
Except as provided in sections 2 to 9, inclusive, of
this act, controlled substances listed in schedules I and II [shall] may be
distributed by a registrant to another registrant only pursuant to an order form
and may be received by a registrant only pursuant to an order form. Compliance
with the provisions of federal law respecting order forms shall be deemed
compliance with this section.
Sec. 11. NRS
453.331 is hereby amended to read as follows:
453.331 1. It is unlawful
for any person knowingly or intentionally to:
(a) Distribute as a registrant a controlled
substance classified in schedule I or II, except pursuant to an order form as
required by NRS 453.251 [;] or pursuant to the provisions of sections 2 to 9, inclusive,
of this act;
(b) Use in the course of the manufacture or
distribution of a controlled substance a registration number which is
fictitious, revoked, suspended or issued to another person;
(c) Falsely assume the title of or represent
himself as a registrant or other person authorized to possess controlled
substances;
(d) Acquire or obtain or attempt to acquire or
obtain possession of a controlled substance by misrepresentation, fraud,
forgery, deception, subterfuge, or alteration;
(e) Furnish false or fraudulent material
information in, or omit any material information from, any application, report
or other document required to be kept or filed under the provisions of NRS
453.011 to 453.551, inclusive, or any record required to be kept by [such] those sections;
(f) Sign the name of a fictitious person or of
another person on any prescription for a controlled substance or falsely make,
alter, forge, utter, publish or pass, as genuine, any prescription for a
controlled substance; or
(g) Make, distribute or possess any punch, die,
plate, stone or other thing designed to print, imprint or reproduce the
trade-mark, trade name or other identifying mark, imprint or device of another
or any likeness of any of the foregoing upon any drug or container or labeling
thereof so as to render the drug a counterfeit substance.
2. Any person who violates this section
shall be punished by imprisonment in the state prison for not less than 1 year
nor more than 6 years, and may be further punished by a fine of not more than
$2,000.
Sec. 12. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 1319κ
CHAPTER 611, SB 498
Senate Bill No.
498Senator Raggio
CHAPTER 611
AN ACT relating to public securities;
amending the definitions of overpass project and underpass project in the City
Bond Law; 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
268.700 is hereby amended to read as follows:
268.700 Overpass project means any
bridge, viaduct or other structure or facilities for the transportation of
pedestrians, railroad, motor and other vehicles,
and utility lines, as the case may be, over any
street, highway, stream, railroad tracks, and any
other way or place, including without limitation approaches, ramps, structures,
crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets,
outlets, retaining walls, artificial lights, pumping equipment and ventilating
equipment (or any combination thereof).
Sec. 2. NRS
268.726 is hereby amended to read as follows:
268.726 Underpass project means any
tunnel, tube, open cut, or other subway, structure or facilities for the transportation
of pedestrians, railroad, motor and other
vehicles, and utility lines, as the case may be, under
any street, highway, stream, railroad tracks, and
any other way or place, including without limitation approaches, ramps,
structures, crosswalks, sidewalks, driveways, culverts, drains, sewers,
manholes, inlets, outlets, retaining walls, artificial lights, pumping
equipment and ventilating equipment (or any combination thereof).
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 612, SB 509
Senate Bill No.
509Committee on Finance
CHAPTER 612
AN ACT making an appropriation to the department of
energy to economize the use of energy in state facilities.
[Approved June 2, 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 department of energy
the sum of $250,000 to economize the use of energy in state facilities.
2. A project proposed to economize the
use of energy, the cost of which will be met with money appropriated by this
act, must be approved by the interim finance committee before it is begun and
must be carried out under the supervision of the state public works board.
________
κ1979
Statutes of Nevada, Page 1320κ
CHAPTER 613, SB 522
Senate Bill No.
522Committee on Natural Resources
CHAPTER 613
AN ACT relating to the control and sale of
state lands; clarifying the authority of the chief of the buildings and grounds
division of the department of general services to lease offices outside state
buildings for the use of state officers and employees; 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
321.001 is hereby amended to read as follows:
321.001 1. The division of
state lands shall acquire and hold in the name of the State of Nevada all lands
and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for
highway purposes;
(b) Lands or interests the title to which is
vested in the board of regents of the University of Nevada [,] ; or
(c) Offices outside state
buildings leased by the chief of the buildings and grounds division of the
department of general services for the use of state officers and employees,
and shall administer all lands it holds which are not
assigned for administration to another state agency.
2. If additional land or an interest in
land is required for the use of any state agency except the department of
highways or the University of Nevada, the agency shall select a site approved
by the state public works board, obtain an appraisal of the land to be
acquired, and obtain the approval of the legislature if required by law. The
division of state lands shall then obtain the land or interest by negotiation
or if necessary by exercising the states power of eminent domain. Title must
be taken in the name of the State of Nevada.
Sec. 2. This
act shall become effective at 12:01 a.m. on July 1, 1979.
________
CHAPTER 614, SB 537
Senate Bill No.
537Committee on Finance
CHAPTER 614
AN ACT relating to public employees; increasing the
salaries of certain state employees; 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
281.123 is hereby amended to read as follows:
281.123 1. Except as
provided in subsections 2 and 3 of this section and in NRS 281.1233 and
281.1235, or authorized by statute referring specially
to that position, the salary of a person employed by the State of Nevada, any political subdivision of the state or any
agency of the state [shall] must not exceed 95 percent of the salary for the
office of the governor during the same period.
κ1979
Statutes of Nevada, Page 1321 (CHAPTER 614, SB 537)κ
State of Nevada, any political subdivision of the state or
any agency of the state [shall] must not exceed 95 percent of the salary for the office
of the governor during the same period.
2. The provisions of subsection 1 [shall] do not
operate to reduce the salary which any public employee was receiving on June
30, 1975.
3. The provisions of subsection 1 do not
apply to the salaries of dentists and physicians [and surgeons] employed full time by the
state.
Sec. 2. No
employee in the classified service of the state, except those employees
described within this section, may receive a salary exceeding $40,808 a year.
Employees filling the following described positions in the classified service
may receive annual salaries not to exceed the following specified amounts:
Chief, dental health services
(Range A)................................................. $40,141
Chief, dental health services
(Range B).................................................. 42,113
Chief, dental health services
(Range C).................................................. 44,218
Chief, maternal and child health
(Range A)........................................... 42,113
Chief, maternal and child health
(Range B)............................................ 46,074
Chief, maternal and child health
(Range C)............................................ 47,080
Chief, preventive medical services
(Range A)....................................... 42,113
Chief, preventive medical services
(Range B)....................................... 46,074
Chief, preventive medical services
(Range C)....................................... 47,080
Senior physician (Range A)..................................................................... 40,141
Senior physician (Range B)...................................................................... 44,185
Senior physician (Range C)...................................................................... 46,075
Senior psychiatrist (Range A).................................................................. 44,185
Senior psychiatrist (Range B).................................................................. 46,074
Senior psychiatrist (Range C).................................................................. 47,080
Senior public health dentist (Range
A).................................................. 34,756
Senior public health dentist (Range
B)................................................... 38,260
Senior public health dentist (Range
C)................................................... 40,171
State health officer (Range A).................................................................. 46,074
State health officer (Range B).................................................................. 47,080
State health officer (Range C).................................................................. 48,087
Welfare medical care officer..................................................................... 40,171
Senior institutional dentist (Range
A).................................................... 34,756
Senior institutional dentist (Range
B)..................................................... 40,171
State welfare administrator....................................................................... 34,667
As used in this section a senior psychiatrist (Range B) is a
psychiatrist eligible for certification by the American Board of Psychiatry. A
senior psychiatrist (Range C) is a psychiatrist certified by the American Board
of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so
certified or eligible.
Sec. 3. Except
as otherwise provided in this section and subsection 5 of NRS 284.175, every
employee in the classified service of the state may receive a salary
adjustment, not to exceed 5.5 percent, based upon the movement of the National
Consumer Price Index for All Urban Consumers for the months of October 1978
through September 1979, to take effect January 1, 1980. An additional salary
adjustment of 1 percent for a total adjustment not to exceed 6.5 percent may be
received if the guidelines or regulations of the Federal
Council on Wage and Price Stability are completely removed before the calendar
year of 1980 and if the increase in the index for those months is 6.5 percent
or more.
κ1979
Statutes of Nevada, Page 1322 (CHAPTER 614, SB 537)κ
the guidelines or regulations of the Federal Council on Wage
and Price Stability are completely removed before the calendar year of 1980 and
if the increase in the index for those months is 6.5 percent or more. The
percentage increase will be that determined by the advisory personnel
commission for employees in the classified service.
Sec. 4. Sections
4 and 5 of chapter 506, Statutes of Nevada 1977, at pages 1042 and 1043,
respectively, are hereby repealed.
Sec. 5. This
act operates retrospectively to allow payment of the salaries specified for all
service after January 1, 1979.
________
CHAPTER 615, SB 542
Senate Bill No.
542Committee on Legislative Functions
CHAPTER 615
AN ACT relating to lobbyists; transferring
responsibility for the regulation of their activity to the legislative
commission and director of the Nevada legislative counsel bureau; 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
218 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Director means the director
of the Nevada legislative counsel bureau.
Sec. 2. NRS
218.904 is hereby amended to read as follows:
218.904 As used in NRS 218.900 to
218.944, inclusive, the terms defined in NRS 218.906 to 218.916, inclusive, and section 1 of this act, have the meanings ascribed
to them in [such] those sections.
Sec. 3. NRS
218.918 is hereby amended to read as follows:
218.918 Every person who acts as a
lobbyist shall, not later than 2 days after the beginning of [such] that activity,
file a registration statement with the director in
such form as the [secretary of state shall
prescribe.] director prescribes.
Sec. 4. NRS
218.924 is hereby amended to read as follows:
218.924 Each person required to register
shall file a supplementary registration statement with the [secretary of state] director no later than 5 days after any change in the
registrants last registration statement. The supplementary registration
statement [shall] must include complete details concerning the changes
that have occurred.
Sec. 5. NRS
218.926 is hereby amended to read as follows:
218.926 1. Each registrant
shall file with the [secretary of state]
director within 30 days after the close of the
legislative session a final report signed under penalty of perjury concerning
his lobbying activities. In addition, each registrant who attempts to influence
legislative action shall file with the [secretary
of state] director between the 1st
and 10th day of the month subsequent to each month that the legislature is in session a report concerning his lobbying activities during the
previous month.
κ1979
Statutes of Nevada, Page 1323 (CHAPTER 615, SB 542)κ
session a report concerning his lobbying activities during
the previous month. Each report [shall]
must be on a form prescribed by the [secretary of state and shall] director and must include the total expenditures made
by the registrant for directly communicating with a member of the legislative
branch to influence legislation, including expenditures made by others on
behalf of the registrant for those direct communications if the expenditures
were made with the registrants express or implied consent or were ratified by
the registrant. The report [shall] must include a monthly compilation of expenditures in
the following categories:
(a) Entertainment;
(b) Gifts and loans; and
(c) Other expenditures directly associated with
legislative action, not including personal expenditures for food, lodging and
travel expenses or membership dues.
2. Each registrant shall file the reports
of expenditures required by subsection 1 if he has expenditures of $50 or more
during the previous month.
Sec. 6. NRS
218.929 is hereby amended to read as follows:
218.929 1. The [secretary of state] director shall furnish an appropriate identification
badge to each lobbyist who files a registration statement under this chapter.
2. The identification badge [shall] must be
worn by the lobbyist whenever he appears in the legislative building.
Sec. 7. NRS
218.930 is hereby amended to read as follows:
218.930 The [secretary
of state] director shall:
1. Inspect each statement and report
filed within 10 days after its filing.
2. Immediately notify the person who had
filed:
(a) If the information filed does not conform to
law.
(b) If a written complaint has been filed with
the [secretary of state] director by any person alleging an irregularity or lack
of truth as to the information filed.
3. Notify any person of the filing
requirement who the [secretary of state]
director has reason to believe has failed to file
any statement or report as required.
Sec. 8. NRS
218.932 is hereby amended to read as follows:
218.932 [The
secretary of state shall:
1. Adopt]
1. The
legislative commission shall adopt regulations to carry out the
provisions of NRS 218.900 to 218.944, inclusive.
2. The director
shall:
(a) Prepare and
furnish forms for the statements and reports required to be filed.
[3.] (b) Prepare and publish uniform methods of
accounting and reporting to be used by persons required to file such statements
and reports.
[4.] (c) Accept and file any information voluntarily
supplied that exceeds the requirements of NRS 218.900 to 218.944, inclusive.
[5.] (d) Develop a filing, coding and cross-indexing
system consistent with the purposes of NRS 218.900 to
218.944, inclusive.
κ1979
Statutes of Nevada, Page 1324 (CHAPTER 615, SB 542)κ
with the purposes of NRS 218.900 to 218.944, inclusive.
[6.] (e) Make the statements and reports available for
public inspection during regular office hours.
[7.] (f) Preserve the statements and reports for a
period of 5 years from the date of filing.
[8.] (g) Compile and keep
current an alphabetical list of registrants, including their address,
the name and address of each person for whom the registrant is lobbying and the
principal areas of interest on which he expects to lobby. A copy of the list [shall] must be
furnished to each legislator and to the clerks of
the respective counties for preservation and public inspection.
Sec. 9. NRS
218.934 is hereby amended to read as follows:
218.934 The [secretary
of state] director may [also] prepare and publish such reports
concerning lobbying activities as he [may deem]
deems appropriate.
Sec. 10. NRS
218.936 is hereby amended to read as follows:
218.936 The [secretary
of state] director shall:
1. Make investigations on his own
initiative with respect to any irregularities which he discovers in the
statements and reports filed and with respect to the failure of any person to
file a required statement or report and shall make an investigation upon the
written complaint of any person alleging a violation of any provision of NRS
218.900 to 218.944, inclusive.
2. Report suspected violations of law to
the [attorney] :
(a) Legislative
commission; and
(b) Attorney general
who shall investigate and take any action necessary to carry out the provisions
of NRS 218.900 to 218.944, inclusive.
Sec. 11. NRS
218.940 is hereby amended to read as follows:
218.940 1. Any registrant
who files an activity report after the time provided in NRS 218.926 shall pay
to the [secretary of state] director a fee for late filing of $5 for each day of
the first 30 days that it was late and $100 per day thereafter, but the [secretary of state] director may reduce or waive this fee upon a finding of
just cause.
2. An activity report with respect to
which a late filing fee has been paid by the registrant or waived by the [secretary of state] director shall be deemed timely filed, and the late
filing is not a public offense.
Sec. 12. NRS
218.942 is hereby amended to read as follows:
218.942 1. A lobbyist shall
not knowingly or willfully make any false statement or misrepresentation of
facts:
(a) To any member of the legislative branch in
an effort to persuade or influence him in his official actions.
(b) In a registration statement or report
concerning lobbying activities filed with the [secretary
of state.] director.
2. A
lobbyist shall not give to a member of the legislative branch or a member of
his staff or immediate family gifts that exceed $100 in value in the aggregate
in any calendar year.
3. A member of the legislative branch or
a member of his staff or immediate family shall not solicit anything of value
from a registrant or accept any gift that exceeds $100 in aggregate value in
any calendar year.
4. A person who employs or uses a
lobbyist shall not make that lobbyists compensation or
reimbursement contingent in any manner upon the outcome of any legislative
action.
κ1979
Statutes of Nevada, Page 1325 (CHAPTER 615, SB 542)κ
lobbyists compensation or reimbursement contingent in any
manner upon the outcome of any legislative action.
5. Information copied from registration
forms and activity reports filed with the [secretary
of state] director or from lists
compiled from such forms and reports [shall]
must not be sold or used by any person for the
purpose of soliciting campaign contributions or selling tickets to a
testimonial or similar fundraising affair or for any commercial purpose.
6. Except as provided in subsection 7, a
member of the legislative or executive branch of the state government and an
elected officer or employee of a political subdivision shall not receive
compensation or reimbursement other than from the state or the political
subdivision for personally engaging in lobbying.
7. An elected officer or employee of a
political subdivision may receive compensation or reimbursement from any
organization whose membership consists of elected or appointed public officers.
8. A lobbyist shall not instigate the
introduction of any legislation for the purpose of obtaining employment to
lobby in opposition thereto.
________
CHAPTER 616, SB 554
Senate Bill No.
554Committee on Human Resources and Facilities
CHAPTER 616
AN ACT relating to retarded persons;
revising the requirements for training centers for retarded persons to receive
aid; 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
435.007 is hereby amended to read as follows:
435.007 [The
following terms, wherever used or referred to in this chapter, have the
following meanings unless a different meaning clearly appears in the context:]
As used in this chapter, unless the context otherwise
requires:
1. Child means any person under the age
of [21] 18 years
who may be eligible for mental retardation services.
2. Group care facility means a
structure similar to a private residence which will house a small number of
persons in a homelike atmosphere.
3. Person includes a child [as defined in subsection 1] and any
other mentally retarded client who has attained the age of [21] 18 years.
Sec. 2. NRS 435.230 is hereby amended to read as
follows:
435.230 In order to qualify for the aid
provided for by NRS 435.130 to 435.320, inclusive, a center must:
1. File an application with the division
for a certificate of qualification, which shall include:
(a) The name and address of the center.
κ1979
Statutes of Nevada, Page 1326 (CHAPTER 616, SB 554)κ
(b) The names, addresses and qualifications of
the administrative personnel of the center.
(c) An outline of the educational, vocational
and care program to be offered.
(d) The number of enrollees or expected
enrollees.
(e) An affidavit that the center is nonsectarian
and a nonprofit organization under the Internal Revenue Code of 1954 as amended
(26 U.S.C. § 501(c) (3)).
(f) The number and qualifications of staff
personnel.
(g) A complete and detailed proposed financial
statement for the operations for the coming year.
(h) Any other information which the division
may, in its discretion, require.
2. Each year after the original
application is made under subsection 1, file an application for renewal of
certificate of qualification, which shall contain:
(a) The information required by subsection 1.
(b) The total number of staff members, enrollees
and days of care and training that the center provided during the previous year.
(c) The number of enrollees and days of care and
training that the center provided during the previous year to such enrollees
who qualify for aid under the terms of NRS 435.130 to 435.320, inclusive, and
the standards established by the division.
(d) A financial statement clearly showing all
income received by the center during the previous year and the sources thereof.
(e) Any other information that the division may,
in its discretion, require.
3. [Have a
minimum staff of one person for each group of five retarded persons or major
fraction thereof.
4.] Be
inspected by a member or authorized agent of the division to determine if the
centers facilities are proper and adequate.
[5.] 4. Keep accurate daily attendance records
and establish uniform financial statements and bookkeeping procedures as
prescribed by the division.
[6.] 5. Maintain standards not inconsistent
with those required by NRS 435.130 to 435.320, inclusive, or established by the
division to qualify for funds from other sources, such as United Fund and
United States Government programs.
[7.] 6. Before certifying an enrollee as
mentally retarded, require:
(a) A documentary history of retarded overall
functioning; and
(b) Substantiation, through evaluation by a
qualified diagnostic team.
[8.] 7. Meet all other standards set by the
division.
Sec. 3. NRS 435.240 is hereby amended to read as
follows:
435.240 1. All applications
for a certificate of qualification which have been approved by the
administrator [shall] must be reviewed by the board for approval or
rejection.
2. If an application is rejected by the
administrator, he shall notify the applicant in writing of [such] the rejection,
setting out the reasons therefor.
3. Within 30 days after the administrator
mails the notice of rejection of the application, the applicant may appeal [such] the rejection
to the board.
κ1979
Statutes of Nevada, Page 1327 (CHAPTER 616, SB 554)κ
to the board. The board shall review the application and the
reasons for its denial and may receive evidence, documentary or testimony, to
aid it in its decision. Thereafter, the board shall issue its decision
rejecting the application or remanding the application to the administrator for
approval. The decision of the board is final.
4. No new applicants [shall] may be
certified if the certification brings the average support per enrollee below [$300] $400 per
quarter for those centers that are already certified.
Sec. 4. NRS 435.290 is hereby amended to read as
follows:
435.290 1. A center holding
a certificate of qualification from the division is entitled to aid from the
community training center fund in amounts not less than the amounts allocable
under this section.
2. Except as provided in subsection 5,
each center in the state is entitled to not less than:
(a) Four hundred dollars per enrollee per
quarter; or
(b) Sixteen thousand dollars per year if the
center maintains a minimum of five enrollees per quarter and its staff and
operating expenses are at least $16,000 each year,
whichever is greater.
3. The division, in its discretion, may
grant aid from the community training center fund to help in establishing new
centers. This aid in the aggregate [shall]
must not exceed one-fourth of the money available
in the fund for the year in which it is given.
4. Except as provided in subsection 5,
after providing for the allocations authorized in subsections 2 and 3, the
division shall allocate any other money available in the fund to the qualified
centers according to the [number of]
programs offered by each center and the number of enrollees in each program.
The division shall determine the relative weight to be given to these factors.
5. The amount of money which a center is
entitled to receive per enrollee per quarter or per year [does] must not
exceed the amount specified in the budget for the community training center
fund as approved by the most recent session of the legislature.
________
CHAPTER 617, SB 581
Senate Bill No.
581Committee on Finance
CHAPTER 617
AN ACT relating to the legislative counsel
bureau; making the records of travel expenses of legislators and officers and
employees of the legislative counsel bureau available for public inspection;
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
218.625 is hereby amended to read as follows:
218.625 1. The director,
other officers and employees of the legislative counsel bureau shall not:
κ1979
Statutes of Nevada, Page 1328 (CHAPTER 617, SB 581)κ
(a) Oppose or urge legislation, except as the
duties of the legislative auditor, the legislative counsel, the research
director and the fiscal analysts require them to make recommendations to the
legislature.
(b) Except as provided in this section, disclose
to any person outside the legislative counsel bureau the contents or nature of
any matter, unless the person entrusting the matter to the legislative counsel
bureau so requests or consents.
2. Except as the legislative auditor and
his staff are further restricted by this chapter, the nature or content of any
work previously done by the personnel of the legislative counsel bureau may be
disclosed to a legislator or public agency if or to the extent that such
disclosure does not reveal the identity of the person who requested it or
include any material submitted by the requester which has not been published or
publicly disclosed.
3. When a bill or resolution drafted at
the request of any person who is not a legislator, is delivered to a
legislator, the legislative counsel shall disclose the identity of the
requester to the recipient, and when the bill or resolution has been introduced
he shall upon request disclose the identity of the requester to any legislator.
4. When a statute has been enacted or a
resolution adopted, the legislative counsel shall upon request disclose to any
person the state or other jurisdiction from whose law it appears to have been
adopted.
5. The records of
the travel expenses of legislators and officers and employees of the
legislative counsel bureau are available for public inspection at such
reasonable hours and under such other conditions as the legislative commission
may prescribe.
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 618, SB 582
Senate Bill No. 582Committee
on Finance
CHAPTER 618
AN ACT relating to sources of energy;
enabling the State of Nevada to acquire crude oil and petroleum products for
use in the state; creating a revolving fund for their acquisition and the
proceeds of resales; authorizing the borrowing of money and making an
appropriation; 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
523 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 7, inclusive, of this act.
Sec. 2. 1. If the interim finance committee allocates
money for the acquisition, the director may acquire crude oil or petroleum
products anywhere in the United States or in any other nation and offer
petroleum products for sale or sell them to any person.
2. The director,
pursuant to subsection 1, may:
κ1979
Statutes of Nevada, Page 1329 (CHAPTER 618, SB 582)κ
(a) Contract with any
person to acquire crude oil or any petroleum product for resale to him. Every
contract for acquisition and resale must contain a provision which renders
unenforcible the entire contract if the director is unable to acquire crude oil
or the petroleum product by a date to be set forth in the contract.
(b) Acquire title to
crude oil or any petroleum product situated in any other state of the United
States or in any other nation and exchange the title so acquired for crude oil
or any petroleum product situated in this state.
(c) Store crude oil or
any petroleum product acquired by him in any state of the United States or in
any other nation.
(d) Transport crude oil
or any petroleum product acquired by him from the place of purchase to any
other place, including this state.
(e) Engage in any other
lawful act necessary to acquire and resell crude oil or petroleum products.
Sec. 3. 1. The fund for acquisition of crude oil and
petroleum products is hereby created in the state treasury as a special revenue
fund.
2. The interim
finance committee may, pursuant to section 7 of this act, allocate money from
the fund to the director for the acquisition of crude oil or petroleum
products.
3. The director
shall, upon receipt of money derived from the sale of any crude oil or
petroleum product, deposit the money in the state treasury for credit to the
fund.
Sec. 4. 1. The director shall appoint a special deputy
director to administer the acquisition and resale of crude oil and petroleum
products pursuant to this chapter. The special deputy director is in the
unclassified service of the state and is entitled to an annual salary of
approximately $25,000 plus the same percentage of increase as provided for
other unclassified employees on January 1, 1980.
2. The special
deputy director may:
(a) Act as the agent of
the director to acquire and resell crude oil and petroleum products.
(b) Enter into contracts
with consultants, advisers, brokers and other persons to obtain competent
advice relating to the acquisition or resale of crude oil and petroleum
products.
(c) With the approval of
the director and within the limits of legislative appropriation, appoint
personnel he finds necessary to carry out the acquisition and resale of crude
oil and petroleum products.
Sec. 5. If the director finds that supplies are available and that
their acquisition and disposition is economically feasible, he shall prepare a
general plan for the acquisition and disposition of crude oil or petroleum
products, or both, to enlarge the supply available in this state, and submit
this plan to the state board of examiners before or with his first request for
an allocation of money. At the time of each request, he shall submit to that
board a description of his intended use of the amount requested.
Sec. 6. 1. The state board of examiners shall review the
practicability and feasibility of any plan for the acquisition and disposition
of petroleum products submitted to it by the director and shall approve or
disapprove the plan.
κ1979
Statutes of Nevada, Page 1330 (CHAPTER 618, SB 582)κ
2. In deciding
whether to approve the plan, the state board of examiners and the interim
finance committee shall determine independently whether the economy of the
state is substantially affected by a shortage of one or more petroleum products
within the state. The state board of examiners and the interim finance
committee shall consider:
(a) The number of claims
for unemployment compensation in occupational classes related to gaming and
tourism;
(b) Revenues from the
local license taxes upon the rental of rooms for transient occupancy;
(c) The number of passengers
arriving by air at airports in Clark and Washoe counties;
(d) Counts of traffic
moving toward this state on Interstate Highway 15 and from the west on
Interstate Highway 80;
(e) Present and
immediately anticipated deliveries of petroleum products into this state, and
inventories in this state;
(f) The feasibility of
alleviating the shortage by other measures, including conservation; and
(g) Other factors which
the board or committee consider to be indicative of an adverse effect of a
shortage of one or more petroleum products.
3. If the plan is
approved, the state board of examiners shall forward the plan, with a record of
its approval attached thereto, to the director of the legislative counsel
bureau for submission to the interim finance committee for an allocation of
money. If the plan is disapproved, the state board of examiners shall return
the plan to the director together with the reasons for the disapproval.
Sec. 7. Upon receipt of a plan for acquisition and disposition and
request for allocation of money from the fund for acquisition of petroleum
products, the director of the legislative counsel bureau shall notify the
chairman of the interim finance committee, who shall thereupon call a meeting
of the committee. If the committee, after independent examination of the
request, finds that the allocation recommended by the state board of examiners
should be made, the committee shall by resolution establish the amount of the
allocation and the timing and method of disposition, and direct the state
controller, upon request of the director, to draw one or more warrants up to
that amount payable to sellers designated by the director.
Sec. 8. 1. To
obtain money to be placed in the fund for the acquisition of crude oil and
petroleum products, the state board of examiners may borrow as a general
obligation of the state not more than $10,000,000. This authority may be
exercised only if the interim finance committee has approved an allocation from
the fund. To reduce the amount of interest payable, the board may arrange with
one or more lenders for credit to be drawn upon as needed.
2. There is hereby appropriated from the
state general fund to the department of energy for activities relating to the
acquisition and resale of petroleum, including the payment of salaries of
persons administering such activities, the sum of $100,000.
κ1979
Statutes of Nevada, Page 1331 (CHAPTER 618, SB 582)κ
Sec. 9. 1. This
act shall become effective upon passage and approval.
2. This act expires by limitation on June
30, 1981.
________
CHAPTER 619, SB 583
Senate Bill No.
583Committee on Government Affairs
CHAPTER 619
AN ACT relating to population; conforming
by technical changes bills of the 60th session which classify counties
according to population with Senate Bill No. 72; and increasing the population
which qualifies a township to have two justices of the peace.
[Approved June 2, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
245.213 is hereby amended to read as follows:
245.213 1. In each county
having a population of 100,000 or more, the board of county commissioners shall
by ordinance establish a merit personnel system for all employees of the county
except those exempted under the provisions of NRS 245.213 to 245.216,
inclusive.
2. In each county having a population of
less than 100,000 the board of county commissioners may by ordinance establish
a merit personnel system for all employees of the county except those exempted
under the provisions of NRS 245.213 to 245.216, inclusive.
[3. As used
in this section population means the number of people in a county as
determined by the last preceding national decennial census conducted by the
Bureau of the Census of the United States Department of Commerce pursuant to
section 2 of article 1 of the Constitution of the United States.]
Sec. 2. NRS 477.030 is hereby amended to read as
follows:
477.030 1. Except as
provided in this section, the state fire marshal shall enforce all laws and
adopt regulations relating to:
(a) Fire prevention.
(b) The storage and use of combustibles,
flammables, fireworks and explosives.
(c) The safety, access, means and adequacy of
exit in case of fire from mental and penal institutions, child care facilities,
foster homes, adult group care facilities, intermediate care facilities, nursing
homes, hospitals, schools, all buildings, except private residences, which are
occupied for sleeping purposes, buildings used for public assembly, and all
other buildings where large numbers of persons work, live or congregate from
time to time for any purpose. As used in this paragraph, public assembly
means a building or a portion of a building used for the gathering together of
50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting
transportation, or the gathering together of 100 or more persons in
establishments for drinking or dining.
κ1979
Statutes of Nevada, Page 1332 (CHAPTER 619, SB 583)κ
instruction, worship, entertainment, amusement or awaiting
transportation, or the gathering together of 100 or more persons in
establishments for drinking or dining.
(d) The suppression and punishment of arson and
fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout
the state, but, except with respect to state-owned or state-occupied buildings,
his authority to enforce them or conduct investigations under this chapter is
limited to those counties having a population of less than 100,000, except in
those local jurisdictions in other counties where he is requested to exercise
that authority by the chief officer of the organized fire department of that
jurisdiction.
2. The state fire marshal may set
standards for equipment and appliances pertaining to fire safety or to be used for
fire protection purposes within this state, including the threads used on fire
hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate
with the state forester firewarden in the preparation of regulations relating
to standards for fire retardant roofing materials pursuant to paragraph (e) of
subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate
with the welfare division of the department of human resources in establishing
reasonable minimum standards for, overseeing the safety of and directing the
means and adequacy of exit in case of fire from family foster homes and group
foster homes.
5. The state fire marshal shall
coordinate all activities conducted pursuant to the Fire Research and Safety
Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money
allocated by the United States pursuant to that act.
6. The state fire marshal shall:
(a) Investigate any fire which occurs in a
county having a population of less than 100,000, and from which a death results
or which is of a suspicious nature.
(b) Investigate any fire which occurs in a
county having a population of 100,000 or more, and from which a death results
or which is of a suspicious nature, if requested to do so by the chief officer
of the fire department in whose jurisdiction the fire occurs.
(c) Provide specialized training in
investigating the causes of fires if requested to do so by the chief officer of
an organized fire department.
7. The state fire marshal shall put the
Uniform Fire Incident Reporting System into effect throughout the state on or
before January 1, 1984, and publish at least annually a summary of data
collected under the system.
8. The state fire marshal shall provide
assistance and materials to local authorities, upon request, for establishment
of public education programs and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking construction plans and
specifications;
(b) Provide specialized training to local fire
departments; and
κ1979
Statutes of Nevada, Page 1333 (CHAPTER 619, SB 583)κ
(c) Assist local governments in drafting local
regulations and ordinances,
on request or as he deems necessary.
[10. As
used in this section, population is determined by the last preceding national
census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 3. The
section added to chapter 122 of NRS by section 2 of Assembly Bill No. 598 of
the 60th session of the Nevada legislature is hereby amended to read as
follows:
1. In any
county having a population of 100,000 or more, [as
determined by the last preceding national census of the Bureau of the Census of
the United States Department of Commerce,] the office of the
county clerk where marriage licenses may be issued must be open to the public
for the purpose of issuing such licenses from 8 a.m. to 12 p.m. every day
including holidays, and may remain open at other times.
2. In all other
counties, the board of county commissioners shall determine the hours during
which the offices which issue marriage licenses must remain open to the public.
Sec. 4. The
section added to chapter 244 of NRS by section 14 of chapter 80, Statutes of
Nevada 1979, at page 129, is hereby amended to read as follows:
Sec. 14. Chapter
244 is hereby amended by adding thereto a new section which shall read as
follows:
The board of county
commissioners of any county which has a population of 100,000 or more [, as determined by the last preceding national census
of the Bureau of the Census of the United States Department of Commerce,]
may provide by ordinance for investigation of fires in which a death has
occurred or which are of a suspicious origin, and for the enforcement of
regulations adopted by the state fire marshal.
Sec. 5. Section
2.5 of chapter 185, Statutes of Nevada 1979, is hereby amended to read as
follows:
Sec. 2.5. The
section added to chapter 269 of NRS by section 2 of this act is hereby amended
to read as follows:
In a county whose population
is less than 250,000, [according
to the last preceding national census of the Bureau of the Census of the United
States Department of Commerce,] those areas, including
subdivisions, which are adjacent or contiguous to an unincorporated town having
a population less than 25,000, and which require substantially all of the
services described in NRS 269.575, may be annexed by the unincorporated town by
ordinance adopted by the town board or the board of county commissioners. The
ordinance must contain a provision requiring that the town boundary be
surveyed, mapped, platted and so enlarged as to include the area to be annexed.
Upon filing of the plat or map of the town, including the area annexed, it
constitutes the legal boundary of the town.
κ1979
Statutes of Nevada, Page 1334 (CHAPTER 619, SB 583)κ
Sec. 6. Section
2 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as
follows:
Sec. 2. NRS
4.020 is hereby amended to read as follows:
4.020 1. There
shall be one justices court in each of the townships of the state, for which
there shall be elected by the qualified electors of the township the following
number of justices of the peace according to the population of the township: [as determined by the
last preceding national census of the Bureau of the Census of the United States
Department of Commerce:]
(a) If the population
is less than [60,000,] 80,000, one justice of the peace.
(b) If the population
is [60,000] 80,000
or more but less than 150,000, two justices of the peace.
(c) If the population
is 150,000 or more, five justices of the peace.
2. Justices of
the peace shall receive certificates of election from the boards of county
commissioners of their respective counties.
3. The clerk of
the board of county commissioners shall, within 10 days after the election or
appointment and qualification of any justice of the peace, certify under seal
to the secretary of state the election or appointment and qualification of the
justice of the peace. The certificate [shall]
must be filed in the office of the secretary of
state as evidence of the official character of [such]
that officer.
Sec. 7. Section
92 of Senate Bill No. 72 of the 60th session of the Nevada legislature is
hereby amended to read as follows:
Sec. 92. NRS
373.140 is hereby amended to read as follows:
373.140 1. After
the enactment of an ordinance as authorized in NRS 373.030, all street and
highway construction, surfacing or resurfacing projects in the county which are
proposed to be financed from the county motor vehicle fuel tax must be first
submitted to the regional street and highway commission.
2. Where the project
is within the area covered by the streets and highways plan described in NRS
373.030, the commission shall evaluate it in terms of:
(a) The priorities
established by the plan;
(b) The relation of
the proposed work to other projects already constructed or authorized;
(c) The relative need
for the project in comparison with others proposed; and
(d) The funds
available.
If the commission approves the
project, the board may authorize the project, using all or any part of the
proceeds of the county motor vehicle fuel tax authorized by this chapter
(except to the extent any such use is prevented by the provisions for direct
distribution required by NRS 373.150 or is prevented by any pledge to secure
the payment of outstanding bonds, other securities, or other obligations
incurred hereunder, and other contractual limitations appertaining to such
obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or
other securities issued or to be issued as provided in
NRS 373.130.
κ1979
Statutes of Nevada, Page 1335 (CHAPTER 619, SB 583)κ
as provided in NRS 373.130. If the
board authorizes the project the responsibilities for letting construction and
other necessary contracts, contract administration, supervision and inspection
of work and the performance of other duties related to the acquisition of the
project must be specified in written agreements executed by the board and the
governing bodies of the cities and towns within the area covered by the streets
and highways plan described in NRS 373.030.
3. Where the
project is outside the area covered by the plan, the commission shall evaluate
it in terms of:
(a) Its relation to
the streets and highways plan;
(b) The relation of
the proposed work to other projects constructed or authorized;
(c) The relative need
for the proposed work in relation to other proposed by the same city or town;
and
(d) The availability
of funds.
If the commission approves the
project, the board shall direct the county treasurer to distribute the sum
approved to the city or town requesting the project, in accordance with NRS
373.150.
4. In counties
having a population of less than 100,000, [as
determined by the last preceding national census of the Bureau of the Census of
the United States Department of Commerce,] the commission shall:
(a) Certify the
adoption of the plan;
(b) Submit a copy of
the plan to the department; and
(c) Certify its
compliance with subsections 2 and 3 in the adoption of the plan.
Sec. 8. Section
13 of Senate Bill No. 72 of the 60th session of the Nevada legislature is
hereby repealed.
Sec. 9. 1. Sections
1 to 4, inclusive, of this act shall become effective in 1980 on the date when
the Secretary of Commerce reports the 1980 census of population to the
President of the United States as required by 13 U.S.C. § 141(b).
2. Sections 5 to 8, inclusive, of this
act and this section shall become effective upon passage and approval.
________
CHAPTER 620, SB 585
Senate Bill No.
585Committee on Finance
CHAPTER 620
AN ACT authorizing expenditure for capital
improvements from the higher education capital construction fund; authorizing
expenditure of university capital improvement fee funds; 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. For
the period commencing July 1, 1981, and ending June 30, 1983, if there is
available money in the higher education capital construction
fund created pursuant to NRS 463.385, the state public works board shall cause
to be constructed with the money the projects specified in this section at a
cost to the higher education capital construction fund not exceeding the
amounts stated:
κ1979
Statutes of Nevada, Page 1336 (CHAPTER 620, SB 585)κ
construction fund created pursuant to NRS 463.385, the state
public works board shall cause to be constructed with the money the projects
specified in this section at a cost to the higher education capital
construction fund not exceeding the amounts stated:
1. Project 79-19.......................................................................................... $1,000,000
2. Project 79-21.......................................................................................... 25,000
3. Project 79-24.......................................................................................... 6,550,000
4. Project 79-25.......................................................................................... 5,627,700
5. Project 79-42.......................................................................................... 1,000,000
6. Project 79-L1.......................................................................................... 419,000
Sec. 2. The
state public works board is authorized to use university capital improvement
fee funds in the following amounts to support the construction of the following
projects:
1. Project 79-21.......................................................................................... $150,000
2. Project 79-24.......................................................................................... 3,236,000
3. Project 79-33.......................................................................................... 244,000
4. Project 79-55.......................................................................................... 1,586,000
Sec. 3. 1. The
state public works board shall carry out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans,
specifications and contract documents necessary to the construction of the
capital improvements set forth in this act.
2. The state public works board shall
insure that competent architects, engineers and other qualified persons are
employed to prepare the plans and specifications required to accomplish the
authorized work and, if necessary, to assist in the preparation of contract
documents necessary to the construction of the work.
3. All work authorized by this act must
be approved by the state public works board, and each contract document
pertaining to the work must be approved by the attorney general.
4. Except as provided in subsection 5,
the state public works board shall advertise in a newspaper of general
circulation in this state for separate sealed bids for each construction
project designated in this act. Approved plans and specifications for the
construction must be on file at a place and time stated in the advertisement
for the inspection of all persons desiring to bid thereon and for other
interested persons. The state public works board may accept bids either on the
whole or on any part of the construction, equipment and furnishings, and may
let separate contracts for different and separate portions of any project, or a
combination contract for structural, mechanical and electrical construction if
savings will result thereby, to the lowest responsible bidder thereon; but any
or all bids may be rejected for any good reason.
5. The state public works board is not
required to advertise for sealed bids for construction projects the estimated
cost of which is less than $10,000, but the state public works board may
solicit firm written bids from not less than two licensed contractors doing
business in the area and may thereafter award the
contract to the lowest responsible bidder or reject all bids.
κ1979
Statutes of Nevada, Page 1337 (CHAPTER 620, SB 585)κ
area and may thereafter award the contract to the lowest
responsible bidder or reject all bids.
Sec. 4. This
act shall become effective upon passage and approval.
________
CHAPTER 621, SB 587
Senate Bill No.
587Committee on Finance
CHAPTER 621
AN ACT making an appropriation for the
economic development of small, economically depressed counties; 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 fund for industrial
development in counties having a population of 25,000 or less, which is hereby
created, the sum of $5,000,000 to be used for the financial relief of any such
county facing economic disaster due to factors over which the county had no
control, and after a sustained effort by the county to solve its financial
problems at the local level.
Sec. 2. 1. The
interim finance committee may allocate money from this fund for the
construction of one or more projects consisting of land, buildings and
equipment suitable to house one or more industrial enterprises. Before making
an allocation, the committee shall satisfy itself that the cost of the land,
buildings and equipment will be recovered by the state through payments for its
use within 20 years.
2. The committee shall select for
allocation those projects which it believes most likely to provide stable
employment and contribute permanently to the economy of any county having a
population of 25,000 or less which meets the requirements described in section
1, and which it believes least likely to be undertaken without such an
allocation.
Sec. 3. The
department of economic development shall cooperate with local authorities and
with the interim finance committee in evaluating projects for the purposes of
this act.
Sec. 4. After
June 30, 1984, the uncommitted balance of the appropriation made in section 1
of this act shall not be committed and shall revert to the state general fund.
________
κ1979
Statutes of Nevada, Page 1338κ
CHAPTER 622, SB 588
Senate Bill No.
588Committee on Finance
CHAPTER 622
AN ACT making an appropriation from the state
general fund to the state public works board for carrying out a program of
capital improvements for the State of Nevada; authorizing the expenditure of
grants of money for certain projects; specifying certain powers, duties and
requirements of the state public works board respecting the program; 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 state public works
board the sum of $65,226,501 to support the board in carrying out a program of
capital improvements summarized as follows:
1. Capital
improvements for the department of corrections, Projects 79-1, 79-8, 79-9,
79-12, 79-39 and a 600-inmate prison to be located near Indian Springs, Project
79-7.................................................................................................................. $34,426,300
2. Capital
improvements for the department of human resources, Projects 79-2, 79-3, 79-4,
79-13, 79-16, 79-17, 79-23, 79-28, 79-38, 79-40, 79-81 and the remodeling of
Building IX at the Nevada Mental Health Institute, Project 79-38A..... $7,093,800
3. Capital
improvements for the state museum and historical society, Projects 79-5, 79-34,
79-41, 79-43..................................................................................... $3,331,500
4. Capital
improvements for the university system, Projects 79-6, 79-19, 79-25, 79-29,
79-31, 79-35, 79-42, 77-49 and 79-49...................................................... $13,847,479
5. Capital
improvements for the department of general services, Projects 79-10, 79-22,
79-30, 79-37......................................................................................... $1,364,200
6. Capital
improvements for the military department, Project 79-11 $79,122
7. Capital
improvements for the department of motor vehicles, Project 79-20 $4,652,400
8. Capital
improvements for the data processing commission, Project 79-32 $272,700
9. Capital
improvements for the department of fish and game, Project 79-52 $159,000
Sec. 2. The
state public works board is authorized to accept and use grants of money in the
following amounts to support the construction of the following projects:
1. Capital
improvements for the military department, Project 79-11 $615,576
2. Capital
improvements for the department of human resources, Project 79-17 $635,000
3. Capital
improvements for the state museum and historical society, Projects 79-34 $57,000
4. Capital
improvements for the department of general services, Project 79-30 $200,000
κ1979
Statutes of Nevada, Page 1339 (CHAPTER 622, SB 588)κ
Sec. 3. The
state public works board is authorized to acquire land and convey the rights of
way necessary to Project 79-6, 79-7 and 79-52.
Sec. 4. With
the approval of the interim finance committee, the state public works board may
transfer money from one project to another project if the projects are within
the same department of government or the university system.
Sec. 5. 1. The
state public works board shall carry out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans,
specifications and contract documents necessary to the construction of the
capital improvements set forth in this act.
2. The state public works board shall
insure that competent architects, engineers and other qualified persons are
employed to prepare the plans and specifications required to accomplish the
authorized work and, if necessary, to assist in the preparation of contract
documents necessary to the construction of the work.
3. All work authorized by this act must
be approved by the state public works board, and each contract document
pertaining to the work must be approved by the attorney general.
4. Except as provided in subsection 5,
the state public works board shall advertise in a newspaper of general
circulation in this state for separate sealed bids for each construction
project designated in this act. Approved plans and specifications for the
construction must be on file at a place and time stated in the advertisement
for the inspection of all persons desiring to bid thereon and for other
interested persons. The state public works board may accept bids on either the
whole or on any part of the construction, equipment and furnishings, and may
let separate contracts for different and separate portions of any project, or a
combination contract for structural, mechanical and electrical construction if
savings will result thereby, to the lowest responsible bidder thereon; but any
or all bids may be rejected for any good reason.
5. The state public works board is not
required to advertise for sealed bids for construction projects the estimated
cost of which is less than $10,000, but the state public works board may
solicit firm written bids from not less than two licensed contractors doing
business in the area and may thereafter award the contract to the lowest
responsible bidder or reject all bids.
Sec. 6. There
is hereby appropriated from the state general fund to the legislative
commission the sum of $382,000 for various remodeling projects in the
legislative building.
Sec. 7. Commencing
July 1, 1980, the purchasing division of the department of general services
shall repay in annual installments to the state treasurer for deposit in the
state general fund the cost of constructing the addition to the purchasing
warehouse in Reno, Nevada. Each installment must be equal to 2 percent of the
total cost of $734,000.
Sec. 8. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 1340κ
CHAPTER 623, SB 590
Senate Bill No.
590Committee on Finance
CHAPTER 623
AN ACT authorizing expenditures by various
officers, departments, boards, agencies, commissions and institutions of the
state government for the fiscal years commencing July 1, 1979, and ending June
30, 1980, and beginning July 1, 1980, and ending June 30, 1981; 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. Expenditure
of the following sums not appropriated from the general fund or the state
highway fund in the state treasury is hereby authorized during the fiscal years
beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980,
and ending June 30, 1981, by the various officers, departments, boards,
agencies, commissions and institutions of the state government hereinafter
mentioned:
1979-80 1980-81
Officer of the governor
Crime
prevention.......................................................... $70,030 $59,000
Comprehensive
statewide planning.......................... 152,492 176,451
Comprehensive
statewide planning — federal.......... 232,992 256,951
State
comprehensive employment and training office 520,332 513,488
State
occupational information coordinating committee 66,644 65,938
Office of
community services..................................... 83,808 84,080
Community
development...................................... 40,000 45,000
Weatherization....................................................... 24,000 20,000
Weatherization — department
of energy............. 512,500 350,000
Weatherization — crisis
prevention..................... 41,652 ---------
Rural
housing......................................................... 97,592 106,251
Attorney
general
Administration.............................................................. 1,008,449 1,035,367
Private
detective........................................................... 20,774 21,005
Medical
malpractice investigative fund.................... 12,000 12,000
Treasurer.............................................................................. 64,298.................................................................... 67,275
Department of
administration
Bond
interest and redemption.................................... 1,353,852 914,430
Insurance
premium revolving fund............................ 881,700 948,900
Clear Creek
youth center............................................. 62,400 62,400
Personnel
division........................................................ 1,680,139 1,775,788
Intergovernmental
personnel............................... 205,000 205,000
Cooperative
personnel services.......................... 67,329 68,773
Department of
general services
Directors
office............................................................ 75,799 77,281
κ1979
Statutes of Nevada, Page 1341 (CHAPTER 623, SB 590)κ
1979-1980 1980-81
State
printing office...................................................... $1,594,248 $1,764,398
Records
management services............................. 273,731 273,126
Buildings
and grounds division................................. 2,555,587 2,702,287
Statewide
leases..................................................... 89,100 89,100
Motor pool.................................................................... 1,292,146 1,068,375
Working
capital fund................................................... 2,998,714 3,079,026
Purchasing
division..................................................... 853,096 941,449
Commodity
food program..................................... 539,511 329,228
Surplus
property administration.......................... 90,069 94,385
Central
data processing............................................... 2,207,606 2,245,214
Marlette
Lake................................................................ 34,633 36,703
Accounting
division.................................................... 218,280 228,843
Nevada Magazine............................................................... 343,677.................................................. 395,513
Four Corners
commission grant....................................... 75,113.................................................... 79,250
Department of
taxation....................................................... 207,232.................................................. 219,571
State communications
board............................................. 169,527.................................................. 174,847
Computer
facility................................................................. 2,157,944............................................... 2,097,340
Equal rights
opportunity grant......................................... 102,849.................................................. 112,754
Equal
rights-rapid charge.................................................. 63,308.................................................... 66,854
Legislative
fund
Legal
division................................................................ 681,000 100,000
Administrative
office of the courts.................................. 50,000 50,000
Judicial
education............................................................... 81,780 84,356
District judges
travel......................................................... 500 500
Public defender................................................................... 273,677 277,155
State department
of education
Administration.............................................................. 44,500 44,500
Vocational
education................................................... 1,846,138 1,995,565
School
lunch program.................................................. 5,958,886 5,959,161
Adult basic
education................................................. 297,955 297,955
Higher
education student loan................................... 200,000 200,000
Comprehensive
Employment Training Act.............. 357,750 357,955
Fleischmann
scholarships........................................... 266,327 274,674
Discretionary
grants program..................................... 176,996 176,996
Elementary
and Secondary Education Act, Title I.. 3,945,945 3,945,945
Elementary
and Secondary Education Act, Title VI 1,491,700 1,493,690
Elementary
and Secondary Education Act, Title IVC 545,240 553,220
Elementary
and Secondary Education Act, Title IVB and IVC 904,260 904,206
Teacher
training for handicapped children.............. 125,128 125,265
Commission on
postsecondary authorization................ 45,722 45,722
University of
Nevada System
System
administration................................................. 34,075 34,075
κ1979
Statutes of Nevada, Page 1342 (CHAPTER 623, SB 590)κ
1979-1980 1980-81
Agriculture
experiment station................................... $797,600 $723,100
Cooperative
extension service................................... 658,487 645,508
University
of Nevada, Reno....................................... 3,945,960 3,995,960
School of
medical sciences......................................... 2,080,505 1,306,674
University
of Nevada, Las Vegas.............................. 3,164,161 3,166,161
Clark
County community college............................... 862,415 911,120
Western
Nevada community college........................ 674,445 740,215
Northern
Nevada community college........................ 101,175 103,725
Nevada historical
society.................................................. 7,500 7,500
Nevada state
museum........................................................ 20,927 21,052
Nevada council on
the arts............................................... 416,000 451,000
Nevada state
library........................................................... 90,630 90,630
Library
cooperation...................................................... 54,952 54,952
Library
service improvement...................................... 393,854 369,483
Department of
human resources — directors office...... 36,000 36,000
Health
planning and resources.................................. 238,857 246,159
Aging
services.............................................................. 2,895,850 2,895,850
Developmental
disabilities.......................................... 150,000 150,000
Radioactive
material disposal..................................... 470,105 538,000
Youth
services agency................................................ 13,290 13,290
Northern
Nevada childrens home............................. 23,430 23,430
Southern
Nevada childrens home............................ 29,639 29,639
Nevada
youth training center..................................... 110,478 102,660
Youth
training center — ESEA, Title I.................. 73,750 76,339
Girls
training center...................................................... 30,066 30,066
Girls
training center — ESEA, Title I..................... 50,000 50,000
Probation,
subsidies.................................................... 348,520 338,478
Health
division
Office
of the state health officer.......................... 88,168 89,063
Vital
statistics......................................................... 66,798 67,835
Dental
health........................................................... 79,438 87,688
Bureau
of health facilities..................................... 192,232 201,841
Family
planning project......................................... 169,352 175,697
Bureau
of laboratory and research...................... 184,461 188,776
Womens,
infants and childrens food supplement program ............................................................ 2,001,628 2,125,530
Maternal
and child health..................................... 1,216,605 1,125,186
Bureau
of community health services................. 394,069 359,749
Health
aid to counties........................................... 117,360 117,360
Venereal
disease control....................................... 149,708 160,639
Immunization
program........................................... 160,230 160,231
Consumer
protection............................................. 406,257 416,255
Improved
pregnancy outcome............................. 396,315 396,296
κ1979
Statutes of Nevada, Page 1343 (CHAPTER 623, SB 590)κ
1979-1980 1980-81
Health division
nutrition.................................................... $2,709 $3,294
Emergency
medical services....................................... 1,148,500 247,733
Emergency
medical — Fleischmann grant.................. 1,098,196 132,733
Drug
licensing............................................................... 53,938 56,346
Uranium
mills licensing................................................ 76,259 61,493
Cancer
control registry................................................ 40,000 40,000
Mental hygiene
and mental retardation
Nevada
mental health institute................................... 462,272 477,272
Institute
land exchange............................................... 69,000 ---------
Reno mental
health center........................................... 131,800 131,800
Childrens
behavioral — Washoe............................... 347,240 352,231
Rural
clinics................................................................... 1,528,255 1,303,613
Las Vegas
mental health center.................................. 1,509,508 1,355,704
Food
service center............................................... 328,466 361,028
Childrens
behavioral — Las Vegas............................ 334,000 334,000
Henderson
mental health center................................ 187,529 212,475
Desert
developmental center...................................... 1,524,444 1,666,699
Sierra
developmental center........................................ 1,579,586 1,650,476
Community
training centers........................................ 675,857 776,571
Foster
grandparents program..................................... 158,267 159,450
Resident
placement...................................................... 412,873 455,104
Community
awareness project................................... 290,551 302,555
Retired
senior volunteer.............................................. 57,372 59,624
Senior
companions....................................................... 67,450 47,681
Welfare division
Administration.............................................................. 5,941,713 6,081,680
Child
welfare.................................................................. 704,263 808,850
Aid to
dependent children.......................................... 3,876,000 4,410,000
Medical
care unit.......................................................... 19,609,874 23,456,554
Food stamp
program.................................................... 1,254,074 1,301,758
Work
incentive............................................................. 45,000 45,000
Homemaking
services.................................................. 289,403 340,538
Child
support enforcement......................................... 1,963,357 2,062,461
Purchase of
social services......................................... 6,044,808 6,407,386
Federal
Cuban refugee program................................. 248,288 204,237
Indo-Chinese
refugee.................................................. 57,303 31,835
Child
protection............................................................ 37,153 37,153
Day care,
Title XX........................................................ 187,000 187,000
Rehabilitation
division
Administration.............................................................. 613,584 634,499
Vocational
rehabilitation............................................. 3,189,405 3,252,287
Social
services — vocational rehabilitation............... 103,051 107,134
Independent
living....................................................... 449,996 599,994
Services to
the blind.................................................... 701,055 715,745
Business
enterprise contingency fund..................... 58,380 60,837
κ1979
Statutes of Nevada, Page 1344 (CHAPTER 623, SB 590)κ
1979-1980 1980-81
Homebound
industries.......................................... $180,908 $181,275
Social
services for the blind................................. 114,849 120,676
Alcoholism
and drug rehabilitation..................... 1,549,233 1,605,823
Bureau
of disability adjudication......................... 1,274,130 1,316,137
Department of the
military................................................. 480,519 512,929
Adjutant
general construction fund.......................... 22,687 27,687
Civil
defense and disaster agency............................. 67,149 67,468
Federal
disaster assistance................................... 49,983 49,981
RADEF
program..................................................... 46,149 46,677
Hardware
program.................................................. 200,000 200,000
Surplus
property — National weather service grant ................................................................. 30,396 31,490
Personnel
and administrative program............... 343,000 343,000
Nevada state
prison — office of the director................... 246,000 260,200
Prison warehouse
fund................................................ 1,500,000 2,000,000
Nevada
state prison..................................................... 19,300 20,232
Northern
Nevada correctional center........................ 336,949 357,154
Southern
Nevada correctional center........................ 9,100 9,602
Nevada
womens correctional center........................ 8,500 9,010
Prison
honor camp....................................................... 98,632 105,354
Restitution
centers....................................................... 96,000 144,000
Prison
grant account.................................................... 125,000 125,000
Parole and
probation — federal grants............................. 19,802 ---------
Commission on
crime, delinquency and corrections
Law
enforcement planning agency............................ 229,567 239,902
Peace
officers standard and training........................ 11,440 11,440
Crime
commission — federal grants............................ 3,534,050 4,312,400
Commerce
department
Office of
the director.................................................... 3,360 3,383
Thrift
companies........................................................... 8,212 8,827
Credit
union division................................................... 44,271 49,045
Mobile home................................................................. 441,812 467,305
Insurance
division
National
association of insurance commissioners ................................................................. 15,000 15,000
Prepaid
funeral and cemetery fund...................... 5,700 5,700
Unclaimed
life insurance fund.............................. 25,000 25,000
Insurance
examiners.............................................. 310,000 310,000
Insurance
recovery fund....................................... 40,000 40,000
Insurance
education and research...................... 20,000 20,000
Consumer
affairs........................................................... 2,000 2,000
Disability
and advocacy program........................ 59,369 61,810
Fire
marshal................................................................... 34,788 37,507
κ1979
Statutes of Nevada, Page 1345 (CHAPTER 623, SB 590)κ
1979-1980 1980-81
Real estate
administration........................................... $211,000 $216,500
Real
estate education and research..................... 580,000 400,000
Real
estate recovery.............................................. 50,000 50,000
Real
estate investigative fund.............................. 4,000 4,000
Housing
division.......................................................... 242,935 257,555
Banking
division........................................................... 5,000 5,000
Gaming control
board......................................................... 5,000 5,000
Gaming control
board investigative fund....................... 1,150,000 1,150,000
Racing commission............................................................. 17,500 18,500
Racing — Henderson.................................................... 154,152 391,926
Dairy commission............................................................... 490,011 537,805
Public service
commission................................................ 2,420,094 1,960,227
Labor
commissioner........................................................... 2,000 2,000
Inspector of
mines.............................................................. 192,707 180,438
Taxicab authority................................................................ 742,157 951,188
Department of
energy
Administration.............................................................. 76,269 78,872
Research
and development......................................... 80,000 80,000
Conservation
and planning........................................ 298,331 295,728
Energy
advisory board................................................ 10,000 10,000
Division of
Colorado River resources....................... 502,829 511,148
Department of
conservation and natural resources
Environmental
protection............................................ 703,300 757,423
Division of
state lands................................................. 20,000 20,000
Division of
water planning.......................................... 50,000 50,000
Division of
historic preservation and archeology... 497,000 497,000
Division of
state parks................................................. 250,000 300,000
State park
planning and development....................... 59,026 60,014
Parks YCC
program...................................................... 90,000 90,000
Division of
forestry...................................................... 921,980 924,813
Forestry
honor camp............................................. 85,000 85,000
Forestry
nurseries.................................................. 69,000 79,000
Forestry
fire suppression...................................... 100,000 100,000
Forestry
YACC program....................................... 27,821 29,363
Forest
and watershed rehabilitation.................... 5,000 5,000
Division of
mineral resources..................................... 11,000 12,000
Carey Act
trust fund.................................................... 36,248 24,094
Department of
wildlife........................................................ 6,507,786 6,305,823
Boat
program................................................................. 649,450 671,800
Department of
agriculture
Plant
industry fund...................................................... 145,300 122,300
Apiary
inspection fund............................................... 15,490 13,089
Agriculture
registration and enforcement fund....... 96,465 94,152
Livestock
inspection fund.......................................... 444,000 439,257
κ1979
Statutes of Nevada, Page 1346 (CHAPTER 623, SB 590)κ
1979-1980 1980-81
Meat
inspection............................................................ $22,718 $24,600
Insect
abatement.......................................................... 45,000 45,000
Alfalfa
seed research................................................... 18,103 18,000
Veterinary
medical services........................................ 5,000 5,000
Predatory animal
and rodent control............................... 120,000 220,000
Sheep inspection
fund....................................................... 10,150 10,150
Woolgrowers
predatory animal control.......................... 77,811 53,425
Grazing boards.................................................................... 22,000 22,000
Department
of highways (or transportation)........... 122,471,200 133,094,200
Department of
motor vehicles
Record
search program................................................ 480,000 792,000
Drivers
license.............................................................. 240,000 240,000
Automation
division.................................................... 40,256 40,256
Law
enforcement, highway patrol.............................. 80,458 81,963
Highway
patrol special fund....................................... 2,952,536 3,095,674
Highway
patrol grant account.................................... 16,054 16,862
Motor
vehicle pollution control................................. 280,101 251,670
Office of traffic
safety........................................................ 189,670 197,749
Traffic
safety — federal grants.................................... 1,070,000 1,177,000
Public employees
retirement fund................................... 1,327,325 1,408,829
Employment
security department
Unemployment
compensation administration......... 14,048,786 14,592,718
Old-age
survivors insurance administration............ 6,677 6,677
Work
incentive program.............................................. 269,926 284,064
Comprehensive
Employment and Training Act............. 863,487 70,827
Professional and
vocational boards
Board of
accounting.................................................... 113,400 122,472
Board of
architecture................................................... 52,377 49,700
Board of
landscape architects.................................... 3,905 3,905
State
barbers health and sanitation board.............. 16,250 16,250
Board of
chiropractic examiners................................. 7,690 7,690
Board of
contractors.................................................... 611,500 646,000
Board of
cosmetology................................................. 70,000 70,000
Board of
dental examiners........................................... 11,010 11,010
Board of
registered and professional engineers...... 76,500 86,600
Board of
funeral directors and embalmers................ 3,400 3,400
Board of
hearing aid specialists................................. 1,700 2,100
State
liquefied petroleum gas board.......................... 25,714 25,714
Board of
medical examiners......................................... 145,470 161,375
Board of
nursing........................................................... 74,135 66,800
Board of
dispensing opticians................................... 1,670 1,670
Board of
optometry...................................................... 6,050 6,050
κ1979
Statutes of Nevada, Page 1347 (CHAPTER 623, SB 590)κ
1979-1980 1980-81
Board of
osteopathy.................................................... $500 $500
Board of
pharmacy....................................................... 244,875 263,500
Board of
physical therapy examiners........................ 1,914 1,914
Board of
Oriental medicine.......................................... 10,170 10,170
Board of
public health sanitarians............................. 1,000 1,000
Board of
podiatry......................................................... 1,550 1,550
Board of
psychological examiners............................. 3,680 3,680
Board of
examiners in veterinary medicine............... 7,785 7,785
Sec. 2. 1. Expenditure
of $6,703,553 by the Nevada gaming control board from the general fund in the
state treasury pursuant to the provisions of NRS 463.330 is hereby authorized
during the fiscal year beginning July 1, 1979, and ending June 30, 1980.
2. Expenditure of $7,157,566 by the
Nevada gaming control board from the general fund in the state treasury
pursuant to the provisions of NRS 463.330 is hereby authorized during the
fiscal year beginning July 1, 1980, and ending June 30, 1981.
Sec. 3. The
funds authorized to be expended by the provisions of sections 1 and 2 of this
act (except the legislative fund and the public employees retirement fund)
must be expended in accordance with the allotment transfer, work-program and
budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and
from salary allotments, travel allotments, operating expense allotments,
equipment allotments and other allotments must be allowed and made in accordance
with the provisions of NRS 353.215 to 353.225, inclusive, and after separate
consideration of the merits of each request.
Sec. 4. 1. Except
as provided in subsection 2, and in accordance with the provisions of S.B. 255
of the 60th session of the Nevada legislature the chief of the budget division
of the department of administration may, with the approval of the governor,
authorize the augmentation of the amounts authorized in sections 1 and 2 of
this act for expenditure by a given officer, department, board, agency,
commission and institution from any other state agency, from any agency of
local government or of the Federal Government, or from any other source which
he determines is in excess of the amount so taken into consideration by this act.
The chief of the budget division of the department of administration shall
reduce any authorization whenever he determines that funds to be received will
be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative
counsel bureau may, with the approval of the legislative commission, authorize
the augmentation of the amount authorized in section 1 of this act to the
legislative fund for expenditure by the legislative counsel bureau from any
source which he determines is in excess of the amount so taken into
consideration by this act. The direct of the legislative counsel bureau shall
reduce the authorization whenever he determines that funds to be received will
be less than the amount so authorized in section 1 of this act.
Sec. 5. Where
the operation of an office, department, board, agency, commission,
institution or program is financed by an appropriation or appropriations from
the general fund in the state treasury as well as by funds received from other
sources, the portion provided by appropriation from the general fund in the
state treasury must be decreased to the extent that the receipts of the funds
from other sources approved by this act are exceeded, but such decrease must
not jeopardize the receipts of such funds as are to be received from other
sources.
κ1979
Statutes of Nevada, Page 1348 (CHAPTER 623, SB 590)κ
commission, institution or program is financed by an appropriation
or appropriations from the general fund in the state treasury as well as by
funds received from other sources, the portion provided by appropriation from
the general fund in the state treasury must be decreased to the extent that the
receipts of the funds from other sources approved by this act are exceeded, but
such decrease must not jeopardize the receipts of such funds as are to be
received from other sources.
________
CHAPTER 624, AB 98
Assembly Bill
No. 98Assemblymen Coulter, Banner, Barengo, Getto, Bremner, Robinson, Hickey,
Rusk, Price, Prengaman, Vergiels, Mello, Bedrosian, Westall, Dini, Malone,
Mann, Bergevin, Rhoads, Bennett, Sena, Cavnar, Fielding, Chaney, FitzPatrick,
Jeffrey, Craddock, Marvel, Glover, Polish and Webb
CHAPTER 624
AN ACT relating to pharmacy; allowing
pharmacists to fill prescriptions according to generic name under specified
conditions; 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
639 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 12, inclusive, of this act.
Sec. 2. Practitioner means a dentist, podiatrist or veterinarian licensed
to practice his profession in this state or a physician.
Sec. 3. If a practitioner has prescribed a drug by brand name and has
indicated that a substitution may be made, a pharmacist may fill the
prescription with another drug which is biologically equivalent and has the
same active ingredient or ingredients of the same strength, quantity and form of
dosage and is of the same generic type as the drug prescribed.
Sec. 4. 1. Before he makes a substitution, a pharmacist
shall advise the person who presents the prescription of:
(a) The generic drug
which he proposes to substitute; and
(b) The price difference
between the drug under the brand name prescribed and the drug which the
pharmacist proposes to substitute.
2. A pharmacist
shall not make any substitution of drugs if the drug to be substituted is
higher in cost than the drug prescribed by brand name.
3. The person
presenting the prescription may refuse to accept the proposed substitution.
Sec. 5. When a substitution is made pursuant to sections 2 to 12,
inclusive, of this act, the pharmacist shall note the name of the manufacturer,
packer or distributor of the drug actually dispensed on the prescription.
Sec. 6. 1. Each prescription form used in this state must
contain two lines for the signature of the prescriber. The line on the left
must be printed above the words substitution permitted, and the line on the
right must be printed above the words dispense as written.
κ1979
Statutes of Nevada, Page 1349 (CHAPTER 624, AB 98)κ
2. Substitutions
may not be made in filling prescriptions written by practitioners outside the
State of Nevada or in prescriptions filled outside the state and mailed into
Nevada.
Sec. 7. No employer of a pharmacist may require the pharmacist to
dispense any specific generic drug if:
1. Substitution is
not permitted by the prescription as signed by a practitioner; or
2. Substitution
would be against the professional judgment of the pharmacist.
Sec. 8. A pharmacist may not make a substitution pursuant to
sections 2 to 12, inclusive, of this act unless the manufacturer of the drug
which he proposes to substitute is licensed in Nevada and:
1. All products
are dated with an expiration date on the original package.
2. All tablets and
capsules have the manufacturers product identification code imprinted on them.
3. The
manufacturer is capable of recalling unsafe or defective drugs, and has filed a
statement describing its capability with the board.
4. The
manufacturer has filed a liability statement relative to its drugs with the
board.
Sec. 9. The board shall furnish each pharmacy in Nevada with a
list of all manufacturers who are qualified pursuant to section 8 of this act.
The board shall publish addenda or revised lists at least quarterly.
Sec. 10. A pharmacist who selects a drug for substitution
assumes no greater civil liability than he assumes by filling the prescription
with the drug under its brand name.
Sec. 11. A pharmacist who proposes to make any substitution must
have made use of a list of biologically equivalent drugs which is published by
the United States Food and Drug Administration.
Sec. 12. 1. Each pharmacy shall prominently display at or
near the place where prescriptions are dispensed the following information in
block letters not less than 1 inch in height:
STATE
LAW ALLOWS A LESS EXPENSIVE BIOLOGICALLY EQUIVALENT DRUG TO BE SUBSTITUTED FOR
A DRUG DESIGNATED BY A TRADE OR BRAND NAME IF IT IS AVAILABLE AND UNLESS YOUR
PHYSICIAN REQUESTS OTHERWISE. CONSULT YOUR PHARMACIST CONCERNING THE
AVAILABILITY OF THE LEAST EXPENSIVE DRUG FOR YOUR USE.
2. The information
required by subsection 1 may be combined with the notice required by section 1
of chapter 260, Statutes of Nevada 1979.
Sec. 13. This
act shall become effective on October 1, 1979.
________
κ1979
Statutes of Nevada, Page 1350κ
CHAPTER 625, AB 147
Assembly Bill No.
147Assemblymen Hayes, Stewart, Harmon, May, Barengo, Sena, Malone and
Bedrosian
CHAPTER 625
AN ACT relating to elections; changing
certain provisions of law regarding the place and notice given of precinct
meetings; requiring election of delegates to county political conventions; 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
293.135 is hereby amended to read as follows:
293.135 1. The county
central committee of each political party in each county shall cause a precinct
meeting of the registered voters of the party [,
registered as such,] residing in each voting precinct entitled to
delegates in the county convention, [to]
which must be called and held on or before the
fifth day preceding the dates set by the respective state central committees,
but not later than the fifth day before the 2nd Tuesday in April in each year
in which a general election is held.
2. The meeting [may
be held:
(a) In any building,
public or private, within the precinct; or
(b) If no suitable public
or private building is available within the precinct, then in any public
building within the ward or voting district, if any, in which such precinct is
located.] must be held in one of the
following places in the following order of preference:
(a) Any public building
within the precinct;
(b) Any public building
within the county, to accommodate any number of precincts; or
(c) Any private building
within the precinct.
3. The
county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the
building where the meeting is to be held at least 5 days prior to the date of
such meeting.
(b) Publication at least 5 days prior to the
date of such meeting in one or more newspapers of general circulation in the
precinct, published in the county, if any are so published. The notice [shall] must be
printed in conspicuous display advertising format of not less than 10 column
inches, and [shall] must include the following language, or words [to like effect:] of
similar import:
NOTICE TO ALL VOTERS
REGISTERED
IN THE (STATE NAME OF
POLITICAL PARTY)
Nevada state law requires each political party, in
every year during which a general election is held, to cause a precinct meeting
to be held in each precinct. All persons registered in that party and residing
in that precinct are entitled to attend the precinct meeting. Delegates to your
partys county convention will be elected at the meeting by those in
attendance. Set forth below are the time and place at which your precinct
meeting will be held, together with the number of delegates to be elected from
each precinct. If you wish to participate in the organization of your party for
the coming 2 years, attend your precinct meetings.
κ1979
Statutes of Nevada, Page 1351 (CHAPTER 625, AB 147)κ
[(c) Such further
means as conditions existing in the precinct may reasonably require.]
4. The
notice [shall] must specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county
convention to be chosen at the meeting.
Sec. 2. NRS
293.137 is hereby amended to read as follows:
293.137 1. Promptly at the
time and place appointed therefor, such mass meeting [shall]
must be convened and organized in each precinct.
If access to the premises appointed for any such meeting is [for any reason] not available, the
meeting may be convened at an accessible place immediately adjacent thereto. [All such meetings shall] Such a meeting must be conducted openly and publicly
and in such a manner that [they are]
it is freely accessible to any registered voter
of the party calling the meeting who resides in the precinct and is desirous of
attending the meeting, until the meeting is adjourned. At the meeting the
delegates to which the members of the party residing in the precinct are
entitled in the partys county convention [shall]
must be elected by ballot. The result of the
election [shall] must be certified to the county convention of the party
by the chairman and the secretary of the meeting upon the forms specified in
subsection 3.
2. [If any
precinct fails to elect delegates to any partys county convention, the county
central committee then in office may fill the vacancies from qualified members
of the party in such precinct, and the secretary of the county central
committee shall certify the same to the county convention.] At the precinct meetings, the delegates and alternates to the
partys convention must be elected. If a meeting is not held for a particular
precinct at the location specified, that precinct must be without
representation at the county convention unless the meeting was scheduled, with
proper notice, and no registered voter of the party appeared. In that case, the
meeting shall be deemed to have been held and the position of delegate is
vacant. If a position of delegate is vacant, it must be filled by the
designated alternate, if any. If there is no designated alternate, the county
central committee shall appoint a delegate from among the qualified members of
the party residing in the precinct in which the vacancy occurred, and the
secretary of the county central committee shall certify the appointed delegate
to the county convention.
3. The county central committee shall
prepare and number serially a number of certificate forms equal to the total
number of delegates to be elected throughout the county, and deliver the appropriate
number to each precinct meeting. Each certificate [shall]
must be in duplicate. The original [shall] must be
given to the elected delegate, and the duplicate transmitted to the county
central committee.
4. All such duplicates [shall] must be
delivered to the chairman of the preliminary credentials committee of the
county convention. Every delegate who presents a certificate matching one of
the duplicates [shall] must be seated without dispute.
5. Each political
party shall adopt written rules not less than 95 days before the date set by
the state central committee or fixed by law for the county convention or by
January 1 of the calendar year of the national
convention or conference, whichever is earlier, governing, but not limited to,
the following procedures:
κ1979
Statutes of Nevada, Page 1352 (CHAPTER 625, AB 147)κ
national convention or conference,
whichever is earlier, governing, but not limited to, the following procedures:
(a) The selection, rights
and duties of committees of a convention;
(b) Challenges to
credentials of delegates; and
(c) Majority and minority
reports of committees.
________
CHAPTER 626, AB 191
Assembly Bill No.
191Committee on Health and Welfare
CHAPTER 626
AN ACT relating to psychologists; revising
the boards schedule of fees; providing for confidentiality of applicants
records; 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
641.090 is hereby amended to read as follows:
641.090 1. The
secretary-treasurer shall make and keep [,]
on behalf of the board: [,
the following:]
(a) A record of all
its meetings and proceedings.
(b) A record of all violations and prosecutions
under the provisions of this chapter.
(c) A record of all examinations of applicants.
(d) A register of all certificates.
(e) A register of all certificate holders.
(f) An inventory of the property of the board
and of the state in the boards possession.
2. [All
records of the board shall] These records
must be kept in the office of the board and [shall
be] are subject to public
inspection [,] during normal
working hours [,] upon reasonable
notice.
3. The board may
keep the personnel records of applicants confidential.
Sec. 2. NRS
641.180 is hereby amended to read as follows:
641.180 [Each]
The board shall give each applicant for a
certificate [shall be given] a written
examination [by the board] on his
knowledge of psychology. In addition, the board may require an oral
examination. The examination [shall]
must be given at least once a year, and may be
given more often if deemed necessary by the board. The examination [shall] must be
given at a time and place, and under such supervision, as the board may
determine. A grade of 75 percent [shall be]
is a passing grade. The board may examine in
whatever applied or theoretical fields it deems appropriate.
Sec. 3. NRS
641.370 is hereby amended to read as follows:
641.370 The board
shall fix, by regulation, the amount of the fees payable to [the board] it pursuant
to this chapter, [shall
be fixed by the board] according to the following schedule:
1. Examination fee..................................................................................... [$25] $85
κ1979
Statutes of Nevada, Page 1353 (CHAPTER 626, AB 191)κ
2. Certification fee............................................................................................. $15
3. Biennial registration fee, not [less than $20 nor more than $80, as determined by the
board.] more than $100.
4. Restoration of a certificate revoked
for nonpayment of the biennial registration fee, not [less
than $20 nor more than $80, as determined by the board.] more than $100.
5. Application
fee....................................................................................... [10] 25
6. Certification
by endorsement under the provisions of NRS 641.190.... 50
Sec. 4. NRS
641.210 is hereby repealed.
Sec. 5. This
act shall become effective upon passage and approval.
________
CHAPTER 627, AB 210
Assembly Bill No.
210Assemblyman Westall
CHAPTER 627
AN ACT relating to the state personnel
system; revising certain disciplinary procedures; 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
284 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
The commission shall adopt by
regulation a system for administering disciplinary measures against a state
employee in which, except in cases of serious violations of law or regulations,
less severe measures are applied at first, after which more severe measures are
applied only if less severe measures have failed to correct the employees
deficiencies.
Sec. 2. NRS
284.376 is hereby amended to read as follows:
284.376 1. Within 30 days
after receipt of notice of a transfer pursuant to the provisions of NRS
284.375, a permanent classified employee who has been transferred without his
consent may [, in writing,] request
in writing a hearing before the hearing officer
of the personnel division to determine whether the transfer was made for the
purpose of harassing [such] the employee. The hearing must
be conducted in accordance with the procedures set forth in NRS 284.390 to
284.405, inclusive.
2. [The
hearing officer shall grant the employee a hearing within 20 working days after
receipt of the employees written request unless the time limitation is waived,
in writing, by the employee or there is a conflict with the hearing or review
calendar of the hearing officer, in which case the hearing shall be scheduled
for the earliest possible date after the expiration of the 20 days. The
technical rules of evidence do not apply at such hearing.
3. After the
hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the
reasons therefor.
κ1979
Statutes of Nevada, Page 1354 (CHAPTER 627, AB 210)κ
officer shall render his decision in
writing, setting forth the reasons therefor.
4.] If
the hearing officer determines that the transfer was made for the purpose of
harassing the employee, the transfer [shall]
must be set aside and the employee shall be
returned to his former position. If [such]
the transfer caused the employee to be away from
his original headquarters, the employee [shall]
is entitled to be paid expense allowances as
provided in NRS 281.160 for the period of time the transfer was in effect.
5. The decision of the hearing officer is
binding on the parties, but is subject to review and rehearing by the
commission.
Sec. 3. NRS
284.391 is hereby amended to read as follows:
284.391 1. The hearing
officer or the commission or any member thereof may, upon application of any
party to a hearing held pursuant to NRS 284.390 [,]
or 284.376, [or 284.377,] issue subpenas requiring
the attendance and testimony of witnesses at [such]
the proceeding.
2. The hearing
officer may, upon motion of a party, direct that an opposing party participate
in a discovery conference at which both parties and their counsel may put
questions to the other party and receive answers, or request and receive copies
of relevant documents or examine relevant documents and records and any other
physical evidence which the opposing party intends to use at the hearing.
3. The
hearing officer or any member of the commission, or any agent or agency
designated by the commission for such purposes, may administer oaths and
affirmations and examine witnesses.
Sec. 4. NRS
284.392 is hereby amended to read as follows:
284.392 [The]
A subpena issued pursuant to NRS 284.391 [shall extend] extends
to all parts of the state and [shall]
must be served in accordance with the provisions
of N.R.C.P. 4(c). No witness [shall]
may be required to attend at a place out of the
county in which he resides unless the distance is less than 100 miles from his
place of residence, except, upon affidavit of any party showing that the
testimony of [such] that witness is material and necessary, the hearing
officer or the commissioner may endorse on the subpena an order requiring the
attendance of [such] the witness in response to [such]
the subpena.
Sec. 5. NRS
284.393 is hereby amended to read as follows:
284.393 1. All
witnesses appearing pursuant to subpena, other than parties or officers or
employees of the state or any political subdivision thereof, [shall] are
entitled to receive fees and mileage in the same amounts and under the
same circumstances as prescribed by law for witnesses in civil actions in the
district courts.
2. Witnesses
entitled to fees or mileage who attend hearings at points so far removed from
their residences as to prohibit return thereto from day to day are entitled, in
addition to fees and mileage, to the per diem compensation for subsistence and
transportation authorized by NRS 281.160 for each day of actual attendance and
for each day necessarily occupied in traveling to and from the hearings.
3. Fees for
subsistence and transportation expenses [shall]
must be paid by the party at whose request the
witness is subpenaed. The hearing officer or the
commission may award as costs the amount of all such expenses to the prevailing
party.
κ1979
Statutes of Nevada, Page 1355 (CHAPTER 627, AB 210)κ
hearing officer or the commission may award as costs the
amount of all such expenses to the prevailing party.
Sec. 6. NRS
284.377 is hereby repealed.
________
CHAPTER 628, AB 325
Assembly Bill No.
325Committee on Ways and Means
CHAPTER 628
AN ACT making an appropriation from the
state general fund to the department of highways for replacement of obsolete
road maintenance equipment and vehicles; 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 highways
the sum of $5,000,000 for the purpose of replacing obsolete road maintenance
equipment and vehicles.
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.
________
CHAPTER 629, AB 333
Assembly Bill No.
333Committee on Judiciary
CHAPTER 629
AN ACT relating to liability in tort;
creating joint as well as several liability of multiple defendants where
plaintiff is contributorily negligent; changing a provision for contribution
among tortfeasors; 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
17.225 is hereby amended to read as follows:
17.225 1. Except as
otherwise provided in [NRS 17.215 to 17.325,]
this section and NRS 17.235 to 17.305, inclusive,
where two or more persons become jointly or severally liable in tort for the
same injury to person or property or for the same wrongful death, there is a
right of contribution among them even though judgment has not been recovered
against all or any of them.
2. The right of contribution exists only
in favor of a tortfeasor who has paid more than his [pro
rata] equitable share of the common
liability, and his total recovery is limited to the amount paid by him in excess of his [pro rata] equitable share.
κ1979
Statutes of Nevada, Page 1356 (CHAPTER 629, AB 333)κ
excess of his [pro rata]
equitable share. No tortfeasor is compelled to
make contribution beyond his own [pro rata]
equitable share of the entire liability.
3. A tortfeasor who enters into a
settlement with a claimant is not entitled to recover contribution from another
tortfeasor whose liability for the injury or wrongful death is not extinguished
by the settlement nor in respect to any amount paid in a settlement which is in
excess of what was reasonable.
Sec. 2. NRS
17.265 is hereby amended to read as follows:
17.265 NRS [17.215
to 17.325,] 17.225 to 17.305, inclusive,
do not impair any right of indemnity under existing law. Where one tortfeasor
is entitled to indemnity from another, the right of the indemnity obligee is
for indemnity and not contribution, and the indemnity obligor is not entitled
to contribution from the obligee for any portion of his indemnity obligation.
Sec. 3. NRS
17.275 is hereby amended to read as follows:
17.275 A liability insurer, who by
payment has discharged in full or in part the liability of a tortfeasor and has
thereby discharged in full its obligation as insurer, is subrogated to the
tortfeasors right of contribution to the extent of the amount it has paid in
excess of the tortfeasors [pro rata]
equitable share of the common liability. This
provision does not limit or impair any right of subrogation arising from any
other relationship.
Sec. 4. NRS
17.295 is hereby amended to read as follows:
17.295 In determining the [pro rata] equitable
shares of tortfeasors in the entire liability:
1. [Their
relative degrees of fault shall not be considered;
2.] If
equity requires, the collective liability of some as a group [shall constitute] constitutes a single share; and
[3.] 2. Principles of equity applicable to
contribution generally [shall] apply.
Sec. 5. NRS
17.305 is hereby amended to read as follows:
17.305 NRS [17.215
to 17.325,] 17.225 to 17.305, inclusive,
do not apply to breaches of trust or of other fiduciary obligation.
Sec. 6. NRS
41.141 is hereby amended to read as follows:
41.141 1. In any action to
recover damages for death or injury to persons or
for injury to property in which contributory
negligence may be asserted as a defense, the contributory negligence of the
plaintiff [shall] or his decedent does not bar a recovery if [the] that negligence
[of the person seeking recovery] was
not greater than the negligence or gross negligence of the person or persons
against whom recovery is sought, but any damages allowed [shall] must be
diminished in proportion to the amount of negligence attributable to the person
seeking recovery [.] or his decedent.
2. In [such]
those cases, the judge may [,] and when requested by any party shall
instruct the jury that:
(a) The plaintiff may not recover if his
contributory negligence or that of his decedent has
contributed more to the injury than the negligence of the defendant or the
combined negligence of multiple defendants.
(b) If the jury determines the plaintiff is
entitled to recover, it shall return [by]
:
κ1979
Statutes of Nevada, Page 1357 (CHAPTER 629, AB 333)κ
(1) By general
verdict the total amount of damages the plaintiff would be entitled to recover [except for] without
regard to his contributory negligence.
[(c) If the jury
determines that a party is entitled to recover, it shall return a]
(2) A special verdict indicating the percentage
of negligence attributable to each party.
[(d) The
percentage of negligence attributable to the person seeking recovery shall
reduce the amount of such recovery by the proportionate amount of such
negligence.]
(3) By general verdict the net sum determined to be
recoverable by the plaintiff.
3. Where recovery is allowed against more
than one defendant in such an action [:
(a) The] , the defendants are jointly and
severally liable to the plaintiff [.]
, except that a defendant whose negligence is less than
that of the plaintiff or his decedent is not jointly liable and is severally
liable to the plaintiff only for that portion of the judgment which represents
the percentage of negligence attributable to him.
[(b) Each
defendants liability shall be in proportion to his negligence as determined by
the jury, or judge if there is no jury. The jury or judge shall apportion the
recoverable damages among the defendants in accordance with the negligence
determined.]
Sec. 7. NRS
17.215, 17.315, 17.325 and 698.310 are hereby repealed.
________
CHAPTER 630, AB 348
Assembly Bill No.
348Assemblymen Robinson and Mello
CHAPTER 630
AN ACT relating to administrative
regulations; permitting the legislative commission to appoint a committee to
examine adopted regulations; 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
233B.067 is hereby amended to read as follows:
233B.067 1. After its
hearing on a proposed regulation, the agency shall submit an original and four
copies of each regulation adopted, except an emergency regulation or a
temporary regulation, to the director of the legislative counsel bureau for
review by the legislative commission, which may refer it to a joint interim committee, to
determine whether the regulation conforms to the statutory authority under
which it was adopted and whether the regulation carries out the intent of the
legislature in granting that authority. The director shall cause to be indorsed
on the original and duplicate copies of each adopted regulation the [time and] date of their [filing] receipt and
shall maintain one copy of the regulation in a file and available for public
inspection for [a period of] 2
years.
κ1979
Statutes of Nevada, Page 1358 (CHAPTER 630, AB 348)κ
2. The legislative commission or the joint interim committee if the commission has referred
it to such a committee, shall review the regulation at its next
regularly scheduled meeting if the regulation is received more than 3 working
days before the meeting [, or] and a regular meeting is held within 35 days [, whichever occurs first.] after receipt of the regulation. The commission may appoint a
committee composed of three or more members of the commission or any joint
interim committee to examine proposed regulations received more than 35 days before
a regular meeting is scheduled to be held. If the commission [fails to complete its review of the regulation within
that time,] or committee does not object
to a regulation within 35 days after its receipt, the director of the
legislative counsel bureau shall promptly file the regulation with the
secretary of state and notify the agency of the filing. If
the committee objects to a regulation, the director shall not file it but shall
present it to the commission at the next meeting.
3. The legislative commission shall
notify the director of the results of its review. If the commission does not
object to a regulation, the director shall accept the regulation as it was
submitted, promptly file the regulation with the secretary of state and notify
the agency of the filing. If the commission determines that the regulation does
not conform to statutory authority or carry out legislative intent, the
director shall attach to the regulation a written notice of its objection, including
a statement of the reasons for its objection, and shall return the regulation
to the agency.
4. The agency may revise the regulation
and return it to the legislative commission, or it may return the regulation,
with the notice of objection attached, without change. If the agency returns a
revised regulation to the commission, the director shall circulate it among the
members and, if there is no objection to the revision, he shall promptly file
the regulation with the secretary of state and notify the agency of the filing.
If any member of the commission objects to the revised regulation or if the
regulation is returned to the commission without change and the legislature is:
(a) In regular session, the director of the
legislative counsel bureau shall transmit the regulation, with the notice of
objection attached, to the president of the senate and the speaker of the
assembly for referral to the appropriate standing committee of each house of
the legislature.
(b) Not in regular session, the director shall
promptly file the regulation with the secretary of state and notify the agency
of the filing. On the first day of the next regular session of the legislature,
the director shall transmit the regulation together with the notice of
objection to the president of the senate and the speaker of the assembly for
such action as those bodies may determine to be proper.
5. The legislative commission may provide
for:
(a) Early review of regulations by the
commission, after the agency gives notice of its hearing on the regulation and
before the hearing is held, if the regulation which is adopted after the
hearing is identical to the regulation submitted for early review.
(b) A waiver of its review of a regulation in
cases of administrative convenience or necessity.
________
κ1979
Statutes of Nevada, Page 1359κ
CHAPTER 631, AB 365
Assembly Bill No.
365Committee on Environment and Public Resources
CHAPTER 631
AN ACT relating to fish and game; making
certain revisions to the schedule of fees for licenses, permits and tags; 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
502.240 is hereby amended to read as follows:
502.240 [Annual]
The department shall issue annual licenses and
limited permits: [shall
be issued:]
1. To any
citizen of the United States who has attained his 12th birthday but who has not
attained his 16th birthday and who has been a bona fide resident of the State
of Nevada for 6 months immediately preceding his application for a license,
upon the payment of $2 for an annual fishing or hunting license.
2. Except as provided in section 1 of [this
act,] Assembly Bill No. 558 of the 60th
session of the Nevada legislature, to any citizen of the United States
who has attained his 16th birthday and who has been a bona
fide resident of the State of Nevada for 6 months immediately preceding
his application for a license, upon the payment of:
For a fishing license................................................................................... $10.00
For a 10-day permit to fish........................................................................ 7.50
For a 3-day permit to fish.......................................................................... 5.00
For a hunting license....................................................................... [7.00] $10.00
For a trapping license...................................................................... [7.50] 10.00
For a fur dealers license........................................................................... 5.00
For an annual master guides
license...................................................... 100.00
For an annual subguides license............................................................ 50.00
3. To any alien or to any citizen of the
United States who has attained his 12th birthday but who has not attained his
16th birthday, not a bona fide resident of the State of Nevada, upon the
payment of $5 for an annual fishing license (except for a fishing license to
fish in the reciprocal waters of the Colorado River,
[and] Lake Mead [,] and Lake
Mohave, which annual license shall cost a sum agreed upon by the
commission and the Arizona Game and Fish Commission, but not to exceed [$10).] $20).
4. Except as provided in subsection 3, to
any alien or to any citizen of the United States, not a bona fide resident of
the State of Nevada, upon the payment of:
For a fishing
license (except for a fishing license to fish in the reciprocal waters of the
Colorado River, [and]
Lake Mead [,] and Lake Mohave, which license shall cost a sum agreed
upon by the commision and the Arizona Game and Fish Commission, but not to
exceed [$10)] $20)..................................... $20.00
For a 10-day permit to fish........................................................................ 10.00
For a 3-day permit to fish.......................................................................... 7.50
For a hunting license [$40.00] $50.00
κ1979
Statutes of Nevada, Page 1360 (CHAPTER 631, AB 365)κ
For a hunting license................................................................... [$40.00] $50.00
For an annual trappers license.................................................... [35.00] 50.00
For a fur dealers license........................................................................... 35.00
For an annual master guides
license...................................................... 200.00
For an annual subguides license............................................................ 100.00
5. To
any person, without regard to residence, upon the payment of:
For a noncommercial breeding ground................................................... $5.00
For a commercial or private
shooting preserve..................................... 35.00
For a commercial breeding ground.......................................................... 35.00
For a commercial fish hatchery................................................................ 35.00
For a private noncommercial fish
hatchery............................................ 5.00
For a trained animal act license................................................................ 10.00
For a live bait dealers permit................................................................... 50.00
For a competitive field trials
permit......................................................... 5.00
For a falconry license................................................................................ 15.00
For an importation permit.......................................................................... 2.00
For an import eligibility permit................................................................. 25.00
[For
a tropical fish dealers permit........................................................... 25.00]
For an
exportation permit....................................................................... 2.00
For a live bait seining and
transporting permit...................................... 2.00
Sec. 2. NRS
502.250 is hereby amended to read as follows:
502.250 1. The following
fees [shall be] are in effect:
Resident deer tag for regular
season...................................................... $5.00
Nonresident and alien deer tag for
regular season............................... 50.00
[Nonresident
and alien deer tag for hunting deer by bow and arrow 10.00]
Resident antelope tag................................................................................ 25.00
Resident elk tag.......................................................................................... 25.00
Resident bighorn tag................................................................................. 50.00
Resident mountain lion tag....................................................................... 10.00
Nonresident bighorn tag........................................................................... 250.00
Nonresident mountain lion tag................................................................ 100.00
2. Other resident big game tags for
special seasons [shall] must not exceed $50. Other nonresident big game tags
for special seasons [shall] must not exceed $250.
3. Tags determined to be necessary by the
commission for other species under NRS 502.130, [shall]
must not exceed $10.
4. A fee not to exceed $2 may be charged
for processing an application for tags for special seasons.
Sec. 3. Section
1 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979
Statutes of Nevada, Page 1361κ
CHAPTER 632, AB 366
Assembly Bill No.
366Committee on Commerce
CHAPTER 632
AN ACT relating to planning and zoning;
changing the scope of certain unlawful acts relating to the subdivision of land;
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
278 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
If any property in a
subdivision is offered for sale before a final map is recorded for that
subdivision, the seller or his agent shall disclose to any potential buyer that
the final map has not been recorded.
Sec. 2. NRS
278.590 is hereby amended to read as follows:
278.590 1. It is unlawful
for any person [to offer to sell,] to
contract to sell, to sell or to transfer any subdivision or any part thereof,
or land divided pursuant to a parcel map, until the final map or parcel map
thereof, in full compliance with the appropriate provisions of NRS 278.010 to
278.630, inclusive, and any local ordinance has been [duly]
recorded in the office of the recorder of the county in which any portion of
the subdivision or land divided is located.
2. A person who violates the provisions
of subsection 1 is guilty of a misdemeanor and is liable for a civil penalty of
not more than $300 for each lot or parcel [offered,]
sold or transferred.
3. This section does not bar any legal, equitable
or summary remedy to which any aggrieved municipality or other political
subdivision, or any person [, firm or corporation]
may otherwise be entitled, and any such municipality or other political
subdivision or person [, firm or corporation]
may file suit in the district court of the county in which any property
attempted to be divided or sold in violation of NRS 278.010 to 278.630,
inclusive, is located to restrain or enjoin any attempted or proposed division
or [sale] transfer
in violation of NRS 278.010 to 278.630, inclusive.
________
κ1979
Statutes of Nevada, Page 1362κ
CHAPTER 633, AB 413
Assembly Bill
No. 413Assemblymen Rhoads, Hayes, Mann, Marvel, Bergevin, Polish, Robinson,
Banner, Hickey, Horn, Brady, Dini, Glover, Chaney, Bennett, Tanner, Stewart,
FitzPatrick, Price, Prengaman, Fielding, Sena, Craddock, Barengo, Cavnar, May,
Getto, Bremner, Malone, Westall, Vergiels, Weise, Harmon, Rusk, Webb, Jeffrey
and Mello
CHAPTER 633
AN ACT relating to public lands; creating
a board of review; providing for state control of certain lands within the
state boundaries; providing penalties; making an appropriation; 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
321 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 9, inclusive, of this act.
Sec. 2. The legislature finds that:
1. The State of
Nevada has a strong moral claim upon the public land retained by the Federal
Government within Nevadas borders because:
(a) On October 31, 1864,
the Territory of Nevada was admitted to statehood on the condition that it
forever disclaim all right and title to unappropriated public land within its
boundaries;
(b) From 1850 to 1894,
newly admitted states received 2 sections of each township for the benefit of
common schools, which in Nevada amounted to 3.9 million acres;
(c) In 1880 Nevada agreed
to exchange its 3.9-million-acre school grant for 2 million acres of its own
selection from public land in Nevada held by the Federal Government;
(d) At the time the
exchange was deemed necessary because of an immediate need for public school revenues
and because the majority of the original federal land grant for common schools
remained unsurveyed and unsold;
(e) Unlike certain other
states, such as New Mexico, Nevada received no land grants from the Federal
Government when Nevada was a territory;
(f) Nevada received no
land grants for insane asylums, schools of mines, schools for the blind and
deaf and dumb, normal schools, miners hospitals or a governors residence as
did states such as New Mexico; and
(g) Nevada thus received
the least amount of land, 2,572,478 acres, and the smallest percentage of its
total area, 3.9 percent, of the land grant states in the far west admitted
after 1864, while states of comparable location and soil, namely Arizona, New
Mexico and Utah, received approximately 11 percent of their total area in
federal land grants.
2. The State of
Nevada has a legal claim to the public land retained by the Federal Government
within Nevadas borders because:
(a) In the case of the
State of Alabama, a renunciation of any claim to unappropriated lands similar
to that contained in the ordinance adopted by the Nevada constitutional
convention was held by the Supreme Court of the United States to be void and
inoperative because it denied to Alabama an
equal footing with the original states in Pollard v.
κ1979
Statutes of Nevada, Page 1363 (CHAPTER 633, AB 413)κ
it denied to Alabama an equal
footing with the original states in Pollard v. Hagan, 44 U.S. (3 How.) 212
(1845);
(b) The State of Texas,
when admitted to the Union in 1845, retained ownership of all unappropriated
land within its borders, setting a further precedent which inured to the
benefit of all states admitted later on an equal footing; and
(c) The Northwest
Ordinance of 1787, adopted into the Constitution of the United States by the
reference of Article VI to prior engagements of the Confederation, first
proclaimed the equal footing doctrine, and the treaty of Guadelupe Hidalgo,
by which the territory including Nevada was acquired from Mexico and which is
the supreme law of the land by virtue of Article VI, affirms it expressly as
to the new states to be organized therein.
3. The exercise of
broader control by the State of Nevada over the public lands within its borders
would be of great public benefit because:
(a) Federal holdings in
the State of Nevada constitute 86.7 percent of the area of the state, and in
Esmeralda, Lincoln, Mineral, Nye and White Pine counties the Federal Government
controls from 97 to 99 percent of the land;
(b) Federal jurisdiction
over the public domain is shared among 17 federal agencies or departments which
adds to problems of proper management of land and disrupts the normal
relationship between a state, its residents and its property;
(c) None of the federal
lands in Nevada are taxable and Federal Government activities are extensive and
create a tax burden for the private property owners of Nevada who must meet the
needs of children of Federal Government employees, as well as provide other
public services;
(d) Under general land
laws only 2.1 percent of federal lands in Nevada have moved from federal
control to private ownership;
(e) Federal
administration of the retained public lands, which are vital to the livestock
and mining industries of the state and essential to meet the recreational and
other various uses of its citizens, has been of uneven quality and sometimes
arbitrary and capricious; and
(f) Federal
administration of the retained public lands has not been consistent with the
public interest of the people of Nevada because the Federal Government has used
those lands for armament and nuclear testing thereby rendering many parts of
the land unusable and unsuited for other uses and endangering the public health
and welfare.
4. The intent of
the framers of the Constitution of the United States was to guarantee to each
of the states sovereignty over all matters within its boundaries except for
those powers specifically granted to the United States as agent of the states.
5. The attempted
imposition upon the State of Nevada by the Congress of the United States of a
requirement in the enabling act that Nevada disclaim all right and title to
the unappropriated public lands lying within said territory, as a condition
precedent to acceptance of Nevada into the Union, was an act beyond the power
of the Congress of the United States and is thus void.
6. The purported
right of ownership and control of the public lands within the State of Nevada by the United States is without
foundation and violates the clear intent of the Constitution of the United
States.
κ1979
Statutes of Nevada, Page 1364 (CHAPTER 633, AB 413)κ
within the State of Nevada by the
United States is without foundation and violates the clear intent of the
Constitution of the United States.
7. The exercise of
such dominion and control of the public lands within the State of Nevada by the
United States works a severe, continuous and debilitating hardship upon the
people of the State of Nevada.
Sec. 3. As used in sections 2 to 9, inclusive, of this act, unless the
context otherwise requires:
1. Division
means the division of state lands of the state department of conservation and
natural resources.
2. Public lands
means all lands within the exterior boundaries of the State of Nevada except
lands:
(a) To which title is
held by any private person or entity;
(b) To which title is
held by the State of Nevada, any of its local governments or the University of
Nevada System;
(c) Which are located
within congressionally authorized national parks, monuments, national forests
or wildlife refuges, or which are lands acquired by purchase consented to by
the legislature;
(d) Which are controlled
by the United States Department of Defense, Department of Energy or Bureau of
Reclamation; or
(e) Which are held in
trust for Indian purposes or are Indian reservations.
Sec. 3.5. 1. There is hereby created a board of
review composed of the:
(a) Director of the state
department of conservation and natural resources;
(b) Administrator of the
division of environmental protection of the state department of conservation
and natural resources;
(c) Administrator of the
division of mineral resources of the state department of conservation and
natural resources;
(d) Administrator of the
division of state parks of the state department of conservation and natural
resources;
(e) State engineer;
(f) State forester
firewarden;
(g) Chairman of the state
environmental commission;
(h) Director of the
department of energy; and
(i) Executive director of
the state department of agriculture.
2. The chairman of
the state environmental commission shall serve as chairman of the board.
3. The board shall
meet at such times and places as are specified by a call of the chairman. Five
members of the board constitute a quorum. The affirmative vote of a majority of
the board members present is sufficient for any action of the board.
4. Except as
provided in this subsection, the members of the board serve without
compensation. The chairman of the state environmental commission is entitled to
receive a salary of $40 for each days attendance at a meeting of the board and
the travel expenses and subsistence allowances provided by law for state
officers.
5. The board:
(a) Shall review and
approve or disapprove all regulations proposed by the state land registrar
under section 4 of this act.
(b) May review any
decision of the state land registrar made pursuant to sections 2 to 9, inclusive, of this act if an appeal is
taken pursuant to section 8.5 of this act, and affirm, modify or reverse the
decision.
κ1979
Statutes of Nevada, Page 1365 (CHAPTER 633, AB 413)κ
to sections 2 to 9, inclusive, of
this act if an appeal is taken pursuant to section 8.5 of this act, and affirm,
modify or reverse the decision.
Sec. 4. 1. The division shall hold the public
lands of the state in trust for the benefit of the people of the state and
shall manage them in an orderly and beneficial manner consistent with the
public policy declared in section 6 of this act.
2. The state land
registrar may with the approval of the board of review adopt regulations
necessary to manage the public lands in an orderly and beneficial manner and to
carry out the provisions of sections 2 to 9, inclusive, of this act and the
public trust created in those sections.
3. Except as
provided in this subsection, the state land registrar may contract for or
employ such professional and clerical personnel as are needed to carry out his
functions. Any contract for professional services must be approved by the state
board of examiners and any money necessary to compensate those persons must be
approved for expenditure by the legislature or the interim finance committee.
Sec. 5. 1. Subject to existing rights, all public lands
in Nevada and all minerals not previously appropriated are the property of the
State of Nevada and subject to its jurisdiction and control.
2. Until
equivalent measures are enacted by the State of Nevada, the rights and
privileges of the people of the State of Nevada under the National Forest
Reserve Transfer Act (16 U.S.C. §§ 471 et seq.), the General Mining Laws (30
U.S.C. §§ 21 et seq.), the Homestead Act (43 U.S.C. §§ 161 et seq.), the Taylor
Grazing Act (43 U.S.C. §§ 315 et seq.), the Desert Land Act (43 U.S.C. §§ 321
et seq.), the Carey Act (43 U.S.C. §§ 641 et seq.) and the Public Rangelands
Improvement Act (43 U.S.C. §§ 1901 et seq.) and all rights-of-way and easements
for public utilities must be preserved under administration by the state.
3. Public lands in
Nevada which have been administered by the United States under international
treaties or interstate compacts must continue to be administered by the state
in conformance with those treaties or compacts.
Sec. 6. The public lands of Nevada must be administered in such a
manner as to conserve and preserve natural resources, wildlife habitat,
wilderness areas, historical sites and artifacts, and to permit the development
of compatible public uses for recreation, agriculture, ranching, mining and
timber production and the development, production and transmission of energy
and other public utility services under principles of multiple use which
provide the greatest benefit to the people of Nevada.
Sec. 7. 1. Except as provided in subsection 2, no sale,
conveyance or other disposal of the public lands may be permitted or authorized
by the state land registrar, unless specifically authorized by an act of the
legislature enacted after July 1, 1979.
2. To the extent
that the public lands may be conveyed, leased, permitted, or licensed by the
Federal Government or any of its agencies, the state land registrar is hereby
authorized to convey, lease, license or permit the use of public lands to the
same extent or in the same manner as those lands are conveyed, leased,
licensed, or permitted to be used by the Federal Government or any of its
agencies.
3. All proceeds of
fees, rents, royalties or other money paid to the state
under sections 2 to 9, inclusive, of this act must be deposited with the state
treasurer for credit to the state general fund.
κ1979
Statutes of Nevada, Page 1366 (CHAPTER 633, AB 413)κ
state under sections 2 to 9,
inclusive, of this act must be deposited with the state treasurer for credit to
the state general fund.
Sec. 8. 1. Except as it is authorized pursuant to
section 5 of this act or except as it may be authorized by the state land
registrar pursuant to any authority conferred upon him by law, any sale, lease,
exchange, encumbrance or other disposal of any parcel of or any interest in the
public lands is void.
2. Any person who
intends to perform or who actually carries out any act with respect to the use,
management or disposal of any of the public lands under color of any statute,
ordinance, regulation, custom or usage of the United States or otherwise, shall
obtain written authorization from the state land registrar approving or
confirming any such act, which authorization shall be given only to the extent
it is authorized under the laws of this state.
3. Any person who
does not obtain written authorization from the state land registrar as required
by subsection 2 may be enjoined by the state land registrar from attempting to
perform or continuing to carry out any act respecting the use, management or
disposal of any of the public lands in any court of competent jurisdiction of
this state within whose jurisdiction any of the affected public lands are
located or the person resides.
4. Any person who
receives any money or other consideration for any purported sale or other
disposition of any public land which was made contrary to the provisions of
sections 2 to 9, inclusive, of this act is liable to the state for that money
or for the value of any other consideration. The money may be recovered in an
action brought by the state land registrar in a court of competent jurisdiction
of this state within whose jurisdiction any of the affected public lands are
located or the person resides.
Sec. 8.5. 1. Any person who is aggrieved by a decision of
the state land registrar made pursuant to sections 2 to 9, inclusive, of this
act may appeal by letter to the board of review within 30 days after the date
of the decision from which the appeal is taken. The letter must set out:
(a) The decision from
which the appeal is taken;
(b) Legal grounds for the
contention of the appellant that the decision exceeds the authority of the
state land registrar; and
(c) Facts to support the
contention,
with sufficient particularity to
permit the state land registrar to prepare for a hearing.
2. Upon receiving
the letter, the board may:
(a) Dismiss the appeal if
it appears from the letter to lack any merit; or
(b) Set a date for a
hearing of the appeal which must be not less than 15 days nor more than 45 days
after the date on which the board receives the letter. The board shall notify
the state land registrar and the appellant of the date, time and place of the
hearing.
3. Any hearing
held by the board must be informal.
4. The state land
registrar or his representative shall present at the hearing the facts
considered in reaching his decision. The appellant or his representative may
present matters in support of his contention that the state land registrars
decision exceeds his authority.
5. If the
appellant does not appear in person or by representative, the board may
consider the matters set forth in his letter of appeal and may dismiss the appeal or take
any other action which it finds to be reasonable and proper.
κ1979
Statutes of Nevada, Page 1367 (CHAPTER 633, AB 413)κ
dismiss the appeal or take any other
action which it finds to be reasonable and proper.
6. The board shall
issue its order as soon as practicable after conducting the hearing. The order
of the board is a final decision in a contested case.
Sec. 9. The attorney general may initiate or defend any action
commenced in any court to carry out or enforce the provisions of sections 2 to
9, inclusive, of this act or seek any appropriate judicial relief to protect
the interests of the state or the people of the state in the public lands. The
right to enforce the provisions of sections 2 to 9, inclusive, of this act
vests exclusively in the attorney general.
Sec. 10. 1. The
department of conservation and natural resources shall conduct an inventory and
a study of the public lands of Nevada to determine, in conjunction with the
respective boards of county commissioners and the planning commissions of the
several counties, the methods of management that will best satisfy the
requirements of section 6 of this act and establish a basis for determining the
best uses of the land.
2. The department of conservation and
natural resources shall submit a report of its findings and recommendations to
the 61st session of the legislature.
Sec. 11. There
is hereby appropriated to the interim finance committee from the state general
fund the sum of $250,000 for the biennium beginning July 1, 1979, and ending
June 30, 1981, for the support of the state land registrar and the division of
state lands of the state department of conservation and natural resources in
carrying out the purposes of this act, and for the attorney general for any
litigation arising out of this act. All costs of litigation incurred by the
attorney general in enforcing the provisions of this act are a charge upon the
appropriation made in this section.
________
CHAPTER 634, AB 416
Assembly Bill No.
416Committee on Judiciary
CHAPTER 634
AN ACT relating to coroners; providing
that sheriffs rather than justices of the peace are ex officio county coroners
in counties where the office of coroner has not been created by ordinance;
providing separately for coroners inquests; 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
4.340 is hereby amended to read as follows:
4.340 1. Whenever any
justice of the peace, in consequence of ill health, absence from his township,
or other cause, is prevented from attending to his official duties, he may
invite any other duly qualified justice of the peace of the same county to
attend to his official duties, including those of
registry agent.
κ1979
Statutes of Nevada, Page 1368 (CHAPTER 634, AB 416)κ
including those of registry agent. [and coroner.] If he does not invite such
a justice of the peace, the board of county commissioners may do so. A
temporary vacancy resulting from absence, disability or other cause shall not
be so filled for more than 30 days at any one time.
2. Where there is only one justice of the
peace in any county and he, in consequence of ill health, absence from his
township, or other cause, is prevented from attending to his official duties,
he may invite any other duly qualified justice of the peace of some other
county to attend to his official duties, including those of registry agent. [and coroner.]
If he does not invite such a justice of the peace, the board of county
commissioners may do so. A temporary vacancy resulting from absence, disability
or other cause [shall] must not be so filled for more than 30 days at any one
time.
3. A justice of the peace temporarily
acting in the place of another justice of the peace [shall
have] has no claim for services
rendered by him under this section against the county in which he may so
temporarily reside.
Sec. 2. NRS
259.010 is hereby amended to read as follows:
259.010 1. Every [township] county in
this state [is hereby made] constitutes a coroners district, except [in any] a county
where a coroner is appointed pursuant to the provisions of NRS 244.163.
2. The provisions of this chapter, except
NRS 259.150 to 259.180, inclusive, do not apply to any county where a coroner
is appointed pursuant to the provisions of NRS 244.163.
Sec. 3. NRS
259.020 is hereby amended to read as follows:
259.020 [All
justices of the peace] Except in any
county where a coroner is appointed pursuant to NRS 244.163, all sheriffs in
this state are [hereby made] ex
officio coroners.
Sec. 4. NRS
259.030 is hereby amended to read as follows:
259.030 [1.] The
coroner [shall have authority to perform all the
duties of a coroner within the township where he, as a justice of the peace,
resides. In a township where there is no qualified justice of the peace, or the
office of justice of the peace is vacant or the justice of the peace is absent
or unable to attend, the justice of the peace residing nearest to the place
where the services of a coroner are required, irrespective of the county or
township division, may perform the duties of coroner and shall have the same
authority in that township as in the township where he resides.
2. The county
where the services of the coroner are performed shall pay the travel and per
diem expenses as provided by law for the payment of county officers.]
is entitled to allowances for the expenses of any travel
and subsistence which he necessarily incurs in the performance of his duties.
Sec. 5. NRS
259.040 is hereby amended to read as follows:
259.040 1. All [justices of the peace as ex officio] coroners
may appoint a deputy or deputies, who [shall have
the power to] may transact such
official business [appertaining] pertaining to the offices as their principals [shall] direct. [Ex
officio coroners shall be] Coroners are responsible
for the compensation of the deputy or deputies, and [shall
be] are responsible on their official
bonds for all official malfeasance or nonfeasance of the [same.] deputy or
deputies.
κ1979
Statutes of Nevada, Page 1369 (CHAPTER 634, AB 416)κ
2. All appointments of deputies [shall] must be
made in writing [,] and [shall,] must, with
the oath of office, be filed in the office of the recorder of the county within
which the principal holds and exercises his office.
Sec. 6. NRS
259.050 is hereby amended to read as follows:
259.050 1. When a [justice of the peace, acting as] coroner
[,] or his deputy [,] is informed that a person has been
killed, has committed suicide or has suddenly died under such circumstances as
to afford reasonable ground to suspect that the death has been occasioned by
unnatural means, he shall [:
(a) Go to the place where
the body is and] make an appropriate investigation.
[(b) Proceed to
hold an inquest into the cause of death.]
2. In all
cases where it is apparent or can be reasonably inferred that the death may
have been caused by a criminal act, the [justice
of the peace, acting as] coroner [,]
or his deputy [,] shall notify the
district attorney [and the sheriff]
of the county where the inquiry is made, and the district attorney [and sheriff] shall make an investigation
with the assistance of the [justice of the peace,
acting as] coroner. If the sheriff is not
ex officio the coroner, the coroner shall also notify the sheriff, and the
district attorney and sheriff shall make the investigation with the assistance
of the coroner.
3. The holding of [an
inquest, as provided by this chapter,] a
coroners inquest is within the sound discretion of the district
attorney or district judge of the county. [, and such] An inquest
need not be conducted in any case of death manifestly occasioned by natural
cause, suicide, accident or when it is publicly known that the death was caused
by a person already in custody [. However,]
, but an inquest [shall]
must be held unless the district attorney or a district judge certifies that no inquest is required.
4. If an inquest is [held the justice of the peace, acting as coroner, or
his deputy, shall, in addition to notifying the district attorney and the
sheriff,] to be held, the district
attorney shall call upon a justice of the peace of the county to preside over
it. The justice of the peace shall summon three persons qualified by law
to serve as jurors, to appear before him forthwith at the place where the body
is or such other place within the county as may be designated by [the justice of the peace, acting as coroner, or his
deputy,] him to inquire into the
cause of death.
5. A single inquest may be held with
respect to more than one death, where all [of
such] the deaths were occasioned by
a common cause.
Sec. 7. NRS
259.060 is hereby amended to read as follows:
259.060 Every person summoned as a juror
who [shall fail] fails to appear without having a reasonable excuse,
shall forfeit [any] a sum, not exceeding $100, to be recovered by the [justice of the peace, acting as coroner, in his
official capacity,] district attorney, in
any court of competent jurisdiction, and paid by him into the county treasury.
Sec. 8. NRS
259.070 is hereby amended to read as follows:
259.070 When the jurors attend, they [shall] must be
sworn by the justice of the peace [, acting as
coroner, or his deputy,] to inquire who the person was, and when,
where and by what means he came to his death, and into
the circumstances attending his death, and to render a true verdict thereon
according to the evidence.
κ1979
Statutes of Nevada, Page 1370 (CHAPTER 634, AB 416)κ
his death, and into the circumstances attending his death,
and to render a true verdict thereon according to the evidence.
Sec. 8.5. NRS
259.080 is hereby amended to read as follows:
259.080 1. Jurors of
coroners juries (with not more than 3 persons upon the jury) [shall be] are entitled
to receive for each days service $6, to be certified to the county clerk by
the [coroner,] justice of the peace, and audited, allowed and paid as
are other claims against the county.
2. When it is necessary for a coroners
jury to travel a greater distance than 1 mile to view the remains, or to the
place where the inquisition is to be held, the necessary and actual expenses
incurred [by the coroner] for the
transportation of the jury shall be allowed, audited and paid as are other
claims against the county, after having been duly certified to by the [coroner.] justice
of the peace.
Sec. 9. NRS
259.090 is hereby amended to read as follows:
259.090 1. The justice of
the peace [, acting as coroner,] may
issue subpenas for witnesses, returnable as he may direct, and served by [himself or] such person as he may
direct.
2. He must summon and examine as
witnesses every person who, in his opinion or that of any of the jurors, has
any knowledge of the facts, and he many summon a qualified surgeon or physician
to inspect the body, or hold a post mortem examination thereon, or a chemist to
make an analysis of the stomach or the tissues of the deceased and give a
professional opinion as to the cause of the death.
3. The coroner may adjourn the inquest
from time to time as may be necessary.
Sec. 10. NRS
259.100 is hereby amended to read as follows:
259.100 Any witness failing to obey the
subpena of the justice of the peace [, acting as
coroner,] may be attached and fined for contempt [of such jury,] in like manner as in a
justices court.
Sec. 11. NRS
259.120 is hereby amended to read as follows:
259.120 The testimony at such an inquest [shall]
must be reduced to writing [by] in such
manner as the justice of the peace [,
acting as coroner, or as he] may direct, and filed by him, without delay, [filed]
in the office of the clerk of the district court of the county.
Sec. 12. NRS
259.130 is hereby amended to read as follows:
259.130 If the jury [find] finds that
the dead person was killed by another person under circumstances not excusable or justifiable
in law, and [the party committing the act be]
that the person who committed the act is not in
custody, the justice of the peace [, acting as
coroner,] shall issue a warrant signed by him, with his name of
office, for the arrest of the accused.
Sec. 13. NRS
259.140 is hereby amended to read as follows:
259.140 The warrant of the justice of the
peace [, acting as coroner,] may be
served in any county of the state, and [returned by] the officer serving such a warrant may return it before a magistrate of the
county in which it is issued. The officer receiving such a warrant [shall have]
has the same power under the warrant as he would have by virtue of a warrant from any court or
magistrate of this state.
Sec. 14. (Deleted
by amendment.)
Sec. 15. NRS
259.200 is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 1371 (CHAPTER 634, AB 416)κ
259.200 1. [The fees of the justice of the peace, acting as
coroner, shall be as follows:
For all services in summoning a jury of inquest.................................... $3.00
For swearing a jury.................................................................................... .50
For issuing a warrant of arrest................................................................. .75
For issuing a subpena to each witness.................................................. .20
For each mile necessarily traveled in conducting an investigation
or inquest into the cause of death and in going to and returning from the
presence of the dead body, regardless of the type or ownership of the
conveyance employed and the number of persons conveyed............................................................ .15
For swearing each witness....................................................................... .20
For taking down testimony, or causing the same to be taken
under his direction, per folio .............................................................................................. .20
For] A justice of the
peace is entitled, for each day necessarily employed in holding an
inquest [or conducting an investigation in
connection therewith $10.00]
, to a fee of $15.
2. [A
justice of the peace, acting as ex officio coroner, while acting as sheriff,
shall be allowed the same fees as are allowed to sheriffs for similar services
for all services rendered by him.
3. All fees shall]
This fee must be paid out of the county treasury
as other demands [.] against the county are paid.
Sec. 16. NRS
244.163 is hereby amended to read as follows:
244.163 1. The boards of
county commissioners [shall have the power and
jurisdiction] in their respective counties [to] may create
by ordinance the office of county coroner, [to]
prescribe his qualifications and duties and [to]
make appointments to [such] the office.
2. Any coroner so appointed [shall be] is governed
by the ordinances pertaining to such office which may be enacted by the board
of county commissioners, and the provisions of NRS [259.020
to 259.140, inclusive, and 259.190 to 259.240, inclusive, shall not be
applicable.] 259.150 to 259.180,
inclusive.
3. The boards of county commissioners
shall require that the county coroner notify a decedents next of kin without
unreasonable delay.
4. For any offense relating to the
violation or willful disregard of such duties or trusts of office as may be
specified by the respective boards of county commissioners, all coroners
holding office by appointment pursuant to this section [shall
be] are subject to such fines and
criminal penalties, including misdemeanor penalties and removal from office by
indictment, accusation or otherwise, as [shall be
prescribed by] the [aforesaid]
ordinance [.] prescribes. This subsection [shall
apply] applies to all deputies,
agents, employees and other persons employed by or exercising the powers and
functions of the coroner.
Sec. 17. NRS
259.190, 259.210, 259.220, 259.230 and 259.240 are hereby repealed.
________
κ1979
Statutes of Nevada, Page 1372κ
CHAPTER 635, AB 426
Assembly Bill No.
426Committee on Government Affairs
CHAPTER 635
AN ACT relating to local government budgets; extending
the time for the preparation of those budgets; 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
354.596 is hereby amended to read as follows:
354.596 1. On or before [February 20] March
15 of each year, the officer charged by law shall prepare, or the
governing body shall cause to be prepared, on appropriate forms prescribed by
the department of taxation for the use of local governments, a tentative budget
for the ensuing fiscal year. The tentative budget [shall]
must be filed for public record and inspection in
the office of:
(a) The clerk or secretary of the governing
body; and
(b) The county clerk.
2. At the time of filing the tentative
budget, the governing body shall give notice of the time and place of a public
hearing on the tentative budget and shall cause a notice of [such] the hearing
to be published once in a newspaper of general circulation within the area of
the local government not more than 14 nor less than 7 days [prior to] before the
date set for [such] the hearing. The notice of public hearing [shall] must state:
(a) The time and place of the public hearing.
(b) That a tentative budget has been prepared in
such detail and on appropriate forms as prescribed by the department of
taxation.
(c) The places where copies of the tentative
budget are on file and available for public inspection.
3. Budget hearings [shall] must be
held:
(a) For county budgets, on the [4th Monday in March;] 3rd Monday in April;
(b) For cities, on the [4th
Tuesday in March;] 3rd Tuesday in April;
(c) For school districts, on the [4th Wednesday in March;] 3rd Wednesday in April; and
(d) For all other local governments, on the [4th Thursday in March,] 3rd Thursday in April; except that the board of county
commissioners may consolidate the hearing on all local government budgets
administered by the board of county commissioners with the county budget
hearing.
4. On or before [February
20,] March 15, a copy of the
tentative budget and notice of public hearing [shall]
must be submitted:
(a) To the department of taxation; and also
(b) In the case of school districts, to the
state department of education.
5. The department of taxation shall
examine the submitted documents for compliance with law and with appropriate
regulations and shall submit to the governing body at least 3 days [prior to] before the
public hearing a written certificate of compliance or a written notice of lack
of compliance. The written notice [shall]
must indicate the manner in which the submitted
documents fail to comply with law or appropriate regulations.
κ1979
Statutes of Nevada, Page 1373 (CHAPTER 635, AB 426)κ
regulations. [The notice or
certificate shall be read at the public hearing.]
6. Whenever
the governing body receives from the department of taxation a notice of lack of
compliance, the governing body shall forthwith proceed to amend the tentative
budget to effect compliance with the law and with the appropriate regulation.
Sec. 2. NRS
354.598 is hereby amended to read as follows:
354.598 1. At the time and
place advertised for public hearing, or at any time and place to which [such] the public
hearing is from time to time adjourned, the governing body shall hold a public
hearing on the tentative budget, at which time interested persons shall be
given an opportunity to be heard.
2. At the public hearing, the governing
body shall indicate changes, if any, to be made in the tentative budget, and
shall adopt a final budget by the favorable votes of a majority of all members
of the governing body. The final budget [shall]
must be adopted on or before [April 10] May 1 of
each year.
Should the governing body fail to adopt a final budget that
complies with the requirements of law and the regulations of the department of
taxation on or before the required date, the budget adopted and approved by the
department of taxation for the current year, adjusted as to content and rate in
such manner as the department of taxation may consider necessary, [shall automatically become] automatically becomes the budget for the ensuing fiscal
year. When a budget has been so adopted by default, the governing body may not
reconsider [such] the budget without the express approval of the
department of taxation. If such a default budget creates a combined ad valorem
tax rate in excess of the constitutional limit, the Nevada tax commission shall
adjust [such] the budget as provided in NRS 361.455.
3. The final budget [shall] must be
certified by a majority of all members of the governing body and a copy [thereof,] of it, together
with an affidavit of proof of publication of the notice of the public hearing, [shall] must be
transmitted to the Nevada tax commission. If a tentative budget is adopted by
default as provided in subsection 2, the clerk of the governing body shall
certify the budget and transmit to the Nevada tax commission a copy of the
budget, together with an affidavit of proof of the notice of the public
hearing, if [such] that notice was published. Certified copies of the
final budget [shall] must be distributed as determined by the department of
taxation.
4. Upon the adoption of the final budget
or the amendment of the budget in accordance with NRS 354.606, the several
amounts stated [therein] in it as proposed expenditures [shall
be and become] are appropriated for
the purposes indicated in the budget.
5. No governing body [shall] may adopt
any budget which appropriates for any fund any amount in excess of the budget
resources of that fund.
Sec. 3. NRS
288.180 is hereby amended to read as follows:
288.180 1. Whenever an
employee organization desires to negotiate concerning any matter which is
subject to negotiation pursuant to this chapter, it shall give written notice
of [such] that
desire to the local government employer. If the subject of negotiation
requires the budgeting of money by the local government
employer, the employee organization shall give notice on or before [January
15.]
κ1979
Statutes of Nevada, Page 1374 (CHAPTER 635, AB 426)κ
money by the local government employer, the employee
organization shall give notice on or before [January
15.] February 1.
2. Following the notification provided
for in subsection 1, the employee organization or the local government employer
may request reasonable information concerning any subject matter included in
the scope of mandatory bargaining which it deems necessary for and relevant to
the negotiations. The information requested [shall]
must be furnished without unnecessary delay. The
information [shall] must be accurate, and [shall]
must be presented in a form responsive to the
request and in the format in which the records containing it are ordinarily
kept.
3. This section does not preclude, but
this chapter does not require, informal discussion between an employee
organization and a local government employer of any matter which is not subject
to negotiation or contract under this chapter. Any such informal discussion is
exempt from all requirements of notice or time schedule.
Sec. 4. NRS
288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS
288.205 and 288.215 apply:
1. If by April [1,]
25, the parties have not reached agreement,
either party, at any time up to May [1,]
25, may submit the dispute to an impartial
factfinder for his findings and recommendations. These findings and
recommendations are not binding on the parties except as provided in
subsections 5, 6 and 9.
2. If the parties are unable to agree on
an impartial factfinder within 5 days, either party may request from the
American Arbitration Association or the Federal Mediation and Conciliation
Service a list of seven potential factfinders. If the parties are unable to
agree upon which arbitration service should be used, the Federal Mediation and
Conciliation Service must be used. The parties shall select their factfinder
from this list by alternately striking one name until the name of only one
factfinder remains, who will be the factfinder to hear the dispute in question.
The employee organization shall strike the first name.
3. The local government employer and
employee organization each shall pay one-half of the cost of factfinding. Each
party shall pay its own costs of preparation and presentation of its case in
factfinding.
4. A schedule of dates and times for the
hearing must be established before June [5.]
15. The factfinder shall report his findings and
recommendations to the parties to the dispute within 30 days after the
conclusion of the factfinding hearing.
5. The parties to the dispute may agree,
before the submission of the dispute to factfinding, to make the findings and
recommendations on all or any specified issues final and binding on the
parties.
6. If the parties do not agree to make
the findings and recommendations of the factfinder final and binding, the
governor has the emergency power and authority, at the request of either party
and before the submission of the dispute to factfinding, to order before [May 1,] June 1, that
the findings and recommendations of a factfinder on all or any specified issues
in a particular dispute which are within the scope of subsection 9 be final and
binding. In a regular legislative year, in cases involving school districts,
the governor may exercise his authority under this subsection within 10 days
after the adjournment of the legislature sine die. The governor shall exercise
this authority on a case by case consideration and on the
basis of his evaluation regarding the best interests of the state and all its
citizens, the potential fiscal effect both within and outside the political
subdivision, and any danger to the safety to the people of the state or a
political subdivision.
κ1979
Statutes of Nevada, Page 1375 (CHAPTER 635, AB 426)κ
on the basis of his evaluation regarding the best interests
of the state and all its citizens, the potential fiscal effect both within and
outside the political subdivision, and any danger to the safety to the people
of the state or a political subdivision.
7. Except as provided in subsection 8,
any factfinder, whether his recommendations are to be binding or not, shall
base his recommendations or award on the following criteria:
(a) A preliminary determination must be made as
to the financial ability of the local government employer based on all existing
available revenues as established by the local government employer, and with
due regard for the obligation of the local government employer to provide
facilities and services guaranteeing the health, welfare and safety of the
people residing within the political subdivision.
(b) Once the factfinder has determined in
accordance with paragraph (a) that there is a current financial ability to
grant monetary benefits, he shall use normal criteria for interest disputes
regarding the terms and provisions to be included in an agreement in assessing
the reasonableness of the position of each party as to each issue in dispute.
The factfinders report must contain the facts upon which he
based his recommendations or award.
8. Any reasonable and adequate sum of
money necessary to insure against the risk undertaken which is maintained in a
self-insurance reserve or fund must not be counted in determining the financial
ability of a local government employer and must not be used to pay any monetary
benefits recommended or awarded by the factfinder.
9. The issues which may be included in
the governors order pursuant to subsection 6 are:
(a) Those enumerated in subsection 2 of NRS
288.150 as the subjects of mandatory bargaining, unless precluded for that year
by an existing collective bargaining agreement between the parties; and
(b) Those which an existing collective
bargaining agreement between the parties makes subject to negotiation in that
year.
This subsection does not preclude the voluntary submission
of other issues by the parties pursuant to subsection 5.
Sec. 5. NRS
288.205 is hereby amended to read as follows:
288.205 In the case of an employee
organization and a local government employer to which NRS 288.215 applies, the
following departures from the provisions of NRS 288.200 also apply:
1. If the parties have not reached
agreement by [March 15,] April 10, either party may submit the dispute to an
impartial factfinder at any time for his findings.
2. In a regular legislative year, the
factfinding hearing [shall] must be stayed up to 20 days after the adjournment of
the legislature sine die.
3. Any time limit prescribed by this
section or NRS 288.200 may be extended by agreement of the parties.
Sec. 6. NRS
361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the
approval of the final budgets for the various local governments as defined in
NRS 354.474 and their submission to the department, for examination and
approval, the Nevada tax commission shall certify to the board of county
commissioners of each of the several counties the combined tax rate necessary
to produce the amount of revenue required by the approved
budgets, and shall certify [such] that combined rate, to each of the boards of
county commissioners.
κ1979
Statutes of Nevada, Page 1376 (CHAPTER 635, AB 426)κ
amount of revenue required by the approved budgets, and
shall certify [such] that combined rate, to each of the boards of county
commissioners.
2. Immediately upon adoption of the final
budgets, if the combined tax rate together with the established state tax rate
exceeds the constitutional tax rate limit, the chairman of the board of county
commissioners in each county concerned shall call a meeting of the governing
boards of each of the local governments within [such]
the county for the purpose of establishing a
combined tax rate that conforms to the constitutional limitations. The chairman
shall convene the meeting no later than [April 14]
May 5 of each year.
3. The governing boards of the local
governments shall meet in public session and the county clerk shall keep
appropriate records, pursuant to regulations of the department, of all
proceedings. The costs of taking and preparing the record of the proceedings,
including the costs of transcribing and summarizing tape recordings, shall be
borne by the county and participating incorporated cities in proportion to the
final tax rate as certified by the department. The chairman of the board of
county commissioners or his designee shall preside at [such]
the meeting. The governing boards shall explore
areas of mutual concern so as to agree upon a combined tax rate that does not
exceed the constitutional limit. That portion of the proposed tax rate of the
county school district for the operation and maintenance of public schools
composed of the mandatory tax levy specified in paragraph (a) of subsection 2
of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph
(b) of subsection 2 of NRS 387.195 may not be reduced by action of the
governing boards in order to establish a combined tax rate conforming to
constitutional limitations; but that portion of the proposed tax rate of the
county school district specified for debt service requirements pursuant to
paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by
action of the governing boards pursuant to this section.
4. The governing boards shall determine
final decisions by a unanimous vote of all entities present and qualified to
vote, as defined in this subsection. No ballot may be cast on behalf of any
governing board unless a majority of [such]
the individual board is present. A majority vote
of all members of each governing board is necessary to determine the ballot
cast for that entity. All ballots must be cast not later than the day following
the day the meeting is convened. The district attorney shall be the legal
advisor for such proceedings.
5. The county clerk shall immediately
thereafter advise the department of the results of the ballots cast and the tax
rates set for local governments concerned. If the ballots for the entities
present at the meeting in [such] the county are not unanimous, the county clerk shall
transmit all records of the proceedings to the department within 5 days after
the meeting.
6. If a unanimous vote is not obtained
and the combined rate in any county together with the established state tax
rate exceeds the constitutional tax rate limit, the department shall examine
the record of the discussions and the budgets of all local governments
concerned. On May [1] 25 or, if May [1] 25 falls on a
Saturday or Sunday, on the Monday next following, the Nevada tax commission
shall meet to set the tax rates for the next succeeding year for all local
governments so examined.
κ1979
Statutes of Nevada, Page 1377 (CHAPTER 635, AB 426)κ
[1] 25 or, if May [1]
25 falls on a Saturday or Sunday, on the Monday
next following, the Nevada tax commission shall meet to set the tax rates for
the next succeeding year for all local governments so examined. In setting [such] the tax
rates for the next succeeding year the Nevada tax commission shall not reduce
that portion of the proposed tax rate of the county school district for the
operation and maintenance of public schools composed of the mandatory tax levy
specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended
tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195.
7. Any local government affected by a
rate adjustment, made in accordance with the provisions of this section, which
necessitates a budget revision shall file a copy of its revised budget by June
30 next after the approval and certification of the rate by the Nevada tax
commission.
8. A copy of the certificate of the
Nevada tax commission sent to the board of county commissioners shall be
forwarded to the county auditor.
Sec. 7. NRS
361.483 is hereby amended to read as follows:
361.483 1. [Taxes] Except as
provided in subsection 4, taxes assessed upon the real property tax roll
and upon mobile homes as defined in NRS 361.561 are due and payable on the 1st
Monday of July.
2. Taxes assessed upon the real property
tax roll may be paid in four equal installments.
3. In any county having a population of
100,000 or more, taxes assessed upon a mobile home may be paid in four equal
installments if the taxes assessed exceed $100.
4. If a person elects to pay in quarterly
installments, the first installment is due and payable on the [1st] 3rd Monday
of July, the second installment on the 1st Monday of October, the third
installment on the 1st Monday of January, and the fourth installment on the 1st
Monday of March.
5. If any person charged with taxes which
are a lien on real property fails to pay:
(a) Any one quarter of such taxes on or within
10 days following the day such taxes become due and payable, there shall be
added thereto a penalty of 4 percent.
(b) Any two quarters of such taxes, together
with accumulated penalties, on or within 10 days following the day the later of
such quarters of taxes becomes due, there shall be added thereto a penalty of 5
percent of the two quarters due.
(c) Any three quarters of such taxes, together
with accumulated penalties, on or within 10 days following the day the latest
of such quarters of taxes becomes due, there shall be added thereto a penalty
of 6 percent of the three quarters due.
(d) The full amount of such taxes, together with
accumulated penalties, on or within 10 days following the 1st Monday of March,
there shall be added thereto a penalty of 7 percent of the full amount of such
taxes.
6. Any person charged with taxes which
are a lien on a mobile home as defined in NRS 361.561,
who fails to pay the taxes within 10 days after the quarterly payment is due is
subject to the following provisions:
κ1979
Statutes of Nevada, Page 1378 (CHAPTER 635, AB 426)κ
as defined in NRS 361.561, who fails to pay the taxes within
10 days after the quarterly payment is due is subject to the following
provisions:
(a) The entire amount of the taxes are due and
payable;
(b) A penalty of 10 percent of the taxes due and
payable;
(c) An additional penalty of $3 per month or any
portion thereof, until the taxes are paid; and
(d) The county assessor may proceed under NRS
361.535.
7. Population is determined by the last
preceding national census of the Bureau of the Census of the United States
Department of Commerce.
Sec. 8. Section
87 of Senate Bill No. 72 of the 60th session of the Nevada legislature is
hereby amended to read as follows:
Sec. 87. NRS
361.483 is hereby amended to read as follows:
361.483 1. Except
as provided in subsection 4, taxes assessed upon the real property tax roll and
upon mobile homes as defined in NRS 361.561 are due and payable on the 1st
Monday of July.
2. Taxes
assessed upon the real property tax roll may be paid in four equal
installments.
3. In any
county having a population of 100,000 or more, taxes assessed upon a mobile
home may be paid in four equal installments if the taxes assessed exceed $100.
4. If a person
elects to pay in quarterly installments, the first installment is due and
payable on the 3rd Monday of July, the second installment on the 1st Monday of
October, the third installment on the 1st Monday of January, and the fourth
installment on the 1st Monday of March.
5. If any
person charged with taxes which are a lien on real property fails to pay:
(a) Any one quarter of
such taxes on or within 10 days following the day such taxes become due and
payable, there shall be added thereto a penalty of 4 percent.
(b) Any two quarters
of such taxes, together with accumulated penalties, on or within 10 days
following the day the later of such quarters of taxes becomes due, there shall
be added thereto a penalty of 5 percent of the two quarters due.
(c) Any three quarters
of such taxes, together with accumulated penalties, on or within 10 days
following the day the latest of such quarters of taxes becomes due, there shall
be added thereto a penalty of 6 percent of the three quarters due.
(d) The full amount of
such taxes, together with accumulated penalties, on or within 10 days following
the 1st Monday of March, there shall be added thereto a penalty of 7 percent of
the full amount of such taxes.
6. Any person
charged with taxes which are a lien on a mobile home as defined in NRS 361.561,
who fails to pay the taxes within 10 days after the quarterly payment is due is
subject to the following provisions:
(a) The entire amount
of the taxes are due and payable;
(b) A penalty of 10
percent of the taxes due and payable;
(c) An additional
penalty of $3 per month or any portion thereof, until the taxes are paid; and
κ1979
Statutes of Nevada, Page 1379 (CHAPTER 635, AB 426)κ
(d) The county
assessor may proceed under NRS 361.535.
[7. Population
is determined by the last preceding national census of the Bureau of the Census
of the United States Department of Commerce.]
Sec. 9. Section
4 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
CHAPTER 636, AB 436
Assembly Bill No.
436Assemblymen Mann, Sena, Polish and Chaney
CHAPTER 636
AN ACT relating to prisons; providing for
the establishment of programs of research, statistics and planning to review
the effectiveness of programs for the rehabilitation of offenders; provide
information on the programs and effect appropriate changes therein; 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. Section
1 of chapter 208, Statutes of Nevada 1979, is hereby amended to read as
follows:
Section 1. Chapter
209 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. The board
shall establish by regulation programs of general education, [and] vocational
training and other rehabilitation for offenders.
2. The
regulations must take appropriate account of the following matters:
(a) The educational
level and needs of offenders;
(b) Opportunities for
employment in free society;
(c) Interests of
offenders; and
(d) The number of
offenders desiring participation in such programs.
3. The
regulations must provide for an assessment of these programs at least every 3
years by qualified persons, professional groups or trade associations.
Sec. 2. Section
2 of chapter 208, Statutes of Nevada 1979, is hereby amended to read as
follows:
Sec. 2. NRS
209.391 is hereby amended to read as follows:
209.391 The
director shall:
1. Establish
programs to provide medical, psychological, psychiatric and other appropriate
forms of counseling to offenders under the jurisdiction of the department, in
accordance with classification requirements.
2. Administer [educational and vocational programs and training,
established by the board, directed toward the eventual release of the offender to the community as a productive,
law-abiding citizen.]
κ1979
Statutes of Nevada, Page 1380 (CHAPTER 636, AB 436)κ
release of
the offender to the community as a productive, law-abiding citizen.]
programs of general education, vocational training and
other rehabilitation for offenders established by the board.
3. Within
the limits of legislative appropriations, establish programs of research,
statistics and planning to:
(a) Determine
and periodically review the effectiveness of the departments programs of
education, vocational training and other rehabilitation for offenders;
(b) Provide
annually, and at other times when so requested, to the board, the governor and
the legislature information pertaining to:
(1) The number of offenders who are participating in and
who complete those programs;
(2) The
effectiveness of those programs in accomplishing their purposes;
(3) The
number of offenders who are returned to prison after their release; and
(c) Effect
appropriate changes in the programs established by the board.
Sec. 3. NRS
209.461 is hereby amended to read as follows:
209.461 1. [The director, with the approval of the board, shall
establish and carry out a program for vocational training and employment of
offenders in services and manufacturing conducted by institutions of the
department or by private employers.] The director shall:
(a) To the greatest extent possible, establish
facilities which approximate the normal conditions of training and employment
in the community.
(b) To the extent practicable, require each
offender, except those whose behavior is found by the director to preclude
participation, to spend 40 hours each week in vocational training or
employment, unless excused for a medical reason.
(c) Use the earnings from services and
manufacturing conducted by the institutions and the money paid by private
employers who employ the offenders or lease space or facilities within the
institutions to offset the costs of operating the prison system and to provide
wages for the offenders being trained or employed. The director may first
deduct from the wages of any offender such amounts as the director deems
reasonable to meet any existing obligation of the offender for the support of
his family or restitution to any victim of his crime.
2. The director, with the approval of the
board, may:
(a) Equip and operate facilities for services
and manufacturing by offenders.
(b) Employ craftsmen and other personnel to
supervise and instruct offenders.
(c) Contract with government agencies and
private employers for employment of offenders.
(d) Lease spaces and facilities within any
institution of the department to private employers to be used for the
vocational training and employment of offenders.
κ1979
Statutes of Nevada, Page 1381 (CHAPTER 636, AB 436)κ
(e) Contract for the use of offenders services
and for the sale of goods manufactured by offenders.
(f) Grant to reliable offenders the privilege of
leaving institutions of the department at certain times for the purpose of
vocational training or employment.
Sec. 4. Chapter
209 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
The director, with the approval
of the board, shall establish and carry out a program for the employment of
offenders in services and manufacturing conducted by institutions of the
department or by private employers.
Sec. 5. This
act shall become effective at 12:01 a.m. on July 1, 1979.
________
CHAPTER 637, AB 439
Assembly Bill No.
439Committee on Taxation
CHAPTER 637
AN ACT relating to boxing and wrestling;
revising certain fees for promoters; abolishing the Nevada athletic commission
fund; adding requirements for regulation of ring officials and employees of the
commission; increasing 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. NRS
467.030 is hereby amended to read as follows:
467.030 1. The members of
the commission shall elect one of their number as chairman of the commission.
2. The commission may purchase and use a
seal.
3. The commission may [make rules] adopt
regulations for the administration of this chapter. [not inconsistent with
the provisions of this chapter as it deems expedient. The commission may
thereafter amend and revoke its rules, and from time to time may make new
rules. Such rules shall include but not be limited to:] The regulations must include:
(a) Number and
qualifications of ring officials required at any exhibition or contest.
(b) Requirements that
fingerprints be obtained and criminal records be investigated for all ring
officials and employees of the commission.
[(b)] (c) Powers, duties and compensation of ring
officials.
[(c)] (d) Qualifications of licensees.
4. The commission shall prepare all forms
of contracts between sponsors, licensees, promoters and contestants.
[5. Any
necessary expenses of preparing contracts, regulations and other rules of the
commission shall be paid from the license fees as provided in this chapter.]
Sec. 2. NRS
467.040 is hereby amended to read as follows:
467.040 1. The commission
may employ an executive secretary, who [shall] must not
be a member of the commission.
κ1979
Statutes of Nevada, Page 1382 (CHAPTER 637, AB 439)κ
who [shall] must not be a member of the commission. [, and may serve as a
full-time employee.]
2. [There is hereby created in the state treasury a
special fund designated as the Nevada athletic commission fund.] All
[moneys] money
received by the executive secretary or the commission pursuant to the
provisions of this chapter [shall be paid into such
fund and shall be expended solely for the enforcement of the provisions of this
chapter.] must be deposited with the state
treasurer for credit to the state general fund.
Sec. 3. NRS
467.060 is hereby amended to read as follows:
467.060 [1.] Members
of the commission, its inspectors and its executive secretary, when authorized
by the chairman, [shall be] are entitled to receive [necessary
traveling expenses in the transaction of the business of the commission. Such
expenses shall include] traveling expenses and subsistence
allowances while engaged in the transaction of business in
the amount provided by law for the other state officers and employees.
[2. No
authority shall be granted by the chairman for any travel unless funds are
available in the Nevada athletic commission fund with which to pay the expenses
incurred.]
Sec. 4. NRS
467.107 is hereby amended to read as follows:
467.107 1. In addition to
the payment of any other fees and [moneys]
money due under this chapter, every promoter
shall pay [an additional] a license fee of [4]
:
(a) Four percent
of the total gross receipts from admission fees to the
live exhibition of any boxing contest, wrestling match
or exhibition, or combination of [such]
those events, exclusive of any federal tax or tax
imposed by any political subdivision of this state; [. The license fee shall apply uniformly at the same
rate to all promoters or clubs subject to it.] and
(b) Three percent of the
first $1,000,000, and 1 percent of the next $2,000,000, of the total gross
receipts from the sale, lease or other exploitation of broadcasting, television
and motion picture rights for that contest, match or exhibition,
without any deductions for
commissions, brokerage fees, distribution fees, advertising, contestants purses
or any other expenses or any other charges.
2. [For the
purposes of this section, total gross receipts of every promoter shall include:
(a) The gross price
charged for the sale, lease or other exploitation of broadcasting, television
or motion picture rights of such contest or exhibition without any deductions
for commissions, brokerage fees, distribution fees, advertising or other
expenses or charges.
(b) The face value of all
tickets sold and complimentary tickets issued.
(c) Any sums received as
consideration for holding a boxing contest, wrestling exhibition or combination
of such events at a particular location.] The
commission shall adopt regulations:
(a) Requiring that the
number and face value of all complimentary tickets be reported.
(b) Governing the
treatment of complimentary tickets for purposes of
computing gross receipts from admission fees under paragraph (a) of subsection
1.
κ1979
Statutes of Nevada, Page 1383 (CHAPTER 637, AB 439)κ
of computing gross receipts from
admission fees under paragraph (a) of subsection 1.
Sec. 5. NRS
467.109 is hereby amended to read as follows:
467.109 1. [Any person licensed under this chapter] Every promoter shall, within 72 hours after the
completion of any contest, match or exhibition for which an admission fee is
charged and received, furnish to the commission a written report, duly verified, [by one of its
officers,] showing:
(a) The number of tickets sold and issued or
sold or issued for such contest, match or exhibition;
(b) The amount of the [gross
receipts or value thereof;
(c) The amount of gross]
:
(1) Gross receipts
from admission fees; and
(2) Gross receipts
derived from the sale, lease or other exploitation of broadcasting, motion
picture and television rights of such contest, match or exhibition, [and]
without any deductions for commissions, brokerage fees,
distribution fees, advertising, contestants purses or
any other expenses or charges; and
[(d)] (c) Such other matters as the commission may
prescribe.
2. Such promoter [or
club] shall [also] at
the same time pay to the commission the license fee described in NRS 467.107.
Sec. 6. NRS
467.135 is hereby amended to read as follows:
467.135 1. The commission,
its executive secretary or any other employee authorized by the commission is
empowered to order the promoter to withhold any part of a purse or other [funds] money belonging
or payable to any contestant, manager or second if, in the judgment of the
commission or its secretary or employee, the contestant is not competing
honestly or to the best of his skill and ability or if the manager or seconds
have violated any of the provisions of this chapter or the [rules and] regulations promulgated
thereunder.
2. This section does not apply to any
contestant in a wrestling exhibition who appears not to be competing honestly
or to the best of his skill and ability.
3. Upon the withholding of any part of a
purse or other [funds] money pursuant to this section, the commission shall
immediately schedule a hearing on the matter, provide adequate notice to all
interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant,
manager or second is not entitled to any part of his share of the purse or
other [funds,] money, the promoter shall turn such [moneys] money over
to the commission. The money must be deposited with the
state treasurer for credit to the state general fund.
Sec. 7. NRS
467.158 is hereby amended to read as follows:
467.158 1. Upon application
and the payment of a penalty prescribed by the commission, not to exceed [$500,] $25,000, the
commission may reinstate a revoked license.
2. In lieu of revoking a license, as
provided for in this chapter, the commission may charge a penalty not to exceed
[$500.] $25,000.
Sec. 8. NRS
467.175 is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 1384 (CHAPTER 637, AB 439)κ
467.175 Any promoter [, owner or operator] who willfully makes
a false or fraudulent report under NRS 467.109 [shall
be] is guilty of perjury, and [upon conviction thereof] shall be [subject to punishment] punished as provided by law. Such penalty [shall be] is in
addition to any other penalties imposed by this chapter.
Sec. 9. The
state controller shall transfer all money in the Nevada athletic commission
fund to the state general fund.
Sec. 10. Sections
4, 5 and 8 of this act and this section shall become effective retroactively as
of March 1, 1979.
________
CHAPTER 638, AB 510
Assembly Bill No.
510Assemblyman Glover
CHAPTER 638
AN ACT relating to residential design; authorizing
certain temporary credentials to be made permanent; 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
623.195 is hereby amended to read as follows:
623.195 [1. Any
applicant for registration under this chapter who has qualified for the 5-year
level of experience or study, as prescribed in NRS 623.190 and regulations of
the board, shall be issued a temporary certificate of registration and is
authorized to obtain a seal as a residential designer. No applications for
temporary certificates may be made after October 31, 1975.
2. The certificate
of registration and seal of a residential designer shall become permanent,
subject to annual renewal, after he satisfactorily passes an examination as
prescribed by the board.
3. A residential
designer who holds a temporary certificate of registration must apply for the
examination if his temporary certificate is to remain in effect. The applicant
must take the examination each time it is given until he passes it. Failure to
pass the examination does not invalidate his temporary certificate of
registration until he has failed such examination on five occasions.
Invalidation of a temporary certificate of registration does not disqualify an
applicant otherwise qualified from taking the examination. The examination
shall not be given more often than once every 6 months.] Any person who on or before October 31, 1975, obtained and
kept in force until January 1, 1979, a temporary certificate of registration as
a residential designer is entitled, if he applies on or before October 31,
1979, to receive without examination a permanent certificate and seal as a
residential designer, subject to annual renewal.
Sec. 2. NRS
623.193 is hereby repealed.
________
κ1979
Statutes of Nevada, Page 1385κ
CHAPTER 639, AB 589
Assembly Bill No.
589Committee on Government Affairs
CHAPTER 639
AN ACT relating to planning commissions;
authorizing payment of certain compensation to the members for attendance at
meetings and to pay travel expenses based on amounts allowed to state officers
and employees; 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
278.040 is hereby amended to read as follows:
278.040 1. The members of
the planning commission [shall be] are appointed by the chief executive officer of the
city, or in the case of a county by the chairman of the board of county
commissioners, with the approval of the governing body. The members shall not hold [no]
any other public office, except that one [such] member may be a member of the
zoning board of adjustment. The majority of the members of the county planning
commission in any county of over 200,000 population [shall]
must reside within the unincorporated area of the
county, subject to the provisions of subsection 7.
2. In Carson City, the members of the
planning commission established as provided in NRS 278.030 [shall be] are appointed
by the mayor from the city at large, with the approval of the board of
supervisors.
3. All members of the planning commission [shall
serve as such] serve without compensation
[excepting] but
are entitled to reasonable [traveling]
travel expenses made necessary in the fulfillment
of their duties [.] , except that a board of county commissioners may provide for
compensation to its planning commission in an amount of not more than $40 per
meeting of the commission, with a total of not more than $200 per month, and
may provide travel expenses and subsistence allowances for the members in the
same amounts as are allowed for state officers and employees.
4. The term
of each member appointed after February 15, 1959, [shall
be] is 4 years, or until his
successor takes office, except that the terms of two of the members first
appointed [shall be] are 3 years, and the respective terms of two members
first appointed [shall be] are 1 and 2 years. Members appointed [prior to] before February
15, 1959, may serve the balance of the term for which they were appointed.
5. Members may be removed, after public
hearing, by a majority vote of the governing body for inefficiency, neglect of
duty or malfeasance of office.
6. Vacancies occurring otherwise than
through the expiration of term [shall]
must be filled for the unexpired term.
7. Appointments to meet the requirements
of subsection 1 with respect to members residing in unincorporated areas in
counties of over 200,000 population [shall]
must be made as follows:
(a) The member newly appointed on July 1, 1973, [shall] must reside
in the unincorporated area of the county; and
κ1979 Statutes
of Nevada, Page 1386 (CHAPTER 639, AB 589)κ
(b) The members appointed to fill the next three
vacancies, whether occurring by expiration of term or otherwise, [shall] must reside
in the unincorporated area of the county.
Sec. 2. NRS
278.100 is hereby amended to read as follows:
278.100 1. The ordinance [shall] must specify
the membership of the commission, which [shall]
must consist of not less than 6 members or more
than 12 members.
2. The ordinance [shall]
must provide that the term of each member [appointed after February 15, 1959, shall be]
is 4 years, or until his successor takes office,
except that the terms of two of the members first appointed [shall be] are 3
years, and the respective terms of two members first appointed [shall be] are 1
and 2 years. [Members appointed prior to February
15, 1959, may serve the balance of the term for which they were appointed.]
No more than one-third of the members [shall]
may hold any other public office.
3. The governing body creating the
commission shall, by resolution, provide what compensation, if any, each of the
members shall receive for his services as a member [.]
, not to exceed $40 per meeting or a total of $200 per
month.
4. Members may be removed, after public
hearing, by a majority vote of the governing body, for inefficiency, neglect of
duty or malfeasance of office.
5. All appointments to fill vacancies [shall] must be
for the unexpired term.
Sec. 3. Section
67 of Senate Bill No. 72 of the 60th session of the Nevada legislature is
hereby amended to read:
Sec. 67. NRS
278.040 is hereby amended to read as follows:
278.040 1. The
members of the planning commission are appointed by the chief executive officer
of the city, or in the case of a county by the chairman of the board of county
commissioners, with the approval of the governing body. The members shall not
hold any other public office, except that one member may be a member of the
zoning board of adjustment. The majority of the members of the county planning
commission in any county of over [200,000]
250,000 population must reside within the
unincorporated area of the county, subject to the provisions of subsection 7.
2. In Carson
City, the members of the planning commission established as provided in NRS
278.030 are appointed by the mayor from the city at large, with the approval of
the board of supervisors.
3. All members
of the planning commission serve without compensation but are entitled to
reasonable travel expenses made necessary in the fulfillment of their duties,
except that a board of county commissioners may provide for compensation to its
planning commission in an amount of not more than $40 per meeting of the
commission, with a total of not more than $200 per month, and may provide
travel expenses and subsistence allowances for the members in the same amounts
as are allowed for state officers and employees.
4. The term of
each member [appointed after February 15, 1959,]
is 4 years, or until his successor takes office. [, except that the terms of two of the members first
appointed are 3 years, and the respective terms of
two members first appointed are 1 and 2 years.
κ1979
Statutes of Nevada, Page 1387 (CHAPTER 639, AB 589)κ
respective
terms of two members first appointed are 1 and 2 years. Members appointed
before February 15, 1959, may serve the balance of the term for which they were
appointed.]
5. Members
may be removed, after public hearing, by a majority vote of the governing body
for inefficiency, neglect of duty or malfeasance of office.
6. Vacancies
occurring otherwise than through the expiration of term must be filled for the
unexpired term.
7. Appointments
to meet the requirements of subsection 1 with respect to members residing in
unincorporated areas in counties of over [200,000]
250,000 population must be made as follows:
(a) The member newly
appointed on July 1, 1973, must reside in the unincorporated area of the
county; and
(b) The members
appointed to fill the next three vacancies, whether occurring by expiration of
term or otherwise, must reside in the unincorporated area of the county.
________
CHAPTER 640, AB 597
Assembly Bill No.
597Committee on Commerce
CHAPTER 640
AN ACT relating to banks; enlarging permissible
holdings of real estate; 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
662.015 is hereby amended to read as follows:
662.015 1. In addition to
the powers conferred by law upon private corporations, a bank [has the power to:] may:
(a) Exercise by
its board of directors or [duly] authorized
officers and agents, subject to law, all powers necessary to carry on the
business of banking, by discounting and negotiating promissory notes, drafts,
bills of exchange and other evidences of indebtedness, by receiving deposits,
by buying and selling exchange, coin and bullion and by loaning money on
personal security or real and personal property. Loans secured by real property
[shall] must
not exceed 80 percent of the appraised value of the real property, nor [shall such] may
those loans have a maturity date in excess of 30 years. At the time of
making loans, banks may take and receive interest or discounts in advance where
the effective rates of interest or discounts collected do not exceed the
maximum rates of interest as provided by law.
(b) Adopt regulations for [their] its own
government not inconsistent with the constitution and laws of this state.
(c) Issue, advise and confirm letters of credit
authorizing the beneficiaries [thereof]
to draw upon the bank or its correspondents.
(d) Receive money for transmission.
κ1979
Statutes of Nevada, Page 1388 (CHAPTER 640, AB 597)κ
(e) Establish and become a member of a clearing
house association and [to] pledge
assets required for its qualification.
(f) Exercise any authority and perform all acts
that a national bank may exercise or perform, with the consent and written
approval of the superintendent.
(g) Provide for the performance of bank service
corporation services, such as data processing service and bookkeeping, subject
to [such rules and regulations as] any regulations which may be adopted by the
superintendent.
2. A bank may purchase, hold and convey
real property for the following purposes:
(a) Such as is necessary for the convenient
transaction of its business, including furniture and fixtures, with its banking
offices and for future site expansion, which investment [shall]
must not exceed 60 percent of its [paid-in capital stock and permanent surplus;]
capital accounts plus subordinated capital notes and
debentures; but the superintendent may, in his discretion, authorize any
bank located in a city having a population of more than 5,000 according to the
last preceding national census of the Bureau of the Census of the United States
Department of Commerce, to invest more than 60 percent of its capital [and permanent surplus] accounts plus subordinated capital notes and debentures in
its banking houses, furniture and fixtures. As used in
this paragraph capital accounts means capital stocks, permanent surplus and
retained earnings.
(b) Such as is mortgaged to it in good faith by
way of security for loans made or [moneys]
money due to the bank.
3. Nothing in this section prohibits any
bank from holding or disposing of any real property it may acquire through the
collection of debts due it; but [no such] that real property [shall]
may not be held for a longer time than 10 years.
It must be sold at private or public sale within 30 days thereafter. During the
time that the bank holds [such] the real property, the bank shall charge off [such] the real
property on a schedule of not less than 10 percent per year, or at [such] a greater
percentage per year as the superintendent may require.
Sec. 2. Section
120 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as
follows:
Sec. 120. NRS
662.015 is hereby amended to read as follows:
662.015 1. In
addition to the powers conferred by law upon private corporations, a bank may:
(a) Exercise by its
board of directors or authorized officers and agents, subject to law, all
powers necessary to carry on the business of banking, by discounting and
negotiating promissory notes, drafts, bills of exchange and other evidences of
indebtedness, by receiving deposits, by buying and selling exchange, coin and
bullion and by loaning money on personal security or real and personal
property. Loans secured by real property must not exceed 80 percent of the
appraised value of the real property, nor may those loans have a maturity date
in excess of 30 years. At the time of making loans, banks may take and receive
interest or discounts in advance where the effective rates of interest or
discounts collected do not exceed the maximum rates of interest as provided by
law.
κ1979
Statutes of Nevada, Page 1389 (CHAPTER 640, AB 597)κ
(b) Adopt regulations
for its own government not inconsistent with the constitution and laws of this
state.
(c) Issue, advise and
confirm letters of credit authorizing the beneficiaries to draw upon the bank
or its correspondents.
(d) Receive money for transmission.
(e) Establish and
become a member of a clearing house association and pledge assets required for
its qualification.
(f) Exercise any
authority and perform all acts that a national bank may exercise or perform,
with the consent and written approval of the superintendent.
(g) Provide for the
performance of bank service corporation services, such as data processing
service and bookkeeping, subject to any regulations which may be adopted by the
superintendent.
2. A bank may
purchase, hold and convey real property for the following purposes:
(a) Such as is
necessary for the convenient transaction of its business, including furniture
and fixtures, with its banking offices and for future site expansion, which
investment must not exceed 60 percent of its capital accounts plus subordinated
capital notes and debentures; but the superintendent may, in his discretion,
authorize any bank located in a city having a population of more than 5,000 [according to the last preceding national census of the
Bureau of the Census of the United States Department of Commerce,]
to invest more than 60 percent of its capital accounts plus subordinated capital
notes and debentures in its banking houses, furniture and fixtures. As used in
this paragraph capital accounts means capital stocks, permanent surplus and
retained earnings.
(b) Such as is
mortgaged to it in good faith by way of security for loans made or money due to
the bank.
3. Nothing in
this section prohibits any bank from holding or disposing of any real property
it may acquire through the collection of debts due it; but that real property
may not be held for a longer time than 10 years. It must be sold at private or
public sale within 30 days thereafter. During the time that the bank holds the
real property, the bank shall charge off the real property on a schedule of not
less than 10 percent per year, or at a greater percentage per year as the
superintendent may require.
________
κ1979
Statutes of Nevada, Page 1390κ
CHAPTER 641, AB 696
Assembly Bill No.
696Committee on Transportation
CHAPTER 641
AN ACT relating to motor vehicles;
requiring a seller to notify the buyer if the seller knows or has reason to
believe that the odometer of the vehicle to be sold has been replaced or turned
back; providing a penalty; 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
484.6066 is hereby amended to read as follows:
484.6066 1. Upon the sale or
transfer of a motor vehicle, the transferor shall furnish the transferee with a
written statement containing:
(a) The odometer reading at the date of
transfer;
(b) The current address of the person making the
sale or transfer; and
(c) The identity of the vehicle, including the
make, model, body type, vehicle identification number and the vehicle
registration number.
2. If the transferor has knowledge [that the] or
reason to believe that:
(a) The odometer
reading differs from the actual mileage, he [must]
shall include a statement of the actual mileage
or a statement that the actual mileage is unknown.
(b) The odometer has been
turned back or replaced, he shall so notify the transferee before any sale, and
obtain the transferees signed acknowledgment of this notification.
3. If the vehicle being transferred is a
bus or truck which weighs over 16,000 pounds and is accompanied by maintenance
records, the department may exempt such vehicle, by regulations, from the
provisions of NRS 484.606 to 484.6069, inclusive.
4. The transferee shall retain the
statement in his possession for not less than 2 years.
Sec. 2. NRS
484.6067 is hereby amended to read as follows:
484.6067 [Any] 1. A person is guilty of a gross
misdemeanor if he knowingly sells a motor vehicle whose odometer has been
altered for the purpose of fraud.
2. Except as
provided in subsection 1, any person who violates the provisions of NRS
484.606 to 484.6069, inclusive, is guilty of a misdemeanor.
________
κ1979
Statutes of Nevada, Page 1391κ
CHAPTER 642, AB 700
Assembly Bill No.
700Assemblymen Getto, Hickey, Weise, Wagner, Horn, Dini, Bergevin, Marvel,
Polish, Rusk, Bremner and Coulter
CHAPTER 642
AN ACT making an appropriation from the
state general fund to the director of the agricultural extension department of
the public service division of the University of Nevada System to make certain
improvements at the state 4-H camp in Douglas County, Nevada; 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 director of the
agricultural extension department of the public service division of the
University of Nevada System the sum of $175,176 to make improvements on certain
buildings at the state 4-H camp institute and exhibit in Douglas County,
Nevada.
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.
________
CHAPTER 643, AB 717
Assembly Bill No.
717Committee on Commerce
CHAPTER 643
AN ACT relating to public utility
regulation; prohibiting public utilities which provide water from requiring
more than one watermeter for connecting to multiple occupancy units; 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
704 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Unless the owner of the water
system within a building containing multiple occupancy units otherwise requests
in writing, a public utility shall provide water to the building through a
single connection, in which case the utility may require, where watermeters are
otherwise permitted by law, that there be a single watermeter or meter
facility, but it shall not require a separate meter facility for each unit
therein.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 1392κ
CHAPTER 644, AB 718
Assembly Bill No.
718Assemblyman Getto
CHAPTER 644
AN ACT relating to county officers; increasing the
salaries of county officers in Pershing County; 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
245.043 is hereby amended to read as follows:
245.043 1. As used in this
section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and
supervisors of Carson City.
2. Except as provided by any special law,
the elected officers of the counties of this state are entitled to receive
annual salaries in the base amounts specified in the following tables. The
annual salaries are in full payment for all services required by law to be
performed by such officers. Except as otherwise provided by law, all fees and
commissions collected by such officers in the performance of their duties shall
be paid into the county treasury each month without deduction of any nature.
