[Rev. 2/27/2019 12:59:01 PM]
κ1981 Statutes of Nevada, Page 1249κ
Senate Bill No. 610Committee on Judiciary
CHAPTER 582
AN ACT relating to gaming; clarifying the applicability of the requirement to obtain a license or a finding of suitability where an interest which is already the subject of a license or finding of suitability is placed in a trust; and providing other matters properly relating thereto.
[Approved June 5, 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:
A person owning an interest in a gaming establishment who is licensed or has been found suitable by the commission does not have to requalify for a license or a finding of suitability whenever he makes his interest the subject matter of a revocable trust in which he retains the entire interest as the sole beneficiary. The settlor of such a trust must file a copy of the trust instrument or any amendment thereof with the board before the transfer of the interest becomes effective and before the effective date of any amendment.
________
Senate Bill No. 583Committee on Taxation
CHAPTER 583
AN ACT making an additional and supplemental appropriation to the department of taxation for budgeting changes; and providing other matters properly relating thereto.
[Approved June 5, 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 taxation the sum of $90,000 to cover certain costs in carrying out budgeting changes required by certain new legislation concerning property taxes. This appropriation is additional and supplemental to that allowed and made by section 12 of chapter 695, Statutes of Nevada 1979.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act 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. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1250κ
Senate Bill No. 482Committee on Judiciary
CHAPTER 584
AN ACT relating to the attorney general; providing him with power to investigate and prosecute certain crimes committed by state employees; permitting district attorneys to act in certain cases; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 228 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section state officer or employee means an elected officer of the state or any state officer or employee who is compensated from the state treasury.
2. The attorney general has primary jurisdiction to investigate and prosecute criminal offenses committed by state officers or employees in the course of their duties or arising out of circumstances related to their positions.
3. A district attorney may investigate an offense specified in subsection 2 if:
(a) The attorney general has stated in writing to the district attorney that the attorney general does not intend to act in the matter; or
(b) The district attorney has inquired in writing of the attorney general whether the attorney general will act in the matter, and:
(1) The district attorney has not received an answer in writing to his inquiry within 30 days after making it; or
(2) The attorney general has stated in writing to the district attorney that he will act in the matter and has not filed a criminal action in the matter within 90 days after making the statement.
4. When he is acting pursuant to this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.
5. The fact that the attorney general or a district attorney has not complied with any provision of this section is not a defense in a criminal action.
________
κ1981 Statutes of Nevada, Page 1251κ
Assembly Bill No. 489Assemblymen Mello, Price, May, Barengo, Dini, Bremner, Robinson, Polish, Hickey, Rusk, Horn, Vergiels, Westall, Malone, Marvel, Glover, Hayes, Craddock, Prengaman, Jeffrey, Bergevin, Banner, Bennett, Chaney, DuBois, Foley, Nicholas, Redelsperger, Sader, Schofield, Thompson, Rackley and Kovacs
CHAPTER 585
AN ACT to amend the title of and to amend an act entitled An Act relating to gaming licensing and associated revenue; imposing an additional state tax on slot machines contingent upon the expiration of the federal tax on slot machines; revising the distribution of revenue from this source between the public schools and the state university; authorizing the issuance of bonds for certain projects supported in part from this revenue; and providing other matters properly relating thereto, approved June 5, 1979.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act, being chapter 679, Statutes of Nevada 1979, at page 1741, is hereby amended to read as follows:
Sec. 5. 1. The board of regents, on the behalf and in the name of the [University] State of Nevada, shall, consistent with the provisions of the [University] State Securities Law:
(a) Finance the multipurpose pavilion project on the campus of the University of Nevada, Las Vegas, by an expenditure not exceeding $30,000,000, and defray [in whole or] in part the cost of that project by the issuance of general obligation bonds and other general obligation securities of the [university] state. [in a total principal amount not to exceed $30,000,000 whose principal and interest are to be paid from the capital construction fund for higher education and the special capital construction fund for higher education.]
(b) Finance the multipurpose pavilion project on the campus of the University of Nevada, Reno, by an expenditure not exceeding $26,000,000, and defray [in whole or] in part the cost of that project by the issuance of general obligation bonds and other securities of the [university] state. [in a total principal amount not to exceed $26,000,000 whose principal and interest are to be paid from the capital construction fund for higher education and the special capital construction fund for higher education.]
2. The board of regents shall proceed with construction of the two pavilions concurrently, [and] shall, to the best of [their] the boards ability, attempt to provide for the completion of the two pavilions at approximately the same time [.] , and may issue the securities designated in subsection 1 in a total amount not to exceed $40,000,000 except to the extent that the principal amount of any such securities is funded or refunded with a like principal amount of any subsequent issue of such securities.
3. If bonds or other securities are issued pursuant to [subsection 1,] subsections 1 and 2, the faith of the state is hereby pledged that [:
κ1981 Statutes of Nevada, Page 1252 (CHAPTER 585, AB 489)κ
(a) If section 3 of this amendatory act has become effective,] the tax imposed [thereby] by subsection 1 of NRS 463.385 and credited to the capital construction fund for higher education and the special capital construction fund for higher education pursuant to subsection 4 thereof will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.
[(b) If section 2 of this amendatory act remains effective, the tax imposed thereby will not be permitted to decrease below the amount per slot machine which is collected on the effective date of this section, and if necessary the legislature will amend NRS 463.385 to impose that tax without reference to any credit allowed by federal law.]
4. Subject to the limitations as to maximum principal amounts in subsections 1 and 2, the board of regents may issue to defray the cost of each project designated in subsection 1 of this section, or any part of each project, at any time or from time to time after the adoption of this amendatory act, general obligation securities of the state, which are payable from general (ad valorem) taxes levied annually in an amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor. The proceeds of any such taxes must be appropriated for the payment of those securities, and this appropriation must neither be repealed nor the taxes postponed or diminished, except to the extent that other money is used for their payment, until the principal and interest of those securities have been wholly paid. The payment of those securities must be additionally secured by a pledge of the gross revenues credited to the capital construction fund for higher education and the special capital construction fund for higher education, and those securities must be paid from the revenues in either or both of those accounts as the interest on, any prior redemption premiums due in connection with, and the principal of the securities become due.
5. As permitted by subsection 4 of NRS 349.304, any interest or other gain from the temporary investment of proceeds of securities pending their expenditure on either project must be accounted for in an account or accounts for defraying, and must be used to defray, the cost of either project, or both projects, or accounted for in a reserve account, or reserve accounts therefor, until sufficient money has been encumbered to assure the completion of each project.
6. After revenues in the capital construction fund for higher education and the special capital construction fund for higher education in any fiscal year are transferred to an account or accounts for the payment of debt service on any securities issued pursuant to this section and to any reserve account or reserve accounts therefor as provided by the authorizing proceedings adopted by the board of regents, any surplus revenues in either the capital construction fund for higher education or the special capital construction fund for higher education, or both those accounts, must, until sufficient money has been encumbered to assure the completion of each multipurpose pavilion project, be encumbered for and expended on either or both multipurpose pavilion projects, except to the extent that the surplus revenue in those two accounts is otherwise appropriated by the Nevada legislature.
κ1981 Statutes of Nevada, Page 1253 (CHAPTER 585, AB 489)κ
money has been encumbered to assure the completion of each multipurpose pavilion project, be encumbered for and expended on either or both multipurpose pavilion projects, except to the extent that the surplus revenue in those two accounts is otherwise appropriated by the Nevada legislature.
7. Any securities issued pursuant to this section may be issued in such manner, at, above, or below par, without limitation as to interest rate, effective interest rate, or any discount, and may be sold by the board of regents at public sale in accordance with the State Securities Law or at private sale.
8. This section does not prevent the board of regents from funding, refunding, or reissuing any outstanding general obligation state securities issued by the board of regents on behalf of the state for the benefit of the University of Nevada System, and payable from general (ad valorem) taxes, which payment is additionally secured by a pledge of such excise tax proceeds credited to those two capital accounts, at any time as provided in the State Securities Law.
9. Any securities issued pursuant to this section must be executed as provided in the State Securities Law in accordance with NRS 349.282 and also must be countersigned by the chairman of the board of regents and also by the chancellor and treasurer of the University of Nevada all in accordance with NRS 349.284.
10. The powers conferred by this section are in addition to and supplemental to, and the limitations imposed by this section do not affect, the powers conferred by any other law, general or special; and securities may be issued under this section without regard to the procedure required by any other such law except as otherwise provided in this section or in the State Securities Law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section are controlling.
11. The legislature finds and declares that the issuance of securities and the other incurrence of indebtedness pursuant to this section are not for the protection and preservation of any of the property or the natural resources within this state or for obtaining the benefits thereof, and do not constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 2. The title of the above-entitled act, being chapter 679, Statutes of Nevada 1979, at page 1737, is hereby amended to read as follows:
AN ACT relating to gaming licensing and associated revenue; imposing an additional state tax on slot machines contingent upon the expiration of the federal tax on slot machines; revising the distribution of revenue from this source between the public schools and the state university; authorizing the issuance [of bonds for certain projects supported in part from this revenue;] by the board of regents of the state university of state general obligation bonds and other state general obligation securities, supported from this revenue, for certain projects for the benefit of the university; and providing other matters properly relating thereto.
κ1981 Statutes of Nevada, Page 1254 (CHAPTER 585, AB 489)κ
general obligation bonds and other state general obligation securities, supported from this revenue, for certain projects for the benefit of the university; and providing other matters properly relating thereto.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 512Senator Getto
CHAPTER 586
AN ACT making appropriations to the University of Nevada for the purchase of certain equipment for the Fallon campus of the Western Nevada Community College; and providing other matters properly relating thereto.
[Approved June 5, 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 University of Nevada the sum of $59,019 for the purchase of certain equipment for the Fallon campus of the Western Nevada Community College.
Sec. 2. There is hereby appropriated from the capital construction fund for higher education to the University of Nevada the sum of $134,068 for the purchase of certain equipment for the Fallon campus of the Western Nevada Community College.
Sec. 3. Any remaining balances of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 1983, and revert to the state general fund or the capital construction fund for higher education, respectively, as soon as all payments of money committed have been made.
________
Senate Bill No. 689Committee on Taxation
CHAPTER 587
AN ACT relating to governmental finance; providing specifically for the imposition or increase of service charges by local governments; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of chapter 150, Statutes of Nevada 1981, is hereby amended to read as follows:
1. A local government shall not increase any fee for a license or permit or adopt a fee for a license or permit or increase or impose a service charge, [not previously assessed,] including without limitation every license or permit issued for revenue or regulation or both, such as business licenses, liquor licenses, gaming licenses, and building and zoning permits, except as permitted by this section.
κ1981 Statutes of Nevada, Page 1255 (CHAPTER 587, SB 689)κ
permit or adopt a fee for a license or permit or increase or impose a service charge, [not previously assessed,] including without limitation every license or permit issued for revenue or regulation or both, such as business licenses, liquor licenses, gaming licenses, and building and zoning permits, except as permitted by this section. This prohibition does not apply to service charges or fees imposed by hospitals, county airports, airport authorities, convention authorities or the Las Vegas Valley Water District.
2. The rate structure of any fee for a license or permit in effect on the date of passage and approval of this act is the base from which any increase in such license or permit fee must be calculated. On February 1 of each year the executive director of the department of taxation shall certify the increase in the Consumer Price Index for the preceding calendar year and shall furnish this information to each local government. Subject to the further limitation imposed by subsections 3 and 4, no fee for a permit or license may be increased more often than once in any calendar year or by an amount greater than its amount for the preceding calendar year multiplied by 80 percent of the increase in the Consumer Price Index from the beginning of the preceding calendar year to the beginning of the calendar year in which the increase is made.
3. A local government must submit [any proposal to impose a new charge for service and must submit] a proposal to increase a fee for a license or permit to the executive director of the department of taxation for approval if:
(a) The method of computation of a fee for a license or permit is changed;
(b) The method of computation existing on the date of passage and approval of this act is a fraction or percentage of the gross revenue of the business;
(c) The classification of a type of business is changed or new categories of business are added; or
(d) The license fee for which increases are proposed has been increased between July 1, 1979, and the date of passage and approval of this act.
A local government or any person who may be required to pay the [charge or] fee may appeal from the decision of the executive director of the department of taxation to the interim legislative committee on local governmental finance. The executive director and the committee shall evaluate the proposal to determine whether the proposed change is consistent with the purpose of this section to limit increases in the rate structure for these revenues.
4. A local government may not increase any fee for a license or permit which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding calendar year by 80 percent or more of the increase in the Consumer Price Index during that preceding calendar year.
5. A local government may increase any service charge which was in effect on July 1, 1981, or whose imposition was approved after that date pursuant to this section, to the extent:
κ1981 Statutes of Nevada, Page 1256 (CHAPTER 587, SB 689)κ
(a) Necessary to comply with any covenant relating to securities to whose repayment revenue from the service charge is pledged; or
(b) Reasonably necessary to meet the actual expense of providing the service, including the upkeep of any property so used.
6. A local government must submit any other proposal to increase a service charge to the executive director of the department of taxation for approval, and the local government or any person who may be required to pay the charge may, within 30 days after the executive director makes his decision, appeal from his decision to the interim legislative committee on local governmental finance. A local government must submit any proposal to impose a new service charge to that committee for its approval.
7. A local government may submit an application for exemption from the provisions of this section to the interim legislative committee on local governmental finance, which may grant the exemption if it finds that:
(a) The conditions prescribed in section 3.3 of this act for a temporary exemption exist, and makes written findings of the facts supporting the exemption;
(b) The local government has not previously charged a fee for a license or permit or imposed a service charge; or
(c) The last increase was not recent and the rates of the fees charged by the local government are at a significantly lower level than those of other similar local governments in the state.
[6.] 8. The provisions of this section apply to any license or permit for any purpose regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of provisions of this section is void.
Sec. 2. Section 21 of chapter 150, Statutes of Nevada 1981, is hereby amended to read as follows:
Sec. 21. 1. This section and sections 18 to 20, inclusive, of this act shall become effective upon passage and approval.
2. Except as provided in subsection 3:
(a) Sections 1 to 17, inclusive, of this act shall become effective upon passage and approval for the purposes of preparing budgets and calculating levies.
[3.] (b) For all other purposes, sections 1 to 17, inclusive, of this act shall become effective July 1, 1981.
3. Section 5 of this act shall become effective upon the passage and approval of Senate Bill No. 689 of this session.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1257κ
Senate Bill No. 516Committee on Finance
CHAPTER 588
AN ACT increasing salaries of employees of the State of Nevada in the classified service; providing for salary adjustments in the classified service; making appropriations for the increases of salaries from the state general fund and the state highway fund; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. Except as otherwise provided in this act, to effect a salary increase of approximately 8 percent and then an additional salary increase of $100 per month, both effective January 1, 1981, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1981, and ending June 30, 1981, the sum of $4,339,000, and for the fiscal periods beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, the sums of $7,109,000 and $7,731,000, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada as fixed by the 60th and 61st sessions of the legislature and the salary requirements of the classified personnel of those departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1981.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1981, and ending June 30, 1981, the sum of $230,000, and for the fiscal periods beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, the sums of $500,000 and $560,000, respectively, to provide for certain correctional officers and group supervisors of the Nevada youth training center and the Nevada girls training center in the classified service, a special salary adjustment of approximately 5 percent to become effective on January 1, 1981, and which is in addition to all other salary adjustments authorized under this act. This special salary adjustment is a part of the adjusted pay plan for the purposes of subsection 5.
3. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1981, and ending June 30, 1981, the sum of $133,000, and for the fiscal periods beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, the sums of $290,000 and $310,000, respectively, to provide for certain mental health technicians and nurses in the classified service, a special salary adjustment of approximately 5 percent to become effective on January 1, 1981, and which is in addition to all other salary adjustments authorized under this act. This special salary adjustment is a part of the adjusted pay plan for the purposes of subsection 5.
4. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1982, and ending June 30, 1982, the sum of $2,252,000, and for the fiscal period beginning July 1, 1982, and ending June 30, 1983, the sum of $4,688,000, to provide a maximum 8 percent salary adjustment for classified employees described in subsection 1, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1982, and to be effective through June 30, 1983.
κ1981 Statutes of Nevada, Page 1258 (CHAPTER 588, SB 516)κ
state board of examiners for the fiscal period beginning January 1, 1982, and ending June 30, 1982, the sum of $2,252,000, and for the fiscal period beginning July 1, 1982, and ending June 30, 1983, the sum of $4,688,000, to provide a maximum 8 percent salary adjustment for classified employees described in subsection 1, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1982, and to be effective through June 30, 1983. The percentage increase must be determined by using the National Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1980 through September 1981, not to exceed 8 percent.
5. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salary needs of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. To effect a salary increase of approximately 8 percent and then an additional salary increase of $100 per month, both effective January 1, 1981, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1981, and ending June 30, 1981, the sum of $530,000, and for the fiscal periods beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, the sums of $1,019,000 and $1,100,000, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the department of motor vehicles as fixed by the 60th and 61st sessions of the legislature and the salary requirements of classified personnel of the department of motor vehicles necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1981.
2. There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1982, and ending June 30, 1982, the sum of $308,000, and for the fiscal period beginning July 1, 1982, and ending June 30, 1983, the sum of $669,000, to provide a maximum 8 percent salary adjustment for classified employees of the department of motor vehicles, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1982, and to be effective through June 30, 1983. The percentage increase must be determined by using the National Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1980 through September 1981, not to exceed 8 percent.
3. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, may allocate and disburse to the department of motor vehicles out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salary needs of the department of motor vehicles under the adjusted pay plan.
κ1981 Statutes of Nevada, Page 1259 (CHAPTER 588, SB 516)κ
time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salary needs of the department of motor vehicles under the adjusted pay plan.
Sec. 3. 1. To effect a salary increase of approximately 8 percent and then an additional salary increase of $100 per month, both effective January 1, 1981, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1981, and ending June 30, 1981, the sum of $1,347,000, and for the fiscal periods beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, the sums of $2,065,000 and $2,115,000, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University of Nevada System as fixed by the 60th and 61st sessions of the legislature and the salary requirements of the classified personnel of the University of Nevada System necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1981.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1982, and ending June 30, 1982, the sum of $571,000, and for the fiscal period beginning July 1, 1982, and ending June 30, 1983, the sum of $1,177,000, to provide a maximum 8 percent salary adjustment for classified employees of the University of Nevada System, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1982, and to be effective through June 30, 1983. The percentage increase must be determined by using the National Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1980 through September 1981, not to exceed 8 percent.
3. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, may allocate and disburse to the University of Nevada System out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salary needs of the classified employees of the University of Nevada System under the adjusted pay plan.
Sec. 4. The money appropriated for fiscal years 1981-82 and 1982-83, in sections 1 to 3, inclusive, of this act is available for both fiscal years 1981-82, and 1982-83, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
Sec. 5. This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1981.
________
κ1981 Statutes of Nevada, Page 1260κ
Senate Bill No. 714Committee on Finance
CHAPTER 589
AN ACT relating to the state personnel system; providing for increases in the salaries of persons serving in the unclassified service of the state; making an appropriation; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:
Approximate
Annual
Title or Position Salary
1. General service of the state:
Medical program coordinator, Nevada mental health institute ........................................................................................... $60,000
Director, department of human resources........................... 47,750
Administrator, mental hygiene and mental retardation division 45,637
Director, department of transportation................................ 47,500
Director, MX planning project.............................................. 40,771
Director, department of administration................................ 43,358
Deputy administrator, mental hygiene and mental retardation division ........................................................................................... 41,079
Superintendent of public instruction................................... 40,509
Director, department of prisons............................................ 44,000
Executive assistant, governors office................................. 37,661
Director, state department of conservation and natural resources 38,944
Director, department of data processing............................. 38,500
Deputy director, department of transportation................... 41,648
Chief, personnel division....................................................... 38,231
Director, department of commerce........................................ 40,000
Executive director, employment security department........ 38,231
Chairman, Nevada industrial commission............................ 38,231
Executive director, department of taxation.......................... 38,231
Manager, state public works board...................................... 38,800
Director, department of motor vehicles................................ 45,000
Director, department of general services............................. 40,240
Director, department of energy............................................. 38,800
Administrator, rehabilitation division.................................. 37,376
Executive assistant, governors office................................. 36,807
Appeals officer, hearings division, department of administration 37,661
Associate administrator, mental retardation....................... 36,521
Administrator, division of environmental protection........ 36,236
Public defender........................................................................ 34,528
κ1981 Statutes of Nevada, Page 1261 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Commissioner of insurance.................................................... $34,243
Executive director, state department of agriculture............ 35,382
***Chief parole and probation officer................................. 34,243
Deputy superintendent of public instruction..................... 34,812
State engineer (division of water resources)....................... 34,812
Operations analyst, governors office................................. 33,000
Administrator, youth services division............................... 34,243
Coordinator, child abuse........................................................ 30,000
Administrator, division of Colorado River resources........ 37,500
Executive assistant, governors office (press secretary).. 25,857
Deputy manager, state public works board......................... 34,243
Administrative assistant, governors office........................ 33,103
Director, department of wildlife............................................. 33,103
Appeals officer, hearings division, department of administration (two positions) each................................................................ 33,103
Deputy executive director, department of taxation............ 33,103
Supervising public defender (office).................................... 33,103
State planning coordinator.................................................... 33,103
Deputy budget administrator................................................ 34,300
Deputy director, MX planning project................................. 36,694
Associate superintendent for administration, department of education ........................................................................................... 33,103
Superintendent of banks........................................................ 33,103
Administrator, aging services............................................... 33,103
Chief, planning division, MX planning project.................. 33,000
Chief, division of management of contracts and grants, MX planning project............................................................................... 33,000
Chief, division of intergovernmental coordination, MX planning project........................................................................................... 33,000
General manager, office of state controller.......................... 32,818
Industrial attorney, Nevada industrial commission........... 32,761
**Assistant director, state department of conservation and natural resources.......................................................................... 31,963
Chief assistant, department of human resources............... 31,964
Chief, facility management..................................................... 32,000
Chief, systems and programming.......................................... 36,500
Commissioner, local government employee-management relations board........................................................................................... 31,395
Commissioner of savings associations................................ 33,103
Nevada industrial commissioners (other than chairman) (two positions) each................................................................................... 31,395
Adjutant general...................................................................... 32,500
Supervising public defender (trial)....................................... 30,824
*Assistant to director, department of energy..................... 31,395
State fire marshal..................................................................... 31,395
*** Retroactive to 6/30/80.
**Two positions until June 30, 1981.
*Position is eliminated on June 30, 1981.
κ1981 Statutes of Nevada, Page 1262 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Executive director, state dairy commission......................... $30,824
Deputy industrial attorney, Nevada industrial commission 31,110
Deputy executive director, department of taxation............ 30,824
State forester firewarden........................................................ 30,824
Administrator, division of state parks.................................. 30,824
Administrator, housing division........................................... 32,500
Superintendent, youth training center................................. 30,255
Superintendent, girls training center.................................... 30,255
Superintendent, childrens home (two positions) each..... 34,243
Deputy administrator, youth services division.................. 29,981
Real estate administrator........................................................ 29,685
Director, state comprehensive employment and training office 29,685
Administrator, division of energy conservation and planning 29,685
Accountant, controllers office (two positions) each........ 30,000
Administrator, division of energy research and development 29,685
Executive secretary, Henderson track.................................. 29,685
Administrator, manufactured housing division.................. 29,685
Public mine inspector.............................................................. 29,685
Deputy public defender (four positions) each.................... 29,685
Deputy public defender (prison)........................................... 29,685
Employee relations officer...................................................... 29,685
Labor commissioner................................................................ 29,116
Director, department of economic development................. 30,000
Deputy industrial attorney, Nevada industrial commission 29,372
*Director, commission on crimes, delinquency and corrections 28,546
Taxicab administrator.............................................................. 30,000
Executive director, equal rights commission....................... 28,000
Director, state occupational information coordinating committee 27,691
Deputy director, department of motor vehicles.................. 29,685
Administrator, division of state lands.................................. 27,975
Administrator, motor vehicle service, department of general services ........................................................................................... 30,000
Administrator, unclaimed property....................................... 27,975
Administrator, division of water planning........................... 27,975
Director, department of museums and history.................... 28,546
Deputy administrator, division of Colorado River resources 27,975
Deputy director, department of commerce.......................... 23,419
District supervisor, water commissioners, division of water resources ........................................................................................... 26,836
*Position is eliminated on June 30, 1981.
κ1981 Statutes of Nevada, Page 1263 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Administrator, division of mineral resources...................... $30,255
Director, Nevada state museum............................................ 27,406
Deputy administrator, housing division.............................. 25,982
Administrator, division of historic preservation and archeology 25,127
Parole board chairman............................................................ 28,000
Commissioner of consumer affairs........................................ 25,982
Deputy industrial attorney..................................................... 28,500
Chief deputy state treasurer.................................................. 25,982
Deputy secretary of state....................................................... 25,982
Assistant controller................................................................ 25,982
Treasury cashier...................................................................... 25,982
Special assistant, Las Vegas (governor).............................. 27,500
Deputy, real estate division (Las Vegas)............................. 23,134
Facilities energy engineer, buildings and grounds, department of general services............................................................................ 28,000
Chief assistant, housing division......................................... 23,988
Director, civil defense and disaster agency........................ 25,127
Deputy, tourism, department of economic development.. 27,500
Chairman, committee to hire the handicapped.................... 25,127
*Steward, Henderson track (two positions) each.............. 25,257
Medical malpractice investigator.......................................... 23,988
Executive director, council on the arts................................. 23,988
Executive secretary, Nevada historical society.................. 25,127
Executive director, Nevada Indian commission.................. 24,900
Deputy secretary of state, securities.................................... 24,900
Chief deputy commissioner, insurance division................. 24,672
Deputy, consumer affairs division........................................ 24,672
Deputy, industry, department of economic development. 27,500
Director, office of community services................................ 29,000
Parole board member (two positions) each......................... 25,000
Chief assistant, insurance division (Las Vegas)................. 23,760
Deputy, real estate division (Carson City).......................... 24,558
Chief investigator, Henderson track..................................... 26,059
Executive secretary, Nevada athletic commission.............. 25,000
Director, division of brand inspection................................. 23,076
Administrator, division of conservation districts.............. 22,392
Pari-mutuel manager, Henderson track................................ 22,279
Commissioner for veteran affairs.......................................... 22,165
Investigator, public defender................................................ 22,420
Deputy, division of energy conservation and planning... 22,165
Secretary to parole board....................................................... 21,503
Administrative assistant, adjutant general.......................... 20,570
*Administrative assistant, department of energy.............. 21,503
Chief, child care services........................................................ 21,368
Deputy director, office of community services................... 20,570
*Position is eliminated on June 30, 1981.
κ1981 Statutes of Nevada, Page 1264 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Chief assistant, division of energy conservation and planning ........................................................................................... $21,140
Deputy labor commissioner (Las Vegas)............................. 18,710
Director, Clear Creek............................................................... 18,747
Secretary to governor............................................................. 20,500
Coordinator, corporate filing................................................. 21,155
Deputy commissioner for veterans affairs (Las Vegas)..... 18,519
Chief assistant, labor commissioner..................................... 16,466
Legal research assistant, public defender........................... 16,732
Chief assistant, secretary of state......................................... 16,934
Assistant executive secretary, Nevada historical society 20,570
License investigator, Henderson track................................ 15,635
Secretary, local government employee-management relations board ........................................................................................... 15,898
Administrative secretary, governor (eight positions) each 16,059
Chief assistant, lieutenant governor.................................... 15,898
License inspector-veterinarians aide, Henderson track... 12,627
2. Public service commission:
Chairman................................................................................... $42,522
Public service commissioners (two positions) each.......... 40,000
Deputy commissioner............................................................. 35,382
Senior auditor (four positions) each..................................... 34,015
Financial analyst...................................................................... 34,638
Utility operation and rate specialist...................................... 34,638
Auditor (nine positions) each............................................... 31,052
Staff counsel............................................................................ 39,000
Assistant staff counsel (two positions) each..................... 34,638
Manager, consumer affairs.................................................... 28,000
Public education and statistical analyst.............................. 28,351
Administrative assistant (three positions) each................. 23,988
Utility rate and tariff specialist.............................................. 27,670
Manager, engineering services............................................. 38,600
Engineer, communications..................................................... 34,638
Engineer, water........................................................................ 34,638
Engineer, electric..................................................................... 34,638
Engineer, gas pipeline safety................................................. 34,638
Representative, consumer services (four positions) each 20,708
Manager, audit......................................................................... 39,100
Director, regulatory operations............................................. 40,000
Systems analyst....................................................................... 31,350
Manager, administrative services......................................... 30,000
Manager, rates and tariffs...................................................... 32,500
Senior analyst.......................................................................... 31,052
Manager, consumer affairs office (Las Vegas)................... 26,022
Legal counsel........................................................................... 39,000
κ1981 Statutes of Nevada, Page 1265 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Assistant legal counsel.......................................................... $34,638
Economist................................................................................. 37,174
3. Office of advocate for customers of public utilities:
Consumers advocate............................................................. $40,000
Staff counsel............................................................................ 36,749
Rate specialist.......................................................................... 34,638
Accountant.............................................................................. 34,638
Administrative assistant........................................................ 20,000
4. Office of the attorney general:
(a) Central office in Carson City
Chief deputy V, attorney general.......................................... $40,386
Chief deputy IV, criminal........................................................ 37,000
Chief deputy IV, civil.............................................................. 37,000
Deputy III, civil........................................................................ 35,000
Deputy III, criminal.................................................................. 35,000
*Antitrust deputy, antitrust grant........................................ 30,188
Deputy II, civil......................................................................... 30,000
Deputy II, civil......................................................................... 30,000
Deputy II, criminal................................................................... 30,000
Deputy I, criminal.................................................................... 26,000
*Antitrust investigator, antitrust grant............................... 25,300
Chief investigator.................................................................... 25,000
Investigator.............................................................................. 23,554
Administrative assistant........................................................ 23,382
Supervisor, office services..................................................... 23,382
Criminal legal researcher......................................................... 17,000
(b) Central office in Las Vegas
Chief deputy V, Las Vegas..................................................... $40,386
Investigator, Las Vegas.......................................................... 23,554
Deputy III (1/2 time, two positions) each............................ 17,500
Deputy III, taxicab (equal rights).......................................... 35,000
Deputy III (1/2 time) equal rights.......................................... 17,500
Office manager......................................................................... 16,088
(c) Highway legal counsel
Chief deputy IV........................................................................ $37,000
Deputy III................................................................................. 35,000
Deputy III................................................................................. 35,000
Deputy III................................................................................. 35,000
Deputy II (two positions) each............................................. 30,000
**Deputy I (two positions) each.......................................... 26,000
Legal research assistant (two positions) each.................... 17,000
(d) Agency deputies
Chief deputy IV, gaming......................................................... $40,000
Deputy III, human resources................................................. 35,000
Deputy IV, gaming control board (two positions) each.... 37,000
Chief deputy IV, human resources....................................... 37,000
*Position is eliminated on June 30, 1981.
**Two positions until June 30, 1981.
κ1981 Statutes of Nevada, Page 1266 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Deputy III, conservation........................................................ $35,000
*Deputy III, public service commission.............................. 35,000
Deputy III, welfare................................................................... 35,000
Deputy III, gaming commission (three positions) each..... 35,000
Chief deputy IV, commerce.................................................... 37,000
Deputy II, motor vehicles....................................................... 30,000
Deputy III, investigation and narcotics............................... 35,000
Deputy III, department of taxation........................................ 35,000
Deputy III, public lands.......................................................... 35,000
Deputy III, insurance.............................................................. 35,000
Deputy III, gaming commission............................................ 35,000
Deputy III, administration and general services................. 35,000
Deputy III, environmental protection................................... 35,000
*Deputy III, public service commission.............................. 30,000
Deputy II, housing division................................................... 30,000
Deputy III, water resources................................................... 35,000
Deputy I, conservation and natural resources................... 26,000
Deputy II, welfare (two positions) each............................... 30,000
Deputy III, prison.................................................................... 35,000
Deputy III, consumer affairs.................................................. 35,000
Deputy II, motor vehicles....................................................... 30,000
Deputy II, department of taxation......................................... 30,000
Deputy II, mental hygiene and mental retardation division 30,000
Deputy II, real estate division............................................... 30,000
Deputy I, welfare..................................................................... 26,000
Deputy IV, Colorado River commission............................... 37,000
Deputy I, Colorado River commission................................. 26,000
Deputy III, gaming control board (1/2 time)........................ 17,500
Deputy I, civil (1/2 time)......................................................... 13,000
Deputy I, criminal, prison....................................................... 26,000
5. Control of gaming:
Chairman, gaming control board........................................... $47,000
Member, gaming control board (two positions) each........ 45,000
Chief, investigation................................................................. 37,000
Chief, enforcement.................................................................. 37,000
Chief, audit............................................................................... 40,000
Chief, special investigation and intelligence....................... 37,000
Chief, tax and license.............................................................. 37,000
Executive secretary, gaming commission............................ 30,000
Systems analyst....................................................................... 33,000
Electronics engineer................................................................ 35,000
Coordinator, applicant services............................................ 32,500
Chief deputy, enforcement (two positions) each............... 33,500
Chief deputy, audit (three positions) each.......................... 35,000
Hearing officer, gaming.......................................................... 28,000
*Position is eliminated on June 30, 1981.
κ1981 Statutes of Nevada, Page 1267 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Chief deputy, investigations (three positions) each.......... $33,500
Training officer........................................................................ 30,000
Supervisor, special investigations and intelligence (two positions) each........................................................................................... 31,000
Business manager, office services........................................ 31,000
Information service director................................................... 30,000
Financial analyst, office services (two positions) each..... 28,000
Supervisor, investigations..................................................... 31,000
Supervisor, enforcement........................................................ 31,000
Supervisor, audit (five positions) each................................ 32,000
Management analyst, gaming (two positions) each.......... 30,000
Computer programmer............................................................ 30,000
Securities analyst, gaming..................................................... 29,000
Personnel officer...................................................................... 30,000
Senior agent, investigation (eight positions) each............ 28,000
Senior agent, special investigation and intelligence (four positions) each........................................................................................... 28,000
Senior agent, audit (14 positions) each................................ 29,000
Deputy chief, tax and license................................................. 33,500
Electronics specialist.............................................................. 27,000
Senior agent, enforcement (11 positions) each................... 28,000
Intelligence analyst................................................................. 28,000
Agent II, financial investigations (three positions) each.. 25,000
Agent II, special investigation and intelligence (four positions) each ........................................................................................... 25,000
Agent II, audit (26 positions) each....................................... 26,000
Agent II, investigations (13 positions) each....................... 25,000
Agent II, enforcement (21 positions) each.......................... 25,000
Senior agent, tax and license................................................. 28,000
Agent I, financial investigations (three positions) each... 22,000
Agent I, investigations (16 positions) each........................ 22,000
Agent I, enforcement (23 positions) each........................... 22,000
Electronics technician, enforcement..................................... 24,000
Agent applicant service......................................................... 22,500
Agent I, audit (33 positions) each........................................ 23,000
Agent I, tax and license (two positions) each..................... 22,000
Legal researcher, gaming........................................................ 20,000
Statistician, gaming................................................................. 19,000
Systems programmer............................................................... 26,000
Programmer-analyst................................................................ 24,000
6. Supreme court:
Supervisory staff attorney..................................................... $38,432
Deputy supervisory staff attorney....................................... 30,859
Clerk........................................................................................... 33,952
Court administrator................................................................. 30,250
Deputy court administrator.................................................... 32,362
Law librarian............................................................................. 28,375
κ1981 Statutes of Nevada, Page 1268 (CHAPTER 589, SB 714)κ
Approximate
Annual
Title or Position Salary
Law clerk (six positions) each................................................ $20,570
*Training officer...................................................................... 24,172
Sec. 2. 1. There is hereby appropriated from the state general fund to the state board of examiners, for the period beginning January 1, 1981, and ending June 30, 1981, the sum of $437,572, for the purpose of meeting any deficiencies which may be created between appropriated money of the respective departments, commissions and agencies of the State of Nevada, other than the state gaming control board, as fixed by the 60th session of the legislature and the salary requirements of the current unclassified personnel of those departments, commissions and agencies approved by the 61st session of the legislature, effective January 1, 1981. Employees whose positions are abolished effective July 1, 1981, are entitled to the retroactive pay adjustment between January 1, 1981, and June 30, 1981, inclusive.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 61st session of the legislature.
Sec. 3. 1. There is hereby appropriated from the state general fund to the state board of examiners for the period beginning January 1, 1982, and ending June 30, 1982, the sum of $241,220, and for the period beginning July 1, 1982, and ending June 30, 1983, the sum of $483,527, for the purpose of providing a salary adjustment of not more than 8 percent for unclassified employees, based on the movement of the National Consumer Price Index, to take effect January 1, 1982, and to be effective through June 30, 1983. The percentage of the increase must be determined by using the National Consumer Price Index, published by the Bureau of Labor Statistics, United States Department of Labor, for the months of October 1980 through September 1981.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 61st session of the legislature.
Sec. 4. 1. There is hereby appropriated from the state general fund to the state board of examiners, for the period beginning January 1, 1981, and ending June 30, 1981, the sum of $406,152, for the purpose of meeting any deficiencies which may exist between appropriated money for the salaries for current unclassified employees in the state gaming control board as fixed by the 60th session of the legislature and the requirements of current unclassified personnel of the state gaming control board necessary to effect salary increases for current unclassified employees as approved by the 61st session of the legislature, to become effective January 1, 1981. Employees whose positions are abolished effective July
*Position is eliminated on June 30, 1981.
κ1981 Statutes of Nevada, Page 1269 (CHAPTER 589, SB 714)κ
1, 1981, are entitled to the retroactive pay adjustment between January 1, 1981, and June 30, 1981, inclusive.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the state gaming control board out of money appropriated by subsection 1 such sums of money as from time to time may be required which when added to money otherwise appropriated or available equals the amount required to pay the salaries of current unclassified employees of the state gaming control board required as a result of salary recommendations approved by the 61st session of the legislature.
Sec. 5. 1. There is hereby appropriated from the state general fund to the state board of examiners, for the period beginning January 1, 1982, and ending June 30, 1982, the sum of $233,946, and for the period beginning July 1, 1982, and ending June 30, 1983, the sum of $468,948, for the purpose of providing a maximum salary adjustment of not more than 8 percent for unclassified employees in the state gaming control board, based on the movement of the National Consumer Price Index, to take effect January 1, 1982, and to be effective through June 30, 1983. The percentage of the increase must be determined by using the National Consumer Price Index, published by the Bureau of Labor Statistics, United States Department of Labor, for the months of October 1980 through September 1981.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the state gaming control board out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available equals the amount required to pay the salaries of the unclassified employees of the state gaming control board required as a result of salary recommendations approved by the 61st session of the legislature.
Sec. 6. 1. There is hereby appropriated from the state highway fund to the state board of examiners, for the period beginning January 1, 1981, and ending June 30, 1981, the sum of $21,480, for the purpose of meeting any deficiencies which may exist between appropriated money for salaries for current unclassified employees in the department of motor vehicles and appropriate current employees of the attorney generals office as fixed by the 60th session of the legislature and the requirements of current unclassified personnel of the department of motor vehicles and appropriate current unclassified employees of the attorney generals office necessary to effect salary increases for current unclassified employees as approved by the 61st session of the legislature, to become effective January 1, 1981. Employees whose positions are abolished effective July 1, 1981, are entitled to the retroactive pay adjustment between January 1, 1981, and June 30, 1981, inclusive.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and appropriate employees of the attorney generals office out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available equals the amount of money required to pay the salaries of current unclassified employees of the department of motor vehicles and appropriate current unclassified employees of the attorney generals office required as a result of salary recommendations approved by the 61st session of the legislature.
κ1981 Statutes of Nevada, Page 1270 (CHAPTER 589, SB 714)κ
to money otherwise appropriated or available equals the amount of money required to pay the salaries of current unclassified employees of the department of motor vehicles and appropriate current unclassified employees of the attorney generals office required as a result of salary recommendations approved by the 61st session of the legislature.
Sec. 7. 1. There is hereby appropriated from the state highway fund to the state board of examiners for the period beginning January 1, 1982, and ending June 30, 1982, the sum of $14,069, and for the period beginning July 1, 1982, and ending June 30, 1983, the sum of $28,146, for the purpose of providing a maximum salary adjustment of not more than 8 percent to unclassified employees in the department of motor vehicles and appropriate employees of the attorney generals office, based on the movement of the National Consumer Price Index, to take effect January 1, 1982, and to be effective through June 30, 1983. The percentage of the increase must be determined by using the National Consumers Price Index, published by the Bureau of Labor Statistics, United States Department of Labor, for the months of October 1980 through September 1981.
2. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and the attorney generals office out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available equals the amounts of money required to pay the salaries of unclassified employees of the attorney generals office and the public service commission of Nevada required as a result of salary recommendations approved by the 61st session of the legislature.
Sec. 8. The money appropriated for the fiscal years 1981-82 and 1982-83 in sections 2 to 7, inclusive, of this act, is available for both fiscal years 1981-82 and 1982-83, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
Sec. 9. NRS 180.030 is hereby amended to read as follows:
180.030 1. The state public defender may employ:
(a) Deputy state public defenders [, who shall be] in the unclassified service of the state. [and receive a salary as provided in NRS 284.182.]
(b) Clerical, investigative and other necessary staff [, who shall be] in the classified service of the state.
2. Each deputy state public defender [shall] must be an attorney licensed to practice law in Nevada, and shall not engage in the practice of law, except in performing the duties of his office.
3. The state public defender and the employees of his office [shall] are entitled to receive the traveling expenses and subsistence allowances provided by law.
Sec. 10. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. [The chief parole and probation officer shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2.] Assistant parole and probation officers and employees of the board (except as provided in subsection 3 of NRS 284.140) [shall be] are in the classified service of the state and [shall] are entitled to receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
κ1981 Statutes of Nevada, Page 1271 (CHAPTER 589, SB 714)κ
board (except as provided in subsection 3 of NRS 284.140) [shall be] are in the classified service of the state and [shall] are entitled to receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
[3.] 2. The chief parole and probation officer, assistant parole and probation officers, the executive secretary and employees of the board [shall] are entitled to receive the per diem expense allowances and travel expenses as fixed by law.
[4.] 3. The compensation, salaries and expenses of the executive secretary and employees of the board [shall] must be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
[5.] 4. The chief parole and probation officer shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 11. NRS 216.115 is hereby amended to read as follows:
216.115 The commission [shall be] is administered by a director, who: [shall:]
1. [Be] Is appointed by and responsible to the governor.
2. [Serve] Serves at the pleasure of the governor.
3. [Be] Is in the unclassified service of the State of Nevada under chapter 284 of NRS.
[4. Receive an annual salary in the amount specified in NRS 284.182.]
Sec. 12. NRS 223.085 is hereby amended to read as follows:
223.085 Employees in the governors office in the unclassified service of the state [shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182. Such employees] shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.
Sec. 13. NRS 225.060 is hereby amended to read as follows:
225.060 1. The secretary of state [shall have the power] may, under his hand and seal, [to] appoint deputies [,] in the unclassified service of the state, who may, during [the absence of the secretary of state] his absence from the office, perform all the duties of a ministerial nature belonging to the office.
2. For his own security, the secretary of state may require each deputy to give him a bond in such sum and with such sureties as he may deem sufficient.
3. [Deputies and other employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
4.] Such deputies and other employees shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other office of profit.
Sec. 14. NRS 226.100 is hereby amended to read as follows:
226.100 1. The state treasurer may appoint and employ a chief deputy and a deputy cashier [.] in the unclassified service of the state.
2. [The chief deputy state treasurer and the deputy cashier shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
κ1981 Statutes of Nevada, Page 1272 (CHAPTER 589, SB 714)κ
receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
3.] The chief deputy state treasurer and deputy cashier shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.
Sec. 15. NRS 227.100 is hereby amended to read as follows:
227.100 1. The state controller [is authorized to] may appoint a deputy [, who shall have power,] in the unclassified service of the state, who may, in the absence of the state controller, [to] do all acts devolving upon and necessary to be performed by the state controller, except the signing of state warrants and bonds.
2. [The deputy state controller and other employees in the office of the state controller in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
3.] The deputy state controller and other employees shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.
Sec. 16. NRS 228.080 is hereby amended to read as follows:
228.080 1. The attorney general [is authorized to] may appoint as many deputies as he may deem necessary to perform fully the duties of his office. All deputies so appointed [shall have the power to] may perform all duties now required of the attorney general.
2. Before entering upon the discharge of his duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which [shall] must be filed in the office of the secretary of state.
3. Deputy attorneys general shall [receive annual salaries in the amounts specified in NRS 284.182. Deputy attorneys general shall] not engage in the private practice of law. [after July 1, 1975.]
Sec. 17. NRS 231.080 is hereby amended to read as follows:
231.080 1. The director of the department [shall be] is appointed by and [be] is responsible to the governor. The person appointed as director [shall] must have had successful experience in the administration and promotion of a program comparable to that provided in this chapter. The director [shall be] is in the unclassified service [as provided by the provisions of chapter 284 of NRS.] of the state.
2. The director [shall receive:
(a) An annual salary in the amount determined pursuant to the provisions of NRS 284.182.
(b) The] is entitled to receive the per diem expense allowance and travel expenses as fixed by law.
3. He shall devote his entire time to the duties of his office, and he shall not follow [no] any other gainful employment or occupation.
Sec. 18. NRS 231.110 is hereby amended to read as follows:
231.110 1. Subject to the provisions of chapter 284 of NRS, the director shall appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the department may require.
κ1981 Statutes of Nevada, Page 1273 (CHAPTER 589, SB 714)κ
may require. [, the appointments to be made in accordance with the provisions of chapter 284 of NRS.]
2. [Employees] Each employee of the department who is in the unclassified service of the state [shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182, and each] shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 19. NRS 232.050 is hereby amended to read as follows:
232.050 1. The director [shall be] is appointed by and [be] is responsible to the governor and [shall not be in the classified] is in the unclassified service of the state.
2. [He shall receive:
(a) An annual salary in the amount determined pursuant to the provisions of NRS 284.182.
(b) The] The director is entitled to receive the per diem expense allowance and travel expenses as provided by law.
3. [The director] He shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 20. NRS 232.055 is hereby amended to read as follows:
232.055 1. The director shall appoint two assistant directors of the department and shall assign their duties.
2. Each assistant director is in the unclassified service of the state and is entitled to receive [:
(a) An annual salary in the amount determined pursuant to the provisions of NRS 284.182.
(b) Travel] the travel expenses and subsistence allowances as provided by law.
3. Each assistant director shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation.
Sec. 21. NRS 232.060 is hereby amended to read as follows:
232.060 [1.] The director shall appoint, pursuant to chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.
[2. Employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
Sec. 22. NRS 232.080 is hereby amended to read as follows:
232.080 [1.] The attorney general is the counsel and attorney for the department. The attorney general, with the advice and consent of the director, shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated: [shall:
(a) Be] 1. Is the legal adviser of the department in all matters relating to the department and to the powers and duties of its officers.
[(b) Maintain] 2. Shall maintain his office in Carson City, Nevada, in an office provided by the department.
κ1981 Statutes of Nevada, Page 1274 (CHAPTER 589, SB 714)κ
[(c) Be] 3. Is in the unclassified service of the state pursuant to subsection 5 of NRS 284.140.
[2. The compensation of such deputy shall be in the amount specified in NRS 284.182.]
Sec. 23. NRS 232.139 is hereby amended to read as follows:
232.139 The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. [Such employees shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.] Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 24. NRS 232.180 is hereby amended to read as follows:
232.180 The director: [shall:]
1. [Be] Is appointed by, [be] is responsible to, and [serve] serves at the pleasure of the governor.
2. [Be] Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. [Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
4. Receive] Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
[5. Not] 4. Shall not engage in any other gainful employment or occupation.
[6. Be] 5. Must be selected with special reference to his training or experience in the services provided by the department.
Sec. 25. NRS 232.210 is hereby amended to read as follows:
232.210 The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise. [Such employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.] Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 26. NRS 232.214 is hereby amended to read as follows:
232.214 The director: [shall:]
1. [Be] Is appointed by, [be] is responsible to, and [serve] serves at the pleasure of the governor.
2. [Be] Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. [Receive an annual salary in an amount determined pursuant to NRS 284.182.
4. Receive] Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
[5. Not] 4. Shall not engage in any other gainful employment or occupation.
Sec. 27. NRS 232.217 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1275 (CHAPTER 589, SB 714)κ
232.217 The chief of the budget division may appoint a deputy and a chief assistant in the unclassified service of the state, who shall [receive annual salaries determined pursuant to NRS 284.182 and shall] not engage in any other gainful employment or occupation.
Sec. 28. NRS 232.240 is hereby amended to read as follows:
232.240 The director: [shall:]
1. [Be] Is appointed by, [be] is responsible to, and [serve] serves at the pleasure of the governor.
2. [Be] Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. [Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
4. Receive] Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
[5. Not] 4. Shall not engage in any other gainful employment or occupation.
[6. Have] 5. Must have had at least 5 years of responsible administrative experience in public or business administration or [shall] must possess broad management skills in areas related to the functions of agencies composing the department.
[7. Be] 6. Must be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities such as insurance, banking, real estate and marketing of securities. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.
(b) Administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(c) Ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.
Sec. 29. NRS 232.270 is hereby amended to read as follows:
232.270 The chief of each of the divisions of the department: [shall:]
1. [Be] Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
2. [Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
3. Administer] Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
[4. Devote] 3. Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit, except for temporary and part-time teaching duties on a university campus.
Sec. 30. NRS 232.280 is hereby amended to read as follows:
232.280 Except for the state fire marshal, the chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. [Such employees shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
κ1981 Statutes of Nevada, Page 1276 (CHAPTER 589, SB 714)κ
determined pursuant to the provisions of NRS 284.182.] Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 31. NRS 232.310 is hereby amended to read as follows:
232.310 The director: [shall:]
1. [Be] Is appointed by, [be] is responsible to, and [serve] serves at the pleasure of the governor.
2. [Be] Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. [Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
4. Receive] Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
[5. Not] 4. Shall not engage in any other gainful employment or occupation.
[6. Have had] 5. Must have broad, responsible experience in the field of administration or possess broad management skills or working knowledge of the field of social services administration.
[7. Be] 6. Must be selected with special reference to his training, experience and aptitude for coordinating related functions of public health, welfare and social service agencies. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles, and a working knowledge of principles of public finance and the laws, rules and regulations pertaining to public agencies.
(b) Administrative ability to assess the operating efficiency of component agencies and to delegate authority and duties to responsible division and agency heads.
(c) Ability to organize and clearly present oral and written findings and recommendations to the governor, the legislature and other officials and agencies.
Sec. 32. NRS 232.340 is hereby amended to read as follows:
232.340 The chief of each division of the department:
1. Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he is in the classified service of the state pursuant to the provisions of that chapter.
2. [Is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, unless he is in the classified service of the state, in which case his salary must, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.
3.] Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
[4.] 3. Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 33. NRS 232.350 is hereby amended to read as follows:
232.350 The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise.
κ1981 Statutes of Nevada, Page 1277 (CHAPTER 589, SB 714)κ
law or regulation requires otherwise. [Such deputies and assistants are entitled to receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
Sec. 34. NRS 232.450 is hereby amended to read as follows:
232.450 1. The superintendents of the Nevada youth training center, the Nevada girls training center, the northern Nevada childrens home and the southern Nevada childrens home are [:
(a) In] in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case the superintendent affected is in the classified service of the state pursuant to the provisions of that chapter.
[(b) Entitled to receive annual salaries as determined pursuant to the provisions of NRS 284.182, unless a superintendent is in the classified service of the state, in which case his salary must, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.]
2. The chief of the child care services bureau and the chief of the youth parole bureau are [:
(a) In] in the classified service of the state pursuant to the provisions of chapter 284 of NRS.
[(b) Entitled to receive annual salaries in amounts fixed pursuant to the provisions of chapter 284 of NRS.]
Sec. 35. NRS 233.050 is hereby amended to read as follows:
233.050 1. The governor shall appoint a chairman of the commission and the members shall elect a secretary from the membership of the commission.
2. The commission shall meet at least twice a year on the call of the chairman at a place designated by the chairman or a majority of the commission.
3. Employees of the commission [shall be] are in the unclassified service of the state. [and shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
Sec. 36. NRS 233A.055 is hereby amended to read as follows:
233A.055 1. The governor, upon recommendation of the commission, shall appoint an executive director of the commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.
2. The executive director of the commission [shall be] is in the unclassified service of the state. [as provided in chapter 284 of NRS and shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182 in addition to] He is entitled to receive the per diem expense allowance and travel expenses fixed by NRS 281.160.
3. The executive director of the commission shall devote his entire time to the duties of his office and shall not follow [no] any other gainful employment or occupation.
Sec. 37. NRS 284.013 is hereby amended to read as follows:
284.013 1. [Except for the provisions of NRS 284.182, this] This chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government; or
κ1981 Statutes of Nevada, Page 1278 (CHAPTER 589, SB 714)κ
(b) Members of the Nevada gaming commission or members of the state gaming control board.
2. Terms and conditions of employment of all persons referred to in subsection 1, including salaries not [set forth in NRS 284.182] prescribed by law and leaves of absence (including, without limitations, annual leave and sick and disability leave), must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations, but leaves of absence so prescribed must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter.
Sec. 38. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.
2. The manager and technical supervisor of the board and his deputy [shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.] are in the unclassified service of the state.
3. The manager and technical supervisor of the board [,] and his deputy: [, shall each:]
(a) [Be] Must each be a registered professional engineer pursuant to the provisions of chapter 625 of NRS [;] or
[(b) Be] an architect licensed under the provisions of chapter 623 of NRS; and
[(c) Devote] (b) Shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 39. NRS 360.120 is hereby amended to read as follows:
360.120 1. The department of taxation is hereby created.
2. The head of the department is the Nevada tax commission. The chief administrative officer of the department is the executive director, who [shall be] is appointed by the governor.
3. [For his services, the] The executive director [shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] is in the unclassified service of the state.
4. The executive director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit which detracts from the full and timely performance of his duties.
Sec. 40. NRS 385.170 is hereby amended to read as follows:
385.170 The superintendent of public instruction is entitled to receive [an annual salary in an amount determined pursuant to the provisions of NRS 284.182, and] subsistence and travel expenses as provided by law. The superintendent shall not pursue any other business or occupation or hold any other office of profit without the approval of the state board of education.
Sec. 41. NRS 385.320 is hereby amended to read as follows:
385.320 [1.] The deputy superintendent of public instruction and the associate superintendent for administration: [are]
1. Are in the unclassified service of the state.
κ1981 Statutes of Nevada, Page 1279 (CHAPTER 589, SB 714)κ
2. Are entitled to receive [annual salaries in the amounts determined pursuant to the provisions of NRS 284.182, and] subsistence and travel expenses as provided by law.
[2. Money to carry out the provisions of this section must be provided by direct legislative appropriation from the state general fund, and must be paid out on claims as other claims against the state are paid.]
3. [The deputy superintendent of public instruction and associate superintendent for administration each shall] Shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 42. NRS 407.045 is hereby amended to read as follows:
407.045 1. [The administrator shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2.] The salary of the administrator may be apportioned and paid from any money available to the division, unless otherwise provided by law.
[3.] 2. The administrator [shall] is entitled to receive the per diem expense allowance and travel expenses provided by law.
[4.] 3. The administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 43. NRS 408.140 is hereby amended to read as follows:
408.140 1. Subject to the approval of the board, the attorney general shall, immediately upon request by the board, appoint an attorney at law [, who shall be] as the chief counsel of the department, and such assistant attorneys as are necessary. Attorneys so appointed [by the attorney general shall be] are deputy attorneys general.
2. The chief counsel shall act as the attorney and legal adviser of the department in all actions, proceedings, hearings and all matters relating to the department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the chief counsel, the assistant attorneys may perform any duty required or permitted by law to be performed by the chief counsel.
4. The chief counsel and assistant attorneys are in the unclassified service of the state. [and are entitled to receive annual salaries in the amounts specified in NRS 284.182.]
5. All contracts, instruments and documents executed by the department must be first approved and endorsed as to legality and form by the chief counsel.
Sec. 44. NRS 412.046 is hereby amended to read as follows:
412.046 1. [The adjutant general shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2.] The adjutant general [shall] is entitled to be reimbursed for his actual and necessary traveling expenses as provided by NRS 281.160.
[3.] 2. The adjutant general shall not hold any city, county, state or federal office of profit while serving as adjutant general.
Sec. 45. NRS 412.054 is hereby amended to read as follows:
412.054 1. The adjutant general may appoint two assistant adjutants general, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as chief of staff for army and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
κ1981 Statutes of Nevada, Page 1280 (CHAPTER 589, SB 714)κ
and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
2. To be eligible for appointment to the office of assistant adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately prior to his appointment.
3. An assistant adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. He may be promoted by the governor to any grade not exceeding that of brigadier general.
4. The assistant adjutants general shall perform such duties as may be assigned by the adjutant general.
5. Whoever serves as chief of staff for army [shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182] is in the unclassified service of the state and shall not hold any other city, county, state or federal office of profit.
6. In the event of the absence or inability of the adjutant general to perform his duties, he shall designate by department regulations:
(a) One of the assistant adjutants general to perform the duties of his office as acting adjutant general.
(b) If neither assistant adjutant general is available, any national guard officer to be the acting adjutant general.
The designated assistant adjutant general or designated officer [shall] may continue to receive his authorized salary while so serving as acting adjutant general, and shall so serve until the adjutant general is again able to perform the duties of his office, or if [such] the office is vacant, until an adjutant general is regularly appointed and qualified. While so serving, he shall give to the state a fidelity bond in the same sum as is required from the adjutant general.
Sec. 46. NRS 414.040 is hereby amended to read as follows:
414.040 1. There is hereby created within the executive branch of the state government a department of civil defense and disaster assistance called the civil defense and disaster agency, and a director of civil defense and disaster assistance, called the director, who [shall be] is the head thereof. The director [shall be] is appointed by and [hold] holds office at the pleasure of the governor. [The director shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.]
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.
3. The director, subject to the direction and control of the governor, [shall be] is the executive head of the civil defense and disaster agency and [shall be] is responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state [,] and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government.
κ1981 Statutes of Nevada, Page 1281 (CHAPTER 589, SB 714)κ
all organizations for civil defense within the state [,] and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government. [, and shall have] He has such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.
4. The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 47. NRS 417.060 is hereby amended to read as follows:
417.060 The commissioner and deputy commissioner [shall each receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, and] are in the unclassified service of the state. Each shall [each] devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 48. NRS 422.275 is hereby amended to read as follows:
422.275 [1.] The attorney general and his deputies are the legal advisers for the welfare division.
[2. The deputy attorney general assigned as the legal adviser for the welfare division shall receive an annual salary in the amount specified in NRS 284.182.]
Sec. 49. NRS 423.090 is hereby amended to read as follows:
423.090 1. Subject to the provisions of chapter 284 of NRS, the superintendents shall employ all persons necessary to conduct the affairs of their respective childrens homes.
2. [Employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
3.] Each superintendent shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 50. NRS 433.244 is hereby amended to read as follows:
433.244 1. The administrator [shall:
1.] must:
(a) Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
[2.] (b) Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.
[3.] (c) Have additional qualifications which are in accordance with criteria prescribed by the personnel division of the department of administration.
[4. Be] 2. The administrator is in the unclassified service of the state. [, receive an annual salary as determined pursuant to the provisions of NRS 284.182 and receive the per diem expense allowance and travel expenses fixed by law.]
Sec. 51. NRS 463.090 is hereby amended to read as follows:
463.090 [1.] The attorney general and his deputies are the legal advisers for the commission and the board and shall represent the commission and the board in any proceeding to which either is a party.
κ1981 Statutes of Nevada, Page 1282 (CHAPTER 589, SB 714)κ
advisers for the commission and the board and shall represent the commission and the board in any proceeding to which either is a party.
[2. The deputy attorneys general assigned as legal advisers for the commission and the board are entitled to receive an annual salary in the amounts specified in NRS 284.182.]
Sec. 52. NRS 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission, when authorized by the chairman, [shall] are entitled to receive as compensation $40 for each full-day [commission] meeting [.] of the commission.
2. The executive secretary of the commission [shall be] is in the unclassified service of the state. [and shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, and he] He shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
3. Each inspector for the commission [shall] is entitled to receive for the performance of his duties a fee approved by the commission.
Sec. 53. NRS 472.025 is hereby amended to read as follows:
472.025 1. The state forester firewarden [shall:
1. Be] is in the unclassified service of the state.
2. [Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
3. Devote] He shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 54. NRS 481.035 is hereby amended to read as follows:
481.035 1. The director: [shall:]
(a) [Be] Is appointed by the governor. He [shall] must be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration.
(b) [Hold] Is entitled to hold office for a term of 4 years from and after his appointment or until his successor is appointed.
(c) [Be] Is in the unclassified service of the state. [and shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.]
(d) [Receive] Is entitled to receive the per diem and expense allowance and travel expenses as provided by law.
(e) [Devote] Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. There is hereby created in the department of motor vehicles the office of deputy director, which office [shall be] is in the unclassified service of the state. The deputy director: [shall:]
(a) [Be] Is appointed by the director, and [shall] must be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration.
(b) [Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, and] Is entitled to receive the per diem expense allowance and travel expenses as provided by law.
κ1981 Statutes of Nevada, Page 1283 (CHAPTER 589, SB 714)κ
(c) [Devote] Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 55. NRS 532.060 is hereby amended to read as follows:
532.060 1. The state engineer [shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, and] is in the unclassified service of the state.
2. He shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 56. NRS 533.270 is hereby amended to read as follows:
533.270 1. [There shall be appointed by the] The state engineer [,] shall appoint, subject to confirmation by any court having jurisdiction, one or more water commissioners for any stream system or water district subject to regulation and control by the state engineer. The duties and salaries of the water commissioners must be fixed by the state engineer and their salaries must be paid by the State of Nevada out of the water distribution accounts. The water commissioners are exempt from the provisions of chapter 284 of NRS.
2. The state engineer shall appoint a district supervisor of water commissioners and fix his duties. The district supervisor is [entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182 to be provided by direct legislative appropriation.] in the unclassified service of the state.
Sec. 57. NRS 538.151 is hereby amended to read as follows:
538.151 [1.] The attorney general is the attorney for the commission and division. He shall designate one of his deputies to conduct actions, proceedings and hearings for the commission. The deputy so designated shall:
[(a)] 1. Advise the commission and division on matters relating to either agency; and
[(b)] 2. Maintain an office in Las Vegas, Nevada.
[2. The designated deputy is entitled to receive a salary in an amount specified in NRS 284.182.]
Sec. 58. NRS 607.030 is hereby amended to read as follows:
607.030 1. The labor commissioner [shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] is in the unclassified service of the state.
2. [The labor commissioner shall be allowed] He is entitled to receive the per diem expense allowance and travel expenses as provided by law.
3. [The labor commissioner] He shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 59. NRS 607.050 is hereby amended to read as follows:
607.050 1. The labor commissioner [is authorized and directed to] shall employ a deputy, who [shall be] is in the unclassified service of the state. [and receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.]
κ1981 Statutes of Nevada, Page 1284 (CHAPTER 589, SB 714)κ
2. When travel is necessary in the performance of his official duties, the deputy [shall be] is entitled to receive from the state, in addition to his salary, the [same] mileage and expenses [as are] provided by law for state officers and employees.
3. If admitted to the practice of law in the State of Nevada, the deputy [shall have] has all the powers [and authority] of the district attorneys of the several counties in this state in the prosecution of all claims and actions originating with the labor commissioner by appropriate action in the courts of this state, when the labor commissioner is charged with the enforcement of [such law or laws.] those laws.
4. The deputy shall act under the direction of the labor commissioner, and in the performance of his duties he [shall be] is responsible to the labor commissioner.
5. The deputy [labor commissioner] shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 60. NRS 612.215 is hereby amended to read as follows:
612.215 1. The employment security department [shall be] is administered by a full-time salaried executive director, who [shall be] is appointed by the governor and [whose term of office shall be] who serves at the pleasure of the governor.
2. The executive director [of the employment security department shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] is in the unclassified service of the state.
3. [The executive director shall have] He has full administrative authority with respect to the operation and functions of the unemployment compensation service and the state employment service.
4. [The executive director] He shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 61. NRS 616.130 is hereby amended to read as follows:
616.130 1. One of the commissioners [shall] must be a representative of labor and [shall] be selected by the governor for appointment from the [individuals] persons whose names are submitted to him by the Nevada State Branch of the American Federation of Labor and the Congress of Industrial Organizations.
2. The [annual salary of the] commissioner who is a representative of labor [shall be in an amount determined pursuant to the provisions of NRS 284.182.] is in the unclassified service of the state.
3. The [present] commissioner whose term expires on September 3, 1955, is hereby determined to be the representative of labor. [The] His successor [of the commissioner representative of labor] shall be deemed to represent labor.
Sec. 62. NRS 616.135 is hereby amended to read as follows:
616.135 1. One of the commissioners [shall] must be representative of employers and [shall] be selected by the governor for appointment from the [individuals] persons whose names are submitted to him by employer associations.
2. The [annual salary of the] commissioner who is a representative of employers [shall be in an amount determined pursuant to the provisions of NRS 284.182.] is in the unclassified service of the state.
κ1981 Statutes of Nevada, Page 1285 (CHAPTER 589, SB 714)κ
Sec. 63. NRS 616.140 is hereby amended to read as follows:
616.140 1. The third commissioner selected by the governor [shall be] is the chairman. The appointee [shall] must have a degree of master of business administration or experience deemed equivalent to that degree.
2. The [annual salary of the chairman must be in an amount determined pursuant to the provisions of NRS 284.182.] chairman is in the unclassified service of the state.
Sec. 64. NRS 616.253 is hereby amended to read as follows:
616.253 1. The office of state industrial attorney is hereby created. The governor shall appoint the state industrial attorney for a term of 4 years.
2. The state industrial attorney: [shall:]
(a) [Be] Must be an attorney licensed to practice law in this state. [;]
(b) [Be] Is in the unclassified service of the state. [; and]
(c) [Not] Shall not engage in the private practice of law.
3. [The state industrial attorney is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
4.] The duties of the state industrial attorney are limited to those prescribed by NRS 616.2537 and 616.2539.
Sec. 65. NRS 645.130 is hereby amended to read as follows:
645.130 1. The real estate division may employ, without regard to the provisions of chapter 284 of NRS, legal counsel, investigators and other professional consultants, and, pursuant to the provisions of chapter 284 of NRS, may employ such other employees as are necessary to the discharge of its duties. [Employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
2. No employee of the real estate division [shall] may be interested in any real estate or brokerage firm, nor [shall] may any employee act as a broker or salesman or agent therefor.
Sec. 66. NRS 673.0351 is hereby amended to read as follows:
673.0351 The commissioner: [shall:]
1. [Have] May have had experience in the savings and loan field.
2. [Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
3. Receive] Is entitled to receive the per diem expense allowance and travel expenses as provided in NRS 281.160, including but not limited to expense allowance and travel expenses for attendance at conferences and meetings of the Federal Home Loan Bank, Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation and National Association of Savings and Loan Supervisors.
[4. Devote] 3. Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 67. NRS 703.080 is hereby amended to read as follows:
703.080 The chairman and the other commissioners [shall each receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] are in the unclassified service of the state.
Sec. 68. NRS 703.130 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1286 (CHAPTER 589, SB 714)κ
703.130 1. The commission shall appoint a deputy commissioner who shall serve in the unclassified service of the state.
2. The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.
3. The commission may employ such other clerks, experts or engineers as may be necessary. [Employees in the unclassified service of the state shall receive annual salaries in amounts determined pursuant to the provisions of NRS 284.182.
4. The compensation of the secretary and other employees shall be fixed in accordance with the provisions of chapter 284 of NRS.]
Sec. 69. NRS 706.882 is hereby amended to read as follows:
706.882 1. The governor shall appoint a taxicab administrator from a list of three names submitted to him by the taxicab authority. [, who shall serve] The administrator serves at the pleasure of the governor. The administrator is in the unclassified service of the [State of Nevada and is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] state.
2. The taxicab authority may remove the administrator for good cause shown.
3. The taxicab administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 70. NRS 228.095, 284.182 and 408.165 are hereby repealed.
Sec. 71. Section 2 of chapter 365 of Statutes of Nevada 1981 is hereby amended to read as follows:
Sec. 2. NRS 414.040 is hereby amended to read as follows:
414.040 1. [There] A division of civil defense and disaster assistance is hereby created within the [executive branch of the state government a department of civil defense and disaster assistance called the civil defense and disaster agency, and a director of civil defense and disaster assistance, called the director, who is the head thereof.] department of the military. The director of the division is appointed by and holds office at the pleasure of the governor.
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other [funds] money made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.
3. The director, subject to the direction and control of the [governor, is the executive head of the civil defense and disaster agency and is responsible to the governor for carrying] adjutant general, shall carry out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state [and shall] , maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government [. He has] and carry out such additional [authority, duties, and responsibilities authorized by this chapter] duties as may be prescribed by the [governor.
κ1981 Statutes of Nevada, Page 1287 (CHAPTER 589, SB 714)κ
4. The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.] adjutant general.
Sec. 72. This act shall become effective upon passage and approval and shall operate retroactively, unless otherwise specifically provided, to January 1, 1981.
________
Senate Bill No. 460Committee on Transportation
CHAPTER 590
AN ACT relating to transportation; authorizing the department of transportation to expend certain money to conduct studies of transportation or match federal money for certain projects; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The department may expend money, when authorized by the legislature for expenditure from the interest earned by investment of the state highway fund, to conduct studies of transportation or to match for capital acquisition only, in the proportion designated in the following acts, the sums of money apportioned by the Federal Government to any of the political subdivisions of the state or any private corporation or association in the state under these acts:
1. The Urban Mass Transportation Act (49 U.S.C. §§ 1601 et seq.), which includes the Urban Mass Transportation Act of 1964 (P.L. 88-365) and amendments made by the Federal-Aid Highway Act of 1973 (P.L. 93-87, August 13, 1973), the Surface Transportation Assistance Act of 1978 (P.L. 95-599, November 6, 1978) and any amendments thereto made after July 1, 1981.
2. The Department of Transportation Act (49 U.S.C. §§ 1651 et seq.), which includes the Department of Transportation Act (P.L. 89-670) and amendments made by the Local Rail Service Assistance Act of 1978 (P.L. 95-607, November 8, 1978) and any amendments thereto made after July 1, 1981.
Sec. 2. The department of transportation is authorized to expend from the interest earned by investment of the state highway fund:
1. The sum of $681,924 for the fiscal year 1981-82; and
2. The sum of $681,924 for the fiscal year 1982-83,
for the purposes set forth in section 1 of this act.
________
κ1981 Statutes of Nevada, Page 1288κ
Senate Bill No. 244Senator Wagner
CHAPTER 591
AN ACT relating to property taxes; increasing certain allowances available to senior citizens for the payment of property taxes; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.833 is hereby amended to read as follows:
361.833 1. A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned and maintained as his primary residence the home for at least 6 months immediately preceding the filing of his claim and whose household income is not [over $11,000] more than $12,000 is entitled to an allowance against the property tax accrued against his home to the extent determined by the percentage shown opposite his household income range on the schedule below:
PERCENT TAX
INCOME RANGE Percent of Claimants
If the Amount of Property Tax
Applicants Household But Not Accrued Allowable
Income Is Over Over as Assistance Is
$0 — [$2,999] $4,500 90
[3,000 — 4,999 75]
[5,000] 4,500 — [6,999] 7,000 [50] 75
7,000 — [9,999] 10,000 [25] 50
10,000 — 11,000 [10] 25
11,000 — 12,000 10
2. The amount of the allowance must not exceed the amount of the accrued property tax paid by the claimant or $500, whichever is less.
Sec. 2. NRS 361.835 is hereby amended to read as follows:
361.835 A senior citizen who has rented and maintained his primary residence in a home or on a mobile home lot for at least 6 months of the preceding calendar year and whose household income is not [over $11,000] more than $12,000 is entitled to a refund as determined in accordance with the schedule in NRS 361.833, but only with respect to that portion of his rent which is rent deemed to constitute accrued property tax.
Sec. 3. Notwithstanding the provisions of NRS 361.838, a person who became eligible for an allowance or refund for the fiscal year beginning July 1, 1981, pursuant to NRS 361.833 or 361.835 by reason of this act may file a claim for an allowance or refund on or before June 30, 1981, and the department may act upon it as promptly as practicable.
Sec. 4. Section 3 of this act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1289κ
Senate Bill No. 161Committee on Transportation
CHAPTER 592
AN ACT relating to the department of transportation; authorizing the board of directors to borrow money from financial institutions for short periods; providing that the loan obligation may only be secured by anticipated revenues; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever the legislature is not in session, the board may borrow, with the approval of the state board of examiners, money from financial institutions for short periods to carry out the responsibilities of the department.
2. To secure short-term financing, the board may pledge only revenue which it anticipates the department will receive.
3. The lending institution has no claim against the state, and may recover from the board under the loan agreement only to the extent that the revenues pledged as security for the loan become available.
________
Senate Bill No. 239Committee on Commerce and Labor
CHAPTER 593
AN ACT relating to traditional Oriental medicine; clarifying certain provisions of law; authorizing a fee for the issuance of temporary certificates; prohibiting under certain circumstances representation as a practitioner; providing a penalty; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634A.020 is hereby amended to read as follows:
634A.020 [Unless] As used in this chapter, unless the context otherwise requires [, the words, phrases and derivatives thereof employed in this chapter have the meanings ascribed to them in this section.] :
1. Acupuncture means the insertion of needles into the human body by piercing the skin of the body [, for the purpose of controlling and regulating] to control and regulate the flow and balance of energy in the body [.] and to cure, relieve or palliate:
(a) Any ailment or disease of the mind or body; or
(b) Any wound, bodily injury or deformity.
2. Board means the state board of Oriental medicine.
3. Doctor of acupuncture means a person who [has been] is licensed under the provisions of this chapter to practice the art of healing known as acupuncture.
κ1981 Statutes of Nevada, Page 1290 (CHAPTER 593, SB 239)κ
licensed under the provisions of this chapter to practice the art of healing known as acupuncture.
4. Doctor of herbal medicine means a person who [has been] is licensed under the provisions of this chapter to practice the art of healing known as herbal medicine.
5. Doctor of traditional Oriental medicine means a person who [has been] is licensed under the provisions of this chapter to practice the art of healing through traditional Oriental medicine.
6. Herbal medicine and practice of herbal medicine mean suggesting, recommending, prescribing or directing the use of herbs for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, [fracture,] bodily injury or deformity.
7. Herbs means plants or parts of plants valued for medicinal qualities.
8. Licensed [acupuncture assistant] assistant in acupuncture means a person who assists in the practice of acupuncture under the direct supervision of a person licensed under the provisions of this chapter to practice traditional Oriental medicine or acupuncture.
9. Traditional Oriental medicine means that system of the healing art which places the chief emphasis on the flow and balance of energy in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease. [and] The term includes the practice of acupuncture and herbal medicine.
Sec. 2. NRS 634A.120 is hereby amended to read as follows:
634A.120 1. Examinations [shall] must be given at least twice a year at a time and place fixed by the board.
2. Applicants for licenses to practice acupuncture, herbal medicine and traditional Oriental medicine and to practice as an [acupuncture assistant shall] assistant in acupuncture must be examined in the respectively appropriate subjects as determined by the board.
Sec. 3. NRS 634A.140 is hereby amended to read as follows:
634A.140 The board shall issue [a license for the practice of] separate licenses to practice respectively traditional Oriental medicine [or a license for the practice of acupuncture] , acupuncture or herbal medicine, as appropriate, where the applicant:
1. Has successfully completed a course of study of [48 months in traditional Oriental medicine or 36 months in acupuncture at a college in Hong Kong] :
(a) Four years in traditional Oriental medicine;
(b) Three years in acupuncture; or
(c) Three years in herbal medicine,
at any college or school approved by the board which is located in any country, territory, province or state or has qualifications considered equivalent by the board;
2. Has practiced traditional Oriental medicine [or] , acupuncture or herbal medicine for [10] 6 years; and
3. Passes the examination of the board.
Sec. 4. NRS 634A.150 is hereby amended to read as follows:
634A.150 [An applicant for] The board shall issue a license for [acupuncture assistant shall be issued a license by the board if he:] an assistant in acupuncture where the applicant:
κ1981 Statutes of Nevada, Page 1291 (CHAPTER 593, SB 239)κ
[acupuncture assistant shall be issued a license by the board if he:] an assistant in acupuncture where the applicant:
1. Has successfully completed a course of study in acupuncture in any college or school approved by the board which is located in any country, territory, province or state requiring an attendance of [36 months;] 3 years or other qualifications deemed by the board to be equivalent to the course of study; and
2. [Practiced acupuncture for not less than 3 years; and
3.] Passes the examination of the board for [acupuncture assistant.] assistant in acupuncture or has other qualifications deemed by the board to be the equivalent.
Sec. 5. NRS 634A.160 is hereby amended to read as follows:
634A.160 1. Every license must be displayed in the office, place of business or place of employment of the holder thereof.
2. Every person holding a license shall pay to the board on or before February 1 of each year, the annual registration fee required pursuant to subsection 4. If the holder of a license fails to pay the registration fee his license must be suspended. The license may be reinstated by payment of the required fee within 90 days after February 1.
3. A license which is suspended for more than 3 months under the provisions of subsection 2 may be canceled by the board after 30 days notice to the holder of the license.
4. The annual registration fees must be prescribed by the board and must not exceed the following amounts:
(a) Doctor of traditional Oriental medicine...................................... $500
(b) Doctor of acupuncture................................................................. 500
(c) Doctor of herbal medicine............................................................ 300
(d) Licensed assistant in acupuncture [assistant]......................... 250
Sec. 6. NRS 634A.165 is hereby amended to read as follows:
634A.165 1. The board may prescribe regulations for the issuance of temporary certificates to persons not licensed pursuant to this chapter. A temporary certificate may be issued:
[1.] (a) In connection with a bona fide educational seminar concerning traditional Oriental medicine; or
[2.] (b) For the purpose of authorizing a person to engage in lecturing on or teaching traditional Oriental medicine in this state on a short-term basis.
2. The board may charge a fee for the issuance of a temporary certificate. The fee shall not exceed an amount which adequately reimburses the board for costs incurred in:
(a) Investigating an applicant under this section; and
(b) Monitoring a seminar, if the board deems that action necessary.
Sec. 7. NRS 634A.230 is hereby amended to read as follows:
634A.230 A person who represents himself as a practitioner of traditional Oriental medicine, or any branch thereof, [and] or who engages in the practice of traditional Oriental medicine, or any branch thereof, in this state without holding a valid license issued by the board is guilty of a gross misdemeanor.
________
κ1981 Statutes of Nevada, Page 1292κ
Senate Bill No. 35Committee on Judiciary
CHAPTER 594
AN ACT relating to gaming; revising the definition of offenses; increasing certain penalties; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 465 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. As used in this chapter:
1. Cheat means to alter the selection of criteria which determine:
(a) The result of a game; or
(b) The amount or frequency of payment in a game.
2. The words and terms defined in chapter 463 of NRS have the meanings ascribed to them in that chapter.
Sec. 4. 1. Any person who violates any provision of NRS 465.070 to 465.085, inclusive, shall be punished:
(a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(b) For a second or subsequent violation of any of these provisions, 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. The court shall not suspend a sentence of imprisonment imposed pursuant to this paragraph, or grant probation to the person convicted.
2. Any person who attempts, or two or more persons who conspire, to violate any provision of NRS 465.070 to 465.085, inclusive, each shall be punished by imposing the penalty provided in subsection 1 for the completed crime, whether or not he personally played any gambling game or used any device to cheat or facilitate cheating.
Sec. 5. NRS 465.070 is hereby amended to read as follows:
465.070 [1. Every person in a licensed gaming establishment who, by color, or aid of any trick or sleight-of-hand performance, or by any fraud or fraudulent scheme, cards, dice or device, wins or attempts to win for himself or for another, or unlawfully delivers or attempts to deliver to another any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Every person who entices or induces another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device is being conducted or operated; or while in such place entices or induces another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.]
κ1981 Statutes of Nevada, Page 1293 (CHAPTER 594, SB 35)κ
or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] It is unlawful for any person:
1. To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.
2. To place a bet after acquiring knowledge, not available to all players, of the outcome of the game or other event which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing a bet contingent upon that outcome.
3. To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.
4. Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that such other person play or participate in that gambling game.
Sec. 6. NRS 465.080 is hereby amended to read as follows:
465.080 1. It is unlawful for any licensee, employee or other person [playing any licensed gambling game:
(a) To use bogus or] to use counterfeit chips [, or to substitute and use in any such game cards or dice that have been marked, loaded or tampered with;
(b) To employ or have on his person any cheating device to facilitate cheating in such games; or
(c) To use any fraudulent scheme or technique, including but not limited to purposefully breaking or damaging any part of any slot machine or otherwise causing the machine to malfunction, to facilitate the alignment of any winning combination or the removal of money from the machine.] in a gambling game.
2. It is unlawful for any person, in playing or using any [slot machine] gambling game designed to be played with, receive or be operated by chips or tokens approved by the state gaming control board or by lawful coin of the United States of America:
(a) Knowingly to use other than chips or tokens approved by the state gaming control board or lawful coin, legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in [such slot machine, except that in the playing of any slot machine, it is lawful for any such person to use tokens or similar objects therein which are approved by the state gaming control board;] that gambling game; or
(b) To use any [cheating or thieving] device [, including but not limited to tools, drills, wires, coins attached to strings or wires or electronic or magnetic devices, to unlawfully facilitate aligning any winning combination or removing from any slot machine any money or other contents thereof.] or means to violate the provisions of this chapter.
3. It is unlawful for any person, not a duly authorized employee of a [licensed gaming establishment] licensee acting in furtherance of his employment within such establishment, to have on his person or in his possession [while on the premises of such establishment any cheating or thieving device, including, but not limited to, tools, wires, drills, coins attached to strings or wires, electronic or magnetic devices to facilitate removing from any slot machine any money or other contents thereof.]
κ1981 Statutes of Nevada, Page 1294 (CHAPTER 594, SB 35)κ
possession [while on the premises of such establishment any cheating or thieving device, including, but not limited to, tools, wires, drills, coins attached to strings or wires, electronic or magnetic devices to facilitate removing from any slot machine any money or other contents thereof.] any device intended to be used to violate the provisions of this chapter.
4. It is unlawful for any person, not a duly authorized employee of a [licensed gaming establishment] licensee acting in furtherance of his employment within such establishment, to have on his person or in his possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening [or] , entering or affecting the operation of any [slot machine, or] gambling game, drop box [.
5. Any violator of the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years or by a fine of not more than $10,000, or by both fine and imprisonment.
6. As used in this section, the term slot machine has the meaning ascribed to it in NRS 463.0127.] or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.
5. Possession of more than one of the devices described in this section permits a rebuttable inference that the possessor intended to use them for cheating.
Sec. 7. NRS 465.083 is hereby amended to read as follows:
465.083 [1. It is unlawful:
(a) To conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device; or
(b) To deal, conduct, carry on, operate or expose for play any game or games played with cards, dice or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with, or placed in a condition, or operated in a manner, the result of which:
(1) Tends to deceive the public; or
(2) Tends to alter the normal random selection of criteria which determine the result of the game.
2. The use of marked cards, loaded dice, plugged or tampered-with machines or devices to deceive the public is expressly made unlawful.
3. Any person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] It is unlawful for any person, whether he is an owner or employee of or a player in an establishment, to cheat at any gambling game.
Sec. 8. NRS 465.085 is hereby amended to read as follows:
465.085 1. It is unlawful to manufacture [or sell or to possess with intent to defraud:
(a) Any cheating or thieving game or device;
(b) Any game or games played with cards, dice or any mechanical device;
(c) Any combination of such games or devices; or
(d) Any bogus or counterfeit chip, which may have in any manner been marked or tampered with to deceive the public.
κ1981 Statutes of Nevada, Page 1295 (CHAPTER 594, SB 35)κ
2. Any person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.] , sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of this chapter.
2. It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of this chapter.
Sec. 9. NRS 465.101 is hereby amended to read as follows:
465.101 1. [As used in this section:
(a) Establishment has the meaning ascribed to it in NRS 463.0109.
(b) Licensee has the meaning ascribed to it in NRS 463.0119.
2.] Any licensee, or his officers, employees or agents may question any [individual] person in his establishment suspected of violating any of the provisions of [NRS 465.070 or 465.080.] this chapter. No licensee or his officers, employees or agents is criminally or civilly liable on account of any such questioning.
[3.] 2. Any licensee or his officers, employees or agents who have probable cause for believing that there has been a violation of [NRS 465.070 or 465.080] this chapter in his establishment by any person may take such person into custody and detain him in the establishment in a reasonable manner and for a reasonable length of time. Such a taking into custody and detention does not render [such] the licensee or his officers, employees or agents criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless [such] the taking into custody and detention are unreasonable under all the circumstances.
[4.] 3. No licensee or his officers, employees or agents are entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place in his establishment a notice in boldface type clearly legible and in substantially this form:
Any gaming licensee, or his officers, employees or agents who have probable cause for believing that any person has violated any provision of [NRS 465.070 or 465.080] this chapter prohibiting cheating in gaming may detain such person in the establishment for the purpose of notifying a peace officer.
Sec. 10. 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, on or after March 15, 1955, was or is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
(b) Any person who, before, on 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.
κ1981 Statutes of Nevada, Page 1296 (CHAPTER 594, SB 35)κ
or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person who, before, on 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 [,] to 465.085, 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, on 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 sections.
(d) Any person who, before, on 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.
Sec. 11. NRS 465.030, 465.040, 465.050 and 465.060 are hereby repealed.
Sec. 12. Section 1 of chapter 272, Statutes of Nevada 1981, is amended to read 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, on 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, on 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.
κ1981 Statutes of Nevada, Page 1297 (CHAPTER 594, SB 35)κ
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person [who, before, on 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, 465.070 to 465.085, 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, on 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, on 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.
Sec. 13. This act shall become effective upon passage and approval.
________
Assembly Bill No. 21Assemblymen Hayes, Barengo, Robinson and Prengaman
CHAPTER 595
AN ACT relating to mobile homes; requiring escrow for sales of new and used mobile homes by dealers in mobile homes; providing exemplary damages in certain actions; providing a ground for disciplinary action against those dealers; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 3 to 6, inclusive, of this act, unless the context otherwise requires:
κ1981 Statutes of Nevada, Page 1298 (CHAPTER 595, AB 21)κ
1. Dealer means any person who:
(a) Is engaged wholly or in part in the business of selling mobile homes, or buying or taking them in trade for the purpose of resale, selling, or offering for sale or consignment to be sold or otherwise dealing in mobile homes; or
(b) Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any mobile home,
whether or not the mobile home is owned by that person.
2. Mobile home means a vehicular structure which is:
(a) Built on a permanent chassis;
(b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;
(c) Transportable in one or more sections; and
(d) More than 8 feet in body width and more than 32 feet in body length. Neither the width nor the length includes bay windows, porches, drawbars, couplings, hitches, wall or roof extensions or other attachments.
The term does not include a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon, or drawn by, a motor vehicle.
Sec. 3. Every dealer in mobile homes shall establish an escrow account with an escrow agent or title company licensed to do business in this state when a purchaser signs a purchase order, conditional sales contract or security agreement for a new or used mobile home. The dealer shall as soon as practicable deposit or forward to the escrow account any payment received from the purchaser for the mobile home at any time before its delivery.
Sec. 4. 1. No dealer in mobile homes may:
(a) Accept from the purchaser cash or any check or other equivalent of cash payable to himself or a subsidiary or nominee of himself as whole or partial payment for a mobile home. He may accept for that purpose only a check which is payable to the escrow agent or title company.
(b) Establish an escrow account for the purpose of transacting the sale of a mobile home in an escrow company which is not also a title company if he owns an interest of more than 5 percent in that escrow company.
2. No agreement may contain any provision by which the purchaser agrees to waive or forego any rights or remedies afforded by sections 2 to 6, inclusive, of this act, and any such provision is void as contrary to public policy.
Sec. 4.5. No money which was placed in an escrow account pursuant to section 3 of this act may be released to the dealer until all of the escrow requirements have been satisfied.
Sec. 5. The manufactured housing division of the department of commerce shall adopt regulations concerning the establishment and maintenance of escrow accounts under sections 2 to 6, inclusive, of this act.
Sec. 6. In an action to enforce any right granted under, or to recover damages for any violation of, sections 2 to 6, inclusive, of this act, the prevailing party, in addition to his other damages, may recover exemplary damages.
κ1981 Statutes of Nevada, Page 1299 (CHAPTER 595, AB 21)κ
prevailing party, in addition to his other damages, may recover exemplary damages.
Sec. 7. NRS 489.421 is hereby amended to read as follows:
489.421 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
3. Failure to respond to a notice served by the division as provided by law within the time specified in the notice.
4. Disregarding or violating any of the provisions of sections 2 to 6, inclusive, of this act or any provision of this chapter or any regulation adopted under this chapter.
5. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
6. Conviction of a felony or a crime of moral turpitude in this state or any other state, territory or country.
Sec. 8. NRS 489.721 is hereby amended to read as follows:
489.721 Any dealer who does not have title to a [mobile home or] commercial coach must deposit any money received from the sale of that [mobile home or] commercial coach in a fiduciary account until the sale is completed or terminated.
Sec. 9. This act shall become effective on October 1, 1981.
________
Assembly Bill No. 479Committee on Agriculture
CHAPTER 596
AN ACT relating to the state board of agriculture; adding one member and providing for his qualifications; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 561.045 is hereby amended to read as follows:
561.045 There is hereby created in the state department of agriculture a state board of agriculture composed of [eight] nine members appointed by the governor.
Sec. 2. NRS 561.055 is hereby amended to read as follows:
561.055 1. Three members of the board [shall] must be actively engaged in range or semirange cattle production, one in dairying, one in general farming, one in growing crops which are planted in rows spaced to permit mechanical cultivation, one in beekeeping, one in the control of pests and one in raising nursery stock.
2. No more than two members may be residents of the same county, and the range or semirange cattle production members [shall] must be residents of different counties.
κ1981 Statutes of Nevada, Page 1300 (CHAPTER 596, AB 479)κ
and the range or semirange cattle production members [shall] must be residents of different counties.
Sec. 3. On July 1, 1981, or as soon thereafter as is convenient, the governor shall appoint to the state board of agriculture one additional member qualified under NRS 561.055 as engaged in the control of pests to a term ending October 30, 1983.
________
Assembly Bill No. 587Committee on Ways and Means
CHAPTER 597
AN ACT making an appropriation to the University of Nevada for research on drip irrigation at the agricultural experiment station; and providing other matters properly relating thereto.
[Approved June 6, 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 University of Nevada for research and demonstrations in drip irrigation at the agricultural experiment station:
For the fiscal year 1981-82.................................................... $75,000
For the fiscal year 1982-83.................................................... 75,000
Sec. 2. Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
Assembly Bill No. 572Assemblymen Banner, Thompson, Foley and Jeffrey
CHAPTER 598
AN ACT relating to employment practices; limiting prohibitions against discrimination based upon age to certain ages; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 613.330 is hereby amended to read as follows:
613.330 1. [It] Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any [individual,] person, or otherwise to discriminate against any [individual] person with respect to his compensation, terms, conditions or privileges of employment, because of [such individuals] his race, color, religion, sex, age, physical or visual handicap or national origin; or
κ1981 Statutes of Nevada, Page 1301 (CHAPTER 598, AB 572)κ
because of [such individuals] his race, color, religion, sex, age, physical or visual handicap or national origin; or
(b) To limit, segregate or classify [his] employees in any way which would deprive or tend to deprive any [individual] person of employment opportunities or otherwise adversely affect his status as an employee, because of [such individuals] his race, color, religion, sex, age, physical or visual handicap or national origin.
2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any [individual] person because of his race, color, religion, sex, age, physical or visual handicap or national origin, or to classify or refer for employment any [individual] person on the basis of his race, color, religion, sex, age, physical or visual handicap or national origin.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any [individual] person because of his race, color, religion, sex, age, physical or visual handicap or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any [individual,] person, in any way which would deprive or tend to deprive [any individual] him of employment opportunities, or would limit [such] his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of [such individuals] his race, color, religion, sex, age, physical or visual handicap or national origin; or
(c) To cause or attempt to cause an employer to discriminate against [an individual] any person in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any [individual] person because of his race, color, religion, sex, age, physical or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including a guide [dogs,] dog, by such [physically or visually] a handicapped [individual.] person.
6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit a visually handicapped employee to keep his guide dog with him at all times in his place of employment if [such] the dog is specially trained by a guide dog school approved by the rehabilitation division [.] of the department of human resources.
Sec. 2. NRS 613.350 is hereby amended to read as follows:
613.350 [Notwithstanding any other provisions of NRS 613.310 to 613.420, inclusive:]
1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any [individual,] person, for a labor organization to classify its membership or to classify or refer for employment any [individual,] person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any [individual] person in any such program, on the basis of his religion, sex, age, physical or visual handicap or national origin in those [certain] instances where religion, sex, age, physical or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
κ1981 Statutes of Nevada, Page 1302 (CHAPTER 598, AB 572)κ
person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any [individual] person in any such program, on the basis of his religion, sex, age, physical or visual handicap or national origin in those [certain] instances where religion, sex, age, physical or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. [; and]
2. It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any [individual] person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any [individual] person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any [individual] person in any such program, on the basis of his physical or visual handicap in those [certain] instances where physical or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, [provided] if it is shown that the particular physical or visual handicap would prevent proper performance of the work for which the handicapped [individual] person would otherwise have been hired, classified, referred or prepared under a training or retraining program.
3. It is not an unlawful employment practice for an employer to fail or refuse to hire or to discharge a person, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his age if the person is less than 40 years of age or more than 69 years of age.
4. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if [such] the school [, college, university or other educational institution] or institution [of learning] is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of [such] the school [, college, university or other educational institution] or institution [of learning] is directed toward the propagation of a particular religion.
[4.] 5. It is not an unlawful employment practice for an employer to observe the terms of any bona fide [employee benefit] plan for employees benefits, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.420, inclusive, as they relate to discrimination against [an individual] a person because of age, except that no such [employee benefit] plan [shall excuse] excuses the failure to hire any [individual.] person who is at least 40 years of age but is less than 70 years of age.
________
κ1981 Statutes of Nevada, Page 1303κ
Senate Bill No. 713Committee on Finance
CHAPTER 599
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
1981-82 1982-83
Office of the governor
Comprehensive statewide planning............ $201,791............................................. $213,466
Comprehensive statewide planning — federal ............................................. 273,791 285,466
State comprehensive employment and training office ............................................. 854,559 891,509
State occupational information coordinating committee ............................................. 88,455 91,320
Office of community services....................... 230,850............................................. 251,474
Community development................. 193,500............................................. ------------
Weatherization.................................. 100,000............................................. 115,000
Weatherization — department of energy ............................................. 700,000 805,000
Crisis intervention............................. 5,012,708............................................. 5,675,000
Attorney general
Administration................................................ 1,382,598 1,394,701
Private detectives licensing........................ 40,023 43,282
Crime prevention............................................ 54,000 54,000
Medical malpractice investigative fund...... 13,978............................................. 14,277
Consumers advocate.................................... 425,069............................................. 437,069
Treasurer...................................................................... 34,277 35,598
Department of administration
Hearings division........................................... 3,450............................................. 3,795
Bond interest and redemption...................... 764,995............................................. 762,610
Unemployment compensation..................... 350,000............................................. 350,000
Risk management division............................ 1,400,503............................................. 1,543,225
Clear Creek youth center............................... 127,850............................................. 138,645
Retired employees group insurance............ 259,200............................................. 327,888
Personnel division...................................................... 1,973,226 2,100,625
Intergovernmental personnel....................... 188,628............................................. 191,374
Cooperative personnel services.................. 57,947............................................. 63,829
κ1981 Statutes of Nevada, Page 1304 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Department of general services
Directors office.............................................. $88,964 $94,813
State printing office....................................... 2,342,039............................................. 2,476,753
Records management services........ 337,102............................................. 361,024
Buildings and grounds division.................. 3,413,355............................................. 3,864,718
Telephone.......................................... 2,443,335............................................. 2,581,980
Mail..................................................... 1,147,443 1,255,129
Motor vehicle operations division.............. 1,270,006............................................. 1,261,431
Motor vehicle purchase................................ 225,755............................................. 190,819
Purchasing division....................................... 1,100,987............................................. 1,155,783
Commodity food program................ 430,081............................................. 386,102
Surplus property administration..... 97,260............................................. 92,877
Marlette Lake.................................................. 103,760 106,932
Water treatment plant.................................... 214,630............................................. 229,264
Accounting division...................................... 234,144............................................. 251,506
Nevada Magazine....................................................... 758,835 833,717
Four Corners commission grant............................... 14,688............................................. ------------
Aerial navigation charts............................................ 20,000............................................. 20,000
Department of taxation............................................... 271,724 316,092
Public works inspection............................................. 1,334,914............................................. 891,102
Department of data processing................................ ------------............................................. 173,115
Division of systems and programming....... 2,734,883............................................. 2,908,804
Division of facilities management................ 2,438,550............................................. 2,781,257
Equal employment opportunity grant...................... 159,821............................................. 146,881
Legislative fund
Legal division................................................. 570,944 100,000
Court administrator..................................................... 11,514 12,005
Judicial education....................................................... 84,000 84,000
District judges travel................................................. 1,000 1,000
Public defender........................................................... 399,114 424,888
Department of education
Education: State programs............................ 2,900............................................. 8,800
Support services............................................ 664,589............................................. 706,296
Vocational education..................................... 2,206,541............................................. 2,406,748
School lunch program................................... 6,542,959............................................. 7,100,846
Adult basic education................................... 336,658............................................. 345,215
Higher education student loan.................... 279,859............................................. 304,861
Comprehensive Employment Training Act 563,250............................................. 616,949
Fleischmann scholarships............................ 15,670............................................. ------------
Discretionary grants program...................... 172,839............................................. 179,107
Elementary and Secondary Education Act, Title I ............................................. 5,163,075............................................. 5,219,237
Elementary and Secondary Education Act, Title VI ............................................. 2,734,610............................................. 2,951,979
Elementary and Secondary Education Act, Title V ............................................. 445,942 471,710
Elementary and Secondary Education Act, Title IVB and IVC...................................... 1,328,258............................................. 1,304,446
κ1981 Statutes of Nevada, Page 1305 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Teacher training for handicapped children $146,890............................................. $144,156
Care of handicapped...................................... 44,000............................................. 44,000
Commission on postsecondary authorization........ 48,769............................................. 52,380
University of Nevada System
System administration................................... 136,513............................................. 92,512
Agriculture experiment station..................... 1,017,879............................................. 1,053,643
Cooperative extension service..................... 926,620............................................. 958,168
University of Nevada, Reno......................... 3,259,424............................................. 3,500,922
School of medical sciences........................... 984,063............................................. 1,461,267
System computing center............................. 100,000............................................. 100,000
University of Nevada, Las Vegas................ 2,478,003............................................. 2,597,730
Clark County community college................. 105,000............................................. 105,000
Western Nevada community college.......... 9,500............................................. 9,750
Truckee Meadows community college....... 18,000............................................. 18,500
Northern Nevada community college......... 3,500............................................. 4,000
W.I.C.H.E. loan fund.................................................. 1,387,443 1,093,293
Nevada historical society.......................................... 10,000............................................. 11,000
Nevada state museum................................................ 26,695 26,851
Nevada council on the arts....................................... 377,433............................................. 377,433
Nevada state library................................................... 413,455 454,650
Library cooperation....................................... 10,000............................................. 10,000
Department of human resources
Health planning and resources.................... 323,690............................................. 335,041
Aging services............................................... 3,937,668 3,935,725
Radioactive material disposal....................... 965,615............................................. 1,183,266
Youth services division................................ 37,159............................................. 39,587
Probation subsidies....................................... 174,259............................................. ------------
Northern Nevada childrens home.............. 23,430............................................. 23,430
Southern Nevada childrens home.............. 24,500............................................. 24,500
Nevada youth training center...................... 121,160............................................. 121,160
Youth training center — ESEA, Title I ............................................. 108,000 108,000
Youth training center farm............... 4,500............................................. 1,500
Girls training center........................................ 35,570............................................. 35,570
Girls training center — ESEA, Title I 50,000............................................. 50,000
Health division
Office of the state health officer..... 90,498............................................. 93,105
Silicosis program............................... 120,471............................................. 86,317
Vital statistics.................................... 143,685............................................. 169,116
Dental health...................................... 221,638............................................. 238,838
Bureau of health facilities................ 265,722............................................. 275,668
Family planning................................. 190,072............................................. 190,247
Bureau of laboratory and research. 233,500............................................. 255,700
Womens, infants and childrens food supplement program......... 4,333,144............................................. 4,936,291
κ1981 Statutes of Nevada, Page 1306 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Bureau of maternal and child health ............................................. $834,200............................................. $834,200
Maternal and child health, Title I.... 391,841............................................. 401,826
Bureau of community health services ............................................. 355,623 374,885
Health aid to counties...................... 143,040............................................. 153,040
Venereal disease control.................. 211,513............................................. 236,237
Immunization program...................... 128,045............................................. 140,255
Consumer protection........................ 639,099............................................. 689,376
Improved pregnancy outcome........ 399,987............................................. 400,407
T.B. control........................................ 65,602............................................. 65,844
Drug licensing................................... 60,000............................................. 60,000
Uranium mills licensing.................... 150,000............................................. 150,000
Cancer control registry..................... 45,000............................................. 50,000
Mental hygiene and mental retardation
Nevada mental health institute....... 1,435,035............................................. 1,609,865
Facility for the mental offender....... 2,000............................................. 2,000
Institute land exchange.................... 70,686............................................. ------------
Reno mental health center............... 192,500............................................. 384,400
Childrens behavioral-Washoe....... 329,067............................................. 265,831
Genetics.............................................. 23,750 25,000
Rural clinics........................................ 1,157,954............................................. 1,167,175
Las Vegas mental health center...... 1,008,533............................................. 890,487
Food service center.......................... 477,526............................................. 523,536
Childrens behavioral — Las Vegas. 475,401............................................. 779,988
Henderson mental health center..... 322,700............................................. 404,970
Southern mental retardation services ............................................. 2,997,388............................................. 3,267,734
Northern mental retardation services ............................................. 2,545,788............................................. 2,775,521
Community training centers............ 716,221............................................. 787,913
Foster grandparents program.......... 194,672............................................. 196,564
Resident placement........................... 756,463............................................. 830,245
Community awareness project........ 227,179............................................. 239,266
Retired senior volunteer................... 86,864............................................. 94,606
Senior companions........................... 197,821............................................. 199,683
Welfare division
Child welfare...................................... 1,077,240............................................. 1,230,810
Food stamp program......................... 1,972,233............................................. 1,956,704
Work incentive.................................. 45,000............................................. 45,000
Homemaking services....................... 410,651............................................. 474,092
Child support enforcement.............. 2,430,277............................................. 2,572,394
Purchase of social services............. 9,366,761............................................. 9,568,465
Refugee program............................... 1,959,515............................................. 2,147,432
κ1981 Statutes of Nevada, Page 1307 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Child protection................................. $40,455............................................. $44,246
Day care, Title XX............................. 845,740............................................. 692,849
Rehabilitation division
Administration................................... 784,950............................................. 836,071
Vocational rehabilitation.................. 3,286,400............................................. 3,288,200
Services to the blind......................... 636,603............................................. 636,693
Business enterprise contingency fund ............................................. 402,078 452,204
Social services for the blind............ 141,737............................................. 151,248
Rehabilitation facilities..................... 92,652............................................. 101,917
Alcoholism and drug rehabilitation 1,472,218............................................. 1,282,218
Bureau of disability adjudication.... 1,666,042............................................. 1,796,409
Developmental disabilities............... 250,000............................................. 250,000
Department of the military......................................... 759,326............................................. 842,119
Adjutant general construction fund........... 33,859............................................. 8,795
Civil defense and disaster agency............... 84,912............................................. 87,600
Training grant.................................... 10,500............................................. 12,500
Flood insurance program................. 50,587............................................. 14,308
Hazard preparedness planning....... 92,418............................................. 99,428
Hardware program............................. 100,000............................................. 100,000
Surplus property — national weather service grant ............................................. 31,174 33,643
Personnel and administrative program ............................................. 300,000 330,000
Nevada state prison
Office of the director...................................... 289,718............................................. 301,043
Prison industries............................................ 751,901............................................. 549,249
Prison warehouse fund................................. 2,000,000............................................. 2,000,000
Nevada state prison....................................... 30,226............................................. 32,024
Northern Nevada correctional center.......... 98,039............................................. 98,501
Southern Nevada correctional center......... 14,688............................................. 14,124
Southern desert correctional center............ 13,100............................................. 54,624
Nevada womens correctional center.......... 14,831............................................. 15,293
Offenders store fund.................................... 89,734............................................. 94,328
Prison honor camps....................................... 30,000............................................. 35,000
Northern restitution center........................... 79,645............................................. 86,231
Southern restitution center........................... 90,338............................................. 98,550
Prison dairy..................................................... 274,330 307,099
Prison grant account..................................... 40,681............................................. 34,579
Parole and probation: halfway house...................... 42,346............................................. 123,188
Department of law enforcement assistance
Directors office............................................... 29,716 ------------
Multistate projects......................................... 311,235............................................. 352,594
Criminal law manual....................................... 25,000............................................. 10,000
Other federal grants....................................... 364,499............................................. ------------
κ1981 Statutes of Nevada, Page 1308 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Commerce department
Manufactured housing division............................... $599,242............................................. $549,913
Insurance division
Insurance fraud section................... 165,210............................................. 171,857
National association of insurance commissioners ............................................. 15,000 15,000
Prepaid funeral and cemetery fund. 8,000............................................. 8,500
Self-insurance — workers compensation ............................................. 176,000 178,000
Insurance examiners...................................... 600,000............................................. 600,000
Insurance recovery fund.................. 40,000............................................. 40,000
Insurance education and research. 40,000............................................. 50,000
Consumer affairs............................................ 3,000............................................. 3,000
Disability and advocacy program................ 91,708............................................. 100,707
Fire marshal..................................................... 48,359 51,454
Unclaimed property division........................ 10,000............................................. 10,000
Real estate administration............................. 183,460............................................. 199,795
Time share regulation....................... 58,625............................................. 52,995
Real estate education and research 850,000............................................. 850,000
Real estate recovery......................... 50,000............................................. 50,000
Real estate investigative fund......... 4,000............................................. 4,000
Housing division............................................ 402,875............................................. 428,798
Gaming control board investigative fund............... 1,400,000............................................. 1,450,000
Racing commission..................................................... 14,500 17,000
Racing — Henderson...................................... 441,508............................................. 467,942
Dairy commission....................................................... 575,845 560,026
Public service commission........................................ 3,512,685............................................. 3,545,484
Labor commissioner................................................... 2,000 2,000
Taxicab authority........................................................ 1,610,450 1,793,643
Department of Energy
Administration................................................ 79,315 83,807
Research and development.......................... 297,220............................................. 300,288
Conservation and planning.......................... 641,065............................................. 648,851
Division of Colorado River resources......... 739,599............................................. 704,347
Power and water fund....................... 22,044,200............................................. 24,016,000
Water treatment facility.................... 5,525,000............................................. 4,730,000
Federal pumping and transmission facility ............................................. 10,310,000............................................. 12,370,000
Research and development............. 18,600............................................. 18,050
Fort Mohave development fund..... 126,400............................................. 125,900
Department of conservation and natural resources
Environmental protection............................. 1,048,998............................................. 1,069,294
Division of state lands.................................. 42,350............................................. 42,850
κ1981 Statutes of Nevada, Page 1309 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Division of water planning........................... $346,000............................................. $346,000
Oil and gas commission................................ 16,172............................................. 17,172
Division of historic preservation and archeology ............................................. 632,290 634,985
Comstock historic district commission....... 3,618............................................. 1,000
Division of state parks.................................. 474,025............................................. 484,025
State park planning and development........ 89,104............................................. 88,809
Parks YCC program........................................ 90,000............................................. 90,000
Division of forestry........................................ 630,961............................................. 633,560
Forestry intergovernmental agreement ............................................. 373,468 390,802
Forestry honor camp........................ 80,000............................................. 80,000
Forestry nurseries............................. 87,000............................................. 97,000
Forest fire suppression.................... 100,000............................................. 100,000
Forestry YACC program.................. 29,383............................................. 29,383
Forest and watershed rehabilitation ............................................. 5,000 5,000
Carey Act trust fund...................................... 11,246............................................. 9,625
Conservation districts................................... 200............................................. 200
Department of wildlife................................................ 7,399,893 7,840,871
Boat program.................................................. 695,088 701,283
Department of agriculture
Plant industry fund........................................ 92,212............................................. 86,690
Apiary inspection fund................................. 18,811............................................. 15,811
Agriculture registration and enforcement fund ............................................. 213,463 184,849
Livestock inspection fund............................ 482,325............................................. 491,303
Meat inspection............................................. 5,500 5,500
Insect abatement............................................ 45,000............................................. 45,000
Alfalfa seed research..................................... 17,500............................................. 17,000
Veterinary medical services.......................... 12,000............................................. 12,000
Predatory animal and rodent control....................... 15,000............................................. 15,000
Sheep commission...................................................... 43,177 43,177
Woolgrowers predatory animal control.................. 86,411............................................. 40,286
Grazing boards............................................................ 22,000 22,000
Department of transportation................................... 181,560,978............................................. 189,016,748
Department of motor vehicles
Directors office.............................................. 2,000 ------------
Record search program................................. 910,000............................................. 910,000
Drivers license................................................ 435,000 360,000
Automation division...................................... 34,348............................................. 67,052
Highway patrol special fund........................ 4,497,781............................................. 4,714,697
Highway patrol communication section..... 389,848............................................. 505,834
Motor vehicle pollution control................... 526,735............................................. 535,667
Traffic safety................................................... 333,724 323,767
Traffic safety — federal grants...................... 1,462,500............................................. 1,462,500
κ1981 Statutes of Nevada, Page 1310 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Public employees retirement fund........................... $2,313,772............................................. $2,404,175
Nevada industrial commission.................................. 18,680,638............................................. 20,251,841
Rehabilitation center...................................... 5,104,994............................................. 5,827,824
Employment security department
Unemployment compensation administration ............................................. 18,701,089............................................. 20,055,491
Old-age survivors insurance administration ............................................. 11,215 12,287
Work incentive program............................... 99,000............................................. 82,500
Las Vegas/Clark County CETA................... 947,382............................................. 1,017,440
Washoe County CETA................................. 109,144............................................. 118,670
CETA balance of the state............................ 2,298,601............................................. 2,192,854
Rural housing.............................................................. 215,072 242,507
MX planning............................................................... 1,092,653 1,102,216
Professional and vocational boards
Board of accounting...................................... 156,600............................................. 158,500
Board of architecture..................................... 52,377............................................. 49,700
Board of landscape architects...................... 12,350............................................. 13,000
State barbers health and sanitation board 20,440............................................. 20,440
Board of chiropractic examiners................... 7,690............................................. 7,690
Board of contractors...................................... 772,000............................................. 772,000
Board of cosmetology................................... 122,782............................................. 130,780
Board of dental examiners............................. 153,190............................................. 153,190
Board of registered and professional engineers ............................................. 105,000 120,000
Board of funeral directors and embalmers.. 3,400............................................. 3,400
Board of hearing aid specialists................... 1,000............................................. 1,000
State liquefied petroleum gas board............ 25,714............................................. 25,714
Board of medical examiners.......................... 191,200............................................. 201,100
Board of nursing............................................ 151,321............................................. 157,438
Board of dispensing opticians..................... 1,670............................................. 1,670
Board of optometry........................................ 6,050............................................. 6,050
Board of osteopathy...................................... 500............................................. 500
Board of pharmacy......................................... 292,600............................................. 321,700
Board of physical therapy examiners.......... 4,088............................................. 4,497
Board of Oriental medicine........................... 10,170............................................. 10,170
Board of podiatry........................................... 1,550............................................. 1,550
Board of psychological examiners............... 9,000............................................. 9,000
Board of examiners in veterinary medicine. 24,600............................................. 26,500
Sec. 2. 1. Expenditure of $10,160,784 by the Nevada gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1981, and ending June 30, 1982.
2. Expenditure of $9,994,896 by the Nevada gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1982, and ending June 30, 1983.
κ1981 Statutes of Nevada, Page 1311 (CHAPTER 599, SB 713)κ
from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1982, and ending June 30, 1983.
Sec. 3. The funds authorized to be expended by the provisions of sections 1 and 2 of this act (except the legislative fund and judicial agencies) must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as provided in subsection 2 and limited by section 5, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that funds to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in section 6, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by funds received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the funds from other sources are exceeded, but such decrease must not jeopardize the receipts of such funds as are to be received from other sources.
Sec. 6. The University of Nevada System, with the prior approval of the interim finance committee, may expend any additional fees collected as the result of increased enrollments, in addition to the following amounts for the respective fiscal years:
1981-82 1982-83
University of Nevada, Reno......................... $2,927,640............................................. $3,417,649
University of Nevada, Las Vegas................ 2,825,644............................................. 3,288,887
Clark County community college................. 1,225,500............................................. 1,414,583
Western Nevada community college.......... 352,145............................................. 422,666
κ1981 Statutes of Nevada, Page 1312 (CHAPTER 599, SB 713)κ
1981-82 1982-83
Truckee Meadows community college....... $716,978............................................. $860,176
Northern Nevada community college......... 137,194............................................. 155,661
School of medical sciences........................... 485,435............................................. 487,402
Sec. 7. The department of education may expend, in addition to the amount authorized for administration in chapter 623, Statutes of Nevada 1979, the sum of $5,370 for payment of rent during the fiscal year ending June 30, 1981.
Sec. 8. If the canvass of votes for the 1982 general election shows that the number of votes in favor of the initiative petition to create a division of consumer advocacy in the office of the attorney general was greater than the number of votes in favor of Assembly Bill No. 473 of the 61st session of the legislature, the uncommitted portion of the authorization contained in this act for the consumers advocate in the office of the attorney general is transferred to the division of consumer advocacy created by the initiative petition.
Sec. 9. Section 7 of this act shall become effective upon passage and approval.
________
Senate Bill No. 324Senator Bilbray
CHAPTER 600
AN ACT relating to boards of trustees of school districts; increasing the salaries of the clerk, president and other trustees in certain districts; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 386.320 is hereby amended to read as follows:
386.320 1. If the total pupil enrollment in the school district for the immediately preceding school year is less than 1,000:
(a) The clerk and president of the board of trustees may each receive a salary of $20 for each board of trustees meeting they attend, not to exceed $40 a month.
(b) The other trustees may each receive a salary of $15 for each board of trustees meeting they attend, not to exceed $30 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and such stenographer may be paid a reasonable fee for each meeting attended.
2. If the total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:
(a) The clerk and president of the board of trustees may each receive a salary of [$40] $55 for each board of trustees meeting they attend, not to exceed [$160] $220 a month.
(b) The other trustees may each receive a salary of [$35] $50 for each board of trustees meeting they attend, not to exceed [$140] $200 a month.
κ1981 Statutes of Nevada, Page 1313 (CHAPTER 600, SB 324)κ
each board of trustees meeting they attend, not to exceed [$140] $200 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees; and [such] this stenographer may be paid a reasonable fee for each meeting attended.
________
Senate Bill No. 686Committee on Commerce and Labor
CHAPTER 601
AN ACT relating to financial organizations; raising the limits for certain loans; revising procedures for appeal from decisions of the commissioner of savings associations; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645B.130 is hereby amended to read as follows:
645B.130 1. An appeal may be taken by any person interested from any final decision of the commissioner to the district court in the county in which the party adversely affected by the decision resides or has his place of business by serving upon the commissioner within 10 days after notice of the entry of the order a written notice of the appeal, stating the grounds upon which a reversal of the final order is sought and accompanied by a demand in writing for a certified transcript of the record and of all papers on file in the office of the commissioner affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof. The commissioner shall within 30 days make and certify such a transcript.
2. The appellant shall, within 5 days after receiving the transcript, file [the transcript and the notice of appeal] with the clerk of the court: [, which notice of appeal shall stand as appellants complaint. Thereupon the cause shall be entered on the trial calendar of the court for trial de novo and shall be given precedence by the court over other matters pending except criminal cases.]
(a) The transcript and the notice of appeal; and
(b) A petition for review of the commissioners decision, setting forth in specific detail the grounds for the appeal, including any errors which the appellant contends were made by the commissioner at the administrative hearing.
3. [The court shall receive and consider any pertinent evidence, oral or documentary, concerning the order of the commissioner from which the appeal is taken.
4.] An appeal from an order of the commissioner shall be treated as a proceeding in equity. In the proceeding before the court, the appellant has the burden of proof.
κ1981 Statutes of Nevada, Page 1314 (CHAPTER 601, SB 686)κ
[5.] 4. Any order of the commissioner which finally limits or adversely determines the rights of any interested person is a [final order as to such] final administrative decision as to that person.
Sec. 2. NRS 673.050 is hereby amended to read as follows:
673.050 [Nothing in this chapter prevents an association or] A person affected by any order, ruling, proceeding, act or action of the commissioner or any person acting on his behalf or at his instance, or the director or any person acting on his behalf and at his instance, [from testing] may test 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. NRS 673.112 is hereby amended to read as follows:
673.112 1. A branch office is a legally established place of business of an association, other than the home office, which is authorized by the board of directors and approved by the commissioner [,] and at which any [and all association] of the associations business may be conducted.
2. All branch offices [shall be] are subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the commissioner. Each application for approval of the establishment and maintenance of a branch office [shall:] must:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) Be accompanied by a fee of $250, no part of which [shall] may be refunded.
(c) Be accompanied by a budget of the association for the current semiannual period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of such branch office.
4. After receipt of an application the commissioner shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any properly conducted existing association in the community where [such] the branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. [Prior to the] Before issuance of a charter for a branch office, the commissioner shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such a written protest, the commissioner shall fix a date for a hearing upon the protest. [, which hearing shall] The hearing must be held not earlier than 60 days nor more than 90 days [from] after the date of receipt of written notice by registered or certified mail by the parties.
6. If the commissioner finds that no undue injury is likely to result, that the establishment and maintenance of such branch office is advisable and will serve the public interest, he may approve the application.
κ1981 Statutes of Nevada, Page 1315 (CHAPTER 601, SB 686)κ
7. Approval of an associations application for a branch office charter permits [such] the association to establish an operating office in [either] a temporary or a permanent building, if [such] the building is placed on or erected at the approved location within [6] 12 months [of such] after the approval.
8. For good cause and after notice to the association, the commissioner may revoke his approval for the maintenance of a branch office. Failure to establish a branch office in the manner and within the time permitted under this section constitutes a good cause for revocation, unless a prior, written request for a waiver of the time limitation is sought by the association and an extension, in writing, is granted by the commissioner. [Any such revocation may be appealed by the association pursuant to the provisions of NRS 673.047.]
9. An association which maintains one or more branch offices shall give each branch office a specific designation by name and include in the designation the word branch and shall prominently display the designation at the place of business of the branch. When an association is operating a branch office, [or offices,] all advertising of or by any such branch office [shall] must state clearly the location of the principal office of [such] the association.
Sec. 4. NRS 673.328 is hereby amended to read as follows:
673.328 An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed 30 percent of the associations assets:
1. Residential loans in excess of the greater of:
(a) One-half of 1 percent of the associations assets; or
(b) Eighty thousand dollars, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding $80,000 to each home or combination of home and business property and residential property which is part of the security.
2. Loans on improved real property other than homes or combination homes and business property and residential property.
3. Loans on improved real property located outside the regular lending area of the association unless such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage loans, except construction loans.
5. Loans on one-family, owner-occupied homes, in an amount between 80 percent and 90 percent, inclusive, of the value, if:
(a) Impounds are collected for taxes and insurance.
(b) The association has made or obtained, [prior to the] before approval of the loan, a written report on the credit standing of the borrower, showing the financial ability of the borrower to undertake and pay off the obligation involved in the loan.
(c) The association has obtained, [prior to] before approval of the loan, a certification in writing to the association stating:
κ1981 Statutes of Nevada, Page 1316 (CHAPTER 601, SB 686)κ
(1) The purpose for which the loan is sought and, if for the purpose of enabling the borrower to purchase the security property, the name of the vendor or vendors, and the purchase price;
(2) That there will be no liens upon such property other than the lien of the association; and
(3) That the borrower is actually occupying the property as a dwelling or that the borrower in good faith intends to do so.
(d) The loan does not exceed [$75,000,] $93,750, 90 percent of the value of the real property securing the loan or 90 percent of the purchase price of the property, whichever is the lowest.
(e) If the loan is sought to finance the construction of a single-family dwelling, [the amount of such] such an amount of the loan as exceeds 80 percent of the appraised value must not be disbursed until construction has been fully completed.
(f) Loans granted under this [chapter] section will be repayable monthly within [30] 40 years.
(g) The record of each such loan must show the date and amount of the appraisal on which the loan was made and the date of approval of the loan by the board of directors or the loan committee.
6. Subsection 5 does not apply to:
(a) Home loans in excess of [80] 90 percent of value up to 95 percent of value if the excess over [80] 90 percent is insured by a private insurer approved by the Federal Home Loan Mortgage Corporation, except that such insured loans in excess of 90 percent of value must not exceed [$60,000.] $93,750.
(b) Home loans in excess of 80 percent of value if the excess over 80 percent is insured or guaranteed by an agency or instrumentality of the Federal Government or a state whose full faith and credit is pledged to the support of the insurance or guarantee.
Sec. 5. NRS 673.4845 is hereby amended to read as follows:
673.4845 1. An association may reorganize, merge or consolidate with another state or federal association, if the reorganization, merger or consolidation is based upon a plan which has been adopted by the board of directors and approved at a regular or special stockholders meeting which has been called to consider the action. Such an approval must rest on a favorable vote of a majority of the voting power of the association as established by its articles.
2. Any such plan for reorganization, merger or consolidation must be approved by the commissioner, who shall satisfy himself that the plan, if approved, would be equitable for the stockholders of the affected association or associations and would not impair the usefulness or success of other properly conducted associations in the community. In submitting an application for approval of any such plan, each association proposing to reorganize, merge or consolidate [shall] must provide a comprehensive review of its present financial statement and a projected view of the financial statement of the reorganized, merged or consolidated association.
3. Unless [such] its action is specifically authorized by or taken in conformity with this chapter, no association may, directly or indirectly:
(a) Reorganize, merge or consolidate.
κ1981 Statutes of Nevada, Page 1317 (CHAPTER 601, SB 686)κ
(b) Assume liability to pay savings accounts or other liabilities of any financial institution or any other organization, person or entity.
(c) Transfer assets to any financial institution or any other organization, person or entity in consideration of the transferees assumption of liability for any portion of the transferrors savings accounts, deposits or other liability.
(d) Acquire the assets of any financial institution or any other organization, person or entity.
4. [Any association aggrieved by any action or position taken by the commissioner under this section may appeal such action or position to the director in the manner provided by NRS 673.047.
5.] Each application which is made under this section [shall] must be accompanied by a fee payment of $150. The responsibility for payment of the fee [shall] must be shared equally by the associations participating in each proposed plan.
Sec. 6. NRS 673.047 is hereby repealed.
________
Assembly Bill No. 29Assemblymen Dini, Jeffrey and Schofield
CHAPTER 602
AN ACT relating to planned unit developments; providing that tentative and final maps of planned unit developments be reviewed by appropriate state agencies for water quantity, sewage disposal, water pollution, water quality and water supply facilities; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278A.450 is hereby amended to read as follows:
278A.450 [The application for tentative approval shall be filed by the landowner in such form, upon the payment of the fee and with such official of the city or county as shall be designated in the ordinance enacted pursuant to this chapter.]
1. The ordinance enacted pursuant to this chapter must designate the form of the application for tentative approval, the fee for filing the application and the official of the city or county with whom the application is to be filed.
2. The application for tentative approval must include a tentative map. Tentative approval may not be granted pursuant to NRS 278A.490 until the tentative map has been submitted for review and comment by the agencies specified in NRS 278.335.
Sec. 2. NRS 278A.530 is hereby amended to read as follows:
278A.530 1. An application for final approval may be for all the land included in a plan or to the extent set forth in the tentative approval for a section thereof. [Such application shall] The application must be made to the city or county within the time specified by the minutes granting tentative approval.
κ1981 Statutes of Nevada, Page 1318 (CHAPTER 602, AB 29)κ
2. The application [shall] must include such drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth in the minutes at the time of the tentative approval [.] and a final map.
3. A public hearing on an application for final approval of the plan, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval.
Sec. 3. NRS 278A.570 is hereby amended to read as follows:
278A.570 1. A plan, or any part thereof, which has been given final approval by the city or county, [shall] must be certified without delay by the city or county and [shall be] filed of record in the office of the appropriate county recorder before any development [shall take place] occurs in accordance therewith. A county recorder shall not file for record any final plan unless it includes a final map and:
(a) The same certificates of approval as are required under NRS 278.377; or
(b) Evidence that the approvals were requested more than 30 days before the date on which the request for filing is made, and that the agency has not refused its approval.
2. [Upon recording pursuant to subsection 1,] After the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan [shall] cease to [be of any further force and effect.] apply.
3. Pending completion of [such] the planned unit [residential] development, or of [that] the part [thereof] that has been finally approved, no modification of the provisions of [such] the plan, or any part [thereof as] finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of the landowner.
4. The county recorder shall collect a fee of $50, plus 50 cents per lot or unit mapped, for the recording or filing of any final map, plat or plan. The fee [shall] must be deposited in the general fund of the county where it is collected.
Sec. 4. Sections 25 and 31 of chapter 53, Statutes of Nevada 1981, are hereby repealed.
Sec. 5. This act does not apply to any plan for a planned unit residential development which was tentatively approved by a city or county before the effective date of this act.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1319κ
Senate Bill No. 485Committee on Government Affairs
CHAPTER 603
AN ACT relating to the state personnel system; clarifying the term continuous as used in the plan to encourage continuity of service; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.177 is hereby amended to read as follows:
284.177 1. A plan to encourage continuity of service, administered by the personnel division is hereby established for employees with 8 years or more of continuous state service. Employees rated standard or better with 8 years of continuous service are entitled to receive $75 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum of 20 years of continuous state service.
2. An interruption in continuous state service terminates the employees eligibility for additional pay pursuant to subsection 1.
3. Except as provided in this subsection, no year served before the interruption may be counted in determining the employees subsequent eligibility. This provision does not apply to an employee who was employed before July 1, 1981, unless he leaves state service after that date.
4. As used in [subsection 1,] this section, continuous [] service means uninterrupted service as defined by the commission.
________
Senate Bill No. 521Committee on Commerce and Labor
CHAPTER 604
AN ACT relating to insurance; providing for the regulation of insurance for home protection; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 681A.020 is hereby amended to read as follows:
681A.020 1. Casualty insurance includes:
(a) Vehicle insurance. Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability or expense resulting from or incidental to ownership, maintenance or use of any such vehicle, aircraft or animal, together with insurance against accidental injury to [individuals,] natural persons, irrespective of legal liability of the insured, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft or draft or riding animal, if such insurance is issued as an incidental part of insurance on the vehicle, aircraft or draft or riding animal.
κ1981 Statutes of Nevada, Page 1320 (CHAPTER 604, SB 521)κ
alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft or draft or riding animal, if such insurance is issued as an incidental part of insurance on the vehicle, aircraft or draft or riding animal.
(b) Liability insurance. Insurance against legal liability for the death, injury or disability of any human being, or for damage to property, including liability resulting from negligence in rendering expert, fiduciary or professional services; and provisions of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance.
(c) Workmens compensation and employers liability. Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or injury of employees.
(d) Burglary and theft. Insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation, or wrongful conversion, disposal or concealment, or from any attempt at any of the foregoing, including supplemental coverage for medical, hospital, surgical and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery or theft by another, and also, insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances or any other valuable papers and documents, resulting from any cause.
(e) Personal property floater. Insurance upon personal effects against loss or damage from any cause.
(f) Glass. Insurance against loss or damage to glass, including its lettering, ornamentation and fittings.
(g) Boiler and machinery. Insurance against any liability and loss or damage to property or interest resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery and apparatus of any kind, whether or not insured.
(h) Leakage and fire extinguishing equipment. Insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings, and insurance against loss or damage to such sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus.
(i) Credit and mortgage guaranty. Insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured, and insurance of real property mortgage lenders against loss by reason of nonpayment of the mortgage indebtedness.
(j) Elevator. Insurance against loss of or damage to any property of the insured, resulting from the ownership, maintenance or use of elevators, except loss or damage by fire, and to make inspection of and issue certificates of inspection upon, elevators.
(k) Congenital defects. Insurance against congenital defects in human beings.
κ1981 Statutes of Nevada, Page 1321 (CHAPTER 604, SB 521)κ
(l) Livestock. Insurance against loss or damage to livestock, and services of a veterinary for such animals.
(m) Entertainments. Insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event or exhibition against loss from interruption, postponement or cancellation thereof due to death, accidental injury or sickness of performers, participants, directors or other principals.
(n) Miscellaneous. Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other kind of insurance as defined in this chapter, if such insurance is not disapproved by the commissioner as being contrary to law or public policy [.] , including insurance for home protection issued pursuant to sections 3 to 11, inclusive, of this act.
2. Provision of medical, hospital, surgical and funeral benefits, and of coverage against accidental death or injury, as incidental to and part of other insurance as stated under paragraphs (a) (vehicle), (b) (liability), (d) (burglary), (g) (boiler and machinery), and (j) (elevator) of subsection 1 shall for all purposes be deemed to be the same kind of insurance to which it is so incidental, and [shall not be] is not subject to provisions of this code applicable to life and health insurances.
Sec. 2. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 11, inclusive, of this act.
Sec. 3. As used in sections 3 to 11, inclusive, of this act, unless the context otherwise requires:
1. Home means a structure used primarily for residential purposes and includes a single-family dwelling, a unit in a multiple-family structure and a mobile home.
2. Insurance for home protection means a contract of insurance, which affords coverage over a specified term for a predetermined fee, under which a person, other than the manufacturer, builder, seller or lessor of the home, agrees to repair, replace or indemnify from the cost of repair or replacement based upon the failure of any structure, component, system or appliance of the home. The term does not include a contract which insures against any consequential losses caused by the defects or failures.
Sec. 4. 1. Except as provided in subsection 2, an insurer who issues policies of insurance for home protection, other than casualty insurance, shall deposit, in accordance with chapter 682B of NRS, securities having a market value of not less than $20,000, unless he furnishes evidence satisfactory to the commissioner of maintaining a deposit of not less than that amount which complies with the requirements of his state of domicile and is held for the protection of all holders of insurance contracts.
2. In lieu of the deposit of securities, the insurer may post with the commissioner a surety bond of not less than $20,000 executed by an insurer who has a valid certificate of authority issued by the commissioner.
3. The insurer shall maintain:
(a) Unimpaired paid-in capital stock or unimpaired basis surplus, or a combination thereof, in an amount not less than 10 percent of the amount charged as premiums for insurance currently in effect, but not less than $20,000, nor more than is required by NRS 680A.120 for a certificate of authority.
κ1981 Statutes of Nevada, Page 1322 (CHAPTER 604, SB 521)κ
combination thereof, in an amount not less than 10 percent of the amount charged as premiums for insurance currently in effect, but not less than $20,000, nor more than is required by NRS 680A.120 for a certificate of authority.
(b) A reserve for unearned premiums, unpaid losses and expenses incurred in connection with loss adjustments in an amount not less than 40 percent of the amount charged as premiums for insurance currently in force.
Sec. 5. An insurer who issues policies of insurance for home protection, other than casualty insurance, may make investments in tangible personal property for use in fulfilling its obligations to repair or replace components, systems or appliances of the home under its contracts of insurance for home protection, in an amount not to exceed 25 percent of its assets, as determined pursuant to NRS 681B.010, unless the commissioner, whenever he deems it appropriate, waives this limitation by regulation.
Sec. 6. An insurer who issues policies of insurance for home protection, other than casualty insurance, shall file the annual statement required by NRS 680A.270 in the form prescribed by the commissioner. The statement may cover a 12-month period other than a calendar year. If it does, it must be filed within 90 days after the end of the period. The period covered by the statement may not be changed without the consent of the commissioner.
Sec. 7. An insurer who issues policies of insurance for home protection, other than casualty insurance, shall not:
1. Engage in any business other than the furnishing of insurance for home protection.
2. Assume reinsurance from any other insurer.
Sec. 8. 1. A contract of insurance for home protection must specify:
(a) The structures, components, systems and appliances covered by the provisions of the contract.
(b) Any exclusions from and limitations on coverage.
(c) The period during which the contract will be in effect, and the renewal terms, if any.
(d) The services to be performed by the insurer and the terms and conditions of his performance.
(e) The service fee or deductible charge, if any, to be charged for his services.
(f) All limitations regarding the performance of services, including any restrictions as to the time during or geographical area within which services may be requested or will be performed.
(g) That services will be performed upon a telephoned request to the insurer without any requirement that claim forms or applications be filed before the performance of service.
(h) That services will be initiated by or under the direction of the insurer within 48 hours after proper request is made for services.
(i) Other conditions and provisions pertaining to the coverage as required by the insurance laws of this state or regulations adopted by the commissioner.
2. Insurance for home protection may not be canceled during the term for which it is issued, except:
κ1981 Statutes of Nevada, Page 1323 (CHAPTER 604, SB 521)κ
(a) For nonpayment of the fee for the contract.
(b) For fraud or misrepresentation of facts material to the issuance or renewal of the contract.
(c) Insurance which provides coverage before the home is sold if the sale is not made. The cancellation must be made in accordance with the contract provisions.
3. Insurance for home protection is not renewable unless its terms provide otherwise.
Sec. 9. The commissioner may adopt reasonable regulations regarding the content of contracts of insurance for home protection to protect the interests of persons affected by the provisions of those contracts. The regulations may not extend to specifying the structures, components, systems or appliances which must be covered by insurance for home protection, except to the extent necessary to:
1. Obtain fairness in the exclusions from the coverage provided; or
2. Avoid illusory coverage caused by the nature or extent of the coverage exclusions.
Sec. 10. A person who sells insurance for home protection on behalf of an insurer who issues policies of casualty insurance or insurance for home protection is exempted from the provisions of chapter 683A which require him to be licensed as an agent, broker or solicitor if:
1. His sales activity is conducted pursuant to a written contract with the insurer which regulates his activity.
2. He holds a valid brokers, broker-salesmans or salesmans license issued pursuant to chapter 645 of NRS.
Sec. 11. 1. Except as provided in subsection 2 and sections 3 to 10, inclusive, of this act, insurance for home protection is subject to all applicable provisions of this code.
2. The provisions of chapters 687A and 692C do not apply to insurance for home protection.
Sec. 12. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission may take action pursuant to NRS 645.630 against any person selling insurance for home protection, as defined in section 3 of this act, under the authority of a license issued pursuant to this chapter who:
1. Makes a misrepresentation in the sale of insurance for home protection.
2. Misrepresents the provisions of the contract of insurance for home protection.
3. Misappropriates any fees or premiums collected for the insurance for home protection.
________
κ1981 Statutes of Nevada, Page 1324κ
Senate Bill No. 539Committee on Commerce and Labor
CHAPTER 605
AN ACT relating to insurance; distinguishing between administrators and adjusters; clarifying the status of other employees; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 683A.025 is hereby amended to read as follows:
683A.025 Except as limited by this section, administrator means a person who collects charges or premiums from or who adjusts or settles claims of residents of this state in connection with life or health insurance coverage or annuities, or who administers a trust under NRS 287.010. Administrator does not include:
1. An employee authorized to act on behalf of an administrator who holds a certificate of registration from the commissioner.
2. An employer acting on behalf of his employees or the employees of a subsidiary or affiliated concern.
[2.] 3. A labor union acting on behalf of its members.
[3.] 4. An insurance company licensed to do business in this state or acting as an insurer with respect to a policy lawfully issued and delivered in a state in which the insurer was authorized to do business.
[4.] 5. A life or health insurance agent or broker licensed in this state, when his activities are limited to the sale of insurance.
[5.] 6. A creditor acting on behalf of his debtors with respect to insurance covering a debt between the creditor and debtor.
[6.] 7. A trust and its trustees, agents and employees acting for it, if the trust was established under the provisions of 29 U.S.C. § 186.
[7.] 8. A trust which is exempt from taxation under Section 501(a) of the Internal Revenue Code, its trustees and employees, and a custodian, his agents and employees acting under a custodial account which meets the requirements of Section 401(f) of the Internal Revenue Code.
[8.] 9. A bank, credit union or other financial institution which is subject to supervision by federal or state banking authorities.
[9.] 10. A company which issues credit cards, and which advances for and collects premiums or charges from credit card holders who have authorized it to do so, if the company does not adjust or settle claims.
[10.] 11. An attorney at law who adjusts or settles claims in the normal course of his practice or employment, but who does not collect charges or premiums in connection with life or health insurance coverage or with annuities.
Sec. 2. NRS 683A.085 is hereby amended to read as follows:
683A.085 1. No person may act as an administrator, or hold himself out to the public as an administrator, unless he has [:
(a) Obtained] obtained a certificate of registration as an administrator from the commissioner. [; or
(b) Obtained a license to act as an adjuster for the types of insurance for which he is acting as an adjuster.]
κ1981 Statutes of Nevada, Page 1325 (CHAPTER 605, SB 539)κ
2. A certificate [shall] must be issued to an applicant who has made written application therefor, giving any information which the commissioner reasonably requires, and has paid the required fee, unless the commissioner has determined, after notice and hearing, that the applicant is not competent, trustworthy, financially responsible or of good personal and business reputation.
3. No certificate may be issued to any person who, within the 5 years immediately preceding his application, has had an insurance license revoked or an application denied for cause.
4. The commissioner may revoke or suspend the certificate of any administrator if he finds, after notice and hearing, that he administrator has violated any provision of this Title or any regulation [promulgated thereunder.] adopted under it.
________
Senate Bill No. 557Committee on Commerce and Labor
CHAPTER 606
AN ACT relating to alien insurers; increasing and prolonging the required trust fund; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 685A.070 is hereby amended to read as follows:
685A.070 1. A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible under this section.
2. No insurer is eligible for the acceptance of surplus lines risks under this chapter unless it has [a] surplus as to policyholders not less in amount than that required of a like domestic insurer formed under this code and transacting the same kind or kinds of insurance, and, if an alien insured, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established under terms reasonably adequate for the protection of all of its policyholders in the United States of America in an amount of not less than [$1,000,000.] $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of a group of individual unincorporated insurers, such a trust fund must be not less than $50,000,000. The commissioner may require larger trust funds than those set forth above if in his judgment the volume of business being transacted or proposed to be transacted warrants larger amounts.
3. No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.
κ1981 Statutes of Nevada, Page 1326 (CHAPTER 606, SB 557)κ
4. The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer; and the status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.
Sec. 2. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Assembly Bill No. 396Assemblymen Rusk, Kovacs, Redelsperger, Jeffrey, DuBois, Rackley, Craddock, Foley, Bennett, Dini, Chaney, Cafferata, Bergevin, Prengaman, Price, Nicholas, Westall, Vergiels, Brady and Barengo
CHAPTER 607
AN ACT relating to public high schools; requiring that instruction be given concerning the American system of free enterprise; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 389.080 is hereby amended to read as follows:
389.080 [All teachers in the public schools of this state shall teach, in their respective schools, lessons on the subject of thrift. The lessons shall emphasize:
1. The importance of industry, production, earning, wise spending, regular savings, safe investment and government taxes.
2. The importance of thrift in time and material.]
1. The economics of the American system of free enterprise must be taught in all of the public high schools in this state.
2. The lessons must:
(a) Emphasize the benefits of free enterprise as compared to other economic systems;
(b) Teach the principles of the profit motive and competition and the way in which investments generate progress and growth in the economy;
(c) Introduce pupils to the principles of owning and operating a small business; and
(d) Provide instruction in personal finance, including the services available from financial institutions and the methods of obtaining and using those services.
3. Administrators and teachers who are charged with providing the instruction required by this section may communicate with persons in the community who are engaged in business, and with labor organizations, chambers of commerce and other service organizations to obtain speakers and other assistance in carrying out the requirements of this section.
κ1981 Statutes of Nevada, Page 1327 (CHAPTER 607, AB 396)κ
chambers of commerce and other service organizations to obtain speakers and other assistance in carrying out the requirements of this section.
4. The superintendent of each school district in this state shall determine the manner in which the instruction required by this section will be provided in the high schools of his school district.
________
Assembly Bill No. 579Committee on Commerce
CHAPTER 608
AN ACT relating to real estate brokers and salesmen; making various administrative changes to the law governing those brokers and salesmen; providing a penalty; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.030 is hereby amended to read as follows:
645.030 1. Within the meaning of this chapter, a real estate broker is any person who, for another and for compensation or with the intention or expectation of receiving compensation:
(a) Sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any real estate or the improvements thereon or any modular homes or other housing [, including used mobile homes,] offered or conveyed with any interest in real estate; or
(b) Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.
2. Any person who, for another and for compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands is a real estate broker within the meaning of this chapter.
3. A real estate broker is an employer for the purpose of providing coverage for industrial insurance and occupational diseases, and shall submit proof of coverage under chapters 616 and 617 of NRS for himself and any broker-saleman or salesman associated with him who has not agreed to pay premiums directly, in order to obtain or renew a license.
4. A broker who is a natural person is an employee for the purposes of industrial insurance and occupational disease coverage.
5. A broker may agree with any broker-salesman or salesman with whom the broker is associated for the direct payment of premiums by the broker-salesman or salesman for coverage under the provisions of chapters 616 and 617 of NRS.
κ1981 Statutes of Nevada, Page 1328 (CHAPTER 608, AB 579)κ
Sec. 2. NRS 645.100 is hereby amended to read as follows:
645.100 1. At least two members of the commission [shall] must be residents of the [eastern] southern district of Nevada, and at least two members of the commission [shall] must be residents of the [western] northern district of Nevada.
2. Not more than two members [shall] may be appointed from any one county.
3. The [eastern district shall consist] southern district consists of all that portion of the [State of Nevada] state lying within the boundaries of the counties of Clark, [Elko, Eureka, Lander, Lincoln, Nye and White Pine.] Esmeralda, Lincoln and Nye.
4. The [western district shall consist] northern district consists of all that portion of the [State of Nevada] state lying within the boundaries of Carson City and the counties of Churchill, Douglas, [Esmeralda, Humboldt,] Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, [and] Washoe [.] and White Pine.
Sec. 3. NRS 645.240 is hereby amended to read as follows:
645.240 1. The provisions of this chapter do not apply to, and the terms real estate broker and real estate salesman do not include, any person who, as owner or lessor, performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where those acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For purposes of this subsection management means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. Management does not include sales activities.
2. The provisions of this chapter do not apply to:
(a) [Persons acting as attorney in fact under an executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing or exchange of real estate.
(b)] Any bank, trust company, building and loan association, or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers.
[(c)] (b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.
[3. This chapter does not apply to:
(a) In any way, the]
(c) The services rendered by an attorney at law in the performance of his duties as [such] an attorney at law.
[(b) While acting as such, a]
(d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.
[(c)] (e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
κ1981 Statutes of Nevada, Page 1329 (CHAPTER 608, AB 579)κ
[(d)] (f) The purchase, sale or locating of mining claims or options thereon or interests therein.
Sec. 4. NRS 645.420 is hereby amended to read as follows:
645.420 1. Except as provided in subsection 2, all applications for licenses as real estate brokers, broker-salesmen or real estate salesmen [shall] must be acted upon by the real estate division within 30 days from the date of the written examination, as provided and scheduled in NRS 645.450, next following the filing of applications therefor. No license may be issued by the real estate division until the application therefor has been approved by the commission.
2. All applications for licenses as real estate brokers where the applicant takes the written examination [prior to] before meeting the experience requirements of subsection 3 of NRS 645.330 [shall] must be acted upon by the real estate division within 30 days from the date the applicant furnishes proof satisfactory to the division that all the requirements of this chapter have been met.
3. If in the opinion of the real estate division additional investigation of the applicant appears necessary, the real estate division may extend the 30-day period and may make such additional investigation as is necessary or desirable [prior to] before acting on the applicants application.
4. The burden of proof [shall in every respect be upon] is on the applicant to establish to the satisfaction of the real estate division that he is qualified to receive a license.
5. The division shall notify each applicant in writing of his passing or failing the examination.
6. The division, upon the discovery of any error in the issuance of a license which is related to the qualification or fitness of the licensee, may invalidate the license. The division shall promptly notify the licensee, in writing, of the invalidation and the licensee shall surrender the license to the division within 20 days after notice is sent by the division. A licensee whose license is invalidated under this subsection and is surrendered within the time specified is entitled to a hearing as for a denial of application in accordance with the provisions of NRS 645.440.
Sec. 5. NRS 645.680 is hereby amended to read as follows:
645.680 1. The procedure set forth in this section and NRS 645.690 must be followed before the revocation or suspension of any license.
2. Upon a complaint being initiated by the administrator, the matter must be set for a hearing by the administrator, who shall schedule a hearing before the commission, and the licensee is entitled to be heard thereon in person or by counsel.
3. The commission shall hold such hearing within 90 days after the filing of a complaint by the administrator. The time of the hearing may [,] be continued upon the motion of the commission or at the discretion of the commission, [be continued] upon the written request of the licensee or of the division for good cause shown.
4. The licensee [shall] must be given at least 30 days [prior] notice in writing by the division of the date, time and place of the hearing, which notice must contain an exact statement of the charges filed, together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the division relevant to the complaint.
κ1981 Statutes of Nevada, Page 1330 (CHAPTER 608, AB 579)κ
the complaint. The division may present evidence obtained after the notice only if the division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee and that [such] the evidence was given or communicated to the licensee immediately after it was obtained.
5. The notice may be served by delivery personally to the licensee, or by mailing by certified mail to the last-known business address of the licensee. If the licensee is a broker-salesman or salesman, the division shall also notify the broker with whom he is associated, or the owner-developer by whom he is employed, by mailing an exact statement of the charges and the date, time and place of the hearing by certified mail to the owner-developer or brokers last-known business address.
Sec. 6. NRS 645.850 is hereby amended to read as follows:
645.850 1. Any licensee who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than $500.
2. Any person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $2,500.
3. Any officer or agent of a corporation, or member or agent of a copartnership or association, who personally participates in or is an accessory to any violation of this chapter by the copartnership, association or corporation, is subject to the penalties herein prescribed for natural persons.
4. Nothing in this section releases any person from civil liability or criminal prosecution under the general laws of this state.
5. The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
6. Any court of competent jurisdiction may try any violation of this chapter, and upon conviction the court may, at its discretion, revoke the license of the person so convicted, in addition to imposing the other penalties herein provided.
________
Assembly Bill No. 677Committee on Ways and Means
CHAPTER 609
AN ACT relating to public officers and employees; providing the amounts payable by the state for group insurance coverage of officers and employees and their dependents; and providing other matters properly relating thereto.
[Approved June 6, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the monthly premiums of that group insurance, not to exceed [the amount specified by law,] $75 for the 1981-82 fiscal year or $86.25 for each fiscal year thereafter, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose.
κ1981 Statutes of Nevada, Page 1331 (CHAPTER 609, AB 677)κ
the 1981-82 fiscal year or $86.25 for each fiscal year thereafter, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. State participation in the cost of monthly premiums must not exceed the amounts specified in this subsection. If an officer or employee chooses to cover his dependents, whenever this option is made available by the committee on group insurance, he must pay the difference between the amount of the premium for the coverage for himself and his dependents and the amount paid by the state under this section.
2. A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
________
Assembly Bill No. 404Committee on Judiciary
CHAPTER 610
AN ACT relating to alcohol and drug abuse; providing for civil commitment of criminal offenders before sentencing but after conviction; removing eligibility for civil commitment from persons convicted of driving under the influence of alcohol or drugs, or of manslaughter or causing the death of or substantial bodily harm to another as a result of such driving; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 458.300 is hereby amended to read as follows:
458.300 Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict [charged with] who has been convicted of a crime is eligible to elect treatment under the supervision of a state-approved alcohol or drug treatment facility [instead of prosecution] before he is sentenced unless:
1. The crime is a crime against the person as provided for in chapter 200 of NRS;
2. The crime is that of selling a controlled substance as defined in chapter 453 of NRS;
3. The crime is that of driving under the influence of intoxicating liquor or while an habitual user or under the influence of a controlled substance as provided for in NRS 484.379, or such driving which results in involuntary manslaughter as provided in NRS 200.070 or which causes the death of or substantial bodily harm to another person as provided in NRS 484.3795.
4. The alcoholic or drug addict has a record of one or more convictions of a crime of violence or of selling a controlled substance as defined in chapter 453 of NRS, or of two or more convictions of any felony;
κ1981 Statutes of Nevada, Page 1332 (CHAPTER 610, AB 404)κ
defined in chapter 453 of NRS, or of two or more convictions of any felony;
[4.] 5. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
[5.] 6. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to such election; or
[6.] 7. The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a treatment program on two prior occasions within any consecutive 2-year period.
Sec. 2. NRS 458.310 is hereby amended to read as follows:
458.310 1. If the court has reason to believe that a person [charged with] who has been convicted of a crime is an alcoholic or drug addict, or the person states that he is an alcoholic or drug addict, and the court finds that he is eligible to make the election provided for in NRS 458.300, the court shall hold a hearing before it sentences the person to determine whether or not [the person] he should receive treatment under the supervision of a state-approved alcohol or drug treatment facility. The district attorney may present the court with any evidence concerning the advisability of permitting the person to make the election.
2. At the hearing the court shall advise him that [prosecution of the charge shall] sentencing will be postponed if he elects to submit to treatment and is accepted for treatment by a state-approved alcohol or drug treatment facility. In offering [such] the election, the court shall advise him that:
(a) If he elects to submit to treatment and is accepted, he may be placed under the supervision of the treatment facility for a period not to exceed 3 years;
(b) During treatment he may be confined in an institution or, at the discretion of the treatment facility, released for treatment or supervised aftercare in the community;
(c) If he satisfactorily completes treatment, as determined by the court, the [charge or charges shall be dismissed,] conviction will be set aside, but if he does not satisfactorily complete [such] the treatment, [prosecution may be resumed;
(d) Such election constitutes a formal waiver of the right to a speedy trial.] he may be sentenced and the sentence executed.
Sec. 3. NRS 458.320 is hereby amended to read as follows:
458.320 1. If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order an approved alcohol or drug treatment facility to conduct an examination of [such] the person to determine whether he is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The facility shall report to the court the results of [such] the examination and recommend whether [such] the person should be placed under supervision for treatment.
2. If the court, acting on the report or other relevant information, determines that [such] the person is not an alcoholic or drug addict, or that he is not likely to be rehabilitated through treatment, he may be [held to answer the charge.] sentenced and the sentence executed.
κ1981 Statutes of Nevada, Page 1333 (CHAPTER 610, AB 404)κ
3. If the court determines that [such] the person is an alcoholic or drug addict and is likely to be rehabilitated through treatment, the court may defer [trial] sentencing until such time, if any, as [resumption of prosecution] sentencing is authorized pursuant to NRS 458.330, and place [such] the person under the supervision of an approved alcohol or drug treatment facility for treatment for a maximum of 3 years. The court may require such progress reports on the treatment of the person as it deems necessary.
4. No person may be placed under the supervision of a facility under this section unless the facility accepts him for treatment.
Sec. 4. NRS 458.330 is hereby amended to read as follows:
458.330 1. Whenever a person is placed under the supervision of a treatment facility, [the criminal charge against him shall be continued without final disposition and dismissed] his sentencing must be deferred, and his conviction must be set aside if the treatment facility certifies to the court that [such person] he has satisfactorily completed the treatment program [.] and the court approves the certification.
2. If, upon the expiration of the treatment period, the treatment facility has yet to certify that [such] the person has completed his treatment program, the [pending criminal proceeding may be resumed.] court shall sentence him. If the court believes that [such person] he will complete his treatment on a voluntary basis, it may, in its discretion, [dismiss the criminal charge.] set the conviction aside.
3. If, before the treatment period expires, the treatment facility determines that [such] the person is not likely to benefit from further treatment at [such] the facility, it shall so advise the court. The court shall then:
(a) Arrange for the transfer of such person to a more suitable treatment facility, if any; or
(b) Terminate the supervision and conduct a hearing to determine whether [the prosecution should be resumed.
Whenever a criminal proceeding is resumed,] the person should be sentenced.
Whenever a person is sentenced under this section, time spent in institutional care [shall] must be deducted from any sentence imposed.
Sec. 5. NRS 458.340 is hereby amended to read as follows:
458.340 The determination of alcoholism or drug addiction and civil commitment pursuant to NRS 458.290 to 458.350, inclusive, shall not be deemed a criminal conviction. [The results of any tests or procedures conducted by the treatment facility or supervisory aftercare authority to determine alcohol or drug dependency may be used only in a further proceeding pursuant to NRS 458.290 to 458.350, inclusive. Such results shall not be used against the person examined in any criminal proceeding.]
________
κ1981 Statutes of Nevada, Page 1334κ
Assembly Bill No. 157Assemblymen Coulter, Barengo, Hayes, Foley, Thompson, Banner, Sader, Prengaman, Westall, Jeffrey, Bremner, Price, Horn, Rusk and Glover
CHAPTER 611
AN ACT relating to crimes; requiring the report of the abuse, neglect or exploitation of an older person; providing a penalty; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. It is the policy of this state to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect and exploitation of older persons through the complete reporting of abuse, neglect and exploitation of older persons.
Sec. 3. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires:
1. Abuse means willful and unjustified:
(a) Infliction of pain, injury or mental anguish; or
(b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.
2. Exploitation means wrongful use of an older person or his money or property to the advantage of another if the older person is unable to care for himself.
3. Neglect means the failure of:
(a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person who is unable to care for himself to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or
(b) An older person to provide for his own needs because of inability to do so.
4. Older person means a person who is 62 years of age or older.
Sec. 4. 1. A report must be made within 3 working days after an instance of abuse, neglect or exploitation is suspected to the local office of the welfare division or to the aging services division of the department of human resources or to any police department or sheriffs office when there is reason to believe that an older person has been abused, neglected or exploited. If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by:
(a) Every physician, dentist, chiropractor, optometrist, resident and intern licensed in this state who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
κ1981 Statutes of Nevada, Page 1335 (CHAPTER 611, AB 157)κ
(b) The superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which must be given by every physician who has attended an older person who appears to have been abused, neglected or exploited pursuant to his performance of services as a member of the staff of the hospital or institution.
(c) Every professional or practical nurse, physicians assistant, psychologist, ambulance driver and ambulance attendant licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(d) Every clergyman or social worker.
(e) Every person who maintains or is employed by a group care facility.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
3. A report may be filed by any other person.
Sec. 5. 1. The report required pursuant to section 4 of this act may be made orally, by telephone or otherwise. The person who receives the report must reduce it to writing as soon as possible.
2. The report must contain the following information, when possible:
(a) The name and address of the older person;
(b) The name and address of the person responsible for his care, if there is one;
(c) The name and address, if available, of the person who is alleged to have abused, neglected or exploited the older person;
(d) The nature and extent of the abuse, neglect or exploitation; and
(e) Any evidence of previous injuries.
Sec. 6. 1. The aging services division of the department of human resources shall identify and record demographic information on the older person who is alleged to have been abused, neglected or exploited and the person who is alleged to be responsible for the abuse, neglect or exploitation.
Sec. 7. 1. Reports made pursuant to sections 4 and 5 of this act are confidential.
2. Any person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect or exploitation of older persons, except:
(a) Pursuant to criminal prosecution under the provisions of sections 3 to 11, inclusive, of this act; and
(b) To persons or agencies enumerated in subsection 3 of this section,
is guilty of a misdemeanor.
3. Data or information concerning the reports and investigations of the abuse, neglect or exploitation of an older person is available only to:
(a) A physician who has in his care an older person who he reasonably believes may have been abused, neglected or exploited;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect or exploitation of the older person;
κ1981 Statutes of Nevada, Page 1336 (CHAPTER 611, AB 157)κ
the information in connection with an investigation of the abuse, neglect or exploitation of the older person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person, if the identity of the person who was responsible for reporting the alleged abuse, neglect or exploitation to the public agency is protected, and the legal guardian is not the person suspected of the abuse, neglect or exploitation; or
(i) The person named in the report as allegedly being abused, neglected or exploited, if that person is not legally incompetent.
4. If the person who is reported to have abused or neglected an older person is the holder of a license or certificate issued pursuant to chapters 630 to 641A, inclusive, of NRS, information contained in the report must be submitted to the board which issued the license.
Sec. 8. Immunity from civil or criminal liability extends to every person participating in good faith in the making of a report pursuant to sections 4 and 5 of this act.
Sec. 9. In any proceeding resulting from a report made or action taken pursuant to sections 3 to 11, inclusive, of this act or in any proceeding where the report of its contents or any other fact related thereto or to the condition of the older person who is the subject of the report may not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.
Sec. 10. Any person who knowingly and willfully violates sections 3 to 11, inclusive, of this act is guilty of a misdemeanor.
Sec. 11. 1. Any adult person who willfully causes or permits an older person to suffer unjustifiable physical pain or mental suffering as a result of abuse, neglect or exploitation, or who willfully causes or permits an older person to be placed in a situation where the person may suffer unjustifiable physical pain or mental suffering as the result of abuse, neglect or exploitation, is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse, neglect, danger or loss through exploitation.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the older person, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
3. As used in this section, permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.
________
κ1981 Statutes of Nevada, Page 1337κ
Assembly Bill No. 216Assemblymen Coulter, Prengaman, Rusk, Sader, Beyer and Westall
CHAPTER 612
AN ACT relating to public works; prohibiting the naming of certain public works after certain persons; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No public building or other public structure, other than a street or road may be named after a person who is at the time a member of the governing body which has jurisdiction or control over the building or structure or which is responsible for it.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 238Committee on Transportation
CHAPTER 613
AN ACT relating to motor vehicle carriers; exempting armored trucks from certain provisions regulating other such carriers; and providing other matters properly relating thereto.
[Approved June 7, 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:
1. Except for the provisions of NRS 706.281 and NRS 706.481 to 706.631, inclusive, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to any person, firm or corporation providing specialized motor carrier service by armored truck to transport money or other valuable commodities within this state.
2. As used in this section, armored truck means a vehicle whose carrying capacity is one ton or more and which has a specially constructed bullet-resistant body, including specially constructed windshields and window glass.
________
κ1981 Statutes of Nevada, Page 1338κ
Senate Bill No. 23Committee on Human Resources and Facilities
CHAPTER 614
AN ACT relating to public libraries; directing that a proposal to issue state general obligation bonds for building and expanding public libraries be submitted to a vote of the people; providing for construction grants to local governmental entities from the proceeds of the bonds if the issue is approved; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the general election to be held in the State of Nevada in 1982, there shall be submitted to the voters of the state in the manner prescribed by chapter 349 of NRS a proposal to issue general obligation bonds of the State of Nevada for the purposes of building and expanding public libraries in this state in an amount of not more than $10,000,000. If the proposal is carried, the bonds may be issued at one time or from time to time.
Sec. 2. 1. If, on the application of the state librarian with the approval of the Nevada council on libraries, the interim finance committee finds that one or more state-supported construction projects for public libraries ought to be commenced, it may direct:
(a) The state board of examiners to issue a sufficient amount of the bonds authorized pursuant to section 1 of this act; and
(b) The state librarian to make grants from the proceeds of the bonds to local government entities for construction projects for public libraries, computing the adjusted state and local shares according to the provisions of section 4 of this act.
2. The state librarian shall not expend more than the amount authorized unless he has obtained prior approval from the interim finance committee.
3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this act.
Sec. 3. The state librarian shall administer the program of grants to local governmental entities for construction projects for public libraries, and he may adopt regulations as necessary to carry out the program. The Nevada council on libraries shall review applications for individual grants and may make recommendations concerning those applications. All applications must be forwarded to the interim finance committee, together with the recommendations of the council. The interim finance committee has final authority to approve or disapprove grants.
Sec. 4. In order to be eligible for a grant from the proceeds of the bonds, a local governmental entity planning a state-supported construction project must provide a local share to match the state share. The basic local share is equal to the state share and is adjusted in each case to reflect local financial ability. The amount of the adjusted local share is computed according to the following formula:
1. The total assessed valuation of the local governmental entity, as certified by the department of taxation for the most recent tax year, is divided by the population of that entity to determine the local assessed valuation per capita.
κ1981 Statutes of Nevada, Page 1339 (CHAPTER 614, SB 23)κ
2. The total assessed valuation of the state, as certified by the department of taxation for the most recent tax year, is divided by the population of the state to determine the statewide assessed valuation per capita.
3. The local assessed valuation per capita is divided by the statewide assessed valuation per capita to determine what percentage the local average is of the statewide average.
4. The basic local share (50 percent of the estimated total cost of the state-supported project) is multiplied by the quotient computed in subsection 3 to determine the adjusted local share which must be provided in order to receive a construction grant. The adjusted state share of the project is determined by subtracting the adjusted local share from the estimated total cost.
________
Senate Bill No. 240Senator Jacobsen
CHAPTER 615
AN ACT relating to chiropractic; authorizing unlicensed persons to practice under certain circumstances; permitting the increasing of license fees; specifying the number of hours of a seminar required for continuing education; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634.060 is hereby amended to read as follows:
634.060 1. [It] Except as provided in subsection 2, it is unlawful for any person:
(a) To practice chiropractic in this state without a license so to do.
(b) To hold himself out as a chiropractor without having a license.
2. An applicant for a license to practice chiropractic who has the qualifications prescribed in NRS 634.090 may, while waiting to take the boards examination but for no longer than 2 years, perform chiropractic, but not including manipulation, under the direct supervision of a chiropractor who is professionally and legally responsible for the applicants performance.
3. Any person violating the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 634.070 is hereby amended to read as follows:
634.070 1. All applicants for licenses to practice chiropractic in Nevada [shall] must be examined semiannually by the board. Examinations [shall] must be held [commencing on the 2nd Monday of March and on the 2nd Monday of September of each year] at such [place or] places within the state [as may be] and at such times as are fixed by the board.
2. The examinations must be written and oral, practical and demonstrative and cover the following subjects:
(a) Chapter 634 of NRS and regulations of the board;
(b) Laboratory procedures and interpretation;
(c) Neurological examination;
κ1981 Statutes of Nevada, Page 1340 (CHAPTER 615, SB 240)κ
(d) Nutrition;
(e) Orthopedic examination;
(f) Physical examination with demonstration;
(g) Technique for taking X-rays, including positioning of the body, and interpretation of X-rays; and
(h) Chiropractic technique with demonstration.
Sec. 3. NRS 634.110 is hereby amended to read as follows:
634.110 Any [person] applicant of good moral character may be licensed without written examination upon the payment of the fee required by this chapter if:
1. He passes the required oral and practical examination and holds a certificate from the National Board of Chiropractic Examiners; or
2. He is licensed by a chiropractic board of any other state or territory which similarly licenses without written examination an applicant of good moral character licensed by the Nevada state board of chiropractic examiners, and where the qualifications required are equal to or higher than those required in this chapter at the date of application.
Sec. 4. NRS 634.120 is hereby amended to read as follows:
634.120 1. All licenses must be signed by the president and the secretary and be attested by the official seal of the board. A fee not to exceed [$35] $100 must be collected before a license is delivered.
2. A license to practice chiropractic authorizes the holder thereof to use the term chiropractic physician.
Sec. 5. NRS 634.130 is hereby amended to read as follows:
634.130 1. Every person holding a valid license and actively practicing chiropractic, whether on a full-time or part-time basis, in the State of Nevada [shall renew such] may renew that license each year by paying a renewal fee not to exceed [$100.] $200. Every person who holds a valid license in the State of Nevada but does not actively practice chiropractic [shall renew such] may renew that license by paying a renewal fee not to exceed $50.
2. A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar of at least 10 hours approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.
________
κ1981 Statutes of Nevada, Page 1341κ
Senate Bill No. 257Committee on Judiciary
CHAPTER 616
AN ACT relating to compensation for victims of crime; providing that certain money paid by offenders be applied to other victims; changing the fund from which the state board of examiners pays compensation; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.189 is hereby amended to read as follows:
176.189 1. The court may order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make restitution to the person or persons named in the order, at the times and in the amounts specified in [such] the order. Such an order may require payment for medical treatment of any person whom the defendant has injured.
2. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure has been caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such a hardship.
3. If, within 3 years after the defendant has been discharged from probation, the department of parole and probation has not located the person to whom the restitution was ordered, the money paid by the defendant must be deposited with the state treasurer for credit to the fund for the compensation of victims of crime.
Sec. 2. NRS 213.126 is hereby amended to read as follows:
213.126 1. The board may impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, at the times and in the amounts specified in the statement.
2. All money received by the department for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited in the state treasury for credit to the restitution trust fund which is hereby created. All payments from the fund must be paid as other claims against the state are paid.
3. Failure to comply with a restitution requirement imposed by the board is a violation of a condition of parole unless the parolees failure was caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of that hardship.
4. If, within 3 years after the parolee is discharged from parole, the department has not located the person to whom the restitution was ordered, the money paid to the department by the parolee must be deposited in the fund for the compensation of victims of crime.
Sec. 3. NRS 217.260 is hereby amended to read as follows:
217.260 [Funds] Money for payment of compensation as ordered by the board [shall] must be paid from the [emergency fund.] fund for the compensation of victims of crime, which is hereby created.
κ1981 Statutes of Nevada, Page 1342 (CHAPTER 616, SB 257)κ
compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid.
________
Assembly Bill No. 442Committee on Commerce
CHAPTER 617
AN ACT relating to dispensing opticians; amending provisions on examinations, fees and discipline; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 637.110 is hereby amended to read as follows:
637.110 1. An application must be accompanied by a fee of not more than $100 to cover the cost of the examination and the initial licensing.
2. The board shall, if it approves an application, examine the applicant in ophthalmic dispensing [. The] , except that the board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.
3. [The board shall grade the examination papers returned by the candidates and shall keep the examination papers of applicants obtaining a grade of less than 75 percent for at least 1 year.
4. Any unsuccessful candidate may, upon written request to the board, see his graded examination paper.] To pass the examination, an applicant must achieve a score of at least 70 percent on the written portion and 70 percent on the practical portion of the examination.
Sec. 2. NRS 637.122 is hereby amended to read as follows:
637.122 1. A dispensing optician shall not fit contact lenses unless he is certified to do so pursuant to this section.
2. The board shall issue a certificate containing an authorization for its holder to fit contact lenses to any licensed dispensing optician whose license has been issued by this board and:
(a) Who fitted contact lenses before January 1, 1978, and submits an application with affidavits from two physicians who specialize in treatment of the eye, testifying to his proficiency in the fitting of contact lenses. No examination on fitting contact lenses is required of such an applicant;
(b) Who has successfully completed a course of instruction on the fitting of contact lenses at a school which offers a degree of associate in applied science for studies in ophthalmic dispensing and who has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; or
(c) Who has completed at least 1 year of training and experience in the fitting of contact lenses under the supervision of a licensed dispensing optician certified to fit contact lenses, a physician specialized in treatment of the eye, or an optometrist, and has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners.
κ1981 Statutes of Nevada, Page 1343 (CHAPTER 617, AB 442)κ
optician certified to fit contact lenses, a physician specialized in treatment of the eye, or an optometrist, and has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners.
A certificate to fit contact lenses is effective for 1 year but may be renewed.
3. The board may charge a fee of not more than $100 for its initial issuance of a certificate to fit contact lenses and for an annual renewal of such a certificate.
4. An applicant who desires to qualify by obtaining 1 year of training and experience must first apply to the board for a training permit. The board shall fix a fee of not more than $15 for the training permit. The permit must be conspicuously displayed at the place of training. The year of training and experience must consist of not less than 1,000 hours of experience in fitting and adapting contact lenses, verification and interpretation of prescriptions for contact lenses, and in other aspects of the practice and theory of fitting contact lenses.
[4.] 5. The board may issue a training permit for the fitting of contact lenses to a registered apprentice dispensing optician to run concurrently with his permit to serve as an apprentice dispensing optician.
[5.] 6. The board may issue a permit, to be effective for not more than 2 years, to a licensed dispensing optician who is not certified to fit contact lenses in order that he may train in the fitting of such lenses.
[6.] 7. A dispensing optician:
(a) May fit contact lenses only pursuant to a written prescription specifying contact lenses.
(b) Shall direct the patient to return to the prescriber for checking the fit and accuracy of the lenses.
Sec. 3. NRS 637.140 is hereby amended to read as follows:
637.140 1. A license issued under the provisions of this chapter expires on December 31 of each year, and, upon payment of a renewal fee of not more than [$50] $200 and presentation of the certificate of completion required by NRS 637.135, may be renewed at any time not later than January 31 of the following year.
2. A license not renewed before February 1 of each calendar year shall be deemed forfeited.
Sec. 4. 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] Upon proof to the satisfaction of the board that [the] an 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 a 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;
κ1981 Statutes of Nevada, Page 1344 (CHAPTER 617, AB 442)κ
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;
9. Is incompetent; or
10. Has repeatedly been negligent, as may be evidenced by claims of malpractice settled against a practitioner [.] ,
the board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him privately or publicly, require him to pay an administrative fine of not more than $2,500, assess upon him the boards cost of investigating the matter, suspend or revoke his license, or take any combination of these disciplinary actions.
Sec. 5. Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Assembly Bill No. 599Committee on Commerce
CHAPTER 618
AN ACT relating to professional engineers; prohibiting use of certain forms of the word engineer; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.520 is hereby amended to read as follows:
625.520 1. It is unlawful for:
(a) Any person, firm, partnership or corporation not properly licensed or exempted under the provisions of this chapter to:
(1) Practice, continue to practice, offer to practice or attempt to practice engineering or any branch thereof;
(2) Employ, use or cause to be used any of the following terms or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit, namely, engineer, engineering, engineered, professional engineer or licensed engineer; or
(3) Directly or indirectly employ any means which in any manner [whatsoever] tends or is likely to create the impression on the public or any member thereof that any person is qualified or authorized to practice engineering.
(b) Any registered professional engineer to practice or offer to practice a branch of professional engineering in which the board has not qualified him.
(c) Any person to present or attempt to use, as his own, the certificate of registration or the seal of another.
(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration.
κ1981 Statutes of Nevada, Page 1345 (CHAPTER 618, AB 599)κ
(e) Any person to impersonate falsely any other registrant of like or different name.
(f) Any person to attempt to use an expired or revoked certificate of registration.
(g) Any person to violate any of the provisions of this chapter.
2. Whenever any person is engaging or is about to engage in any acts or practices which constitute a violation of this chapter, the district court in any county, if [such] the court would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against such acts or practices pursuant to Rule 65 of the Nevada Rules of Civil Procedure.
3. This section [shall not be construed to] does not prevent a contractor licensed under the provisions of chapter 624 of NRS from using the term engineer or engineering if [such] the term is used by the state contractors board in describing a specific classification.
4. Subparagraph (2) of paragraph (a) of subsection 1 does not apply to any foreign corporation, whose securities are publicly traded and regulated pursuant to the Securities and Exchange Act of 1934, which does not engage in professional engineering.
5. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
________
Senate Bill No. 276Committee on Finance
CHAPTER 619
AN ACT making an appropriation and authorizing expenditures for capital improvements to state parks and for improvement of boating and other outdoor recreational facilities associated with boating; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $481,524 for capital improvements in Nevadas state parks.
2. The division of state parks may expend the sum of $425,276 obtained from the Federal Government for capital improvements in Nevadas state parks.
3. For the purposes of this section, capital improvements include contracts for the services of consultants who participate with the division of state parks in planning for capital improvements.
Sec. 2. 1. The division of state parks of the state department of conservation and natural resources may expend $398,672 of the money deposited to its credit pursuant to NRS 365.535 for improvement of boating and other outdoor recreational facilities associated with boating.
κ1981 Statutes of Nevada, Page 1346 (CHAPTER 619, SB 276)κ
2. The division of state parks may expend the sum of $371,470 obtained from the Federal Government for improvement of boating and other outdoor recreational facilities associated with boating.
Sec. 3. Any remaining balance of the appropriation made by subsection 1 of 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. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 366Committee on Commerce and Labor
CHAPTER 620
AN ACT relating to cosmetology; providing for the separate licensing of cosmeticians; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13.5, inclusive, of this act.
Sec. 2. Board means the state board of cosmetology.
Sec. 3. Cosmetician or aesthetician means any person who engages in the practices of:
1. Beautifying, massaging, cleansing or stimulating the face, neck, arms, bust or upper part of the human body, except the hair and scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams;
2. Giving facials or skin care or applying makeup or eyelashes to any person; and
3. Removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers,
but does not include the branches of cosmetology of a hairdresser, electrologist or manicurist.
Sec. 4. Cosmetological establishment means any premises, building or part of a building where cosmetology is practiced, other than a licensed barbershop in which one or more licensed manicurists practice.
Sec. 4.5. Cosmetologist means a person who has received a license from the board to practice as a manicurist, electrologist or hairdresser and cosmetician.
Sec. 5. Cosmetology includes the occupation of a cosmetologist or beauty culturist and includes the branches of a cosmetician, hairdresser, electrologist or manicurist.
Sec. 6. Demonstrator means a person who, on behalf of a manufacturer, wholesaler, retailer or distributor, demonstrates the use of any machine or other article pertaining to cosmetology without charge to the persons to whom the demonstration is given. The term does not include a person who performs a demonstration for the benefit of persons who hold certificates to practice cosmetology, whether issued pursuant to this chapter or the licensing provisions of any other state.
κ1981 Statutes of Nevada, Page 1347 (CHAPTER 620, SB 366)κ
hold certificates to practice cosmetology, whether issued pursuant to this chapter or the licensing provisions of any other state.
Sec. 7. Electrologist means any person who engages in the occupation of removing excess or unwanted hair from the body of any person by the use of electric devices approved by the board, including those operated by battery, electronic cells or electric current.
Sec. 7.5. Electrologists apprentice means a person engaged in learning the occupation of an electrologist in a cosmetological establishment.
Sec. 8. Hairdresser means a person who engages in the practices of:
1. Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Cutting, trimming or shaping the hair.
3. Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
4. Removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, waxing or tweezers.
5. Manicuring the nails of any person.
Sec. 9. Hairdresser and cosmetician means any person who engages in the practice of cosmetology, except the branch of electrolysis, unless qualified.
Sec. 10. Junior operator means a person engaged in learning the occupations of a hairdresser and cosmetician in a hairdressing or cosmetological establishment.
Sec. 11. Manicurist means any person who, for compensation or by demonstration, engages in the practices of:
1. Care of anothers fingernails or toenails.
2. Beautification of anothers nails.
3. Extension of anothers nails.
Sec. 12. The board shall admit to examination for a certificate of registration as a cosmetician any person who has made application to the board in proper form and paid the fee required by this chapter, and who:
1. Is at least 18 years of age;
2. Is of good moral character and temperate habits;
3. Is a resident of Nevada;
4. Has successfully completed the 10th grade in school or its equivalent; and
5. Has received a minimum of 600 hours of training, which included theory, modeling and practice, in a licensed school of cosmetology or 1200 hours as a junior operator, or who has practiced the occupation of a cosmetician full time for at least 1 year or its equivalent before July 1, 1981.
Sec. 13. 1. The board shall grant, without examination, a certificate of registration as a cosmetician to any person who:
κ1981 Statutes of Nevada, Page 1348 (CHAPTER 620, SB 366)κ
(a) Has practiced the occupation of a cosmetician full time for at least 1 year or its equivalent before July 1, 1981, in a jurisdiction which has requirements similar to those of this state; and
(b) Applies before January 1, 1982, to the board in proper form and pays the required fee.
2. A certificate of registration issued pursuant to this section authorizes the holder to practice the occupation of a cosmetician in a licensed cosmetological establishment. A certificate issued pursuant to this section expires on July 1, 1983, and is not renewable.
3. The board shall admit to examination for a certificate of registration as a cosmetician any person to whom a certificate is issued pursuant to this section and who, before or after the expiration of the certificate, makes a proper application to the board for the examination and pays the required fee.
Sec. 13.3. 1. A person licensed pursuant to this chapter may receive a duplicate of that license if the original was destroyed, misplaced or mutilated.
2. To receive a duplicate license a person must:
(a) File an affidavit with the board, on the form prescribed by the board, which states that the original license was destroyed, misplaced or mutilated; and
(b) Pay a fee of $5.
Sec. 13.5. A student must receive the following amount of instruction in the classroom before commencing work on the public.
1. A student enrolled as a hairdresser and cosmetician must receive 250 hours or the equivalent of 32 days.
2. A student enrolled as a manicurist must receive 40 hours or the equivalent of 5 days.
3. A student enrolled as an electrologists apprentice must receive 150 hours or the equivalent of 20 days.
Sec. 14. NRS 644.020 is hereby amended to read as follows:
644.020 As used in this chapter [:
1. Board means the state board of cosmetology.
2. Cosmetological establishment means any premises, building or part of a building where cosmetology is practiced, other than a licensed barbershop in which one or more licensed manicurists practice.
3. Cosmetology includes any branch or any combination of branches of the occupation of a hairdresser and cosmetician, and any branch or any combination of branches of the occupation of a cosmetician, or cosmetologist, or beauty culturist, and is defined as the following practices:
(a) Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by any means; or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
(b) Cutting, trimming or shaping the hair.
(c) Massaging, cleansing or stimulating the scalp, face, neck, arms, bust or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
κ1981 Statutes of Nevada, Page 1349 (CHAPTER 620, SB 366)κ
(d) Cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(e) Beautifying the face, neck, arms, bust or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(f) Removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, or by the use of tweezers.
(g) Manicuring the nails of any person.
4. Demonstrator means any person who, for the purpose of advertising, promoting or selling any drug, lotion, compound, preparation or substance, performs or carries on any of the practices enumerated or defined in this section, in order to advertise, promote or sell the drug, lotion, compound, preparation or substance.
5. Electrologist means any person who engages in the occupation of removing excess or unwanted hair from the body of any person by the use of electric devices approved by the board, including those operated by battery, electronic cells or electric current.
6. Hairdresser and cosmetician means any person who engages in the practice of cosmetology, except the branches of electrolysis and manicuring.
7. Junior operator means any person who is engaged in learning or acquiring a knowledge of the occupations of a hairdresser and cosmetician in a hairdressing or cosmetological establishment.
8. Manicurist means any person who, for compensation or by demonstration, engages in the practices of:
(a) Care of anothers fingernails or toenails.
(b) Beautification of anothers nails.
(c) Extension of anothers nails.] , unless the context otherwise requires, the words and terms defined in sections 2 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 14.1. NRS 644.040 is hereby amended to read as follows:
644.040 1. No person [shall be] is eligible for appointment as a member of the board:
(a) Who is not [registered as a hairdresser and cosmetician] licensed as a cosmetologist under the provisions of this chapter.
(b) [Who is connected, directly or indirectly, with any school of cosmetology, or was so connected while previously serving as a member of the board.
(c)] Who is not, at the time of appointment, either actually engaged in conducting a cosmetological establishment, or actually engaged in the practice of a branch of cosmetology.
[(d)] (c) Who is not at least 25 years of age.
[(e)] (d) Who has not been a [citizen] resident of this state for at least 3 years immediately [prior to] before his appointment.
2. [At all times the personnel of the board shall be so constituted that two graduates of the same school of cosmetology shall not be members at the same time.] Not more than one member of the board may be connected, directly or indirectly, with any school of cosmetology, or have been so connected while previously serving as a member of the board.
κ1981 Statutes of Nevada, Page 1350 (CHAPTER 620, SB 366)κ
Sec. 14.2. NRS 644.070 is hereby amended to read as follows:
644.070 1. The board shall hold meetings for the examination of applicants for registration and for the transaction of such other business as [shall pertain] pertains to its duties at least four times a year.
2. The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business [as, in its judgment, may be required,] at such times and places as it [may determine.] determines.
3. The members of the board [shall each] are entitled to receive:
(a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging [, not to exceed $25 per day,] and actual expenses for transportation, [while traveling on business of the board.] as provided for state officers and employees.
4. All such compensation and expenses [shall] must be paid by the board out of the funds received by it, and no part thereof [shall] may be paid by the state.
Sec. 14.3. NRS 644.080 is hereby amended to read as follows:
644.080 The board [shall:
1. Prescribe] shall:
1. Prescribe the duties of its officers, examiners and employees, and fix the compensation of [such] those employees.
2. [Have the authority to] May establish offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter. All records and files of the board [shall] must be kept at the main office of the board and [shall, at all reasonable hours,] be open to public inspection [.] at all reasonable hours.
3. [Adopt] May adopt a seal.
4. May issue subpenas to compel the attendance of witnesses and the production of books and papers.
Sec. 14.4. NRS 644.090 is hereby amended to read as follows:
644.090 The board shall:
1. Hold examinations as to the qualifications of all applicants for registration, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.
2. Issue certificates of registration and licenses to such applicants as may be entitled thereto.
3. Register cosmetological establishments and schools of cosmetology.
4. Report to the proper prosecuting officers all violations of this chapter coming within its knowledge.
5. Inspect schools of cosmetology and cosmetological establishments to ensure compliance with statutory requirements and adopted regulations of the board. This authority extends to any member of the board or its authorized employees.
Sec. 14.5. NRS 644.110 is hereby amended to read as follows:
644.110 The board shall adopt reasonable regulations:
1. For carrying out the provisions of this chapter.
2. For conducting examinations of applicants for registration.
3. For governing the recognition of, and the credits to be given to, the study of cosmetology [, or any branch thereof,] under a [hairdresser and cosmetician,] cosmetologist or in a school of cosmetology licensed under the laws of another state or territory of the United States or the District of Columbia.
κ1981 Statutes of Nevada, Page 1351 (CHAPTER 620, SB 366)κ
and cosmetician,] cosmetologist or in a school of cosmetology licensed under the laws of another state or territory of the United States or the District of Columbia.
4. For governing the conduct of schools of cosmetology. The regulations must include, but need not be limited to, provisions:
(a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;
(b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student; [and]
(c) Providing for lunch and coffee recesses for students during school hours [.] ; and
(d) Allowing a member or an authorized employee of the board to review the records of a students training and attendance.
Sec. 14.6. NRS 644.120 is hereby amended to read as follows:
644.120 1. The board may adopt such [rules] regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in cosmetological establishments [,] or schools of cosmetology, or in the practice of a hairdresser and cosmetician.
2. No [rule] regulation governing sanitary conditions thus adopted [shall have] has any [force or] effect until it has been approved by the state board of health.
3. A copy of all [rules] regulations governing sanitary conditions which are adopted [and approved shall] must be furnished to each person, firm or corporation to whom a certificate of registration and license is issued for the conduct of a cosmetological establishment, school of cosmetology [, or for the] or practice of [the occupations of a hairdresser and cosmetician.] cosmetology.
Sec. 14.7. NRS 644.130 is hereby amended to read as follows:
644.130 The board shall keep a registration record containing the name, known places of business, and the date and number of the certificate of registration of every registered [hairdresser and cosmetician, and of those engaged in the practice of any branch of cosmetology,] cosmetologist, together with the names and addresses of all cosmetological establishments and schools of cosmetology registered [under] pursuant to this chapter. The record [shall] must also contain [a specification of such] the facts [as] which the applicants for registration [may claim] claimed in their applications to justify their registration.
Sec. 14.8. NRS 644.150 is hereby amended to read as follows:
644.150 The board [is authorized, whenever in its judgment it is deemed necessary, to] may employ inspectors, investigators, advisers, examiners and clerks and [to] secure the services of attorneys and other professional consultants, but no part of the compensation of [such] those persons or reasonable expenses incurred by the board [shall] may be paid by the state.
Sec. 15. NRS 644.190 is hereby amended to read as follows:
644.190 1. [No person, firm or corporation shall] It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology, hairdressing shop, beauty parlor or any other place of business in which any one or any combination of the occupations of [a hairdresser and cosmetician] cosmetology are taught or practiced until licensed under the provisions of this chapter
κ1981 Statutes of Nevada, Page 1352 (CHAPTER 620, SB 366)κ
place of business in which any one or any combination of the occupations of [a hairdresser and cosmetician] cosmetology are taught or practiced until licensed under the provisions of this chapter
2. [No person shall] It is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch or branches thereof, whether for compensation or otherwise, until licensed under the provisions of this chapter.
3. [Nothing in this] This chapter [shall be construed to] does not prohibit:
(a) Any junior operator from engaging in any one or any combination of the occupations of [a hairdresser and cosmetician] cosmetology under the immediate supervision of a licensed hairdresser and cosmetician.
(b) Any student in any school of cosmetology, legally established under the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in [such] the school.
(c) An electrologists apprentice from participating in a course of practical training and study.
Sec. 15.1. NRS 644.200 is hereby amended to read as follows:
644.200 The board shall admit to examination for a certificate of registration as a registered hairdresser and cosmetician, at any meeting of the board held [for the purpose of conducting] to conduct examinations, any person who has made application to the board in proper form and paid the fee required by this chapter, and who [:] before or on the date of the examination:
1. Is not less than 18 years of age.
2. Is of good moral character and temperate habits.
3. Is a resident of Nevada.
4. Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.
5. Has had any one of the following:
(a) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.
(b) Practice of the occupation of a [cosmetologist] hairdresser and cosmetician for a period of 4 years outside this state.
(c) Service for at least [2 years] 3,600 hours in not less than 2 years as a junior operator in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.
Sec. 15.2. NRS 644.203 is hereby amended to read as follows:
644.203 The board shall admit to examination for a certificate of registration as an electrologist any person who has made application to the board in proper form and paid the fee required by this chapter, and who [:] before or on the date set for examination:
1. Is not less than 18 years of age.
2. Is of good moral character and temperate habits.
3. Is a resident of Nevada.
4. Has successfully completed the 12th grade in school or its equivalent.
5. Has or has completed any one of the following:
κ1981 Statutes of Nevada, Page 1353 (CHAPTER 620, SB 366)κ
(a) A minimum training of 1,000 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.
(b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed [under] pursuant to this chapter, [or a hairdresser and cosmetician so licensed.] in an approved program for electrologists apprentices.
(c) A valid electrologists license issued by a state whose licensing requirements are equal to or greater than those of this state.
(d) Either training or practice, or a combination of training and practice, in electrolysis outside this state for a period specified by regulations of the board.
Sec. 15.3. NRS 644.205 is hereby amended to read as follows:
644.205 The board shall admit to examination for a certificate of registration as a manicurist any person who has made application to the board in proper form and paid the fee required by this chapter, and who [:] before or on the date of the examination:
1. Is not less than 18 years of age.
2. Is of good moral character and temperate habits.
3. Is a resident of Nevada.
4. Has successfully completed the 10th grade in school or its equivalent.
5. Has had any one of the following:
(a) Practical training of at least 350 hours [extending over a period of not less than 3 months] under the immediate supervision of a licensed instructor in a licensed school in which the practice is taught.
(b) Practice in manicuring for a period of 1 year outside the State of Nevada.
Sec. 15.4. NRS 644.210 is hereby amended to read as follows:
644.210 1. [Every] An application for admission to examination [, and every application] or for registration [as a hairdresser and cosmetician, or] in any branch of cosmetology [, shall] must be in writing on forms [prepared and] furnished by the board.
2. [Each] An application [shall] must be accompanied by the required fee [,] and [shall] contain proof of the qualifications of the applicant for examination for registration. It [shall] must be verified by the oath of the applicant.
Sec. 16. NRS 644.220 is hereby amended to read as follows:
644.220 1. The [amounts of the] examination fees [and reexamination fees required by this chapter are those fixed by the following schedule:] are:
(a) [The fee for] For examination as a hairdresser and cosmetician [is $20. The fee for each reexamination is $7.50.] , $20.
(b) [The fee for] For examination as an electrologist [is $20. The fee for each reexamination is $7.50.] , $20.
(c) [The fee for] For examination as a manicurist [is $15. The fee for each reexamination is $7.50.] , $15.
(d) For examination as a cosmetician, $15.
The fee for each reexamination is $7.50.
2. Each applicant referred to in subsection 1 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination or examinations.
κ1981 Statutes of Nevada, Page 1354 (CHAPTER 620, SB 366)κ
fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination or examinations.
Sec. 16.5. NRS 644.240 is hereby amended to read as follows:
644.240 1. Examinations for certificates of registration as hairdressers and cosmeticians [shall] must include:
(a) Practical demonstrations in shampooing the hair, hairdressing, hairstyling, finger waving, hair coloring, manicuring, [hot work, wig styling,] makeup, thermal curling, [processing,] marcelling, facial massage, scalp massage with the hands, and cutting, trimming or shaping hair.
(b) Written or oral tests in antisepsis, sterilization, sanitation, and the use of mechanical apparatus and electricity as applicable to the practice of the occupations of a hairdresser and cosmetician.
2. The examination may include such other demonstrations and tests as the board [, in its discretion,] may require.
Sec. 17. NRS 644.260 is hereby amended to read as follows:
644.260 [Every applicant for registration to engage in the practice of electrolysis or manicuring, who shall pass a satisfactory examination conducted by the board to determine his fitness in the practice of electrolysis or manicuring, shall receive from the board] 1. The board shall issue a certificate of registration [and license to engage in the practice of electrolysis or manicuring, as the case may be, without additional cost, up to and including June 30 following the date of issue.] as a cosmetician, electrologist or manicurist to each applicant who passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology.
2. The certificate of registration entitles the holder, without additional cost, to a license to engage in practice as a cosmetician, electrologist or manicurist up to and including June 30 following the date of issue.
Sec. 18. NRS 644.280 is hereby amended to read as follows:
644.280 1. Every certificate of registration and every license issued by the board [shall] must be signed by the president and attested by the secretary and [shall] must bear the impress of the boards seal.
2. Every certificate [shall be] is prima facie evidence of the right of the holder thereof to a license as a registered hairdresser and cosmetician, a cosmetician, an electrologist or a manicurist, as the case may be.
Sec. 18.5. NRS 644.290 is hereby amended to read as follows:
644.290 [Every] The holder of a license issued by the board to practice [the occupation of a hairdresser and cosmetician, or] any branch of cosmetology [, shall] must display the license in a conspicuous place in his principal office, place of business [,] or place of employment.
Sec. 19. NRS 644.300 is hereby amended to read as follows:
644.300 Every registered hairdresser and cosmetician, cosmetician, electrologist [and] or manicurist shall, within 30 days after changing his place of business, as designated on the books of the board, notify the secretary of the board of his new place of business. [, and, upon] Upon receipt of the notification, the secretary shall make the necessary change in the register.
Sec. 19.5. NRS 644.310 is hereby amended to read as follows:
644.310 Upon application to the board, accompanied by a fee of $50, a person registered [as a hairdresser and cosmetician or] in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination (unless the board, in its discretion, sees fit to require examination), be granted a certificate of registration and license to practice the occupation or occupations in which the applicant was previously registered, upon the following conditions:
κ1981 Statutes of Nevada, Page 1355 (CHAPTER 620, SB 366)κ
$50, a person registered [as a hairdresser and cosmetician or] in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination (unless the board, in its discretion, sees fit to require examination), be granted a certificate of registration and license to practice the occupation or occupations in which the applicant was previously registered, upon the following conditions:
1. That he is not less than 18 years of age.
2. That he is a resident of the state.
3. That he is of good moral character and temperate habits.
4. That the requirements for registration or licensing [of hairdressers and cosmeticians, and those engaged in the practice of any branch of cosmetology,] of the branch of cosmetology for which he seeks admission in the particular state, territory or in the District of Columbia were, at the date of the previous registration or licensing, [substantially equal] similar to the requirements therefor then in force in this state.
Sec. 20. NRS 644.320 is hereby amended to read as follows:
644.320 1. The license of every hairdresser and cosmetician, cosmetician, electrologist, and manicurist expires on the second July 1 following its issuance or renewal.
2. Applications for renewal of licenses may be made to the board at any time during the month of June of the year in which the license expires. For each month or fraction thereof after the time for renewal, there must be assessed and collected, at the time of renewal of the license, a delinquency penalty of $3 for each month or fraction thereof.
3. The renewal fee for each license is $25, except that if the license will be valid for fewer than [21] 12 months, the fee is $12.50.
4. An application for the renewal of a license must be made on the form prescribed by the board. The application must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.
Sec. 21. NRS 644.330 is hereby amended to read as follows:
644.330 1. A registered hairdresser and cosmetician, cosmetician, electrologist or manicurist whose license has expired may have [the same] his license renewed only upon payment of the renewal fee provided for in NRS 644.320.
2. Any registered hairdresser and cosmetician, cosmetician, electrologist or manicurist who retires from practice for more than 1 year may have his license restored only upon payment of all lapsed renewal fees.
3. No hairdresser and cosmetician, cosmetician, electrologist or manicurist who has retired from practice for more than 3 years may have his license restored without examination, unless the board [, in its discretion,] sees fit to dispense with [such] the examination.
Sec. 22. NRS 644.340 is hereby amended to read as follows:
644.340 1. Any person [, firm or corporation] desiring to operate a cosmetological establishment in which any one or a combination of the occupations of [a cosmetologist] cosmetology are practiced [shall] must apply to the board for a certificate of registration and license, through the owner, manager or person in charge, [in writing,] upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for registration provided for in this chapter, and must be verified by the oath of the maker.
κ1981 Statutes of Nevada, Page 1356 (CHAPTER 620, SB 366)κ
contain proof of the particular requisites for registration provided for in this chapter, and must be verified by the oath of the maker.
2. Upon receipt by the board of the application accompanied by the [annual] biennial registration fee, the board shall issue to the applicant the required certificate of registration and license.
3. The [annual] biennial registration fee for a cosmetological establishment is [$18.] $36. If a license is issued for 12 months or less, the fee is $20.
Sec. 22.3. NRS 644.350 is hereby amended to read as follows:
644.350 1. Applications for renewal of certificates of registration and licenses to operate cosmetological establishments [shall] must be made [annually] biennially during the month of June to the board in the manner [provided in] prescribed by NRS 644.340, and [shall] must be accompanied by the [annual] biennial registration fee.
2. For each month or fraction thereof after July 1 of each year in which a certificate of registration and license remains unpaid, there [shall] must be assessed and collected, at the time of payment of the license, a delinquency penalty of $5 for each month or fraction thereof.
3. [Every] A certificate of registration and license which has not been renewed on July 1 in each year [shall expire] expires on July 1.
4. If a cosmetological establishment fails to pay the required fee by October 1 of the year in which renewal of the license is required, the establishment must be immediately closed.
Sec. 22.5. NRS 644.370 is hereby amended to read as follows:
644.370 A cosmetological establishment [shall,] must, at all times, be in charge of and under the immediate supervision of a licensed [hairdresser and cosmetician.] cosmetologist.
Sec. 23. NRS 644.380 is hereby amended to read as follows:
644.380 1. Any person [, firm or corporation] desiring to conduct a school of cosmetology in which any one or any combination of the occupations of [a hairdresser and cosmetician] cosmetology are taught [shall] must apply to the board for a certificate of registration and license, through the owner, manager or person in charge, [in writing,] upon forms prepared and furnished by the board. Each application [shall] must contain proof of the particular requisites for registration provided for in this chapter, and [shall] must be verified by the oath of the maker. [Such] The forms [shall] must be accompanied by:
(a) A detailed floor plan of the proposed school.
(b) The name, address and license number of the manager or person in charge and of each instructor.
(c) Evidence of financial ability to provide the facilities and equipment required by [rules] regulations of the board and to maintain the operation of the proposed school for [a period of] 1 year.
(d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students.
(e) The annual registration fee.
(f) The name and address of the person designated to accept service of process.
2. Upon receipt by the board of the application, the board shall, before issuing a certificate of registration and license, determine whether the proposed school:
κ1981 Statutes of Nevada, Page 1357 (CHAPTER 620, SB 366)κ
(a) Is suitably located.
(b) Contains adequate floor space and equipment.
(c) Meets all requirements established by [rules] regulations of the board.
3. The annual registration fee for a school of cosmetology is $300.
Sec. 23.1. NRS 644.383 is hereby amended to read as follows:
644.383 1. The owner of each school of cosmetology shall post with the board a [good and sufficient] surety bond executed by the applicant as principal and by a surety company as surety in the amount of $5,000.
2. The bond [shall] must be in the form approved by the board and [shall] must be conditioned upon compliance with the provisions of this chapter and upon faithful compliance with the terms and conditions of any and all contracts, verbal or written, made by the school to furnish instruction to any person. The bond [shall] must be to the State of Nevada in favor of every person who pays or deposits [any] money with the school as payment for [any] instruction. [Every bond shall continue] A bond continues in [force and] effect until notice of termination is given by registered or certified mail to the board and every bond [shall] must set forth this fact.
3. [Any] A person claiming to be injured or damaged by [any] an act of the school may maintain an action in any court of competent jurisdiction on the bond against the school and the surety named therein, or either of them, for refund of tuition paid and any judgment against the principal or surety in any such action [shall] must include the costs thereof and those incident to the bringing of the action, including a reasonable [attorney] attorneys fee. The aggregate liability of the surety to all such persons [shall] may not, however, exceed the sum of the bond.
Sec. 23.2. NRS 644.400 is hereby amended to read as follows:
644.400 1. A school of cosmetology must at all times be in charge of and under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.
2. A school of cosmetology shall:
(a) Maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months nor more than 24 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician.
(b) Maintain apparatus and equipment sufficient for the ready and full teaching of all the subjects of its curriculum.
(c) Keep a daily record of the attendance of each student, [and] a record devoted to the different practices, [and shall] establish grades and hold examinations before issuing diplomas. These records must be submitted to the board pursuant to its regulations.
(d) Include in its curriculum a course of shop deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.
(e) Arrange the courses devoted to each branch or practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.
κ1981 Statutes of Nevada, Page 1358 (CHAPTER 620, SB 366)κ
(f) Not allow any student to perform services on the public for more than 7 hours in any day nor for more than 5 days out of every 7.
(g) Conduct at least [1 hour of theory instruction each day,] 5 hours of instruction in theory in each 40-hour week, which must be attended by all registered students. [Any student who does not attend such theory instruction on a particular day shall not be allowed to perform services on patrons on that day.]
(h) Require that all student work be done on a rotation basis.
3. Every cosmetological establishment which exacts a fee for the teaching of any branch of cosmetology, except the teaching of junior operators in any branch of cosmetology, is a school of cosmetology within the meaning of this section, and shall comply with all of its provisions, as well as regulations adopted by the board.
4. Each school of cosmetology shall maintain a staff of at least two licensed instructors and one additional instructor for each 25 enrolled students, or major portion thereof, over 50 students. A school of cosmetology must have at least two instructors present and teaching at any time while the school is open.
5. Each instructor shall:
(a) Be a licensed [hairdresser and cosmetician.] cosmetologist.
(b) Pay a biennial license fee of $10.
(c) Have successfully completed the 12th grade in school or its equivalent.
(d) Have 1 years experience as a [hairdresser and cosmetician.] cosmetologist.
(e) Have completed 1,000 hours of teacher training in a school of cosmetology.
(f) Take one or more courses in advanced teacher-training techniques, approved by the board, whose combined duration is at least 30 hours during each 2-year period.
Sec. 23.3. NRS 644.405 is hereby amended to read as follows:
644.405 No school of cosmetology may advertise student work to the public for pay through any medium, including radio, unless the work advertised is expressly designated as [student work. All students must be schooled for 250 hours or the equivalent of 32 days before students are allowed to work on the public.] students work.
Sec. 23.4. NRS 644.420 is hereby amended to read as follows:
644.420 1. Before engaging in the business of demonstrator in this state, a person must apply for and receive a license from the board. The fee for the initial license is $20, and the [annual] biennial renewal fee is [$7.50.] $15.
2. An application for the renewal of a license must be paid on or before July 1 of the year of expiration. If a license is renewed on or before September 1 of that year, a delinquency penalty of $3 for each month or fraction thereof must be assessed and collected at the time of renewal. If a license is not renewed by September 1, the license expires and a new application must be submitted.
Sec. 24. NRS 644.425 is hereby amended to read as follows:
644.425 1. The board may grant a permit authorizing a person to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of hair-styling, makeup and hair-dyeing techniques for the benefit and instruction of hairdressers [,] and cosmeticians, cosmeticians, electrologists and manicurists licensed under this chapter, and junior operators and students enrolled in licensed schools of cosmetology.
κ1981 Statutes of Nevada, Page 1359 (CHAPTER 620, SB 366)κ
for the benefit and instruction of hairdressers [,] and cosmeticians, cosmeticians, electrologists and manicurists licensed under this chapter, and junior operators and students enrolled in licensed schools of cosmetology.
2. The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct [such] the demonstrations and exhibitions, which period may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.
3. A person may be granted a permit under this section only if he:
(a) Makes application to the board for the permit [.] ; and
(b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes.
4. The provisions of this section do not apply to demonstrators licensed under this chapter.
5. It is unlawful:
(a) For any person to conduct a demonstration or exhibition without a permit.
(b) For any person who is granted a permit to allow persons other than hairdressers [,] and cosmeticians, cosmeticians, electrologists and manicurists licensed under this chapter, and junior operators and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.
Sec. 25. NRS 644.430 is hereby amended to read as follows:
644.430 [The board shall not issue, or having issued shall not renew, or may revoke or suspend at any time, any license as required by the provisions of NRS 644.190 in any one of the following cases:]
1. The following are grounds for disciplinary action by the board:
[1.] (a) Failure of a person, firm or corporation operating a cosmetological establishment to comply with the requirements of this chapter.
[2.] (b) Failure to comply with the [rules] regulations adopted by the board [and approved by the state board of health for the regulation of] for cosmetological establishments, schools of cosmetology or the practice of the occupations of a [hairdresser and cosmetician.] cosmetologist.
[3.] (c) Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.
[4.] (d) Gross malpractice.
[5.] (e) Continued practice by a person knowingly having an infectious or contagious disease.
[6.] (f) Drunkenness or addiction to the use of a controlled substance as defined by chapter 453 of NRS.
[7.] (g) Advertisement by means of knowingly false or deceptive statements.
[8.] (h) Permitting a certificate of registration or license to be used where the holder thereof is not personally, actively and continuously engaged in business.
[9.] (i) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
[10.] (j) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
κ1981 Statutes of Nevada, Page 1360 (CHAPTER 620, SB 366)κ
[11. For any] (k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license; or
(c) Impose a fine not to exceed $1,000.
Sec. 26. NRS 644.010 is hereby repealed.
Sec. 27. This act shall become effective upon passage and approval.
________
Senate Bill No. 442Senators Raggio, Blakemore, Neal, Wagner, Jacobsen, Close, Wilson, Ford and Don Ashworth
CHAPTER 621
AN ACT relating to district judges; providing a salary for their availability to serve ex officio as members of a board of law library trustees and for their availability to sit on the supreme court; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.030 is hereby amended to read as follows:
3.030 1. The annual salary of each district judge is $43,000.
2. In addition to the salary specified in subsection 1, each district judge who is available to serve ex officio as a member of a board of law library trustees and is available to sit on the supreme court whenever designated by the governor is entitled to receive an annual salary of $13,000.
3. All of the salaries must be paid in biweekly installments out of the district judges salary account of the supreme court.
[3.] 4. No salary of any district judge may be paid in advance.
Sec. 2. NRS 3.030 is hereby amended to read as follows:
3.030 1. The annual salary of each district judge is [$43,000.] $56,000.
2. [In addition to the salary specified in subsection 1, each district judge who is available to serve ex officio as a member of a board of law library trustees and is available to sit on the supreme court whenever designated by the governor is entitled to receive an annual salary of $13,000.
3.] All of the salaries must be paid in biweekly installments out of the district judges salary account of the supreme court.
[4.] 3. No salary of any district judge may be paid in advance.
Sec. 3. Chapter 380 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The office of trustee is honorary, without salary or other compensation.
Sec. 4. NRS 380.070 is hereby repealed.
Sec. 5. 1. This section shall become effective upon passage and approval.
κ1981 Statutes of Nevada, Page 1361 (CHAPTER 621, SB 442)κ
2. Sections 1 and 4 of this act shall become effective on the 1st Monday of January in 1983.
3. Sections 2 and 3 of this act shall become effective on the 1st Monday of January in 1985.
________
Senate Bill No. 455Committee on Judiciary
CHAPTER 622
AN ACT relating to traffic laws; providing for chemical tests for alcohol or controlled substances on persons who have been incapacitated and not arrested; adding licensed practical nurses and paramedics to persons qualified to draw blood for blood tests; removing requirement that persons arrested for driving under the influence of alcohol or a controlled substance be taken before a magistrate if he is being treated for injuries; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as provided in subsections 4 and 5, any person who drives a vehicle upon a highway in this state shall be deemed to have given his consent to a chemical test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving a vehicle while under the influence of intoxicating liquor or a controlled substance and [after] :
(a) After he was arrested for any offense allegedly committed while he was driving a vehicle under the influence of intoxicating liquor or a controlled substance [.] ; or
(b) He is dead, unconscious or otherwise in a condition rendering him incapable of being arrested.
2. The person arrested must be informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
3. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section.
5. Where the alcoholic content of the defendants blood is in issue, a person may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test, and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath test.
κ1981 Statutes of Nevada, Page 1362 (CHAPTER 622, SB 455)κ
blood or urine test if means are reasonably available to perform a breath test. Where the presence of a controlled substance in the blood of the person arrested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a urine test, but he may not submit to a breath test in lieu of submitting to a blood or urine test.
6. If a person under arrest refuses to submit to a required chemical test as directed by a police officer under this section, the police officer shall submit to the department of motor vehicles within 10 days a sworn written statement that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to the test upon the officers request.
Sec. 2. NRS 484.393 is hereby amended to read as follows:
484.393 1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 [shall not be] are not admissible in any hearing of criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless the blood tested was withdrawn by a physician, registered nurse, licensed practical nurse, advanced emergency medical technician-ambulance or a technician employed in a medical laboratory.
2. The limitation contained in subsection 1 [shall] does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No [such] physician, registered nurse, licensed practical nurse, advanced emergency medical technician-ambulance or technician [shall incur] incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer such test.
Sec. 3. NRS 484.795 is hereby amended to read as follows:
484.795 Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person [shall,] may, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. He [shall] must be taken before the magistrate in any of the following cases:
1. When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;
2. When the person is charged with a violation of NRS 484.701, relating to the refusal of a driver of a vehicle to submit [such] the vehicle to an inspection and test;
3. When the person is charged with a violation of NRS 484.755, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or
4. When the person is charged with a violation of NRS 484.379 [.] , unless he is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking him before the magistrate.
________
κ1981 Statutes of Nevada, Page 1363κ
Senate Bill No. 504Senators Getto and Jacobsen
CHAPTER 623
AN ACT relating to fairs; creating the advisory board of trustees for the trust relating to the fairground and providing for its organization, powers and duties; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 551 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state advisory board of trustees for the trust relating to the fairground, consisting of ten members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) As representatives of the Nevada state fair board, its president and manager.
(b) As representatives of the Reno Rodeo Association, its president and vice president.
(c) A representative of the 4-H Club Leaders Council.
(d) A representative of the Nevada junior livestock show board.
(e) A member of the legislature.
(f) A representative of the Nevada State Horsemens Association.
(g) A prominent member of one of the cattle breeders associations in the state, to represent those associations.
(h) A person engaged in a business related to farming or ranching.
3. The board shall review:
(a) All uses of the real property leased to Washoe County for use as a fairground.
(b) Any physical improvements or changes to the facilities at the fairground,
to ensure that the use of the property for purposes related to agriculture and livestock continues in compliance with the trust provisions imposed upon the conveyance.
Sec. 2. The governor shall appoint to the board 10 persons who are qualified under paragraphs (a) to (h), inclusive, of subsection 2 of section 1 of this act to terms as follows:
1. Three members to terms expiring on June 30, 1982.
2. Three members to terms expiring on June 30, 1983.
3. Four members to terms expiring on June 30, 1984.
________
κ1981 Statutes of Nevada, Page 1364κ
Senate Bill No. 513Senator Neal
CHAPTER 624
AN ACT relating to public finance; authorizing the deposit of state money in insured credit unions; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.070 is hereby amended to read as follows:
353.070 It is unlawful for the legislative auditor to count as money in the state treasury anything but actual checks pending deposit and currency in the custody of the state treasurer, or deposits in depository banks, credit unions or in insured savings and loan associations.
Sec. 2. NRS 353.075 is hereby amended to read as follows:
353.075 1. When the count of state money, funds and securities is completed, the legislative auditor shall make a report and file it in the office of the secretary of state. When filed with the secretary of state, the report is a public record.
2. The report must show separately:
(a) The actual amount of money in the state treasury in the custody of the state treasurer.
(b) The amounts on deposit, listing each depository bank, credit union or savings and loan association and the amounts on deposit.
(c) Lists of all state-owned securities in the state treasury which are in the custody of the state treasurer or in depository banks, credit unions or insured savings and loan associations.
(d) A statement of securities deposited with the state treasurer for safekeeping showing the total value of the securities, the department or commission for whom the state treasurer holds the securities, and the purpose for which the securities were obtained.
Sec. 3. NRS 356.005 is hereby amended to read as follows:
356.005 1. The state, a local government or an agency of either, if specifically authorized by statute or a state agency if approved by the state board of finance, may deposit public money in any insured state or national bank, in any insured credit union or in any insured savings and loan association.
2. Deposits made by the state in an insured credit union or savings and loan association which is a mutual association must be evidenced by an instrument which acknowledges that the state is not a member of the association by virtue of the deposit.
Sec. 4. NRS 356.010 is hereby amended to read as follows:
356.010 1. All money under the control of the state treasurer belonging to the state must be deposited in any state or national banks, any insured credit union or in any insured savings and loan associations in [the State of Nevada,] this state, or in any banks or insured savings and loan associations outside of [the State of Nevada] this state as provided in NRS 356.100. [, and the] The depository banks or savings and loan associations shall handle, collect and pay all checks, drafts and other exchange without cost to the state.
2. Any sums so deposited are deemed to be in the state treasury if the banks, credit unions or savings and loan associations in which the money is deposited furnish, before or simultaneously with the making of the deposits, security as provided in NRS 356.010 to 356.110, inclusive.
κ1981 Statutes of Nevada, Page 1365 (CHAPTER 624, SB 513)κ
the banks, credit unions or savings and loan associations in which the money is deposited furnish, before or simultaneously with the making of the deposits, security as provided in NRS 356.010 to 356.110, inclusive.
Sec. 5. NRS 356.011 is hereby amended to read as follows:
356.011 1. A state agency which opens an account in a bank, credit union or savings and loan association must first obtain the approval of the state board of finance, except in cases where the account is specifically authorized by statute.
2. The titles of the accounts must indicate that the account is in the name of the State of Nevada.
3. The state treasurer shall keep a list of all state accounts in banks, credit unions or savings and loan associations, whether they are maintained within or outside the state. The list must contain:
(a) The names of those financial institutions with which state agencies have accounts, and the names of those agencies.
(b) The names of those state agencies which have accounts with banks, credit unions and savings and loan associations, and the names of those financial institutions.
4. Each state agency shall send to the state controller at the end of each fiscal year a copy of the statement of account for each account it maintains with a bank, credit union or savings and loan association, and other related documents which reconcile the account to the agencys books.
Sec. 6. NRS 356.020 is hereby amended to read as follows:
356.020 1. All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by:
(a) Obligations of the United States;
(b) Bonds of this state;
(c) Bonds of any county, municipality or school district within this state;
(d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of section 3 of this act; or
(e) Instruments in which the state is permitted by NRS 355.140 to invest.
2. Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the state treasurer or with any federal home loan bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.
3. The amount, in par value, of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount of the state treasurers deposit with the depository bank, credit union or association except that the amount of any collateral consisting of promissory notes with first mortgages or first deeds of trust must be at least twice the amount of the deposit which is to be secured by that collateral.
4. All securities to be used as such collateral must be approved in writing by the state treasurer and are subject to review by the state board of finance.
κ1981 Statutes of Nevada, Page 1366 (CHAPTER 624, SB 513)κ
5. The state treasurer or the state board of finance may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to maintain each deposit.
6. The securities, or any part thereof, may be withdrawn on the consent of the state treasurer, but no withdrawal is permitted which will reduce the security below the requirements of this section.
Sec. 7. NRS 356.030 is hereby amended to read as follows:
356.030 1. If any insured banks, insured credit unions or any insured savings and loan associations fail to pay any deposit or deposits, or any part thereof, on demand of the state treasurer, then the state treasurer, with the written approval of the state board of finance, forthwith shall:
(a) Advertise such securities for sale for [a period of] not less than 10 days in a newspaper of general circulation published within [the State of Nevada.] this state.
(b) Sell the securities, or a sufficient amount thereof, to repay the deposit, at public or private sale to the highest and best bidder.
(c) Apply the proceeds of the sale, including accrued interest, if any, toward the cancellation of the deposit.
2. If there is an excess of such proceeds or of security, or both, after the satisfaction of the deposit, the excess must be returned to the depository bank, credit union or savings and loan association or its successor in interest.
3. Nothing in this section prevents the depository bank, credit union or savings and loan association, or the superintendent of banks [or] , the commissioner of credit unions or the commissioner of savings associations in charge thereof, or the legally constituted receiver or liquidator thereof from redeeming the securities within a reasonable time, as determined by the state board of finance, at such a price as will repay to the state treasurer the full amount of the deposit in the depository.
Sec. 8. NRS 356.040 is hereby amended to read as follows:
356.040 1. At the close of business at the end of each month and at any other time, upon demand of the state treasurer or the state board of finance, every depository bank, credit union or savings and loan association shall:
(a) Furnish the state treasurer with a statement of the account, [duly] verified or certified by some officer of the depository, upon a form to be fixed by the state treasurer.
(b) Return to the state treasurer all paid checks and vouchers.
(c) Mail a copy of the statement of the account to the state board of finance and a copy to the superintendent of banks [or] , the commissioner of credit unions or the commissioner of savings associations. The superintendent or commissioner immediately shall mail a copy thereof to the president or other chief executive officer of the bank, credit union or savings and loan association.
2. Every such insured bank, credit union or savings and loan association shall also, upon demand of the superintendent or commissioner, furnish him with such a verified statement and paid checks and vouchers.
Sec. 9. NRS 356.070 is hereby amended to read as follows:
356.070 1. Deposits are subject to withdrawal upon demand of the state treasurer at any time without previous notice, but no withdrawal of such deposit or deposits, except by a state controllers warrant in the manner set forth in NRS 356.080, may be made by the state treasurer without the written consent of the state board of finance.
κ1981 Statutes of Nevada, Page 1367 (CHAPTER 624, SB 513)κ
such deposit or deposits, except by a state controllers warrant in the manner set forth in NRS 356.080, may be made by the state treasurer without the written consent of the state board of finance.
2. A warrant of the state controller is a check or order of the state treasurer, and must be paid by the depository bank, credit union or savings and loan association designated thereon when registered, countersigned, and the bank, credit union or savings and loan association has been designated for payment thereof as provided in NRS 356.080.
3. The state treasurer shall keep a register which shows separately the amount of state money on deposit with every insured depository bank, insured credit union or insured savings and loan association and lists separately each check or order drawn upon the respective [bank] depositories, numbering the checks or orders against each depository consecutively.
Sec. 10. NRS 356.080 is hereby amended to read as follows:
356.080 1. Whenever any warrant of the state controller is presented to the state treasurer for payment, the warrant becomes a check or order of the state treasurer if the state treasurer endorses thereon the name of the insured depository bank, insured credit union or insured savings and loan association, where payable, and a number, as provided by NRS 356.070, and countersigns his name thereto as state treasurer.
2. [Such a] The warrant must be drawn, as near as may be, upon the insured depository bank, insured credit union or insured savings and loan association nearest the residence, if known, of the payee named in the warrant.
Sec. 11. NRS 356.085 is hereby amended to read as follows:
356.085 The interest to be paid by a depository bank, credit union or savings and loan association [shall] must be paid in accordance with the contract made with the state treasurer and in an amount determined by the rates established pursuant to NRS 356.015 or by any Act of Congress.
Sec. 12. NRS 356.090 is hereby amended to read as follows:
356.090 In consideration of no exchange or collection charges being made on checks or coupons of, or remittance to, the state, any banks, insured credit unions or insured savings and loan associations at the state capital may be relieved by the state treasurer, with the approval of the state board of finance, from the payment of any interest on amounts deposited with them.
Sec. 13. NRS 356.100 is hereby amended to read as follows:
356.100 If deposits in depositories within this state are at or near the limit of deposits allowable under the value of bonds or securities pledged by such banks, insured credit unions or insured savings and loan associations, or as otherwise limited by NRS 356.010 to 356.110, inclusive, and an excess of money has accumulated in the state treasury, the state treasurer may:
1. Subject to the provisions of NRS 356.010 to 356.110, inclusive, with the written consent and approval of the state board of finance, deposit such amounts of money as may be advisable in banks or insured savings and loan associations situated outside of [the State of Nevada;] this state; and
κ1981 Statutes of Nevada, Page 1368 (CHAPTER 624, SB 513)κ
2. By check or order signed by the state treasurer and countersigned by at least two members of the state board of finance, withdraw the deposits as needed.
Sec. 14. NRS 356.210 is hereby amended to read as follows:
356.210 It is unlawful for any person, firm, company or corporation knowingly to deliver to any public officer of [the State of Nevada] this state or of any political subdivision thereof, or for any such public officer knowingly to accept, any depository bond of any surety company for the security of any public money deposited or to be deposited by the officer in any banking or trust company, insured credit union or insured savings and loan association any stockholder, member or director of which, at the time of the execution of the depository bond, is a stockholder or director in the surety company.
Sec. 15. NRS 356.220 is hereby amended to read as follows:
356.220 A public officer shall not accept any such depository bond unless there is attached thereto a certificate, under oath, of some authorized officer or agent of the surety company to the effect that, at the time of executing the bond, no stockholder or director of the surety company furnishing the bond is a stockholder, member or director in any banking or trust company, insured credit union or any insured savings and loan association in which the public money is or is to be deposited knowingly.
Sec. 16. NRS 678.470 is hereby amended to read as follows:
678.470 A credit union may, subject to the regulations or approval of the commissioner:
1. Receive from its members or from the members of another credit union deposits which are payable on demand and honor requests for withdrawals in the form of check or drafts.
2. Receive deposits from the state treasurer which are payable on demand pursuant to the provisions of chapter 356 of NRS.
3. Borrow from any source in accordance with the policy established by the board of directors and discount and sell any eligible obligations.
[3.] 4. Sell all or any part of its assets or purchase all or any part of the assets of another credit union.
Sec. 17. Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Senate Bill No. 514Committee on Finance
CHAPTER 625
AN ACT relating to district courts; providing for the continuing education of district judges; creating a special revenue fund; increasing filing fees in civil actions; making an appropriation; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
κ1981 Statutes of Nevada, Page 1369 (CHAPTER 625, SB 514)κ
of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of substantive law appropriate to a district court, to each district judge who is first elected or appointed to office after July 1, 1981, and to other district judges who so desire and who can be accommodated, between each general election and January 1 next following.
(b) In statutory amendments and other developments in the law appropriate to a district court, to all district judges at convenient intervals.
2. The costs of the instruction must be paid from the fund for the continuing education of district judges which is hereby created as a special revenue fund. Support for the fund must be provided by legislative appropriations from the state general fund. The court administrator shall administer the fund and claims against the fund must be paid as other claims against the state are paid.
Sec. 2. NRS 19.030 is hereby amended to read as follows:
19.030 1. On the commencement of any civil action or proceeding in the district court, the county clerk of each county, in addition to any other fees now provided by law, shall charge and collect [$15] $16 from the party commencing [such] the action or proceeding.
2. On or before the 1st Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to [$15] $16 per civil case commenced as provided in subsection 1, for the preceding calendar month, and the county treasurer shall place the same to the credit of the state fund. The county treasurer shall remit quarterly all such fees turned over to him by the county clerk to the state treasurer, to be placed by the state treasurer in the general fund of the state.
Sec. 3. 1. There is hereby appropriated from the state general fund to the fund for the continuing education of district judges created pursuant to section 1 of this act:
For the fiscal year 1981-82.............................................................. $27,000
For the fiscal year 1982-83.............................................................. 27,000
2. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums 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.
________
κ1981 Statutes of Nevada, Page 1370κ
Senate Bill No. 591Committee on Finance
CHAPTER 626
AN ACT relating to elected officials; increasing the salaries of certain elected officers; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 223.050 is hereby amended to read as follows:
223.050 Until the 1st Monday in January [1979,] 1983, the governor is entitled to receive an annual salary of [$40,000.] $50,000. From and after the 1st Monday in January [1979,] 1983, the governor is entitled to receive an annual salary of [$50,000.] $65,000.
Sec. 2. NRS 224.050 is hereby amended to read as follows:
224.050 1. Until the 1st Monday in January [1979,] 1983, the lieutenant governor is entitled to receive an annual salary of [$6,000.] $8,000. From and after the 1st Monday in January [1979,] 1983, the lieutenant governor is entitled to receive an annual salary of [$8,000.] $10,500.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive [$60] $104 per day for such times as he may be actually employed as governor or president of the senate, and if he travels daily from his home to sessions of the legislature, he [shall be allowed] is entitled to receive, for each mile between the capital and his home, for each day the senate is actually convened, travel expenses at the rate of [12] 21 cents per mile traveled.
3. In addition to the salary provided in subsections 1 and 2, if the lieutenant governor does not travel from home daily but takes up temporary residence in the vicinity of the capital for the duration of the legislative session, he [shall be allowed] is entitled to receive a per diem expense allowance of [$30] $44 for each day he is away from his home and for the entire period that the legislature is in session.
4. The lieutenant governor is entitled to receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.
Sec. 3. NRS 225.050 is hereby amended to read as follows:
225.050 Until the 1st Monday in January [1979,] 1983, the secretary of state is entitled to receive an annual salary of [$25,000.] $32,500. From and after the 1st Monday in January [1979,] 1983, the secretary of state is entitled to receive an annual salary of [$32,500.] $42,250.
Sec. 4. NRS 226.090 is hereby amended to read as follows:
226.090 Until the 1st Monday in January [1979,] 1983, the state treasurer is entitled to receive an annual salary of [$22,500.] $31,500. From and after the 1st Monday in January [1979,] 1983, the state treasurer is entitled to receive an annual salary of [$31,500.] $41,000.
Sec. 5. NRS 227.060 is hereby amended to read as follows:
227.060 Until the 1st Monday in January [1979,] 1983, the state controller is entitled to receive an annual salary of [$22,500.]
κ1981 Statutes of Nevada, Page 1371 (CHAPTER 626, SB 591)κ
controller is entitled to receive an annual salary of [$22,500.] $31,500. From and after the 1st Monday in January [1979,] 1983, the state controller is entitled to receive an annual salary of [$31,500.] $41,000.
Sec. 6. NRS 228.070 is hereby amended to read as follows:
228.070 1. Until the 1st Monday in January [1979,] 1983, the attorney general is entitled to receive an annual salary of [$30,000.] $40,500. From and after the 1st Monday in January [1979,] 1983, the attorney general is entitled to receive an annual salary of [$40,500.] $52,500.
2. The attorney general is not permitted to engage in the private practice of law.
Sec. 7. NRS 218.210 is hereby amended to read as follows:
218.210 1. Each senator elected before November 7, [1978,] 1982, or appointed to succeed a senator elected before November 7, [1978,] 1982, is entitled to receive as compensation [$60] $80 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
2. Each senator and assemblyman elected on or after November 7, [1978,] 1982, or appointed to succeed a senator or assemblyman elected on or after November 7, [1978,] 1982, is entitled to receive as compensation [$80] $104 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
________
Senate Bill No. 592Committee on Finance
CHAPTER 627
AN ACT relating to the supreme court, increasing the salaries of the justices of the supreme court; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the 1st Monday in January [1979, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1979 are entitled to receive an annual salary of $28,000.
κ1981 Statutes of Nevada, Page 1372 (CHAPTER 627, SB 592)κ
1979 are entitled to receive an annual salary of $28,000. From and after the 1st Monday in January 1979, their successors in office are entitled to receive an annual salary of $47,250.
2. Until the 1st Monday in January 1981, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1981 are entitled to receive an annual salary of $35,000. From and after the 1st Monday in January 1981, their successors in office are entitled to receive an annual salary of $47,250.
3. Until the 1st Monday in January] 1983, the justice of the supreme court whose term of office expires on the 1st Monday in January 1983 is entitled to receive an annual salary of $35,000. From and after the 1st Monday in January 1983, his successors in office are entitled to receive an annual salary of [$47,250.] $61,500.
2. Until the 1st Monday in January 1985, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1985 are entitled to receive an annual salary of $47,250. From and after the 1st Monday in January 1985, their successors in office are entitled to receive a salary of $61,500.
3. Until the 1st Monday in January 1987, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1987 are entitled to receive an annual salary of $47,250. From and after the 1st Monday in January 1987, their successors in office are entitled to receive a salary of $61,500.
4. All salaries provided for in this section are payable in biweekly installments as other state officers are paid.
Sec. 2. NRS 213.015 is hereby amended to read as follows:
213.015 1. Until the 1st Monday in January [1979, any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $35,000 shall receive no salary as a member of the board.
2. From and after the 1st Monday in January 1979:] 1983:
(a) Any member of the board whose [base] annual salary as a justice of the supreme court is $47,250 shall receive no salary as a member of the board.
(b) Any member of the board whose annual salary as a justice of the supreme court is $35,000 is entitled to receive as a member of the board an annual salary of $12,250.
2. From and after the 1st Monday in January 1983:
(a) Any member of the board whose annual salary as a justice of the supreme court is set by subsection 1 of NRS 2.050 shall receive no salary as a member of the board.
(b) Any member of the board whose annual salary as a justice of the supreme court is set by subsection 2 or 3 of NRS 2.050 is entitled to receive as a member of the board an annual salary in an amount which when added to his salary as a justice equals the salary set by subsection 1 of NRS 2.050.
3. The salaries provided for in this section [shall] must be paid out of [moneys] money provided by direct legislative appropriation from the state general fund.
________
κ1981 Statutes of Nevada, Page 1373κ
Senate Bill No. 618Committee on Finance
CHAPTER 628
AN ACT relating to the public employees retirement system; increasing the post-retirement allowances of certain persons who are receiving disability or service retirement allowances; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 35 and 36 of chapter 270, Statutes of Nevada 1975, at page 352, are hereby amended to read as follows:
Sec. 35. There is hereby appropriated from the general fund in the state treasury to the public employees retirement board the sum of $607,550 for the purpose of paying a portion of the costs for providing [a $50] an $80 per month cost of living increase for all public employees who retired prior to July 1, 1963.
Sec. 36. 1. All funds which have been accumulated under the provisions of that certain act of the legislature of the State of Nevada entitled An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials or employees; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials and employees, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith, approved March 26, 1937, as amended, shall be transferred to the public employees retirement fund. Such funds shall be combined with the appropriation made by section 35 of this act and segregated into a separate account within the public employees retirement fund from which [a $50] an $80 per month increase for retirees who retired prior to July 1, 1963, shall be paid.
2. After the effective date of this act, the state treasurer, every county and township officer and his deputy, and officers of incorporated cities and irrigation districts and their deputies required by law in his or their official capacity to furnish a surety bond or bonds, and any employee of any county, township, incorporated city or irrigation district required by order of the board of county commissioners of any county or governing board of any incorporated city or irrigation district to furnish a surety bond or bonds, shall acquire such bonds in accordance with NRS 282.040 to 282.220, inclusive, unless otherwise required by law.
3. Those bonds which have been issued pursuant to the provisions of the act cited in subsection 1 remain in effect for the periods respectively prescribed in each bond.
Sec. 2. Section 54 of chapter 594, Statutes of Nevada 1977, at page 1601, is hereby amended to read as follows:
Sec. 54. 1. If the legislature appropriates sufficient money from the state general fund, there shall be an increase of [$50] $80 per month in the monthly allowances provided by chapter 286 of NRS for:
κ1981 Statutes of Nevada, Page 1374 (CHAPTER 628, SB 618)κ
the state general fund, there shall be an increase of [$50] $80 per month in the monthly allowances provided by chapter 286 of NRS for:
(a) Persons who began receiving disability or service retirement allowances prior to July 1, 1963; and
(b) Beneficiaries of persons described in subsection 1, if any such beneficiary is receiving a monthly allowance pursuant to the provisions of this chapter relating to beneficiaries.
2. If the legislature does not appropriate sufficient money from the general fund to pay for the [$50] $80 per month increase, retired employees and beneficiaries listed in this section are entitled to receive a post-retirement allowance as provided in section 55 of this act for retirees and beneficiaries who began drawing benefits during the period from July 1, 1963, to December 1, 1963.
________
Senate Bill No. 623Committee on Commerce and Labor
CHAPTER 629
AN ACT relating to pharmacy; requiring the pharmacist to substitute a generic drug for a prescribed drug in certain circumstances; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 639.2583 is hereby amended to read as follows:
639.2583 If a practitioner has prescribed a drug by brand name and has indicated that a substitution may be made, a pharmacist [may] :
1. Shall, in a case where he is being paid for the drug by a governmental agency; and
2. May, in any other case,
fill the prescription with another drug which is available to him, is less expensive than the drug prescribed, is biologically equivalent, [and] has the same active ingredient or ingredients of the same strength, quantity and form of dosage and is of the same generic type as the drug prescribed. The pharmacist may also make such a substitution if the prescription was written by a practitioner from outside this state and indicates that a substitution may be made.
Sec. 2. NRS 639.2585 is hereby amended to read as follows:
639.2585 1. Except where a substitution is required by subsection 1 of NRS 639.2583:
(a) Before he makes a substitution, a pharmacist shall advise the person who presents the prescription of:
[(a)] (1) The generic drug which he proposes to substitute; and
[(b)] (2) The price difference between the drug under the brand name prescribed and the drug which [the pharmacist] he proposes to substitute.
κ1981 Statutes of Nevada, Page 1375 (CHAPTER 629, SB 623)κ
[2. A pharmacist shall not make any substitution of drugs if the drug to be substituted is higher in cost than the drug prescribed by brand name.
3.] (b) The person presenting the prescription may refuse to accept the proposed substitution.
2. A pharmacist shall not make any substitution of drugs if the drug to be substituted is higher in cost than the drug prescribed by brand name.
Sec. 3. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Senate Bill No. 679Committee on Government Affairs
CHAPTER 630
AN ACT relating to the equal rights commission; transferring its employees to the classified service of the state; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233.050 is hereby amended to read as follows:
233.050 1. The governor shall appoint a chairman of the commission and the members shall elect a secretary from the membership of the commission.
2. The commission shall meet at least twice a year on the call of the chairman at a place designated by the chairman or a majority of the commission.
3. [Employees] The employees of the commission [shall be] are in the [unclassified] classified service of the state. [and shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 696Committee on Government Affairs
CHAPTER 631
AN ACT relating to the Colorado River advisory commission; changing the qualifications of one member; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 538.061 is hereby amended to read as follows:
538.061 1. The governor shall appoint four members who [:
κ1981 Statutes of Nevada, Page 1376 (CHAPTER 631, SB 696)κ
(a) Are] are residents of the State of Nevada and of a county served by the division [.
(b) Have a general knowledge of the] and one member to represent the state at large who is a resident of this state and of a county whose residents do not receive electrical power which is generated with water from the Colorado River or its tributaries.
2. All members must have a general knowledge of:
(a) The development of the Colorado River and its tributaries within the State of Nevada [.
(c) Have general knowledge of the] ; and
(b) The rights of the State of Nevada concerning the resources and benefits of the Colorado River.
[2.] 3. Not more than three commissioners may be of the same major political affiliation.
Sec. 2. This act shall become effective on August 1, 1981, except that between July 1, 1981, and July 31, 1981, the governor may, but need not, appoint as a member of the Colorado River advisory commission one person to represent the state at large who resides in this state outside the counties served by the division of Colorado River resources of the department of energy.
________
Senate Bill No. 706Committee on Finance
CHAPTER 632
AN ACT making an additional and supplemental appropriation to the reserve for statutory contingency fund; and providing other matters properly relating thereto.
[Approved June 7, 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 reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $500,000 as an additional and supplemental appropriation to that allowed and made by section 1 of chapter 77, Statutes of Nevada 1981, at page 176.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1377κ
Senate Bill No. 659Committee on Judiciary
CHAPTER 633
AN ACT relating to community property; allowing the creation of an estate in community property with a right of survivorship; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 111.064 is hereby amended to read as follows:
111.064 1. Estates as tenants in common or estates in community property may be created by conveyance from husband and wife to themselves or to themselves and others or from a sole owner to himself and others in the same manner as a joint tenancy may be created.
2. A right of survivorship does not arise when an estate in community property is created in a husband and wife, as such, unless the instrument creating the estate expressly declares that the husband and wife take the property as community property with a right of survivorship. This right of survivorship is extinguished whenever either spouse, during the marriage, transfers his interest in the community property.
Sec. 2. NRS 120.010 is hereby amended to read as follows:
120.010 As used in this chapter, unless the context otherwise requires:
1. Beneficiary means any person entitled, but for his disclaimer, to take an interest:
(a) By intestate succession;
(b) By devise;
(c) By legacy or bequest;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) As beneficiary of a testamentary trust;
(g) Pursuant to the exercise or nonexercise of a power of appointment;
(h) As donee of any power of appointment; [or]
(i) By right of survivorship; or
(j) As beneficiary of an inter vivos gift, whether outright or in trust.
2. Interest means the whole of any property, real or personal, legal or equitable, present or future, or any fractional part, share or particular portion or specific assets thereof, or a joint tenancy or any other estate in any such property, or power to appoint, consume, apply or expend property, or any other right, power, privilege or immunity relating thereto.
3. Disclaimer means a written instrument which declines, refuses, renounces or disclaims any interest which would otherwise be succeeded to by a beneficiary.
4. Disclaimant means a person who executes a disclaimer.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 1378κ
Senate Bill No. 709Committee on Government Affairs
CHAPTER 634
AN ACT relating to public administrators; increasing the salary of that office; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 253.043 is hereby amended to read as follows:
253.043 The public administrator is entitled to receive an annual salary in the amount of [$26,500] $30,500 in full payment for all services required by law to be performed by him. All fees or compensation collected pursuant to NRS 253.050 and 253.230 must be deposited, without deduction, with the county treasurer for credit to the general fund of the county.
Sec. 2. NRS 253.043 is hereby amended to read as follows:
253.043 The public administrator is entitled to receive an annual salary in the amount of [$30,500] $37,000 in full payment for all services required by law to be performed by him. All fees or compensation collected pursuant to NRS 253.050 and 253.230 must be deposited, without deduction, with the county treasurer for credit to the general fund of the county.
Sec. 3. 1. Section 1 of this act shall become effective July 1, 1981.
2. Section 2 of this act shall become effective on the 1st Monday of January, 1983.
________
Senate Bill No. 432Committee on Judiciary
CHAPTER 635
AN ACT relating to court costs; increasing the number and the allowances of expert witnesses; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 18.005 is hereby amended to read as follows:
18.005 For the purposes of NRS 18.010 to 18.150, inclusive, the term costs means:
1. Clerks fees.
2. Reporters fees for depositions, including a reporters fee for one copy of each deposition.
3. Jurors fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.
4. Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.
5. Reasonable fees of not more than [three] five expert witnesses in an amount of not more than [$250] $750 for each witness [.]
κ1981 Statutes of Nevada, Page 1379 (CHAPTER 635, SB 432)κ
an amount of not more than [$250] $750 for each witness [.] , unless the court allows a larger fee after determining, pursuant to a hearing, that the circumstances surrounding the experts testimony were of such necessity as to require the larger fee.
6. Reasonable fees of necessary interpreters.
7. The fee of any sheriff or licensed process server for the delivery or service of any summons or subpena used in the action, unless the court determines that the service was not necessary.
8. The fees of the official reporter or reporter pro tempore.
9. Reasonable costs for any bond or undertaking required as part of the action.
________
Senate Bill No. 661Committee on Commerce and Labor
CHAPTER 636
AN ACT relating to accountants; making various changes in the law relating to the licensing of public accountants and the practice of accounting; and providing other matters properly relating thereto.
[Approved June 7, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. It is the policy of this state, and the purpose of this chapter:
1. To provide for the dependability of information which is used for guidance in financial transactions or for accounting for and assessing the status or performance of public and private entities; and
2. To protect the interest of the public by requiring that persons who are engaged in the practice of public accounting be qualified, so that the auditing, examining, reviewing and compiling of financial statements and the issuing of reports, opinions and assurances relating to those statements are reserved to persons who have demonstrated ability and fitness to observe and apply the standards of the profession of accounting.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Attest, attesting and attestation mean the issuance of opinions, reports or other documents which state or imply assurance of the reliability of any financial information when the opinions, reports or other documents are accompanied by or contain any name, title or wording which indicate that the person or other entity which has issued them is an accountant or auditor, or has expert knowledge in accounting or auditing. The terms include any disclaimer of an opinion when the disclaimer is in a form which is understood to imply any positive assurance of the reliability of the information and expertise on the part of the person making the disclaimer.
Sec. 5. Board means the Nevada state board of accountancy.
κ1981 Statutes of Nevada, Page 1380 (CHAPTER 636, SB 661)κ
Sec. 6. Certificate means the certificate issued by the board to a person who is qualified to practice accounting as a certified public accountant.
Sec. 7. Live permit means a permit issued pursuant to NRS 628.380 which has not been revoked or suspended.
Sec. 8. Practice of public accounting means the offering to perform or the performance by a holder of a live permit, for a client or potential client, of one or more services involving the use of skills in accounting or auditing, one or more services relating to advising or consulting with clients on matters relating to management or the preparation of tax returns and the furnishing of advice on matters relating to taxes.
Sec. 9. Registered public accountant means a person who was registered or licensed as a public accountant:
1. On or before May 1, 1973; or
2. After May 1, 1973, pursuant to NRS 628.190 and 628.210.
Sec. 10. State includes any state of the United States and the District of Columbia.
Sec. 11. In addition to any penalty which it may assess pursuant to NRS 628.390, the board may suspend any of the provisions of an order issued pursuant to that section and place the certified or registered public accountant on probation, subject to limitations and conditions specified by the board, which may include requirements for continuing education or for a review of the accountants practice, either periodically or continuously.
Sec. 12. NRS 628.045 is hereby amended to read as follows:
628.045 1. The governor shall appoint six members who are certified public accountants in the State of Nevada and one member who is a registered public accountant in the State of Nevada.
2. Whenever the total number of [practicing] registered public accountants [registered] who practice is 10 or fewer, the board [shall] must consist of six certified public accountant members and the registered public accountant member until his term of office expires. Thereafter, the board [shall] must consist of [seven] six members who are certified public accountants [.] and one member who represents the public.
3. No person may be appointed to the board unless he is:
(a) Engaged in active practice as a certified public accountant or registered public accountant [;] and holds a live permit to practice public accounting in this state, or is appointed as the member who represents the public.
(b) A resident of the State of Nevada.
4. If there are no registered public accountants who are eligible and willing to serve as members of the board, a [certified public accountant] person who represents the public may be appointed to fill a vacancy.
Sec. 13. NRS 628.075 is hereby amended to read as follows:
628.075 1. The Nevada Society of Certified Public Accountants shall, at least 30 days [prior to] before the beginning of any term, or within 30 days after a position on the board becomes vacant, submit to the governor the names of at least three persons qualified for membership on the board for each [certified public accountant] position to be filled [.] by a certified public accountant. The governor shall appoint [one of the three nominees] new members or fill the vacancy from the list, or request a new list.
κ1981 Statutes of Nevada, Page 1381 (CHAPTER 636, SB 661)κ
list, or request a new list. If the Nevada Society of Certified Public Accountants fails to submit timely nominations for a position on the board, the board may submit nominations to the governor, who shall appoint [one of three] members from among the nominees or request a new list.
2. The Nevada Society of Public Accountants shall, at least 30 days [prior to] before the beginning of any term or within 30 days after a position on the board becomes vacant, submit the names of three or more persons qualified for membership on the board for each [public accountant] position to be filled by a public accountant and the governor shall appoint one of the [three] nominees or request a new list. If the Nevada Society of Public Accountants fails to submit timely nominations for a position on the board, the board may submit nominations for the position to the governor, who shall appoint one of the [three] nominees or request a new list.
3. The governor may appoint any qualified person who is a resident of this state to the position which is to be occupied by a person who represents the public.
Sec. 14. NRS 628.120 is hereby amended to read as follows:
628.120 The board shall adopt [, within 120 days after April 21, 1971, and may amend, from time to time, rules and] regulations reasonably necessary and expedient for the orderly conduct of its affairs and for the administration of this chapter.
Sec. 15. NRS 628.130 is hereby amended to read as follows:
628.130 The board shall:
1. Have a seal [which shall be judicially noticed.] of which judicial notice must be taken.
2. Keep records of its proceedings. In any proceedings in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of [such] those records certified as correct under the seal of the board [shall be] are admissible in evidence as tending to prove the contents of [such] the records.
3. Have printed and published for public distribution in April of each year an annual register which [shall] must contain:
(a) The names arranged alphabetically by classifications of all [practitioners] accountants holding permits to practice under this chapter.
(b) The names of the members of the board.
(c) Such other matter as may be deemed proper by the board.
Copies of the register [shall] must be mailed to each [permitholder.] person who holds a live permit.
Sec. 16. NRS 628.160 is hereby amended to read as follows:
628.160 1. The board may promulgate and amend rules of professional conduct appropriate to establish and maintain a high standard of quality, integrity and dignity in the profession of public accountancy.
2. At least 60 days prior to the promulgation of any such rule or amendment, the board shall mail copies of the proposed rule or amendment to each holder of a live permit issued under NRS 628.380, to the address shown in the records of the board, together with a notice advising him of the date, time and place of the hearing on the proposed rule or amendment and the proposed effective date of the rule or amendment, and requesting that he submit his comments thereon at least 15 days [prior to such effective date.
κ1981 Statutes of Nevada, Page 1382 (CHAPTER 636, SB 661)κ
[prior to such effective date. Such comments shall be] before the hearing. The comments are advisory only. Failure [to mail such] by inadvertence or error to mail the rule, amendment or notice to [all permitholders shall] each holder of a permit does not affect the validity of any [such] rule or amendment [.] if the board has made an effort in good faith to mail the notice to all holders of permits.
3. The board may [issue any further] adopt regulations [, including but not limited to rules of professional conduct, pertaining to] concerning the professional conduct of corporations and partnerships practicing certified public accounting or public accounting which it deems consistent with or required by the public welfare [. Among other things, the board may prescribe] , including regulations:
(a) Governing the style, name and title of such corporations [.] and partnerships.
(b) Governing the affiliation of such corporations and partnerships with any other organizations.
(c) Providing for joint and several liability of the shareholders of such corporations for corporate torts relating to professional services unless a corporation maintains liability insurance or unimpaired capital deemed reasonably sufficient by the board to protect the interest of clients and the public.
Sec. 17. NRS 628.170 is hereby amended to read as follows:
628.170 1. The board shall appoint [a grievance committee] committees to investigate grievances consisting of one or more certified public accountants having the qualifications set forth in NRS 628.190 to 628.310, inclusive, and if there are ten or more practicing registered public accountants, one or more registered public accountants, having the qualifications set forth in NRS 628.350.
2. The [grievance committee] committees to investigate grievances shall work as [a standing committee] standing committees or through subcommittees and with such additional members as the board may determine are required from time to time to perform the assigned work of the committee. The board in its discretion may determine:
(a) The total number of members, their terms or special assignments;
(b) The number of certified public accountants and the number of registered public accountants which constitute the committee; and
(c) Whether or not a member is appointed to [the] a standing committee, to a subcommittee or to a special assignment.
3. Each member of [the grievance committee shall hold a valid] a committee to investigate grievances must hold a live permit and be actively engaged in the practice of public accounting in this state. The board shall remove from [the grievance] a committee any member whose permit to practice is void or has been revoked or suspended. The board may remove any member of [the grievance] a committee for neglect of duty or other just cause.
4. Each member of [the grievance] a committee may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings or hearings of the board, not to exceed $100 per day, and [shall] is entitled to be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.
κ1981 Statutes of Nevada, Page 1383 (CHAPTER 636, SB 661)κ
5. [The majority of the committee shall constitute a quorum for the performance of any function herein provided.
6. The committee] The board may adopt [and amend from time to time] regulations for the orderly conduct of [its affairs.] the affairs of the committees.
6. The board shall assign one of its members who is an accountant to participate in the investigation of each case and to present the case to the board. The board may assign one member to each committee or one member to several or all committees. A member assigned to participate in an investigation or presentation of a case may not participate in the deliberations of the board or its decision or adjudication of the case.
7. Upon assignment by the board the [committee] committees shall:
(a) Make investigations respecting the conduct of certified public accountants, [and] registered public accountants and corporations and partnerships of accountants who may have been guilty of violations for which the board might suspend or revoke their certificates, registrations or permits, and investigate applications of [such] accountants and corporations and partnerships of accountants for reinstatement. [The committee shall make recommendations and forward its report to the board for action and the board may then proceed as provided in NRS 628.410.
(b) Make investigations and recommendations as provided by NRS 628.350.
(c)] The committee shall forward the report of its investigation to the member of the board assigned to the case, and the member shall present it to the board with his recommendation.
(b) Make any other investigations relating to any matter involving any violation or alleged violation of this chapter or relating to the boards administration or enforcement of this chapter.
Sec. 18. NRS 628.190 is hereby amended to read as follows:
628.190 The certificate of certified public accountant [shall] must be granted by the board to any person who:
1. Is a resident of this state or [has a place of business therein or, as an employee, is regularly employed therein; and
2. Is of good moral character; and] is a member of a corporation or partnership registered in this state which practices public accounting and which has an office in the state, or is regularly employed in that office;
2. Is a person of fiscal integrity who is without any history of acts involving dishonesty or moral turpitude;
3. Meets the requirements of education and experience as provided in NRS 628.200; and
4. Has passed a written examination selected by the board in theory of accounts, in accounting practice, in auditing, in commercial law as affecting public accounting, and in such other related subjects as the board shall determine to be appropriate.
Sec. 19. NRS 628.200 is hereby amended to read as follows:
628.200 [After April 21, 1971, the educational and experience requirements] The requirements of experience and education for a certificate of certified public accountant [shall be] are a Bachelor of Arts or a Bachelor of Science degree from a college or university recognized by the board, with a major in accounting, or what the board determines to be substantially the equivalent of [the foregoing,] a major in accounting, or with a [nonaccounting major,] degree in a major other than accounting supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration, and:
κ1981 Statutes of Nevada, Page 1384 (CHAPTER 636, SB 661)κ
determines to be substantially the equivalent of [the foregoing,] a major in accounting, or with a [nonaccounting major,] degree in a major other than accounting supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration, and:
1. Two years of public accounting experience, including, but in no way limited to, [the examination of any financial statements for the purpose of expressing an opinion thereon, as defined by the board,] attesting while in practice as a certified public accountant, a registered public accountant, a staff accountant employed by [anyone practicing] a person who is licensed to practice public accounting or any combination of [such] these types of experience;
2. Experience [of a private nature or] in governmental accounting [or] auditing work of a character and for a length of time sufficient in the opinion of the board to be substantially equivalent to the requirements of subsection 1. [; or
3. One year of the type of experience required by subsection 1 if the candidate holds a masters degree in accounting or business administration from a college or university recognized by the board, if there has been satisfactory completion of such number of semester hours in accounting, business administration, economics and related subjects as the board determines to be appropriate.]
The board may provide by regulation for the substitution of qualified programs of continuing education to partially satisfy the requirement of experience imposed in this section, or may add any program to the requirement of experience.
Sec. 20. NRS 628.210 is hereby amended to read as follows:
628.210 None of the educational requirements specified in NRS 628.200 [shall] apply to a candidate for a certificate of certified public accountant who is [registered as a] a registered public accountant under NRS 628.350, or who, on April 1, 1960, was employed as a staff accountant in this state by anyone practicing public accounting, but [such] a candidate who does not meet [such] those educational requirements [shall] must have 4 years of the experience described in subsection 1 [or 2] of NRS 628.200 [.] or the experience described in subsection 2 of that section which in the opinion of the board is of such a character and for such a period as to be substantially equivalent to 4 years of the experience described in subsection 1 of that section.
Sec. 21. NRS 628.230 is hereby amended to read as follows:
628.230 1. The examinations described in NRS 628.190 must be conducted by the board and take place as often as the board finds desirable, but not less frequently than once each year.
2. The board shall prescribe by regulation the methods of applying for examination and for conducting the examination, including the grading of papers and the determination of passing grades. The board may make such use of all or any part of the Uniform Certified Public Accountants Examination and Advisory Grading Service as it deems appropriate to assist it in performing its duties hereunder.
Sec. 22. NRS 628.240 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1385 (CHAPTER 636, SB 661)κ
628.240 A candidate for a certificate of certified public accountant who: [has]
1. Has met the educational requirements; [, or with]
2. With respect to whom [they do not apply] the requirements do not apply; or
3. Expects to meet the requirements within 120 days after the date on which the examination is scheduled,
is eligible to take the examination without waiting until he meets the [experience requirements, provided] requirements of experience if he also meets the requirements of subsections 1 and [3] 2 of NRS 628.190. The board shall provide by regulation for a procedure for receiving an application from a candidate who expects to meet the educational requirements within 120 days after the date on which the examination is scheduled. The board shall not report the results of the examination until the candidate [receives his college degree.] meets the educational requirements.
Sec. 23. NRS 628.250 is hereby amended to read as follows:
628.250 A candidate for the certificate of certified public accountant who has successfully completed the examination required by NRS 628.190 has no status as a certified public accountant until he has the requisite experience and has received his certificate as a certified public accountant. The board may establish a fee for issuing a certificate in an amount set in a regulation adopted by the board.
Sec. 24. NRS 628.260 is hereby amended to read as follows:
628.260 1. The board may by regulation prescribe the terms and conditions under which a candidate:
(a) Must pass [an] all parts of the examination in the subjects indicated in NRS 628.190 [.] in order to qualify for a certificate.
(b) Who [passes the examination in] at any given examination passes two or more subjects or [in] the subject of accounting practice alone [may be reexamined in the remaining subject or subjects only, at subsequent examinations held by the board, and if he passes in the remaining subject or subjects within a period of time specified in the regulations of the board, he will be considered to have passed the examination.] , but not all subjects, may receive conditional credit for the subjects passed, and need not sit for reexamination in those subjects. The board may provide by regulation:
(1) Minimum grades for each subject not passed in order to receive credit for those passed;
(2) A limit on the time in which each applicant must pass all parts of the examination or lose any credit received; and
(3) That an applicant must sit for all parts of the examination which he did not pass in a previous examination.
2. The board may give credit to a candidate who has passed all or part of the examination in another state [or territory,] or other jurisdiction of the United States, if the certified public accountant members of the board [determine] have determined by regulation that the standards under which the examination was held are as high as the standards established for the examination required by this chapter.
κ1981 Statutes of Nevada, Page 1386 (CHAPTER 636, SB 661)κ
Sec. 25. NRS 628.280 is hereby amended to read as follows:
628.280 1. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board [of not more than $50] by regulation for the initial examination provided for in NRS 628.190.
2. Fees for reexaminations under NRS 628.190 must also be charged by the board in amounts determined by it [, but the board may not charge more than $30] by regulation for each subject in which the candidate is reexamined.
3. The applicable fee must be paid by the candidate at the time he applies for examination or reexamination.
4. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board [of not more than $25] by regulation for review and inspection of his examination paper.
Sec. 26. NRS 628.310 is hereby amended to read as follows:
628.310 The board may [, in its discretion,] waive the examination under NRS 628.190, and may issue a certificate as a certified public accountant to any person [possessing the qualifications specified in subsections 1 and 2 of NRS 628.190, and what the board determines to be substantially the equivalent of the applicable qualifications under subsections 3 and 4 of NRS 628.190,] who is the holder of a certificate as a certified public accountant then in effect issued under the laws of any state or other jurisdiction of the United States approved by the board, [, or is the holder of a certificate, license or degree in a foreign country] constituting a recognized qualification for the practice of public accounting [in such country,] comparable to that of a certified public accountant of this state, [which is then in effect.] and who possesses the qualifications:
1. Set forth in subsections 3 and 4 of NRS 628.190 which were in effect on the date on which he received his original certificate; and
2. Of subsections 1 and 2 of NRS 628.190 at the time of making application pursuant to this chapter.
Sec. 27. NRS 628.340 is hereby amended to read as follows:
628.340 1. A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of certified public accountants and meet the following requirements:
(a) At least one general partner must be a certified public accountant of this state in good standing.
(b) Each partner [personally] who is a resident of this state and is personally and regularly engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant of this state in good standing.
(c) Each partner who personally engages in the practice of public accounting in this state and who is not a resident of this state and is not regularly employed in an office of the firm in this state must be a certified public accountant in good standing of some state or a jurisdiction of the United States approved by the board by regulation.
(d) Each partner who is regularly engaged in the practice of public accounting within the United States must be a certified public accountant in good standing of some state [in good standing.
κ1981 Statutes of Nevada, Page 1387 (CHAPTER 636, SB 661)κ
(d)] or jurisdiction of the United States approved by the board by regulation.
(e) Each resident manager in charge of an office of the firm in this state must be a certified public accountant of this state in good standing.
(f) A corporation which is registered pursuant to this section may be a partner, and a partnership so registered may be a general partner, in a partnership engaged in the practice of public accounting.
2. A corporation organized for the practice of public accounting shall register with the board as a corporation of certified public accountants [provided] if it meets the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board; but the corporation may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant of some state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant of some state in good standing.
(c) At least one shareholder of the corporation must be a certified public accountant of this state in good standing.
(d) Each resident manager in charge of an office of the corporation in this state and each shareholder or director who is regularly and personally engaged within this state in the practice of public accounting must be a certified public accountant of this state in good standing.
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(f) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
3. Application for registration must be made upon the affidavit of a general partner [or shareholder who is] of a partnership, or a shareholder for a corporation, who holds a live permit to practice in this state as a certified public accountant. [of this state in good standing.] The board shall in each case determine whether the applicant is eligible for registration [.] and may charge an initial fee and an annual renewal fee set by the board by regulation. A partnership or corporation which is so registered [and which holds a permit issued under NRS 628.380] may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its partnership or corporate name. Notice must be given to the board within 1 month after the admission to or withdrawal of a partner or shareholder from any partnership or corporation so registered.
Sec. 28. NRS 628.350 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1388 (CHAPTER 636, SB 661)κ
628.350 [After May 1, 1973, a] A license as a public accountant [shall] may be issued only to persons who have met the requirements of NRS 628.190 [.] and 628.210.
Sec. 29. NRS 628.360 is hereby amended to read as follows:
628.360 1. A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of public accountants and meet the following requirements:
(a) At least one general partner thereof must be a certified public accountant or a registered public accountant of this state in good standing.
(b) Each partner thereof personally and regularly engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant or a registered public accountant of this state in good standing.
(c) Each resident manager in charge of an office of a firm in this state must be a certified public accountant or a registered public accountant of this state in good standing.
(d) A corporation which is registered pursuant to this section may be a partner, and a partnership so registered may be a general partner, in a partnership engaged in the practice of public accounting.
2. A corporation organized for the practice of public accounting [must] shall register with the board as a corporation of public accountants [provided] if it meets the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board; but the corporation may invest its funds in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant in any state or a public accountant of this state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant or registered public accountant of this state in good standing.
(c) Each resident manager in charge of an office of the corporation in this state must be a certified public accountant or a registered public accountant of this state in good standing.
(d) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(e) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
3. Application for registration must be made upon the affidavit of a general partner for a partnership, or shareholder for a corporation, who holds a live permit to practice in this state as a certified public accountant or as a registered public accountant.
κ1981 Statutes of Nevada, Page 1389 (CHAPTER 636, SB 661)κ
holds a live permit to practice in this state as a certified public accountant or as a registered public accountant. The board shall in each case determine whether the applicant is eligible for registration. The board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A partnership or corporation which is so registered [and which holds a permit issued under NRS 628.380] may use the words public accountants in connection with its partnership or corporate name. Notice must be given to the board, within 1 month, after the admission to or withdrawal of a partner or shareholder from any partnership or corporation so registered.
Sec. 30. NRS 628.370 is hereby amended to read as follows:
628.370 1. Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant, or partnership or corporation of certified public accountants, or by a registered public accountant or a partnership or corporation of registered public accountants, [or by one registered under NRS 628.330 shall] must be registered annually under this chapter with the board. No fee [shall] may be charged for [such] this registration.
2. Each [such office shall] office must be under the direct supervision of a resident manager, who may be [either a principal or a staff] a partner, shareholder or employee holding a live permit, [under NRS 628.380, which is in full force and effect,] but the title or designation certified public accountant or the abbreviation C.P.A. [shall] or CPA may not be used in connection with [such] that office unless [such] the resident manager is the holder of a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, and a live permit. [issued under NRS 628.380, both of which are in full force and effect. Such] A resident manager may serve in [such] that capacity at one office only.
3. The board shall by regulation prescribe the procedure to be followed in [effecting such registrations.] registering offices.
Sec. 31. NRS 628.380 is hereby amended to read as follows:
628.380 1. Permits to engage in the practice of public accounting in this state [shall] must be issued by the board to holders of the certificate of certified public accountant issued under NRS 628.190 to 628.310, inclusive, and to [persons, partnerships or corporations registered under NRS 628.330, 628.340, 628.350 and 628.360, provided] registered public accountants registered or licensed pursuant to NRS 628.350, if all offices of [such] the certificate holder or registrant are maintained and registered as required under NRS 628.370, and [further provided] if the certificate holder or registrant has complied with the continuing education requirements provided in this chapter and in the boards [rules and] regulations.
2. [There shall be an annual permit fee in an amount to be determined, from time to time, by the board, not to exceed $100.
3.] All permits [shall] expire on December 31 of each year and may be renewed annually for a period of 1 year by certificate holders and registrants in good standing upon payment of an annual renewal fee [of not to exceed $100, and upon a showing that the certificate holder or registrant has complied with the continuing education requirements provided in this chapter and the boards rules and regulations.
κ1981 Statutes of Nevada, Page 1390 (CHAPTER 636, SB 661)κ
or registrant has complied with the continuing education requirements provided in this chapter and the boards rules and regulations.
4.] set by the board by regulation.
3. Failure of a certificate holder or registrant to apply for [such] an annual permit to practice within:
(a) Three years [from] after the expiration date of the permit to practice last obtained or renewed; or
(b) Three years [from] after the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him,
[shall deprive] deprives him of the right to [such] a permit, unless the board, in its discretion, determines [such failure to have been due to] that the failure was caused by excusable neglect. [In such case the renewal fee or the fee for the issuance of the original permit, as the case may be, shall be such amount as the board shall, from time to time, determine, but not in excess of $450.]
4. The board shall adopt a regulation specifying the fee for issuance or renewal of a permit more than 3 years after the expiration of a previous permit or granting of a certificate or registration.
5. The board may provide by regulation for the placing of certificates and registrations in a retired or inactive status. The regulation may provide for a procedure for applying for retired or inactive status and for applying to return to active status, and must specify fees, if any, to accompany the applications.
Sec. 32. NRS 628.385 is hereby amended to read as follows:
628.385 The legislature finds that:
1. The explosion of knowledge and the increasing complexity of practice make it essential that certified public accountants and public accountants continue to develop their competence [.] and maintain the general quality of the practice of their profession.
2. The public interest requires that certified public accountants and registered public accountants provide competent service in all areas of their practice.
3. Formal programs of continuing education provide certified public accountants and public accountants with the opportunity to maintain [and improve their competence.] the general quality of the practice of their profession.
4. It is in the public interest to require that certified public accountants and registered public accountants who have certificates and who have been registered, respectively, under the provisions of this chapter comply with [continuing education] requirements for continuing education adopted by the board as a prerequisite to the issuance or renewal of permits to engage in the practice of public accounting pursuant to NRS 628.380. [on and after December 31, 1974.]
Sec. 33. NRS 628.386 is hereby amended to read as follows:
628.386 1. The board may by regulation prescribe, amend or repeal rules including but not limited to:
(a) A definition of basic requirements for continuing education;
(b) A delineation of qualifying programs; and
(c) A system of control and reporting.
κ1981 Statutes of Nevada, Page 1391 (CHAPTER 636, SB 661)κ
2. In exercising its power under this section, the board shall establish standards which will assure reasonable currency of knowledge as a basis for a high standard of practice by certified public accountants and registered public accountants. The standards [shall] must be established in a manner to assure that a variety of alternatives are available to certificate holders and registrants to comply with the [continuing education] requirements of continuing education for renewal of permits and [taking] must take cognizance of specialized areas of practice.
Sec. 34. NRS 628.388 is hereby amended to read as follows:
628.388 The board may appoint a [continuing education] committee on continuing education consisting of certified public accountants and registered public accountants in active practice and holding [a valid permit.] live permits. Upon assignment and as directed by the board, the committee shall assist the board in the administration of the [continuing education] provisions of this chapter [.] for continuing education.
Sec. 35. NRS 628.390 is hereby amended to read as follows:
628.390 1. After giving notice and conducting a hearing, [as provided in NRS 628.410,] the board may revoke, or may suspend for a period [not to exceed 3] of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, [or] any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may censure the holder of any [such] permit, for any one or any combination of the following causes:
[1.] (a) Fraud or deceit in obtaining a certificate as certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.
[2.] (b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting [.] or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.
[3.] (c) Violation of any of the provisions of [NRS 628.450 to 628.550, inclusive.] this chapter.
[4.] (d) Violation of a regulation or rule of professional conduct [promulgated] adopted by the board under the authority granted by this chapter.
[5.] (e) Conviction of a felony under the laws of any state or of the United States.
[6.] (f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
[7.] (g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee [in such other state.] or to comply with requirements for continuing education or review of his practice in the other state.
[8.] (h) Suspension or revocation of the right to practice before any state or federal agency.
κ1981 Statutes of Nevada, Page 1392 (CHAPTER 636, SB 661)κ
[9. Failure to become a citizen of the United States within 6 years by any person not a citizen of the United States when he received a certificate as certified public accountant under this chapter.
10. Failure of a certificate holder or registrant]
(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within: [either:
(a)] (1) Three years [from] after the expiration date of the permit to practice last obtained or renewed by the certificate holder or registrant; or
[(b)] (2) Three years [from] after the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him, unless [under NRS 628.380 such failure shall have] the failure has been excused by the board. [pursuant to the provisions of NRS 628.380.
11.] (j) Conduct discreditable to the [public accounting] profession [.] of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
2. In addition to other penalties prescribed by this section, the board may impose a civil penalty of not more than $1,000, and may charge the certificate holder or registrant with costs of the proceedings, including attorneys fees and court costs for its recovery.
Sec. 36. NRS 628.400 is hereby amended to read as follows:
628.400 1. After giving notice and conducting a hearing, [as provided in NRS 628.410,] the board shall revoke the registration [and permit to practice] of a partnership or corporation if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration.
2. After giving notice and conducting a hearing, [as provided in NRS 628.410,] the board may revoke or suspend the registration of a partnership or corporation, [or may revoke, suspend or refuse to renew its permit under NRS 628.380 to practice] or may censure the [holder of any such permit] partnership or corporation, or impose a sanction authorized by NRS 628.390, for any of the causes enumerated in NRS 628.390, or for [any] one or both of the following additional causes:
(a) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner or shareholder [.] who is personally engaged in the practice of public accounting in this state, whether or not he holds a live permit in this state.
(b) The cancellation, revocation, suspension or refusal to renew the authority of the partnership or corporation or any partner or shareholder thereof to practice public accounting in any other state for any cause other than failure to pay an annual registration fee [in such] or comply with a requirement for continuing education or practice review in the other state.
Sec. 37. NRS 628.410 is hereby amended to read as follows:
628.410 1. The board may initiate proceedings under this chapter on its own motion or on the complaint of any person.
2. A written notice of the hearing must be served on the [accused] respondent not less than 30 days before the date of the hearing, either personally or by mailing a copy thereof by registered or certified mail to the address of the [accused] respondent last known to the board.
κ1981 Statutes of Nevada, Page 1393 (CHAPTER 636, SB 661)κ
respondent not less than 30 days before the date of the hearing, either personally or by mailing a copy thereof by registered or certified mail to the address of the [accused] respondent last known to the board.
3. If, after having been served with the notice of hearing, the [accused] respondent fails to appear at the hearing and defend, the board may proceed to hear evidence against him and may enter such order as is justified by the evidence. The order is final unless the [accused] respondent petitions for a review thereof. Within 30 days [from] after the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the [accused] respondent to submit evidence in his behalf.
4. At any hearing a corporation may be represented before the board by counsel or by a shareholder who is a certified public accountant or registered public accountant of this state in good standing. The [accused] respondent is entitled, on application to the board, to the issue of subpenas to compel the attendance of witnesses on his behalf.
5. The board, or any member thereof, may issue subpenas to compel the attendance of witnesses and the production of documents. In case of disobedience to a subpena the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.
6. [The board is not bound by technical rules of evidence.] A hearing may be conducted by:
(a) The board, less any member or members who have been disqualified, without the appointment of persons to hear the case in place of the disqualified members; or
(b) A member of the board appointed by the board as a hearing officer, with the remaining members of the board, less any member or members who have been disqualified, to review the record, make a final decision and issue the order,
unless the board, after disqualifications, consists of less than three members to hear or review the case, in which circumstance the governor must appoint one or more qualified persons so that the panel which hears or reviews the case consists of at least three persons.
7. A stenographic record of the hearing must be kept and a transcript thereof filed with the board.
8. At all hearings the attorney general or one of his deputies designated by him or such other legal counsel as may be employed shall appear and represent the board.
9. The decision of the board must be by majority vote thereof.
[10. Any person adversely affected by any order of the board may obtain a review thereof by filing a written petition for review with the district court within 30 days after the entry of the order. The petition must state the grounds upon which the review is asked and request that the order of the board be modified or set aside in whole or in part. A copy of the petition must be served forthwith upon any member of the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. The case must then be tried de novo on the record made before the board, without the introduction of new or additional evidence, but the parties must be permitted to file briefs as in a case at law.
κ1981 Statutes of Nevada, Page 1394 (CHAPTER 636, SB 661)κ
the board, without the introduction of new or additional evidence, but the parties must be permitted to file briefs as in a case at law. The court may affirm, modify or set aside the boards order in whole or in part, or may remand the case to the board for further evidence, and may, in its discretion, stay the effect of the boards order pending its determination of the case. The courts decision has the force of a decree in equity.]
Sec. 38. NRS 628.420 is hereby amended to read as follows:
628.420 Upon application in writing and after a hearing, [pursuant to notice,] the board may: [issue]
1. Issue a new certificate to a certified public accountant whose certificate has been revoked; [, or may permit]
2. Permit the registration of [any person] a public accountant whose registration has been revoked; [, or may reissue]
3. Reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended [.] ; or
4. Modify any action taken against any person or any order which it has issued pursuant to NRS 628.390.
Sec. 39. NRS 628.430 is hereby amended to read as follows:
628.430 All statements, records, schedules, working papers and memoranda made by a certified public accountant or a registered public accountant incident to or in the course of professional service to clients by [such] the accountant, except reports submitted by a certified public accountant or a registered public accountant to a client, [shall be and remain] are the property of [such] the accountant, in the absence of an express agreement between [such] the accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum [shall] may be sold, transferred or bequeathed, without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners or new partners of [such] the accountant or to his corporation.
Sec. 40. NRS 628.440 is hereby amended to read as follows:
628.440 1. Nothing contained in this chapter [shall prohibit any person not a certified public accountant or public accountant] prohibits any person from serving as an employee of, or an assistant to, a certified public accountant or registered public accountant [,] who holds a live permit, or partnership or corporation composed of certified public accountants or registered public accountants [holding a permit to practice issued under NRS 628.380 or a foreign accountant registered under NRS 628.330, provided that such] registered pursuant to NRS 628.340 and 628.360 if the employee or assistant [shall] does not issue any accounting or financial statement over his name.
2. The board may adopt [rules and] regulations providing for the issuance of temporary permits to persons [for the purpose of enabling such persons] who do not hold live permits and do not have a registered office or residence in this state, or to partnerships and corporations which are not registered and have no registered office, to permit those persons, partnerships and corporations to fulfill specific engagements or employments [where the contracts for such engagements and employments were entered into outside] in this state. [Such] A temporary permit: [shall:]
(a) [Be] Is valid for no more than 6 months;
(b) [Cover] Covers only one engagement;
κ1981 Statutes of Nevada, Page 1395 (CHAPTER 636, SB 661)κ
(c) [Not] May not be issued to any [firm,] person unless he is a certified public accountant or registered public accountant of another state or jurisdiction of the United States approved by the board, or to any partnership or corporation unless all of the [members] partners or shareholders thereof are certified public accountants or registered public accountants of another state [or hold certificates as chartered accountants issued under the laws of a foreign country; and
(d) Be issued only to an individual who is a certified public accountant or a registered public accountant of another state or country in good standing or holds a certificate as a chartered accountant issued under the laws of a foreign country.] or a jurisdiction of the United State approved by the board.
3. Each person, partnership and corporation applying for a temporary permit shall file with the board a designation and acceptance of a resident agent for service of legal process and shall pay a fee [to be determined by the board not in excess of $50 prior to] established by the board by regulation before commencing work for a client.
4. The person, partner or shareholder who is responsible for the conduct of the engagement shall be deemed to be personally engaged in the practice of public accounting in this state, and must meet all requirements of NRS 628.310 and requirements for continuing education but must not be eligible for certification under subsection 1 of NRS 628.190.
5. A person who holds a temporary permit is subject to all of the provisions of this chapter relating to discipline. The board may refuse to act upon an application for further permits for a period of time set by the board, or may refuse to issue a temporary permit to any person, partnership or corporation if disciplinary proceedings are pending in any jurisdiction.
Sec. 41. NRS 628.450 is hereby amended to read as follows:
628.450 [1. Except as otherwise provided in subsection 2, no] A person shall not assume or use the title or designation certified public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that [such person] he is a certified public accountant, unless [such person] he has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit, and all of [such persons] his offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
[2. A foreign accountant who has registered under the provisions of NRS 628.330, and who holds a live permit, may use the title under which he is generally known in his country, followed by the name of the country from which he received his certificate, license or degree.]
Sec. 42. NRS 628.460 is hereby amended to read as follows:
628.460 [No] A partnership or corporation shall not assume or use the title or designation certified public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that [such] the partnership or corporation is composed of certified public accountants unless [such] the partnership or corporation is registered as a partnership or corporation of certified public accountants under NRS 628.340 [, holds a live permit] and all offices of [such] the partnership or corporation in this state for the practice of public accounting are maintained as required under NRS 628.370.
κ1981 Statutes of Nevada, Page 1396 (CHAPTER 636, SB 661)κ
this state for the practice of public accounting are maintained as required under NRS 628.370.
Sec. 43. NRS 628.470 is hereby amended to read as follows:
628.470 [No] A person shall not assume or use the title or designation public accountant [] , registered public accountant or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that [such person] he is a public accountant unless [such person is registered as a] he is a registered public accountant, [under NRS 628.350,] holds a live permit, and all of [such persons] his offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370, or unless [such person] he has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit, and all of [such persons] his offices in this state for the practice of public accounting are maintained and registered as required by NRS 628.370.
Sec. 44. NRS 628.480 is hereby amended to read as follows:
628.480 [No] A partnership or corporation shall not assume or use the title or designation public accountant or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that [such] the partnership or corporation is composed of public accountants, unless [such] the partnership or corporation is registered as a partnership or corporation of registered public accountants under NRS 628.360 or as a partnership or corporation of certified public accountants under NRS 628.340 and [holds a live permit, and] all offices of [such partnerships or corporation] the partnership or corporation in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
Sec. 45. NRS 628.490 is hereby amended to read as follows:
628.490 1. Except as otherwise provided in [subsection 2 and 3, no] subsection 2, a person, partnership or corporation shall not assume or use the title or designation certified accountant, [chartered accountant, enrolled accountant, licensed accountant, registered accountant] or any other title or disposition likely to be confused with certified public accountant or public accountant, or any of the abbreviations C.A., P.A., [E.A., R.A. or L.A.,] or similar abbreviations likely to be confused with C.P.A.
2. Anyone who holds a live permit and all of whose offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370 and 628.380 may hold himself out to the public as an accountant or [auditor.
3. A foreign accountant registered under NRS 628.330, who holds a live permit and all of whose offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370, may use the title under which he is generally known in his country, followed by the name of the country from which he received his certificate, license or degree.] auditor and if he is a holder of a certificate, as a certified public accountant, C.P.A. or CPA, or if he is registered, as a public accountant, P.A. or PA.
Sec. 46. NRS 628.510 is hereby amended to read as follows:
628.510 1. Except as otherwise provided in subsection 2, [no] a person shall not sign or affix his name or the name of a partnership or corporation, or any trade or assumed name used by him or by the partnership or corporation in [his profession or] business, with any wording indicating that he is an accountant or auditor, or that the partnership or corporation is authorized to practice as an accountant or auditor or with any wording indicating that he or the partnership or corporation has expert knowledge in accounting or auditing, to any accounting or financial statement, or [to any opinion on, report on or certificate to any accounting or financial statement,] attest to any accounting or financial statement, unless he holds a live permit, or the partnership or corporation is registered pursuant to NRS 628.340 to 628.360, and all of his offices in this state for the practice of public accounting are maintained and registered under NRS 628.370.
κ1981 Statutes of Nevada, Page 1397 (CHAPTER 636, SB 661)κ
corporation, or any trade or assumed name used by him or by the partnership or corporation in [his profession or] business, with any wording indicating that he is an accountant or auditor, or that the partnership or corporation is authorized to practice as an accountant or auditor or with any wording indicating that he or the partnership or corporation has expert knowledge in accounting or auditing, to any accounting or financial statement, or [to any opinion on, report on or certificate to any accounting or financial statement,] attest to any accounting or financial statement, unless he holds a live permit, or the partnership or corporation is registered pursuant to NRS 628.340 to 628.360, and all of his offices in this state for the practice of public accounting are maintained and registered under NRS 628.370.
2. The provisions of subsection 1 [shall] do not prohibit:
(a) Any officer, employee, partner or principal of any organization from affixing his signature to any statement or report in reference to the financial affairs of [such] that organization with any wording designating the position, title or office which he holds in [such] the organization.
(b) Any act of a public official or public employee in the performance of his duties as such.
Sec. 47. NRS 628.520 is hereby amended to read as follows:
628.520 [No] A person shall not sign or affix a partnership or corporate name, with any wording indicating that it is a partnership or corporation composed of accountants or auditors or persons having expert knowledge or special expertise in accounting or auditing, to any accounting or financial statement, [or to any report on or certificate] or attest to any accounting or financial statement, unless the partnership or corporation [holds a live permit] is registered pursuant to NRS 628.340 or 628.360, and all of its offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
Sec. 48. NRS 628.540 is hereby amended to read as follows:
628.540 1. Except as otherwise provided in subsection 2, [no] a person, partnership or corporation [not holding a live permit,] shall not engage in the practice of public accounting or hold himself or itself out to the public as an accountant or auditor by use of either or both of [such] those words, or by use of the word accounting, or any sign, card, letterhead or in any advertisement or directory [.] unless, if a natural person, he holds a live permit, or if a partnership or corporation, it is registered pursuant to NRS 628.340 or 628.360.
2. The provisions of subsection 1 [shall] do not prohibit:
(a) Any officer, employee, partner, shareholder or principal of any organization from describing himself by the position, title or office he holds in [such] that organization.
(b) Any act of a public official or public employee in the performance of his duties as such.
Sec. 49. NRS 628.550 is hereby amended to read as follows:
628.550 [No person shall] 1. A person shall not assume or use the title or designation certified public accountant or public accountant in conjunction with names indicating or implying that there is a partnership or corporation, or in conjunction with the designation and Company or and Co. or a similar designation if [, in any such case,] there is in fact no bona fide partnership or corporation registered under NRS 628.340 or 628.360.
κ1981 Statutes of Nevada, Page 1398 (CHAPTER 636, SB 661)κ
there is in fact no bona fide partnership or corporation registered under NRS 628.340 or 628.360. [; but a] A sole proprietor or partnership lawfully using [such] a title or designation in conjunction with [such] any names or designation on April 1, 1960, may continue to do so if he or it otherwise complies with the provisions of this chapter.
2. A person, partnership or corporation shall not engage in the practice of public accounting under any name which is misleading as to:
(a) The legal form of the firm;
(b) The persons who are partners, officers or shareholders; or
(c) Any other matter.
The names of past partners or shareholders may be included in the name of a firm or its successors.
Sec. 50. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University of Nevada System.
(d) The department of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
2. The department of education is subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
(a) NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;
(b) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
(c) Chapters 616 and 617 of NRS for the determination of contested claims; and
(d) Chapters 704 and 706 of NRS for the judicial review of decisions of the public service commission of Nevada,
prevail over the general provisions of this chapter.
[4.] 5. The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.
Sec. 51. NRS 628.015, 628.025, 628.270, 628.320, 628.330 and 628.445 are hereby repealed.
κ1981 Statutes of Nevada, Page 1399 (CHAPTER 636, SB 661)κ
Sec. 52. When he appoints persons to succeed members of the Nevada state board of accountancy whose terms expire on October 31, 1983, the governor shall appoint one member to a term of 2 years and the remaining members to terms of 3 years.
Sec. 53. Section 37 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Senate Bill No. 488Committee on Government Affairs
CHAPTER 637
AN ACT relating to public borrowing and bonds; amending the limits on the rates of interest governmental entities may pay to borrow; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 349.076 is hereby amended to read as follows:
349.076 Except [where the provisions, whenever enacted, of a general or special law authorize a higher rate, the maximum rate] as otherwise provided by a specific statute, the rate or rates of interest on securities issued by the state [shall not exceed 9 percent per annum.] must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 2. NRS 349.077 is hereby amended to read as follows:
349.077 Except [where the provisions, whenever enacted, of a general or special law prohibit discount or authorize a greater discount,] as otherwise provided by a specific statute, securities issued by the state may be sold at par, above par or below par at a discount of not more than 9 percent of the principal amount, but the effective interest rate [shall not exceed 9 percent per annum.] must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 3. NRS 349.260 is hereby amended to read as follows:
349.260 Except as otherwise provided in the constitution of the state and as otherwise provided in the State Securities Law and in any other act the provisions of which are relevant by express reference herein thereto, any state securities issued hereunder [shall] must be:
1. In such a form;
2. Issued in such a manner, at, above or below par at a discount not exceeding 9 percent of the principal amount of the securities, and at a price which will result in an effective interest rate [of not more than 9 percent per annum;] which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted;
3. Issued with such provisions:
κ1981 Statutes of Nevada, Page 1400 (CHAPTER 637, SB 488)κ
(a) For the application of any accrued interest and any premium from the sale of any bonds or other state securities hereunder as provided in NRS 349.294;
(b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
(c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
(d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
(e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
(f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment.
(g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise;
(h) For the deposit of [moneys,] money, federal securities or other securities of the Federal Government, or both [moneys and all] money and such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and
(i) For the payment of costs of expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities; and
4. Issued otherwise with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the commission in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 4. NRS 349.276 is hereby amended to read as follows:
349.276 1. As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, [shall:] must: