[Rev. 2/27/2019 12:53:38 PM]
κ1981 Statutes of Nevada, Page 401 (CHAPTER 211, AB 410)κ
1. The citizens advisory council [shall] must consist of not fewer than three nor more than five members.
2. Each member of the advisory council [shall] must be a resident and qualified elector in the town.
3. The members of the advisory council [shall] must be appointed by the board of county commissioners from [among those persons in the town who possess the qualifications required by subsection 2, and during their respective terms shall serve at the pleasure of the board.
4.] a list of a number of qualified persons equal in number to the number of positions on the advisory council which are to be filled, elected at an informal election. Notice of the election must be posted in accordance with NRS 241.020. The election must be held in the town in November of the year of the general election.
4. The list of names of the persons elected must be presented to the board of county commissioners at their first meeting in December of the year of the general election. The persons appointed to the advisory council shall serve their respective terms at the pleasure of the board.
5. The members of the advisory council first appointed by the board of county commissioners shall serve until the 1st Monday in January following the next general election, and thereafter the terms of office of the members of the advisory council [shall be] are for 2 years and [shall] begin on the 1st Monday in January following each general election.
[5.] 6. The advisory council shall assist the board of county commissioners in governing the town by acting as liaison between the residents of the town and the board. [and by keeping the board advised as to all matters of interest to the town and the residents thereof; but the] The advisory council and the board shall cooperate to inform each other of all matters of interest to the town and its residents. The advisory council shall not expend or contract any town [funds] money for any purpose.
[6.] 7. The members of the advisory council shall serve without compensation.
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Assembly Bill No. 422Committee on Judiciary
CHAPTER 212
AN ACT relating to unlawful parking; extending the time for the issuance of a notice to appear on a citation; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.810 is hereby amended to read as follows:
484.810 When a traffic citation for a parking violation has been issued identifying by license number a vehicle registered to a person who has not [personally] signed the citation, a bench warrant [shall] may not be issued for that person for failure to appear before the court unless:
κ1981 Statutes of Nevada, Page 402 (CHAPTER 212, AB 422)κ
1. A notice to appear concerning the violation is first sent to [such] the person by first class mail within [20] 60 days after the citation is issued; and
2. The person does not appear within 20 days after the date of the notice or the notice to appear is returned with a report that it cannot be delivered.
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Assembly Bill No. 484Committee on Government Affairs
CHAPTER 213
AN ACT relating to cities; changing the procedure for reconveying dedicated land; removing the specific power of cities to buy, sell or exchange property to adjust streets; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 268.050 is hereby amended to read as follows:
268.050 1. The governing [board] body of any incorporated city in this state may [, upon petition signed by electors of such city equal in number to at least 51 percent of the number of votes cast in such city for Representative in Congress at the last preceding general election,] reconvey, upon such terms as may be prescribed by the order of [such governing board,] the governing body, all the right, title and interest of the city in and to any land donated and dedicated for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person [or persons, association or corporation] from whom [such] the land was acquired or to his [, their or its] heirs, assigns or [successors, whether such] successors. The reconveyance may be made whether the land is held [solely by such city] by the city solely or as tenant in common with any other municipality or other political subdivision of this state under the dedication. [to the same public use or uses, in any case where such land has been theretofore donated and dedicated to the city, or to such city and any such coowner, for any of the use or uses hereinbefore mentioned; provided it shall be determined by a resolution of such governing board that the maintenance by such city, either solely or in connection with such coowner of such public park, public square, public landing, agricultural fairgrounds, aviation field, automobile parking ground for the accommodation of the traveling public, or public land for the purposes specified in the instrument or instruments of donation or dedication is unnecessarily burdensome upon the city, or that such reconveyance will be advantageous to the city and its citizens. Upon the adoption of such resolution, without other formalities or requirements, a deed of reconveyance on behalf of the city shall be executed under the hand of the mayor or chairman or other presiding officer of such governing board, as the case may be, attested by the city clerk under the seal of the city.
κ1981 Statutes of Nevada, Page 403 (CHAPTER 213, AB 484)κ
officer of such governing board, as the case may be, attested by the city clerk under the seal of the city.
2. The signatures to the petition mentioned in subsection 1 need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made and the signatures therein set forth are true to the best of his knowledge and belief. Such petition, so verified, shall be pima facie evidence that each of the signers thereof is an elector of such city.]
2. If the city has a planning commission, the governing body shall refer the proposal for reconveyance to the planning commission which shall consider the proposal and submit its recommendation to the governing body.
3. The governing body shall hold at least one public hearing upon the proposal for reconveyance. Notice of the time and place of the hearing must be:
(a) Published at least once in a newspaper of general circulation in the city or county;
(b) Mailed to all owners of record of real property located within 300 feet of the land proposed for reconveyance; and
(c) Posted in a conspicuous place on the property and, in this case, must set forth additionally the extent of the proposal for reconveyance.
The hearing must be held not less than 10 days nor more than 40 days after the notice is so published, mailed and posted.
4. If the governing body, after the hearing, determines that maintenance of the property by the city solely or with a coowner is unnecessarily burdensome or that reconveyance would be otherwise advantageous to the city and its citizens, the governing body shall formally adopt a resolution stating that determination. Upon the adoption of the resolution, the presiding officer of the governing body shall execute a deed of reconveyance on behalf of the city and the city clerk shall attest the deed under the seal of the city.
5. The governing body may sell land which has been donated and dedicated for a public purpose described in subsection 1, or may exchange that land for other land of equal value, if the donor or his successor in interest refuses to accept the reconveyance or states in writing that he is unable to accept the reconveyance.
Sec. 2. NRS 268.060 is hereby repealed.
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κ1981 Statutes of Nevada, Page 404κ
Assembly Bill No. 498Committee on Ways and Means
CHAPTER 214
AN ACT making an appropriation to the department of prisons for the replacement of the floor coverings at the southern Nevada correctional center; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $16,300 for the purpose of replacing the floor coverings at the southern Nevada correctional center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 4Assemblyman Banner
CHAPTER 215
AN ACT relating to district courts; increasing fees for official reporters; removing certain limitations; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his [or her] services the official reporter or reporter pro tempore [shall receive] is entitled to the following fees:
(a) For being available to report civil and criminal testimony and proceedings when the court is sitting, [$50] $100 per day, to be paid by the county as provided in subsection 2.
(b) For transcription, 70 cents per folio for the original draft, and 20 cents per folio for each additional copy to the party ordering the original draft. For transcription for any party other than the party ordering the original draft, 20 cents per folio.
(c) For reporting all civil matters, in addition to the salary provided in paragraph (a), [$8] $15 for each hour or fraction thereof actually spent, but not more than [$50] $100 in any calendar day, to be taxed as costs pursuant to subsection 3. If the fees for any day computed according to the hourly rate would exceed [$50,] $100, the fee to be taxed for each civil matter reported is that proportion of [$50] $100 which the time spent on that matter bore to the total time spent that day.
2. The fee specified in paragraph (a) of subsection 1 [shall] must be paid out of the county treasury upon the order of the court.
κ1981 Statutes of Nevada, Page 405 (CHAPTER 215, AB 4)κ
paid out of the county treasury upon the order of the court. In criminal cases the fees for transcripts ordered by the court to be made [shall] must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention [shall] must be fixed and allowed by the court and paid in like manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to [such] the official reporter in lieu of per diem; the salary, and also actual traveling expenses in cases where the reporter acts in more than one county, to be prorated by the judge on the basis of time consumed by work in the respective counties; the salary and traveling expenses to be paid out of the respective county treasuries upon the order of the court.
3. In civil cases the fees prescribed in paragraph (c) of subsection 1 and for transcripts ordered by the court to be made [shall] must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof. In either case all amounts so paid by the party to whom costs are awarded [shall] must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties [shall] must be paid by the party ordering [the same.] them. No reporter may be required to perform any service in a civil case until his fees have been paid to him [or her] or deposited with the clerk of the court.
4. Where a transcript is ordered by the court or by any party, the fees for [the same shall] it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
5. The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.
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Assembly Bill No. 148Assemblymen Stewart, Kovacs, Sader, Craddock, Bennett, Malone, Brady, Marvel, Hayes, Beyer, Schofield, Thompson, Horn, Banner and Ham
CHAPTER 216
AN ACT relating to drug paraphernalia; prohibiting the manufacture, sale, delivery or advertisement of drug paraphernalia; and providing other matters properly relating thereto.
[Approved May 13, 1981]
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 8, inclusive, of this act.
Sec. 2. As used in sections 3 to 8, inclusive, of this act, unless the context otherwise requires:
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter.
κ1981 Statutes of Nevada, Page 406 (CHAPTER 216, AB 148)κ
any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes, but is not limited to:
1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances;
3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marihuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
11. Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(b) Water pipes;
(c) Smoking masks;
(d) Roach clips, which are objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(e) Cocaine spoons and cocaine vials;
(f) Carburetor pipes and carburetion tubes and devices;
(g) Chamber pipes;
(h) Electric pipes;
(i) Air-driven pipes;
κ1981 Statutes of Nevada, Page 407 (CHAPTER 216, AB 148)κ
(j) Chillums;
(k) Bongs; and
(l) Ice pipes or chillers.
Sec. 3. In determining whether an object is an item of drug paraphernalia, a court or other authority, as the case may be, shall consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this chapter;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of any owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; and
12. Expert testimony concerning its use.
The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as an item of drug paraphernalia.
Sec. 4. Any person who uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter is guilty of a misdemeanor.
Sec. 5. Any person who delivers or sells, possesses with intent to deliver or sell, or manufactures with intent to deliver or sell any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000 or by both fine and imprisonment.
Sec. 6. Any person 18 years of age or over who violates section 5 of this act by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his junior shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
κ1981 Statutes of Nevada, Page 408 (CHAPTER 216, AB 148)κ
age who is at least 3 years his junior shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
Sec. 7. Any person who places in any printed publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia is guilty of a misdemeanor.
Sec. 8. The district attorney or city attorney of any county or city, respectively, in which there is drug paraphernalia, may file a complaint in the district court seeking to enjoin the possessor and owner of the drug paraphernalia from delivering or selling, or possessing with intent to deliver or sell, any drug paraphernalia.
Sec. 9. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.551, inclusive.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive.
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.551, inclusive.
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale, possession for sale or receipt of property described in subsections 1 or 2, except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the provisions of NRS 453.011 to 453.551, inclusive;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
(c) A conveyance is not subject to forfeiture for a violation of NRS 453.336 unless more than 1 kilogram of marihuana was in the conveyance;
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omissions. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
κ1981 Statutes of Nevada, Page 409 (CHAPTER 216, AB 148)κ
6. All drug paraphernalia as defined by section 2 of this act which are used in violation of section 4, 5 or 6 of this act or of an injunction issued pursuant to section 8 of this act.
Sec. 10. This act shall become effective upon passage and approval.
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Senate Bill No. 191Committee on Commerce and Labor
CHAPTER 217
AN ACT relating to industrial insurance; removing the limit on the number of appeals officers; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.542 is hereby amended to read as follows:
616.542 1. The governor shall appoint [two] one or more appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Each appeals officer shall hold office for a term of 4 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law for employees in the unclassified service of the state.
2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for a period of at least 2 years. An appeals officer shall not engage in the private practice of law.
3. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing [such] the case and the governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer [shall] is entitled to be paid at an hourly rate, based upon the appeals officers salary.
4. The decision of an appeals officer is the final and binding administrative determination of a claim under this chapter or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
Sec. 2. This act shall become effective upon passage and approval.
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κ1981 Statutes of Nevada, Page 410κ
Senate Bill No. 227Committee on Judiciary
CHAPTER 218
AN ACT relating to criminal trials; revising the procedure for giving instructions to the jury; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 175.161 is hereby amended to read as follows:
175.161 1. Upon the close of the argument, the judge shall charge the jury. He may state the testimony and declare the law, but [shall] may not charge the jury in respect to matters of fact. [; such charge shall] The charge must be reduced to writing before it is given; and [in] no [case shall any] charge or instructions may be given to the jury otherwise than in writing, unless by the mutual consent of the parties. If either party [request] requests it, the court must settle and give the instructions to the jury before the argument begins, but this [shall] does not prevent the giving of further instructions which may become necessary by reason of the argument.
2. In charging the jury, the [court] judge shall state to them all such matters of law [as it shall think] he thinks necessary for their information in giving their verdict.
3. Either party may present to the court any written charge, and request that it [may] be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused.
4. [Upon each charge so presented and given, or refused, the court shall endorse its decision, and shall sign it. If part be given and part refused, the court shall distinguish, showing by the endorsement what part of the charge was given and what part refused.] An original and one copy of each instruction requested by any party must be tendered to the court. The copies must be numbered and indicate who tendered them. Copies of instructions given on the courts own motion or modified by the court must be so identified. When requested instructions are refused, the judge shall write on the margin of the original the word refused and initial or sign the notation. The instructions given to the jury must be firmly bound together and the judge shall write the word given at the conclusion thereof and sign the last of the instructions to signify that all have been given. After the instructions are given, the judge may not clarify, modify or in any manner explain them to the jury except in writing unless the parties agree to oral instructions.
5. After the jury has reached a verdict and been discharged, the originals of all instructions, whether given, modified or refused, must be preserved by the clerk as part of the proceedings.
6. Conferences with counsel to settle instructions must be held out of the presence of the jury and may be held in chambers at the option of the court.
[5.] 7. When the offense charged carries a possible penalty of life without possibility of parole a charge to the jury that such penalty does not exclude executive clemency is a correct and pertinent charge, and [shall] must be given upon the request of either party.
κ1981 Statutes of Nevada, Page 411 (CHAPTER 218, SB 227)κ
not exclude executive clemency is a correct and pertinent charge, and [shall] must be given upon the request of either party.
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Senate Bill No. 266Senator Jacobsen
CHAPTER 219
AN ACT relating to the legislature; removing an incorrect reference to the location of the press room in the provision on bill books; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.185 is hereby amended to read as follows:
218.185 1. During each session of the legislature, employees of the senate and assembly shall compile and prepare sets of [bill, resolution, journal and history books] books containing bills, resolutions, journals and histories for:
(a) The officers and members of the senate and assembly without cost to [such persons.] them.
(b) Selected staff members of the legislative counsel bureau without cost to [such persons.] them.
(c) The press room [in the Legislative Building] for use of accredited press representatives, [but not more than] four such sets of books, [shall be compiled and prepared] without cost [.] to them.
(d) Persons other than those enumerated in paragraphs (a), (b) and (c) upon application to the legislative counsel bureau and the payment of a fee of $100.
2. All fees collected under the provisions of this section [shall] must be deposited [in] with the state treasurer for credit to the legislative fund in accordance with the provisions of NRS 353.250.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 357Committee on Judiciary
CHAPTER 220
AN ACT relating to evidence; providing for the admissibility of evidence of transactions and conversations with and the actions of deceased persons; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1981 Statutes of Nevada, Page 412 (CHAPTER 220, SB 357)κ
Evidence is not inadmissible solely because it is evidence of transactions or conversations with or the actions of a deceased person.
Sec. 2. The repeal of the rule of evidence which provided for the admission of a transaction or conversation with or action of a deceased person if supported by corroborative evidence (former NRS 48.064, repealed by chapter 134, Statutes of Nevada 1979) does not by implication or otherwise revive the dead mans statute of the common law of England.
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Senate Bill No. 525Senators Raggio, Jacobsen, Blakemore, Keith Ashworth, Wilson and Close
CHAPTER 221
AN ACT relating to the abuse of alcohol and drugs; extending the existence of the advisory task force; and providing other matters properly relating thereto.
[Approved May 13, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 458.212 is hereby amended to read as follows:
458.212 1. An advisory task force, consisting of [five] six members, is hereby created.
2. The governor shall appoint:
(a) One member who is a representative of the insurance division of the department of commerce.
(b) One member who is a representative of the bureau.
(c) One member who is a representative of [the] health [insurance industry.
(d)] insurers.
(d) One member who is a representative of major employers in this state.
(e) One member who is a representative of the general public.
3. The legislative commission shall appoint one member who is a legislator.
Sec. 2. Section 16 of chapter 586, Statutes of Nevada 1979, at page 1183, is hereby amended to read as follows:
Sec. 16. Sections 2 and 3 of this act shall expire on July 1, [1981.] 1983.
Sec. 3. This act shall become effective upon passage and approval.
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κ1981 Statutes of Nevada, Page 413κ
Assembly Bill No. 458Committee on Education
CHAPTER 222
AN ACT relating to the department of education; abolishing the state textbook commission; and providing other matters properly relating thereto.
[Approved May 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 385.010 is hereby amended to read as follows:
385.010 1. A department of education is hereby created.
2. The department consists of the state board of education, the state board for vocational education [, the state textbook commission] and the superintendent of public instruction.
3. The superintendent of public instruction is the executive head of the department.
Sec. 2. NRS 390.005 is hereby amended to read as follows:
390.005 As used in this chapter, unless the context requires otherwise:
1. Basic textbook or textbook means any medium or manual of instruction containing a presentation of the principles of a subject and used as a basis of instruction.
2. [Commission means the state textbook commission.
3.] Supplemental textbook means any medium or material used to reinforce or extend a basic program of instruction.
[4.] 3. A basic or supplemental textbook becomes unserviceable when 4 years have elapsed since its removal from the adopted list.
Sec. 3. NRS 390.140 is hereby amended to read as follows:
390.140 [1. The commission shall select textbooks to be recommended for adoption to the state board of education.
2.] The state board of education shall make the final selection of all textbooks to be used in the public schools in this state.
Sec. 4. NRS 390.160 is hereby amended to read as follows:
390.160 1. The [commission shall have power to] state board may make such contracts for the purchase and use of textbooks in the name of the state as [the commission shall deem] it deems necessary for the interests of the public schools.
2. Contracts [shall:] must:
(a) Set forth the introductory, exchange and retail price of each textbook, which [price shall] must not exceed the lowest price the publisher has charged for the same textbook anywhere in the continental United States for similar quantities exclusive of shipping costs.
(b) Guarantee that there is no subversive or sectarian doctrine, as determined by the laws of Nevada and the United States, in any of the textbooks covered by the contract.
Sec. 5. NRS 390.230 is hereby amended to read as follows:
390.230 1. The textbooks adopted by the state board of education must be used in the public schools in the state and no other books may be used as basic textbooks.
2. This section does not prohibit:
κ1981 Statutes of Nevada, Page 414 (CHAPTER 222, AB 458)κ
(a) The continued use of such textbooks previously approved until they become unserviceable.
(b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.
(c) After approval by the [commission,] state board, the temporary use of textbooks for tryout purposes.
3. Any school officer or teacher who violates the provisions of this chapter, or knowingly fails to follow [the rules of the commission or] the regulations of the state board relating to use of textbooks shall be punished by a fine of not more than $250.
4. All superintendents, principals, teachers and school officers are charged with the execution of this section.
Sec. 6. NRS 390.010, 390.020, 390.040, 390.060, 390.070, 390.080, 390.090 and 390.110 are hereby repealed.
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Assembly Bill No. 485Committee on Ways and Means
CHAPTER 223
AN ACT relating to the state treasurer; authorizing him to charge fees for investing the money in funds whose interest does not go to the state general fund; and providing other matters properly relating thereto.
[Approved May 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 226.110 is hereby amended to read as follows:
226.110 The state treasurer shall:
1. Receive and keep all [moneys] money of the state not expressly required by law to be received and kept by some other person.
2. Receipt to the state controller for all [moneys] money received, from whatever source, and at the time of receiving [the same.] it.
3. Disburse the public [moneys] money upon warrants drawn upon the treasury by the state controller, and not otherwise. [Such warrants shall] The warrants must be registered, and paid in the order of their registry.
4. Keep a just, true and comprehensive account of all [moneys] money received and disbursed.
5. Deliver in good order to his successor in office all [moneys,] money, records, books, papers and other things belonging to his office.
6. Keep his office open for the transaction of business during the time required by law.
7. Fix, charge and collect reasonable fees for: [special]
(a) Investing the money in the funds and account described in subsection 3 of NRS 356.087; and
(b) Special services rendered to other state agencies which increase the cost of operating his office.
________
κ1981 Statutes of Nevada, Page 415κ
Senate Bill No. 347Committee on Natural Resources
CHAPTER 224
AN ACT relating to the Tahoe Regional Planning Compact; correcting errors made in the enactment of amendments to the Compact; and providing other matters properly relating thereto.
[Approved May 15, 1981]
Whereas, The State of California enacted amendments to the Tahoe Regional Planning Compact in Senate Bill 82 of the 1979-1980 regular session of the California legislature; and
Whereas, the State of Nevada enacted the same amendments in Assembly Bill 1 of the 14th special session of the Nevada legislature; and
Whereas, Subdivision (g) of Article IV in both bills contains an incorrect internal reference to a subdivision of Article VI; and
Whereas, In both bills the amendments to the compact contained errors in describing the number of residential units authorized in Douglas County, Nevada, in 1978 and in describing objects that cannot be taxed by the Tahoe transportation district; and
Whereas, The correct number of residential units authorized in Douglas County, Nevada, in 1978 is 529 rather than 339 which, by inadvertence, is incorrectly stated in paragraph (3) of subdivision (c) of Article VI of the Compact; and
Whereas, The words or gaming in the phrase on gaming or gaming tables and devices which describes objects that cannot be taxed under paragraph (6) of subdivision (d) of Article IX of the Compact failed to appear in the printed versions of the California and Nevada bills because of typographical errors; and
Whereas, The State of Nevada desires to correct these errors; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
TAHOE REGIONAL PLANNING COMPACT
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region are substantial.
(3) The region exhibits unique environmental and ecological values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of the regions natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.
κ1981 Statutes of Nevada, Page 416 (CHAPTER 224, SB 347)κ
(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.
(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.
(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the States of California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the regions natural endowment and its manmade environment.
(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
κ1981 Statutes of Nevada, Page 417 (CHAPTER 224, SB 347)κ
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan means the long-term general plan for the development of the region.
(e) Planning commission means the advisory planning commission appointed pursuant to subdivision (h) of Article III.
(f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.
(g) Restricted gaming license means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.
(h) Project means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.
(i) Environmental threshold carrying capacity means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.
(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(k) Areas open to public use means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.
(l) Areas devoted to private use of guests means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.
(m) Nonrestricted license means a gaming license which is not a restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
κ1981 Statutes of Nevada, Page 418 (CHAPTER 224, SB 347)κ
council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.
(C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.
(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, economic interests means:
(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000.
(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000.
(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
κ1981 Statutes of Nevada, Page 419 (CHAPTER 224, SB 347)κ
other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.
No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action.
κ1981 Statutes of Nevada, Page 420 (CHAPTER 224, SB 347)κ
and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.
(3) For routine business and for directing the agencys staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.
Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agencys rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision [(h)] (j) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region.
κ1981 Statutes of Nevada, Page 421 (CHAPTER 224, SB 347)κ
state, at least half of whom shall be residents of the region. Any official member may designate an alternate.
The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.
The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
κ1981 Statutes of Nevada, Page 422 (CHAPTER 224, SB 347)κ
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the Presidents Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall be a single enforceable plan and includes all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.
κ1981 Statutes of Nevada, Page 423 (CHAPTER 224, SB 347)κ
and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:
(A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused by motor vehicles.
Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and California;
(B) Utilization of a light rail mass transit system in the South Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.
κ1981 Statutes of Nevada, Page 424 (CHAPTER 224, SB 347)κ
(d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.
The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.
(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.
κ1981 Statutes of Nevada, Page 425 (CHAPTER 224, SB 347)κ
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.
The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan. The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.
Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan.
κ1981 Statutes of Nevada, Page 426 (CHAPTER 224, SB 347)κ
might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a residential unit means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined)...................... 252
2. Placer County........................................................................................................ 278
3. Carson City............................................................................................................ -0-
4. Douglas County.................................................................................................... [339] 529
5. Washoe County.................................................................................................... 739
Notwithstanding the numerical limitations on residential units set forth in this paragraph, any residential unit for which sewer capacity was allocated in 1980 in El Dorado County but for which no building permit was issued in 1980 may be issued a building permit in 1981.
(4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.
κ1981 Statutes of Nevada, Page 427 (CHAPTER 224, SB 347)κ
The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined).................. 64,324
2. Placer County.................................................................................................... 23,000
3. Carson City........................................................................................................ -0-
4. Douglas County................................................................................................ 57,354
5. Washoe County................................................................................................ 50,600
(5) No structure may be erected to house gaming under a nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or enlarged except:
(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. § 1251 et seq., and the applicable state law for control of water pollution;
(B) To accommodate development which is not prohibited or limited by this subdivision; or
(C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a project; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.
The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agencys approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.
κ1981 Statutes of Nevada, Page 428 (CHAPTER 224, SB 347)κ
parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.
The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.
(f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):
(1) The agencys review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area open to public use;
κ1981 Statutes of Nevada, Page 429 (CHAPTER 224, SB 347)κ
(D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the agencys ordinances that are generally applicable throughout the region.
The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agencys rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraphs (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.
(3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.
(g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f), the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:
(1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.
κ1981 Statutes of Nevada, Page 430 (CHAPTER 224, SB 347)κ
(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.
(j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the agency.
(B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any person or public agency.
Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.
(B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.
(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, aggrieved person means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, aggrieved person means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.
κ1981 Statutes of Nevada, Page 431 (CHAPTER 224, SB 347)κ
(4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.
(6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.
(7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.
κ1981 Statutes of Nevada, Page 432 (CHAPTER 224, SB 347)κ
(m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
(o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.
(q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on mans environment;
(2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting standards of the region;
(E) The relationship between local short-term uses of mans environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and
κ1981 Statutes of Nevada, Page 433 (CHAPTER 224, SB 347)κ
resources which would be involved in the proposed project should it be implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the regions environment; and
(5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.
In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.
(d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.
A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.
κ1981 Statutes of Nevada, Page 434 (CHAPTER 224, SB 347)κ
(e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
κ1981 Statutes of Nevada, Page 435 (CHAPTER 224, SB 347)κ
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.
(b) The business of the district shall be managed by a board of directors consisting of:
(1) One member of the county board of supervisors of each of the counties of El Dorado and Placer;
(2) One member of the city council of the City of South Lake Tahoe;
(3) One member each of the board of county commissioners of Douglas County and of Washoe County;
(4) One member of the board of supervisors of Carson City;
(5) The director of the California Department of Transportation; and
(6) The director of the department of transportation of the State of Nevada.
Any director may designate an alternate.
(c) The vote of at least five of the directors must agree to take action. If at least five votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.
(d) The Tahoe transportation district may in accordance with the adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.
(2) Acquire upon mutually agreeable terms any public transportation system or facility owned by a county, city or special purpose district within the region.
(3) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.
(4) Fix the rates and charges for transit services provided pursuant to this subdivision.
(5) Issue revenue bonds and other evidence of indebtedness.
(6) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way. The district is prohibited from imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming or gaming tables and devices.
Any such proposition must be submitted to the voters of the district and shall become effective upon approval of two-thirds of the voters voting on the proposition. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.
κ1981 Statutes of Nevada, Page 436 (CHAPTER 224, SB 347)κ
(7) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.
(e) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 171Committee on Ways and Means
CHAPTER 225
AN ACT making an appropriation to the department of education for a study of the financing of public education and certain characteristics of school districts; and providing other matters properly relating thereto.
[Approved May 15, 1981]
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 education the sum of $75,000 for the cost of a study of the Nevada plan of financing public education and of the purchasing practices, composition, geographical boundaries and size of school districts.
κ1981 Statutes of Nevada, Page 437 (CHAPTER 225, AB 171)κ
of the Nevada plan of financing public education and of the purchasing practices, composition, geographical boundaries and size of school districts. The superintendent of public instruction shall appoint to oversee the study a committee including one senator and one assemblyman, both designated by the legislative commission.
Sec. 2. Any remaining balance of the appropriation made by section 1 of his act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 339Committee on Finance
CHAPTER 226
AN ACT making an appropriation to the state gaming control board for certain testing equipment; and providing other matters properly relating thereto.
[Approved May 15, 1981]
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 gaming control board the sum of $56,802 for the purchase of equipment for the testing of electronic gaming devices.
Sec. 2. Any remaining balance of the appropriation made by section 1 of his act must not be committed for expenditure after June 30, 1983, and reverts on that date to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 80Committee on Agriculture
CHAPTER 227
AN ACT relating to the importation of bees; requiring a certificate of inspection; authorizing the destruction of the bees under certain circumstances; and providing other matters properly relating thereto.
[Approved May 15, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 552 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person may ship or transport into this state any queens or other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:
κ1981 Statutes of Nevada, Page 438 (CHAPTER 227, AB 80)κ
other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:
(a) Were inspected within 60 days before the date of shipment; and
(b) Were found to be free from disease and pests.
2. The department shall hold a shipment which is not accompanied by the certificate of inspection and notify the person who owns or controls the bees that they will be destroyed after 48 hours from the time of the notice unless a proper certificate of inspection is supplied. If the certificate is not supplied within that time, the bees may be destroyed.
________
Assembly Bill No. 506Committee on Government Affairs
CHAPTER 228
AN ACT relating to the emergency fund; broadening the definition of emergency in the provision governing permissible expenditures from the fund; and providing other matters properly relating thereto.
[Approved May 15, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.263 is hereby amended to read as follows:
353.263 1. As used in this section, emergency means invasion, disaster, insurrection, riot, breach of the peace, substantial threat to life or property, epidemic or [natural disaster.] the imminent danger thereof.
2. The emergency fund is hereby created as a trust fund. Money for the fund [shall] must be provided by direct legislative appropriation.
3. When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, the board may authorize the expenditure of not more than $50,000 from the emergency fund to meet [such] the emergency.
4. The chief shall enumerate expenditures from the fund made in the preceding biennium in each executive budget report.
________
κ1981 Statutes of Nevada, Page 439κ
Assembly Bill No. 321Committee on Ways and Means
CHAPTER 229
AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources for repainting and certain repairs to the buildings of the Las Vegas mental health center; and providing other matters properly relating thereto.
[Approved May 15, 1981]
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 mental hygiene and mental retardation division of the department of human resources the sum of $9,900 for the purpose of repainting and making certain repairs to the buildings of the Las Vegas mental health center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 351Committee on Ways and Means
CHAPTER 230
AN ACT making an appropriation to the department of the military for certain capital improvements on the headquarters building in Carson City and the armories in the cities of Henderson and Las Vegas; and providing other matters properly relating thereto.
[Approved May 15, 1981]
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 the military the sum of $11,600 for the purpose of painting the headquarters building in Carson City and replacing swamp coolers in the armories in the cities of Henderson and Las Vegas.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 440κ
Senate Bill No. 474Committee on Finance
CHAPTER 231
AN ACT relating to Nevada Reports; making an appropriation for their reproduction; and providing other matters properly relating thereto.
[Approved May 15, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund for the support of the legislative counsel bureau, for the cost of reproducing volumes of Nevada Reports pursuant to NRS 345.025, the sum of $66,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 417Committee on Government Affairs
CHAPTER 232
AN ACT relating to public employees retirement; amending provisions for benefits for spouses of deceased retired police officers and firemen; and providing other matters properly relating thereto.
[Approved May 15, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.421 is hereby amended to read as follows:
286.421 1. Except as limited in this section, any participating public employer may pay on behalf of its employees the employee contributions required by subsection 1 of NRS 286.410. The state board of examiners shall elect on behalf of all state agencies which have employees within the classified service of the state, as established by chapter 284 of NRS, whether to pay such contributions. The public employees retirement board shall elect whether to pay such contributions on behalf of its employees in the unclassified service. The board of regents shall elect whether to pay such contributions on behalf of the professional staff of the University of Nevada System.
2. Payment of employee contributions [shall] must be:
(a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or
(b) Counterbalanced by equivalent reductions in employee salaries.
3. The average compensation from which the amount of benefits payable pursuant to this chapter is determined [shall] must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and [shall] must not be less than it would have been if contributions had been made by the member and the public employer separately.
κ1981 Statutes of Nevada, Page 441 (CHAPTER 232, AB 417)κ
4. Employee contributions made by a public employer [shall] must be deposited in either the public employees retirement fund or the police and firemens retirement fund as is appropriate. These contributions [shall] must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.
5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer [shall] must not be canceled upon the termination of his service.
6. If an employer elects to pay the basic contribution on behalf of its employees, the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:
(a) For all employees except police officers and firemen, 15 percent of compensation.
(b) For police officers and firemen, [17] 18 percent of compensation.
Except as provided in subsection 7, a public employer which has elected to pay the basic contribution on behalf of its employees may, to the extent that the respective percentage rates of such contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of such increase as provided in subsection 2.
7. For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution [shall] must be equally divided between employer and employee.
8. An election by an employer to begin or to discontinue paying the basic contribution on behalf of its employees becomes effective at the beginning of the next fiscal year or established payroll adjustment period.
9. Public employers other than the State of Nevada must pay the entire employee contribution for those employees who contribute to the police and firemens retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution.
Sec. 2. NRS 286.667 is hereby amended to read as follows:
286.667 1. A retired employee whose service retirement allowance is payable from the police and firemens retirement fund is entitled to receive his service retirement allowance without modification.
2. Upon the death of such a person, a person who was his spouse both at the time of his retirement and the time of his death is entitled to receive a benefit equal to 50 percent of the service retirement allowance to which the retired employee was eligible upon attaining the age of 50 years.
3. This section does not apply to [:
(a) A person who begins] a person who:
(a) Begins receiving a service retirement allowance or a benefit from the police and firemens retirement fund before July 1, 1981.
(b) [An] Is an employee of the State of Nevada.
(c) At the time of his retirement, elects one of the alternatives to an unmodified service retirement allowance.
4. Service as an employee of the state and service performed after July 1, 1981, in positions other than as a police officer or fireman, except military service, may not be credited toward the benefit conferred by this section.
κ1981 Statutes of Nevada, Page 442 (CHAPTER 232, AB 417)κ
military service, may not be credited toward the benefit conferred by this section. A police officer or fireman who has performed service which is not creditable toward this benefit may elect to:
(a) Select a retirement option other than one permitted by this section;
(b) Receive the benefit conferred by this section, with a spouses benefit reduced by a proportion equal to that which the service which is not creditable bears to this total service; or
(c) Purchase the additional spouses benefit at the time he retires by paying the full actuarial cost as computed for his situation by the actuary of the system.
5. The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.
Sec. 3. Section 4.5 of chapter 487, Statutes of Nevada 1979, at page 945, is hereby amended to read as follows:
Sec. 4.5. 1. This section and sections 3.3 and 3.7 of this act shall become effective upon passage and approval. Section 3.3 of this act is retroactive to January 1, 1971.
2. Sections 1.2 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1979.
3. Section 3.5 of this act shall become effective on July 1, 1981. [, only if the total contribution rate then required for police officers and firemen equals or exceeds the rate recommended by the biennial actuarial valuation and report on the system as of June 30, 1980.]
Sec. 4. Section 3 of this act shall become effective upon passage and approval.
________
Assembly Bill No. 168Committee on Government Affairs
CHAPTER 233
AN ACT relating to the public employees retirement system; adding an option for the spouse of a deceased member; providing that an employee on leave under certain conditions may remain a member of the system; authorizing the system to withhold money from a benefit or refund; revising the procedure for applying for and receiving disability retirement allowances; authorizing the system to defray the expenses of certain litigation; and providing other matters properly relating thereto.
[Approved May 15, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Except as limited by subsection 2, the spouse of a deceased member who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by option 2 in NRS 286.590.
κ1981 Statutes of Nevada, Page 443 (CHAPTER 233, AB 168)κ
age, is entitled to receive a monthly allowance equivalent to that provided by option 2 in NRS 286.590. This section does not apply to the spouse of a member who was eligible to retire only under subsection 4 of NRS 286.510. For the purposes of applying the provisions of option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under option 2. The benefits provided by this section must be paid to the spouse for the remainder of the spouses life. The spouse may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) NRS 286.674;
(c) NRS 286.676; or
(d) NRS 286.678.
2. The benefits provided by this section may only be paid to the spouses of members who died on or after May 19, 1975.
Sec. 3. 1. A public employee on leave to work for a recognized employee or employer association may remain a member of the system if retirement contributions to the system are continued.
2. When an employee on leave continues to be a member of the system, the public employer from whom the employee is on leave shall include the payment of the contributions and all other required information on his regular monthly retirement report as provided in NRS 286.460. The public employer is not required to pay the employer contribution.
3. For the purposes of this section, compensation shall be deemed to be the salary paid for the position from which the employee is on leave.
4. Any member of the system may purchase credit for any period on or after July 1, 1947, for which contributions were not paid, which qualifies under this section. The member must pay the systems actuary for any necessary computation, and must also pay the full actuarial costs determined by the actuary.
Sec. 4. 1. The effective date of disability retirement for a member whose application for disability retirement has been approved by the board is:
(a) The day after his last day of employment; or
(b) The day after his death, if death intervenes between his application and his retirement.
2. A member whose application for disability retirement has been approved by the board must retire from his employment and begin drawing benefits within 60 days after the date of the approval or he must reapply and be reapproved before he may draw benefits unless he remains on sick leave for the entire period of continued employment.
Sec. 5. 1. Each recipient of a disability retirement allowance shall provide to the system a copy of his federal income tax return and withholding statements for all income for the preceding calendar year by May 1 of each year.
2. The board may adopt regulations to require medical examinations of recipients of disability retirement allowances. Expenses for such medical examinations must be paid from the public employees retirement administrative fund.
κ1981 Statutes of Nevada, Page 444 (CHAPTER 233, AB 168)κ
administrative fund. If any member receiving such benefits refuses a reasonable request from the board to submit to a medical examination, the board may discontinue the payment of his benefits and may provide for the forfeiture of all his benefits which accrue during the discontinuance.
Sec. 6. NRS 286.025 is hereby amended to read as follows:
286.025 1. Except as otherwise provided [with respect to volunteer firemen,] by specific statute, compensation is the salary paid to a member by his principal public employer.
2. The term includes:
(a) Base pay, which is the monthly rate of pay excluding all fringe benefits.
(b) Additional payment for longevity, shift differential, hazardous duty, work performed on a holiday if it does not exceed the working hours of the normal workweek or pay period for that employee, [and:
(1) In the case of a police officer,] holding oneself ready for duty while off duty [.
(2) In the case of a fireman,] and returning to duty after ones regular working hours.
(c) Payment for extra duty assignments if it is the standard practice of the public employer to include such pay in the employment contract or official job description for the calendar or academic year in which it is paid and such pay is specifically included in the members employment contract or official job description.
(d) The aggregate compensation paid by two separate public employers, if one member is employed half time or more by one, and half time or less by the other, if the total does not exceed full-time employment and the duties of both positions are similar and the employment is pursuant to a continuing relationship between the employers.
3. The term does not include:
(a) Payment for overtime, terminal leave or secondary employment.
(b) Payment for employment which is not eligible service.
(c) [Any] Except as provided in NRS 286.477, any bonus or additional salary which is paid to an employee on account of his promise, express or implied, to retire on a specified date or within a specified period, or any bonus or additional salary paid to an employee predicated upon his eligibility to retire whether promised or not. Failure to pay a like bonus or additional salary to another employee in like circumstances who has not promised so to retire creates a rebuttable presumption that payment to the first employee was on account of his promise.
Sec. 7. NRS 286.042 is hereby amended to read as follows:
286.042 1. Fireman means a member who is a full-time employee of a participating public employer, whose principal duties are controlling and extinguishing fires and who is:
(a) A fireman or fire inspector with a city fire department or fire district;
(b) A fireman or fire inspector with a county fire department or fire district;
(c) A fireman with [the Truckee Meadows Fire Protection District, Kingsbury Fire Protection District, or Lake Tahoe Fire District;] a fire protection district or the Airport Authority of Washoe County;
κ1981 Statutes of Nevada, Page 445 (CHAPTER 233, AB 168)κ
(d) A fireman in the division of forestry of the state department of conservation and natural resources; or
(e) The former holder of one of the positions enumerated in paragraphs (a) to (d), inclusive, who has been promoted by the same public employer to a position related to controlling and extinguishing fires.
2. The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed firemen. Service in any position not enumerated in this section does not entitle a member to early retirement as a fireman.
Sec. 8. NRS 286.130 is hereby amended to read as follows:
286.130 1. Two board members [shall] must be citizens:
(a) Who have resided in the state for 2 years immediately preceding their appointment to the board; and
(b) Neither of whom:
(1) Is an employee of a public employer during his term of office on the board; or
(2) Has been such an employee for 2 years immediately preceding his appointment to the board.
2. Three board members [shall] must be:
(a) Persons who have had at last 10 years of service as employees of the State of Nevada or its political subdivisions; and
(b) Persons who:
(1) Are active members of the system;
(2) Have retired pursuant to the provisions of this chapter; or
(3) Are receiving a disability allowance pursuant to the provisions of this chapter.
3. Two board members [shall] must be appointed from [a panel of 10 persons selected pursuant to this subsection. Each of the following classes of public servants shall nominate two persons to be members of the panel:] written nominations submitted by the following groups:
(a) Employees of the state and the University of Nevada System;
(b) The academic staff of school districts, including principals and administrators;
(c) Employees of cities, excluding Carson City;
(d) Employees of counties, including Carson City and excluding employees of county hospitals; and
(e) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the board.
Each nominee must be a member of the group or organization that is nominating him and a member of the system.
4. A member of the board shall serve for 4 years and until his successor is appointed and takes office. Each member of the board [shall] must have the same qualifications and be appointed in the same manner as this chapter prescribes for his predecessor.
Sec. 9. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an assistant executive officer and administrative assistant whose appointments are effective upon confirmation by the [retirement] board. The assistant executive officer and administrative assistant serve at the pleasure of the executive officer.
κ1981 Statutes of Nevada, Page 446 (CHAPTER 233, AB 168)κ
executive officer and administrative assistant serve at the pleasure of the executive officer.
2. The executive officer, assistant executive officer and administrative assistant are entitled to annual salaries fixed by the board with the approval of the interim retirement committee of the legislature. The salary of the executive officer is exempt from the limitations of NRS 281.123.
3. The executive officer [shall:] must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, responsible for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The assistant executive officer [shall] must be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
5. The executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.
Sec. 10. NRS 286.180 is hereby amended to read as follows:
286.180 1. When necessarily absent from home attending to their duties, the members of the board are entitled to receive their actual and necessary traveling expenses and other expenses within the limit fixed [by law.] for state officers and employees.
2. Members of the board are entitled to receive a fee of [$40 per day for attendance at meetings.] $60 per day for:
(a) Attendance at meetings of the board.
(b) Any official function directly related to the system which is approved by the board.
(c) Necessary travel to attend a meeting of the board or a conference or seminar on retirement or to perform an official function described in paragraph (b).
3. Fees and reimbursement for expenses shall be paid from the public employees retirement administrative fund.
4. Fees and reimbursement for expenses must be paid from commitment fees obtained from borrowers whenever the members of the board hold special meetings or perform official functions, as described in paragraph (b) of subsection 2, which are limited solely to mortgage and real estate investments.
Sec. 11. NRS 286.190 is hereby amended to read as follows:
286.190 The board:
1. Has the powers and privileges of a body corporate and, subject to the limitations of this chapter, is responsible for managing the system.
2. Shall:
(a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the system to be prepared by an independent actuary based upon data compiled and supplied by employees of the system, and shall adopt actuarial tables and formulas prepared and recommended by the actuary.
κ1981 Statutes of Nevada, Page 447 (CHAPTER 233, AB 168)κ
shall adopt actuarial tables and formulas prepared and recommended by the actuary.
(b) Provide for a biennial audit of the system, including the administrative fund, by an independent certified public accountant.
(c) Provide an annual report to the [members and participating public employers of the system.] governor, each member of the legislature, each participating public employer, and each participating employee and employer association, and make the report available to all members upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).
3. May:
(a) Adjust the service or correct the records, allowance or benefits of any member, retired employee or beneficiary [,] after an error or inequity has been determined, and require repayment of any money determined to have been paid by the system in error, if the money was paid within 6 years before demand for its repayment.
(b) Examine and copy personnel and financial records of public employers.
(c) Receive requests for membership from state, county or municipal entities which are not presently public employers, and determine whether or not any such entity and its employees qualify for membership as provided by this chapter.
(d) Require an annual notarized statement from a retired employee or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he fails to provide the statement.
Sec. 12. NRS 286.230 is hereby amended to read as follows:
286.230 1. The board shall establish a fund known as the public employees retirement administrative fund in which [shall] must be deposited all administrative fees.
2. The board shall fix an administrative fee per capita sufficient to pay the operating expense of the system. [but not more than $2.20 per month per capita for police officers and firemen and $2 per month per capita for all other members.] The system shall transfer monthly from the respective retirement funds to the public employees retirement administrative fund the amount of the per capita fee multiplied by the combined number of members and persons receiving allowances from that fund.
3. The board may establish a separate and additional administrative fee for police officers and firemen and their public employers to pay the additional expense of maintaining a separate fund and to pay the actual and necessary travel expenses and other expenses, within the limits established by the board, for meetings of the police and firemens retirement fund advisory committee.
Sec. 12.2. NRS 286.300 is hereby amended to read as follows:
286.300 1. Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the systems actuary for a computation of costs and pay the full actuarial cost as determined by the actuary.
κ1981 Statutes of Nevada, Page 448 (CHAPTER 233, AB 168)κ
computation of costs and pay the full actuarial cost as determined by the actuary.
2. Any member of the system may purchase credit for any period of service for which contributions were not paid while the member was receiving temporary total disability benefits for an industrial injury, if the injury was sustained on a job for which contributions were required. The member must pay the systems actuary for any necessary computation, and must also pay the full actuarial cost determined by the actuary.
3. Any member who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal [public system] agency if that service is no longer creditable in [the other] another public retirement system. To validate that service, the member must obtain a certification of the inclusive dates of previous service performed with the other public [system,] agency, together with certification from that [system] agency that this credit is no longer creditable in [the other] another public retirement system. Upon application to retire, the system shall ascertain whether or not the purchased service has been reestablished in [the other] any other public retirement system. The member must pay the systems actuary for the computation of cost, and pay the full actuarial cost as determined by the actuary. For the purposes of this subsection, the federal old-age and survivors insurance system is not a public retirement system.
4. Any member who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if that service is no longer credited in the military retirement system. To validate military service, the member must provide certification of the inclusive dates of active military service performed, pay the systems actuary for the computation of cost, and pay the full actuarial cost as determined by the actuary.
5. Any contributing member may purchase previous service performed for any public employer, including service as an elected officer or a person appointed to an elective office for an unexpired term. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate that service. The member must pay the systems actuary for a computation of cost and pay the full actuarial cost as determined by the actuary.
6. A member who participated in a system combined with Social Security may purchase service pursuant to this section if he cancels his membership in the other retirement system, and the fact that Social Security coverage cannot be canceled does not affect his rights under this section. A member may also purchase service performed in another public employment which provided only Social Security coverage.
Sec. 12.4. (Deleted by amendment.)
Sec. 12.6. NRS 286.321 is hereby amended to read as follows:
286.321 The following employees of public employers shall participate in the system:
1. Those employed on or after July 1, 1977, in positions considered to be halftime or more according to the full-time work schedule established for that public employer.
2. Elected officials or persons appointed to elective positions who are elected or appointed after July 1, 1975, except where excluded by NRS 286.330.
κ1981 Statutes of Nevada, Page 449 (CHAPTER 233, AB 168)κ
elected or appointed after July 1, 1975, except where excluded by NRS 286.330.
3. A member whose allowance is vested or who is contributing immediately before a legislative session who is employed on or after January 1, 1981, by either house of the legislature or by the legislative counsel bureau.
Sec. 12.8. NRS 286.330 is hereby amended to read as follows:
286.330 The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Except as provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Substitute teachers and students who are employed by the institution which they attend.
6. District court judges and supreme court justices first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
7. Members of the professional staff of the University of Nevada System who are employed on or after July 1, 1977.
8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. [Persons] Except as otherwise provided in NRS 286.321, persons assigned to intermittent or temporary positions unless the assignment exceeds 120 consecutive days in any fiscal or calendar year.
10. Persons employed on or after July 1, 1981, as part-time guards at school crossings.
Sec. 13. NRS 286.410 is hereby amended to read as follows:
286.410 1. The employee contribution rate is [8.5] 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members.
2. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board. [Such contributions shall] The contributions must be paid on compensation earned by a member from his first day of service.
3. Any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute [an additional 0.5 percent of compensation earned in this position] the additional contributions required of police officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemens retirement fund, if employment in this position occurred prior to July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemens retirement fund, if employment occurs later.
κ1981 Statutes of Nevada, Page 450 (CHAPTER 233, AB 168)κ
officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemens retirement fund, if employment in this position occurred prior to July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemens retirement fund, if employment occurs later.
4. The system shall guarantee to each member the return of at least the total employee contributions which the member has made and which was credited to his individual account. These contributions may be returned to the member, his estate or beneficiary or a combination thereof in monthly benefits, a lump sum refund or both.
5. Disabled members who are injured on the job and receive industrial insurance benefits for temporary total disability shall remain contributing members of the system for the duration of such benefits if and while the public employer continues to pay the difference between these benefits and his regular compensation. The public employer shall pay the employer contributions on these benefits.
Sec. 14. NRS 286.430 is hereby amended to read as follows:
286.430 1. A member may withdraw the employee contributions credited to his individual account if:
(a) He has terminated service for which contribution is required; or
(b) He is employed in a position for which contribution is prohibited.
2. The system shall not refund these contributions until it has received:
(a) A properly completed application for refund;
(b) A notice of termination from the members public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited;
(c) Except as otherwise provided in subsection 3, all contributions withheld from such members compensation.
3. A refund of a members contributions may be made before receipt by the system of all contributions withheld from a members compensation if the members public employer certifies to the amount of contributions withheld but not yet remitted to the system and to such public employers responsibility for such remittance.
4. Refunds, pursuant to this section, [shall] must be made by check mailed to the address specified by a member in his application for refund.
5. All membership rights and active service credit in the system, including service for which the public employer paid the employee contributions, are canceled upon the withdrawal of contributions from a members account.
6. Any member whose employment is involuntarily terminated and who is thereafter reinstated retroactively to employment with a participating public employer by order of any administrative or judicial authority, or by the terms of any settlement agreement, so that there is no effective break in his service shall repay to the system all employee contributions withdrawn pursuant to subsection 1, together with interest on that amount from the date of withdrawal to the date of repayment at the assumed investment income rate used in the most recent actuarial valuation of the system.
κ1981 Statutes of Nevada, Page 451 (CHAPTER 233, AB 168)κ
valuation of the system. The members public employer shall deduct from any back pay awarded or granted to the member all of employee contributions withdrawn by the member together with the required interest and forward this amount to the system. If the amount of back pay awarded or granted to the member is not sufficient to repay all the withdrawn employee contributions and the required interest, the member shall pay any balance due to the system under a reasonable plan for payment established by the system. Upon receipt by the system of the full amount of the employee contributions previously withdrawn and the required interest, the member is entitled to all the membership rights and service credit which were canceled by the withdrawal of contributions from the members account.
Sec. 15. NRS 286.450 is hereby amended to read as follows:
286.450 1. The employer contribution rate is [8.5] 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members.
2. The public employer of any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute [an additional 0.5 percent of compensation earned in this position] the additional contributions required of police officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemens retirement fund, if employment in this position occurred prior to July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemens retirement fund, if employment occurs later.
Sec. 16. NRS 286.460 is hereby amended to read as follows:
286.460 1. Each participating public employer which pays compensation to its officers or employees in whole or in part from funds received from sources other than money appropriated from the state general fund, shall pay public employer contributions, or the proper portion thereof, to the system from the funds of the department, board, commission or agency.
2. Public employer contributions for compensation paid from the state general fund [shall] must be paid directly by each department, board, commission or other agency concerned, and allowance therefor shall be made in the appropriation made for each such department, board, commission or other state agency.
3. All participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due to the system. The 15-day limit is extended 1 working day for each legal holiday that falls within the 15-day period and is officially recognized by the public employer. [Such] These payroll reports [shall] must contain information deemed necessary by the board. If the payroll reports are not filed or the amounts due are not [paid at] remitted within the time provided, a penalty equal to the assumed investment income rate per annum used in the most recent actuarial valuation of the system, prorated for the period delinquent, on the unpaid balance due [shall] must be added to the amount to be paid. The notice of penalty assessed for delinquent reports [shall] must be mailed by certified mail to the chief administrator of the delinquent public employer.
κ1981 Statutes of Nevada, Page 452 (CHAPTER 233, AB 168)κ
to the chief administrator of the delinquent public employer. The public employer shall pay the assessment within 90 days after receipt of the notice or an additional penalty of 1 percent of the assessment per month [shall] must be imposed until paid. Refusal or failure by the public employer to pay the assessment within 12 months after receipt is a misdemeanor on the part of the chief administrator of the delinquent public employer. The retirement board may accept an appeal from a public employer for waiver or reduction of a penalty assessed on account of extenuating circumstances and make any adjustment it deems necessary.
4. Upon notification that a current employee was not properly enrolled in the system by the public employer, the public employer shall pay within 90 days all the employee and employer contributions and the interest that is due as computed by the system from the first day the employee was eligible for membership. The public employer is entitled to recover from the employee the employee contributions and interest thereon.
5. As used in this section, reporting period means the calendar month for which members compensation and service credits are reported and certified by participating public employers. Compensation paid during each month [shall] must be reported separately, and retroactive salary increases [shall] must be identified separately for each month to which they apply.
Sec. 17. NRS 286.477 is hereby amended to read as follows:
286.477 1. An employee may receive full service credit for part-time employment if:
(a) The employee and his employer enter into an agreement covering his part-time employment and the agreement is approved by the board;
(b) The employee is 55 years of age or older and has 30 or more years of service, or is 60 years of age or older [,] and has [contributed to the system on a full-time basis for 10 years or more,] 10 or more years of service, as of the date on which the agreement becomes effective;
(c) The employee works half time or more, but less than full time, according to the regular schedule established by the employer for his position;
(d) The employee and the employer make contributions equal to the lesser of:
(1) The amount which a person serving on a full-time basis in the position would contribute and which his employer would contribute for him; or
(2) The amount which the employee and employer contributed during the last 12 months of the employees full-time employment [;] , adjusted to include increases to offset higher costs of living provided to similarly situated employees of the same public employer;
(e) Employment ends on or before the fifth anniversary of the day on which the agreement became effective; and
(f) The employee agrees in writing to the forfeiture of credit provided in subsection 2.
2. An employee loses all service credit which he did not earn by actual work and which has accrued pursuant to this section if he:
(a) Returns to full-time employment in the service of any public employer at any time after beginning part-time work under the agreement, except for full-time employment as an elected public officer as a result of appointment to an elective office.
κ1981 Statutes of Nevada, Page 453 (CHAPTER 233, AB 168)κ
employer at any time after beginning part-time work under the agreement, except for full-time employment as an elected public officer as a result of appointment to an elective office.
(b) Continues in his part-time employment beyond the fifth anniversary of the day on which the agreement became effective.
Sec. 17.5. NRS 286.510 is hereby amended to read as follows:
286.510 1. Except as provided in subsection 2, a member of the system is eligible to retire at age 60 if he has at least 10 years of service, and at age 55 if he has at least 30 years of service.
2. A police officer or fireman is eligible to retire at age 55 if he has at least 10 years of service, and at age 50 if he has at least 20 years of service. Only service performed in a position as a police officer or fireman, established as such by statute or regulation, and credit for military service, may be counted toward eligibility for retirement pursuant to this subsection.
3. Eligibility for retirement, as provided in this section, does not require the member to have been a participant in the system at the beginning of his credited service.
4. Any member who has the years of creditable service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection shall be reduced by 6 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.5 percent for each additional month that the member is under the appropriate retirement age. Any option selected under this subsection shall be reduced an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.
Sec. 18. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has 5 years or more of service credit and who becomes totally unable to perform [a] his current job or any comparable job for which he is qualified by his training and experience, because of injury or mental or physical illness of a permanent nature is [entitled] eligible to [receive a] apply for disability retirement [allowance] if:
(a) Except as provided in subsection [6,] 5, his employment [is] will be terminated because of such disability;
(b) He is in the employ of a participating [member] public employer at the time of [incapacitation for service;] application for disability retirement;
(c) He [has been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation is the result of injuries incurred in the course of such employment;] proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;
(d) He files [official] a notarized application for disability retirement with the system [prior to termination of employment with the public employer;] which indicates a selection of option and to which is attached a personal statement by the member, describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source;
κ1981 Statutes of Nevada, Page 454 (CHAPTER 233, AB 168)κ
a personal statement by the member, describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source;
(e) The public employer files an official statement certifying the members employment record, job description, work evaluations, record of disability and absences that have occurred because of the disability; and
(f) The immediate supervisor of the member files an official statement regarding the [disability incident,] effect upon the work of the member after the disability, job functions that can [no longer] and cannot be performed because of the disability, and whether or not there are [related activities] alternative jobs that can be performed by the member.
2. [If 6 months or more of employment immediately precede the incapacitation, such injury or mental or physical illness need not have arisen out of and in the course of employment.
3. Such] The amount of the disability retirement allowance [shall] must be calculated in the same manner [and under the same conditions] as provided for service retirement calculations in NRS 286.551, except that [age is not a condition of eligibility] no reduction for the members age may be made and that the allowance [shall] must be reduced by the amount of any other benefit received from any source on account of the same disability:
(a) If such benefit is provided or was purchased by the expenditure of [public moneys;] money by a Nevada public employer; and
(b) To the extent that the total [benefit] of the unmodified benefit and the other benefit would otherwise exceed his average compensation.
[4.] 3. A member may apply for disability retirement even if he is eligible for service retirement.
[5.] 4. Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 286.673 only if the decedent had not reached the age and completed the service required to [receive] be eligible for a service retirement allowance [.] , except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.
[6.] 5. If a member whose application for disability retirement has been [approved] :
(a) Approved, dies before his employment is terminated, but within 60 days after his application was approved; or
(b) Received by the system, dies before the board has acted upon his application and the board approves thereafter his application,
his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.
Sec. 19. NRS 286.630 is hereby amended to read as follows:
286.630 1. The board shall designate medical advisers [who are specialists in their respective fields of medicine and who maintain their medical practices in the Reno-Carson City or Las Vegas areas. As directed by the board, the medical advisers shall] to review information which has been submitted by the private physician of the member, conduct medical examinations, make recommendations and consult with the board concerning applications for disability [allowances.] retirement.
κ1981 Statutes of Nevada, Page 455 (CHAPTER 233, AB 168)κ
2. The board shall require a medical [examinations of all applicants] examination of each applicant for disability retirement. [allowances. Such examinations shall] The examination must at least consist of:
(a) An examination at an applicants expense and by his personal physician who shall submit a written statement to the board describing the nature and extent of the applicants disability [;] , the physicians statement whether or not the member is disabled, and copies of any medical information necessary to support the statement; and
(b) A review of the written statement from the applicants physician by the boards medical advisers.
[If the medical advisers deem it necessary, the advisers, or any one of them, may conduct] The member shall provide any additional information which the board or medical advisers deem necessary and shall submit to an additional medical examination [of the applicant.] upon the request of the board. The costs of such additional examination [shall] must be paid from the public employees retirement administrative fund.
3. [The board may adopt regulations providing for medical examinations of persons receiving disability retirement allowances. Expenses for such medical examinations shall be paid from the public employees retirement administrative fund. If any person receiving such an allowance refuses a reasonable request from the board to submit to a medical examination, the board may discontinue the payment of his allowance and may further provide for the forfeiture of all allowances accruing during such discontinuance.] The board shall consider the complete application for disability retirement and the recommendations of its staff and the medical advisers, and approve or deny the application.
4. A member may apply to the board for one reconsideration [of a decision concerning the eligibility of an applicant for a disability retirement allowance or the discontinuance of such an allowance.] within 45 days after the denial by the board of his application, if the member can present new evidence which was not available or the existence of which was not known to him at the time the board originally considered his application.
Sec. 20. NRS 286.640 is hereby amended to read as follows:
286.640 1. When [a disability beneficiary] the recipient of a disability retirement allowance is determined by the board to be [not incapacitated to the extent that he is disabled from performance of duty,] no longer disabled, his [disability] allowance [shall] must be canceled. [forthwith.]
2. [A] An employee retired on account of disability [retiree] whose benefit is canceled may [apply] :
(a) Apply for a refund of unused contributions [or suspend] ;
(b) Suspend his monthly benefit until eligible for service retirement [.] ; or
(c) Elect a service retirement reduced for his age if he has the service credit necessary to retire.
Sec. 21. NRS 286.650 is hereby amended to read as follows:
286.650 [Whenever a member] 1. Except as provided in subsection 2, whenever a recipient of a disability retirement allowance returns to employment with a participating public employer [after having received a disability retirement allowance,] , the allowance must be discontinued, he shall again become a contributing member of the system and his service credit at time of disability retirement [shall] must be restored.
κ1981 Statutes of Nevada, Page 456 (CHAPTER 233, AB 168)κ
a disability retirement allowance,] , the allowance must be discontinued, he shall again become a contributing member of the system and his service credit at time of disability retirement [shall] must be restored. His employee contributions, which [shall] must be equivalent to his total employee contributions at time of disability less 15 percent of total disability benefit paid, [shall] must be returned to his individual member account. The member shall retire under the same retirement plan previously selected [as a disability retiree] for retirement on account of disability if he returns to disability retirement or elects service retirement within 1 year after his return to employment.
2. A recipient of a disability retirement allowance may be employed and continue to receive part of this allowance if he applies to the board for approval of the employment before he begins to work and the board approves his application. The application must include:
(a) A full description of the proposed employment; and
(b) A statement written by the member declaring the reasons why the proposed employment should not be found to conflict with his disability.
3. Whenever a recipient of a disability retirement allowance is employed pursuant to subsection 2:
(a) The amount of his allowance must be adjusted. If the total of his gross income from the employment and his disability retirement allowance:
(1) Does not exceed his average compensation as adjusted by any post-retirement allowances, the system shall deduct $1 from his benefits for each $4 of gross income from the employment.
(2) Exceeds his average compensation as adjusted by any post-retirement allowances, the system shall deduct $1 from his benefits for each $2 of gross income from the employment.
(b) All adjustments made pursuant to paragraph (a) must be made on an estimated basis for the period of employment and adjusted to the actual amount annually or at the time he resigns or is discharged from the employment.
(c) If the gross income from the employment exceeds his average compensation, as adjusted by any post-retirement allowances, for a period of 1 year, the board shall require a reevaluation of his disability.
4. For the purposes of this section:
(a) Average compensation means the average of a members 36 consecutive months of highest compensation as certified by the public employer.
(b) Employment includes all employment, whether for a public employer or not, and all self-employment.
Sec. 22. NRS 286.670 is hereby amended to read as follows:
286.670 [The] 1. Except as limited by subsection 2, the right of a person to a pension, an annuity, a retirement allowance, the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the various funds created by this chapter, [shall:] is:
[1. Be exempt] (a) Exempt from all state, county and municipal taxes.
κ1981 Statutes of Nevada, Page 457 (CHAPTER 233, AB 168)κ
[2. Not be] (b) Not subject to execution, garnishment, attachment or any other process.
[3. Not be] (c) Not subject to the operation of any bankruptcy or insolvency law.
[4. Not be] (d) Not assignable, by power of attorney or otherwise.
2. The system may withhold money from a refund or benefit when the person applying for or receiving the refund or benefit owes money to the system.
Sec. 22.5. NRS 286.676 is hereby amended to read as follows:
286.676 1. Except as limited by subsection 2, the spouse of a deceased member whose allowance was fully vested is entitled to receive a monthly allowance equivalent to that provided by Option 3 in NRS 286.590. For purposes of applying the provisions of Option 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under Option 3. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection shall be paid to the spouse for the remainder of such spouses life. The spouse may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) NRS 286.674; or
(c) NRS 286.678.
2. The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the members death and to the amounts provided in this subsection. If, at the time of his death, such a member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive the sum of $100 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, a member had 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive $125 per month or 50 percent of the average salary received by such member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, [shall] must cease upon the death or remarriage of the spouse. Benefits under this section [shall not be] are not renewable following termination.
3. The benefits provided by subsection 1 may only be paid to the spouses of members who died on or after May 19, 1975.
Sec. 23. NRS 286.6793 is hereby amended to read as follows:
286.6793. 1. All retirement allowances or benefits for survivors offered pursuant to this chapter become vested on the date that the employee completes 10 years of creditable service or becomes entitled to begin receiving such benefits or on the date of his death, whichever event occurs first. Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter is retroactive for all service of any member prior to the date of vesting, but no such change may impair any vested allowance or benefit.
κ1981 Statutes of Nevada, Page 458 (CHAPTER 233, AB 168)κ
2. Any person employed by the state or its political subdivisions who is a participating member of the system, who has been employed for a period of 10 or more years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
Sec. 23.5. NRS 286.686 is hereby amended to read as follows:
286.686 1. The board may invest the [moneys] money in its funds in real property, real property mortgages and leases of real property if the board first obtains appraisals and other studies by [qualified professionals] professionally qualified persons establishing the value of the property and the probable return on such proposed investment.
2. The board may invest in real property mortgages or deeds of trust up to 80 percent of the appraised value of the real property if the mortgage or deed of trust is secured by a first lien on the property.
3. The board may enter into contracts as it deems necessary to execute and manage investments made pursuant to this chapter. Reimbursements to employees for their expenses incurred in evaluations or inspections conducted with respect to proposed real estate investments must be paid from commitment fees paid to the system by prospective borrowers.
4. The board shall keep applications under this section confidential unless and until it finally approves the investment. Documents related to the investment then become public records, except for:
(a) Wills and trust agreements;
(b) Financial statements and copies or excerpts of income tax returns;
(c) Legal and financial evaluations; and
(d) Such other documents as the board determines contain information whose disclosure would invade the legitimate personal or financial privacy of the applicant.
Sec. 24. NRS 218.2375 is hereby amended to read as follows:
218.2375 1. [The] The board shall establish a fund known as the legislators retirement fund. [is hereby created in the state treasury.]
2. All [moneys] money paid as individual and employer contributions, all [moneys] money appropriated by the legislature to [such] the fund and all income accruing to [such] the fund from all other sources [shall] must be deposited in the legislators retirement fund.
3. [All] The system shall pay all retirement allowances, benefits, optional settlements, refunds and other obligations or payments payable by the legislators retirement system pursuant to NRS 218.2371 to 218.2395, inclusive, [shall be paid] from the legislators retirement fund.
Sec. 25. NRS 218.23831 is hereby amended to read as follows:
218.23831 1. Any member of the legislators retirement system may purchase all previous creditable service performed in the legislature if such service was performed prior to the creation of this system. The director of the legislative counsel bureau must certify the inclusive dates of service of the legislator to validate the service. The legislator must pay the boards actuary for a computation of costs and pay the full cost as determined by the actuary.
κ1981 Statutes of Nevada, Page 459 (CHAPTER 233, AB 168)κ
2. Any legislator may purchase credit for any period of service for which contributions were not paid while the legislator was receiving temporary total disability benefits for an industrial injury, if the injury was sustained in performance of his legislative duties for which contributions were required. The legislator must pay the boards actuary for any necessary computation, and must also pay the full actuarial costs determined by the actuary.
3. Any legislator who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public [system] agency if that service is no longer creditable in [the other] another public retirement system. To validate such service, the legislator must obtain a certification of the inclusive dates of previous service performed with the other public [system,] agency, together with certification from that [system] agency that his credit is no longer creditable in [the other] another public retirement system. Upon application to retire, the board shall ascertain whether or not the purchased service has been reestablished in [the other] any other public retirement system. The legislator must pay the boards actuary for the computation and pay the full actuarial [costs] cost as determined by the actuary. For the purposes of this subsection, the federal old-age and survivors insurance system is not a public retirement system.
4. Any legislator who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if such service is no longer credited in the military retirement system. To validate military service, the legislator must provide certification of the inclusive dates of active military service performed, pay the boards actuary for the computation and pay the full actuarial cost as determined by the actuary.
5. Any contributing legislator may purchase previous service performed for any public employer which [was not] is not already credited in the [public employees] legislators retirement system, including service as an elected officer or a person appointed to an elective office for an unexpired term. The former public employer must certify the inclusive dates of employment and number of hours regularly worked by the legislator to validate such service. The legislator must pay the boards actuary for computation of cost and pay the full cost as determined by the actuary.
6. [A legislator who provides proper documentation and establishes the right to purchase any of the service listed in this section may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the normal employee and employer contribution rates which are in effect at the time of the legislators retirement times his final average salary and without interest. Service purchased under this subsection must not be credited until retirement, nor may it be considered as validated service to provide eligibility for vesting, survivor benefits or disability retirement. This service can be used for regular retirement eligibility.
7. The legislative commission may pay from the legislative fund the employers share of the cost to validate service under this section, but is not required to do so. No credit, however, may be validated unless both the employer and employee contributions have been paid.
κ1981 Statutes of Nevada, Page 460 (CHAPTER 233, AB 168)κ
8. The legislator or legislative commission, or both, purchasing credit under this section shall pay the full current administrative fees for each month of service purchased.]
Sec. 26. NRS 218.2388 is hereby amended to read as follows:
218.2388 1. The minimum requirement for retirement is 8 years of accredited service. [at the age of 60 years.] A lapse in service as a legislator [shall] does not operate to forfeit any retirement rights accrued [prior to such] before the lapse, and a legislator with 9 or more years of accredited service may receive an allowance at age 60 years regardless of any lapse after accrual of 9 years of accredited service.
2. A legislator who meets this requirement may retire:
(a) At the age of 60 years or older with a full allowance.
(b) At any age less than 60 years with an allowance or benefit actuarially reduced to the age of 60 years. An allowance or benefit under this subsection must be reduced by 6 percent of the unmodified amount for each full year that the member is under the age of 60 years, and an additional 0.5 percent for each additional month that the member is under the age of 60 years. Any option selected must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified allowance or benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.
Sec. 27. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth in sections 28 and 29 of this act.
Sec. 28. 1. A legislator who provides proper documentation and establishes the right to purchase any of the service listed in NRS 218.23831 may defer payment until actual retirement. Under this subsection, the purchases of service must be based on the full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service can be used for service retirement eligibility.
2. The legislative commission may pay any portion of the cost to validate service under NRS 218.23831, but is not required to do so. No credit may be validated unless both the employer and the employee contributions have been paid.
3. The legislator or legislative commission, or both, purchasing credit under NRS 218.23831 shall pay the full current administrative fees for each month of service purchased.
Sec. 29. Except as specifically provided in NRS 218.2371 to 218.2375, inclusive, the accounts of members and recipients of benefits of the legislators retirement system must be administered in accordance with the provisions of chapter 286 of NRS as if the legislator were or had been a member of the public employees retirement system.
Sec. 30. NRS 218.2376, 218.2378, 218.2384, 218.2385, 218.2386, 218.2389 and 218.2394 are hereby repealed.
Sec. 31. If the approval of the interim retirement committee is first obtained, the public employees retirement board may defray, from the public employees retirement fund and the police and firemens retirement fund in equitable proportions, the expenses of litigation to test the legality of mandatory social security coverage of public employees if such litigation is required as a result of actual enactment of federal legislation.
κ1981 Statutes of Nevada, Page 461 (CHAPTER 233, AB 168)κ
litigation is required as a result of actual enactment of federal legislation. The legislature finds that such expenditure, if made, is a proper expense for the protection of the public employees retirement system.
Sec. 32. The state controller shall draw his warrant in favor of the public employees retirement system for the amount of money in the legislators retirement fund.
________
Senate Bill No. 402Committee on Government Affairs
CHAPTER 234
AN ACT relating to public officers; removing sex as a basis for eligibility for service on a posse; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 248.200 is hereby amended to read as follows:
248.200 1. When a sheriff [shall find, or have] finds or has reason to apprehend [,] that resistance will be made to the execution of his process, he may command as many [male] inhabitants of his county as he [may think] thinks proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.
2. The sheriff shall certify to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they be proceeded against for their contempt of court.
Sec. 2. NRS 281.290 is hereby amended to read as follows:
281.290 1. When a public officer authorized to execute process [shall find, or have] finds or has reason to apprehend [,] that resistance will be made to the execution of his process, he may command as many [male] inhabitants of his county as he [may think] thinks proper, and may call upon the governor for military aid in the manner provided by law, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.
2. The officer shall certify, to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they be proceeded against for their contempt of court.
________
κ1981 Statutes of Nevada, Page 462κ
Assembly Bill No. 204Committee on Judiciary
CHAPTER 235
AN ACT relating to the attorney general; empowering him to subpena documents; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 228.120 is hereby amended to read as follows:
228.120 The attorney general may:
1. Appear before any grand jury, when in his opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this state; examine witnesses before the grand jury, and draw indictments or presentments for the grand jury, and thereafter conduct the proceedings.
2. Exercise supervisory powers over all district attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.
3. Appear in, take exclusive charge of and conduct any prosecution in any court of this state for a violation of any law of this state, when in his opinion it is necessary, or when requested to do so by the governor.
4. [Issue subpenas, subscribed by him, for witnesses within the state, in support of the prosecution, or for such other witnesses as the grand jury may direct to appear before it, upon any investigation pending before it; and he may, in like manner, issue subpenas, subscribed by him, for witnesses within the state, in support of an indictment, to appear before the court before which it is to be tried.] In any proceeding conducted by a grand jury or in any criminal prosecution in any court, issue subpenas for witnesses together with any books, memoranda, papers and other documents.
5. When acting pursuant to any provision of law allowing or requiring him to act in a criminal matter, after first obtaining leave of the court which has jurisdiction to try the matter, institute criminal proceedings:
(a) By filing a complaint in a justices or municipal court, where a misdemeanor is charged; or
(b) By filing a complaint and commencing a preliminary examination where a gross misdemeanor or felony is charged and thereafter filing an information in the district court,
and may conduct those proceedings.
________
κ1981 Statutes of Nevada, Page 463κ
Senate Bill No. 321Committee on Judiciary
CHAPTER 236
AN ACT relating to estates of decedents; clarifying the time within which an appeal may be made; clarifying the effect of discharging fiduciaries to the estate from liability; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 151.230 is hereby amended to read as follows:
151.230 1. When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, on the order of the court, all the property of the estate to the persons entitled, and has performed all acts lawfully required of him, the court shall make a decree discharging him and his sureties from all liability thereafter to be incurred.
2. The provisions of this section do not bar a successful appellant from a decree for the distribution of an estate from the recovery of any property distributed to an heir, devisee or legatee pursuant to the decree.
Sec. 2. NRS 155.190 is hereby amended to read as follows:
155.190 In addition to any order or decree from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after its entry, from an order or decree:
1. Granting or revoking letters testamentary or letters of administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed $1,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt from execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming the sale of property.
7. Settling an account of an executor, administrator or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing an executor or administrator.
10. Directing or allowing the payment of a debt, claim, legacy or attorneys fee.
11. Determining heirship or the persons to whom distribution [should] must be made or trust property [should] must pass.
12. Distributing property.
13. Refusing to make any order [heretofore] mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $1,000.
________
κ1981 Statutes of Nevada, Page 464κ
Senate Bill No. 307Committee on Judiciary
CHAPTER 237
AN ACT relating to criminal procedure; removing the requirement of a presentence report when sentence is fixed by a jury; permitting a defendant to waive a presentence report; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.135 is hereby amended to read as follows:
176.135 1. The probation service of the district court shall make a presentence investigation and report to the court on each defendant who pleads guilty or nolo contendere to or is found guilty of a felony. The report must be made before the imposition of sentence or the granting of probation [.] except when:
(a) A sentence is fixed by a jury; or
(b) With the consent of the court, a defendant waives the presentence investigation and report.
2. Upon request of the court, the service shall make presentence investigations and reports on defendants who plead guilty or nolo contendere to or are found guilty of gross misdemeanors.
________
Assembly Bill No. 144Assemblymen Chaney and Bennett
CHAPTER 238
AN ACT relating to vital statistics; removing the requirement of binding certificates; designating the place of birth for children born in moving conveyances; changing the requirements for filing a death certificate; specifying fees; making certain administrative changes; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 440.160 is hereby amended to read as follows:
440.160 The state registrar shall:
1. Arrange [, bind] and permanently preserve the certificates in a systematic manner.
2. Prepare and maintain a comprehensive and continuous card index of all births and deaths registered. The cards [shall] must show the name of the child or the deceased, the place and date of birth or death [,] and the number of the certificate. [, and the volume in which it is contained.] When a certificate of birth indicates that a person has changed his name, the card index [shall] must contain a card for each name.
Sec. 2. NRS 440.175 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 465 (CHAPTER 238, AB 144)κ
440.175 1. Upon request, the state registrar may furnish statistical data to [:
(a) The Public Health Service in the Department of Health, Education, and Welfare, upon reimbursement for the cost of furnishing such data.
(b) Any other] any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the board.
2. No person may prepare or issue any document which purports to be an original, certified copy or official copy of:
(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the board.
(b) A certificate of marriage, except a county recorder or a person so required pursuant to NRS 122.120.
(c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.
Sec. 3. NRS 440.280 is hereby amended to read as follows:
440.280 1. If a birth occurs in a hospital or the mother and child are immediately transported to a hospital, the person in charge of the hospital or his designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or his designated representative shall complete and sign the certification.
2. If a birth occurs outside a hospital and the mother and child are not immediately transported to a hospital, the birth certificate [shall] must be prepared and filed by one of the following persons in the following order of priority;
(a) The physician in attendance at or immediately after the birth;
(b) Any other person in attendance at or immediately after the birth;
(c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.
3. If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.
4. In cities, the certificate of birth [shall] must be filed at a less interval than 10 days after the birth if so required by municipal ordinance or regulation. [now in force or which may hereafter be enacted.
4.] 5. Unless paternity has been determined otherwise by a court of competent jurisdiction, if the mother was:
(a) Married at the time of birth, the name of her husband [shall] must be entered on the certificate as the father of the child.
(b) Unmarried or widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception [shall] must be entered on the certificate as the father of the child.
[5.] 6. If the mother was unmarried at the time of birth and conception, the name of the father [shall] must be entered on the original certificate of birth if the father executes an affidavit acknowledging paternity of the child and the mother consents thereto.
κ1981 Statutes of Nevada, Page 466 (CHAPTER 238, AB 144)κ
certificate of birth if the father executes an affidavit acknowledging paternity of the child and the mother consents thereto. If both the father and mother execute an affidavit acknowledging paternity of the child and consenting to the use of the surname of the father as the surname of the child, the name of the father [shall] must be entered on the original certificate of birth and the surname of the father [shall] must be entered thereon as the surname of the child. Affidavits executed pursuant to this subsection [shall] must be submitted to the local health officer, his authorized representative, or the attending physician or midwife prior to the time a proper certificate of birth is forwarded to the state registrar. The affidavits executed pursuant to this subsection [shall] must then be delivered to the state registrar for filing. The state registrars file of affidavits [shall] must be sealed an affidavits in the file may be examined only upon order of a court of competent jurisdiction or request of either the father or mother executing the affidavit. The local health officer shall complete the original certificate of birth in accordance with this subsection and other provisions of this chapter. The name of the father [shall] may not otherwise appear on the original certificate of birth unless paternity has been determined by a court of competent jurisdiction.
[6.] 7. If a determination of paternity has been made by a court of competent jurisdiction, the name of the father as determined by the court [shall] must be entered on the certificate.
Sec. 4. NRS 440.310 is hereby amended to read as follows:
440.310 1. Whenever the state registrar received a certified report of adoption, amendment or annulment of adoption filed in accordance with the provisions of NRS 127.157 or the laws of another state or foreign country, or a certified copy of the adoption decree he shall prepare a supplementary certificate of birth in the new name of the adopted person which shows the adoptive parents as the parents, and, except as provided in subsection 2, seal and file the report or decree and the original certificate of birth.
2. Whenever the state registrar receives a certified report of adoption, amendment or annulment of an order or decree of adoption from a court concerning a person born outside this state, the report must be forwarded to the office responsible for vital statistics in the persons state of birth. If the birth occurred in a foreign country, the report must be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency unless a birth certificate has been prepared pursuant to NRS 440.303, in which case the state registrar shall, if he receives evidence that:
(a) The person being adopted is a citizen of the United States; and
(b) The adoptive parents are residents of Nevada,
prepare a supplementary certificate of birth as described in subsection 1.
3. Sealed documents may be opened only upon an order of the court issuing the adoption decree, expressly so permitting, pursuant to a petition setting forth the reasons therefor.
4. Upon the receipt of a certified copy of a court order of annulment of adoption, the state registrar shall restore the original certificate to its original place in the files.
Sec. 5. NRS 440.380 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 467 (CHAPTER 238, AB 144)κ
440.380 1. The medical certificate of the death [shall] must be signed by the physician, if any, last in attendance on the deceased, or pursuant to regulations [which may be issued] adopted by the board, it may be signed by the attending physicians associate physician, the chief medical officer of a hospital or institution in which death occurred, or the pathologist who performed an autopsy upon the deceased. The person who signs the medical certificate of death shall specify:
(a) [The time in attendance.
(b) The time he last saw the deceased alive.
(c)] The hour [of the day at] and day on which death occurred.
[(d)] (b) The cause of death, so as to show the cause of disease or sequence of causes resulting in death, giving first the name of the disease causing death (primary cause), and the contributory (secondary) cause, if any, and the duration of each.
2. In deaths in hospitals or institutions, or of nonresidents, the physician shall furnish the information required under this section, and may state where, in his opinion, the disease was contracted.
Sec. 6. NRS 440.490 is hereby amended to read as follows:
440.490 The undertaker or person acting as undertaker shall present the completed certificate [to the local health officer.] of death to the local registrar within 72 hours after the occurrence or discovery of the death. If a case is referred to the coroner, he shall present a completed certificate to the local registrar upon disposition of the investigation.
Sec. 7. NRS 440.670 is hereby amended to read as follows:
440.670 1. Upon request, the state registrar shall supply to any applicant a certificate reciting the birth date, sex, [color] race and birthplace of any person whose birth is registered under the provisions of this chapter. [Such] The certificate [shall] must show that the data therein contained is as disclosed by the record of the birth.
2. Every such certificate [shall be] is pram facie evidence in all courts and places of the facts therein stated.
Sec. 8. NRS 440.700 is hereby amended to read as follows:
440.700 1. The board may set reasonable fees for searches of records, copies of certificates and other services performed by the state registrar.
2. Upon the request of any parent or guardian, the state registrar shall supply, without fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the same [shall be] is necessary for admission to school or for [the purpose of] securing employment.
[2.] 3. The United States Bureau of the Census may obtain, without expense to the state, transcripts or certified copies of births and deaths without payment of [the fees prescribed in this chapter.] a fee.
Sec. 9. NRS 440.680 is hereby repealed.
________
κ1981 Statutes of Nevada, Page 468κ
Senate Bill No. 440Committee on Judiciary
CHAPTER 239
AN ACT relating to jurisdiction of courts; raising the monetary limit for jurisdiction of municipal and justices courts and for actions for small claims; increasing certain fees in justices courts; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Justices of the peace are allowed the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $200.............................................. [$5.00] $15.00
If the sum claimed exceeds $200 but does not exceed
[$750] $1,250................................................................................................... [15.00] 25.00
In all other civil actions............................................................................ [15.00] 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS:............................................................................................ [5.00]
If the sum claimed does not exceed $500........................................................ 10.00
If the sum claimed exceeds $500 but does not exceed $1,000..................... 20.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance:
[If the sum claimed does not exceed $200......................................................... 5.00
If the sum claimed exceeds $200 but does not exceed $750........................... 10.00]
In all [other] civil actions..................................................................................... 10.00
For every additional defendant, appearing separately......................... [1.00] 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention....................................... [2.00] 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court........................... 5.00
(g) For filing a notice of appeal, and appeal bonds.............................. [1.00] 10.00
One charge only shall be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court [1.00] 10.00
(i) For preparation and transmittal of transcript and papers on appeal...... 10.00
(j) [For taking depositions in actions or other matters not pending before the court, per folio .35
(k) For issuing a search warrant or commitment............................................. 1.00
κ1981 Statutes of Nevada, Page 469 (CHAPTER 239, SB 440)κ
(1)] For celebrating a marriage and returning the certificate to the county recorder [$10.00]...................................................................................................... $20.00
[(m)] (k) For entering judgment by confession [, as in the district court 3.00] 5.00
2. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$750.] $1,250.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$750.] $1,250.
(c) In actions for a fine, penalty or forfeiture not exceeding [$750,] $1,250, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$750,] $1,250, though the penalty may exceed that sum.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed [$750.] $1,250.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$750.] $1,250.
(g) Of actions for the possession of lands and tenements, where the relation of landlord and tenant exists.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the [damage] damages claimed [does] do not exceed [$750.] $1,250.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$750.] $1,250.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$750.] $1,250.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as provided by specific statute.
κ1981 Statutes of Nevada, Page 470 (CHAPTER 239, SB 440)κ
4. Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 3. NRS 18.020 is hereby amended to read as follows:
18.020 Costs must be allowed of course to the prevailing party against any adverse party against whom judgment is rendered, in the following cases:
1. In an action for the recovery of real property.
2. In an action to recover the possession of personal property, where the value of the property amounts to [$750 or over.] more than $1,250. The value must be determined by the jury, court or master by whom the action is tried.
3. In an action for the recovery of money or damages, where the plaintiff seeks to recover [$750 or over.] more than $1,250.
4. In a special proceeding.
5. In an action which involves the title or [possession] boundaries of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a justices court.
Sec. 4. NRS 18.050 is hereby amended to read as follows:
18.050 Except as limited by this section, in other actions in the district court, part or all of the prevailing partys costs may be allowed and may be apportioned between the parties, or on the same or adverse sides. If, in the judgment of the court, the plaintiff believes he was justified in bringing the action in the district court, and he recovers at least [$400] $700 in money or damages, or personal property of that value, the court may allow the plaintiff part or all of his costs.
Sec. 5. NRS 73.010 is hereby amended to read as follows:
73.010 In all cases arising in the justices court for the recovery of money only, where the amount claimed does not exceed [$750] $1,000 and the defendant named is a resident of the township or city and county in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
Sec. 6. NRS 266.555 is hereby amended to read as follows:
266.555 1. The municipal court has jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this chapter of a police or municipal nature, and shall hear, try and determine [such] cases in accordance with the provisions of [such] those ordinances or of this chapter.
2. The municipal court has jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.
κ1981 Statutes of Nevada, Page 471 (CHAPTER 239, SB 440)κ
the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.
3. The municipal court has jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed [$750.] $1,250.
(b) Actions to foreclose liens in the name of the city for the nonpayment of [such] those taxes or assessments when the principal sum claimed does not exceed [$750.] $1,250.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the municipal court in any of the cases herein named, when the principal sum claimed does not exceed [$750.] $1,250.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed [$750.] $1,250.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed [$750.] $1,250.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears by the pleadings of the verified answer that the validity of any tax, assessment or levy, or title to real property is necessarily an issue in [such] the cause, in which case the court shall certify [such] the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
Sec. 7. NRS 361.540 is hereby amended to read as follows:
361.540 1. If, in any instance, the county assessor is unable to find, seize and sell sufficient of the property of [such person, persons, company or corporation to pay such] a person to pay the taxes and costs of sale, and [such person, persons, company or corporation] that person neglects or refuses to turn out to the county assessor property sufficient to pay [such] the taxes and costs of sale, the county assessor shall [, if the sum exceeds $750,] go before [the district court or the judge thereof, at chambers, and in cases where the sum is $750 or less, then before a justice of the peace of the township wherein such person resides] a court of competent jurisdiction and make an affidavit of:
(a) The fact of assessment.
(b) The amount of taxes.
(c) The inability to find and seize property sufficient to pay [such] the taxes and costs of sale.
(d) The fact of neglect or refusal to pay the taxes or turn out property sufficient to pay the taxes and cost of sale.
2. On the filing of [such] the affidavit, the court [or judge, or justice of the peace, as the case may be,] shall issue a citation ordering the person to appear forthwith, or at a subsequent period not to exceed 5 days, before [such court, judge or justice of the peace] the court to answer under oath concerning his property.
κ1981 Statutes of Nevada, Page 472 (CHAPTER 239, SB 440)κ
of the peace, as the case may be,] shall issue a citation ordering the person to appear forthwith, or at a subsequent period not to exceed 5 days, before [such court, judge or justice of the peace] the court to answer under oath concerning his property.
3. If it appears from the affidavit of the county assessor that [such] the person owing [such] these taxes is about to absent himself from the county or is about to convey his property with intent fraudulently to evade the payment of such taxes, the citation may direct the officer serving it to arrest [such] the person and bring him before the court [, judge or justice of the peace] issuing the citation.
4. The citation may be served by the county assessor, sheriff or any constable of the county, and must be served by delivering a copy thereof to [such] the person personally. For service under the provisions of this section, such fees are allowed as for similar services in civil cases, to be collected only from persons owing [such] taxes.
5. It is unlawful for any person served with the citation mentioned in this section to sell or transfer his property or effects, so as to defeat the collection of taxes or costs, or any party thereof. Any person who violates the provisions of this subsection shall be punished by a fine of not more than $250.
6. On the examination, if it appears that [such] the person has any money, goods, chattels or effects, the [judge or justice of the peace] court shall order sufficient thereof to be turned out to the county assessor to satisfy [such] the taxes and costs of sale, and also cost of proceeding on the citation. In case of a willful neglect or refusal by [such] the person either to obey the order of citation or the order to pay, or to turn out property as ordered, [such] the person is in contempt of [such court, judge or justice of the peace,] the court and may be proceeded against as in other cases of contempt in civil cases in the courts of justice in this state.
7. If the taxes cannot be collected by [such] this process, then no future liability attaches to the county assessor therefor.
8. In other respects than provided in this section, the proceedings under this section [shall] must be conducted as provided in NRS 21.270 to 21.340, inclusive, regulating proceedings supplementary to execution.
________
Senate Bill No. 439Committee on Judiciary
CHAPTER 240
AN ACT relating to corporations; removing restrictions on renewing the reservation of a name; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.040 is hereby amended to read as follows:
78.040 1. [Except as provided in subsection 3, the] The secretary of state, when requested so to do, shall reserve, for a period of 90 days, the right to use any name available, under subsection 1 of NRS 78.035, for the use of any proposed corporation.
κ1981 Statutes of Nevada, Page 473 (CHAPTER 240, SB 439)κ
of state, when requested so to do, shall reserve, for a period of 90 days, the right to use any name available, under subsection 1 of NRS 78.035, for the use of any proposed corporation. During the period, a name so reserved [shall not be] is not available for use by any corporation without the consent of the person or persons, firm or corporation at whose request the reservation was made.
2. The use by any corporation of a name in violation of subsection 1 of NRS 78.035 or subsection 1 of this section may be enjoined, notwithstanding the fact that the certificate or articles of incorporation of the corporation may have been filed by the secretary of state.
[3. A name which has been reserved as provided in subsection 1 may not be the subject of a renewal or of a reservation by any person, firm or corporation for a period of 90 days after the expiration of the reservation.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 41Senator Getto
CHAPTER 241
AN ACT relating to county government; requiring a public hearing on the adoption of county ordinances; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.100 is hereby amended to read as follows:
244.100 1. All proposed ordinances, when first proposed, must be read by title to the board, immediately after which at least one copy of the proposed ordinance must be filed with the county clerk for public examination. [The board may:
(a) Amend the proposed ordinance at subsequent meetings and adopt it at a meeting held within 35 days after the meeting at which it is last amended; or
(b) Adopt the proposed ordinance without amendment at any subsequent meeting of the board held not more than 35 days after the ordinance was first proposed,
but in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.] Notice of the filing, together with the title and an adequate summary of the ordinance and the date on which a public hearing will be held, must be published once in a newspaper published in the county or, if no newspaper is published in the county, in a newspaper having a general circulation in the county, at least 3 working days before the date set for the hearing. The board shall adopt or reject the ordinance, or the ordinance as amended, within 35 days after the date of the close of the final public hearing, except that in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.
κ1981 Statutes of Nevada, Page 474 (CHAPTER 241, SB 41)κ
consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.
2. [All] After adoption, all ordinances must be:
(a) Signed by the chairman of the board.
(b) Attested by the county clerk.
(c) Published by title only, together with the names of the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before it goes into effect. Publication by title must also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.
3. Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the board of county commissioners, no further publication is necessary.
4. Except in an emergency, before acting upon a new or amendatory ordinance the board must hold a hearing at which interested persons may present their views. The public hearing may be held in conjunction with the meeting provided for in subsection 1.
________
Assembly Bill No. 108Assemblymen Hayes, Bremner, Price and Westall
CHAPTER 242
AN ACT relating to the registration of motor vehicles; requiring the registration of a motor vehicle operated for an extended period by a resident with the permission of the nonresident owner; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in subsection 4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for [such] the vehicle in the place of residence of [such] the owner, may operate or permit the operation of [such] the vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
2. [Nothing in this section shall be construed:
(a) To prohibit] This section does not:
(a) Prohibit the use of manufacturers or dealers license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.
κ1981 Statutes of Nevada, Page 475 (CHAPTER 242, AB 108)κ
(b) [To require] Require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.
4. Any resident operating a motor vehicle upon a highway of this state, which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause this vehicle to be registered within 45 days after beginning its operation within this state.
5. A person registering a vehicle pursuant to the provisions of subsections [3 or 5] 3, 4 or 6 of this section or pursuant to NRS 482.390 [shall] must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He [shall] must be allowed credit on [such] these taxes and fees for the unused months of his previous registration. The fee provided in subsection 9 of NRS 482.480 [shall] must not be prorated. Those fees that are to be prorated will be prorated based upon Nevada registration fees and privilege taxes and reduced by one-twelfth for each month remaining on the registration period in the state of former residence.
[5.] 6. If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as provided in NRS 482.390, 482.395 and NRS 706.801 to 706.861, inclusive.
[6.] 7. An owner registering a vehicle under the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.
________
Assembly Bill No. 191Assemblymen Jeffrey, Schofield, Prengaman, Hayes, Craddock, May, Coulter, Hickey, Mello, Price, Dini, Thompson and Foley
CHAPTER 243
AN ACT relating to contracts for property insurance; requiring insurers which provide fire insurance to offer insurance on mobile homes to the market value of the mobile home; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 691A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each insurer which provides property insurance covering mobile homes in Nevada shall offer, in addition to any other insurance, insurance to pay the market value of the mobile home in the event of a total loss of the mobile home.
κ1981 Statutes of Nevada, Page 476 (CHAPTER 243, AB 191)κ
homes in Nevada shall offer, in addition to any other insurance, insurance to pay the market value of the mobile home in the event of a total loss of the mobile home.
2. Nothing in this section requires any insurer to offer any insurance on mobile homes at a premium which is not fair and adequate.
________
Assembly Bill No. 635Committee on Transportation
CHAPTER 244
AN ACT relating to traffic laws; providing that certain violations of the national maximum speed limit shall not be deemed moving traffic violations; prohibiting insurers from imposing increased rates for motor vehicle insurance because of certain lesser violations; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of chapter 95, Statutes of Nevada 1981, is hereby amended to read as follows:
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A person violating the speed limit imposed pursuant to subsection 4 of NRS 484.361 but not exceeding a speed of 70 miles per hour is guilty of unnecessary waste of a resource currently in short supply.
2. Every person convicted of unnecessary waste of a resource currently in short supply shall be fined $5.
3. Such a violation shall not be deemed a moving traffic violation.
Sec. 2. Chapter 690B of NRS is hereby amended by adding thereto a new section which shall read as follows:
An insurer shall not impose on an insured or group of insureds any increase in motor vehicle insurance rates because of any violation of NRS 484.361 which does not result in the issuance of any demerit points as prescribed in NRS 483.470, nor shall an insurer cancel or refuse to renew any policy of insurance for that reason.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 477κ
Assembly Bill No. 259Assemblymen Dini and Price
CHAPTER 245
AN ACT relating to drivers licenses; authorizing the issuance of a restricted license to a person between the ages of 14 and 16 years to drive for a handicapped member of his household; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department may issue a restricted license to any person between the ages of 14 and 16 years which entitles him to drive a motor vehicle upon a highway if a member of his household has a medical condition which renders that member unable to operate a motor vehicle, and a hardship exists which requires the younger person to drive.
2. An application for a restricted license under this section must:
(a) Be made upon a form provided by the department.
(b) Contain a statement that a person living in the same household with the applicant suffers from a medical condition which renders that person unable to operate a motor vehicle and explaining the need for the applicant to drive.
(c) Be signed and verified as provided in NRS 483.300.
(d) Contain such other information as may be required by the department.
3. A restricted license issued pursuant to this section:
(a) Is effective for the period specified by the department;
(b) Authorizes the licensee to operate a motor vehicle on a street or highway only under conditions specified by the department; and
(c) May contain other restrictions which the department deems necessary.
4. No license may be issued under this section until the department is satisfied fully as to the applicants competency and fitness to drive a motor vehicle.
Sec. 2. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.270 [.] and section 1 of this act.
(b) An instruction permit to a person who is at least 15½ years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period for which [such] the license was revoked.
3. To any person whose license has been suspended; but, upon good cause shown to the administrator, the department may issue a restricted license to [such person] him or shorten any period of suspension.
κ1981 Statutes of Nevada, Page 478 (CHAPTER 245, AB 259)κ
cause shown to the administrator, the department may issue a restricted license to [such person] him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless [such person] he has successfully passed [such] the examination.
6. To any person when the administrator has good cause to believe that [such person] by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
7. To any person when the administrator has good reason to believe that the driving of a motor vehicle on the highways by [such] that person would be inimical to public safety or welfare. Two or more convictions of driving while under the influence of intoxicating liquors or of a controlled substance as defined in chapter 453 of NRS are sufficient evidence of conduct inimical to the public welfare, and the administrator shall refuse to issue or renew a license for a person so convicted until it is proven to the reasonable satisfaction of the administrator that [such] a issuance or renewal is not opposed to the public interest.
8. To any person who is not a resident of this state.
________
Assembly Bill No. 374Assemblymen Bennett, Chaney and Thompson
CHAPTER 246
AN ACT relating to counties; broadening the purposes and means of expending public money; and providing other matters properly relating thereto.
[Approved May 18, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A board of county commissioners may expend money for any purpose which will provide a substantial benefit to the inhabitants of the county. The board may grant all or part of the money to a private organization, not for profit, to be expended for the selected purpose.
2. A grant to a private organization must be made by resolution which must specify:
(a) The purpose of the grant;
(b) The maximum amount to be expended from the grant; and
(c) Any conditions or other limitations upon its expenditure.
________
κ1981 Statutes of Nevada, Page 479κ
Senate Bill No. 255Committee on Judiciary
CHAPTER 247
AN ACT relating to parole and probation; revising provisions on the time of the inquiry on violation of probation and the consideration on violation of parole; making an exception to the allowance of credit for time spent in confinement before conviction; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.055 is hereby amended to read as follows:
176.055 [Whenever] 1. Except as otherwise provided in subsection 2, whenever a sentence of imprisonment in the county jail or state prison is imposed, the court may [in its discretion] order that credit be allowed against the duration of [such] the sentence, including any minimum term thereof [which may be] prescribed by law, for the amount of time which the defendant has actually spent [by the defendant] in confinement [prior to] before conviction, unless [such] his confinement was pursuant to a judgment of conviction for another offense. Credit allowed pursuant to this [section] subsection does not alter the date from which the term of imprisonment is computed.
2. A defendant who is convicted of a subsequent offense which was committed while he was:
(a) In custody on a prior charge is not eligible for any credit on the sentence for the subsequent offense for time he has spent in confinement on the prior charge, unless the charge was dismissed or he was acquitted.
(b) Imprisoned in a county jail or state prison or on probation or parole from a Nevada conviction is not eligible for any credit on the sentence for the subsequent offense for the time he has spent in confinement which is within the period of the prior sentence, regardless of whether any probation or parole has been formally revoked.
Sec. 2. NRS 176.216 is hereby amended to read as follows:
176.216 1. Before a probationer may be returned to the court for violation of a condition of his probation, an inquiry [shall] must be conducted to determine whether there is probable cause to believe that he has committed any act that would constitute such a violation.
2. The inquiry [shall] must be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of violation of the probation; and
(c) Has not recommended revocation of the probation,
but he need not be a judicial officer.
3. Except in a case where the probationer is a fugitive [,] or is under supervision in another state, the inquiry [shall] must be held [promptly] at or reasonably near the place of the alleged violation or the arrest [, and not later than 15 days after the arrest if the arrested person is on probation from a Nevada court or 30 days after the arrest if he] and must be held:
(a) If the probationer is on probation from another state and under supervision in this state [.] , not later than 30 days after his arrest.
κ1981 Statutes of Nevada, Page 480 (CHAPTER 247, SB 255)κ
(b) If he is on probation from a Nevada court, promptly and not later than 15 days after his arrest and confinement on the charge that he has violated a condition of his probation or after an order has been filed to hold him on that charge if he is already confined on another charge. The time for the inquiry may be extended if, within the 15-day period, the probationer is released from confinement or the order that he be held is withdrawn.
4. Any conviction for violating a federal, state or local law, except a minor traffic offense, which is committed while the probationer is on probation constitutes probable cause for the purposes of this section and an inquiry need not be held.
[4.] 5. For the purposes of this section, the inquiring officer may administer oaths and issue subpenas to compel the attendance of witnesses and the production of books and papers.
Sec. 3. NRS 213.1517 is hereby amended to read as follows:
213.1517 1. Where the inquiring officer has determined that there is probable cause for a hearing by the board, [hearing,] the chief parole and probation officer may, after consideration of the case and pending the next meeting of the board:
(a) Release the arrested parolee again upon parole; or
(b) Suspend his parole and return him to confinement.
2. The chief parole and probation officer shall take whichever action under subsection 1 he deems appropriate within:
(a) Fifteen days if [such] the prisoner was paroled by the board.
(b) Thirty days if [such] the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
3. Any conviction for violating a federal, state or local law, except a minor traffic offense, which is committed while the prisoner is on parole constitutes probable cause for the purposes of subsection 1 and the hearing required therein need not be held.
[3. The board shall consider at its next meeting the case of each paroled prisoner as to whom]
4. If a determination has been made that probable cause exists for revocation of the parole [.] of a paroled prisoner, the board shall consider the prisoners case within 60 days after his return to the custody of the department of prisons.
________
κ1981 Statutes of Nevada, Page 481κ
Senate Bill No. 165Senator Jacobsen
CHAPTER 248
AN ACT relating to fire protection; granting the state forester firewarden the authority to prohibit or restrict certain activities in a fire protection district; allowing money from the budget of the division of forestry of the state department of conservation and natural resources to be used to pay expenses for emergencies which threaten human life; providing also for the payment of such expenses from the reserve for statutory contingency fund; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 472.040 is hereby amended to read as follows:
472.040 1. The state forester firewarden shall:
(a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private [individuals.] persons.
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform such other duties as might be designated by the director of the state department of conservation and natural resources or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d) Designate the boundaries of each area of the state where the construction of buildings on forested lands creates such a fire hazard as to require the imposition of roofing materials standards.
(e) [Make] Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
2. The state forester firewarden in carrying out the provisions of this chapter may:
(a) Appoint such paid foresters and firewardens as he [may deem] deems necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens [shall] have only the police powers necessary to enforce the provisions of [such] those laws.
(b) Appoint, in such number and localities as he [may deem] deems proper, suitable citizen-wardens who shall have all of the police powers of paid firewardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden or his duly appointed and authorized assistants.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens.
κ1981 Statutes of Nevada, Page 482 (CHAPTER 248, SB 165)κ
States Bureau of Land Management as voluntary firewardens. Such voluntary firewardens [shall] have all of the police powers of paid firewardens, but they shall receive no compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators, who [shall be] are peace officers as provided in NRS 169.125. The provisions of this paragraph [shall] do not constitute such investigators as police officers or firemen for the purposes of NRS 286.510.
(e) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g) With the approval of the director of the state department of conservation and natural resources and the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor. The title to such real property [shall] must be examined and approved by the attorney general.
(h) Expend any money appropriated by the state to the division of forestry of the state department of conservation and natural resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
3. The state forester firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the director of the state department of conservation and natural resources.
Sec. 2. NRS 472.045 is hereby amended to read as follows:
472.045 1. Upon written request from the state forester firewarden, the state controller shall draw his warrant in favor of the state forester firewarden in the sum of $2,500, and upon its presentation to the state treasurer, the state treasurer shall pay it from the state general fund.
2. The state forester [firewarden] firewardens revolving account in the amount of $5,000 may be used by the state forester firewarden for the purpose of paying temporary labor hired for firefighting [purposes] or the saving of human life and other obligations requiring prompt payment in connection with [firefighting] these operations, but for no other purposes.
3. All claims paid by the state forester firewarden [shall] must be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of the claim in favor of the state forester [firewarden] firewardens revolving account to be paid to the order of the state foster firewarden, and the state treasurer shall pay the warrant.
4. The state forester firewarden [is directed to] shall deposit the state forester [firewarden] firewardens revolving account in one or more banks and [to] secure the deposit by a depositary bond satisfactory to the state board of examiners.
κ1981 Statutes of Nevada, Page 483 (CHAPTER 248, SB 165)κ
banks and [to] secure the deposit by a depositary bond satisfactory to the state board of examiners.
Sec. 3. Chapter 473 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. The state forester firewarden may prohibit or restrict the following activities within the boundaries of any fire protection district governed by this chapter when a danger to public safety or natural resources exists because of conditions which create a high risk of fire:
(a) The operation in an area of timber, brush or grass of a motor vehicle or other item of equipment powered by a motor:
(1) If the motor does not have a spark arrestor as required by law; or
(2) If the operator does not have in his possession an ax, shovel and at least 1 gallon of water;
(b) The operation in an area of timber, brush or grass of a motor vehicle off an existing paved, gravel or dirt road;
(c) The smoking of tobacco or other substances in any place other than a motor vehicle or an area cleared of flammable vegetation;
(d) Setting an open fire any place other than in a fireplace located in an established picnic area or campground; or
(e) Other activities, if specified in regulations adopted by the firewarden and the prohibition or restriction is related to reducing a high risk of fire,
but these prohibitions and restrictions do not apply in established campgrounds or picnic areas, beaches or places of habitation or to travel on state or federal highways.
2. The state forester firewarden shall make a public announcement and post signs in any district where he has prohibited or restricted any activities.
3. The state forester firewarden shall, upon finding that a danger to public safety or to natural resources no longer exists, make known to the public the end of any prohibition or restriction in that district.
4. The provisions of this section apply only to specified prohibitions or restrictions and do not confer upon the state forester firewarden the power to prohibit access to land.
5. Any person violating any of the provisions of this section is guilty of a misdemeanor.
Sec. 5. 1. Territory may be excluded from any fire protection district organized under this chapter in the manner provided in subsections 2, 3 and 4.
2. Should any portion of the territory included in a fire protection district be:
(a) Annexed to an incorporated city or lands adjacent to an incorporated city be zoned for residential, small estates or commercial use pursuant to law, the state forester firewarden may declare the portion so annexed or zoned to be excluded from the district, and he shall change the district boundary to conform to the annexation or zoning.
(b) Used or zoned as industrial, commercial, residential or agricultural land, the state forester firewarden shall, immediately upon receiving a written petition:
(1) Requesting exclusion from the district;
(2) Containing the description of 10 or more contiguous parcels of land within the territory so used or zoned as industrial, commercial, residential or agricultural land which parcels are each owned separately by different persons; and
κ1981 Statutes of Nevada, Page 484 (CHAPTER 248, SB 165)κ
land within the territory so used or zoned as industrial, commercial, residential or agricultural land which parcels are each owned separately by different persons; and
(3) Signed by the owners of a majority of the parcels of the described territory sought to be excluded,
determine the feasibility of excluding that territory and shall notify the board of directors of the district of his decision.
3. Should any portion of the territory included in a fire protection district be:
(a) Fifteen acres or less of irrigated land;
(b) Owned by less than 10 owners; and
(c) Abutting on a portion of the districts boundary, the state forester firewarden shall, immediately upon receiving a written petition requesting exclusion from the district, containing a description of the land, and signed by the owners of a majority of the parcels in the described territory sought to be excluded,
determine the feasibility of excluding that territory and shall notify the board of directors of the district of his decision.
4. The board of directors, upon receipt of a notice in writing from the state forester firewarden of a decision to exclude territory from the fire protection district, shall prepare a resolution:
(a) Describing the territory to be excluded; and
(b) Stating the purpose of its exclusion.
Upon the adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of the resolution. The territory is excluded from the fire protection district from the date of the resolution.
Sec. 6. NRS 473.035 is hereby amended to read as follows:
473.035 1. [The boundaries of] New territory may be included in any fire protection district organized under this chapter [may be altered by:
(a) The inclusion of new territory therein] in the manner provided in subsections 2 to 5, inclusive.
[(b) The exclusion of territory comprising a part of the district in the manner provided in subsection 6 or 7.]
2. Upon receiving a written petition containing a description of the territory proposed to be inluded (which territory [shall] must be contiguous to the district), which petition [shall] must contain a statement advising the signers that their property will be subject to the levy of a tax for the support of the fire protection district, and be signed by not less than a majority of the property owners within such territory, the state forester firewarden shall determine the feasibility of including [such] that territory and shall notify the board of directors of the district of his decision.
3. The board of directors, upon receipt of a notice in writing from the state forester firewarden of the decision to include territory in the fire protection district, shall prepare a resolution:
(a) Describing the territory to be included; and
(b) Stating the purpose for [such] its inclusion.
4. Upon the adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of such resolution. [Such] The territory [shall be deemed to be included] is in the fire protection district from the date of such resolution.
κ1981 Statutes of Nevada, Page 485 (CHAPTER 248, SB 165)κ
The territory [shall be deemed to be included] is in the fire protection district from the date of such resolution.
5. Upon the inclusion of any contiguous territory in a fire protection district the state forester firewarden shall [establish rules and] adopt regulations for the organization of the territory to meet the terms of the Clarke-McNary Act.
[6. Should any portion of the territory included in a fire protection district be:
(a) Annexed to an incorporated city or lands adjacent to an incorporated city be zoned for residential, small estates or commercial use pursuant to law, the state forester firewarden may declare the portion so annexed or zoned to be excluded from the district, and he shall change the district boundary to conform, to the annexation or zoning.
(b) Used or zoned as industrial, commercial, residential or agricultural land, the board of directors shall, immediately upon receiving a written petition:
(1) Requesting exclusion from the district; and
(2) Containing the description of 10 or more contiguous parcels of land within the territory so used or zoned as industrial, commercial, residential or agricultural land which parcels are each owned separately by different persons; and
(3) Signed by not less than a majority of the owners of the described territory sought to be excluded,
adopt a resolution describing the territory and excluding it from the district. Such territory shall be deemed to be excluded from the fire protection district from the date of the adoption of such resolution.
7. Should any portion of the territory included in a fire protection district be:
(a) Fifteen acres or less of irrigated land;
(b) Owned by less than 10 owners; and
(c) Abutting on a portion of the districts boundary, the board of directors shall, immediately upon receiving a written petition requesting exclusion from the district, containing a description of the land, and signed by not less than a majority of the owners of the described territory sought to be excluded, adopt a resolution describing the territory and excluding it from the district. Such territory shall be deemed to be excluded from the fire protection district from the date of the adoption of such resolution.]
Sec. 7. NRS 473.080 is hereby amended to read as follows:
473.080 [1.] Within the boundaries of any fire protection district organized under this chapter, any person, firm, association or agency responsible for causing [such] any fire or [fires] other emergency which threatens human life may be charged with the expenses incurred in extinguishing [such fire or fires,] the fire or meeting the emergency, together with the cost of necessary patrol. [Such a charge shall constitute a debt of such] This charge constitutes a debt of the person, firm, association or agency charged and [shall be] is collectible by the federal, state or county agency incurring such expenses in the same manner as in the case of an obligation under a contract, express or implied.
[2. This section shall not apply to or affect any existing rights, duties or causes of action, nor shall it apply to or affect any rights, duties or causes of action accruing prior to March 18, 1953.]
κ1981 Statutes of Nevada, Page 486 (CHAPTER 248, SB 165)κ
or causes of action, nor shall it apply to or affect any rights, duties or causes of action accruing prior to March 18, 1953.]
Sec. 8. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, [shall be administered by the state board of examiners,] and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262, 412.154, and [475.240;] 475.235; and
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.125, 176.223, 177.345, 179.225, 213.153 and subsection 4 of NRS 361.055,
but such claims must be approved for the respective purposes listed in in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.
Sec. 9. The enlargement of the financial responsibility of persons whose conduct creates a threat to life does not apply to any such conduct which occurred before July 1, 1981.
________
Senate Bill No. 13Senator Close
CHAPTER 249
AN ACT relating to judgments in criminal cases; adding supervised work for the community as an optional condition of probation or as punishment for a misdemeanor; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except where the imposition of a specific criminal penalty is mandatory, a court may offer to a convicted person the option of performing supervised work for the benefit of the community:
(a) In lieu of all or a part of any fine or imprisonment which may be imposed for the commission of a misdemeanor; or
(b) As a condition of any probation granted for another offense.
2. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its citizens.
κ1981 Statutes of Nevada, Page 487 (CHAPTER 249, SB 13)κ
3. The court shall not impose such work as a punishment or a condition of probation unless the convicted person agrees to perform it.
4. If the convicted person agrees to perform such work, the court may require him to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
5. The following conditions apply to any such work imposed by the court:
(a) The court must fix the period of work that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue at his employment and to care for his family. The period of work fixed by the court must not exceed, for a:
(1) Misdemeanor, 120 hours;
(2) Gross misdemeanor, 240 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for work before the court may require him to perform work for that supervising authority. The supervising authority must be located in or be the town or city of the convicted persons residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
(c) Work that a court requires under this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(d) The court may require the supervising authority to report periodically to it or to a probation officer the convicted persons performance in carrying out the punishment or condition of probation.
Sec. 2. NRS 193.150 is hereby amended to read as follows:
193.150 1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, if the convicted person agrees, he may be sentenced to perform a fixed period of work for the benefit of the community under the conditions prescribed in section 1 of this act.
Sec. 3. NRS 616.082 is hereby amended to read as follows:
616.082 Any person [less] :
1. Less than 18 years of age who is subject to the jurisdiction of the juvenile division of the district court and who has been ordered by the court to do work [, and] for a county, upon compliance by the county; or
2. Eighteen years of age or older who has been ordered by any court to perform work for a community pursuant to section 1 of this act, upon compliance by the convicted person or the supervising authority, while engaged in such work and while so acting in pursuance of the courts order, shall be deemed, for the purpose of this chapter, an employee of the county at a wage of $50 per month, and [shall be] is entitled to the benefits of this chapter.
κ1981 Statutes of Nevada, Page 488 (CHAPTER 249, SB 13)κ
while engaged in such work and while so acting in pursuance of the courts order, shall be deemed, for the purpose of this chapter, an employee of the county at a wage of $50 per month, and [shall be] is entitled to the benefits of this chapter. [, upon compliance by the county.]
________
Senate Bill No. 270Committee on Judiciary
CHAPTER 250
AN ACT relating to foreign corporations; permitting persons to register their willingness to serve as resident agents of foreign corporations with the secretary of state; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 80 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any natural person or domestic corporation may annually register his willingness to serve as resident agent of foreign corporations with the secretary of state. The registration must be accompanied by a fee of $250.
2. The secretary of state shall maintain a list of persons willing to serve as resident agents of foreign corporations and make it available to foreign corporations seeking to do business in Nevada.
________
Assembly Bill No. 252Assemblyman Banner
CHAPTER 251
AN ACT relating to insurance; clarifying the procedure for licensing firms and corporations as agents; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 683A.140 is hereby amended to read as follows:
683A.140 1. A firm or corporation [shall] may be licensed only as an agent or broker, resident or nonresident, or as a managing general agent.
2. For licensing as an agent or broker, each general partner and each [individual] natural person to act for the firm, or each [individual] natural person to act for the corporation, [shall] must be named in the license or registered with the commissioner, and [shall] must qualify as [though he were] an individual licensee. [The commissioner shall charge and the insurer or licensee shall pay a full additional license fee for each respective individual in excess of one named in the license or registered with the commissioner.]
κ1981 Statutes of Nevada, Page 489 (CHAPTER 251, AB 252)κ
and the insurer or licensee shall pay a full additional license fee for each respective individual in excess of one named in the license or registered with the commissioner.] A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name. The commissioner shall charge appropriate fees for each person who is licensed to act for a firm or corporation and who is named on the license or registered with the commissioner.
3. [An individual] A natural person who is not a resident of this state as provided in paragraph (a) of subsection 1 of NRS 683A.130 [shall] must not be so named or registered as to the license of a resident agent or resident broker, and shall not exercise the license powers thereof.
4. A license as a resident agent or resident broker [shall] must not be issued to a firm or corporation unless it maintains a principal place of business in this state, and the transaction of business under the license is specifically authorized in the firms partnership agreement or the corporations articles.
5. The licensee shall promptly notify the commissioner of all changes among its members, directors and officers, and among other [individuals] persons designated in or registered as to the license.
________
Assembly Bill No. 393Committee on Government Affairs
CHAPTER 252
AN ACT relating to the investment of state money; broadening the permissible kinds of investments; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 355.140 is hereby amended to read as follows:
355.140 [Any law of this state to the contrary notwithstanding,] In addition to other investments provided for by a specific statute, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the [funds] money of this state, [and] of its various departments, institutions and agencies, and of the state insurance fund:
1. Bonds and certificates of the United States;
2. Bonds, [of federal agencies] notes, debentures and loans where underwritten by or payment is guaranteed by the United States;
3. Obligations of the United States Postal Service or the Federal National Mortgage Association whether or not guaranteed by the United States;
4. Bonds of this state or other states of the Union;
5. Bonds of any county of the State of Nevada or of other states;
6. Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
κ1981 Statutes of Nevada, Page 490 (CHAPTER 252, AB 393)κ
Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
7. General obligation bonds of irrigation districts and drainage districts in [the State of Nevada] this state which are liens upon the property within such districts, when the value of [such] the property is found by the board or commission making [such] the investments to render [such] the bonds financially sound over and above all other obligations of [such] the districts;
8. Bonds of school districts within [the State of Nevada;] this state;
9. Bonds of any general improvement district having a population of [not less than] 200,000 [persons] or more and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when [such] the property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of [such] the district;
10. Short-term financing for counties, cities and school districts authorized under the provisions of chapter 354 of NRS; [at an interest rate not to exceed 8 percent per annum;]
11. Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; [and]
12. Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§1131 to 1138e, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended; except such [funds or moneys] money the investment of which is governed by the provisions of the constitution of the State of Nevada, such as [moneys] money for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and except also such [funds or moneys] money thereof as [have] has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof; [.
13. Commercial paper as it is set forth in the Uniform Commercial Code — Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 28 days maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities.
κ1981 Statutes of Nevada, Page 491 (CHAPTER 252, AB 393)κ
defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of $50,000,000 which are incorporated under the laws of the United States or any state thereof or the District of Columbia.]
13. Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations; and
14. Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System. Acceptances may not exceed 180 days maturity.
________
Assembly Bill No. 510Committee on Government Affairs
CHAPTER 253
AN ACT relating to irrigation districts; removing references to bond commissions; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 539.475 is hereby amended to read as follows:
539.475 1. Any funding or refunding bonds of a local improvement district authorized to be issued may be sold from time to time in the same manner as other bonds of the irrigation district, or may be exchanged for outstanding bonds, notes or certificates of indebtedness of the improvement district. [, upon such terms and conditions as may be approved by the irrigation district bond commission.]
2. Any [such] outstanding bonds, notes or certificates of indebtedness so funded or refunded or exchanged [shall] must be immediately canceled by the treasurer.
Sec. 2. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization, or for any of the purposes of this chapter, the board of directors may [, at any time with the approval of the irrigation district bond commission,] incur an indebtedness not exceeding in the aggregate the sum of $50,000, nor in any event exceeding $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at not to exceed 9 percent per annum. The directors [shall have the power to] may levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.
2. Thereafter the directors [shall have the power to] may levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter of not to exceed $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments [shall] must be collected as provided in this chapter for the collection of other assessments.
κ1981 Statutes of Nevada, Page 492 (CHAPTER 253, AB 510)κ
Sec. 3. NRS 539.505 is hereby amended to read as follows:
539.505 1. Surplus [moneys] money in the bond fund [, subject to the approval of the irrigation district bond commission,] may be placed at interest or invested in approved interest-bearing securities.
2. If, after a full redemption of any bond issue, a surplus then remains in the bond fund, such surplus may, by resolution of the board of directors, be transferred to the general fund.
Sec. 4. NRS 309.160 is hereby amended to read as follows:
309.160 For the purpose of organization, the board of directors (in this chapter sometimes merely designated the board) may at any time [, with the approval of the irrigation district bond commission,] incur an indebtedness not exceeding in the aggregate the sum of $5,000, nor in any event to exceed $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at not exceeding 9 percent per annum, and the directors [shall have the right and power to] may levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses. Thereafter, the directors [shall have the right and power to] may levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter, of not to exceed 20 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments [shall] must be collected as provided in this chapter for the collection of other assessments.
Sec. 5. NRS 309.180 is hereby amended to read as follows:
309.180 1. [No special election may be called for any of the purposes provided in this chapter until the board of directors of the district has submitted to the irrigation district bond commission and the commission has approved the following:
(a) The proposed local improvement;
(b) The estimated cost of the improvement;
(c) A report of a competent engineer; and
(d) The proposed method of financing the improvement.
2.] The bonds authorized by vote [shall] must be designated as a series, and the series [shall] must be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time [shall] must be designated as an issue and each issue [shall] must be numbered in its order. The bonds of such issue [shall] must be numbered consecutively commencing with those earliest falling due. They [shall] must be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons [shall] must be attached thereto, and all bonds and coupons [shall] must be dated on January 1 or July 1 next following the date of their authorization, and they [shall] must bear interest at the rate of not to exceed 9 percent per annum, payable semiannually on January 1 and July 1 of each year The principal and interest [shall] must be payable at the place designated therein. [The bonds shall be each] Each bond must be of a denomination of not less than $100 nor more than $1,000, and [shall] must be signed by the president and secretary, and the seal of the district [shall be] affixed thereto.
κ1981 Statutes of Nevada, Page 493 (CHAPTER 253, AB 510)κ
of the district [shall be] affixed thereto. Coupons attached to each bond [shall] must be signed by the secretary. The bonds [shall] must express on their face that they were issued by the authority of this chapter, naming it, and [shall] must also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.
[3.] 2. In case the money raised by the sale of all the bonds [be] is insufficient for the completion of the plans and works adopted, and additional bonds [be] are not voted, the board of directors shall provide for the completion of the plan by levy or assessment therefor; but when the money obtained by any previous issue of bonds has become exhausted by expenditures [herein authorized,] authorized by this chapter, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election [shall] must be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue of bonds
[4.] 3. The lien for taxes for the payment of interest and principal of any bond series [shall] must be a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to vote by the electors of the district at the election authorizing the bonds.
Sec. 6. NRS 309.230 is hereby amended to read as follows:
309.230 1. The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and to otherwise carry out the objects and purposes of this chapter.
2. Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice [shall] must be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.
3. At the time appointed the board shall publicly open the proposals and sell the bonds to the highest responsible bidder, or it may reject all bids; but in case no bids are received, or in case no award is made, the board thereafter may either readvertise the bonds or any part thereof for sale or sell the [same] bonds or any part thereof at private sale. In no event shall the board sell any of the bonds for less than 90 percent of the par value thereof and accrued interest.
4. The board may use any bonds of the district which have been offered for sale at public sale and remain unsold in payment for construction of canals, storage reservoirs, or other works of the district, without the necessity of calling for bids for such construction, and may enter into contracts providing for the payment of such construction in bonds, which contracts may provide for the payment of a fixed contract price, or the cost of such construction plus a fixed percentage thereof, or the cost of such construction plus a fixed sum, in the discretion of the board [; provided:
κ1981 Statutes of Nevada, Page 494 (CHAPTER 253, AB 510)κ
cost of such construction plus a fixed percentage thereof, or the cost of such construction plus a fixed sum, in the discretion of the board [; provided:
(a) That] , provided that 90 percent of their par value and interest accrued thereon is the minimum price at which the bonds may be used in payment for such construction. [; and
(b) That such use of bonds and any such contract must be approved by the irrigation district bond commission.]
5. If for any reason the bonds of a district cannot be sold, or, if at any time it shall be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may, in its discretion, cancel the [same] bonds and levy assessment in the amount of the bonds canceled. The revenue derived from the assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy [shall] may be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of the assessments have been canceled. Assessments made in lieu of bonds canceled [shall] must be collected in the same manner and [shall] have the same force and effect as other assessments levied under the provisions of this chapter; but such assessment [shall] must not during any 1 year exceed 10 percent of the total bond issue authorized by [such] the district, unless a greater assessment [shall be] is authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose.
Sec. 7. NRS 309.250 is hereby amended to read as follows:
309.250 1. The following funds, to which the [moneys] money properly belonging [shall] must be apportioned, are hereby created and established.
(a) Construction fund. [Moneys] Money accruing from the sale of bonds and from any assessments levied for the direct payment of cost of construction, purchase of property, or other undertakings for which bonds may be issued, [shall] must be deposited and kept in the construction fund. Whenever all construction work is completed, any money remaining in the construction fund may be transferred to the general fund.
(b) Debt service fund. [Moneys] money accruing from assessments levied for the payment of interest and principal on bonds [shall] must be deposited and kept in the debt service fund. Surplus [moneys] money in the debt service fund [, subject to the approval of the irrigation district bond commission,] may be placed at interest or invested in bills, notes, certificates of indebtedness, bonds or other similar securities which are direct obligations of the United States or which are unconditionally guaranteed as to payment, both of principal and of interest, by the United States, or in approved interest-bearing securities of other issuers.
(c) General fund. The general fund may be divided into general and operation and maintenance, as the board may direct. All other [moneys, including those] money, including that realized from assessments, or, as the case may be, from tolls and charges levied or imposed for defraying the organization and current expense of the district, and expenses and cost of the care, operation, maintenance, management, repair and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, [shall] must be deposited and kept in the general fund or operation and maintenance fund as the board of director may designate.
κ1981 Statutes of Nevada, Page 495 (CHAPTER 253, AB 510)κ
cost of the care, operation, maintenance, management, repair and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, [shall] must be deposited and kept in the general fund or operation and maintenance fund as the board of director may designate.
2. The board of directors may make temporary transfers from the general fund to the construction fund and from the construction fund to the general fund, but no such transfer may be made from the debt service fund.
3. The treasurer of the district [is hereby authorized and required to] shall receive and receipt for and [to] collect the [moneys] money accruing to the several funds named in this section and [to] place the [same] money to the credit of the district in the appropriate fund. The treasurer [shall be is responsible upon his official bond for the safekeeping and disbursement of the [moneys in such fund.] money in the funds. Interest coupons [shall] must be paid by him as provided in this chapter. The board may establish rules and regulations and prescribe the conditions under which the treasurer may make disbursements from the general fund, but no other payments from any of the funds named in this section [shall] may be made by the treasurer except upon vouchers signed by the president and secretary, authorized by order of the board. The county treasurer or treasurers who are required by this chapter to collect assessments levied by the district [are hereby authorized to] may turn over to the treasurer of the district all [moneys] money so collected and [to] take his receipt therefor. The district treasurer shall report to the board in writing on the 1st Monday in each month the amount of money in the several funds [aforesaid] and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. Such reports [shall] must be verified and filed with the secretary of the board.
Sec. 8. NRS 309.300 is hereby amended to read as follows:
309.300 1. At its regular meeting in January the board of directors shall fix the rate and levy an assessment upon the lands in the district, in accordance with the provisions of this chapter, which levy and assessment [shall] must be sufficient to raise the annual interest on the outstanding bonds or any contractual obligation. The board must increase the assessment in such amount as may be necessary from year to year to raise a sum sufficient to pay the principal of any outstanding contractual obligation, as [such] the principal may be required to be paid under the terms of the contract. The board may levy a tax upon the lands in the district either upon the same pro rata basis as benefits may have been apportioned, or otherwise, as the case may be, in order to secure such funds as may be deemed necessary to replace any deficit that may occur in a fund created for the repayment of a district obligation by reason of tax delinquencies The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided [herein,] in this section, assessments made for any of the other purposes of this chapter [shall] must be made and levied as above provided and entered in appropriate columns of the assessment book or books.
κ1981 Statutes of Nevada, Page 496 (CHAPTER 253, AB 510)κ
and levied as above provided and entered in appropriate columns of the assessment book or books.
2. In case of failure or refusal of the board of directors to levy an assessment as in this section provided, then, in the event such an assessment has not otherwise been levied, the board of county commissioners of the county in which the office of the district is located shall levy such an assessment at its next regular meeting, or at a special meeting called for [such] that purpose. [The irrigation district bond commission, at any time upon obtaining knowledge of such failure or refusal, shall have power, and the state board of irrigation district bond commissioners shall levy such assessment forthwith.] The district attorney of the county in which the office of any improvement district is located, at the time [such] an assessment should be made, shall ascertain the fact in respect to the [same,] assessment, and, if [such] the assessment has not been made by the board of directors as required, shall immediately notify the board of county commissioners [, the state board of irrigation district bond commissioners,] and the attorney general in respect to such failure. The district attorney and the attorney general shall aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act. Where the last preceding assessment made will raise a sufficient revenue for the purposes of this section, in the event no other assessment is made, [such] that assessment shall be deemed to have been levied for succeeding years, so long as it will produce the revenue required, and the taxes [shall] must be collected in the same manner, and all officers shall perform the same duties in respect thereto, as though [such] that assessment had been made for the particular year by the board of directors of the district. Where the assessment which should have been levied can be determined by a mere mathematical computation based on the relation between the amount to be raised for interest or interest and the redemption of bonds for any particular year and the apportionment of benefits in the district, [such] the assessment shall be deemed to have been made, and the taxes based thereon [shall] must be collected the same as though [such] the assessment had been regularly levied by the board of directors of the district.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 389Committee on Government Affairs
CHAPTER 254
AN ACT relating to the investment of state money; requiring the state treasurer to establish policies for investment of state money, subject to review and approval of those policies by the state board of finance; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 355.045 is hereby amended to read as follows:
355.045 The state board of finance shall [prescribe] review and approve or disapprove the investment policies [to which all investments made by the state treasurer under this chapter must conform.]
κ1981 Statutes of Nevada, Page 497 (CHAPTER 254, AB 389)κ
approve or disapprove the investment policies [to which all investments made by the state treasurer under this chapter must conform.] established by the state treasurer for investment of money of the state. The board shall review those policies at least every 4 months.
Sec. 2. NRS 226.110 is hereby amended to read as follows:
226.110 The state treasurer shall:
1. Receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.
2. Receipt to the state controller for all money received, from whatever source, and at the time of receiving it.
3. Establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.
4. Disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered, and paid in the order of their registry.
[4.] 5. Keep a just, true and comprehensive account of all money received and disbursed.
[5.] 6. Deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.
[6. Keep his office open for the transaction of business during the time required by law.]
7. Fix, charge and collect reasonable fees for:
(a) Investing the money in the funds and account described in subsection 3 of NRS 356.087; and
(b) Special services rendered to other state agencies which increase the cost of operating his office.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Assembly Bill No. 527Committee on Government Affairs
CHAPTER 255
AN ACT relating to public employees; providing a procedure for the payment of normal salary to a public employee when he is eligible at the same time for sick leave and certain benefits under chapter 616 or 617 of NRS; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.390 is hereby amended to read as follows:
281.390 1. When any public employee is eligible at the same time for benefits for temporary total disability under chapter 616 or 617 of NRS and for any sick leave benefit [:
1. The] , he may, by giving notice to his employer, elect to continue to receive his normal salary instead of the benefits under chapter 616 or 617 of NRS until his accrued sick leave time is exhausted. The employer shall notify the Nevada industrial commission of the election.
κ1981 Statutes of Nevada, Page 498 (CHAPTER 255, AB 527)κ
The employer shall continue to pay the employee his normal salary but charge against the employees accrued sick leave time as taken during the pay period an amount which represents the difference between his normal salary and the amount of any benefit for temporary total disability received, exclusive of reimbursement or payment of medical or hospital expenses under chapter 616 or 617 of NRS for that pay period.
2. When the employees accrued sick leave time is exhausted, payment of his normal salary under subsection 1 must be discontinued and the employer shall promptly notify the Nevada industrial commission so that it may begin paying the benefits to which the employee is entitled directly to the employee.
3. An employee who declines to make the election provided in subsection 1, may use all or part of the sick leave benefit normally payable to him while directly receiving benefits for temporary total disability under chapter 616 or 617 of NRS, but the amount of sick leave benefit paid to [such] the employee for any pay period [shall] must not exceed the difference between his [or her] normal salary and the amount of any benefit received, exclusive of reimbursement or payment of medical or hospital expenses under chapter 616 or 617 of NRS for that pay period.
[2.] 4. If the amount of the employees sick leave benefit is reduced pursuant to subsection [1] 3 below the amount normally payable, the amount of sick leave time charged against [such] the employee as taken during that pay period [shall] must be reduced in the same proportion.
[3.] 5. The public employee may decline to use any or part of the sick leave benefit normally payable to him [or her] while receiving benefits under chapter 616 or 617 of NRS. During [such] that period of time the employee shall be considered on leave of absence without pay.
________
Senate Bill No. 326Committee on Human Resources and Facilities
CHAPTER 256
AN ACT relating to public schools; specifying the limit placed on the amount of emergency financial assistance which may be allocated to school districts; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 387.1245 is hereby amended to read as follows:
387.1245 The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS are less than the total estimated receipts from [such] these sources in the final approved budget for [such] the fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
κ1981 Statutes of Nevada, Page 499 (CHAPTER 256, SB 326)κ
1. The tax levy for the applying district [shall] must be the maximum [of $1.50] for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.328.
2. [Such application shall] Each application must be made to the state board of education in [such form as shall be] the form prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
3. Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from that fund during the biennium, and shall make no distribution in excess of that difference.
4. The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making [such] this determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief. Any money allocated by the state board of education under this section may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.
5. If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then current estimate of the total requirements to be paid from the state distributive school fund during the then current fiscal year.
6. The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request. Any emergency assistance granted by the state board of examiners may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.
7. The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. [Upon receipt of a] A claim pursuant to a grant of emergency assistance [, such claim shall] must be paid from the state distributive school fund as other claims against the state are paid.
8. Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of [such] that school district for the fiscal year for which [such] the grant is made. No formal action to incorporate the money so received in the approved budget is required, but [such receipts shall] the receipts must be reported as other receipts are reported and explained in a footnote as short-term financing is explained.
κ1981 Statutes of Nevada, Page 500 (CHAPTER 256, SB 326)κ
budget is required, but [such receipts shall] the receipts must be reported as other receipts are reported and explained in a footnote as short-term financing is explained.
9. The state board of education shall transmit to the legislature a report of each grant of emergency assistance paid pursuant to this section.
Sec. 2. Section 29 of chapter 149, Statutes of Nevada 1981, is hereby amended to read as follows:
Sec. 29. NRS 387.1245 is hereby amended to read as follows:
387.1245 1. The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS are less than the total estimated receipts from these sources in the final approved budget for the fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund. [and may be granted such assistance upon compliance with the following conditions and procedures:
1. The tax levy for the applying district must be the maximum for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.328.
2. Each] 2. The application must be made to the state board of education in the form prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
3. Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from that fund during the biennium, and shall make no distribution in excess of that difference.
4. The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making this determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief. Any money allocated by the state board of education under this section may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.
5. If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then current estimate of the total requirements to be paid from the state distributive school fund during the then current fiscal year.
κ1981 Statutes of Nevada, Page 501 (CHAPTER 256, SB 326)κ
6. The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request. Any emergency assistance granted by the state board of examiners may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.
7. The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. A claim pursuant to a grant of emergency assistance must be paid from the state distributive school fund as other claims against the state are paid.
8. Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of that school district for the fiscal year for which the grant is made. No formal action to incorporate the money so received in the approved budget is required, but the receipts must be reported as other receipts are reported and explained in a footnote as short-term financing is explained.
9. The state board of education shall transmit to the legislature a report of each grant of emergency assistance paid pursuant to this section.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 511Committee on Government Affairs
CHAPTER 257
AN ACT relating to public employees retirement; revising the definition of police officer; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.061 is hereby amended to read as follows:
286.061 1. Police officer means a member, who is a full-time employee of a participating public employer, whose principal duties consist of enforcing the laws of the State of Nevada or any of its political subdivisions and who is:
(a) A member of the Nevada highway patrol who exercises the police powers specified in NRS 481.0491 and 481.180;
(b) The sheriff of a county or of a metropolitan police department, a detective, or a deputy sheriff;
κ1981 Statutes of Nevada, Page 502 (CHAPTER 257, AB 511)κ
(c) The chief of police of an incorporated city or unincorporated town, a detective, or a subordinate police officer;
(d) A correctional officer of the state prison whose duties require daily contact with the prisoners for a majority of his work;
(e) A guard, jailer or matron of a county or city jail;
(f) An agent of the investigation and narcotics division of the department of law enforcement assistance; [or]
(g) Any person who, before July 1, 1977, was a member of the University of Nevada System police department, or a special investigator employed by the attorney general or by a district attorney, or a correctional officer of the state prison whose duties did not require daily contact with the prisoners for a majority of his work;
(h) Any person who, before July 1, 1979, was a parole or probation officer of the department of parole and probation; or
(i) The former holder of one of the positions enumerated in paragraphs (a) to (f), inclusive, or a person eligible under paragraph (g) or (h), who has been promoted by the same public employer to a position related to law enforcement.
2. The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed police officers. Service in any position not enumerated in this section does not entitle a member to early retirement as a police officer.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 115Assemblyman Banner
CHAPTER 258
AN ACT relating to industrial insurance; authorizing the commission to enter agreements with health care facilities to provide rehabilitative services for the public within the commissions facilities; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.223 is hereby amended to read as follows:
616.223 1. [Subject to the provisions of this section, the commission shall each year enter into a cooperative agreement with the rehabilitation division of the department of human resources, and may annually enter into agreements with other agencies to benefit disabled employees entitled to compensation and benefits pursuant to the provisions of this chapter by best using the resources of each agency to provide rehabilitation services and to enable those employees and other disabled persons to enter or return to gainful employment.
2. Among other things the cooperative agreements must provide:
(a) That each agency will establish procedures which require that agency to provide any services offered by it for disabled persons, at any of its facilities, at the request of the other agency, if:
κ1981 Statutes of Nevada, Page 503 (CHAPTER 258, AB 115)κ
agency to provide any services offered by it for disabled persons, at any of its facilities, at the request of the other agency, if:
(1) The services are in the best interests of the disabled persons; and
(2) The agency to which the person is referred is providing full service to the disabled persons for whom it is responsible and has space and facilities left over to provide the services to the person referred.
(b) That each agency will provide services to persons referred at rates which are reasonable in relation to the cost of the services.
(c) Standards and procedures for referrals.
(d) Reporting procedures which require that the agency providing services at the request of another agency make reports of the progress of the disabled person to the referring agency at least monthly.
3. The commission, and the rehabilitation division of the department of human resources through the director of that department, shall report annually to the governor. The report must contain information on the effectiveness of services furnished under the agreement. The governor may require that any succeeding annual agreement be modified to provide more effective services to disabled employees.] The commission and the rehabilitation division of the department of human resources shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.
2. The commission may enter into agreements with other public agencies and private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases.
3. The commission may enter into agreements with health and care facilities to provide services for rehabilitation to patients of the health and care facilities in facilities operated by the commission.
4. The commission may admit to any of its facilities any person who is suffering from an injury caused by trauma and who has been referred by a physician for the purpose of receiving services for rehabilitation.
5. In providing services under an agreement entered into pursuant to this section, the commission must give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other injured persons for the purpose of providing services for rehabilitation, the commission may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.
6. Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the commission may add a reasonable charge for administration of each case.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 504κ
Assembly Bill No. 519Assemblyman Robinson
CHAPTER 259
AN ACT relating to physicians; removing an inappropriate reference to the renewal of licenses; and providing other maters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 630.287 is hereby amended to read as follows:
630.287 The board may require physicians who are licensed under this chapter to comply with continuing education requirements adopted by the board as a prerequisite to [the renewal of their licenses.] annual registration.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 457Committee on Ways and Means
CHAPTER 260
AN ACT providing for the reversion to the state general fund of a prior appropriation made to the attorney general for the costs of legal proceedings arising from the Tahoe Regional Planning Agency; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any remaining balance of the appropriation allowed and made by section 1 of chapter 148, Statutes of Nevada 1973, at page 204, to the attorney general for the purpose of paying the costs attendant in defending any legal proceedings against the State of Nevada arising out of any action of the Tahoe Regional Planning Agency must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 505κ
Assembly Bill No. 518Assemblyman Robinson
CHAPTER 261
AN ACT relating to savings and loan associations; eliminating a duplicate reference to judicial review; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 673.035 is hereby amended to read as follows:
673.035 The commissioner shall administer the provisions of this chapter, subject to administrative supervision by the director. He shall make the decisions, determinations and enter the consents and orders necessary or reasonably appropriate to accomplish the purposes of this chapter. [Nothing in this chapter shall be construed to prevent an association or person affected by any order, ruling, proceeding, act or action of the commissioner or any person acting on his behalf, or the director or any person acting on his behalf and at his instance, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error or other proper process or proceeding, mandatory or otherwise.]
Sec. 2. NRS 673.050 is hereby amended to read as follows:
673.050 Nothing in this chapter [shall be construed to prevent] prevents an association or person affected by any order, ruling, proceeding, act or action of the commissioner [,] or any person acting in his behalf and at his instance, or the director or any person acting on his behalf and at his instance, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error or other proper process or proceeding, mandatory or otherwise.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 523Committee on Government Affairs
CHAPTER 262
AN ACT relating to the property tax; broadening the provision for acquisition of tax-delinquent property by local governments without cost; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.603 is hereby amended to read as follows:
361.603 1. Any local government or the University of Nevada System may, in the manner provided in this section, acquire property held in trust by the treasurer of the county in which [such] the local government or any part of the system is located by virtue of any deed made pursuant to the provisions of this chapter.
κ1981 Statutes of Nevada, Page 506 (CHAPTER 262, AB 523)κ
government or any part of the system is located by virtue of any deed made pursuant to the provisions of this chapter.
2. Whenever any local government or the system determines that a public purpose may be served by the acquisition of [such] the property, it may make application to the board of county commissioners for permission to acquire [such] the property. If the board of county commissioners approves the application, it shall direct the county treasurer to give notice of intent to sell to the last-known owner or heirs or devisees of the last-known owner of the property in the manner provided by law.
3. The last-known owner may, within 90 days of [such] the notice, redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
4. If the owner fails to redeem the property within the time allowed, the county treasurer shall transfer the property to the local government or the board of regents of the University of Nevada upon receiving from it the amount of the delinquent taxes, except as otherwise provided in subsection 5.
5. If property [which was was offered for dedication as a street] is so transferred to a local government [,] for street, sewer or drainage uses, the delinquent taxes need not be paid.
________
Assembly Bill No. 529Committee on Judiciary
CHAPTER 263
AN ACT relating to habeas corpus; clarifying the provisions for appeals from the denial of a writ; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 34.375 is hereby amended to read as follows:
34.375 1. Except as provided in subsection 2, a pretrial petition for a writ of habeas corpus based on alleged want of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge [shall] may not be considered unless:
(a) The petition and all supporting documents are filed within 21 days after the first appearance of the accused in the district court; and
(b) The petition contains a statement that the accused:
(1) Waives the [60 day] 60-day limitation for bringing an accused to trial; or
(2) If the petition is not decided within 15 days before the date set for trial, consents that the court may, without notice or hearing, continue the trial indefinitely or to a date designated by the court. [;
(3) If any party appeals the courts ruling and the appeal is not determined before the date set for trial, consents that the trial date is automatically vacated and the trial postponed unless the court otherwise orders.]
κ1981 Statutes of Nevada, Page 507 (CHAPTER 263, AB 529)κ
determined before the date set for trial, consents that the trial date is automatically vacated and the trial postponed unless the court otherwise orders.]
2. The court may extend, for good cause, the time to file a petition. Good cause shall be deemed to exist if the transcript of the preliminary hearing or of the proceedings before the grand jury is not available within 14 days after the accuseds initial appearance and the court shall grant an ex parte application to extend the time for filing a petition. All other applications [shall] may be made only after appropriate notice has been given to the district attorney.
Sec. 2. NRS 34.380 is hereby amended to read as follows:
34.380 1. [Except as otherwise provided in this section, a writ of habeas corpus may be granted by each justice of the supreme court or judges of district courts at any time.
2. Each of the justices of the supreme court may issue writs of habeas corpus to any part of the state, on petition by, or on behalf of any person held in actual custody, and may make such writ returnable before himself or before the supreme court, or before any district court in the state or before any judge of the district court, as provided in section 4 of article 6 of the constitution of the State of Nevada.
3. A district judge may only issue writs of habeas corpus on petition by, or in behalf of, any person held in actual custody within the judicial district of the district judge to whom application for the writ is made, as provided in section 6 of article 6 of the constitution of the State of Nevada.
4.] A district court shall not consider any pretrial petition for habeas corpus:
(a) Based on alleged want of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge unless a petition is filed in accordance with NRS 34.375.
(b) Based on a ground which the petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.
[5.] 2. When an application is made to a justice of the supreme court for a writ of habeas corpus and the application is entertained by the justice, or the supreme court, and thereafter denied, the person making [such] the application has no right to submit thereafter an application to the district judge of the district wherein [such] the applicant is held in custody, not to any other district judge in any other judicial district of the state, premised upon the illegality of the same charge upon which [such] the applicant is held in custody.
[6.] 3. An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 15 days after the day of entry of the order or judgment.
4. The State of Nevada is an interested party in habeas corpus proceedings, and, [in the event] if the district judge or district court to whom or to which an application for a writ of habeas corpus has been made [shall grant such] grants the writ, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; but [such appeal shall] the appeal must be taken within 15 days from the day of entry of the order.
κ1981 Statutes of Nevada, Page 508 (CHAPTER 263, AB 529)κ
made [shall grant such] grants the writ, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; but [such appeal shall] the appeal must be taken within 15 days from the day of entry of the order.
[7.] 5. Whenever an appeal is taken from an order of the district court granting a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the courts right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court of Nevada, as the record on appeal, the original papers on which [such] the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of [such] the transcript in preference to any request for a transcript in any civil matter. When [such] the appeal is docketed in the supreme court of Nevada, it stands submitted without further briefs or oral argument, unless the supreme court otherwise orders.
[8.] 6. Any procedure provided by law for a change of judge in a civil proceeding before any court of this state, except the supreme court, applies to the proceedings set forth in this section.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 146Assemblymen Dini, Mello, May, Jeffrey, Dubois, Schofield, Nicholas, Craddock and Coulter
CHAPTER 264
AN ACT relating to administrative regulations; authorizing the legislature to prevent an administrative regulation from becoming effective; and providing other matters properly relating thereto.
[Approved May 19, 1981]
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] have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.
κ1981 Statutes of Nevada, Page 509 (CHAPTER 264, AB 146)κ
have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.
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 and a regular meeting is held within 35 days 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 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] it 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] the commissions 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.
κ1981 Statutes of Nevada, Page 510 (CHAPTER 264, AB 146)κ
(b) A waiver of its review of a regulation in cases of administrative convenience or necessity.]
Sec. 2. Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. If the legislative commission has objected to a regulation, the agency may revise it and return it to the director of the legislative counsel bureau. Upon receipt of the revised regulation, the director shall resubmit the regulation to the commission at its next regularly scheduled meeting. If there is no objection to the revised regulation, he shall promptly file it with the secretary of state and notify the agency of the filing.
2. If a majority of the members of the commission object to the revised regulation, the agency may continue to revise it and resubmit it to the commission.
3. If the agency refuses to revise a regulation to which the commission has objected, the commission may postpone the filing of the regulation until the 30th day of the next regular session of the legislature. Before the 30th day of the next regular session the legislature may, by concurrent resolution, declare that the regulation shall not become effective. The director shall thereupon notify the agency that the regulation will not be filed and must not be enforced. If the legislature has not so declared by the 30th day of the session, the director shall promptly file the regulation and notify the agency of the filing.
Sec. 4. The legislative commission may provide for:
1. Its early review of a regulation after the agency has given notice of a hearing on the regulation but before the hearing is held. If the regulation adopted after the hearing is identical to the regulation submitted for early review, the director shall promptly file the regulation with the secretary of state and notify the agency of the filing.
2. A waiver of its review of a regulation in a case of administrative convenience or necessity.
Sec. 5. NRS 233B.068 is hereby repealed.
________
Assembly Bill No. 151Committee on Commerce
CHAPTER 265
AN ACT relating to county hospitals; removing the provision that authorizes general obligation bonds to be issued without being authorized by an election; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.290 is hereby amended to read as follows:
450.290 1. Subject to the provisions of NRS 450.010 to 450.510, inclusive, for any hospital project stated in a bond question approved as provided in NRS 350.070, the board of county commissioners, at any time, in the name and on the behalf of the county, may issue:
κ1981 Statutes of Nevada, Page 511 (CHAPTER 265, AB 151)κ
provided in NRS 350.070, the board of county commissioners, at any time, in the name and on the behalf of the county, may issue:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of the hospital facilities, and, if so determined by the board of county commissioners, further secured by a pledge of gross or net revenues derived from any other income-producing project of the county or from any license or other excise taxes levied by the county for revenue, as may be legally made available for their payment.
2. The board of county commissioners of any county having a population of 250,000 or more, in the name and on behalf of the county, may issue, for any hospital project, without the securities being authorized at any election [:
(a) Special] , special obligation municipal securities payable solely from net revenues or gross revenues derived from the operation of hospital facilities.
[(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of hospital facilities. The board of county commissioners may use for the payment of principal or interest of the bonds, or both, any other revenue available to the county. Bonds may be issued under the authority of this paragraph only if their principal amount, plus the principal amount of any previously so issued, does not exceed 1 percent of the assessed valuation of all taxable property in the county.]
________
Senate Bill No. 567Committee on Government Affairs
CHAPTER 266
AN ACT relating to county and district hospitals; empowering them to contract for emergency medical or other services and to establish a separate organization to perform the services; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to having the powers conferred under chapter 277 of NRS, a county or district hospital may contract with a private hospital or other organization for emergency medical services, including the transportation of patients, or any other services required for the operation of a hospital. The services may be performed by the parties to the contract or the parties may establish a separate organization for that purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 512κ
Assembly Bill No. 565Committee on Education
CHAPTER 267
AN ACT relating to the state board of education; clarifying provisions on procedures for the suspension or revocation of certificates of teachers, administrators and other educational personnel; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 391.355 is hereby amended to read as follows:
391.355 1. The state board of education, with the assistance of the attorney general, shall develop and the board shall adopt rules of procedure for the conduct of hearings involving suspension or revocation of certificates of teachers, administrators and other educational personnel.
2. The rules of procedure must provide for boards of trustees of school districts or the superintendent of public instruction or his designee to bring charges, when cause exists.
3. The state board of education may issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of certificates.
4. A hearing officer, selected under NRS 391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915 shall conduct the hearing and report findings of fact and conclusions of law, along with recommendations, to the state board of education. The state board may accept or reject the recommendations or refer the report back to the hearing officer for further evidence and recommendation, and shall notify the teacher, administrator or other certificated person in writing of [the hearing officers] its decision.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 411Committee on Commerce
CHAPTER 268
AN ACT relating to savings and loan associations; enlarging the authority of those associations to manage real property; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 673.332 is hereby amended to read as follows:
673.332 1. An association may hold, manage and convey real property, including apartments and other buildings:
(a) Acquired by foreclosure or a conveyance in lieu of foreclosure; or
(b) Developed [and] or built by the association.
κ1981 Statutes of Nevada, Page 513 (CHAPTER 268, AB 411)κ
Unless the association has received a written waiver from the commissioner, the total of money which it has advanced or committed for property which it has developed or built may not exceed twice the sum of its capital, surplus, undivided profits, loan reserve, federal insurance reserve and any other reserves specified by the commissioner.
2. When an association acquires title to any real property [by foreclosure or by a conveyance in lieu of foreclosure,] pursuant to subsection 1, the document representing the transaction must be recorded immediately. This subsection does not require recordation of the evidences of any transfer of stock resulting from foreclosure of an interest in a cooperative housing corporation.
[2.] 3. An appropriate real-estate-owned account must be set up for the property acquired and a separate subsidiary ledger or other appropriate record must be maintained therefor. The amount carried in the account must be the sum of the unpaid principal balance of the loan plus foreclosure costs, less any advance payments and any funds held in the loans-in-process account at the time of acquisition, together with:
(a) Any amounts paid after acquisition for real property taxes which have accrued prior to acquisition;
(b) Assessments due or delinquent at the time of acquisition; and
(c) Necessary acquisition costs and costs of insurance premiums.
[3.] 4. The subsidiary ledger record or other appropriate record on each property acquired must indicate:
(a) The type and character of the property acquired.
(b) All capitalized items of investment with related costs.
(c) Former loan or contract of sale account numbers.
________
Senate Bill No. 479Senator Blakemore
CHAPTER 269
AN ACT relating to real estate brokers, broker-salesmen and salesmen; providing that sole shareholders of professional corporations may be licensed on behalf of their corporations as real estate broker-salesmen or salesmen; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any natural person who:
(a) Meets the qualifications of a real estate broker-salesman or salesman; and
(b) Except as provided in subsection 2, is the sole shareholder of a corporation organized under the provisions of chapter 89 of NRS, may be licensed on behalf of the corporation for the purpose of associating with a licensed real estate broker in the capacity of a broker-salesman or salesman.
κ1981 Statutes of Nevada, Page 514 (CHAPTER 269, SB 479)κ
may be licensed on behalf of the corporation for the purpose of associating with a licensed real estate broker in the capacity of a broker-salesman or salesman.
2. The spouse of the owner of the corporation who has a community interest in any shares of the corporation shall not be deemed a second shareholder of the corporation for the purposes of paragraph (b) of subsection 1, if the spouse does not vote any of those shares.
3. A license issued under this section entitles only the sole shareholder of the corporation to act as a broker-salesman or salesman, and only as an officer of the corporation and not on his own behalf. The licensee may not do or deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030, except as that activity is permitted under this chapter to licensed broker-salesmen and salesmen.
4. The corporation shall, within 30 days after a license is issued on its behalf pursuant to this section and within 30 days after any change in its ownership, file an affidavit with the division stating the number of issued and outstanding shares of the corporation and the names of all persons to whom the shares have been issued.
5. A license issued under this section automatically expires upon:
(a) The death of the licensed shareholder.
(b) The issuance of shares in the corporation to more than one person other than the spouse.
6. Nothing in this section alters any of the rights, duties or liabilities which otherwise arise in the legal relationship between a real estate broker, broker-salesman or salesman and a person who deals with him.
Sec. 2. NRS 645.230 is hereby amended to read as follows:
645.230 1. [After June 1, 1947, it shall be] It is unlawful for any person, copartnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as, a real estate broker, real estate broker-salesman or real estate salesman within the State of Nevada without first obtaining [a license as a real estate broker or real estate salesman] the appropriate license from the real estate division as provided for in this chapter.
2. The real estate division may prefer a complaint for violation of this section before any court of competent jurisdiction; and the real estate division may assist in presenting the law or facts upon any trial for a violation of this section.
3. The district attorney of each county shall prosecute all violations of this section in their respective counties in which violations occur, unless prosecuted by the attorney general. Upon the request of the administrator the attorney general shall prosecute any violation of this section in lieu of the district attorney.
Sec. 3. NRS 645.350 is hereby amended to read as follows:
645.350 1. Application for examination for license as a real estate broker, broker-salesman or salesman must be made in writing to the division upon blanks prepared or furnished by the division.
2. Every application for examination for a real estate brokers, broker-salesmans or salesmans license must set forth the following information:
κ1981 Statutes of Nevada, Page 515 (CHAPTER 269, SB 479)κ
(a) The name, age and address of the applicant. If the applicant is a copartnership or an association which is doing business as a real estate broker, the name and address of each member thereof. If the application is for a corporation which is doing business as a real estate salesman, real estate broker-salesman or real estate broker, the name and address of each officer and director thereof.
(b) The name, if known, under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicants firm, copartnership or association. [A license shall] Except as provided in section 1 of this act, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license [shall] must not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
(c) The place or places, including the street number, the city and county where the business is to be conducted, if known.
(d) The business or occupation engaged in by the applicant for a period of at least 2 years immediately preceding the date of the application, and the location thereof; if a copartnership or an association is doing business as a real estate broker, by each member thereof, or if a corporation, by each officer thereof.
(e) The time and place of the applicants previous experience in the real estate business as a broker or salesman.
(f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty to a charge of felony, and if so, the nature of the felony.
(g) Whether the applicant has been refused a real estate brokers, broker-salesmans or salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state.
(h) If the applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.
3. An applicant for examination for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated. The statement must be provided to the division and must contain:
(a) The information required in an application for a brokers license.
(b) The name and address of the applicants last employer.
(c) The name and place of business of the person who employs the applicant or with whom he will be associated.
4. If the information required in paragraphs (b) and (c) of subsection 2 is not known at the time of the application, it must be furnished as an addendum to the application as soon as it becomes known to the applicant.
5. If a copartnership or association is doing business as a real estate broker, the application for a brokers license must be verified by at least two members thereof.
κ1981 Statutes of Nevada, Page 516 (CHAPTER 269, SB 479)κ
two members thereof. If a corporation is doing business as a real estate broker, the application must be verified by the president and the secretary thereof.
________
Assembly Bill No. 176Assemblyman Dini
CHAPTER 270
AN ACT relating to irrigation districts; reducing the number of acres needed to qualify an elector to vote in elections of such districts; providing a system of weighted voting; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 539.123 is hereby amended to read as follows:
539.123 1. Any person [, male or female, of the age of] 21 years of age or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an elector for the purposes for this chapter and is entitled to [one] vote at any election held under the provisions of this chapter, except an election governed by NRS 539.553, if the following conditions as to ownership of land are met:
(a) The elector [shall] must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a [contract] contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.
(b) The acreage of [such] the land must be [20] 5 acres or more. The holder of an undivided interest in land is an elector only if the product of the fraction representing his interest multiplied by the number of acres subject to his interest equals [20] 5 acres or more, but if an elector qualifies with respect to [40] 10 acres or more and his interest is community property, his spouse is an elector whether or not [such] the spouse appears of record as the owner of an interest in [such] the acreage. If two or more persons hold undivided or community interests in [20] 5 acres or more, and none of them otherwise qualifies as an elector under this subsection, one such person may vote upon presenting the written consent of his fellow holders.
(c) A surface water right must be appurtenant to the acreage.
2. An elector is entitled to vote according to the land which he owns outright or as the fractional equivalent of an undivided interest as determined under the formula in paragraph (b) of subsection 1, as follows:
(a) Five acres or more, but less than 10 acres, 1 vote.
(b) Ten acres or more, but less than 15 acres, 2 votes.
(c) Fifteen acres or more, but less than 20 acres, 3 votes
(d) Twenty acres or more, but less than 120 acres, 4 votes.
(e) For each additional 100 acres, 1 vote.
The district shall issue a separate ballot for each vote which an elector is entitled to cast.
κ1981 Statutes of Nevada, Page 517 (CHAPTER 270, AB 176)κ
[2.] 3. Any elector [residing] who resides outside [of] the district [owning] , who owns at least [20] 5 acres of land in the district, and who is qualified to vote at district elections [,] shall be considered [as] a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
[3.] 4. Any elector [residing] who resides within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.
[4.] 5. A guardian, executor or administrator shall be considered [as] the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is [such] the guardian, executor or administrator, and [shall have] has the right to sign petitions, vote and do all things that any elector may [or can] do under this chapter.
[5.] 6. Corporations holding land in the district shall be considered [as] persons entitled to exercise all the rights of natural persons, and the president of [the] such a corporation, or other person [duly] authorized in writing by the president [of the corporation, or other person duly authorized by the president] or vice president [, in writing,] of the corporation, may sign any petition authorized by this chapter, and register and cast the vote of the corporation at any election.
Sec. 2. NRS 539.553 is hereby amended to read as follows:
539.553 In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure [shall] must be followed:
1. The secretary of the district shall prepare from the assessment book a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector. For the purposes of this section, the number of acres listed to an elector who holds an undivided interest in land [shall be] is the product of the fraction representing his interest multiplied by the number of acres subject to his interest.
2. At the time and place appointed for the election, [such list shall] the list must be open for inspection. An inspector of election shall mark indelibly upon the ballot issued to each elector the number of acres listed to [such] the elector. If both spouses vote with respect to acreage in which their interest is community property, the number of acres listed [shall] must be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders of an acreage of [20] 5 acres or more with respect to which there is no otherwise qualified elector, the entire acreage [shall] must be attributed to him.
3. An elector is entitled to vote on the proposal according to the land which he owns outright or as the fractional equivalent of an undivided interest as determined by the formula in subsection 1, as follows:
(a) Five acres or more, but less than 10 acres, 1 vote.
(b) Ten acres or more, but less than 15 acres, 2 votes.
(c) Fifteen acres or more, but less than 20 acres, 3 votes.
κ1981 Statutes of Nevada, Page 518 (CHAPTER 270, AB 176)κ
(d) Twenty acres or more, but less than 120 acres, 4 votes.
(e) For each additional 100 acres, 1 vote.
4. At the end of the time appointed for voting, the secretary of the district shall determine the total number of [electors] votes cast approving the proposal and shall declare it passed if [:
(a) The] the proposal is approved by a majority of the [electors voting; and
(b) The proposal is approved by electors holding property representing a majority of the number of acres listed to electors voting in the election.
4.] votes cast.
5. If the proposal is not so approved, [the proposal] it is rejected and [such result shall] the result must be entered of record.
[5.] 6. No informalities in conducting the election [shall] invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
[6.] 7. For the purposes of this section, eligibility to vote and the number of acres listed to each elector [shall] must be determined from the current assessment book. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.
________
Senate Bill No. 559Committee on Government Affairs
CHAPTER 271
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.1 of the above-entitled act, being chapter 646, Statutes of Nevada 1971, as amended by chapter 664, Statutes of Nevada 1975, at page 1316, is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 519 (CHAPTER 271, SB 559)κ
Sec. 1.l. 1. The Las Vegas Valley water district is hereby designated as the agency responsible for water distribution within the boundaries of the district. The water district may exercise, in connection with its distribution functions, all of the powers granted in this act.
2. The water district shall assume supervision, operation and maintenance of all existing and future Southern Nevada water project facilities and water treatment plants, and shall assess the costs against the users of water.
3. It is the intent of the Nevada legislature that upon completion of the project works authorized under P.L. 89292 as evidenced by notice of the Secretary of the Interior [but no later than July 1, 1982,] or on July 1, 1983, whichever is later, the administration of the Southern Nevada water project facilities and water treatment plants be carried out by the Las Vegas Valley water district as an agent of the state.
________
Assembly Bill No. 240Committee on Judiciary
CHAPTER 272
AN ACT relating to the registration of convicted felons; providing for the use of the standard of felony applicable in the place outside Nevada where the conviction took place; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is: [defined as:]
(a) Any person [who, before or after March 15, 1955, was or is] convicted in the State of Nevada of an offense punishable as a felony [in the State of Nevada, or who has been or who is hereafter] or convicted [of any offense] in any place other than the State of Nevada [, which offense, if committed in the State of Nevada, would be punishable as a felony.] of a felony or any other offense which is punishable by imprisonment for 1 year or more.
(b) Any person [who, before or after March 15, 1955, was or is] convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the violation is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
κ1981 Statutes of Nevada, Page 520 (CHAPTER 272, AB 240)κ
for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person [who, before or after March 15, 1955, was or is] convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.030 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145, or [who, before or after March 15, 1955, was or is] convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of [such] those sections.
(d) Any person [who, before or after March 15, 1955, was or is] convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
________
Senate Bill No. 581Committee on Judiciary
CHAPTER 273
AN ACT relating to the estates of decedents; clarifying the provision pertaining to the vesting of a husbands estate when his wife has died intestate; authorizing the delay of the accounting due from a special administrator when he is subsequently appointed executor; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 134.210 is hereby amended to read as follows:
134.210 Whenever any wife dies intestate, [without issue,] leaving heirs, [and] if the husband dies intestate subsequently to his wife, without heirs, leaving property, his estate [shall vest] vests in the heirs of the wife, subject to expenses of administration and payment of legal debts against the estate.
Sec. 2. NRS 140.080 is hereby amended to read as follows:
140.080 The special administrator shall also render an account, under oath, of his proceedings in like manner as other administrators are required to do; but if a person serving as special administrator is appointed the succeeding general administrator [,] or the executor, the accounting otherwise due from him as special administrator may be included in his first accounting as general administrator [.]
κ1981 Statutes of Nevada, Page 521 (CHAPTER 273, SB 581)κ
appointed the succeeding general administrator [,] or the executor, the accounting otherwise due from him as special administrator may be included in his first accounting as general administrator [.] or executor.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 530Committee on Judiciary
CHAPTER 274
AN ACT relating to first degree murder; correcting the terminology of aggravating circumstances; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, or was an accomplice, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, [forcible rape,] sexual assault, arson in the first degree, burglary or kidnaping in the first degree.
5. The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
6. The murder was committed by a person, for himself or another, for the purpose of receiving money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For purposes of this subsection peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation and narcotics division of the department of law enforcement assistance, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees of the department of prisons when carrying out the duties prescribed by the director of the department.
κ1981 Statutes of Nevada, Page 522 (CHAPTER 274, AB 530)κ
8. The murder involved torture, depravity of mind or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 372Committee on Legislative Functions
CHAPTER 275
AN ACT relating to the interim finance committee; providing for the selection of alternate members; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.6822 is hereby amended to read as follows:
218.6822 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection [3,] 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
[3.] 4. The interim finance committee may exercise its powers at all times for the purpose of performing the duties imposed on it by NRS 353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979.
[4.] 5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
[5.] 6. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members [shall] must be taken separately.
κ1981 Statutes of Nevada, Page 523 (CHAPTER 275, AB 372)κ
taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
[6.] 7. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided by law. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 532Committee on Judiciary
CHAPTER 276
AN ACT relating to the juvenile court; clarifying the law pertaining to the certification of a juvenile as an adult in cases of murder or attempted murder; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as provided in subsection 6, any peace officer [,] or probation officer may take into custody any child who is found violating any law or ordinance or whose surroundings are such as to endanger his welfare. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child [shall] must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement [shall] must be submitted to the court as soon as possible. If such person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child [shall] must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention [shall] must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as [shall be] is designated by the court, subject to further order.
κ1981 Statutes of Nevada, Page 524 (CHAPTER 276, AB 532)κ
in such place as [shall be] is designated by the court, subject to further order.
3. Except as provided otherwise in this section a child under 18 years of age [shall] must not at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime [;] , except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts [shall] must be made to keep children who are neglected or in need of supervision apart from children charged with delinquent acts.
4. A child who is taken into custody and detained [shall,] must, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after [such] the child submits an application, excluding Saturdays, Sundays and holidays. A child [shall] must not be released after a detention hearing without the written consent of the judge or master.
5. The official in charge of any detention home may by written order direct the transfer to the county jail of a child placed in the detention home. The child [shall] must not be detained in the county jail for more than 24 hours unless a district judge orders him so detained for a longer period. Such an order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection [shall,] must, where possible, be placed in a cell separate from adults.
6. Whenever any child is halted by a peace officer for any violation of a traffic law or ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
7. During the pendency of a criminal or quasi-criminal charge of murder or attempted murder, a child may petition the juvenile division for temporary placement in a juvenile detention facility. [pending final disposition of the issue of jurisdiction.]
Sec. 2. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 525κ
Assembly Bill No. 414Committee on Health and Welfare
CHAPTER 277
AN ACT relating to nursing; removing the procedure for nominating persons to the state board of nursing; permitting graduates in professional nursing and registered nurses from other jurisdictions to apply for licensure as practical nurses in this state; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 632.040 is hereby amended to read as follows:
632.040 [1.] All appointments to the board [shall] must be made by the governor within 60 days from the time a vacancy occurs.
[2. At least 30 days before the expiration of any term of a registered nurse member, the Nevada State Nurses Association shall submit to the governor a list of its membership qualified for appointment to the board in the number of not less than twice the number of vacancies to be filled. Appointments shall be made by the governor from the list or he may request a new list.
3. At least 30 days before the expiration of any term of a licensed practical nurse member, the Nevada Licensed Practical Nurses Association shall submit to the governor a list of its membership qualified for appointment to the board in the number of not less than twice the number of vacancies to be filled. Appointments shall be made by the governor from such list or he may request a new list.
4. If any vacancy occurs in the membership of the board the list shall be presented to the governor within 30 days after the vacancy occurs.]
Sec. 2. NRS 632.270 is hereby amended to read as follows:
632.270 Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:
1. Is of good moral character.
2. Has a high school diploma or its equivalent as determined by the state board of education.
3. Is at least 18 years of age.
4. [Has successfully] Is qualified by having:
(a) Successfully completed the prescribed course of study in an accredited school of practical nursing [.] or professional nursing; or
(b) Been registered or licensed as a registered nurse under the laws of another jurisdiction.
________
κ1981 Statutes of Nevada, Page 526κ
Assembly Bill No. 94Committee on Government Affairs
CHAPTER 278
AN ACT relating to public works; limiting their definition for certain purposes; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
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 any project for the new construction [of and the repair and] , repair or reconstruction [work on all] of 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 [.] whose cost as a whole exceeds $4,000.
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.
Sec. 2. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The requirements of this chapter do not apply to a contract awarded in compliance with chapter 332 or 333 of NRS which is:
1. Directly related to the normal operation of the public body or the normal maintenance of its property.
2. Awarded to meet an emergency which results from a natural or man-made disaster and which threatens the health, safety or welfare of the public.
________
κ1981 Statutes of Nevada, Page 527κ
Assembly Bill No. 161Assemblyman Robinson (by request)
CHAPTER 279
AN ACT relating to public officers and employees; extending the provisions for military leave for members of an Armed Forces Reserve or the Nevada National Guard; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an active member of the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Air Force Reserve, or the Nevada National Guard must be relieved from his duties, upon his request, to serve under orders without loss of his regular compensation for a period of not more than 15 working days in any 1 calendar year. No such absence may be a part of the employees annual vacation provided for by law.
Sec. 2. NRS 284.370 and 412.078 are hereby repealed.
________
Senate Bill No. 153Senator Jacobsen
CHAPTER 280
AN ACT relating to petroleum products; clarifying specifications and provisions for labeling for certain oils; requiring the display of the price per gallon when fuel is sold in unfamiliar units of measure; changing certain regulations of the advertisement of motor fuel; enlarging the authority of the state sealer of weights and measures to adopt regulations; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 590.040 is hereby amended to read as follows:
590.040 1. It is unlawful for any person [, or any officer, agent or employee thereof,] to sell [, offer for sale or assist in the sale of or permit to be sold or offered for sale] or offer to sell any gasoline, distillate or oil represented as lubricating oil for internal combustion engines, unless [there shall be] a sign or label is firmly attached to or painted at or [as] near [as practicable to] the [point of] outlet of the container from which or into which the gasoline, distillate, or oil represented as lubricating oil or motor oil [for internal combustion engines is drawn or poured out] is dispensed or received for sale or delivery. [a] The sign or label, [consisting of the word or words,] in letters not less than one-half inch in height, [comprising] must contain the brand or trade name [of the petroleum product] followed by the word or words [, in letters not less than one-half inch in height,] Gasoline, Distillate, Lubricating Oil or Motor Oil.
κ1981 Statutes of Nevada, Page 528 (CHAPTER 280, SB 153)κ
The sign or label, [consisting of the word or words,] in letters not less than one-half inch in height, [comprising] must contain the brand or trade name [of the petroleum product] followed by the word or words [, in letters not less than one-half inch in height,] Gasoline, Distillate, Lubricating Oil or Motor Oil. [, as the case may be.] All containers and dispensers of lubricating and motor oil [shall] must also be labeled in the same manner with the S.A.E. grade classification number [.] or other grade number. If a lubricating or motor oil has more than one S.A.E. grade classification number [,] or other grade number, each S.A.E. grade classification number [shall] or other grade number must be included in the label. When [such] the sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters [shall] must be not less than one-half [of an] inch in height. The provisions of this subsection do not apply to any oil labeled prediluted or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.
2. The inlet end of the fill pipe to each underground storage tank of gasoline or distillate [shall] must be labeled with the brand name and the grade of the gasoline or distillate contained therein.
3. Petroleum product delivery outlets on tank delivery trucks [shall] must be labeled to comply with the requirements of this section prior to departure from the bulk plants.
4. If any gasoline [shall have] has no brand or trade name, the sign or label required by subsection 1 [shall] must consist of the words, in letters not less than 3 inches high, Gasoline, No Brand.
5. If any distillate [shall have] has no brand or trade name, the sign or label required by subsection 1 [shall] must consist of the words, in letters not less than 3 inches high, Distillate, No Brand.
6. If any lubricating oil or motor oil [shall have] has no brand or trade name, the sign or label required by subsection 1 [shall] must consist of the words, in letters not less than 3 inches high, Lubricating Oil, No Brand, or Motor Oil, No Brand.
7. On any container with a net content of 1 United States gallon or less, the letters S.A.E. [,] or Grade, the brand, trade-mark or trade name, the name and address of the distributor or manufacturer, the grade classification number, and the words Motor Oil or Lubricating Oil may be painted, printed, embossed or otherwise firmly affixed on such container in letters and numerals of legible size, and [such designation shall constitute] this designation constitutes compliance with the provisions of this section.
8. Small hand measures used for delivery of petroleum products, and filled in the presence of the customer, need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products are drawn or poured into such hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.
Sec. 2. NRS 590.075 is hereby amended to read as follows:
590.075 It is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any diesel fuel for use in internal combustion engines unless [such] the fuel conforms to the latest specifications set forth by the American Society for Testing and Materials — Diesel Fuel Classification.
κ1981 Statutes of Nevada, Page 529 (CHAPTER 280, SB 153)κ
to the latest specifications set forth by the American Society for Testing and Materials — Diesel Fuel Classification. The state sealer of weights and measures may by regulation exempt diesel fuel from strict compliance with those specifications if the fuel is intended for interstate or local use in internal combustion engines or for a specific use other than as fuel for such engines.
Sec. 3. NRS 590.080 is hereby amended to read as follows:
590.080 Crankcase drainings, lube-distillate, or any other petroleum product [shall] may not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in the crankcase of an internal combustion engine unless [such product] it conforms to the following specifications:
1. It [shall] must be free from water and suspended matter when tested by means of centrifuge, in accordance with the testing procedures approved by the state sealer of weights and measures.
2. The flash points for the various S.A.E. (Society of Automotive Engineers) or grade number classifications [shall] must not be less than the following when tested by the Cleveland Open Cup Method in accordance with the testing procedures approved by the state sealer of weights and measures. The S.A.E. classification number of motor or lubricating oils [shall] must conform to the latest Society of Automotive Engineers viscosity classification. Grade numbers 60 and 70 must conform to the requirements listed herein.
[S.A.E. Number] Viscosity Sayboldt Seconds
Viscosity Minimum Flash Universal 210 Degrees
Classification Degrees Fahrenheit Fahrenheit
S.A.E. 5W 305
S.A.E. 10W 335
S.A.E. 20 and 20W 345
S.A.E. 30 355
S.A.E. 40 375
S.A.E. 50 400
Grade 60 435 110 to less than 125
Grade 70 470 125 to less than 150
3. The provisions of this section do not apply to any oil labeled prediluted or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.
Sec. 4. NRS 590.100 is hereby amended to read as follows:
590.100 The state sealer of weights and measures is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and [shall have] has the following powers and duties:
1. He may publish reports [relative] relating to petroleum products in such form and at such times as he [may deem] deems necessary.
2. He, or his appointees, shall inspect and check the accuracy of all petroleum products measuring devices maintained in this state, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Bureau of Standards.
3. He, or his appointees, or any member of the Nevada highway patrol, may take such [sample or] samples as he [may deem] deems necessary of any petroleum product when [the same] it is kept, transported or stored within the State of Nevada.
κ1981 Statutes of Nevada, Page 530 (CHAPTER 280, SB 153)κ
patrol, may take such [sample or] samples as he [may deem] deems necessary of any petroleum product when [the same] it is kept, transported or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, in the State of Nevada, to take such [sample or] samples, or to prevent or to attempt to prevent the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, from taking [the same.] them. If the person, or any officer, agent or employee thereof, from which [such] a sample is taken at the time of taking demands payment, then the person taking [such] the sample shall pay [therefor] the reasonable market price for the quantity [and commodity so] taken.
4. He, or his appointees, may close and seal the outlets of any unlabeled or mislabeled containers, pumps or storage tanks connected thereto or which contain any petroleum product which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where [such] those containers, pumps or storage tanks have been sealed, a notice stating that [such] the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.
5. He, or his appointees, shall, upon at least 24 hours notice to the owner, manager, operator or attendant of the premises where [such] a container, pump or storage tank has been sealed as herein provided, and at the time specified [by such] in the notice, break the seal for the purpose of permitting the removal of the contents of [such] the container, pump or storage tank. If the contents are not immediately and completely removed, the container, pump or storage tank [shall] must be again sealed as herein provided.
6. He shall adopt [, by rules and] regulations [, the] which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive, including standard procedures for testing petroleum products [as provided in NRS 590.010 to 590.150, inclusive, from such sources] which are based on sources such as those approved by the American Society for Testing Materials [.] , and may adopt specifications for any fuel for use in internal combustion engines which is sold or offered for sale and contains any alcohol or other combustible chemical that is not a petroleum product.
Sec. 5. NRS 590.170 is hereby amended to read as follows:
590.170 1. Except as otherwise provided in this section, a person shall not keep, maintain or display in this state any advertising medium which indicates or shows or advertises the price of gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale from the premises, unless the actual price per [gallon] unit of measure of gasoline or other motor vehicle fuel, including taxes, is also shown on the advertising medium, together with the word or words gasoline or motor fuel, and the trade name or brand. If gasoline or other motor fuel prices are advertised in units of measure other than the gallon, the actual price per unit of measure along with the equivalent price per gallon and the word designating the unit of measure must be displayed on the face of the pump.
κ1981 Statutes of Nevada, Page 531 (CHAPTER 280, SB 153)κ
fuel prices are advertised in units of measure other than the gallon, the actual price per unit of measure along with the equivalent price per gallon and the word designating the unit of measure must be displayed on the face of the pump.
2. The price of diesel motor fuel may be advertised excluding state tax, but only by a sign which clearly and conspicuously contains the wording With Permit, With State Permit, or words of similar meaning in letters of uniform size not less than 4 inches in height. Diesel motor fuel dispensers displaying unit price without state tax [shall] must be labeled in letters not less than 1 inch in height with the words Permit Price, With State Permit, or words of similar meaning.
3. Except as provided in subsection 2, retail devices displaying the unit price in order to compute or record deliveries [shall] must not be considered an advertising medium.
Sec. 6. NRS 590.180 is hereby amended to read as follows:
590.180 1. No person offering for sale or selling any gasoline or motor vehicle fuel in the State of Nevada [shall] may post or display a sign or statement or other advertising medium reading, in substance, save a designated amount, or a designated amount per [gallon,] unit of measure, such as save 5 cents or save 5 cents per gallon, or using the expression off a designated amount, such as 5 cents off or 5 cents less, or discount of a given amount, such as 5 cents discount, or otherwise using the words save, off, discount, wholesale, below, or any of them, or a word or words of similar meaning or other phraseology indicating a reduced price, unless there is posted and displayed in letters of equal size and as part of the same sign, statement or other advertising medium the total price, including all taxes, at which gasoline or motor vehicle fuel is being sold or offered for sale, designating the price for each brand or trade name of gasoline or motor vehicle fuel being sold or offered for sale.
2. The size of the letters, words, figures or numerals used [for the purpose of indicating or showing] to indicate the total price per [gallon,] unit of measure, including all taxes, [shall] must be of a size as provided under the provisions of NRS 590.200.
Sec. 7. NRS 590.200 is hereby amended to read as follows:
590.200 All letters, figures or numerals used in designating the brand name or words no brand in any advertising medium referred to in NRS 590.160 to 590.330, inclusive, [shall be of uniform size and at least 6 inches in height] must be of uniform size and must not be less than one-third the size of the numerals designating the price and the height [shall] must not be more than twice the dimension of the width of each [such] letter, or figure or numeral.
Sec. 8. NRS 590.220 is hereby amended to read as follows:
590.220 All letters, words, figures or numerals used on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, [for the purpose of indicating or showing] to indicate prices of gasoline or other motor vehicle fuel sold or advertised for sale [shall] must be uniform in size and [shall be not more than twice the size of the letters, figures or numerals used to designate the brand name, or the words no brand.]
κ1981 Statutes of Nevada, Page 532 (CHAPTER 280, SB 153)κ
brand.] must be at least six inches in height, and the height must not be more than twice the width. The advertising medium must indicate the price of the fuel per gallon.
________
Senate Bill No. 506Committee on Transportation
CHAPTER 281
AN ACT relating to zoning for airports; requiring owners who erect certain structures to pay for warning lights as a condition of receiving permits or variances; requiring owners of certain existing structures to maintain warning lights in conformance with federal standards; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 497.140 is hereby amended to read as follows:
497.140 1. In granting any permit or variance under NRS 497.120 and 497.130, the administrative agency or board of adjustment may, if it deems such an action advisable to [effectuate] carry out the purposes of this chapter and reasonable in the circumstances, so condition [such] the permit or variance as to require the owner of the structure or tree in question to permit the political subdivision [, at its own expense,] to install, operate and maintain thereon at the owners expense such markers and lights as may be necessary to indicate to [flyers] aviators the presence of [an airport] a hazard [.] to flight.
2. The political subdivision may, with the permission of the owner and at its own expense, install [,] and operate, [and maintain,] upon nonconforming structures existing at the time the particular zoning regulation is adopted or amended, such markers or lights as may be necessary. After initial installation, the political subdivision, upon written notice to the owner, may require him to maintain those markers or lights in conformance with the standards of the Federal Aviation Administration.
3. Any person who fails to install, operate or maintain a marker or light or pay the expenses required in this section is guilty of a misdemeanor.
________
κ1981 Statutes of Nevada, Page 533κ
Senate Bill No. 369Senator Jacobsen
CHAPTER 282
AN ACT relating to traffic laws; authorizing foresters and firewardens appointed by the state forester firewarden to halt motor vehicles; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.348 is hereby amended to read as follows:
484.348 1. Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable [police] vehicle of any police department or regulatory agency, [vehicle,] when given a visual or audible signal to bring [the] his vehicle to a stop is guilty of a misdemeanor.
2. The signal by the peace officer described in subsection 1 may be by flashing red lamp or siren.
3. As used in this section, regulatory agency means any [of the agencies] agency granted police or enforcement powers under [the provisions of] NRS 407.065, 472.040, 481.048, 481.049, 501.349, 565.155, 703.155 [and] or 706.8821.
________
Senate Bill No. 159Committee on Transportation
CHAPTER 283
AN ACT relating to drivers licenses; making a violation of a written promise to appear for a traffic citation an offense for which a drivers license may be suspended; providing for the use of a list of licensed drivers in selecting juries; changing certain other provisions relating to the suspension or revocation of drivers licenses; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The department shall provide a list of licensed drivers in any county upon the request of a district judge of the judicial district in which the county lies for use in selecting jurors.
2. The court which requests the list shall reimburse the department for the reasonable cost of the list.
Sec. 3. 1. If a driver who holds a Nevada drivers license violates a written promise to appear pursuant to a citation issued for a violation of a traffic law or ordinance occurring within this state other than one governing standing or parking, the clerk of the court shall immediately notify the department on a form approved by the department.
κ1981 Statutes of Nevada, Page 534 (CHAPTER 283, SB 159)κ
traffic law or ordinance occurring within this state other than one governing standing or parking, the clerk of the court shall immediately notify the department on a form approved by the department.
2. Upon receipt of notice from a court in this state of a failure to appear, the department shall notify the driver by mail that his privilege to drive is subject to suspension and allow him 30 days after the date of mailing the notice to:
(a) Appear in court or obtain a dismissal of the citation or complaint as provided by law; or
(b) Make a written request to the department for a hearing.
3. The department shall suspend the license of a driver 31 days after it mails him the notice provided for in subsection 2, unless within that time it has received a written request for a hearing from the driver or notice from the court on a form approved by the department that the driver has appeared or the citation or complaint has been dismissed. A license so suspended remains suspended until further notice is received from the court that the driver has appeared or that the case has been otherwise disposed of as provided by law.
Sec. 4. NRS 483.450 is hereby amended to read as follows:
483.450 1. Whenever any person is convicted of any offense for which NRS 483.010 to 483.630, inclusive, make mandatory the revocation of [the] his drivers license [of such person] by the department, the court in which [such] the conviction is had shall require the surrender to it of all [drivers] drivers licenses then held by the person so convicted, and the court shall thereupon, within 5 days, forward [the same,] these licenses, together with a record of [such] the conviction, to the department.
2. [Such] A record of conviction [shall] must be made upon a form furnished by the department and [shall] include the name and address of the person charged, the number of his drivers license, his social security number if he has one, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture, and a statement that the license was revoked or suspended as the case may be.
3. Every court, including a juvenile court, having jurisdiction over offenses committed under NRS 483.010 to 483.630, inclusive, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within 5 days, forward to the department:
(a) If the court is other than a juvenile court, a record of the conviction of any person in [such] that court for a violation of any such laws other than regulations governing standing or parking; or
(b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,
and may recommend the suspension of the drivers license of the person so convicted or child so found in violation of a traffic law or ordinance.
4. For the purposes of NRS 483.010 to 483.630, inclusive, the term conviction means a final conviction, and includes a finding by a juvenile court pursuant to NRS 62.083.
κ1981 Statutes of Nevada, Page 535 (CHAPTER 283, SB 159)κ
juvenile court pursuant to NRS 62.083. Also, for the purpose of NRS 483.010 to 483.630, inclusive, a forfeiture of bail or collateral deposited to secure a defendants appearance in court, [which] if the forfeiture has not been vacated, is equivalent to a conviction.
5. The necessary expenses of mailing licenses and records of conviction to the department as required by subsections 1 and 3 [of this section shall] must be paid by the court charged with the duty of forwarding [such] those licenses and records of conviction.
Sec. 5. NRS 483.460 is hereby amended to read as follows:
483.460 1. Unless otherwise provided by law, the department shall [forthwith] revoke, for [a period of] 1 year, the license of any driver upon receiving a record of [such drivers] his conviction of any of the following offenses, when [such] that conviction has become final:
(a) Manslaughter resulting from the driving of a motor vehicle.
(b) Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(c) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
(d) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(e) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(f) A second or subsequent conviction after 3 years but within 7 years of a prior conviction for driving under the influence of intoxicating liquor or any controlled substance.
2. The department shall revoke for 2 years the license of any driver convicted of a second or subsequent offense within 3 years of a prior conviction for driving under the influence of intoxicating liquor or any controlled substance.
Sec. 6. NRS 483.490 is hereby amended to read as follows:
483.490 1. Unless otherwise provided by law, the department may not suspend a license for a period of more than 1 year.
2. The department may, after the expiration of 1 year from the date of revocation of a license and when the period of revocation exceeds 1 year, issue a drivers license to an applicant permitting the applicant to drive a motor vehicle for purposes of his employment only, if the department is satisfied that a severe hardship exists.
3. The periods of suspensions and revocations under this chapter and under NRS 484.385 [shall] must run consecutively, except as provided in NRS 483.470 [,] and section 3 of this act, when the suspensions [shall] must run concurrently.
4. Whenever the department suspends or revokes a license, the period of suspension or revocation begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 7. NRS 483.560 is hereby amended to read as follows:
483.560 1. Except as provided in NRS 485.330, any person who drives a motor vehicle on a highway of this state at a time when his drivers license has been canceled, revoked or suspended [shall be] is guilty of a misdemeanor.
κ1981 Statutes of Nevada, Page 536 (CHAPTER 283, SB 159)κ
drivers license has been canceled, revoked or suspended [shall be] is guilty of a misdemeanor.
2. Any term of confinement imposed under the provisions of subsection 1 may be served intermittently at the discretion of the judge or justice of the peace. This discretion [shall] must be exercised after considering all the circumstances surrounding the offense, and the family and employment situation of the person convicted. However, the full term of confinement [shall] must be served within a 6-month period from the date conviction, and any segment of time the person is confined [shall] must not consist of less than a 24-hour period.
3. Jail sentences simultaneously imposed under this section and NRS 484.379 [shall] must run consecutively.
4. The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of [such] the person was suspended shall extend the period of [such] the suspension for an additional like period, [from and after the expiration date of the last suspension period;] and if the conviction was upon a charge of driving while a license was revoked the department shall extend the period of revocation for an additional [period of] 1 year. [from and after the date such person would otherwise have been entitled to apply for a new license.] Suspensions and revocations under this section [shall] must run consecutively.
Sec. 8. Section 3 of this act shall become effective on July 1, 1982 and shall apply to any citation for a violation of a traffic law or ordinance issued on or after that date.
________
Assembly Bill No. 346Assemblymen Jeffrey and Thompson
CHAPTER 284
AN ACT relating to government and public affairs; authorizing agencies of the state and political subdivisions to obtain information on the background of persons in matters other than criminal; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as section 2 of this act.
Sec. 2. Any agency of the state or any political subdivision may request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
1. Who has applied to it for a license which it has the power to grant or deny;
2. With whom it intends to enter into a relationship of employment or a contract for personal services; or
3. About whom it has a legitimate need to have accurate personal information for the protection of the agency or the people within its jurisdiction.
________
κ1981 Statutes of Nevada, Page 537κ
Senate Bill No. 160Senators Blakemore, Wagner, Raggio, Neal, McCorkle, Getto, Kosinski and Don Ashworth
CHAPTER 285
AN ACT relating to motor carriers; providing for the revocation of a certificate of public convenience and necessity for nonuse or failing to file an annual report; and providing other matters properly relating thereto.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission shall revoke pursuant to the provisions of this chapter the certificate of public convenience and necessity of a common motor carrier which has failed to:
1. File the annual report required by NRS 703.191 within 60 days after the report is due; or
2. Operate during the preceding year as a carrier of intrastate commerce in this state under the terms and conditions of its certificate, as evidenced by information contained in the annual report,
unless the carrier has obtained the prior permission of the commission to file an annual report late or to cease such operation during that period.
Sec. 2. This act shall become effective July 1, 1982.
________
Senate Bill No. 79Senators Wilson, Raggio, Kosinski, McCorkle and Wagner
CHAPTER 286
AN ACT to amend an act entitled An Act relating to the district courts; providing for the addition of judges to the second judicial district; and providing other matters properly relating thereto, approved May 27, 1979.
[Approved May 20, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 3, 4 and 5 of the above-entitled act, being chapter 556, Statutes of Nevada 1979, at pages 1104 and 1105, are hereby repealed.
Sec. 2. The above-entitled act, being chapter 556, Statutes of Nevada 1979, at page 1104, is hereby amended by adding thereto new sections to be designated respectively as sections 3 and 4, which shall immediately follow section 2 and shall read as follows:
Sec. 3. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
κ1981 Statutes of Nevada, Page 538 (CHAPTER 286, SB 79)κ
Sec. 4. This act shall become effective upon passage and approval.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 521Committee on Government Affairs
CHAPTER 287
AN ACT relating to the state personnel system; providing for regulations to govern the filing of grievances by employees; and providing other matters properly relating thereto.
[Approved May 19, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The chief shall propose, and the commission shall adopt, regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.376 or 284.390.
2. The regulation adopted pursuant to this section must include provisions for:
(a) Submitting each proposed resolution of a dispute to the budget division of the department of administration for a determination by that division whether the resolution is feasible on the basis of its fiscal effects; and
(b) Making the resolution binding only if the budget division finds that it is feasible.
________
Assembly Bill No. 435Committee on Ways and Means
CHAPTER 288
AN ACT relating to wildlife; repealing provisions relating to state pheasant stamps; making an appropriation; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.035 is hereby amended to read as follows:
502.035 Licenses, [state pheasant stamps,] state duck stamps and permits granting the privilege to hunt, fish or trap during the open season as provided in this Title [shall] must be issued by the department, upon payment of the fees required under this Title.
κ1981 Statutes of Nevada, Page 539 (CHAPTER 288, AB 435)κ
Sec. 2. NRS 502.300 is hereby amended to read as follows:
502.300 1. It is unlawful for any person, except a person under the age of 12 or a person 65 years of age or older, to hunt [:
(a) Any pheasant unless at the time he is hunting he carries on his person an unexpired state pheasant stamp validated by his signature in ink across the face of the stamp.
(b) Any] any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person an unexpired state duck stamp validated by his signature in ink across the face of the stamp.
2. State [pheasant stamps and state] duck stamps must be sold for a fee of $2 each by the department and by persons authorized by the department to sell hunting licenses. The department shall determine the form of stamps.
Sec. 3. NRS 502.310 is hereby amended to read as follows:
502.310 All money from the sale of state [pheasant stamps and state] duck stamps must be deposited in the wildlife account in the state general fund. The department shall maintain a state [pheasant stamp account and state] duck stamp account to permit separate accounting records for the receipt and expenditure of money from the sale of state [pheasant and] duck stamps. An amount not to exceed 10 percent of [such] that money may be used to reimburse the department for the cost of administering the state [pheasant stamp and state] duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.
Sec. 4. NRS 502.322 is hereby amended to read as follows:
502.322 1. Before the department may undertake any project using money from the state duck stamp [or pheasant stamp accounts,] account, it shall analyze the project and provide the commission with recommendations as to the need for the project and its feasibility.
2. Money deposited in the state duck stamp account must be used for projects approved by the commission for protection and propagation of migratory game birds, and for the development and preservation of wetlands in Nevada.
[3. Money deposited in the state pheasant stamp account must be used for projects approved by the commission for the preservation and propagation of pheasants, and for the development and preservation of pheasant habitats in Nevada.]
Sec. 5. NRS 502.320 is hereby repealed.
Sec. 6. 1. There is hereby appropriated from the state general fund to the department of wildlife the sum of $75,000 for water improvements for upland game birds.
2. Money appropriated pursuant to subsection 1 may be used only if money from federal or private sources is spent for the same purposes in a ratio of $3 for each dollar appropriated pursuant to subsection 1.
3. Any remaining balance of the appropriation made pursuant to subsection 1 must not be committed for expenditure after June 30, 1986, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1981 Statutes of Nevada, Page 540 (CHAPTER 288, AB 435)κ
Sec. 7. Money which remains in the state pheasant stamp account on the effective date of this act must be spent for water improvements for upland game birds.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 341Committee on Judiciary
CHAPTER 289
AN ACT relating to gaming; clarifying the limitation of the requirement to exclude or eject undesirable persons to establishments licensed for games other than slot machines only; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.151 is hereby amended to read as follows:
463.151 1. The legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments which conduct pari-mutuel wagering or operate any horse race book, sports pool or games, other than slot machines only, is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gaming.
2. The commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment which [is licensed to operate any gambling game or conduct pari-mutuel wagering. This list may include any person:
(a) Who is of notorious or unsavory reputation;
(b) Who has been convicted of a crime which is a felony in the State of Nevada or under the laws of the United States, a crime involving moral turpitude or a violation of a provision of this chapter; or
(c) Whose presence in a licensed gaming establishment would, in the opinion of the board and commission, be inimical to the interests of the State of Nevada, or of licensed gambling, or both.
2.] conducts pari-mutuel wagering or operates any horse race book, sports pool or games, other than slot machines only. The list may include any person whose presence in the establishment is determined by the board and the commission to pose a threat to the interests of this state or to licensed gaming, or both.
3. In making that determination, the board and the commission may consider any:
(a) Prior conviction of a crime which is a felony in this state or under the laws of the United States, a crime involving moral turpitude or a violation of the gaming laws of any state;
(b) Violation or conspiracy to violate the provisions of this chapter relating to:
(1) The failure to disclose an interest in a gaming establishment for which the person must obtain a license; or
(2) Willful evasion of fees or taxes;
κ1981 Statutes of Nevada, Page 541 (CHAPTER 289, AB 341)κ
(c) Notorious or unsavory reputation which would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive elements; or
(d) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted.
4. Race, color, creed, national origin or ancestry, or sex [shall] must not be grounds for placing the name of a person upon the list.
Sec. 2. NRS 463.154 is hereby amended to read as follows:
463.154 The commission may revoke, limit, condition, suspend or fine an individual licensee or [an establishment licensed to conduct any gambling game,] licensed gaming establishment which conducts pari-mutuel wagering or operates any horse race book, [pari-mutuel wagering or] sports pool [,] or games, other than slot machines only, in accordance with the laws of [the State of Nevada] this state and the regulations of the commission, if that establishment or any individual licensee affiliated therewith knowingly fails to exclude or eject from the premises of the licensed establishment any person placed on the list of persons to be excluded or ejected.
Sec. 3. NRS 463.155 is hereby amended to read as follows:
463.155 Any person who has been placed on the list of persons to be excluded or ejected from any licensed gaming establishment pursuant to NRS 463.151 is guilty of a gross misdemeanor if he thereafter enters the premises of [an establishment which is licensed to operate any gambling game or to conduct pari-mutuel wagering] a licensed gaming establishment which conducts pari-mutuel wagering or operates any horse race book, sports pool or games, other than slot machines only, without first having obtained a determination by the commission that he should not have been placed on the list of persons to be excluded or ejected.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 222Committee on Economic Development and Natural Resources
CHAPTER 290
AN ACT relating to wildlife; making various changes in the law regulating the administration and management of wildlife; providing a penalty; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In addition to the penalties provided for the violation of any of the provisions of this Title, every person who unlawfully kills or possesses the following wildlife is liable for a civil penalty in the amount stated:
κ1981 Statutes of Nevada, Page 542 (CHAPTER 290, AB 222)κ
or possesses the following wildlife is liable for a civil penalty in the amount stated:
(a) Bighorn sheep and mountain goat, $1,000.
(b) Elk and mountain lion, $500.
(c) Deer, pronghorn antelope, bobcat, swan and eagle, $200.
2. Every court, before whom a defendant is convicted of unlawfully killing or possessing any of the wildlife listed in subsection 1, shall order the defendant to pay the civil penalty in the amount stated in subsection 1 for each animal or bird unlawfully killed or possessed. The court shall fix the manner and time of payment.
3. The department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.
4. Each court that receives money under the provisions of this section shall forthwith remit the money to the department which shall deposit the money with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 3. 1. The commission may offer a reward for one or more classes of wildlife, not to exceed $500, for information leading to the arrest and conviction of any person who unlawfully kills or possesses wildlife of the class specified. The reward must be paid for each person so arrested and convicted upon his conviction. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.
2. The commission may adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 4. NRS 501.387 is hereby amended to read as follows:
501.387 1. Except as provided in NRS 501.388, upon a conviction of a violation of any provision of this Title in addition to the penalty provided for such violation, the court may require the surrender of all licenses issued under the provisions of this Title and held by the convicted person.
2. Upon the second such conviction within 5 years, the court:
(a) Shall require the surrender of all such licenses so held; and
(b) May recommend to the commission that no license be issued to [such] the person for any period not to exceed 2 years [from] after the date of [such] the conviction. Upon receipt of any recommendation from the court as provided in paragraph (b), the commission may refuse to issue any license to the convicted person during the period recommended by the court.
3. The commission, on its own initiative, may refuse to issue any license to a person, twice convicted within 5 years, for any period not to exceed 2 years after the date of the conviction.
4. In addition to the penalty provided for the violation of any of the provisions of this Title, the court may cause to be confiscated all wildlife taken or possessed by the violator. All confiscated wildlife [shall] must be disposed of as directed by the court.
Sec. 5. NRS 501.388 is hereby amended to read as follows:
501.388 1. The commission [shall] may revoke [all licenses] any license of any person who is convicted of a violation of [subsection 1 of NRS 503.050 with respect to the waste of any wild turkey, or of a violation of subsection 2 of NRS 503.050 with respect to any antelope, bear, deer, goat, moose, peccary, sheep or wapiti, ] NRS 503.050, in addition to the penalty imposed, and [shall] may refuse to issue any new license to the convicted person for [a period of] any period not to exceed 5 years [following such] after the date of the conviction.
κ1981 Statutes of Nevada, Page 543 (CHAPTER 290, AB 222)κ
NRS 503.050 with respect to the waste of any wild turkey, or of a violation of subsection 2 of NRS 503.050 with respect to any antelope, bear, deer, goat, moose, peccary, sheep or wapiti, ] NRS 503.050, in addition to the penalty imposed, and [shall] may refuse to issue any new license to the convicted person for [a period of] any period not to exceed 5 years [following such] after the date of the conviction.
2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the commission.
Sec. 6. NRS 502.120 is hereby amended to read as follows:
502.120 1. Every person required to have a license as provided in this chapter who, while hunting, trapping or fishing, refuses to exhibit [such] the license or any wildlife which he may have in his possession, upon the demand of any officer authorized to enforce the fish and game laws of this state, is guilty of a misdemeanor.
2. Every person required to have a license as provided in this chapter who, while hunting, trapping or fishing, fails to have [such] the license in his possession is guilty of a misdemeanor. No person charged with violating this subsection may be convicted if he produces in court [or the office of the arresting officer] a license [theretofore] previously issued to him and valid at the time of this arrest.
Sec. 7. NRS 502.130 is hereby amended to read as follows:
502.130 1. In addition to the regular hunting licenses and trapping licenses provided for in this chapter, additional licenses, to be known as tags, [shall be] are required to hunt any deer, elk, antelope, mountain sheep or bear.
2. Whenever it is determined by the commission that it is necessary for correct management [, tags] :
(a) Tags also may be required to hunt, trap or fish for any other species of wildlife. The tags may be used in any area in the state during the regular season and may not be limited in number or to any area, unless a special season has been designated in a management area, in which case the commission may limit the number of tags to be used in that management area.
(b) Permits and seals may be required to hunt, trap, fish or to possess any species of wildlife.
3. The commission shall set the fee for all permits and seals issued pursuant to paragraph (b) of subsection 2.
Sec. 8. NRS 503.360 is hereby amended to read as follows:
503.360 1. It is unlawful for any person at any time to [take, catch or carry away] fish from any state hatchery, or from any waters set aside or used for the purpose of rearing or growing fish for transplanting by the state. [any such fish so being reared or grown.]
2. Nothing in this section [shall be so construed as to prohibit] prohibits employees of the department from handling, at any time, all such fish, as may be required in the propagation, care and distribution of [such] the fish.
Sec. 9. NRS 505.010 is hereby amended to read as follows:
505.010 1. [Any person or persons, firm, company or corporation engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading or dealing, within the State of Nevada, in the skins or pelts of any wild animal shall be deemed a fur dealer within the meaning of this chapter.]
κ1981 Statutes of Nevada, Page 544 (CHAPTER 290, AB 222)κ
buying or selling, trading or dealing, within the State of Nevada, in the skins or pelts of any wild animal shall be deemed a fur dealer within the meaning of this chapter.] It is unlawful for any person to engage in, carry on or conduct wholly or in part the business of buying, selling, trading or dealing, within this state, in the skins or pelts of any wild animal without first obtaining a fur dealers license pursuant to NRS 502.240.
2. If [such] the dealer resides in, or if his [or its] principal place of business is within [, the State of Nevada, he or it shall be deemed] this state, he is a resident fur dealer.
3. All other fur dealers [shall be deemed] are nonresident fur dealers.
4. The department may require any person to submit such records and reports as are reasonably necessary to carry out the provisions of this section.
Sec. 10. NRS 502.180, 503.600 and 505.030 are hereby repealed.
________
Assembly Bill No. 50Assemblymen Coulter and Chaney
CHAPTER 291
AN ACT relating to child abuse and neglect; creating the position of specialist for child abuse and neglect in the department of human resources; prescribing his powers and duties; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby created in the department of human resources the position of specialist for child abuse and neglect.
2. The specialist for child abuse and neglect is under the direct supervision of the director of the department.
3. The specialist for child abuse and neglect is in the unclassified service of the state. He must have a background of working with cases which involve abuse or neglect of children.
Sec. 2. The specialist for child abuse and neglect shall:
1. Review substantiated cases of child abuse and neglect to determine whether the cases have been properly carried through, and prepare a statement on the appropriateness or inappropriateness of the procedures and treatment in each case evaluated.
2. Develop a comprehensive statewide plan for the organization, financing and coordination of services in the area of child abuse and neglect, including:
(a) A description of existing primary, secondary and tertiary programs for prevention and treatment of child abuse and neglect throughout the state and the sources of financing for those programs;
(b) An evaluation of the long-term effectiveness of various treatment programs to aid in determining which categories of treatment deserve the greatest emphasis;
κ1981 Statutes of Nevada, Page 545 (CHAPTER 291, AB 50)κ
programs to aid in determining which categories of treatment deserve the greatest emphasis;
(c) A definition of the appropriate roles of, and relationships among, the different agencies involved in the prevention and treatment of child abuse and neglect;
(d) Recommendations for changes in or additions to existing programs and services in the area of child abuse and neglect, and recommendations relating to the financing of programs and services; and
(e) Proposals for changes in legislative and executive policy which are necessary to carry out the plan.
If the specialist submits a plan which would result in placing responsibility for cases of neglect and abuse of children in a single agency or department in the state, the recommendation must be accompanied by other proposals and estimates of the cost and effectiveness of each alternative. Any plan submitted must include information relative to increasing the participation of private persons and organizations in cases of abuse and neglect and alternate placement of victims outside institutions.
3. Request advice from private providers of services in developing the comprehensive statewide plan.
4. Advise the state planning coordinator, or other state clearinghouse for grant applications, concerning applications for grants of money related to child abuse and neglect.
5. Report at least once in each quarter to the interim finance committee of the legislature, setting forth in detail:
(a) Problems encountered;
(b) Recommendations made to the director of the department of human resources and measures taken by the department to put them into effect;
(c) Developments in the field of abuse and neglect of children; and
(d) Proposals for legislation which are being prepared for presentation to the 62nd regular session of the legislature.
Sec. 3. 1. This act shall become effective upon passage and approval.
2. This act expires by limitation on June 30, 1983.
________
Senate Bill No. 33Committee on Judiciary
CHAPTER 292
AN ACT relating to gaming; empowering the attorney general to prosecute violations of the gaming statutes if the appropriate district attorney fails to do so; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1981 Statutes of Nevada, Page 546 (CHAPTER 292, SB 33)κ
1. If a district attorney in whose county a violation of this chapter or of chapter 463B, 464 or 465 of NRS occurs fails to file a complaint or information for that offense or present it to a grand jury, within 15 days after the commission or board so requests in writing, the commission or board may recommend to the attorney general that he file a complaint or information or present the matter to a grand jury, as the facts may warrant, and thereafter proceed as appropriate to complete the prosecution. Upon a written recommendation to prosecute from the commission or board, the attorney general may so file the matter without leave of court and has exclusive charge of the prosecution.
2. If a district attorney declines to prosecute a gaming offense after receiving a written request to do so from the commission or board, he may respond in writing to the commission or board within the 15-day period specified in subsection 1 and state the reasons why he declines.
Sec. 2. NRS 463.141 is hereby amended to read as follows:
463.141 [1.] The commission or board shall initiate [and direct the] proceedings [,] or actions [or prosecutions instituted] appropriate to enforce the provisions of this chapter [.
2. The commission may call upon the district attorney of any county, or, if a district attorney refuses to take appropriate action, upon the attorney general, to institute and conduct such criminal proceedings as are requested by the commission.] , and may request that a district attorney or recommend that the attorney general prosecute any public offense committed in violation of any provision of this chapter or of chapter 463B or 464 of NRS. If the board initiates any action or proceeding or requests the prosecution of any offense, it shall immediately notify the commission.
Sec. 3. NRS 228.120 is hereby amended to read as follows:
228.120 The attorney general may:
1. Appear before any grand jury, when in his opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this state; examine witnesses before the grand jury, and draw indictments or presentments for the grand jury, and thereafter conduct the proceedings.
2. Exercise supervisory powers over all district attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.
3. Appear in, take exclusive charge of and conduct any prosecution in any court of this state for a violation of any law of this state, when in his opinion it is necessary, or when requested to do so by the governor.
4. In any proceeding conducted by a grand jury or in any criminal prosecution in any court, issue subpenas for witnesses together with any books, memoranda, papers and other documents.
5. When acting pursuant to any provision of law allowing or requiring him to act in a criminal matter, after first obtaining leave of the court which has jurisdiction to try the matter [,] unless otherwise provided by specific statute, institute criminal proceedings:
(a) By filing a complaint in a justices or municipal court, where a misdemeanor is charged; or
(b) By filing a complaint and commencing a preliminary examination where a gross misdemeanor or felony is charged and thereafter filing an information in the district court,
κ1981 Statutes of Nevada, Page 547 (CHAPTER 292, SB 33)κ
where a gross misdemeanor or felony is charged and thereafter filing an information in the district court,
and may conduct those proceedings.
Sec. 4. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Assembly Bill No. 482Committee on Judiciary
CHAPTER 293
AN ACT relating to juvenile correctional institutions; allowing the superintendent to transfer the amount of uncashed checks of former inmates after 1 year; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 210.160 is hereby amended to read as follows:
210.160 1. The superintendent may accept money and other valuables of inmates for safekeeping pending their discharges, and shall deposit any such money in insured banks or in insured savings and loan associations. He shall keep, or cause to be kept, a fair and full account of any such money and valuables, and shall submit reports to the administrator relative to them as may be required from time to time.
2. The superintendent may transfer the amount of any uncashed check issued by the school to an inmate to the gift fund after 1 year from the date the check was issued. Each check so issued must be stamped void after 1 year from date of issue.
Sec. 2. NRS 210.560 is hereby amended to read as follows:
210.560 1. The superintendent may accept money and other valuables of inmates for safekeeping pending their discharges, and shall deposit any such money in a bank or in an insured savings and loan association qualified to receive deposits of public money, [under the provisions of chapter 356 of NRS,] and the deposits must be secured by depository bond satisfactory to the state board of examiners. The superintendent shall keep, or cause to be kept, a fair and full account of any such money and valuables, and shall submit reports to the administrator relative to them as may be required from time to time,.
2. The superintendent may transfer the amount of any uncashed check issued by the school to an inmate to the gift fund after 1 year from the date the check was issued. Each check so issued must be stamped void after 1 year from date of issue.
________
κ1981 Statutes of Nevada, Page 548κ
Senate Bill No. 385Committee on Judiciary
CHAPTER 294
AN ACT relating to gaming licensing and control; requiring the state gaming control board to provide underlying facts when it denies or objects to the issuance of work permits; revising procedures on effectiveness of work permits when holders change employment; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.335 is hereby amended to read as follows:
463.335 1. As used in this section:
(a) Gaming employee means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a horse race book, sports pool or pari-mutuel wagering, including:
(1) Boxmen;
(2) Cashiers;
(3) Change personnel;
(4) Counting room personnel;
(5) Dealers;
(6) Floormen;
(7) Hosts or other persons empowered to extend credit or complimentary services;
(8) Keno runners;
(9) Keno writers;
(10) Machine mechanics;
(11) Odds makers and line setters;
(12) Security personnel;
(13) Shift or pit bosses;
(14) Shills;
(15) Supervisor or managers; and
(16) Ticket writers.
Gaming employee does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.
(b) Temporary work permit means a work permit which is valid only for a period not to exceed 90 days from its date of issue and is not renewable.
(c) Work permit means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.
2. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.130, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
κ1981 Statutes of Nevada, Page 549 (CHAPTER 294, SB 385)κ
(b) Maintain confidential records of such information.
3. No person may be employed as a gaming employee unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city.
A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.
5. If the board, within the 90-day period, [notifies the] notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure to apply for a hearing within the 60-day period shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 30 days [from] after the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. The board may object to issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
(a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
κ1981 Statutes of Nevada, Page 550 (CHAPTER 294, SB 385)κ
the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of chapters 463, 464 or 465 of NRS or the regulations of the Nevada gaming commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny against his employer or any gaming licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;
(d) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(e) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(f) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
8. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315.
9. All records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
10. A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for a period of more than 90 days.
________
κ1981 Statutes of Nevada, Page 551κ
Assembly Bill No. 250Assemblymen Ham, Stewart, Beyer, Malone and Cafferata
CHAPTER 295
AN ACT relating to crimes against property; forbidding probation or suspension of sentence for a person convicted of burglary; and providing other matters properly relating thereto.
[Approved May 21, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.060 is hereby amended to read as follows:
205.060 1. Every person who, either by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.
2. Any person convicted of burglary shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000. No person who is convicted of burglary and who has previously been convicted of burglary may be released on probation or granted a suspension of his sentence.
3. Whenever a burglary is committed upon a railroad train, vehicle, vehicle trailer, semitrailer or housetrailer, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the railroad train, vehicle, vehicle trailer, semitrailer or housetrailer may have run on the trip during which [such] the burglary is committed.
________
Senate Bill No. 568Committee on Government Affairs
CHAPTER 296
AN ACT relating to public works projects; providing for the payment to certain contractors of interest earned by a public body on money withheld from progress payments; requiring those contractors to pass on the interest earned proportionately to their subcontractors; and providing other matters properly relating thereto.
[Approved May 22, 1981]
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 the total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to [the] :
κ1981 Statutes of Nevada, Page 552 (CHAPTER 296, SB 568)κ
state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to [the] :
(1) 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; and
(2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;
(b) Apply the [proportion] proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately 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) [.] , applying the proportion obtained in subparagraph (1) of paragraph (a); and
(d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).
3. The proportionate shares of the interest earned and received by:
(a) The dairy commission fund;
(b) The legislators retirement fund;
(c) The public employees retirement fund;
(d) The state permanent school fund;
(e) The silicosis and disabled pension fund;
(f) The wildlife account;
(g) The trust fund for the care of sites for the disposal of radioactive waste;
(h) 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;
(i) The business enterprise contingent fund for the blind;
(j) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee; and
(k) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979,
must be accounted for as separate income and assets of those respective funds and the appropriate account.
Sec. 2. NRS 338.160 is hereby amended to read as follows:
338.160 1. Except as provided in subsection [4,] 5, a public body and its officers or agents awarding a contract for the construction, alteration or repair of public works shall authorize partial payments of the amount due under the contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract. Not more than 90 percent of the calculated value of any work shall be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining installments without retaining additional funds if, in the opinion of the public body, satisfactory progress is being made in the work.
κ1981 Statutes of Nevada, Page 553 (CHAPTER 296, SB 568)κ
may pay any of the remaining installments without retaining additional funds if, in the opinion of the public body, satisfactory progress is being made in the work.
2. Except as provided in this section, the public body shall retain the amount withheld under any such contract until the contract is satisfactorily completed and finally accepted. When a project is sufficiently completed to be placed into service, the public body shall reduce the retained percentage and retain only such sum as it may determine to be sufficient to complete the contract.
3. The public body shall pay to the contractor at the end of each quarter the interest earned on the amount withheld under the contract during the quarter. The rate of the interest to be paid must be the same as that earned during the quarter from the investment of money in the general fund of the public body.
4. Except as provided in subsection [4,] 5, the amount withheld under any such contract is due and payable within a reasonable time following the filing of a notice of completion as provided in NRS 108.228 or upon other proper evidence of satisfactory completion of the contract.
[4.] 5. If the labor commissioner has reason to believe that an employee has a valid and enforceable claim for wages against a contractor, he may require the public body to withhold from any payment due the contractor under this section and pay the labor commissioner instead, an amount equal to the amount claimed by the employee. This amount [shall] must be paid to the employee if the claim is resolved in his favor, otherwise it [shall] must be returned to the public body for payment to the contractor.
Sec. 3. NRS 338.170 is hereby amended to read as follows:
338.170 1. When a public body and a contractor enter into a contract for the construction, alteration or repair of public works, the contractor may withhold 10 percent from the amount of any partial payment under a subcontract which is made before 50 percent of the work has been completed under the subcontract. Thereafter the contractor shall pay any additional installments due under the subcontract without retaining any additional funds if, in the opinion of the contractor, satisfactory progress is being made in the work under the subcontract, and [such payment shall] the payment must be equal to that paid by the public body to the contractor for the work performed by the subcontractor.
2. The contractor may retain the amount withheld under [any such] the subcontract until the subcontract is satisfactorily completed.
3. The amount withheld under [any such] the subcontract is due and payable within a reasonable time following the acceptance of the subcontract work by the contractor.
4. Whenever the contractor receives a payment of interest earned on the amount withheld from the contract, he shall within a reasonable time pay to each subcontractor that portion of the interest received from the state which is attributable to the amount of money withheld from the subcontractor.
Sec. 4. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 554κ
Senate Bill No. 448Committee on Judiciary
CHAPTER 297
AN ACT relating to sales of real property from estates of decedents; reducing the margin necessary for court to consider new sale; providing for partial release of property sold upon credit; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 148.270 is hereby amended to read as follows:
148.270 1. Upon the hearing the court must examine into the necessity for the sale, or the advantage, benefit and interest of the estate in having the sale made, and must examine the return and witnesses in relation to the sale.
2. If it appears to the court that good reason existed for the sale, that the sale was legally made and fairly conducted, and complied with the requirements of NRS 148.260, that the sum bid is not disproportionate to the value, and it does not appear that a sum exceeding [such bid] the bid by at least [10] 5 percent if the bid is not more than $100,000, or by at least $5,000 if the bid is $100,000 or more, may be obtained, the court shall make an order confirming the sale and directing conveyances to be executed; otherwise it shall vacate the sale and direct another to be had, of which notice must be given and the sale in all respects conducted as if no previous sale had taken place.
3. But if a written offer of [10] 5 percent or $5,000 more in amount than that named in the return is made to the court by a responsible person, as provided in subsection 2, and the bid complies with all provisions of the law, [it is in the discretion of] the court [to accept such] may accept the offer and confirm the sale to [such] that person, [or to] order a new sale [, or to] or conduct a public auction in open court.
Sec. 2. NRS 148.290 is hereby amended to read as follows:
148.290 1. If a sale is made upon a credit, the executor or administrator must take the note or notes of the purchaser for the unpaid portion of the purchase money, with a mortgage or deed of trust on the property to secure their payment.
2. The mortgage or deed of trust may contain a provision for release of parts of the property if the court approves the provision.
________
κ1981 Statutes of Nevada, Page 555κ
Senate Bill No. 529Committee on Judiciary
CHAPTER 298
AN ACT relating to juries; providing for random selection of jurors by computer; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 6.045 is hereby amended to read as follows:
6.045 1. The district court in and for any county with a population of 100,000 or more, may by rule of court designate the clerk of the court [or] , one of his deputies or another person as a jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
2. If a jury commissioner is so selected, he shall from time to time estimate the number of trial jurors which will be required for attendance on the district court and shall select that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the jury commissioner. He shall keep a record of the name, occupation and address of each person [so] selected.
Sec. 2. NRS 6.090 is hereby amended to read as follows:
6.090 1. To constitute a regular panel of trial jurors for the district court in a county in which the board of county commissioners selects jurors on an annual basis, such number of names as the district judge may direct must be drawn from the jury box. The district judge shall make and file with the county clerk an order that a regular panel of trial jurors be drawn, and the number of jurors to be drawn must be named in the order. The drawing must take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. The panel must be drawn by the district judge and clerk, or, if the district judge so directs, by any one of the county commissioners of the county and the clerk. If the district judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the district judge shall make and file with the clerk an order designating the name of the county commissioner and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn are required to attend in court.
2. The drawing, for jurors drawn pursuant to subsection 1, must be conducted as follows:
(a) The number to be drawn having been previously determined by the district judge, the box containing the names of the jurors must first be thoroughly shaken. It must then be opened and the district judge and clerk, or one of the county commissioners of the county and the clerk, if the district judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained.
κ1981 Statutes of Nevada, Page 556 (CHAPTER 298, SB 529)κ
(b) If the officers drawing the jury deem that the attendance of any juror whose name is [so] drawn cannot be obtained conveniently and inexpensively to the county, by reason of the distance of his residence from the court or other cause, his name may be returned to the box and in its place the name of another juror drawn whose attendance the officers may deem can be obtained conveniently and inexpensively to the county.
(c) A list of the names [so] obtained must be made out and certified by the officers drawing the jury. The list must remain in the clerks office subject to inspection by any officer or attorney of the court, and the clerk shall immediately issue a venire.
3. Whenever trial jurors are selected by a jury commissioner, the district judge may direct him to summon and assign to that court the number of qualified jurors he determines to be necessary for the formation of the petit jury. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists have been established by the jury commissioner.
4. Every person named in the venire must be served by the sheriff [either] personally or by the sheriff or the jury commissioner by mailing a summons to the person, commanding him to attend as a juror at a time and place designated therein. [If the summons is mailed, it must have the postage fully prepaid and be deposited in the post office, addressed to the person at his usual post office address.] Mileage is allowed only for personal service. The postage must be paid by the sheriff or the jury commissioner, as the case may be, and allowed him as other claims against the county. The sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire is subject to inspection by any officer or attorney of the court.
Sec. 3. NRS 16.030 is hereby amended to read as follows:
16.030 1. [In] Except when the jurors are drawn by a jury commissioner, in preparing for the selection of the jury, the clerk, under the direction of the judge, shall place in a box ballots containing the names of the persons summoned who have appeared and have not been excused. The clerk shall mix the ballots and draw from the box the number of names needed to complete the jury in accordance with the procedure provided either in subsection [2] 3 or subsection [3,] 4, as the judge directs.
2. Whenever the jurors are drawn by the jury commissioner, the judge may also direct him to draw, in advance, the names of additional jurors in the order they would be used to replace discharged or excused jurors pursuant to subsections 3 and 4.
3. The judge may require that eight names be drawn, and the persons whose names are called [shall] must be examined as to their qualifications to serve as jurors. If any persons are excused or discharged, or if the ballots are exhausted before the jury is selected, additional names shall be drawn from the jury box and those persons summoned and examined as provided by law until the jury is selected.
[3.] 4. The judge may require that the clerk draw a number of names to form a panel of prospective jurors equal to the sum of the number of regular jurors and alternate jurors to be selected and the number of peremptory challenges to be exercised.
κ1981 Statutes of Nevada, Page 557 (CHAPTER 298, SB 529)κ
number of peremptory challenges to be exercised. The persons whose names are called [shall] must be examined as to their qualifications to serve as jurors. If any persons on the panel are excused for cause, they must be replaced by additional persons who must also be examined as to their qualifications. The jury must consist of eight persons, unless the parties consent to a lesser number. The parties may consent to any number not less than four. This consent must be entered by the clerk in the minutes of the trial. When a sufficient number of prospective jurors has been qualified to complete the panel, each side shall exercise its peremptory challenges out of the hearing of the panel by alternately striking names from the list of persons on the panel. After the peremptory challenges have been exercised the persons remaining on the panel who are needed to complete the jury shall, in the order in which their names were drawn, be regular jurors or alternate jurors.
[4.] 5. Before persons whose names have been drawn are examined as to their qualifications to serve as jurors, the judge or his clerk shall administer an oath or affirmation to them in substantially the following form:
Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly answer all questions put to you touching upon your qualifications to serve as jurors in the case now pending before this court (so help you God)?
[5.] 6. The judge shall conduct the initial examination of prospective jurors and the parties or their attorneys are entitled to conduct supplemental examinations which must not be unreasonably restricted.
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Senate Bill No. 446Committee on Judiciary
CHAPTER 299
AN ACT relating to trusts; authorizing regulated trustees to sell certain securities in one trust to another trust; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 163.060 is hereby amended to read as follows:
163.060 [No] 1. Except as provided in subsection 2, a trustee shall not as trustee of one trust sell property to itself as trustee of another trust except with the approval of the district court having jurisdiction of the trust estate and of the accounting thereof.
2. A bank or other corporate trustee which is subject to regulation by state or federal authorities may sell a security which is listed on a regulated stock exchange or sold over the counter by the National Association of Securities Dealers and is held by it as fiduciary in one account to itself as fiduciary in another account if the transaction is fair to the beneficiaries of both accounts and is not otherwise expressly prohibited by a particular statute.
κ1981 Statutes of Nevada, Page 558 (CHAPTER 299, SB 446)κ
to itself as fiduciary in another account if the transaction is fair to the beneficiaries of both accounts and is not otherwise expressly prohibited by a particular statute.
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Senate Bill No. 299Committee on Legislative Affairs
CHAPTER 300
AN ACT relating to the legislative counsel bureau; providing for the chief of the administrative division to be ex officio legislative fiscal officer; transferring the accounting function from the audit division to the service division and redesignating that division as the administrative division; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The chief of the administrative division is ex officio legislative fiscal officer. As such officer, he shall keep a complete, accurate and adequate set of accounting records and reports for all legislative operations, including any records and reports required by the Federal Government for the administration of federal revenue and income tax laws.
2. The chief shall withhold from the pay of each legislator, employee of the legislature and employee of the legislative counsel bureau the amount of tax specified by the Federal Government and shall transmit the amount deducted to the Internal Revenue Service of the United States Department of the Treasury.
3. The chief may provide for the purchase of United States savings bonds or similar United States obligations by salary deduction for any legislator, legislative employee or employee of the legislative counsel bureau who submits a written request for these deductions and purchases. The chief shall provide forms authorizing deductions for and purchase of these United States obligations.
4. The chief may withhold from the pay of a legislator, employee of the legislature or employee of the legislative counsel bureau such amount as the claimant specifies in writing for payment to his credit union. Any money which is withheld must be transmitted by the chief in accordance with the claimants written instructions. The chief may adopt regulations necessary to carry out the provisions of this subsection.
Sec. 2. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a special revenue fund for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund must be provided by legislative appropriation from the state general fund.
3. Expenditures from the legislative fund may be made for:
(a) The payment of necessary operating expenses of the senate;
(b) The payment of necessary operating expenses of the assembly;
κ1981 Statutes of Nevada, Page 559 (CHAPTER 300, SB 299)κ
(c) The payment of the necessary improvements to the legislative building and its grounds;
(d) The payment of necessary operating expenses of but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The audit division;
(5) The fiscal analysis division; and
(6) The [service] administrative division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All money in the legislative fund must be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
Sec. 3. NRS 218.248 is hereby amended to read as follows:
218.248 1. The legislative counsel shall keep a record of the hours expended by personnel of the legal division of the legislative counsel bureau to prepare legislative measures requested by any state agency, officer of the executive branch of state government or any justice of the supreme court or judge of a district court.
2. The record of total hours [shall] must be furnished to the [legislative auditor] chief of the administrative division who shall send to each such requesting agency, officer, justice or judge a claim stating the amount of charges for such preparation. The claim [shall] must be paid to the legislative counsel bureau as other claims against the state are paid.
3. The rates to be charged for the services of the legal division of the legislative counsel bureau [shall] must be determined by the legislative commission.
4. All [moneys] money received by the legislative counsel bureau pursuant to this section [shall] must be deposited in the legislative fund.
Sec. 4. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the legislative counsel bureau, which consists of a legislative commission, an interim finance committee, a director, an audit division, a fiscal analysis division, a legal division, a research division, and [a service] an administrative division.
2. The legislative auditor is chief of the audit division. The legislative counsel is chief of the legal division. The research director is chief of the research division. [The director is chief of the service division.] The director shall designate from time to time one of the fiscal analysts to be responsible for the administration of the fiscal analysis division.
3. The legislative commission shall:
(a) Appoint the director.
(b) Fix the compensation of the director, each of the other division chiefs, and each fiscal analyst.
4. The director shall appoint the [other division chiefs and the] fiscal analysts and the chiefs of the other divisions with the approval of the legislative commission [.] , and may serve as the chief of any division.
κ1981 Statutes of Nevada, Page 560 (CHAPTER 300, SB 299)κ
5. The director may, with the consent of the legislative commission, designate one of the other division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.
6. The director, officers and employees of the legislative counsel bureau are entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.
Sec. 5. NRS 218.6851 is hereby amended to read as follows:
218.6851 1. The [service] administrative division consists of the chief of the division and such staff as he may require.
2. The [service] administrative division is responsible for:
(a) Accounting;
(b) Communication equipment;
[(b)] (c) Control of inventory;
[(c)] (d) Janitorial services;
[(d)] (e) Maintenance of buildings, grounds and vehicles;
[(e)] (f) Purchasing;
[(f)] (g) Security;
[(g)] (h) Shipping and receiving;
[(h)] (i) Utilities; and
[(i)] (j) Warehousing operations.
3. The legislative commission may assign any other appropriate function to the administrative division.
Sec. 6. Section 1 of Assembly Bill No. 84 of the 61st session of the legislature is hereby amended to read as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. During a regular session of the legislature, any legislator may apply for advance money for travel expenses, not to exceed in the aggregate the total amount of travel expenses to which he is entitled under NRS 218.220 for a regular session, by filing a request with the majority leader of the senate if a senator, or the speaker of the assembly if an assemblyman.
2. If the majority leader or the speaker approves the request, he shall forward a copy of the request and approval to the [legislative auditor.] chief of the administrative division of the legislative counsel bureau.
3. Upon receiving a copy of the request and approval from the majority leader or the speaker, the [legislative auditor] chief of the administrative division shall issue a check drawn upon the checking account of the legislative counsel bureau for the amount of the advance requested.
4. When approved by the majority leader or the speaker, a request for advance money constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator in an amount equal to the sum advanced.
5. The legislator is entitled to receive upon a claim made pursuant to NRS 218.220 any authorized travel expenses in excess of the amount advanced.
Sec. 7. NRS 218.755 is hereby repealed.
________
κ1981 Statutes of Nevada, Page 561κ
Senate Bill No. 97Committee on Government Affairs
CHAPTER 301
AN ACT relating to the state militia; broadening the circumstances under which the Nevada National Guard may be ordered into active service; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.122 is hereby amended to read as follows:
412.122 1. The governor may in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or other substantial threat to life or property, order into active service of the state for such period, to such extent and in such manner as he [may deem] deems necessary all or any part of the Nevada National Guard. Such power includes the power to order the Nevada National Guard or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.
2. In case of the absence of the governor from the state, or if it is impossible to communicate immediately with him, the civil official making a requisition for troops may, if he deems the necessity imminent and not admitting of delay, serve a copy of the requisition, together with a statement of the governors absence or the impossibility of immediately communicating with him, upon the following officials or officers in this order:
(a) Lieutenant governor;
(b) Adjutant general; and
(c) Other officers designated in a chain of command prescribed by department regulations.
But if the call is afterward disapproved by the governor, the troops called into service [shall] must be disbanded immediately.
3. The governor may order into active service of the state for such period, to such extent and in such manner as he [may deem] deems necessary units or [individuals] individual members of the Nevada National Guard when in his judgment the services of such units or [individuals] members are required for the furtherance of the organization, maintenance, discipline or training of the Nevada National Guard or for ceremonial functions of the state government.
4. Whenever any portion of the Nevada National Guard is employed pursuant to subsection 1, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law.
________
κ1981 Statutes of Nevada, Page 562κ
Senate Bill No. 286Senator Hernstadt
CHAPTER 302
AN ACT relating to controlled substances; limiting their prescription by certain practitioners of the healing arts; limiting the filling of prescriptions; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 453.381 is hereby amended to read as follows:
453.381 1. [Except in cases of emergency, a physician, dentist or podiatrist] A physician, dentist or podiatrist may prescribe, administer or dispense controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he is prohibited from prescribing, administering or dispensing controlled substances listed in schedule II for himself, his spouse or children [.] except in cases of emergency.
2. Each prescription for a controlled substance listed in schedule II [shall] must be written on a separate prescription blank.
3. A veterinarian, [in good faith and] in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense controlled substances, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the course of the professional practice of a physician, dentist, podiatrist or veterinarian.
5. Any person who has obtained from a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of [such] the physician, dentist, podiatrist or veterinarian shall return to [such] the physician, dentist, podiatrist or veterinarian any unused portion of [such] the substance when it is no longer required by the patient.
________
Assembly Bill No. 539Committee on Government Affairs
CHAPTER 303
AN ACT relating to public employees; extending to state employees a provision for the salary of a deceased employee to be released to a designated beneficiary; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.155 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 563 (CHAPTER 303, AB 539)κ
281.155 1. If the employee has filed a written designation of beneficiary, the final payment of compensation due a deceased employee of the state, or of any county, city, town, township, district or any other political subdivision of the [State of Nevada,] state, is not his property or that of his estate but [shall] must be released to the designated beneficiary upon the written request of [such] the beneficiary.
2. If the deceased employee has not filed such a designation with his employing public entity, the final payment is a part of the employees personal estate.
3. As used in this section, final payment means the net amount due the employee after the deduction of all lawfully withheld sums from the employees gross compensation.
Sec. 2. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as provided in subsection 2, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay of:
(a) If he commenced his first service with the state before July 1, 1979, and his service has been continuous, or if he has completed 3 years of service, 1 1/4 working days for each month of service; or
(b) If he commenced his first service with the state on or after July 1, 1979, and he has not completed 3 years of service, 1 working day for each month of service,
which may be cumulative from year to year not to exceed 30 working days. Any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date. The personnel division may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System are entitled to annual leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. If an employee dies [and] who was entitled to accumulated annual leave under the provisions of this chapter [, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the chief of their entitlement, are entitled to be paid an amount of money] and filed a written designation of beneficiary, the final payment for accumulated annual leave which is due the deceased employee is not his property or that of his estate but must be released to the designated beneficiary upon the written request of the beneficiary. If the deceased employee did not file a designation of beneficiary, such final payment is a part of his personal estate. The amount of the final payment must be equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of the deceased employee.
4. No elected state officer may be paid for accumulated annual leave upon termination of his service.
5. During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
κ1981 Statutes of Nevada, Page 564 (CHAPTER 303, AB 539)κ
public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
6. No employee in the public service may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
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Assembly Bill No. 566Committee on Government Affairs
CHAPTER 304
AN ACT relating to criminal procedure; authorizing the designation of fire chiefs to issue certain misdemeanor citations; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.17751 is hereby amended to read as follows:
171.17751 Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him and certain of its building, housing and licensing inspectors, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance. A designated employee:
1. May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
2. May prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
3. Shall comply with the provisions of NRS 171.1773.
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Assembly Bill No. 488Assemblymen Jeffrey, Foley, Prengaman, Hayes, Stewart and Sader
CHAPTER 305
AN ACT relating to crimes and punishment; increasing the penalty for abduction of a child by a person having limited custody or a parent having no custody of the child; prohibiting interference with rights of visitation; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.359 is hereby amended to read as follows:
200.359 [Every] 1. Except as provided in subsection 3, every person having a limited right of custody to a child pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who in violation of an order, judgment or decree of any court willfully detains, conceals or removes [such] the child from a parent, guardian or other person having lawful custody [is guilty of a misdemeanor.]
κ1981 Statutes of Nevada, Page 565 (CHAPTER 305, AB 488)κ
judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who in violation of an order, judgment or decree of any court willfully detains, conceals or removes [such] the child from a parent, guardian or other person having lawful custody [is guilty of a misdemeanor.] or a right of visitation of the child shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.
2. Upon conviction, the court shall order the defendant to provide restitution for any expenses incurred by the parent, guardian or other person in locating or recovering the child.
3. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:
(a) The defendant has no prior conviction for this offense.
(b) The interests of justice require that the defendant be punished as for a misdemeanor.
________
Assembly Bill No. 384Committee on Government Affairs
CHAPTER 306
AN ACT relating to property taxes; exempting an easement for public utility purposes from extinguishment when the property is sold for delinquent taxes; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.590 is hereby amended to read as follows:
361.590 1. If the property is not redeemed within the time allowed by law for its redemption, the tax receiver or his successor in office must make to the county treasurer as trustee for the state and county a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale or, in the case of a conveyance under NRS 361.604, the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.
2. The deed must be recorded in the office of the county recorder within 30 days from the date of expiration of the period of redemption.
3. All such deeds are primary evidence that:
(a) The property was assessed as required by law.
(b) The property was equalized as required by law.
(c) The taxes were levied in accordance with law.
(d) The taxes were not paid.
(e) At a proper time and place the property was sold or otherwise disposed of as prescribed by law, and by the proper officer.
(f) The property was not redeemed.
(g) The person who executed the deed was the proper officer.
κ1981 Statutes of Nevada, Page 566 (CHAPTER 306, AB 384)κ
(h) Where the real estate was sold to pay taxes on personal property, the real estate belonged to the person liable to pay the tax.
4. Such deeds are (except as against actual fraud) conclusive evidence of the regularity of all other proceedings, from the assessment by the county assessor up to the execution of the deed.
5. [Such] The deed conveys to the county treasurer as trustee for the state and county the property described therein, free of all encumbrances, except any easements of record for public utility purposes, any lien for any taxes or assessments by any irrigation or other district for irrigation or other district purposes, and [except] any interest and penalties on the [same,] property, except when the land is owned by the United States or this state, in which case it is prima facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for [such] other taxes or assessments or the claim of any such district for [such] interest or penalties.
6. No tax assessed upon any property, or sale therefor, may be held invalid by any court of this state on account of:
(a) Any irregularity in any assessment; or
(b) Any assessment or tax roll not having been made or proceeding had within the time required by law; or
(c) Any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed.
All such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, [shall] must be presumed by all the courts of this state to be legal until the contrary is shown affirmatively.
________
Assembly Bill No. 356Committee on Ways and Means
CHAPTER 307
AN ACT directing the state land registrar in administering, and exchanging or selling, certain real property belonging to the state and situated in Washoe County, Nevada.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state land registrar shall administer and sell or exchange, in the manner prescribed in this act, the following real property belonging to the State of Nevada and situated in Washoe County, Nevada:
Commencing at the west 1/4 corner of section 7, T. 19 N., R. 20 E., M.D.B. & M.; and proceeding thence N. 89Ί35′05″ E., 2,395.07 feet; thence N. 0Ί01′47″ E., 50.79 feet to the true point of beginning, said point being on the northerly line of East Second Street; thence N.
κ1981 Statutes of Nevada, Page 567 (CHAPTER 307, AB 356)κ
0Ί01′47″ E., 630 feet to the meander line of the Truckee River; thence along the meander line of the Truckee River S. 45Ί30′00″ E., 460.05 feet; thence along the meander line S. 27Ί37′00″ E., 338.28 feet to a point on the northerly line of East Second Street; thence along the northerly line of East Second Street S. 89Ί06′54″ W., 484.72 feet to the true point of beginning. Containing an area of 4.057 acres of land, more or less, and being contained entirely within Lot 10, section 7, T. 19 N., R. 20 E., M.D.B. & M.
Sec. 2. 1. The state land registrar shall not renew the existing lease of the described property to Washoe County, or give his approval to any assignment of the lease or to any sublease of the property.
2. The state land registrar shall attempt to negotiate an exchange of the desired property for any other land of equal value which it is in the interest of the State of Nevada to acquire. If no such exchange is negotiated on or before March 31, 1983, the state land registrar shall offer the land for sale in the manner prescribed by NRS 321.335 but subject to the further requirements of this act.
3. The state land registrar shall report on his efforts to the interim finance committee before February 1, 1984, unless an exchange or sale has previously been approved.
Sec. 3. Any proposed exchange or proposed agreement for sale must, before it becomes effective, be approved by:
1. The legislature, if it is in regular session, by concurrent resolution;
2. The interim finance committee, if the legislature is not in regular session.
Sec. 4. If the property is sold, all proceeds must be placed in a special account in the state general fund, and may be used only for the purchase of recreational lands for the department of wildlife or the division of state parks of the state department of conservation and natural resources. Any such purchase must be approved in advance by the legislature or, if the legislature is not in regular session, by the interim finance committee.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 353Committee on Ways and Means
CHAPTER 308
AN ACT making an appropriation to the buildings and grounds division of the department of general services for the repair of the roofs of various state buildings; and providing other matters properly relating thereto.
[Approved May 22, 1981]
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 buildings and grounds division of the department of general services the sum of $443,850 for the repair of the roofs of various state buildings.
κ1981 Statutes of Nevada, Page 568 (CHAPTER 308, AB 353)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 335Committee on Ways and Means
CHAPTER 309
AN ACT making an appropriation to the division of forestry of the state department of conservation and natural resources for special equipment; and providing other matters properly relating thereto.
[Approved May 22, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $50,000 for the purpose of replacing the engines and installing an auto-pilot on existing aircraft.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 134Committee on Taxation
CHAPTER 310
AN ACT relating to gaming; increasing the state license fee on the gross revenue of gaming and on slot machines; prohibiting local increases of those fees; and providing other matters properly relating thereto.
[Approved May 23, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The license fee or tax imposed by a local government for conducting, carrying on or operating any gambling game, slot machine or other game of chance must not exceed:
1. The amount, if charged per person, establishment, game or machine; or
κ1981 Statutes of Nevada, Page 569 (CHAPTER 310, AB 134)κ
2. The rate, if charged according to revenue,
which was in effect for that purpose on April 27, 1981. If on that date the local government was collecting a fee or tax which is afterward held to be invalid, the local government may impose a new fee or tax no greater in amount of estimated revenue to be derived than the fee or tax held invalid.
Sec. 2. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, before issuing a state gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of [such] the applicant as follows:
Three percent of all the gross revenue of [such] an applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of [each] an applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five and [one-half] three-fourths percent of all the gross revenue of [such] an applicant which exceeds $400,000 per quarter year.
2. Unless the licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar quarter, on or before the last day of the first month of the calendar quarter for which the license is issued.
3. When a licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that quarter, on or before the last day of the first month of the following calendar quarter of operation. The payment of the fee due for the first calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section [shall] must be accompanied by the payment of a fee in like amount for the next full calendar quarter. Thereafter, each quarterly license fee [shall] must be paid in advance based on the gross revenue of the preceding quarter. Any deposit held by the commission on July 1, 1969, [shall] must be treated as [such] an advance payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, [shall] must be attributed to [such] the owner for the purposes of this section and [shall] be counted as part of the gross revenue of the owner. The lessee [shall be] is liable to the owner for his proportionate share of such license fees.
5. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest [shall] must be computed to the rate of 7 percent per annum from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
κ1981 Statutes of Nevada, Page 570 (CHAPTER 310, AB 134)κ
from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
Sec. 3. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, before issuing a state gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of the applicant as follows:
Three percent of all the gross revenue of an applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of an applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
[Five and three-fourths] Five and one-half percent of all the gross revenue of an applicant which exceeds $400,000 per quarter year.
2. Unless the licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar quarter, on or before the last day of the first month of the calendar quarter for which the license is issued.
3. When a licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that quarter, on or before the last day of the first month of the following calendar quarter of operation. The payment of the fee due for the first full calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee in like amount for the next full calendar quarter. Thereafter, each quarterly license fee must be paid in advance based on the gross revenue of the preceding quarter. Any deposit held by the commission on July 1, 1969, must be treated as an advance payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of such license fees.
5. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest must be computed at the rate of 7 percent per annum from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
Sec. 4. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for the operation of not more than 15 slot machines and no other game or gaming device, the commission shall charge and collect from such applicant a license fee of [$25] $35 for each slot machine for each quarter year.
κ1981 Statutes of Nevada, Page 571 (CHAPTER 310, AB 134)κ
the operation of not more than 15 slot machines and no other game or gaming device, the commission shall charge and collect from such applicant a license fee of [$25] $35 for each slot machine for each quarter year.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
Sec. 5. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for the operation of not more than 15 slot machines and no other game or gaming device, the commission shall charge and collect from such applicant a license fee of [$35] $25 for each slot machine for each quarter year.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
Sec. 6. NRS 463.375 is hereby amended to read as follows:
463.375 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for the operation of 16 or more slot machines or for the operation of any number of slot machines together with any other game or gaming device, the commission shall charge and collect from such applicant a license fee of [$40] $80 for each slot machine for each calendar year.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of [$10] $20 for each slot machine for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
κ1981 Statutes of Nevada, Page 572 (CHAPTER 310, AB 134)κ
3. Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
Sec. 7. NRS 463.375 is hereby amended to read as follows:
463.375 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for the operation of 16 or more slot machines or for the operation of any number of slot machines together with any other game or gaming device, the commission shall charge and collect from such applicant a license fee of [$80] $40 for each slot machine for each calendar year.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of [$20] $10 for each slot machine for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
Sec. 8. 1. Section 1 of this act shall become effective upon passage and approval.
2. Sections 3, 5 and 7 of this act shall become effective on July 1, 1983.
________
Assembly Bill No. 700Committee on Taxation
CHAPTER 311
AN ACT relating to gaming; clarifying the dates of payments of certain increases in fees imposed by Assembly Bill No. 134; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 4 and 6 of Assembly Bill No. 134 of this session shall become effective on June 1, 1981, for the purpose of reporting and paying the fees imposed by those sections for the calendar quarter beginning on July 1, 1981.
Sec. 2. A licensee whose first full calendar quarter of operation is the quarter beginning on April 1, 1981, shall pay the license fee prescribed in NRS 463.370 on that part of his gross revenue which exceeds $400,000:
κ1981 Statutes of Nevada, Page 573 (CHAPTER 311, AB 700)κ
in NRS 463.370 on that part of his gross revenue which exceeds $400,000:
1. At the rate of 5 1/2 percent for the quarter beginning on April 1, 1981; and
2. At the rate of 5 3/4 percent for the quarter beginning on July 1, 1981.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 544Committee on Government Affairs
CHAPTER 312
AN ACT relating to the fish hatchery at Verdi; authorizing the department of wildlife to sell or lease all or part of the hatchery; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The department of wildlife may sell or lease the fish hatchery at Verdi, or any part of it, including the 145.2 acres of land, more or less, on which it is located, water rights, easements, piplines and other appurtenances, if it receives approval from the legislature while in session, or from the interim finance committee while the legislature is not in session, to construct a new fish hatchery on the Mason Valley Wildlife Management Area in Lyon County.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 141Committee on Human Resources and Facilities
CHAPTER 313
AN ACT relating to the practice of medicine; providing that an osteopathic physician may supervise a physicians assistant; providing that a physician may supervise an osteopathic physicians assistant; clarifying terms; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A physicians assistant may, under his certificate, be supervised by an osteopathic physician licensed in this state in place of his supervising physician if:
κ1981 Statutes of Nevada, Page 574 (CHAPTER 313, SB 141)κ
(a) The physicians assistant works in a geographical area where he can be conveniently supervised only by an osteopathic physician;
(b) The physicians assistant remains in the employ of his supervising physician;
(c) The supervising physician and the osteopathic physician agree to the arrangement; and
(d) The board of medical examiners and the board of osteopathic medicine approve it.
2. For the purposes of chapter 633 of NRS, a physicians assistant so supervised is not an osteopathic physicians assistant and is not practicing osteopathic medicine solely because of that supervision.
3. The board shall adopt jointly with the board of osteopathic medicine regulations necessary to administer the provisions of this section.
Sec. 2. Chapter 633 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An osteopathic physicians assistant may, under his certificate, be supervised by a physician licensed to practice medicine in this state in place of his employing osteopathic physician if:
(a) The osteopathic physicians assistant works in a geographical area where he can be conveniently supervised only by a physician;
(b) The osteopathic physicians assistant remains in the employ of his employing osteopathic physician;
(c) The employing osteopathic physician and the physician agree to the arrangement; and
(d) The board of osteopathic medicine and the board of medical examiners approve it.
2. For the purposes of chapter 630 of NRS, an osteopathic physicians assistant so supervised is not a physicians assistant solely because of that supervision and continues to practice osteopathic medicine.
3. The board shall adopt jointly with the board of medical examiners regulations necessary to administer the provisions of this section.
Sec. 3. NRS 639.1373 is hereby amended to read as follows:
639.1373 1. A physicians assistant may, if authorized by the board, possess, administer or dispense controlled substances, poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the physicians assistants certificate as issued by the board.
2. Each physicians assistant who is authorized by his physicians assistants certificate issued by the state board of medical examiners or the state board of osteopathic medicine to possess, or administer or dispense controlled substances, or poisons, or dangerous drugs or devices must apply for and obtain a registration certificate from the board and pay a fee to be set by regulations adopted by the board before he can possess, administer or dispense controlled substances, poisons, dangerous drugs or devices.
3. The board shall consider each application separately and may, even though the physicians assistants certificate issued by the state board of medical examiners or the state board of osteopathic medicine authorizes the physicians assistant to possess, administer or dispense controlled substances, poisons, dangerous drugs and devices:
κ1981 Statutes of Nevada, Page 575 (CHAPTER 313, SB 141)κ
(a) Refuse to issue a registration certificate;
(b) Issue a registration certificate limiting the physicians assistants authority to possess, administer or dispense controlled substances, poisons, dangerous drugs or devices, the area in which the physicians assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or
(c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.
4. If the registration of the physicians assistant is suspended or revoked, the physicians controlled substance registration may also be suspended or revoked.
5. The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances, poisons, dangerous drugs and devices by physicians assistants. In the adoption of such regulations, the board shall consider, but is not limited to, the following:
(a) The area in which the physicians assistant is to operate;
(b) The population of that area;
(c) The experience and training of the physicians assistant;
(d) The distance to the nearest hospital and physician; and
(e) The effect on the health, safety and welfare of the public.
6. For the purposes of this section, the term physicians assistant includes an osteopathic physicians assistant and the terms supervising physician includes an employing osteopathic physician as defined in chapter 633 of NRS.
________
Assembly Bill No. 347Assemblymen Jeffrey and Thompson
CHAPTER 314
AN ACT relating to health insurance requiring group policies and coverage provided by certain types of insurers to cover the services of a psychologist; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:
If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatment by a psychologist who is certified pursuant to chapter 641 of NRS.
Sec. 2. Chapter 695A of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1981 Statutes of Nevada, Page 576 (CHAPTER 314, AB 347)κ
If any certificate of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is certified pursuant to chapter 641 of NRS.
Sec. 3. Chapter 695B of NRS is hereby amended by adding thereto a new section which shall read as follows:
If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is certified pursuant to chapter 641 of NRS.
Sec. 4. Chapter 695C of NRS is hereby amended by adding thereto a new section which shall read as follows:
If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is certified pursuant to chapter 641 of NRS.
________
Assembly Bill No. 154Committee on Ways and Means
CHAPTER 315
AN ACT relating to public employees retirement; making permanent the increase provided for benefits begun before January 1, 1977; providing a cost-of-living increase for 2 years; increasing benefits to certain surviving spouses; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to the other post-retirement allowances and increases provided by law, the system shall provide a monthly post-retirement increase to each person who began receiving benefits before January 1, 1977, or to his designated beneficiary upon his death in these amounts:
Monthly
Base Benefit Increase
$0 — $100.................................................................................................. $20
101 — 200.................................................................................................. 15
201 — 300.................................................................................................. 10
301 — 500.................................................................................................. 5
501 and above........................................................................................... 3
2. A single post-retirement increase pursuant to this section must be prorated among two or more recipients of benefits for survivors on behalf of one deceased member.
κ1981 Statutes of Nevada, Page 577 (CHAPTER 315, AB 154)κ
Sec. 2. 1. On July 1, 1981, and July 1, 1982, the system shall provide a cost-of-living increase to each retired employee or beneficiary. The increase must be based on the number of years the person has been drawing benefits plus the portion of the year, in full calendar months, in which he began drawing benefits, in the amounts:
Number of years and full calendar Percentage
months during which benefits have of
been received Increase
1 year.................................................................................................................... 3
1 year and 1 month through 2 years................................................................ 3.5
2 years and 1 month through 3 years.............................................................. 4
3 years and 1 month through 4 years.............................................................. 4.5
4 years and 1 month through 5 years.............................................................. 5
5 years and 1 month through 6 years.............................................................. 5.5
6 years and 1 month through 7 years.............................................................. 6
7 years and 1 month through 8 years.............................................................. 6.5
8 years and 1 month through 9 years.............................................................. 7
9 years and 1 month through 10 years............................................................ 7.5
10 years and 1 month through 11 years............................................................. 8
11 years and 1 month through 12 years............................................................. 8.5
12 years and 1 month through 13 years............................................................. 9
13 years and 1 month through 14 years............................................................. 9.5
14 years and 1 month through 15 years............................................................. 10
2. The increase for a retired employee or beneficiary who has been receiving benefits for less than 12 full calendar months on July 1 is 3% prorated for the number of full calendar months in which he has received benefits.
3. In addition to the other post-retirement allowances and increases provided by law, the system shall provide a monthly post-retirement increase of $100 per month, beginning on July 1, 1981, to surviving spouses who receive benefits pursuant to subsection 2 of NRS 286.674.
4. The increases provided in this section are payable only if and to the extent that they respectively do not exceed the increase in the Consumer Price Index (All Items) for the calendar year preceding their payment.
5. The benefits provided by this section expire by limitation on June 30, 1983, unless this section is amended or replaced before that date.
________
κ1981 Statutes of Nevada, Page 578κ
Senate Bill No. 595Committee on Taxation
CHAPTER 316
AN ACT relating to personal property taxes; authorizing counties to designate the county treasurer as collector of those taxes; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of county commissioners of any county may by ordinance designate the county treasurer to collect taxes on personal property in the county otherwise collectible by the county assessor, and the county treasurer by virtue of that ordinance has the same rights, powers, duties and liabilities as a county assessor under this chapter for the collection of those taxes on personal property.
________
Senate Bill No. 590Committee on Finance
CHAPTER 317
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $810,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 491Assemblymen Bennett and Chaney
CHAPTER 318
AN ACT relating to barbers; allowing the state barbers health and sanitation board to require barbers to maintain a barbershop licensed by the board as a primary base of operation; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 643 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1981 Statutes of Nevada, Page 579 (CHAPTER 318, AB 491)κ
1. The board may by regulation require a barber to maintain a barbershop licensed by the board as his primary base of operation for the performance of barbering services.
2. Nothing in this section prevents a barber who complies with regulations adopted pursuant to subsection 1 from providing barbering services to customers away from his shop as a matter of convenience to those customers.
________
Assembly Bill No. 380Assemblymen Hayes, Horn, Westall, Vergiels and Hickey
CHAPTER 319
AN ACT directing Clark County to make an appropriation to the Rape Crisis Center in Las Vegas, Nevada; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The legislature finds that:
1. In Clark County there is effectively functioning a Rape Crisis Center whose funding from other sources is very likely to be withdrawn, and which contributes significantly to the relief of victims of domestic violence in that county; and
2. This combination of presently effective function with jeopardy of funding is the only such situation in relieving victims of domestic violence now brought to its attention in the state.
The legislature therefore declares that this is a special case to which a general law cannot be made applicable.
Sec. 2. The board of county commissioners of Clark County shall from its fund for assistance to victims of domestic violence appropriate the sum of $42,000 for each of the fiscal years beginning respectively on July 1, 1981, and July 1, 1982.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 555Committee on Commerce and Labor
CHAPTER 320
AN ACT relating to life and health insurance; raising the ceiling for administrative fees assessed upon insurers by the Nevada Life and Health Insurance Guaranty Association; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 686C.240 is hereby amended to read as follows:
686C.240 1. Class A assessments against member insurers must be:
κ1981 Statutes of Nevada, Page 580 (CHAPTER 320, SB 555)κ
(a) Determined each year by the board;
(b) Not more than [$25] $50 per year for each member insurer; and
(c) Uniform among member insurers.
2. The amount of any Class B or C assessment must be divided among the accounts in the proportion that the premiums received by the impaired insurer on the policies covered by each account bears to the premiums received by [such] the insurer on all covered policies.
3. Class B assessments for each account must be made separately for each state in which the impaired domestic insurer was authorized to transact insurance at any time, in the proportion that the premiums received on business in that state by the impaired insurer on policies covered by the account bears to the premiums received in all those states by the impaired insurer. The assessments against member insurers must be in the proportion that the premiums received on business in each state by each assessed member insurer on policies covered by each account bears to the premiums received on business in each state by all assessed member insurers.
4. Class C assessments against member insurers for each account must be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account bears to premiums received on business in this state by all assessed member insurers.
5. Assessments for money to meet the requirements of the association with respect to an impaired insurer must not be made until necessary to carry out the purposes of this chapter. Classification of assessments under subsection 2 of NRS 686C.230 and computation of assessments under this section must be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.
________
Senate Bill No. 560Committee on Government Affairs
CHAPTER 321
AN ACT relating to planning and zoning; requiring that reconveyance of a vacated street be made without charge if the property is reconveyed to the person who dedicated it; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.480 is hereby amended to read as follows:
278.480 1. Any abutting owner or local government desiring the vacation or abandonment of any street or easement or portion thereof shall file a petition in writing with the governing body having jurisdiction.
2. If there is a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.
κ1981 Statutes of Nevada, Page 581 (CHAPTER 321, SB 560)κ
3. Whenever any street or easement is proposed to be vacated, the governing body shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which date may be not less than 10 days and not more than 40 days subsequent to the date the notice is first published.
4. Except as provided in subsection 5, if upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body may make the order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.
5. If a utility has an easement over the property, the governing body shall provide in its order for the continuation of that easement.
6. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts [upon the payment required in subsection 7,] to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body so sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
7. [The abutting property owners shall pay for title to the] If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.
8. Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.
9. In any vacation or abandonment of any street or portion of it, the governing body may reserve and except therefrom any easements, rights or interest therein which the governing body may deem desirable for the use of the city or of any public utility.
________
κ1981 Statutes of Nevada, Page 582κ
Senate Bill No. 14Senator Getto
CHAPTER 322
AN ACT relating to irrigation districts; revising certain provisions; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 539.080 is hereby amended to read as follows:
539.080 1. [The members] A member of the board of directors [shall each] is entitled to receive not more than [$35] $50 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.
2. The board shall fix the compensation to be paid to the other officers named in this chapter; but the board shall, upon the petition of a majority of the electors within the district, submit to the electors at any general election of the district a schedule of salaries and fees to be paid the directors and officers thereof. [Such petition shall] The petition must be presented to the board 20 days [prior to such] before the general election. [and a] The schedule of salaries and fees [submitted upon a two-thirds vote therefor shall] must be put into effect upon the first of the month [next ensuing.] after the election if it was approved by a two-thirds vote.
Sec. 2. NRS 539.125 is hereby amended to read as follows:
539.125 [Not less than 15 days nor more than 20 days before any election under this chapter subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors.] The secretary shall publish a notice specifying the time and place of an election. The notice must be published in a newspaper published in the county or one of the counties in which the district is located not less than 15 days nor more than 22 days before the election. If no newspaper is published in such a county, the notice must be published in a newspaper which has a general circulation in the county or counties.
Sec. 3. NRS 539.145 is hereby amended to read as follows:
539.145 1. [Prior to the time for posting the notice designated in] Before publishing a notice pursuant to NRS 539.125, the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct, and shall also appoint two clerks of election for each precinct.
2. If the board of directors fails to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof.
3. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election [shall] will be held.
Sec. 4. NRS 539.480 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 583 (CHAPTER 322, SB 14)κ
539.480 1. For the purpose of organization, or for any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of [$50,000,] $180,000, nor in any event exceeding [$1] $2 per acre, and may cause warrants of the district to issue therefor, bearing interest [at] not to exceed [9] 12 percent per annum. The directors may levy an assessment of not to exceed [$1] $2 per acre on all lands in the district for the payment of such expenses.
2. Thereafter the directors may levy an annual assessment, [annually,] in the absence of assessments therefor under any of the other provisions of this chapter, of not to exceed $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. [Such assessments] The assessment must be collected as provided in this chapter for the collection of other assessments.
Sec. 5. NRS 539.515 is hereby amended to read as follows:
539.515 1. Subject to the limitations contained in subsection 2, the board of directors [is empowered to expend moneys] may expend money from the general fund and the operation and maintenance fund for the development, operation and maintenance of recreational grounds.
2. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of:
(a) Less than 250,000 acre-feet, the expenditures authorized by subsection 1 [shall] may not exceed the sum of $1,000 in any 1 year.
(b) 250,000 acre-feet or more, the expenditures authorized by subsection 1 [shall] may not exceed the sum of [$5,000] $25,000 in any 1 year.
________
Assembly Bill No. 632Committee on Agriculture
CHAPTER 323
AN ACT relating to agricultural districts; making Eureka County a separate district; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 547.010 is hereby amended to read as follows:
547.010 The state is divided into [14] 15 agricultural districts as follows:
1. Agricultural district No. 1. Carson City and the counties of Douglas and Storey [shall] constitute agricultural district No. 1.
2. Agricultural district No. 2. The county of Esmeralda [shall constitute] constitutes agricultural district No. 2.
3. Agricultural district No. 3. The county of Humboldt [shall constitute] constitutes agricultural district No. 3.
κ1981 Statutes of Nevada, Page 584 (CHAPTER 323, AB 632)κ
4. Agricultural district No. 4. The county of Elko [shall constitute] constitutes agricultural district No. 4.
5. Agricultural district No. 5. The county of Mineral [shall constitute] constitutes agricultural district No. 5.
6. Agricultural district No. 6. The [counties of Eureka and Nye shall constitute] county of Nye constitutes agricultural district No. 6.
7. Agricultural district No. 7. The county of Churchill [shall constitute] constitutes agricultural district No. 7.
8. Agricultural district No. 8. The county of Clark [shall constitute] constitutes agricultural district No. 8.
9. Agricultural district No. 9. The county of Lyon [shall constitute] constitutes agricultural district No. 9.
10. Agricultural district No. 10. The county of Washoe [shall constitute] constitutes agricultural district No. 10.
11. Agricultural district No. 11. The county of Pershing [shall constitute] constitutes agricultural district No. 11.
12. Agricultural district No. 12. The county of Lincoln [shall constitute] constitutes agricultural district No. 12.
13. Agricultural district No. 13. The county of White Pine [shall constitute] constitutes agricultural district No. 13.
14. Agricultural district No. 14. The county of Lander [shall constitute] constitutes agricultural district No. 14.
15. Agricultural district No. 15. The county of Eureka constitutes agricultural district No. 15.
________
Senate Bill No. 7Senator Jacobsen
CHAPTER 324
AN ACT relating to taxation; delaying the date on which chapter 122, Statutes of Nevada 1981, becomes effective.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 122, Statutes of Nevada 1981, is hereby amended by adding thereto a new section designated section 6, following section 5, to read as follows:
Sec. 6. 1. Sections 1, 2, 4 and 5 of this act shall become effective on January 1, 1982.
2. Section 3 of this act and this section shall become effective on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 585κ
Assembly Bill No. 547Committee on Judiciary
CHAPTER 325
AN ACT relating to motor vehicles; increasing the penalty for driving without a license; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.550 is hereby amended to read as follows:
483.550 1. It is unlawful for any person to drive a motor vehicle upon a public street or highway in this state without being the holder of a valid drivers license.
2. [Any person convicted of violating the provisions of this section shall be punished by a fine of not more than $250.] The court shall require [the] any person convicted of violating this section to obtain a valid drivers license or produce a notice of disqualification from the department.
________
Assembly Bill No. 409Committee on Labor and Management
CHAPTER 326
AN ACT relating to occupational safety and health; making administrative changes; removing procedure for temporary variances from standards; permitting the occupational safety and health review board to engage legal counsel; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 618.315 is hereby amended to read as follows:
618.315 1. The department has authority over working conditions in all places of employment except as limited by subsection 2.
2. The authority of the department does not extend to working conditions which:
(a) Exist in household domestic service;
(b) Exist in motor vehicles operating on public highways of this state;
(c) Are regulated by the inspector of mines under the provisions of chapter 512 of NRS; or
(d) Are regulated pursuant to the Federal [Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.), the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.),] Safety and Health Act of 1977 (30 U.S.C. §§ 801 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.).
3. The department may:
(a) Declare and prescribe [what] which safety devices, safeguards or other means [or methods] of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the department.
κ1981 Statutes of Nevada, Page 586 (CHAPTER 326, AB 409)κ
other means [or methods] of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the department.
(b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which [shall] must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.
(c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render [such] those places safe and healthful.
(d) Require the performance of any other act which the protection of the lives, safety and health in places of employment [may reasonably demand.] reasonably demands.
(e) Provide the method and frequency of making investigations, examinations and inspections.
(f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for [such] those publications.
(g) Furnish blank forms upon request.
(h) Provide for adequate notice to each employer or employee of his right to administrative review of any department action or decision as set forth in NRS 618.475 and 618.605 and to judicial review.
(i) Consult with the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.
(j) Appoint and fix the compensation of advisers [and fix their compensation,] who shall assist the department in establishing standards of safety and health. [, and the] The department may adopt and incorporate in its general orders such safety and health recommendations as it may receive from [such] advisers.
Sec. 2. NRS 618.367 is hereby amended to read as follows:
681.367 Each employer is entitled to access to any records in the possession of the department which concern [such] that employer. If any such records contain the names of employees who have [:
1. Submitted] submitted complaint notices or have made other statements to the department concerning [such] that employer, [; and
2. Requested that their names remain confidential,] the department shall protect the identity of [such] those employees.
Sec. 3. NRS 618.415 is hereby amended to read as follows:
618.415 [1.] Any affected employer may apply to the director for a rule or order for a permanent variance from a standard adopted under this chapter. Affected employees [shall] must be given notice of each [such] application and an opportunity to participate in a hearing. The director shall issue [such] the rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the permanent variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard.
κ1981 Statutes of Nevada, Page 587 (CHAPTER 326, AB 409)κ
employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order [so issued shall] must prescribe the conditions the employer must maintain, the practices, means, methods, operations or processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees or by the director on his own motion, in the manner prescribed for its issuance under this subsection at any time after 6 months [from] after its issuance.
[2. Any affected employer may apply to the director for an order granting a temporary variance from a standard adopted under this chapter. The director shall issue the order if he determines that the employer has set forth sufficient reasons and safeguards to justify the temporary variance. He shall include in the order the conditions under which the variance is granted. The application for a temporary variance shall contain:
(a) A specification of the standard or portion thereof from which the employer seeks a variance;
(b) A representation by the employer supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons thereof;
(c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
(d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard; and
(e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition to the director for a hearing.]
Sec. 4. NRS 618.465 is hereby amended to read as follows:
618.465 1. If, upon inspection or investigation, the director or his authorized representative believes that an employer has violated a requirement of this chapter, or any standard, rule or order [promulgated] adopted or issued pursuant to this chapter, the department shall with reasonable promptness issue a citation to the employer. Each citation [shall] must be in writing and [shall] describe with particularity the nature of the violation, including a reference to the section of this chapter or the provisions of the standard, rule, regulation or order alleged to have been violated. In addition the citation [shall] must fix a reasonable time for the abatement of the violation. The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to:
(a) [de minimis] Minor violations which have no direct or immediate relationship to safety or health [.] ; and
κ1981 Statutes of Nevada, Page 588 (CHAPTER 326, AB 409)κ
(b) Violations which are not serious and which the employer agrees to correct within a reasonable time.
2. Each citation issued under this section, or a copy or copies thereof, [shall] must be prominently posted as prescribed in regulations [issued] adopted by the director at or near each place a violation referred to in the citation occurred.
3. No citation may be issued under this section after the expiration of 6 months following the occurrence of any violation.
Sec. 5. NRS 618.585 is hereby amended to read as follows:
618.585 1. The board shall:
(a) Meet as often as necessary to hold review hearings, as provided in NRS 618.605, at such times and places as the chairman may determine;
(b) Enact rules and regulations governing the conduct of review hearings; and
(c) Perform such other duties as the commission may prescribe.
2. The board may employ legal counsel to advise it concerning matters which come before it.
3. A quorum of [such board shall] the board must be present in order for the conduct of review hearings or other business.
[3.] 4. A quorum consists of at least one member representing labor, one member representing management and the member representing the general public.
[4.] 5. All decisions of the board [shall] must be determined by a majority decision.
[5.] 6. A complete record of every review hearing [shall] must be made.
Sec. 6. NRS 618.625 is hereby amended to read as follows:
618.625 1. The department may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size of the employer, the gravity of the violation, the good faith of the employer and the history of previous violations.
2. For purposes of this chapter, a serious violation [shall be deemed to exist] exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use in [such] that place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
3. Administrative fines owed under this chapter [shall] must be paid to the department. [Such] The fines may be recovered in a civil action in the name of the department brought in [the district court for] a court of competent jurisdiction in the county where the violation is alleged to have occurred or where the employer has his principal office.
________
κ1981 Statutes of Nevada, Page 589κ
Assembly Bill No. 183Assemblymen Robinson, Bremner and Craddock
CHAPTER 327
AN ACT relating to liability insurance; requiring insurers of providers of health care to report malpractice claims; allowing boards which license providers of health care to consider repeated claims of malpractice in determining whether the licensee is subject to disciplinary action; abolishing medical-legal screening panels; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 690B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS for a breach of his professional duty toward a patient shall report to the board which licensed the practitioner within 30 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the name and address of the claimant and the practitioner and the circumstances of the case.
2. A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS who does not have insurance covering liability for a beach of his professional duty toward a patient shall report to the board which issued his license within 30 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving his name and address, the name and address of the claimant and the circumstances of the case.
3. These reports are public record and must be made available for public inspection within a reasonable time after they are received by the licensing board.
Sec. 2. NRS 49.245 is hereby amended to read as follows:
49.245 There is no privilege under NRS 49.225 or 49.235:
1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.
3. As to communications relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. In a prosecution or mandamus proceeding under chapter 441 of NRS.
5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.
6. [In a hearing before a screening panel under chapter 41A of NRS.
κ1981 Statutes of Nevada, Page 590 (CHAPTER 327, AB 183)κ
7.] As to any communication placed in health care records which are furnished in accordance with the provisions of NRS 629.061.
Sec. 3. NRS 630.301 is hereby amended to read as follows:
630.301 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 regulating 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 the license to practice medicine by any other jurisdiction.
4. Gross or repeated malpractice [.] , which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 3.5. NRS 630.364 is hereby amended to read as follows:
630.364 The board of medical examiners, a medical review panel of a hospital, [a medical-legal screening panel,] a medical society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for [such] that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 4. NRS 631.050 is hereby amended to read as follows:
631.050 1. As used in this chapter, dishonorable or unprofessional conduct [is declared to include:] includes:
(a) Conviction of a felony or misdemeanor involving moral turpitude, or conviction of any criminal violation of this chapter; [or]
(b) Employing, directly or indirectly, any student or any suspended or unlicensed dentist to perform operations of any kind in treating or correction of the teeth or jaws, except as provided in this chapter; [or]
(c) The publication or circulation, directly or indirectly, of any fraudulent, false or misleading statement as to the skill or method of practice of any dentists; [or]
(d) The use of advertising in which reference is made to any anesthetic, drug, formula, material, medicine, method or system used or to be used; [or] the advertising of the performance of any dental operation without causing pain; [or] the advertising of any free dental service or examination as an inducement to secure dental patronage; [or] the advertising of price, cost, charge, fee or terms of credit for the services performed or to be performed, or for material used or to be used, by any person engaged as principal or agent in the practice of dentistry; [or] the advertising of a guarantee for any dental services; or the advertising of artificial teeth or dentures with or without the use of any representation of a tooth, teeth, bridgework or denture, or of any portion of the human head, or the exhibition or use of specimens of dental work, large display signs, glaring light signs, electric or neon, or any signs, posters or other media calling attention of the public to any person engaged in the practice of dentistry.
κ1981 Statutes of Nevada, Page 591 (CHAPTER 327, AB 183)κ
person engaged in the practice of dentistry. Any person taking up or retiring from the practice of dentistry, changing his place of business or business telephone, or who intends to absent himself from, or return to, his place of business may advertise [such] that fact in a newspaper for not more than 3 successive publications, which advertisement [shall] may not exceed 2 column inches; [or]
(e) The claiming or inferring of professional superiority over neighboring practitioners; [or]
(f) The giving of a public demonstration of [skill or] methods of [practicing upon or along the streets or highways or] practice any place other than the office where the licensee is known to be regularly engaged in his practice; [or]
(g) Fraud or misrepresentation in connection with the securing of a license; [or]
(h) Willful or repeated violations of the rules of the board of health; [or]
(i) Division of fees or agreeing to split or divide the fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative, but this [shall] may not be construed to forbid licensed dentists from practicing in a partnership and sharing professional fees, to forbid a licensed dentist from employing another licensed dentist or dental hygienist, or to forbid a licensed dentist from rendering services as a member of a nonprofit professional service corporation; [or]
(j) Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry; but the patient practiced upon [shall] may not be deemed an accomplice, employer, procurer, inducer, aider, or abettor within the meaning of this chapter; [or]
(k) Professional connection or association with, or lending his name to, anyone who is engaged in the illegal practice of dentistry; professional connection or association with any person, firm or corporation holding himself, themselves, or itself out in any manner contrary to this chapter; [or]
(l) Use of the name clinic, institute, or other title or designation that may suggest a public or semipublic activity; [or]
(m) Failure to pay license fees; [or]
(n) Chronic or persistent inebriety, or addiction to a controlled substance as defined in chapter 453 of NRS, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; [or]
(o) Willful negligence in the practice of dentistry or dental hygiene; [or]
(p) Practice by a dental hygienist in any place not authorized by this chapter; [or]
(q) Practicing while his license is suspended or without a renewal certificate; [or]
(r) Practicing under a false or assumed name [.] ; or
(s) Repeated malpractice, which may be evidenced by claims of malpractice settled against the practitioner.
2. The enumeration of the acts in subsection 1 [shall] must not be construed as a complete definition of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.
κ1981 Statutes of Nevada, Page 592 (CHAPTER 327, AB 183)κ
construed as a complete definition of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.
Sec. 5. NRS 632.220 is hereby amended to read as follows:
632.220 The board [shall have] has the power to deny, revoke or suspend any license to practice nursing as a professional nurse applied for or issued under this chapter or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a professional nurse.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction [shall be] is conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance as defined in chapter 453 of NRS.
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction [shall be] is conclusive evidence thereof.
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
Sec. 5.5. NRS 632.320 is hereby amended to read as follows:
632.320 The board [shall have powers to] may deny, revoke or suspend any license to practice nursing as a practical nurse applied for or issued under this chapter, or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a practical nurse.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction [shall be] is conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance as defined in chapter 453 of NRS.
5. Is mentally incompetent.
κ1981 Statutes of Nevada, Page 593 (CHAPTER 327, AB 183)κ
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction [shall be] is conclusive evidence thereof.
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
Sec. 6. NRS 634.010 is hereby amended to read as follows:
634.010 As used in this chapter:
1. Board means the Nevada state board of chiropractic examiners.
2. Chiropractic is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygienic, nutritive and sanitary measures and all methods of diagnosis.
3. Unprofessional conduct means:
(a) Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
(b) Procuring, or aiding or abetting in procuring, criminal abortion.
(c) Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
(d) Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this paragraph, public communication includes, but it not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. Nothing contained in this paragraph prohibits the direct mailing of informational documents to former or current patients.
(e) Willful disobedience of the law, or of the regulations of the state board of health, or of the regulations of the Nevada state board of chiropractic examiners.
(f) Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.
(g) Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS.
(h) Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS. The record of conviction is conclusive evidence of unprofessional conduct.
κ1981 Statutes of Nevada, Page 594 (CHAPTER 327, AB 183)κ
(i) Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance as defined in chapter 453 of NRS.
(j) Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
(k) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter.
(l) Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
(m) Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
Sec. 7. NRS 633.511 is hereby amended to read as follows:
633.511 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 regulating 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 the license to practice osteopathic medicine by any other jurisdiction.
4. Gross or repeated malpractice [.] , which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 8. NRS 634A.170 is hereby amended to read as follows:
634A.170 The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of a felony, conviction of any offense involving moral turpitude or conviction of a violation of any state or federal law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS, as shown by a certified copy of record of the court;
2. The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;
3. Gross [malpractice;] or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;
4. Advertising by means of knowingly false or deceptive statement;
5. Advertising, practicing or attempting to practice under a name other than ones own;
6. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS;
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;
κ1981 Statutes of Nevada, Page 595 (CHAPTER 327, AB 183)κ
8. Sustaining a physical or mental disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the practice of traditional Oriental medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Otaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate his school of practice in the professional use of his name by the term traditional Oriental doctor, doctor of acupuncture, doctor of herbal medicine or acupuncture assistant, as the case may be;
17. Willful violation of the law relating to the health, safety or welfare of the public or of the rules and regulations promulgated by the state board of health;
18. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, except for the prevention, alleviation or cure of disease or for relief from suffering; and
19. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 9. NRS 635.130 is hereby amended to read as follows:
635.130 The board may revoke any certificate it has issued for any of the following causes:
1. The willful betrayal of a professional secret.
2. The making of a false statement in any affidavit required of the applicant for application, examination and registration under this chapter.
3. Lending the use of the holders name to an unregistered person.
4. If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
5. Habitual indulgence in the use of any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the holder in the performence of his professional duties.
6. Conviction of a crime involving moral turpitude.
7. Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
8. Repeated malpractice, which may be evidenced by claims of malpractice settled against the practitioner.
Sec. 10. NRS 636.300 is hereby amended to read as follows:
636.300 Any of the following acts by a licensee constitutes unethical or unprofessional conduct:
1. Association as an optometrist with any person, firm or corporation violating this chapter.
2. Accepting employment, directly or indirectly, from a person [or persons] not licensed to practice optometry in this state for the purpose of assisting him [or them] in such practice or enabling him [or them] to engage therein.
κ1981 Statutes of Nevada, Page 596 (CHAPTER 327, AB 183)κ
persons] not licensed to practice optometry in this state for the purpose of assisting him [or them] in such practice or enabling him [or them] to engage therein.
3. Making a house-to-house canvass, either in person or by another [or other persons,] person, for the purpose of advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
4. Division of fees with another optometrist except for services based on division of service or responsibility.
5. Division of fees or any understanding or arrangement with any person not an optometrist.
6. Employing any person to solicit house-to-house for the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
7. Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to his method of practice or skill, or the method of practice or skill of any other licensee.
8. Advertising in any manner that will tend to deceive, defraud or mislead the public.
9. Advertising, directly or indirectly, free optometric examinations or services.
10. Advertising, directly or indirectly, any rates or definite amount or terms for optometric materials or services.
11. Practicing in or on premises where any materials other than those necessary to render optometric examinations or services are dispensed to the public, or where a commercial or mercantile business is being conducted not exclusively devoted to optometry or other health care professions and materials or merchandise are displayed having no relation to the practice of optometry or other health care professions.
12. Use for the purpose of treatment of any agent which the licensee is authorized by the board to use only for the purpose of diagnosis.
13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
Sec. 11. NRS 637.150 is hereby amended to read as follows:
637.150 The board may refuse to grant a license to practice as a dispensing optician or may suspend or revoke a license to practice as a dispensing optician upon proof to the satisfaction of the board that the applicant or holder of a license:
1. Has been adjudicated insane;
2. Habitually uses any controlled substance as defined in chapter 453 of NRS or intoxicants;
3. Has been convicted of crime involving moral turpitude;
4. Has advertised fraudulently;
5. Has presented to the board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the state through fraud of any kind;
6. Has been convicted of a violation of any federal or state law relating to a controlled substance as defined in chapter 453 of NRS;
7. Has violated any regulation of the board;
8. Has violated any provision of this chapter; [or]
κ1981 Statutes of Nevada, Page 597 (CHAPTER 327, AB 183)κ
9. Is incompetent [.] ; or
10. Has repeatedly been negligent, as may be evidenced by claims of malpractice settled against a practitioner.
Sec. 12. NRS 637B.250 is hereby amended to read as follows:
637B.250 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 [.] , which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 13. NRS 639.210 is hereby amended to read as follows:
639.210 The board may suspend or revoke:
1. Any certificate or current renewal thereof, any license or current renewal thereof, any permit or current renewal thereof, and deny the application of any person for a certificate, license or permit, who:
(a) Is not of good moral character;
(b) Is guilty of habitual intemperance;
(c) Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance as defined in chapter 453 of NRS, unless taken pursuant to a physicians prescription, while on duty in any establishment licensed by the board;
(d) Is guilty of unprofessional conduct or conduct contrary to the public interest;
(e) Is addicted to the use of any controlled substance as defined in chapter 453 of NRS;
(f) Has been convicted of a violation of any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state;
(g) Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;
(h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;
(i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
(j) Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs;
(k) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, including laws and regulations governing controlled substances and dangerous drugs, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ;
κ1981 Statutes of Nevada, Page 598 (CHAPTER 327, AB 183)κ
dangerous drugs, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ;
(l) Has failed to renew his certificate, license or permit by failing to pay the renewal fee therefor;
(m) Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state; [or]
(n) Has, as a responsible managing pharmacist, violated any provisions of law or regulation concerning recordkeeping or inventory requirements in a store over which he presides as responsible managing pharmacist or has allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy, including statutes governing controlled substances and dangerous drugs, by personnel of the pharmacy under his supervision as responsible managing pharmacist [.] ; or
(o) Has repeatedly been negligent, as may be evidenced by claims of malpractice settled against him.
2. Any permit or current renewal thereof for the issuance of a manufacturers or wholesalers permit, or for the issuance of a current renewal of a permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:
(a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;
(b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
(c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or
(d) Has failed to renew his permit by failing to pay the renewal fee therefor.
Sec. 14. NRS 640.160 is hereby amended to read as follows:
640.160 The board, after due notice and hearing, may refuse to register any applicant, and may refuse to renew the registration of any registered person, and may suspend or revoke the registration of any registered person:
1. Who is habitually drunk or who is addicted to the use of a controlled substance as defined in chapter 453 of NRS.
2. Who has been convicted of violating any state or federal law relating to controlled substances as defined in chapter 453 of NRS.
3. Who is, in the judgment of the board, guilty of immoral or unprofessional conduct.
4. Who has been convicted of any crime involving moral turpitude.
5. Who is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist [.] which may be evidenced by claims of malpractice settled against a practitioner.
6. Who has obtained or attempted to obtain registration by fraud or material misrepresentation.
κ1981 Statutes of Nevada, Page 599 (CHAPTER 327, AB 183)κ
7. Who has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
8. Who has treated or undertaken to treat ailments of human beings otherwise than by physical therapy and as authorized in this chapter, or who has undertaken to practice independently of the prescription, direction or supervision of a person licensed to practice medicine and surgery without limitation, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this chapter.
Sec. 15. NRS 41A.010 to 41A.095, inclusive, are hereby repealed.
Sec. 16. The statute of limitations on any claim of malpractice which was pending before a medical-legal screening panel on the effective date of this act and was tolled under former NRS 41A.080 continues to be tolled for a period of 6 months after the effective date of this act.
________
Assembly Bill No. 9Assemblymen Bergevin and Marvel
CHAPTER 328
AN ACT relating to livestock dealers; providing for the use of real property as security in lieu of a surety bond; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall: [do one of the following:]
(a) File [a] one of the following:
(1) A bond of a surety company authorized to do business in this state. [or a]
(2) A bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond.
(3) A personal bond secured by a first deed of trust on real property within this state which is subject to execution and worth, above all exemptions, double the amount of the bond. At the time of filing the bond with the department the applicant must also file a policy of title insurance on the real property from a title insurance company licensed in Nevada, which states that the property is free and clear of all encumbrances and liens other than the first deed of trust. The applicant must certify under oath that the property is worth at least twice the amount of the bond and that it is unencumbered. The certificate must be approved by the department.
The bond shall be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products, and shall provide that the surety company, if any, will notify the department before the end of the second business day after any claim or judgment has been made against the bond.
κ1981 Statutes of Nevada, Page 600 (CHAPTER 328, AB 9)κ
provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products, and shall provide that the surety company, if any, will notify the department before the end of the second business day after any claim or judgment has been made against the bond. The aggregate liability of [the] any surety to all claimants [shall, in no event, exceed] is limited to the amount of the bond for each [and every] licensing period [.] ;
(b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204) [.] ; or
(c) Furnish other security in the amount required by this section which is acceptable to the department.
2. In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a bank or trust company in this state showing the deposit with [such] that bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt [shall] must be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which the dealer, broker or commission merchant is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
3. The amount of [such] the bond, other security or deposit [shall] must be:
(a) Based on the applicants annual volume of purchases, according to a schedule which the department shall adopt.
(b) Not be less than $5,000 nor more than $100,000.
4. All bonds [shall] must be renewed or continued in accordance with [rules and regulations promulgated] regulations adopted by the department.
5. Any producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against [such] the dealer, broker or commission merchant and the surety or sureties on [the] any bonds, or either of them. Process authorized by the instrument filed with the department pursuant to subsection 4 of NRS 576.030 [shall] must be served by delivering to and leaving with the executive director duplicate copies of [such] that process and the payment of a fee of $2, and the service upon [such] his attorney shall be deemed service upon [such] the dealer, broker or commission merchant. The executive director shall [forthwith] forward one copy of [such] the process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of [such] service. The defendants return receipt [shall be] is prima facie evidence of the completion of [such] service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear [shall be deemed to be] is