[Rev. 2/27/2019 1:36:17 PM]
κ1985 Statutes of Nevada, Page 241 (CHAPTER 82, SB 59)κ
months from the date of sale, the balance [shall] must be paid into the county school district fund.
4. The highest bidder at the sale shall immediately pay the amount bid in cash and [shall] receive title to the animals sold, subject only to [the] any prior lien [hereinabove specified;] appearing of record in the county; but before [such] title vests in the successful bidder there [shall] must be filed with the recorder of the county in which the sale was held a certificate executed by the person conducting the sale, to which must be attached the publishers proof of publication of the notice of sale to foreclose the lien . [hereinabove provided for.] The certificate [shall] must specify:
(a) The name and address of the buyer.
(b) That the buyer was the highest bidder.
(c) The amount bid and paid.
(d) The kind, color, size, weight, brand, if any, and earmarks, if any, of the animal or animals sold.
5. No person requesting or consenting to the furnishing of feed, pasture or board [shall be] is entitled to assert a lien prior to that [herein] provided for [.] in this section.
6. This section is intended to supplement existing law and the remedy [herein provided shall not be] provided in this section is not exclusive. [Nothing in this section shall be construed so as to] This section does not deprive the lienholder from resorting to any other legal remedy . [now or hereafter available.]
Sec. 44. NRS 108.710 is hereby amended to read as follows:
108.710 The lien created in NRS 108.670 to 108.760, inclusive, may be satisfied as follows:
1. The lienholder shall give written notice to the person on whose account the charges secured by [such] the lien were incurred and to any other person known to have or claim an interest in the boat or vessel upon which the lien is asserted.
2. The notice [shall] must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of the person or persons to be notified, and if no address is known then addressed to [such] the person or persons at the place where the lien claimant has his place of business.
3. The notice [shall] must contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.
(b) A brief description of the boat or vessel against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of such further claim as [shall accrue, shall] may accrue, must be paid on or before a day mentioned . [, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.]
(d) A statement that unless the claim is paid within the time specified the boat or vessel will be advertised for sale, and sold by auction at a specified time and place.
κ1985 Statutes of Nevada, Page 242 (CHAPTER 82, SB 59)κ
the boat or vessel will be advertised for sale, and sold by auction at a specified time and place.
4. The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is personally delivered; or
(b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
5. In accordance with the terms of a notice so given, a sale by auction may be [had] held to satisfy any valid claim which has become a lien on the boat or vessel. The sale [shall be had] must be held in the place where the lien was acquired, or, if [such] the place is manifestly unsuitable for the purpose, at the nearest suitable place.
[5.] 6. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the boat or vessel to be sold, and stating the name of the owner or person on whose account the [same] sale is held, and the time and place of the sale, [shall] must be published once a week for 2 consecutive weeks, being three successive weekly issues, in a newspaper published in the place where [such] the sale is to be held, but if no newspaper is published in [such] that place then in [some] a newspaper having a general circulation in [such] that place. The sale [shall] must not be held less than 15 days from the time of the first publication.
[6.] 7. From the proceeds of [such] the sale the lienholder shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of [such proceeds shall] the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the boat or vessel.
Sec. 45. NRS 120A.070 is hereby amended to read as follows:
120A.070 Financial organization means any savings and loan association, building and loan association, thrift company, credit union, cooperative bank or investment company . [engaged in business in this state.]
Sec. 46. NRS 120A.280 is hereby amended to read as follows:
120A.280 1. Within 180 days after the filing of the report required by NRS 120A.250, the administrator shall cause notice to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county in this state in which is located the last known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has his principal place of business within this state.
2. The published notice must be entitled Notice of Names of Persons Appearing To Be Owners of Abandoned Property, and must contain:
(a) The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice within the county.
κ1985 Statutes of Nevada, Page 243 (CHAPTER 82, SB 59)κ
(b) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the division.
(c) A statement [that if] of the provisions of subsection 3.
3. If proof of the claim is not presented by the owner to the holder and if the owners right to receive the property is not established to the holders satisfaction within 60 days after the date of the second published notice, the abandoned property will be placed not later than 80 days after [such] the publication date in the custody of the division, to which all further claims must thereafter be directed.
[3.] 4. The administrator is not required to publish in [such] the notice any item valued at less than $25 unless he deems [such] the publication to be in the public interest.
Sec. 47. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license must be substantially in the following form:
Marriage License
|
State of Nevada
County of................................................................................... |
}ss. |
These presents are to authorize any minister who has obtained a certificate of permission, any supreme court justice or district judge within this state, or justice of the peace within a township wherein he is permitted to solemnize marriages, or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ................. of (City, town or location) ................, State of ................. State of birth (If not in U.S.A., name of country) .................; Date of birth ................. Fathers name ................. Fathers state of birth (If not in U.S.A., name of country) ................. Mothers maiden name ................. Mothers state of birth (If not in U.S.A., name of country) ................. Number of this marriage (1st, 2nd, etc.) ........ Wife deceased ................. Divorced ................. Annulled ................. When ................. Where ................. And ................. of (City, town or location) ................., State of ................. State of birth (If not in U.S.A., name of country).................; Date of birth ................. Fathers name ................. Fathers state of birth (If not in U.S.A., name of country) ................. Mothers maiden name ................. Mothers state of birth (If not in U.S.A., name of country ................. Number of this marriage (1st, 2nd, etc.) ........ Husband deceased ................. Divorced ................. Annulled ................. When .................................. Where .................; and to certify the marriage according to law.
Witness my hand and the seal of the county, this ...... day of ................. A.D. 19........
.......................................................
(Seal) Clerk
.......................................................
Deputy clerk
κ1985 Statutes of Nevada, Page 244 (CHAPTER 82, SB 59)κ
Sec. 48. NRS 128.105 is hereby amended to read as follows:
128.105 An order of the court for termination of parental rights may be made on the grounds that the termination is in the childs best interest in light of the considerations set forth in this section and NRS 128.106 to 128.108, inclusive:
1. Abandonment of the child;
2. Neglect of the child;
3. Unfitness of the parent;
4. Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
5. Only token efforts by the parent or parents:
(a) To support or communicate with the child;
(b) To prevent neglect of the child;
(c) To avoid being an unfit parent; or
(d) To eliminate the risk of serious physical, mental or emotional injury to the child; or
6. With respect to termination of the parental rights of one parent, the abandonment by that parent.
Sec. 49. NRS 147.030 is hereby amended to read as follows:
147.030 After the notice [shall have] has been given as required by NRS 147.010, a copy thereof, with the affidavit of publication [and posting, shall] must be filed.
Sec. 50. NRS 163.230 is hereby amended to read as follows:
163.230 1. A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to a trustee or trustees of a trust established or created by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts), if the trust is identified in the testators will and the terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testators will, or in the valid last will of a person who has predeceased the testator (regardless of the existence, size or character of the corpus of the trust).
2. The devise or bequest [shall not be] is not invalid because the trust is amendable or revocable, or both, or because the trust was amended [by the terms of the will] after the execution of the will or after the death of the testator.
3. Unless the testators will provides otherwise, the property so devised or bequeathed:
(a) Shall not be deemed to be held under a testamentary trust of the testator but [shall become] is a part of the trust to which it is given; and
(b) [Shall] Must be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of testators will) or any modifications or amendments whenever made, which are made pursuant to the Charitable Trust Act of 1971, and, if the testators will so provides, including any amendments to the trust made after the death of the testator.
κ1985 Statutes of Nevada, Page 245 (CHAPTER 82, SB 59)κ
trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of testators will) or any modifications or amendments whenever made, which are made pursuant to the Charitable Trust Act of 1971, and, if the testators will so provides, including any amendments to the trust made after the death of the testator.
4. A revocation or termination of the trust before the death of the testator [shall cause] causes the devise or bequest to lapse.
Sec. 51. NRS 165.040 is hereby amended to read as follows:
165.040 1. Except as provided in subsection 3, within 75 days after the expiration of the first year after the first qualifying testamentary trustee was under a duty to file his inventory, as prescribed in NRS 165.030, or, at his election, within 75 days after the expiration of the testamentary trustees first fiscal year, the testamentary trustee then in office shall file with the district court of the county where the will was admitted to probate an intermediate account under oath covering the year and showing:
(a) The period which the account covers;
(b) The names and addresses of the living beneficiaries known to the trustee, with a statement as to those known to be minors or under legally declared disability, a description of any possible unborn or unascertained beneficiaries, and the name of the surety or sureties on the trustees bond with the amount of the bond;
(c) In a separate schedule, additions to trust principal during the accounting period with the dates and sources of acquisition, investments collected, sold or charged off during the accounting period, investments made during the accounting period, with the date, source and cost of each, deductions from principal during the accounting period, with the date and purpose of each, and the trust principal, invested or uninvested, on hand at the end of the accounting period, reflecting the approximate market value thereof;
(d) In a separate schedule the trust income on hand at the beginning of the accounting period, and in what form held, trust income received during the accounting period, when, and from what source, trust income paid out during the accounting period, when, to whom, and for what purpose, trust income on hand at the end of the accounting period, and how invested;
(e) That neither any seller [of,] to, nor buyer from, the trustee of trust property during the accounting period was at the time of the sale or purchase:
(1) In the case of a corporate trustee, an affiliate or any officer, employee, or nominee of the trust or of an affiliate; or
(2) In the case of a noncorporate trustee, a relative, partner, employer, employee or business associate;
but none of the provisions of this paragraph apply to purchases and sales made by brokers for the trustee or to stock exchanges;
(f) A statement of unpaid claims with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust property, and if due, whether paid;
κ1985 Statutes of Nevada, Page 246 (CHAPTER 82, SB 59)κ
taxes have become due with regard to the trust property, and if due, whether paid;
(g) A brief summary of the account; and
(h) Such other facts as the court may by rule or court order require.
2. Except as provided in subsection 3, within 30 days after the end of each yearly period thereafter during the life of the trust, the testamentary trustee then in office shall file with the same court an intermediate account under oath showing corresponding facts regarding the current accounting period.
3. A corporate trustee is not required to file the intermediate accounts specified in subsections 1 and 2. A corporate trustee must include the information specified in subsection 1 in the final account for the entire time for which the trustee administered the trust.
Sec. 52. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables and their deputies when carrying out their official duties;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. [The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7.] Marshals and policemen of cities and towns;
[8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his assistant and deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;
16. Division of state parks employees designated by the administrator of the division of state parks in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
κ1985 Statutes of Nevada, Page 247 (CHAPTER 82, SB 59)κ
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative agents of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 or NRS 463.1405 or when investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;
19. The director, division chiefs, investigators, agents and other sworn personnel of the investigation division of the department of motor vehicles;
20. Investigators of the bureau of enforcement of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;
21. Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;
22. Security officers of the legislature of the State of Nevada when carrying out duties prescribed by the legislative commission;
23. Group supervisors of the Nevada girls training center and the Nevada youth training center when carrying out any duties prescribed by the superintendents of their respective institutions;
24. Security officers employed by a city or county when carrying out duties prescribed by ordinance;
25. Security officers of the buildings and grounds division of the department of general services when carrying out duties prescribed by the director of the department of general services; and
26.] and
6. Any other officer or employee of state or local government upon whom [the power of a peace officer is] some or all of the powers of a peace officer are conferred by specific statute.
Sec. 53. NRS 199.242 is hereby amended to read as follows:
199.242 It is not a defense to a prosecution under NRS 199.230 [, 199.235] or 199.240 to show that:
1. An official proceeding was not pending or about to be instituted; or
2. The testimony sought or the record, document or other object to have been produced would have been legally privileged or inadmissible in evidence.
Sec. 54. NRS 200.400 is hereby amended to read as follows:
200.400 1. As used in this section, except in the term sexual assault:
(a) Assault means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
(b) Battery means any willful and unlawful use of force or violence upon the person of another.
2. [Any] Unless a greater penalty is provided in NRS 200.471, any person convicted of assault with intent to kill, commit sexual assault, mayhem, robbery or grand larceny shall be punished for a gross misdemeanor.
κ1985 Statutes of Nevada, Page 248 (CHAPTER 82, SB 59)κ
person convicted of assault with intent to kill, commit sexual assault, mayhem, robbery or grand larceny shall be punished for a gross misdemeanor.
3. Any person convicted of battery with intent to kill, commit sexual assault, mayhem, robbery or grand larceny shall be punished by imprisonment in the state prison for not less than 2 years nor more than 10 years, and may be further punished by a fine of not more than $10,000, except that if a battery with intent to commit a sexual assault is committed, and if the crime results in substantial bodily harm to the victim, the person convicted shall be punished by imprisonment in the state prison for life, with or without the possibility of parole, as determined by the verdict of the jury, or the judgment of the court if there is no jury.
4. If the penalty is fixed at life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
Sec. 55. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section, assault means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
2. Any person convicted of an assault [under circumstances to which subsection 2 of NRS 200.400 does not apply] shall be punished:
(a) If subsection 2 of NRS 200.400 does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 56. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A [peace officer as defined in NRS 169.125;] person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department; or
(4) A jailer, guard, matron or other correctional officer of a city or county jail.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in NRS 197.090, for a misdemeanor.
κ1985 Statutes of Nevada, Page 249 (CHAPTER 82, SB 59)κ
where a greater penalty is provided in NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer,
by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
(e) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
Sec. 57. NRS 200.5099 is hereby amended to read as follows:
200.5099 1. Any person who knowingly and willfully violates NRS 200.5092 to [200.5099,] 200.5095, inclusive, is guilty of a misdemeanor.
2. 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. [A person who has no legal responsibility or contractual obligation to care for an older person may be convicted of neglecting an older person only if he has voluntarily assumed responsibility for the older person.]
3. A person who violates any provision of subsection 2, 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.
4. 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.
κ1985 Statutes of Nevada, Page 250 (CHAPTER 82, SB 59)κ
Sec. 58. NRS 202.2492 is hereby amended to read as follows:
202.2492 A person who violates NRS 202.2491 [is guilty of a misdemeanor punishable by a fine of] shall be fined not less than $10 nor more than $100.
Sec. 59. NRS 205.134 is hereby amended to read as follows:
205.134 1. A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or draft without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than [$500,] $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. The superintendent of the state printing and records division of the department of general services shall prepare the notice and supply copies of it on demand. The superintendent may charge a fee based on cost for each copy of the notice which is supplied.
3. Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.
Sec. 60. NRS 205.225 is hereby amended to read as follows:
205.225 1. Every person who:
(a) Feloniously steals, takes and carries, leads, drives or entices away:
(1) One or more horses, cattle, mules, asses, sheep, goats or swine, of any age or sex; or
(2) One or more other domestic animals or poultry having an aggregate value of $100 or more,
not his own property but belonging to some other person;
(b) Marks or brands, or causes to be marked or branded, or alters or defaces or causes to be altered or defaced a mark or brand upon any animal described in subparagraph (1) of paragraph (a), not his own property but belonging to some other person, with intent thereby to steal the animal or to prevent the identification thereof by the true owner, or to defraud;
(c) With intent to defraud or to appropriate to his own use, willfully kills any animal, animals or poultry running at large, of the kinds described in subparagraph (1) of paragraph (a) or having an aggregate value of $100 or more, not his own, whether branded, marked or not; or
(d) Sells or purchases, with intent to defraud, the hide or carcass of any animal described in subparagraph (1) of paragraph (a) the brand or mark on which has been cut out or obliterated,
κ1985 Statutes of Nevada, Page 251 (CHAPTER 82, SB 59)κ
any animal described in subparagraph (1) of paragraph (a) the brand or mark on which has been cut out or obliterated,
is guilty of grand larceny, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and by a fine of not less than $1,000 for each animal which was involved.
2. [The following are subject to forfeiture:
(a) Any material, product or equipment, including any vehicle, which is used in violation of subsection 1.
(b)] All proceeds from any sale made in violation of subsection 1 [.] are subject to forfeiture.
3. The court may order a person convicted pursuant to subsection 1 to make restitution to the victim of his crime for the value of each animal which was involved.
Sec. 61. NRS 205.380 is hereby amended to read as follows:
205.380 1. Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
(a) If the value of the thing or labor so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
(b) If the value of the thing or labor so fraudulently obtained was less than $100, for a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,
stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of intent to defraud.
κ1985 Statutes of Nevada, Page 252 (CHAPTER 82, SB 59)κ
4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank, in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property, rent or labor so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. If the value of the property, rent or labor so fraudulently obtained was less than $100, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than [$500,] $1,000, or by both fine and imprisonment.
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing and records division of the department of general services, who may charge a fee based on the cost for each copy of the notice supplied to any person.
Sec. 62. NRS 209.231 is hereby amended to read as follows:
209.231 1. Any money received from the operation of any honor camp established under this chapter or from the assignment of any honor camp crew, to the extent that [such] the money is not used for salaries, overhead or operating expenses of any [such] camp or crew, [shall] must be placed in the division of forestry account.
2. The state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, may:
(a) Expend the [moneys] money received pursuant to subsection 1 for:
(1) The renovation, repair or improvement of buildings and [other facilities] real property for any honor camp.
(2) The acquisition of special clothing, tools and equipment and payment of expenses directly related to work projects performed by honor camp crews such as, but not limited to, the costs of utilities and operation of equipment.
(b) Direct all activities in connection with any [such] renovation, repair or improvement of buildings and [other facilities] real property for any honor camp or any honor camp work project.
Sec. 63. NRS 209.382 is hereby amended to read as follows:
209.382 1. The state health officer shall periodically examine and shall report to the board semiannually upon the following operations of the department of prisons:
κ1985 Statutes of Nevada, Page 253 (CHAPTER 82, SB 59)κ
shall report to the board semiannually upon the following operations of the department of prisons:
(a) The medical and dental services and [facilities,] places where they are provided, based upon the standards for health and care facilities as provided [by law.] in chapter 449 of NRS.
(b) The nutritional adequacy of the diet of incarcerated offenders taking into account the religious or medical dietary needs of an offender and the adjustment of dietary allowances for age, sex and level of activity.
(c) The sanitation, healthfulness, cleanliness and safety of its various institutions and facilities.
2. The board shall take appropriate action to remedy any deficiencies reported under subsection 1.
Sec. 64. NRS 209.419 is hereby amended to read as follows:
209.419 1. Communications made by an offender on any telephone in an institution or facility to any person outside the institution or facility may be intercepted if:
(a) The interception is made by an authorized employee of the department; and
(b) Signs are posted near all telephones in the institution or facility indicating that communications may be intercepted.
2. The director shall provide notice or cause notice to be provided to both parties to a communication which is being intercepted pursuant to subsection 1, indicating that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties during the communication shall be deemed notice to both parties that the communication is being intercepted.
3. The director shall adopt regulations providing for an alternate method of communication for those communications by offenders which are confidential.
4. A communication made by an offender is confidential if it is made to:
(a) A federal or state officer.
(b) A local governmental officer who is at some time responsible for the custody of the offender.
(c) An officer of any court.
(d) An attorney who has been admitted to practice law in any state or is employed by a recognized agency providing legal assistance.
(e) A reporter or editorial employee of any organization that reports general news including, but not limited to, any wire service or news service, newspaper, periodical, press association or radio or television station.
(f) The director.
(g) Any other employee of the department whom the director may, by regulation, designate.
5. Reliance in good faith on a request or order from the director or his authorized representative constitutes a complete defense to any action brought against any public utility intercepting or assisting in the interception of communications made by offenders pursuant to subsection 1.
κ1985 Statutes of Nevada, Page 254 (CHAPTER 82, SB 59)κ
interception of communications made by offenders pursuant to subsection 1.
Sec. 65. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, [establish facilities which] approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders or lease space or [facilities] equipment within the institutions to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. The director may first deduct from the wages of any offender such amounts as the director deems reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.
2. The director, with the approval of the board, may:
(a) [Equip and operate facilities] Provide equipment, space and management for services and manufacturing by offenders.
(b) Employ craftsmen and other personnel to supervise and instruct offenders.
(c) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(d) Lease spaces and [facilities] equipment within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(e) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
(f) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 66. NRS 210.270 is hereby amended to read as follows:
210.270 1. All officers and employees of the school have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.
2. Group supervisors have the powers of peace officers when carrying out duties prescribed by the superintendent.
Sec. 67. NRS 210.700 is hereby amended to read as follows:
210.700 1. All officers and employees of the school have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.
2. Group supervisors have the powers of peace officers when carrying out duties prescribed by the superintendent.
κ1985 Statutes of Nevada, Page 255 (CHAPTER 82, SB 59)κ
Sec. 68. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
Security officers of the legislature of the State of Nevada have the powers of peace officers when carrying out duties prescribed by the legislative commission.
Sec. 69. NRS 218.280 is hereby amended to read as follows:
218.280 Except as provided in NRS 218.277 to 218.279, inclusive, all bills and resolutions [shall] must be introduced in triplicate; and one copy of each bill or resolution [shall] must be marked original, one [shall] must be marked duplicate, and one [shall] must be marked triplicate. The [copy marked duplicate shall be sent to the superintendent of the state printing and records division of the department of general services for the purpose of printing, and the copy marked triplicate shall] copies marked duplicate and triplicate must be referred to the legislative counsel [.] for photocomposition and filing.
Sec. 70. NRS 228.080 is hereby amended to read as follows:
228.080 1. The attorney general may appoint as many deputies as he may deem necessary to perform fully the duties of his office. All deputies so appointed 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 must be filed in the office of the secretary of state.
3. Deputy attorneys general shall not engage in the private practice of law.
4. Special investigators employed by the attorney general have the powers of peace officers.
Sec. 71. NRS 232.620 is hereby amended to read as follows:
232.620 The director:
1. Shall appoint administrators of the divisions of the department, subject to the approval of the governor, who are respectively designated as follows:
(a) The administrator of the division of administrative services.
(b) The administrator of the division of occupational safety and health.
(c) The administrator of the division of mine inspection.
(d) The administrator of the division of industrial insurance regulation.
2. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 512 [, 608 to 611, inclusive,] and 616 to 618, inclusive, of NRS, and all other provisions of law relating to the functions of the divisions of the department.
3. Has such other powers and duties as are provided by law.
Sec. 72. NRS 232.700 is hereby amended to read as follows:
232.700 The insurers, the division of insurance, the department of commerce and any other state agency or division having functions dealing with chapters 512 [, 608 to 611, inclusive,] or 616 to 618, inclusive, of NRS shall cooperate with the director in the performance of his duties and shall provide the director with any information, statistics [,] or data in their records as he requires.
κ1985 Statutes of Nevada, Page 256 (CHAPTER 82, SB 59)κ
commerce and any other state agency or division having functions dealing with chapters 512 [, 608 to 611, inclusive,] or 616 to 618, inclusive, of NRS shall cooperate with the director in the performance of his duties and shall provide the director with any information, statistics [,] or data in their records as he requires.
Sec. 73. NRS 233.210 is hereby amended to read as follows:
233.210 Any person who willfully resists, prevents, impedes or interferes with the commission, its members, the director or agents in the performance of duties pursuant to this chapter [is guilty of a misdemeanor and, upon conviction thereof,] shall be fined not more than $500.
Sec. 74. NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After [its hearing on a proposed] adopting a regulation, the agency shall submit an original and four copies of each regulation adopted, except an emergency regulation or a temporary regulation, to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.
2. The legislative commission or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 3 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held. If the commission or committee does not object to a regulation within 35 days after its receipt, the director of the legislative counsel bureau shall promptly file the regulation with the secretary of state and notify the agency of the filing. If the committee objects to a regulation, the director shall not file it but shall present it to the commission at the next meeting.
3. The legislative commission shall notify the director of the results of its review. If the commission does not object to a regulation, the director shall accept the regulation as it was submitted, promptly file it with the secretary of state and notify the agency of the filing. If the commission determines that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of the commissions objection, including a statement of the reasons for its objection, and shall return the regulation to the agency.
Sec. 75. NRS 233B.080 is hereby amended to read as follows:
233B.080 When any regulation filed with the secretary of state expires by its own terms or is [superseded or revoked,] replaced by an amended regulation or repealed, and the adopting agency so informs the secretary of state, the secretary of state shall cause the [same] regulation to be placed in an inactive file.
κ1985 Statutes of Nevada, Page 257 (CHAPTER 82, SB 59)κ
expires by its own terms or is [superseded or revoked,] replaced by an amended regulation or repealed, and the adopting agency so informs the secretary of state, the secretary of state shall cause the [same] regulation to be placed in an inactive file.
Sec. 76. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
A board of county commissioners may employ security officers who have the powers of peace officers when they are carrying out duties prescribed by ordinance.
Sec. 77. NRS 244.2961 is hereby amended to read as follows:
244.2961 The board of county commissioners may:
1. Organize, regulate and maintain a fire department.
2. Appoint and prescribe the duties of the fire chief.
3. Designate arson investigators as peace officers.
4. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept.
[4.] 5. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
Sec. 78. NRS 244.350 is hereby amended to read as follows:
244.350 1. The board of county commissioners, and in counties having a population of less than 250,000, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the sheriff of that county constitute a liquor board. The liquor board may, without further compensation, grant or refuse liquor licenses, and revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation. The board shall elect a chairman from among its members.
2. The liquor board in each of the several counties shall enact ordinances:
(a) Regulating the sale of intoxicating liquors in their respective counties.
(b) Fixing the hours of each day during which liquor may be sold or disposed of.
(c) Prescribing the conditions under which liquor may be sold or disposed of.
(d) Prohibiting the employment or service of minors in the sale or disposition of liquor.
(e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.
3. In counties having a population of 250,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the liquor board shall refer any petition for a liquor license to the metropolitan police department.
κ1985 Statutes of Nevada, Page 258 (CHAPTER 82, SB 59)κ
refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the boards next regular meeting.
4. All liquor dealers within any incorporated city or town are exempt from the effect of this section, and are to be regulated only by the government of that city or town.
5. The liquor board shall not deny a license to a person solely because he is not a citizen of the United States.
Sec. 79. NRS 244A.059 is hereby amended to read as follows:
244A.059 1. Subject to the provisions of chapter 350 of NRS, [as from time to time amended,] any board, upon behalf of the county and in its name, [is authorized and empowered to] may issue the countys general obligation bonds to acquire, improve and equip (or any combination thereof), any project herein authorized, or any part thereof, and thereby to defray the cost of the project wholly or in part.
2. [No county shall ever] A county shall not become indebted by the issuance of bonds or other securities constituting an indebtedness, whether [such] the bonds are issued hereunder or under a special or local law, to an amount in the aggregate, including existing indebtedness of the county, but excluding any outstanding revenue bonds, any outstanding special assessment bonds, or any other outstanding special obligation securities, any short-term securities issued in anticipation of and payable from general (ad valorem) taxes levied for the current fiscal year, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last assessed valuation of the taxable property of the county.
Sec. 80. NRS 244A.447 is hereby amended to read as follows:
244A.447 Subject to the provisions of NRS 244A.445, for any recreational facilities authorized in NRS 244A.441 to 244A.453, inclusive, the board of any county [, as the board may determine from time to time,] may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other county securities, and in connection with [such] the undertaking or [such] the recreational facilities, the board may otherwise proceed as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 81. NRS 244A.641 is hereby amended to read as follows:
244A.641 The bonds and any coupons [shall] must be executed in the manner provided in the Local Government Securities Law ; [, as from time to time amended;] but the bonds [shall] must also bear the manual or facsimile signature of the chairman of the county fair and recreation board.
Sec. 82. NRS 252.050 is hereby amended to read as follows:
252.050 1. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 2,500, district attorneys shall keep an office at the county seat of their county, which [shall] must be kept open at least from 9 a.m.
κ1985 Statutes of Nevada, Page 259 (CHAPTER 82, SB 59)κ
least from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on all days except Saturdays, Sundays and nonjudicial days. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, extend the days and hours during which the office of the district attorney [shall] must be kept open for the transaction of public business. The board of county commissioners may authorize the district attorney to rent, equip and operate, at public expense, one or more branch offices in the county.
2. In counties in which the county seat is not the principal [population center,] center of population, the county commissioners may authorize the district attorney to rent, equip and operate, at public expense, a branch office at the countys principal [population center. Any such] center of population. The branch office [shall] must be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof [shall] do not apply to a district attorney when called away from [such] the branch office by official duties.
3. Any district attorney violating the provisions of subsection 1 or 2 is guilty of a misdemeanor. If any district attorney [shall absent himself] is absent from his office, except:
(a) When called away from his office by official duties; [or]
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
(c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy [duly] qualified to act in his absence,
there [shall] must be withheld from his monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which [such] the absence occurs. [Such sum shall] This amount must be withheld from [payment of salary to] the salary of the district attorney for the next succeeding month by order of the board of county commissioners; but no order in the premises [shall] may be made without first giving him reasonable notice and an opportunity to appear before the board and defend the charge against him.
4. Notwithstanding any other provision of this section, the district attorney in each county having a population of 700 or less, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] regardless of where he resides or where he keeps his office, shall:
(a) Attend all meetings, regular or special, of the board of county commissioners.
(b) Spend the hours from 9 a.m. to 5 p.m. of not less than 1 day each week at the county seat, and shall make himself available to the county officers during [such] those hours. The district attorney shall select the day of the week for his attendance at the county seat and shall thereafter spend [such] that day each week at the county seat.
κ1985 Statutes of Nevada, Page 260 (CHAPTER 82, SB 59)κ
Sec. 83. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies, who may transact all official business appertaining to the offices, to the same extent as their principals.
2. District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.
3. All appointments of deputies under the provisions of this section [shall] must be in writing, and [shall,] must, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of those appointments [shall] must also be filed and recorded as [herein provided.] provided in this section. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.
4. Deputy district attorneys of counties having a population of less than 100,000 may engage in the private practice of law. In any other county, deputy district attorneys shall not engage in the private practice of law.
5. Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any such person appointed [shall] must be fixed by the board of county commissioners. Investigators employed by a district attorney have the powers of peace officers.
Sec. 84. Chapter 266 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a city may employ security officers who have the powers of peace officers when they are carrying out duties prescribed by ordinance.
Sec. 85. NRS 266.261 is hereby amended to read as follows:
266.261 1. The city council, on behalf of the city and in its name, without any election, may [from time to time] acquire, improve, equip, operate and maintain, convert to or authorize:
(a) Curb and gutter projects;
(b) Drainage projects;
(c) Offstreet parking projects;
(d) Overpass projects;
(e) Park projects;
(f) Sanitary sewer projects;
(g) Sidewalk projects;
(h) Storm sewer projects;
(i) Street projects;
(j) Underpass projects;
(k) Water projects; and
κ1985 Statutes of Nevada, Page 261 (CHAPTER 82, SB 59)κ
(l) Underground electric and communication facilities.
2. The city council on behalf of the city for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with [moneys] money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS . [, as amended from time to time.]
Sec. 86. NRS 266.270 is hereby amended to read as follows:
266.270 The city council may condemn property for public uses in the manner prescribed by chapter 37 of NRS . [, as amended from time to time.]
Sec. 87. NRS 266.280 is hereby amended to read as follows:
266.280 1. The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the city council.
2. The city council may acquire property within the city, by any lawful means except by eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. The council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, [as amended from time to time,] and a majority of the electors voting on the bond question is in favor of the issuance of [such] the bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The city council may, in such bonds, pledge onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal thereof and interest thereon.
Sec. 88. NRS 266.310 is hereby amended to read as follows:
266.310 The city council may:
1. Organize, regulate and maintain a fire department.
2. Prescribe the duties of the fire chief.
3. Designate arson investigators as peace officers.
4. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.
[4.] 5. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
Sec. 89. NRS 266.795 is hereby amended to read as follows:
266.795 1. Immediately following the entry of the judgment disincorporating a city, the clerk of the district court shall:
(a) Transmit certified copies of the judgment to the secretary of state and to the county recorder of the county wherein the disincorporated city is situated.
(b) Cause a notice thereof to be published once a week for 4 consecutive weeks in a newspaper published in the county, but if no newspaper is published therein, then the clerk shall give such notice as the district court may prescribe.
κ1985 Statutes of Nevada, Page 262 (CHAPTER 82, SB 59)κ
is published therein, then the clerk shall give such notice as the district court may prescribe.
2. The notice [shall] must contain:
(a) A statement of the fact of disincorporation.
(b) A statement [that all claims against the disincorporated city shall be filed with the clerk of the board of county commissioners within 3 months from the date of the entry of the judgment disincorporating the city, and all claims not so filed shall be forever barred.] of the provisions of subsection 3.
(c) Such other statements as the district court may require.
3. All claims against the disincorporated city must be filed with the clerk of the board of county commissioners within 3 months from the date of the entry of the judgment disincorporating the city, and all claims not so filed are forever barred.
Sec. 90. NRS 268.734 is hereby amended to read as follows:
268.734 Subject to the provisions of NRS 268.732, in connection with any project herein authorized the governing body of any municipality [, as the governing body may determine from time to time,] may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated and evidence [such] obligations by the issuance of general obligation bonds and other general obligation securities, and in connection with [such] the undertaking or project, the governing body may otherwise proceed as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 91. NRS 269.014 is hereby amended to read as follows:
269.014 An unincorporated town [or city] in this state shall have a common seal and may change the [same] seal at pleasure.
Sec. 92. NRS 269.085 is hereby amended to read as follows:
269.085 [In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power and duty to] The boards of county commissioners shall audit and allow all claims properly payable out of the funds of any unincorporated town [or city] in their respective counties.
Sec. 93. NRS 269.115 is hereby amended to read as follows:
269.115 1. Except as provided in subsection 2, [in addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power and duty to] the boards of county commissioners shall levy a tax, not exceeding 1.5 percent per annum, upon the assessed value of all real and personal property, including the proceeds of mines, situated in any unincorporated town [or city] in their respective counties, made taxable by law for state and county purposes.
2. In addition to the taxes levied in accordance with the provisions of subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the unincorporated town [or city] issued pursuant to the provisions of NRS 269.400 to 269.470, inclusive.
κ1985 Statutes of Nevada, Page 263 (CHAPTER 82, SB 59)κ
Sec. 94. NRS 269.125 is hereby amended to read as follows:
269.125 The town board or board of county commissioners may hold, manage, use and dispose of the real and personal property of any unincorporated town [or city] and the board of county commissioners shall collect all dues and demands belonging to or coming to the [same.] town. No sale of any such property may be made until after it is appraised by three appraisers, taxpayers of the town , [or city,] appointed by a district judge of the county, at the actual market value, nor may it be sold for less than three-fourths of the appraised value.
Sec. 95. NRS 269.130 is hereby amended to read as follows:
269.130 [In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power to] The boards of county commissioners may condemn property for the use of the inhabitants of any unincorporated town [or city] in their respective counties, in the manner provided in NRS 269.135.
Sec. 96. NRS 269.140 is hereby amended to read as follows:
269.140 1. [In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty to] The town board or board of county commissioners shall institute and maintain any suit [or suits] in any court [or courts] necessary in their judgment to enforce [and maintain] any right [or rights] of any unincorporated town . [or city.]
2. All such suits [shall] must be prosecuted in the name of the town board or board of county commissioners for the use and benefit of the inhabitants of the town [or city, and shall] , and must be entitled accordingly in all pleadings and proceedings.
Sec. 97. NRS 269.160 is hereby amended to read as follows:
269.160 [In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty to fix and prescribe] The town board or board of county commissioners shall fix the punishment for the breach of an ordinance [made or] adopted by the town board or board of county commissioners for any unincorporated town [or city] to be enforced within the town . [or city; but no fines shall] No fines may be imposed for one offense in a sum greater than [$500,] $1,000, and no term of imprisonment [shall] may be more than 6 months . [, but in] In lieu of imprisonment any person committed for punishment may be made to work on any public work in the town , [or city,] and to that end a chain gang may be formed, continued and operated.
Sec. 98. NRS 269.170 is hereby amended to read as follows:
269.170 1. [In addition to the powers and jurisdiction conferred by other laws, the] The town board or board of county commissioners may in any unincorporated town : [or city:]
(a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person or firm so licensed, all places of business and amusement so licensed, as follows:
κ1985 Statutes of Nevada, Page 264 (CHAPTER 82, SB 59)κ
(1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.
(2) Bootmakers, cobblers, dressmakers, milliners, shoemakers, tailors.
(3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.
(4) Barrooms, gaming, manufacturers of liquors and other beverages, saloons.
(5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dancehouses, melodeons, menageries, shooting galleries, skating rinks, theaters.
(6) Corrals, hayyards, livery and sale stables, wagonyards.
(7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies, water companies.
(8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.
(9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants and traders, stockbrokers.
(10) Drummers, hawkers, peddlers, solicitors.
(11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
(b) Fix and collect a license tax upon all professions, trades or business within the town [or city] not specified in paragraph (a).
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
3. Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.
4. The governing body or the county fair and recreation board may agree with the department of taxation for the continuing exchange of information concerning taxpayers.
κ1985 Statutes of Nevada, Page 265 (CHAPTER 82, SB 59)κ
Sec. 99. NRS 269.175 is hereby amended to read as follows:
269.175 [In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power] The boards of county commissioners may in any unincorporated town [or city] in their respective counties [to] license, tax, [and] regulate, prohibit and suppress all tippling houses, dramshops, public card tables, raffles, hawkers, peddlers, pawnbrokers, gambling houses, disorderly houses and houses of ill fame.
Sec. 100. NRS 269.180 is hereby amended to read as follows:
269.180 [In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power] The boards of county commissioners may in any unincorporated town [or city] in their respective counties [to] provide by ordinance for the issuance of all licenses mentioned in this chapter or authorized to be issued, and [to] fix the terms [on which and the sums for which the same shall be issued.] and sums for licenses.
Sec. 101. NRS 269.190 is hereby amended to read as follows:
269.190 [In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power to] The boards of county commissioners may establish and maintain a board of health in any unincorporated town [or city] in their respective counties.
Sec. 102. NRS 269.195 is hereby amended to read as follows:
269.195 [In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power to] The town board or board of county commissioners may prohibit the keeping of hogs or the running at large of goats, cows or other animals within the limits of any unincorporated town . [or city.]
Sec. 103. NRS 269.205 is hereby amended to read as follows:
269.205 [In addition to the powers and jurisdiction conferred by other laws, the] The town board or board of county commissioners [shall have the power to] may determine what [shall be] are nuisances in any unincorporated town , [or city,] and provide for the punishment, prevention and removal of the [same.] nuisances.
Sec. 104. NRS 269.225 is hereby amended to read as follows:
269.225 [In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power to] The boards of county commissioners may levy and collect an annual tax on all dogs owned or kept within the limits of any unincorporated town [or city] in their respective counties, and [to] provide for the extermination of all dogs for which [such tax shall not have been paid.] the tax has not been paid.
Sec. 105. NRS 269.235 is hereby amended to read as follows:
269.235 1. The town board or board of county commissioners [, for the purpose of carrying out the provisions of this chapter,] may appoint from the residents of an unincorporated town [or city] one chief of police and as many other peace officers as may be necessary, not exceeding seven.
κ1985 Statutes of Nevada, Page 266 (CHAPTER 82, SB 59)κ
chief of police and as many other peace officers as may be necessary, not exceeding seven. Two-thirds of the peace officers [shall be] must named and appointed by a majority of the board, and one-third by a minority.
2. [Every such] Each officer shall give a bond, in ordinary form of official bonds, in such amount as may be designated by the town board or board of county commissioners.
3. The chief of police [shall] is entitled to receive for his services such sum as may be fixed by the town board or board of county commissioners not to exceed $250 per month. Other peace officers [shall] are entitled to receive for their services such sum as may be fixed by the town board or board of county commissioners not to exceed $225 each per month.
4. The peace officers [shall be] are ex officio collectors of all licenses and taxes, other than property taxes, to be collected for the use of the town , [or city,] and shall exercise such other powers and perform such other duties, including police duties, as may be authorized, directed or required by the town board or board of county commissioners.
5. [All fees and money collected by any such officer, under] Each officer shall transmit any money collected pursuant to any law or ordinance [, shall be paid by him] to the county treasurer [, to be by him distributed] for distribution to the proper fund of the [city or town whence collected.] town.
Sec. 106. NRS 269.250 is hereby amended to read as follows:
269.250 1. [In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty] The town board or board of county commissioners shall in any unincorporated town [or city] in their respective counties:
(a) [To provide] Provide for the prevention and extinguishment of fires.
(b) [To organize,] Organize, regulate, establish and disband fire companies or fire departments.
(c) [To provide] Provide for the payment of fire companies or fire departments, and the appointment and payment of officers thereof.
2. All payments authorized under the provisions of subsection 1 [shall] must be made from the separate fund of the [city or] town where service is performed or required when [such] the fire company or department operates in the [city or] town alone, and if used outside of the [city or] town the board of county commissioners may provide for contribution from general county funds if provided for in the county budget.
3. A majority of the town board or board of county commissioners shall name and appoint two-thirds of all such officers and employees, and the minority thereof shall name and appoint one-third.
4. The fire chief and the personnel of the fire department [shall] are entitled to receive such compensation as the town board or board of county commissioners [shall prescribe.]
κ1985 Statutes of Nevada, Page 267 (CHAPTER 82, SB 59)κ
are entitled to receive such compensation as the town board or board of county commissioners [shall prescribe.] prescribes.
5. The town board or board of county commissioners may designate arson investigators as peace officers.
Sec. 107. NRS 269.415 is hereby amended to read as follows:
269.415 Subject to the provisions of NRS 269.410, for any improvements authorized by NRS 269.405, the town board or the board of county commissioners [, as the board may determine from time to time,] may, on the behalf and in the name of the town, borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other town securities, and in connection with [such] the undertaking or [such] improvements, the board may otherwise proceed as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 108. NRS 271.030 is hereby amended to read as follows:
271.030 Except where the context otherwise requires, the definitions in NRS 271.035 to [271.260,] 271.250, inclusive, govern the construction of this chapter.
Sec. 109. NRS 278.810 is hereby amended to read as follows:
278.810 1. The governing body may determine the qualifications of and appoint an executive officer for the agency and may, within the limits of available funds, fix the salary of the executive officer. The governing body may also, within the limits of available funds, employ such other staff as may be necessary to execute the powers and functions provided for under NRS 278.780 to 278.828, inclusive, or in accordance with any intergovernmental contracts or agreements which the agency may be responsible for administering.
2. The agency is a public employer for the purposes of chapter 286 of NRS, and a public agency for the purposes of chapter 287 of NRS.
3. The attorney general may, upon request, act as the attorney for the agency. If he chooses not to represent the agency, the agency may employ legal counsel to act as its attorney.
Sec. 110. NRS 286.578 is hereby amended to read as follows:
286.578 1. In addition to other post-retirement allowances or benefits provided by law, and subject to the limitation provided in subsection 3, the public employees retirement system shall provide a post-retirement increase to each eligible person, based upon:
(a) The number of years he has received a retirement allowance or in the case of a beneficiary of a retired employee, the number of years an allowance or benefits have been received since the retired employees effective date of retirement; and
(b) The amount of his cumulative allowance or benefit computed as of the dates on which these increases are payable.
2. The increases provided in subsection 1 are payable on July 1, 1979, and July 1, 1980, as follows:
κ1985 Statutes of Nevada, Page 268 (CHAPTER 82, SB 59)κ
Number of Years Receiving Increase in Cumulative
Allowance or Benefit Allowance or Benefit
5 years or more 5 percent
4 years 4.5 percent
3 years 4 percent
2 years 3.5 percent
1 year 3 percent
3. These percentage increases are payable only if they do not exceed the percentage increase in the All Items Consumer Price Index for the preceding calendar year. If the percentage increase in the index for the preceding year is less than any percentage increase described in subsection 2, the latter increase must be reduced to the former.
[4. A person is eligible to receive the increase provided in subsection 1 if he is:
(a) A retired employee receiving a retirement allowance;
(b) A survivor of a deceased member who is receiving a benefit; or
(c) A beneficiary of a deceased retired employee who is receiving a benefit.]
Sec. 111. NRS 287.040 is hereby amended to read as follows:
287.040 [Except as provided in subsection 3 of NRS 287.023, nothing contained in NRS 287.010 to 287.040, inclusive, shall be construed to] The provisions of NRS 287.010 to 287.040, inclusive, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums therefor.
Sec. 112. NRS 287.0433 is hereby amended to read as follows:
287.0433 The committee on group insurance may establish a plan of life, accident or health insurance [by creating a self-insurance reserve fund] and provide for the payment of contributions into the self-insurance fund, a schedule of benefits and the disbursement of benefits from the fund. Payments into and disbursements from the fund must be so arranged as to keep the fund solvent.
Sec. 113. NRS 293.175 is hereby amended to read as follows:
293.175 1. The primary election must be held on the first Tuesday of September in each even-numbered year.
2. Candidates of a political party and candidates for nonpartisan offices must be nominated at the primary election.
3. Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
4. [This chapter does] The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
κ1985 Statutes of Nevada, Page 269 (CHAPTER 82, SB 59)κ
Sec. 114. NRS 293.210 is hereby amended to read as follows:
293.210 A new precinct may be established upon petition of 10 or more registered voters, permanently residing in the area sought to be constituted a precinct, stating that they reside more than 10 miles from any polling place in the county . [, if] If it appears to the satisfaction of the county clerk that not less than 50 registered voters reside in the area [. The] , the precinct may be established without regard to the distance which the registered voters reside from another polling place or precinct.
Sec. 115. NRS 294A.010 is hereby amended to read as follows:
294A.010 1. Every candidate for state, district, county, city or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
3. Every candidate for state, district, county, city or township office at a special election to determine whether a public officer [shall] will be recalled shall report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state.
6. Each contribution [, whether from a natural person, association or corporation,] in excess of $500, and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the affidavit report form provided by the secretary of state.
κ1985 Statutes of Nevada, Page 270 (CHAPTER 82, SB 59)κ
of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the affidavit report form provided by the secretary of state.
7. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 116. NRS 298.109 is hereby amended to read as follows:
298.109 1. A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on September 1 in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the secretary of state a certificate of candidacy, in which he may also designate his nominee for Vice President. [If September 1 falls on a Saturday, Sunday or legal holiday, the certificate must be filed not later than 5 p.m. on the preceding Friday or business day.] The certificate must be signed by the candidate for President, his nominee for Vice President if designated, and by a number of registered voters equal to not less than 5 percent of the total number of votes cast at the last preceding general election for candidates for Representative in Congress, declaring that they support the candidacy of the designated candidate for President, and his nominee for Vice President if one is designated in the certificate, and requesting that the names of the proposed candidates be placed on the ballot at the general election that year.
2. The certificate may consist of more than one document and each person signing shall add to his signature the address of the place at which he then resides and the name of the county wherein he is registered to vote. Each certificate must also contain the affirmation of at least one of the signers that all signatures thereon are genuine to the best of his knowledge and belief.
3. Each independent candidate so nominated for the office of President shall at the time of filing his certificate as provided in subsection 1, or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his electors, all of whom must then be registered voters. Immediately following receipt of each candidates written designation of his nominees for electors, the secretary of state shall record them in his office as the nominees for presidential electors of that independent candidate.
Sec. 117. NRS 309.065 is hereby amended to read as follows:
309.065 Any district [heretofore] organized or purportedly organized pursuant to chapter 24, Statutes of Nevada 1928, as amended, now cited as chapter 309 of NRS, [shall have] has all of the powers granted by [such act as herein amended and as from time to time hereafter amended,] chapter 309 of NRS, notwithstanding that [such] the district was purportedly organized for less than all of the purposes specified in [such] that act, as so amended; but before a district originally organized for less than all of the purposes specified in NRS 309.030 [shall] may be deemed a district organized for any additional purpose or purposes thereunder, there [shall] must be filed with the secretary of the board of directors of the district a petition signed by all of the fee owners of property in the district specifically requesting [such] the extension, whereupon a resolution [shall] must be adopted by the board of directors accepting [such] the petition, declaring the extension of purposes and at the boards discretion changing the name of the district.
κ1985 Statutes of Nevada, Page 271 (CHAPTER 82, SB 59)κ
or purposes thereunder, there [shall] must be filed with the secretary of the board of directors of the district a petition signed by all of the fee owners of property in the district specifically requesting [such] the extension, whereupon a resolution [shall] must be adopted by the board of directors accepting [such] the petition, declaring the extension of purposes and at the boards discretion changing the name of the district.
Sec. 118. NRS 309.337 is hereby amended to read as follows:
309.337 The provisions of the Local Government Securities Law [, as from time to time amended,] apply to any securities authorized to be issued under NRS 309.332 to 309.339, inclusive, but in the event of conflict the provisions of NRS 309.332 to 309.339, inclusive, control.
Sec. 119. NRS 309.490 is hereby amended to read as follows:
309.490 Any district organized pursuant to this chapter [is authorized to conduct proceedings in accordance with the provisions of the Consolidated Local Improvements Law, as from time to time amended. The authorization contained in this section shall constitute full authority for the exercise of] may exercise the powers granted in the Consolidated Local Improvements Law . [and shall be deemed a mode of financing and making improvements additional to and separate from all other methods and procedures.]
Sec. 120. NRS 315.988 is hereby amended to read as follows:
315.988 1. The state authority may exercise all or any part or combination of the powers granted to local housing authorities in NRS 315.450 [to 315.470, inclusive, as amended from time to time,] , 315.460 and 315.470 in connection with contracts, property, investments and related matters.
2. The provisions of NRS 315.560, 315.570 and 315.600 to 315.780, inclusive, [as amended from time to time,] concerning powers of local housing authorities with respect to federal aid, housing in rural areas, bond financing and related matters [shall] apply to the state authority created pursuant to the provisions of NRS 315.960 to 315.996, inclusive, in the same manner and to the same extent as [such provisions are applicable] they apply to local authorities.
Sec. 121. NRS 315.996 is hereby amended to read as follows:
315.996 The provisions of NRS 315.550 [, as amended from time to time, concerning the powers of state public bodies respecting housing projects of local housing authorities shall] apply to housing projects of the state authority undertaken pursuant to the provisions of NRS 315.960 to 315.996, inclusive, in the same manner and to the same extent as [such provisions are applicable] they apply to projects of local authorities.
Sec. 122. NRS 318.170 is hereby amended to read as follows:
318.170 1. The board [shall have the power,] may, in connection with a district with basic powers relating to storm drainage facilities, sanitary sewer facilities, refuse collection and disposal facilities, and water facilities, or any combination thereof : [, to:]
(a) Consult with the health division of the department of human resources about any system or proposed system of drainage or sewage or garbage and other refuse collection and disposal as to the best method of disposing of the districts drainage or sewage or garbage and other refuse with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected thereby, and [to] submit to the health division for its advice and approval the districts proposed system of drainage or sewage or garbage and other refuse disposal and collection, including without limitation both liquid wastes and solid wastes.
κ1985 Statutes of Nevada, Page 272 (CHAPTER 82, SB 59)κ
resources about any system or proposed system of drainage or sewage or garbage and other refuse collection and disposal as to the best method of disposing of the districts drainage or sewage or garbage and other refuse with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected thereby, and [to] submit to the health division for its advice and approval the districts proposed system of drainage or sewage or garbage and other refuse disposal and collection, including without limitation both liquid wastes and solid wastes.
(b) Compel all owners of inhabited property in the district to use the districts system for the collection and disposal of sewage, garbage and other refuse, either as to liquid wastes, or solid wastes, or both liquid wastes and solid wastes, by connection with the districts sewer system or otherwise, except for industrial property for which arrangements have been made with local health authorities for the disposal of [such] wastes, subject to the provisions of paragraph (c).
(c) Cause a connection to such a system if a service line is brought by the district to a point within 400 feet of his dwelling place, and upon a failure of a property owner so to connect within 60 days after [such] written mailed notice by the board, [to cause such] cause the connection to be made by other than an owner.
(d) Cause a lien to be filed against the property for expense incurred in making such a connection by other than an owner.
(e) Make and enforce all necessary [and proper] regulations for the removal of sewage, garbage or other refuse, and for the proper use of water within any such district.
(f) Make all other sanitary regulations not in conflict with the constitution or laws of this state, and [to] provide that any [violation of any such] person who violates these regulations or ordinances shall be [a misdemeanor punishable] punished by a fine not to exceed $100 or by imprisonment not to exceed 1 month, or by both [such] fine and imprisonment.
2. [No] A district shall not proceed to acquire or improve any system of water supply, drainage or sewage disposal or garbage and other refuse collection and disposal without first obtaining the approval of the county board of health.
3. In this section the term drainage means rainfall, surface and subsoil water only, and sewage means domestic and industrial filth and waste.
Sec. 123. NRS 318.525 is hereby amended to read as follows:
318.525 1. Chapter 542, Statutes of Nevada 1967, [shall] does not affect the corporate existence nor the area included within the boundaries of any district organized or reorganized [prior to] before May 1, 1967, under any chapter in Title 25 of NRS, but the governing body of any such district (excluding any local improvement district organized or reorganized under the provisions of chapter 309 of NRS, any housing authority or other municipal corporation subject to the provisions of chapter 315 of NRS, and excluding any district organized or reorganized [prior to] before May 1, 1967, under and already subject to the provisions of this chapter 318 of NRS) shall reorganize as provided in this chapter as amended by chapter 542, Statutes of Nevada 1967.
κ1985 Statutes of Nevada, Page 273 (CHAPTER 82, SB 59)κ
reorganized [prior to] before May 1, 1967, under and already subject to the provisions of this chapter 318 of NRS) shall reorganize as provided in this chapter as amended by chapter 542, Statutes of Nevada 1967.
2. Any district organized or reorganized [prior to] before May 1, 1967, under and exercising powers as provided in any chapter in Title 25 of NRS (excluding chapters 309, 315 and 318 of NRS) shall operate under and exercise powers pertaining to each basic power for which the district is organized or reorganized as provided in chapter 318 of NRS , [as from time to time amended,] including without limitation the provisions of the Special District Control Law to the extent it is applicable by the terms thereof.
Sec. 124. NRS 325.140 is hereby amended to read as follows:
325.140 1. Upon the filing of any statement and upon receipt of the accompanying fee, the district judge shall cause notice of [such] the claim to be made by both of the following methods:
(a) Publication of [such] the notice at least once a week for 4 successive weeks in a newspaper of general circulation, which is published in the county in which [such] the land is situate. If no newspaper is published in [such] that county, publication [shall] must be made in [some] a newspaper of general circulation in the county.
(b) Posting a copy of [such] the notice in three public places in the townsite and in a conspicuous place on the property described in [such] the claim for 30 days.
2. The notice [shall contain but shall not be limited to:] must contain but, without limitation:
(a) The name of the claimant.
(b) The interest or title claimed.
(c) A complete and accurate description of the property.
(d) A statement containing the provisions of subsection 3.
3. [The notice shall require any] Any adverse claimant [to] must file a verified statement in the office of the clerk of the district court not later than 30 days from the last publication or 30 days from the posting of the notice provided in subsection 2, whichever is later.
4. No adverse claim, for the purposes of this section, may be asserted in any way other than that provided in subsection 3.
Sec. 125. NRS 331.060 is hereby amended to read as follows:
331.060 1. The superintendent shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, watchmen and [such] other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive.
2. The employees shall perform duties as assigned by the superintendent.
3. The superintendent [shall be] is responsible for the fitness and good conduct of all [such] employees.
4. Security officers of the building and grounds division have the powers of peace officers when carrying out duties prescribed by the director.
κ1985 Statutes of Nevada, Page 274 (CHAPTER 82, SB 59)κ
Sec. 126. NRS 332.125 is hereby amended to read as follows:
332.125 1. A governing body or its authorized representative may let a contract whose estimated amount is more than $10,000 for the purchase of books, library materials or subscriptions of any nature without advertising if:
(a) [The estimated amount is greater than $10,000;
(b)] Written requests for bids have been solicited from persons who are capable of performing the contract; and
[(c)] (b) All bids received are opened publicly at a time and place set by the governing body or its authorized representative.
2. [Nothing in this section prohibits] This section does not prohibit a governing body or its authorized representative from advertising for or requesting bids.
Sec. 127. NRS 338.070 is hereby amended to read as follows:
338.070 1. Any public body and its officers or agents awarding a contract shall:
(a) Take cognizance of complaints of violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract; and
(b) When making payments to the contractor of money becoming due under the contract, withhold and retain therefrom all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.
2. No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.
3. It is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the subcontractors failure to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.
4. The contractor and each subcontractor shall keep or cause to be kept an accurate record showing [:
(a) The names and occupations of all mechanics employed by him in connection with the public work.
(b) The actual wages paid to each of the mechanics.] the name, occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the public work.
5. The record [shall] must be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents. A copy of the record for each calendar month must be sent to the labor commissioner no later than 1 week after the end of the month.
6. Any contractor or subcontractor, or agent or representative thereof, doing public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 128. NRS 338.180 is hereby amended to read as follows:
338.180 1. The legislature of the State of Nevada declares that:
κ1985 Statutes of Nevada, Page 275 (CHAPTER 82, SB 59)κ
(a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to the physically handicapped in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of the physically handicapped and to make public buildings accessible to and usable by the physically handicapped; and
(b) It is the intent of the legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, the physically handicapped, without loss of function, space or facility where the general public is concerned.
2. All plans and specifications for the construction of public buildings and facilities by the state or by a political subdivision, district, authority, board or public corporation or entity of the state after July 1, 1973, must provide facilities and features for the physically handicapped so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors and public telephones accessible to and usable by the physically handicapped. Such buildings and facilities must conform with the Minimum Federal Guidelines and Requirements for Accessible Design, as issued by the United States Architectural and Transportation Barriers Compliance Board in the Federal Register of January 16, 1981.
[3. Every public building or facility of the state or of a political subdivision, district, authority, board or public corporation or entity of the state which is normally used by the public and which is constructed or opened for occupancy after July 1, 1977, must be provided with at least one toilet facility for males and one toilet facility for females which is accessible to and usable by the physically handicapped and which conforms to the Minimum Federal Guidelines and Requirements for Accessible Design.]
Sec. 129. Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission may:
(a) Exercise on behalf of the state the power of eminent domain in the manner provided in chapter 37 of NRS, except as herein otherwise provided;
(b) Take any property necessary to carry out any of the objects or purposes concerning such a project, whether the property is already devoted to the same use by any person (but not the Federal Government, the state or any other body corporate and politic); and
(c) Condemn any existing works or improvements of any such person now or hereafter used.
2. The power of eminent domain vested in the commission includes the power to condemn, in the name of the state, either the fee simple or any lesser estate or interest in any real property which the commission by resolution determines is necessary for carrying out the purposes hereof. The resolution is prima facie evidence that the taking of the fee simple, easement or other interest, as the case may be, is necessary.
κ1985 Statutes of Nevada, Page 276 (CHAPTER 82, SB 59)κ
simple, easement or other interest, as the case may be, is necessary. The commission shall not abandon any condemnation proceedings after the date upon which it has taken possession of the property being acquired.
3. If the construction or other acquisition of any project, or any part thereof, makes necessary the removal and relocation of any public utilities, whether on private or public right of way, or otherwise, the commission shall reimburse the owner of the public utility facility for the expense of removal and relocation, including the cost of any necessary land or rights in land, except where the cost of removal and relocation is or has been considered a proper element of just compensation in any settlement by negotiation or in any eminent domain proceeding.
Sec. 130. NRS 349.164 is hereby amended to read as follows:
349.164 [1.] Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any project, or an interest therein, herein designated. [The commission may:
(a) Exercise on behalf of the state the power of eminent domain in the manner provided in chapter 37 of NRS, as from time to time amended, except as herein otherwise provided;
(b) Take any property necessary to carry out any of the objects or purposes concerning such a project, whether such property is already devoted to the same use by any person (but not the Federal Government, the state or any other body corporate and politic); and
(c) Condemn any existing works or improvements of any such person now or hereafter used.
2. The power of eminent domain vested in the commission includes the power to condemn, in the name of the state, either the fee simple or any lesser estate or interest in any real property which the commission by resolution determines is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple, easement or other interest, as the case may be, is necessary. The commission shall not abandon any condemnation proceedings subsequent to the date upon which it has taken possession of the property being acquired.
3. If the construction or other acquisition of any project, or any part thereof, makes necessary the removal and relocation of any public utilities, whether on private or public right of way, or otherwise, the commission shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land, except where such cost of removal and relocation is or has been considered a proper element of just compensation in any settlement by negotiation or in any eminent domain proceeding.]
Sec. 131. 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, must:
κ1985 Statutes of Nevada, Page 277 (CHAPTER 82, SB 59)κ
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial CodeInvestment Securities;
(c) Mature at such a time or serially at such times in regular numerical order at annual or other designated intervals in such amounts as designated and fixed by the commission;
(d) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and
(e) Be printed at such a place within or without this state, as the commission may determine.
2. Any such bonds or other state securities must bear interest at a rate or rates which do not exceed the limit provided in NRS 349.076. The interest must be made payable:
(a) If the security constitutes a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, semiannually.
(b) If the security does not constitute a debt or is issued for the protection and preservation of the states property or natural resources or for the purpose of obtaining the benefits thereof, at intervals which the commission shall designate, and the first interest payment may be for another period.
3. General obligation bonds must mature within 20 years from their date or within 20 years from the date of passage of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3 [,] of article 9 of the constitution of this state [, as from time to time amended,] must mature within [not exceeding] 50 years from their date.
4. Special obligation bonds must mature within [not exceeding] 50 years from their date.
Sec. 132. NRS 349.284 is hereby amended to read as follows:
349.284 Any bonds or other securities, including without limitation any certificates endorsed thereon, may be executed with facsimile signatures and seals as provided in [the Uniform Facsimile Signatures of Public Officials Act, cited as] chapter 351 of NRS . [, as from time to time amended.] (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
Sec. 133. Chapter 350 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body may:
(a) Exercise on behalf of the municipality the power of eminent domain in the manner provided in chapter 37 of NRS, except as herein otherwise provided;
(b) Take any property necessary to carry out any of the objects or purposes concerning such a project, whether the property is already devoted to the same use by any person (but not the Federal Government, the state or any other public body in the absence of any provision to the contrary in any act supplemental hereto); and
κ1985 Statutes of Nevada, Page 278 (CHAPTER 82, SB 59)κ
purposes concerning such a project, whether the property is already devoted to the same use by any person (but not the Federal Government, the state or any other public body in the absence of any provision to the contrary in any act supplemental hereto); and
(c) Condemn any existing works or improvements of any such person now or hereafter used.
2. The power of eminent domain vested in the governing body includes the power to condemn, in the name of the municipality, either the fee simple or any lesser estate or interest in any real property which the governing body by ordinance determines is necessary for carrying out the purposes hereof. The ordinance is prima facie evidence that the taking of the fee simple, easement or other interest, as the case may be, is necessary. The governing body shall not abandon any condemnation proceedings after the date upon which the municipality has taken possession of the property being acquired.
3. If the construction or other acquisition of any project, or any part thereof, makes necessary the removal and relocation of any public utilities, whether on private or public right of way, or otherwise, the governing body shall reimburse the owner of the public utility facility for the expense of removal and relocation, including the cost of any necessary land or rights in land, except where the cost of removal and relocation is or has been considered a proper element of just compensation is any settlement by negotiation or in any eminent domain proceeding.
Sec. 134. NRS 350.514 is hereby amended to read as follows:
350.514 [1.] Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any project, or an interest therein, herein designated. [The governing body may:
(a) Exercise on behalf of the municipality the power of eminent domain in the manner provided in chapter 37 of NRS, as from time to time amended, except as herein otherwise provided;
(b) Take any property necessary to carry out any of the objects or purposes concerning such a project, whether such property be already devoted to the same use by any person (but not the Federal Government, the state or any other public body in the absence of any provision to the contrary in any act supplemental hereto); and
(c) Condemn any existing works or improvements of any such person now or hereafter used.
2. The power of eminent domain vested in the governing body includes the power to condemn, in the name of the municipality, either the fee simple or any lesser estate or interest in any real property which the governing body by ordinance determines is necessary for carrying out the purposes hereof. Such ordinance shall be prima facie evidence that the taking of the fee simple, easement or other interest, as the case may be, is necessary. The governing body shall not abandon any condemnation proceedings subsequent to the date upon which the municipality has taken possession of the property being acquired.
3. If the construction or other acquisition of any project, or any part thereof, makes necessary the removal and relocation of any public utilities, whether on private or public right of way, or otherwise, the governing body shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land, except where such cost of removal and relocation is or has been considered a proper element of just compensation in any settlement by negotiation or in any eminent domain proceeding.]
κ1985 Statutes of Nevada, Page 279 (CHAPTER 82, SB 59)κ
thereof, makes necessary the removal and relocation of any public utilities, whether on private or public right of way, or otherwise, the governing body shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land, except where such cost of removal and relocation is or has been considered a proper element of just compensation in any settlement by negotiation or in any eminent domain proceeding.]
Sec. 135. NRS 350.638 is hereby amended to read as follows:
350.638 Any bonds or other securities, including without limitation any certificates endorsed thereon, may be executed with facsimile signatures and seals as provided in [the Uniform Facsimile Signatures of Public Officials Act, cited as] chapter 351 of NRS . [, as from time to time amended.] (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
Sec. 136. NRS 354.615 is hereby amended to read as follows:
354.615 1. If anticipated resources actually available during a budget period exceed those estimated, a local government may augment a budget in the manner provided below:
(a) If it is desired to augment the appropriations of a fund to which ad valorem taxes are allocated as a source of revenue, the governing body shall, by majority vote of all members of the governing body, adopt a resolution reciting the appropriations to be augmented, and the nature of the unanticipated resources intended to be used for the augmentation. [(b)] Before the adoption of the resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation in the county for at least one publication. No vote may be taken upon the resolution until 3 days after the publication of the notice.
[(c)] (b) If it is desired to augment the budget of any other fund, the governing body shall adopt, by majority vote of all members of the governing body, a resolution providing therefor at a regular meeting of the body.
2. A budget augmentation becomes effective upon delivery to the department of taxation of an executed copy of the resolution providing therefor.
Sec. 137. NRS 360.279 is hereby amended to read as follows:
360.279 1. Three years after the service of notice upon any person who has deposited security with the department pursuant to the provisions of NRS 372.510 or 374.515 that all sales tax and use tax liability has been extinguished or satisfied and that his account has been closed and his security is eligible for return, the department may, upon the failure of [such] the person to claim [such] the security, direct the state treasurer to:
(a) Transfer all or any part of [such] the security to the state general fund [in the state treasury, if such] , if the security is in the form of a cash deposit; or
(b) Sell the security in the manner prescribed in NRS 372.510 or 374.515 and deposit the proceeds thereof in the state general fund [of the state treasury, if such] , if the security is in the form of a United States bearer bond.
κ1985 Statutes of Nevada, Page 280 (CHAPTER 82, SB 59)κ
374.515 and deposit the proceeds thereof in the state general fund [of the state treasury, if such] , if the security is in the form of a United States bearer bond.
2. Notice mentioned in this section [shall] must be given as provided in NRS 372.425.
Sec. 138. NRS 361B.010 is hereby amended to read as follows:
361B.010 Except as otherwise provided in this chapter or where the context otherwise requires, terms used or referred to in this chapter are as defined in the County Bond Law, insofar as they apply to counties, and the City Bond Law, insofar as they apply to cities, [as from time to time amended,] and except as otherwise provided in those laws, as defined in the Local Government Securities Law ; [, as from time to time amended;] but the definitions provided in this chapter, except where the context otherwise requires, govern the construction of this chapter.
Sec. 139. NRS 361B.170 is hereby amended to read as follows:
361B.170 1. Except as provided in subsection 2, the governing body, on the behalf and in the name of the municipality, may at any time designate a tax increment area comprising any specially benefited zone within the municipality designated and approved under chapter 274 of NRS, for the purpose of creating a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment, or any combination thereof, of a project or projects authorized in the County Bond Law or the City Bond Law, [as from time to time amended,] including without limitation, the condemnation of property for any such undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter.
2. The right of way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body and the railroad company.
Sec. 140. NRS 361B.280 is hereby amended to read as follows:
361B.280 1. The municipality may issue, to defray wholly or in part the cost of any undertaking, the following securities:
(a) Notes;
(b) Warrants;
(c) Interim debentures;
(d) Bonds; and
(e) Temporary bonds.
2. Any net revenues derived from the operation of the project or projects acquired, improved or equipped, or any combination thereof, as part of the undertaking must be pledged for the payment of any such securities. The securities must be made payable from any such net pledged revenues as the bond requirements become due from time to time by the bond ordinance, trust indenture or other proceedings which authorize the issuance of the securities or otherwise pertain to their issuance.
κ1985 Statutes of Nevada, Page 281 (CHAPTER 82, SB 59)κ
3. Additionally, the securities:
(a) Must be made payable from tax proceeds accounted for in the tax increment account; and
(b) May, at the municipalitys option, be made payable from taxes levied by the municipality against all taxable property within the municipality, without limitation of rate or amount except for the limitation provided in section 2 of article 10 of the Nevada constitution.
The municipality may also issue general obligation securities other than the ones authorized by this chapter which are made payable from taxes without also making the securities payable from any net pledged revenues or tax proceeds accounted for in a tax increment account, or from both of those sources of revenue.
4. Any securities payable only in the manner provided in either paragraph (a) of subsection 3 or both subsection 2 and paragraph (a) of subsection 3, are special obligations of the municipality, are not in their issuance subject to any debt limitation imposed by law, and while they are outstanding do not exhaust the municipalitys debt incurring power, and may be issued under the provisions of the Local Government Securities Law, except as otherwise provided in this chapter, without any compliance with the provisions of NRS 350.001 to 350.006, inclusive, or [NRS 350.010] 350.020 to 350.070, inclusive, and without any approval or other preliminaries, except as provided in the Local Government Securities Law.
5. Any securities payable from taxes in the manner provided in paragraph (b) of subsection 3, regardless whether they are also payable in the manner provided in paragraph (a) of subsection 3 or in both subsection 2 and paragraph (a) subsection 3, are general obligations of the city, are in their issuance subject to such debt limitation and, while they are outstanding, do exhaust the municipalitys debt incurring power, and may be issued under the provisions of the Local Government Securities Law only after the issuance of municipal bonds is approved under the provisions of:
(a) NRS 350.001 to 350.006, inclusive; and
(b) NRS [NRS 350.010] 350.020 to 350.070, inclusive,
except for the issuance of notes or warrants under the Local Government Securities Law which are payable out of the current years revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of such bond approval under the two acts designated in [paragraphs] paragraph (a) or (b).
6. In the proceedings for the advancement of money, or the making of loans, or the incurrence of any indebtedness, whether funded, refunded, assumed or otherwise, by the municipality to finance or refinance, in whole or in part, the undertaking, the portion of taxes mentioned in subsection 2 of NRS 361B.260 must be irrevocably pledged for the payment of the bond requirements of the loans, advances or indebtedness. The provisions in the Local Government Securities Law pertaining to net pledged revenues are applicable to such a pledge to secure the payment of tax increment bonds.
κ1985 Statutes of Nevada, Page 282 (CHAPTER 82, SB 59)κ
Sec. 141. NRS 366.050 is hereby amended to read as follows:
366.050 Person means any [individual,] natural person, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit . [, and the plural as well as the singular number.]
Sec. 142. NRS 372.145 is hereby amended to read as follows:
372.145 1. Whenever any person fails to comply with any provision of this chapter relating to the sales tax or any regulation of the department relating to the sales tax prescribed and adopted under this chapter, the department, [upon hearing, after giving the person 10 days notice] after a hearing of which the person was given prior notice of at least 10 days in writing specifying the time and place of the hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.
2. The department shall give to the person written notice of the suspension or revocation of any of his permits.
3. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
4. The department may not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the sales tax and the regulations of the department.
[5. If a permit is revoked, the department may order the place of business for which the permit was issued to be locked and sealed.]
Sec. 143. NRS 372.520 is hereby amended to read as follows:
372.520 At any time within 3 years after any tax or any amount of tax required to be collected becomes due, and at any time within 3 years after the delinquency of any tax or any amount of tax required to be collected, or within 3 years after the last recording of an abstract under NRS 372.555, or of a certificate under NRS [372.565,] 372.570, the department may bring an action in the courts of this state, or any other state, or of the United States, in the name of the people of the State of Nevada, to collect the amount delinquent together with penalties and interest.
Sec. 144. NRS 373.020 is hereby amended to read as follows:
373.020 As used in this chapter, unless the context otherwise requires:
1. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, [herein authorized.] authorized by this chapter.
κ1985 Statutes of Nevada, Page 283 (CHAPTER 82, SB 59)κ
2. Board means the board of county commissioners.
3. City means an incorporated city or incorporated town.
4. Commission means the regional transportation commission.
5. Cost of the project, or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
6. Federal securities means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.
7. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, [herein authorized.] authorized by this chapter. Improvement or improve does not include renovation, reconditioning, patching, general maintenance or other minor repair.
8. Project means street and highway construction, including without limitation the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, under-passes, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.
κ1985 Statutes of Nevada, Page 284 (CHAPTER 82, SB 59)κ
curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, under-passes, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.
9. Town means an unincorporated town . [or city.]
Sec. 145. NRS 373.130 is hereby amended to read as follows:
373.130 1. [Funds] Money for the payment of the cost of a project within the area embraced by the streets and highways plan described in NRS 373.030 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made [hereunder,] pursuant to the provisions of this chapter, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. [Funds] Money for street and highway construction outside the area embraced by [such] the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2. The board may, after the enactment of an ordinance as authorized by NRS 373.030, [from time to time] issue revenue bonds and other revenue securities, on the behalf and in the name of the county:
(a) The total of all of which, issued and outstanding at any one time, [shall] must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the tax imposed pursuant to the provisions of NRS 373.030; [and]
(b) Which [shall] must not be general obligations of the county or a charge on any real estate therein; [but] and
(c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes [herein designated,] designated in this chapter, except such portion of [such] the receipts as may be required for the direct distributions authorized by NRS 373.150.
3. A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as [herein provided.] provided in this chapter.
4. Subject to the provisions of this chapter, for any project authorized therein the board of any county [, as the board may determine from time to time,] may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other county securities, and in connection with [such] the undertaking or [such] project, the board may otherwise proceed as provided in the Local Government Securities Law . [, as from time to time amended.]
5. All such securities [shall] constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of [such securities shall] the securities must be limited to [such] the net receipts.
κ1985 Statutes of Nevada, Page 285 (CHAPTER 82, SB 59)κ
from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of [such securities shall] the securities must be limited to [such] the net receipts.
6. Except for:
(a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;
(b) Any interim debentures which are funded with the proceeds of bonds;
(c) Any temporary bonds which are exchanged for definitive bonds;
(d) Any bonds which are reissued or which are refunded; and
(e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued [hereunder,] pursuant to the provisions of this chapter,
all bonds and other securities issued [hereunder shall] pursuant to the provisions of this chapter, must be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and accounted for in the general road fund of the county may be used by the county for the payment of securities issued [hereunder] pursuant to the provisions of this chapter and may be pledged therefor. If during any period any securities payable from [such] these tax proceeds are outstanding, [such] the tax receipts [shall] must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 [shall] must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time [such] the tax receipts are so apportioned, provision has been [duly] made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as [the same] they become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.
7. The ordinance authorizing the issuance of any bond or other revenue security hereunder [shall] must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. [Nothing herein contained shall be construed as requiring] This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, [nor as preventing] or prevent the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to [such] approval by the commission of the project as so modified.
Sec. 146. NRS 374.150 is hereby amended to read as follows:
374.150 1. Whenever any person fails to comply with any provision of this chapter relating to the sales tax or any regulation of the department relating to the sales tax prescribed and adopted under this chapter, the department, [upon hearing, after giving the person 10 days notice] after a hearing of which the person was given prior notice of at least 10 days in writing specifying the time and place of the hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.
κ1985 Statutes of Nevada, Page 286 (CHAPTER 82, SB 59)κ
department relating to the sales tax prescribed and adopted under this chapter, the department, [upon hearing, after giving the person 10 days notice] after a hearing of which the person was given prior notice of at least 10 days in writing specifying the time and place of the hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.
2. The department shall give to the person written notice of the suspension or revocation of any of his permits.
3. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
4. The department shall not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the sales tax and the regulations of the department.
[5. If a permit is revoked, the department may order the place of business for which the permit was issued to be locked and sealed.]
Sec. 147. NRS 374.760 is hereby amended to read as follows:
374.760 Any retailer or other person who fails or refuses to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the department, or who renders a false or fraudulent return, [is guilty of a misdemeanor and subject to a fine of not exceeding] shall be fined not more than $500 for each offense.
Sec. 148. NRS 387.541 is hereby amended to read as follows:
387.541 1. Bonds of any such county school district for the joint facility [shall] must not be issued unless:
(a) [Such] The bonds are approved by the general obligation bond commission of the particular county pursuant to NRS 350.001 to 350.006, inclusive; and
(b) The registered voters of each of [such] the county school districts approve a proposal for the issuance of the bonds of the particular county school district pursuant to the provisions of this chapter.
2. If proposals for the issuance of each school districts general obligation bonds carry as provided in subsection 1, each school district, acting by and through its board of trustees, for the purpose of defraying all or any part of the cost of the joint facility or project, may borrow money and otherwise become obligated in the total authorized principal amount, and may issue [at one time or from time to time, but not after] within 6 years from the date of the election authorizing [such] the issue, bonds and other securities of the county school district constituting its general obligations to evidence [such] obligations, in accordance with the Local Government Securities Law . [, as from time to time amended.
3. Nothing in this section shall be construed as preventing]
3. This section does not prevent any county school district from funding, refunding or reissuing at any time [or from time to time] any securities of the county school district pertaining to the facility or project as provided in the Local Government Securities Law, [as from time to time amended,] except as therein limited.
κ1985 Statutes of Nevada, Page 287 (CHAPTER 82, SB 59)κ
securities of the county school district pertaining to the facility or project as provided in the Local Government Securities Law, [as from time to time amended,] except as therein limited.
Sec. 149. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist certificated personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. [Such] The noncertificated personnel must be directly supervised by certificated personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a certificated person in attendance.
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Each applicant for employment pursuant to this section, except a teacher certificated by the state board of education, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forwardthe fingerprints to the Federal Bureau of Investigation for its report.
4. The board of trustees of a school district may employ or appoint persons to serve as security officers [. Security officers are peace officers as defined in NRS 169.125. The provisions of this subsection do not constitute such security officers as police officers for the purposes of NRS 286.510.] who have the powers of peace officers.
Sec. 150. NRS 407.065 is hereby amended to read as follows:
407.065 The administrator, subject to the approval of the director, may:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.
2. Protect state parks and property controlled or administered by it from misuse or damage and preserve the peace within those areas. At the discretion of the administrator, rangers and employees of the division have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division. The administrator may appoint or designate certain [division] employees of the division to have the general authority of peace officers . [as provided in NRS 169.125, but those employees are not police officers or firemen for the purposes of NRS 286.510.]
3. Allow multiple use of state parks and real property controlled or administered by it for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such regulations as may be adopted in furtherance of the purposes of the division.
κ1985 Statutes of Nevada, Page 288 (CHAPTER 82, SB 59)κ
and subject to such regulations as may be adopted in furtherance of the purposes of the division.
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees for them, which must be deposited in the state general fund. No fees for special services may be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the state general fund.
6. Establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the legislature. [These] The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the administrator.
Sec. 151. NRS 408.373 is hereby amended to read as follows:
408.373 1. [Every successful contractor to whom a contract is awarded shall be liable under the provisions of the Nevada Industrial Insurance Act (chapter 616 of NRS), and shall pay the premiums and percentages as required in such act. The Nevada Industrial Insurance Act shall be mandatory and compulsory upon every such contractor.] Before paying any money or drawing his warrant in payment to [the contractor,] a person to whom a contract is awarded, the state controller [may] shall require satisfactory evidence of the payment of the premiums required [under the Nevada Industrial Insurance Act, and he shall withhold payment to the contractor or his assigns until such evidence is provided.
2. Every successful contractor to whom a contract is awarded in accordance with the provisions of this chapter shall be subject to the provisions of the Unemployment Compensation Law (chapter 612 of NRS), and, if determined to be an employer within the provisions of the Unemployment Compensation Law and therefore subject to the payment of contributions as therein provided, shall pay the contributions as required in such law. Payment of contributions levied in accordance with the Unemployment Compensation Law shall be mandatory and compulsory upon every contractor qualified as an employer as therein defined. Before paying any money or drawing his warrant in payment to the contractor, the state controller may require satisfactory evidence of the payment] by chapter 616 of NRS and of the contributions required [under the Unemployment Compensation Law,] by chapter 612 of NRS, and he shall withhold payment to the contractor or his assigns until [such] the evidence is provided.
[3.] 2. If a contractor fails to pay premiums or contributions as required by the provisions of chapter 612 or 616 of NRS, the state controller may make the payments from [moneys] money withheld pursuant to the provisions of [subsections 1 and 2.
κ1985 Statutes of Nevada, Page 289 (CHAPTER 82, SB 59)κ
required by the provisions of chapter 612 or 616 of NRS, the state controller may make the payments from [moneys] money withheld pursuant to the provisions of [subsections 1 and 2.
4. Every successful contractor to whom a contract is awarded shall be subject to the provisions of all federal, state and local laws and the rules, regulations and ordinances created under such laws.] subsection 1.
3. Failure to comply with [such] all federal, state and local laws, rules, regulations and ordinances [shall be] is sufficient cause to withhold any [moneys] money due the contractor until compliance therewith.
Sec. 152. NRS 416.080 is hereby amended to read as follows:
416.080 1. If the governor issues a proclamation of a water or energy emergency under this chapter, he shall adopt procedures by which any person directly affected may, for good cause, apply for a partial or total variance from any regulation or order issued pursuant to NRS 416.060.
2. In adopting these procedures, the governor may designate an appropriate state administrative agency to conduct a hearing on each application, receive sworn testimony, issue subpenas for witnesses, books, papers or other documents or records considered relevant for the proper disposition of the application, and to issue decisions after a hearing on each application.
3. A person aggrieved by a final decision under this section is entitled to judicial review of the decision [as] in the manner provided by law [.] for the review of the decisions of administrative agencies in contested cases.
Sec. 153. NRS 435.365 is hereby amended to read as follows:
435.365 1. Whenever a profoundly mentally retarded person is cared for by a parent or other relative with whom he lives, that parent or relative is entitled to receive assistance on a monthly basis from the mental hygiene and mental retardation division for each person who lives and is cared for in the home if the division finds that:
(a) The profoundly mentally retarded person is receiving adequate care; and
(b) Neither he nor the parent or other relative with whom he lives is reasonably able to pay for his care and support.
The amount of such assistance is established by law for each fiscal year.
2. The division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining [whether to provide] the amount of assistance to be provided to an eligible applicant . [beyond the minimum amount specified by law for the applicable fiscal year.]
3. The decision of the division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
κ1985 Statutes of Nevada, Page 290 (CHAPTER 82, SB 59)κ
Sec. 154. NRS 439A.014 is hereby amended to read as follows:
439A.014 Federal Act means 42 U.S.C. §§ [300k to 300t,] 300k-l to 300n-4, inclusive.
Sec. 155. NRS 440.060 is hereby amended to read as follows:
440.060 As used in this chapter, state registrar means the state registrar of vital statistics . [, who is the state health officer.]
Sec. 156. NRS 440.370 is hereby amended to read as follows:
440.370 The statement of facts relating to the disposition of the body must be signed by the funeral director or person acting as [such.] undertaker.
Sec. 157. NRS 440.390 is hereby amended to read as follows:
440.390 The certificate of stillbirth must be presented by the funeral director or person acting as [such] undertaker to the physician in attendance at the stillbirth, for the certificate of the fact of stillbirth and the medical data pertaining to stillbirth as the physician can furnish them in his professional capacity.
Sec. 157.5. NRS 445.493 is hereby amended to read as follows:
445.493 [1. No regulation adopted pursuant to any provision of NRS 445.401 to 445.601, inclusive, may be enforced as to indirect sources if it is more stringent with respect to the size cutoffs established for designated areas pursuant to the United States Clean Air Act of 1963 and the rules and regulations adopted in furtherance thereof.
2. Except as provided in subsections 3 and 4, if the United States Environmental Protection Agency delays the effective date for enforcement of its indirect source regulations beyond January 17, 1977, the authority of a state agency or district board of health to review new indirect sources expires. Those projects approved before that date must continue under the guidelines established in their permit.
3. If the federal indirect source regulations] If any federal regulations relating to indirect sources become effective after January 17, 1977:
[(a)] 1. The authority of a state agency to review new indirect sources may be exercised only:
[(1)] (a) In the enforcement of [the federal indirect source] those federal regulations; and
[(2)] (b) To the extent enforcement by the state agency is required by the federal act.
[(b)] 2. The governing body of each county and each city may enforce within its jurisdiction the federal [indirect source] regulations relating to indirect sources or any [indirect source] regulations it adopts relating to indirect sources which are no more strict than the federal [indirect source] regulations, to the extent that local enforcement is not inconsistent with the requirements of the federal act.
[4. The department may review any indirect source proposed to be constructed after July 1, 1981, if the proposed indirect source is in this state and in an area governed by a bistate regional planning agency and if an application for a certificate of registration is received by the department on or before November 1, 1981, unless:
κ1985 Statutes of Nevada, Page 291 (CHAPTER 82, SB 59)κ
and if an application for a certificate of registration is received by the department on or before November 1, 1981, unless:
(a) The provisions of subsection 2 are approved by the United States Environmental Protection Agency as a modification of the states plan for enforcement; or
(b) The provisions of the states plan for review of indirect sources may otherwise be repealed without the approval of the United States Environmental Protection Agency.
An applicant for a certificate of registration pursuant to this section shall submit with the application a fee to be fixed by the department in an amount sufficient to cover its expenses of inspection and studies concerning the proposed construction and all other expenses incurred in acting upon the application. The department shall return any portion of the fee which is not expended for that purpose.]
Sec. 158. NRS 445.546 is hereby amended to read as follows:
445.546 1. Except as provided in subsection 4 and in [subsections 2 and 3 of] NRS 445.493:
(a) The district board of health, county board of health or board of county commissioners in each county which has a population of 100,000 or more shall establish [an air pollution control program] a program for the control of air pollution and administer the program within its jurisdiction unless superseded.
(b) The program [shall:
(1) Establish by ordinance or local regulation standards of emission control,] must:
(1) Include standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation; and
(2) Provide for adequate administration, enforcement, financing and staff.
(c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445.401 to 445.601, inclusive, and the federal act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the federal act.
(d) Powers and responsibilities provided for in NRS 445.461, 445.476 to 445.526, inclusive, 445.571 [to 445.581, inclusive,] , 445.576, 445.581 and 445.601 [shall be] are binding upon and [shall] inure to the benefit of local air pollution control authorities within their jurisdiction.
2. The local air pollution control board shall carry out all provisions of NRS 445.466 with the exception that notices of public hearings [shall] must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] once a week for 3 weeks, which notice must specify with particularity the reasons for the proposed regulations and provide other informative details.
κ1985 Statutes of Nevada, Page 292 (CHAPTER 82, SB 59)κ
NRS 445.466 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445.598.
3. Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own [air pollution control program.] program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the commission.
4. No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to [emission control of fossil fuel-fired electric steam generating facilities.] the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.
Sec. 159. NRS 445.596 is hereby amended to read as follows:
445.596 [Nothing in] NRS 445.401 to [445.591, inclusive, shall be construed to] 445.586, inclusive, does not abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor in the courts of this state or the courts of the United States on a tort claim against the United States or a federal agency as authorized by federal statutes.
Sec. 160. NRS 446.880 is hereby amended to read as follows:
446.880 1. Permits issued under the provisions of this chapter may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of this chapter.
2. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, the permit holder or operator must be notified in writing that the permit is, upon service of the notice, immediately suspended or that the establishment is downgraded if that is the case. The notice must also contain a statement informing the permit holder or operator that an opportunity for a hearing will be provided if a written request for a hearing is filed by him with the health authority.
3. Whenever the health authority finds an insanitary or other condition in the operation of a food establishment which, in his judgment, constitutes a substantial hazard to the public health, he may without warning, notice or hearing issue a written order to the permit holder or operator citing the condition, specifying the corrective action to be taken, and specifying the time within which the action must be taken. The order may state that the permit is immediately suspended and all food operations must be immediately discontinued. Any person to whom such an order is issued shall comply with it immediately. Upon written petition to the health authority, the person must be afforded a hearing as soon as possible.
4. Any person whose permit has been suspended may, at any time, make application for a reinspection for [the purpose of] reinstatement of the permit.
κ1985 Statutes of Nevada, Page 293 (CHAPTER 82, SB 59)κ
make application for a reinspection for [the purpose of] reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit must be reinstated.
5. For serious or repeated violations of any of the requirements of this chapter or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Before taking such an action, the health authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising [that the permit will be permanently revoked at the end of 5 days following service of the notice unless a request for a hearing is filed with the health authority by the permit holder within 5 days.] the permit holder of the requirements for filing a request for a hearing. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
6. The health authority may permanently revoke a permit after 5 days following service of the notice unless a request for a hearing is filed with the health authority by the permit holder within 5 days.
7. The hearings provided for in this section must be conducted by the health authority at a time and place designated by him. Based upon the record of the hearing, the health authority shall make a finding and may sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision must be furnished to the permit holder by the health authority.
Sec. 161. NRS 450.045 is hereby amended to read as follows:
450.045 Whenever a question of issuing bonds submitted to the qualified electors of any county pursuant to NRS 450.030, 450.040 or 450.043 has been approved as provided in NRS 350.070, [as from time to time amended,] the board or boards of county commissioners shall immediately proceed to appoint the board of hospital trustees and shall proceed to issue and sell the bonds as provided in NRS 450.010 to 450.510, inclusive, subject to the provisions of the Local Government Securities Law . [, as from time to time amended.]
Sec. 162. NRS 450.300 is hereby amended to read as follows:
450.300 Subject to the provisions of NRS 450.290, for any hospital facilities authorized by NRS 450.010 to 450.510, inclusive, the board of county commissioners [, as the board may determine from time to time,] may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other county securities, and in connection with [such] the undertaking or [such] facilities, the board may otherwise proceed as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 163. NRS 453.261 is hereby amended to read as follows:
453.261 1. The division or the board may make administrative inspections of controlled premises in accordance with the following provisions:
κ1985 Statutes of Nevada, Page 294 (CHAPTER 82, SB 59)κ
inspections of controlled premises in accordance with the following provisions:
(a) When authorized by an administrative [inspection] warrant for inspection issued pursuant to NRS 453.266 , [to] an officer, employee or [peace officer as defined in NRS 169.125,] other person who possesses some or all of the powers of a peace officer, designated by the division or the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(b) When authorized by an administrative [inspection warrant,] warrant for inspection, an officer, employee or [peace officer as defined in NRS 169.125,] other person who possesses some or all of the powers of a peace officer, designated by the division or the board may:
(1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.551, inclusive;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of the provisions of NRS 453.011 to 453.551, inclusive; and
(3) Inventory any stock of any controlled substance therein and obtain samples thereof.
2. Members and investigators of the board, inspectors of the Food and Drug Administration, agents of the Bureau, and agents of the division are authorized to remove the original prescription for a controlled substance from the files of a pharmacy if the prescription is to be used as evidence in a contemplated criminal or civil action or administrative proceeding. The person removing the prescription shall:
(a) Affix the name and address of the pharmacy to the back side of the prescription;
(b) Affix his initials, and cause the pharmacist on duty to affix his initials, and note the date of the removal on the back of the prescription;
(c) Affix the name of the agency for which he is removing the prescription;
(d) Provide a receipt for the prescription to the pharmacy; and
(e) Return a photostatic copy of both sides of the prescription to the pharmacy within 5 working days after removal.
3. This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) If the owner, operator or agent in charge of the controlled premises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
κ1985 Statutes of Nevada, Page 295 (CHAPTER 82, SB 59)κ
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionally required.
4. An inspection authorized by this section must not extend to financial data, sales data, other than [shipment] data for shipment or pricing [data] unless the owner, operator or agent in charge of the controlled premises consents in writing.
5. For purposes of this section, controlled premises means:
(a) Places where persons registered or exempted from [registration] the requirements for registration under the provisions of NRS 453.011 to 453.551, inclusive, are required to keep records;
(b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from [registration] the requirements for registration under the provisions of NRS 453.011 to 453.551, inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance; and
(c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.
Sec. 164. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to [453.531,] 453.551, inclusive:
1. Medical intern means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
2. Physician, dentist, podiatrist, veterinarian and pharmacist means persons authorized by a [currently] valid license to practice their respective professions in this state who are registered with the board.
Sec. 165. NRS 458.110 is hereby amended to read as follows:
458.110 In addition to the activities set forth in NRS 458.025 to [458.114,] 458.115, inclusive, the bureau may engage in any activity necessary to effectuate the purposes of this chapter.
Sec. 166. NRS 461.183 is hereby amended to read as follows:
461.183 All fees collected pursuant to this chapter must be deposited in the state treasury for credit to the [manufactured housing fund.] fund for manufactured housing. All expenses for the enforcement of this chapter must be paid from the fund.
Sec. 167. NRS 461.270 is hereby amended to read as follows:
461.270 Any person who violates any of the provisions of this chapter or any [rules or] regulations adopted pursuant to this chapter [is guilty of a misdemeanor, punishable] shall be punished by a fine not exceeding $500 or by imprisonment not exceeding 30 days, or by both [such] fine and imprisonment.
Sec. 168. NRS 461A.220 is hereby amended to read as follows:
461A.220 1. A person shall not:
(a) Construct a mobile home park; or
κ1985 Statutes of Nevada, Page 296 (CHAPTER 82, SB 59)κ
(b) Construct or alter lots, roads or other facilities in a mobile home park,
unless he has obtained a construction permit from the agency for enforcement.
2. Each agency for enforcement may charge and collect reasonable fees, specified by ordinance or regulation, for its services.
3. Money collected by the division pursuant to this chapter must be deposited in the state treasury for credit to the fund for manufactured housing . [which is hereby created as a special revenue fund.] Expenses of enforcement of this chapter must be paid from the fund . [as other claims against the state are paid.]
Sec. 169. NRS 472.040 is hereby amended to read as follows:
472.040 1. The state forester firewarden shall:
(a) Supervise or coordinate all forestry and watershed work on state and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the director of the state department of conservation and natural resources or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d) Designate the boundaries of each area of the state where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
(g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firemen and award grants of money for those purposes to fire departments and educational institutions in this state.
2. The state forester firewarden in carrying out the provisions of this chapter may:
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board [or boards] of county commissioners of [the county or counties] each county concerned, and when so appointed the foresters and firewardens have only [the police] those powers of peace officers necessary to enforce the provisions of those laws.
κ1985 Statutes of Nevada, Page 297 (CHAPTER 82, SB 59)κ
(b) Appoint suitable citizen-wardens who may exercise [all of the police powers of] the same powers of peace officers as paid firewardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens have [all of the police powers of] the same powers of peace officers as paid firewardens, but they are not entitled to compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators, who [are peace officers as provided in NRS 169.125, but] have the powers of peace officers, but are not police officers or firemen for the purposes of NRS 286.510.
(e) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g) With the approval of the director of the state department of conservation and natural resources and the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the attorney general.
(h) Expend any money appropriated by the state to the division of forestry of the state department of conservation and natural resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
3. The state forester firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the director of the state department of conservation and natural resources.
Sec. 170. NRS 473.010 is hereby amended to read as follows:
473.010 As used in this chapter, [the Clarke-McNary Act means that certain Act of Congress, approved June 7, 1924, together with any amendments thereto, designated as c. 348, 43 Stat. 653.] federal aid means aid provided pursuant to Title 16 of the United States Code.
Sec. 171. NRS 473.020 is hereby amended to read as follows:
473.020 1. Property owners of land in watershed areas or lands having an inflammable cover in one or more counties in this state may institute proceedings for the formation of a fire protection district for the purpose of securing federal aid [under the Clarke-McNary Act] by petition to the state forester firewarden.
κ1985 Statutes of Nevada, Page 298 (CHAPTER 82, SB 59)κ
institute proceedings for the formation of a fire protection district for the purpose of securing federal aid [under the Clarke-McNary Act] by petition to the state forester firewarden.
2. The petition [shall:] must:
(a) Set forth the territory in the county to be included in the fire protection district; and
(b) Be signed by at least 25 percent of the property owners within [such] the territory.
3. The state forester firewarden shall determine the feasibility of the formation of [such] the district and shall notify the board of county commissioners of his decision and transmit a copy of the petition to the board.
Sec. 172. NRS 473.034 is hereby amended to read as follows:
473.034 1. Upon the hearing of the matter, the board of county commissioners shall determine whether [or not] the petition complies with the requirements and purposes of this chapter, and must hear all competent and relevant testimony offered in support or in objection thereto. Upon completion of the hearing the board shall, by order, determine whether [or not such a] the proposed district [shall] will be formed and [such order shall] the order must be entered upon the minutes of the board of county commissioners.
2. Upon the entry of the order of formation of the district, the board of county commissioners shall forthwith notify the state forester firewarden of the formation of the district. The state forester firewarden shall establish [rules and] regulations for the organization of the area included within the district to meet the terms and requirements [of the Clarke-McNary Act.] for federal aid.
Sec. 173. NRS 473.035 is hereby amended to read as follows:
473.035 1. New territory may be included in any fire protection district organized under this chapter in the manner provided in subsections 2 to 5, inclusive.
2. Upon receiving a written petition containing a description of the territory proposed to be included (which territory must be contiguous to the district), which petition must contain a statement advising the signers that their property will be subject to the levy of a tax for the support of the fire protection district, and be signed by not less than a majority of the property owners within [such] the territory, the state forester firewarden shall determine the feasibility of including that territory and shall notify the board of directors of the district of his decision.
3. The board of directors, upon receipt of a notice in writing from the state forester firewarden of the decision to include territory in the fire protection district, shall prepare a resolution:
(a) Describing the territory to be included; and
(b) Stating the purpose for its inclusion.
4. Upon the adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of [such] the resolution. The territory is in the fire protection district from the date of [such] the resolution.
κ1985 Statutes of Nevada, Page 299 (CHAPTER 82, SB 59)κ
5. Upon the inclusion of any contiguous territory in a fire protection district the state forester firewarden shall adopt regulations for the organization of the territory to meet the terms [of the Clarke-McNary Act.] and requirements for federal aid.
Sec. 174. NRS 473.060 is hereby amended to read as follows:
473.060 The board of directors [is empowered to] may prepare, issue and sell negotiable coupon bonds not exceeding $50,000 in amount, exclusive of interest, for the purpose of providing [funds] money for the purchase of firefighting equipment and other necessary facilities for use in the respective fire protection districts eligible for federal aid . [under the Clarke-McNary Act.]
Sec. 175. NRS 474.530 is hereby amended to read as follows:
474.530 1. Where 25 percent of the property owners in a fire protection district or a designated portion of a fire protection district organized as provided in chapter 473 of NRS petition the state forester firewarden to dissolve [such] the district or to exclude the designated portion thereof and to place the territory of [such] the district or designated portion thereof within the provisions of NRS 474.460 to 474.550, inclusive, the state forester firewarden shall determine whether [or not] the petition is feasible and shall notify the board of directors of the district of his decision.
2. Upon receipt of a notice in writing from the state forester firewarden, stating that the petition is approved, the district board of directors shall prepare a resolution describing the territory of the district or designated portion thereof, dissolving the district or excluding the designated portion therefrom and stating the reasons therefor.
3. Upon adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of [such] the resolution, and [such district shall] the district must be dissolved or the designated portion excluded forthwith and [shall come under] is subject to the provisions of NRS 474.460 to 474.550, inclusive.
4. The state forester firewarden shall promulgate regulations for forest, watershed and brush fire control in the territory of the dissolved district or excluded portion to meet the terms [of the Clarke-McNary Act,] and requirements for federal aid as defined in NRS 473.010, and shall continue to administer this function, directly or indirectly, as he may consider in the best interest of the state.
5. The property and facilities of the dissolved district or excluded portion [shall] become the property of the county [or counties] in which [such] the territory lies in a manner determined by the state forester firewarden to comply with state and federal laws and regulations.
6. The provisions of NRS 474.440 [shall] apply to any outstanding or bonded indebtedness of the district at the time of its dissolution or the exclusion of territory.
Sec. 176. NRS 477.015 is hereby amended to read as follows:
477.015 The state fire marshal, his assistant and his deputies have the powers of peace officers but are not police officers or firemen for the purpose of early retirement under chapter 286 of NRS.
κ1985 Statutes of Nevada, Page 300 (CHAPTER 82, SB 59)κ
the powers of peace officers but are not police officers or firemen for the purpose of early retirement under chapter 286 of NRS.
Sec. 177. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
The chiefs of the divisions of the department have the powers of peace officers.
Sec. 178. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may organize the department into various divisions and alter the organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) [From time to time adopt] Adopt regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as department agents for the purpose of selling temporary licenses. The vendor must be remunerated at a rate not to exceed 75 cents per temporary license. The vendor shall collect the tax, fees and licenses provided for in chapters 366 and 706 of NRS, and pay them to the department. The vendor shall guarantee [such] payment by giving a bond to the state in such sum as may be fixed by the director. The premium on [such] the bond may be paid by the department. The director may appoint inspectors of the public service commission of Nevada and Nevada highway patrolmen to serve without remuneration as vendors for the purposes of this subsection.
5. The director may delegate to the officers and employees of the department such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.
6. The director has the powers of a peace officer.
Sec. 179. NRS 481.230 is hereby amended to read as follows:
481.230 1. The investigation division is composed of:
[1.] (a) A chief appointed by the director; and
[2.] (b) Within the limitations of legislative appropriation, a number of investigators and agents which the director determines to be sufficient to carry out the duties of the division, who are employed in the classified service of the state.
2. The investigators and agents of the investigation division of the department and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty, have the powers of peace officers.
κ1985 Statutes of Nevada, Page 301 (CHAPTER 82, SB 59)κ
principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty, have the powers of peace officers.
Sec. 180. NRS 482.545 is hereby amended to read as follows:
482.545 It is unlawful for any person to commit any of the following acts:
1. To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current [registration] period of registration or calendar year, subject to the exemption allowed in NRS 482.320 to [482.355,] 482.363, inclusive, 482.385 to [482.395,] 482.396, inclusive, and 482.420.
2. To move upon a highway any slide-in camper or camper-shell that does not have affixed on it the tax plate or sticker provided in NRS 361.5643, when [such] the movement is by a vehicle not subject to the exemption allowed in NRS 482.320 to [482.355,] 482.363, inclusive, 482.385 to [482,395,] 482.396, inclusive, and 482.420.
3. To display , [or] cause or permit to be displayed or to have in possession any [registration certificate,] certificate of registration, license plate, certificate of ownership or other document of title knowing [the same] it to be fictitious or to have been canceled, revoked, suspended or altered.
4. To lend to or knowingly permit the use of by one not entitled thereto any registration card or [registration number] plate issued to the person so lending or permitting the use thereof.
5. To fail or to refuse to surrender to the department, upon demand, any registration card or [registration number] plate which has been suspended, canceled or revoked as provided in this chapter.
6. To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application. A violation of this subsection is a gross misdemeanor.
7. Knowingly to operate a vehicle which has an altered vehicle identification number, serial number, motor number, other distinguishing number or identification mark required for registration . [purposes.]
Sec. 181. NRS 484.367 is hereby amended to read as follows:
484.367 1. Except as provided in subsection 2 and pursuant to the power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town [or city] in the county as may be deemed proper.
2. The department of transportation may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town [or city when such highways were] which are constructed and maintained under the authority granted by chapter 408 of NRS.
κ1985 Statutes of Nevada, Page 302 (CHAPTER 82, SB 59)κ
Sec. 182. NRS 484.376 is hereby amended to read as follows:
484.376 As used in NRS 484.377 to 484.393, inclusive, unless the context otherwise requires [:
1. Controlled] , controlled substance has the meaning ascribed to it in NRS 453.041.
[2. Substantial bodily harm has the meaning ascribed to it in NRS 193.015.]
Sec. 183. NRS 487.010 is hereby amended to read as follows:
487.010 1. Every keeper of a garage, parking area or trailer park who provides storage or parking for vehicles subject to registration under the laws of this state shall report the presence of vehicles to the persons set forth in subsection 3 as follows:
(a) If there is reason to believe that the vehicle is stolen, abandoned or secreted, within 24 hours after storage or parking begins.
(b) If there is reason to believe that the vehicle has been stored without the knowledge or consent of the registered owner, within 5 days after storage or parking begins.
(c) In any event within 30 days after storage or parking begins, even though notice may have previously been given under the provisions of paragraphs (a) and (b).
2. The notice must be given on forms provided by the state agency and include the vehicle registration plate number, the vehicle identification number and such other information as may be available which will aid in identifying the registered and the legal owner of the vehicle.
3. Notice must be given in person or by mail to:
(a) The sheriff of the county in which the vehicle is stored;
(b) If the vehicle is stored in a city, the chief of police of the city; or
(c) The state agency.
4. The notice required by this section must be given to the state agency if the vehicle has not been stored at the direction of either the sheriff of the county or, in the case of a city, the chief of police of the city in which the vehicle is stored.
5. The operator of the tow car shall within 15 days after storage begins:
(a) If the vehicle is registered in this state, notify the legal owner and any holder of a security interest who appears of record.
(b) If the vehicle is registered in another state, request from the appropriate agency of that state the name and address of the legal owner and holder of a security interest. If the names and addresses are obtained, the operator of the tow car shall notify each of [such] the persons.
The state agency may utilize local law enforcement agencies of this state to obtain the necessary information [.] for the operator of the tow car.
6. Failure to comply with the provisions of subsections 1 [to 3, inclusive,] , 2 and 3 renders any lien for storage beyond 24 hours, 5 days or 30 days, respectively, void.
κ1985 Statutes of Nevada, Page 303 (CHAPTER 82, SB 59)κ
Sec. 184. NRS 489.491 is hereby amended to read as follows:
489.491 1. All fees collected pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the fund for manufactured housing [fund] which is hereby created as a special revenue fund. All expenses of the enforcement of this chapter must be paid from the fund.
2. The fund may not be used for any purpose, except the regulation of manufactured homes, mobile homes, travel trailers and commercial coaches and the administration of chapters 461 and 461A of NRS.
3. Claims against the fund must be paid as other claims against the state are paid.
Sec. 185. NRS 489.581 is hereby amended to read as follows:
489.581 Compliance with the provisions of this chapter relating to a security interest in a manufactured home, mobile home or commercial coach is sufficient for the perfection and release of that security interest . [and for exemption from the requirement of filing a financing statement under the provisions of paragraph (b) of subsection 3 of NRS 104.9302.] In all other respects the rights and duties of the debtor and secured party are governed by the Uniform Commercial Code — Secured Transactions and chapter 97 of NRS to the extent applicable.
Sec. 186. NRS 489.651 is hereby amended to read as follows:
489.651 1. The division shall provide each county assessor with a sufficient quantity of application and permit forms.
2. The assessor or an appropriate officer shall remit one-half of the fee collected for the trip permit monthly to the division for deposit in the [manufactured housing fund.] fund for manufactured housing.
Sec. 187. NRS 496.095 is hereby amended to read as follows:
496.095 In contracting with persons to furnish facilities or services for the purposes of this chapter, a municipality may award exclusive or limited rights or franchises which would, absent this grant of authority, violate state or federal laws prohibiting [antitrust] anticompetitive activities. A municipality may grant exclusive or limited agreements which replace business competition with regulated anticompetitive services, subject only to the regulatory authority vested by law in the public service commission of Nevada or the taxicab authority.
Sec. 188. NRS 513.103 is hereby amended to read as follows:
513.103 1. The fund for the department of minerals is hereby created in the state treasury as a special revenue fund.
2. The following special fees and money must be deposited in the fund:
(a) All fees collected under chapter 522 of NRS.
(b) [Special fees collected under NRS 517.230 and assigned to the fund.
(c)] Any money appropriated to the department from the state general fund.
3. No money except that appropriated from the state general fund reverts to the state general fund.
κ1985 Statutes of Nevada, Page 304 (CHAPTER 82, SB 59)κ
4. The money in the fund is appropriated to the department and must be expended for the purposes of administering the provisions of this chapter and chapter 522 of NRS. All interest earned on the fund must remain in the fund.
Sec. 189. NRS 522.120 is hereby amended to read as follows:
522.120 1. Any person who willfully violates any provision of this chapter, or any regulation or order of the department is subject to a penalty of not more than $1,000 for each act of violation and for each day that [such] the violation continues, unless the penalty for the violation is otherwise provided for and made exclusive in this chapter.
2. If any person, for the purpose of evading this chapter, or any regulation or order of the department, makes or causes to be made any false entry in any record, account or memorandum required by this chapter, or by any such regulation or order, or omits or causes to be omitted, from any such record, account or memorandum, full, true and correct entries as required by this chapter, or by any such regulation or order, or removes from this state or destroys, mutilates, alters or falsifies any such record, account or memorandum, that person is guilty of a gross misdemeanor.
3. Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any regulation or order of the department is subject to the same penalty as that prescribed by this chapter for the violation by [such] the other person.
4. The penalties provided in this section are recoverable by suit filed by the attorney general in the name and on behalf of the [commission] department in the district court of the county in which the defendant resides or in which any defendant resides, if there [be] is more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty does not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of the violation.
Sec. 190. NRS 527.130 is hereby amended to read as follows:
527.130 As used in NRS 527.130 to 527.230, inclusive, unless the context otherwise requires:
1. Control means preventing, retarding, suppressing, eradicating or destroying forest pests.
2. Forest or forest land means land on which occurs a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses or for other purposes.
3. Forest pest means any insect or disease which is determined by the state forester to be harmful, injurious or destructive to forests or timber.
4. Infestation means actual, potential, incipient or emergency infestation or infection by forest pests.
5. Owner means any person owning any forest or forest lands.
6. Person includes a company, partnership, association or corporation as well as a natural person.
κ1985 Statutes of Nevada, Page 305 (CHAPTER 82, SB 59)κ
7. State forester means the state forester firewarden.
8. Timber includes forest trees, standing or down, dead or alive.
[9. The singular number shall include the plural, and the plural shall include the singular.]
Sec. 191. NRS 527.250 is hereby amended to read as follows:
527.250 1. It is unlawful for any person, firm, company or corporation to use a mechanical device to harvest cones or pine nuts from a pinon tree on lands owned by or under the control of the State of Nevada, or on any private lands without a written permit therefor from the owner or occupant of [such private lands] the land or his authorized agent.
2. Any violation of the provisions of this section is a misdemeanor . [, punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.]
3. The state forester firewarden and his representatives and all peace officers shall enforce the provisions of this section.
Sec. 192. NRS 528.090 is hereby amended to read as follows:
528.090 Any person who violates any of the provisions of NRS 528.010 to 528.090, inclusive, or any of the rules or regulations made under the authority of NRS 528.010 to 528.090, inclusive, is guilty of a misdemeanor . [, punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.]
Sec. 193. NRS 532.220 is hereby amended to read as follows:
532.220 1. The channel clearance, surveying and monumenting program is hereby established and must be administered by the state engineer.
2. This program is [to be used] to aid local governments in this state in the clearance, surveying and monumenting of navigable rivers.
3. Any incorporated city, county or other political subdivision of this state may apply to the state engineer for a grant [from] under this program if:
(a) Federal money is not available for the proposed project;
(b) The incorporated city, county or other political subdivision requesting the money agrees to match the state grant equally with its money; and
(c) The amount requested does not exceed the balance available.
4. As used in this section, navigable river means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.
Sec. 194. NRS 543.671 is hereby amended to read as follows:
543.671 Whenever the board determines that the cost of any project or improvement or part thereof should be paid by particular assessable property in the flood control district, it shall act in the manner provided in NRS [244A.207 to 244A.221, inclusive, and NRS 244A.225 to 244A.281,] 271.360 to 271.395, inclusive, and 271.405 to 271.535, inclusive.
κ1985 Statutes of Nevada, Page 306 (CHAPTER 82, SB 59)κ
in NRS [244A.207 to 244A.221, inclusive, and NRS 244A.225 to 244A.281,] 271.360 to 271.395, inclusive, and 271.405 to 271.535, inclusive. The projects, improvements or parts thereof whose costs may be so paid are those which confer upon the particular property to be assessed a benefit substantially different in kind or degree from the benefits conferred upon property in the district generally.
Sec. 195. NRS 543.690 is hereby amended to read as follows:
543.690 1. Upon the conditions and under the circumstances set forth in NRS 543.160 to 543.830, inclusive, a district may:
(a) Borrow money and issue the following securities to evidence such borrowing, subject to the provisions of NRS 543.720 to 543.760, inclusive:
(1) Notes;
(2) Warrants;
(3) Bonds;
(4) Temporary bonds;
(5) Interim debentures; and
(6) Special assessment bonds; and
(b) Make another type contract creating an indebtedness.
2. Subject to the provisions of subsection 1, the board [, as it may determine from time to time,] may, on the behalf and in the name of the district, issue [such] the securities, and in connection with any undertaking or facilities authorized in the Flood Control District Law, the board may otherwise proceed as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 196. NRS 567.100 is hereby amended to read as follows:
567.100 As used in NRS 567.100 to 567.170, inclusive:
1. Board means the state board of sheep commissioners.
2. Committee means the state woolgrowers predatory animal committee.
[3. Sheep shall include goats.]
Sec. 197. NRS 567.110 is hereby amended to read as follows:
567.110 1. The state board of sheep commissioners, acting as the state woolgrowers predatory animal committee, may make an annual special tax levy of not to exceed the equivalent of 20 cents per head on all sheep [.] and goats.
2. The special tax levy is designated as the woolgrowers predatory animal control levy. The special tax must be levied and collected as are other property taxes by the tax-levying and tax-collecting authorities of the various counties for the tax year following receipt of notice of the special levy from the board by the county taxing authorities.
3. The notice must be sent by the board to the boards of county commissioners of the several counties on or before September 15 of each year.
Sec. 198. NRS 581.020 is hereby amended to read as follows:
581.020 Person includes [both the singular and plural number, and includes an individual,] a natural person, firm, partnership, corporation, company, society or association.
κ1985 Statutes of Nevada, Page 307 (CHAPTER 82, SB 59)κ
Sec. 199. NRS 584.023 is hereby amended to read as follows:
584.023 A copy of every regulation adopted by the state board of health [, bearing the date on which it takes effect, shall be filed with the secretary of state, and copies of the regulations shall] must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and citizens of the state.
Sec. 200. NRS 584.176 is hereby amended to read as follows:
584.176 As used in NRS 584.177 [:
1. Distributor has the meaning ascribed to it in NRS 584.345.
2. Substitute] , substitute diary product means any substance, mixture or compound intended for human consumption as a food product other than milk or dairy products which are intended to resemble milk or dairy products, but contain fat or oil other than milk fat.
Sec. 201. NRS 607.060 is hereby amended to read as follows:
607.060 The labor commissioner may employ one chief assistant, who [shall be] is in the unclassified service of the state, stenographic and clerical help and statistical assistance. [Compensation of such employees shall be fixed in accordance with the provisions of chapter 284 of NRS.]
Sec. 202. NRS 607.140 is hereby amended to read as follows:
607.140 1. The labor commissioner shall prepare forms and blanks for the purpose of gathering the information and statistics required by this chapter, and may require any person, firm or corporation to give the information and statistical detail designated in [such] those forms.
2. Any person, firm or corporation who refuses to furnish such detail and statistics in the form required [is guilty of a misdemeanor, and shall be punished by a fine of] shall be fined not more than $500.
Sec. 203. NRS 612.335 is hereby amended to read as follows:
612.335 1. Twenty-four months after the date when contributions first accrue under this chapter, benefits [shall] become payable from the fund; but wages earned for services performed in the employ of an employer, as defined in the Railroad Unemployment Insurance Act, approved June 25, 1938, being c. 680, 52 Stat. 1094, and also designated as 45 U.S.C. § 351 et seq., [shall] must not be included [for purposes of determining] to determine eligibility under paragraph (d) of subsection 1 of NRS 612.375 or total amount of benefits under NRS 612.355, with respect to any benefit year commencing on or after July 1, 1939, nor [shall] must any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on the basis of such wages under NRS 612.335 to [612.370,] 612.365, inclusive.
2. All benefits [shall] must be paid through the offices of the employment security department [offices] in accordance with such regulations as the executive director may prescribe.
Sec. 204. NRS 612.650 is hereby amended to read as follows:
612.650 1. In the event of any distribution of any employers assets either voluntarily or pursuant to any order of any court under the laws of this state, the lien for contributions then due [shall] must be paid in full, [prior to] before all other liens or claims except prior taxes and liens which have been recorded [prior to] before the time the contributions became due and claims for remuneration for services of not more than $600 to each claimant, earned within 3 months of the commencement of the proceeding.
κ1985 Statutes of Nevada, Page 308 (CHAPTER 82, SB 59)κ
laws of this state, the lien for contributions then due [shall] must be paid in full, [prior to] before all other liens or claims except prior taxes and liens which have been recorded [prior to] before the time the contributions became due and claims for remuneration for services of not more than $600 to each claimant, earned within 3 months of the commencement of the proceeding.
2. In the event of an employers adjudication in bankruptcy, judicially confirmed extension proposal, composition or other proceeding [under the Federal Bankruptcy Act of 1898, as amended,] in bankruptcy, contributions then or thereafter due [shall be] are entitled to the same priority as is afforded [by that act to] for taxes due to states.
Sec. 205. NRS 616.420 is hereby amended to read as follows:
616.420 1. If the administrator finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616.415 for which he has made arrangements, the administrator may, upon application of the employee, or upon [its] his own motion, order a change of physicians or of any other accident benefit requirements.
2. If the administrator orders a change of physicians or of any other accident benefits, the cost of the change must be borne by the system or the self-insured employer.
3. The cause of action of an insured employee against an employer insured by the system [or hospital association] must be assigned to the system.
Sec. 206. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The insurer shall select a physician from a group of rating physicians designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association publication, Guides to the Evaluation of Permanent Impairment, as it exists on the date most recently specified by regulation of the department. The department may supplement this publication by adopting regulations for a supplemental guide.
3. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.
4. Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimants average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or:
κ1985 Statutes of Nevada, Page 309 (CHAPTER 82, SB 59)κ
of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or:
(a) On or after July 1, 1983, and before July 1, 1984, until the claimant is 66 years of age;
(b) On or after July 1, 1984, and before July 1, 1985, until the claimant is 67 years of age;
(c) One or after July 1, 1985, and before July 1, 1986, until the claimant is 68 years of age;
(d) On or after July 1, 1986, and before July 1, 1987, until the claimant is 69 years of age; or
(e) On or after July 1, [1986,] 1987, until the claimant is 70 years of age,
whichever is later.
5. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
6. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
7. The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
8. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
9. This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 207. NRS 630.130 is hereby amended to read as follows:
630.130 The board may [, from time to time,] adopt such rules as may be necessary or desirable to enable it to carry into effect the provisions of this chapter.
Sec. 208. NRS 630A.050 is hereby amended to read as follows:
630A.050 Homeopathic physician means a person who:
1. Is a graduate of an academic program approved by the board or is qualified to perform homeopathic medical services by reason of general education, practical training and experience determined by the board to be satisfactory; and
2. Has received from the board a license [or permit] to practice homeopathic medicine.
Sec. 209. NRS 630A.220 is hereby amended to read as follows:
630A.220 It is unlawful for any person to practice homeopathic medicine in this state without first obtaining a license [or permit] so to do as provided in this chapter.
κ1985 Statutes of Nevada, Page 310 (CHAPTER 82, SB 59)κ
Sec. 210. NRS 630A.230 is hereby amended to read as follows:
630A.230 1. Every person desiring to practice homeopathic medicine shall, before beginning to practice, procure from the board a license [or permit] authorizing such practice.
2. A license [or permit] may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(b) Is licensed to practice allopathic or osteopathic medicine and has completed 6 months of postgraduate training approved by the board.
Sec. 211. NRS 630A.290 is hereby amended to read as follows:
630A.290 The board shall maintain records pertaining to applicants to whom licenses [or permits] have been issued or denied. The records must contain:
1. The [names of all applicants.] name and address of each applicant.
2. The name of the school granting the diploma.
3. The date of the diploma.
4. [Residence of the applicant.
5.] The date of issuance or denial of the license . [or permit.
6.] 5. Any other information required by the board.
Sec. 212. NRS 630A.300 is hereby amended to read as follows:
630A.300 All licenses [or permits] issued by the board must bear its seal and the signatures of its president and secretary. A license [or permit] authorizes the person to whom it is issued to practice homeopathic medicine.
Sec. 213. NRS 630A.330 is hereby amended to read as follows:
630A.330 1. Each applicant for a license to practice homeopathic medicine must pay a fee of $250.
2. Each applicant who fails an examination and who is permitted to be reexamined must pay a fee not to exceed $200 for each reexamination.
3. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request, refund a portion of the application fee not to exceed $100. There must be no refund of the application fee if an applicant appears for examination.
4. Each applicant for a [permit] license issued under the provisions of NRS 630A.310 or 630A.320, must pay a fee not to exceed $50, as determined by the board, and must pay a fee of $10 for each renewal of the [permit.] license.
5. Each holder of a license to practice homeopathic medicine must pay to the secretary-treasurer of the board on or before January 1 of each year an annual [registration] fee for registration to be set by the board and in no case to exceed the sum of $100 per year.
6. Any holder failing to pay the annual [registration] fee for registration after it becomes due must be given [a period of] 60 days in which to pay the fee, and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in Nevada is automatically suspended.
κ1985 Statutes of Nevada, Page 311 (CHAPTER 82, SB 59)κ
homeopathic medicine in Nevada is automatically suspended. The holder may, within 2 years from the date his license is suspended, on payment of twice the amount of the then-current annual [registration] fee for registration to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
7. The annual [registration] fee for registration must be collected for the year in which a homeopathic physician is licensed.
8. Notices must be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual [registration fee,] fee for registration, and a copy of the notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 214. NRS 630A.590 is hereby amended to read as follows:
630A.590 Any person who:
1. Presents as his own the diploma, license or credentials of another;
2. Gives either false or forged evidence of any kind to the board or any member thereof, in connection with an application for a license [or permit] to practice homeopathic medicine; or
3. Practices homeopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 215. NRS 632.120 is hereby amended to read as follows:
632.120 The board [is authorized to adopt, and from time to time revise, such rules and] may adopt such regulations, not inconsistent with law, as may be necessary to enable it to administer the provisions of this chapter.
Sec. 216. NRS 637A.360 is hereby amended to read as follows:
637A.360 Any person violating any provision of this chapter is guilty of a misdemeanor . [and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 217. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A real estate broker:
(a) Is an employer for the purpose of providing coverage for industrial insurance and occupational diseases, and must submit proof of coverage under chapters 616 and 617 of NRS for himself and any broker-salesman or salesman associated with him who has not agreed to pay premiums directly, in order to obtain or renew a license.
(b) Who is a natural person is an employee for the purposes of industrial insurance and occupational disease coverage.
(c) 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.
κ1985 Statutes of Nevada, Page 312 (CHAPTER 82, SB 59)κ
2. A real estate broker-salesman is an employee for the purposes of industrial insurance and occupational disease coverage, and must submit proof of coverage under chapters 616 and 617 of NRS in order to obtain or renew a license.
3. A real estate salesman is an employee for the purposes of industrial insurance and occupational disease coverage, and must submit proof of coverage under chapters 616 and 617 of NRS in order to obtain or renew a license.
Sec. 218. 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 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-salesman 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.]
Sec. 219. NRS 645.035 is hereby amended to read as follows:
645.035 1. Within the meaning of this chapter, a real estate broker-salesman is any person who holds a real estate brokers license, or who has passed the real estate brokers examination, but who, as an employee or as an independent contractor, for compensation or otherwise, is associated with a licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
κ1985 Statutes of Nevada, Page 313 (CHAPTER 82, SB 59)κ
capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
2. [A real estate broker-salesman is an employee for the purposes of industrial insurance and occupational disease coverage, and shall submit proof of coverage under chapters 616 and 617 of NRS in order to obtain or renew a license.
3.] In this chapter the term real estate salesman includes real estate broker-salesman when applicable.
Sec. 220. NRS 645.040 is hereby amended to read as follows:
645.040 [1.] Within the meaning of this chapter, a real estate salesman is any person who, as an employee or as an independent contractor, is associated with a licensed real estate broker or registered owner-developer to do or to deal in any act, acts or transactions set out or comprehended by the definition of a real estate broker in NRS 645.030, for a compensation or otherwise.
[2. A real estate salesman is an employee for the purposes of industrial insurance and occupational disease coverage, and shall submit proof of coverage under chapters 616 and 617 of NRS in order to obtain or renew a license.]
Sec. 221. NRS 647.140 is hereby amended to read as follows:
647.140 Every secondhand dealer and every clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.
2. Makes any false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the district attorney or any peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports any material matter falsely to the sheriff or to the chief of police.
6. Fails to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes or allows to be removed from his place of business any [unmarked] specifically marked property received, within 10 days after the record of the receipt of the property is furnished or mailed to the sheriff or to the chief of police.
8. Receives any property from any person under the age of 18 years, any common drunkard, any habitual user of controlled substances as defined in chapter 453 of NRS, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
κ1985 Statutes of Nevada, Page 314 (CHAPTER 82, SB 59)κ
Sec. 222. NRS 649.061 is hereby amended to read as follows:
649.061 1. The administrator shall notify all applicants for licensure [, or registration] or certification of the results of any examination taken under this chapter, by certified mail, as soon as the results are available.
2. All examination papers [shall] must be kept on file in the office of the administrator for at least 1 year, after which they may be destroyed.
Sec. 223. NRS 649.065 is hereby amended to read as follows:
649.065 1. The administrator shall keep in his office, in a suitable record provided for the purpose, all applications for certificates, [registrations,] licenses and all bonds required to be filed under this chapter. The record [shall] must state the date of issuance or denial of the license [, certificate or registration] or certificate and the date and nature of any action taken against any of them.
2. All licenses [, certificates and registrations] and certificates issued must be sufficiently identified in the record.
3. All renewals must be recorded in the same manner as originals, except that in addition, the word Renewal and the number of the preceding license or certificate issued must be recorded.
4. Except for confidential information contained therein, the record must be open for inspection as a public record in the office of the administrator.
Sec. 224. NRS 649.215 is hereby amended to read as follows:
649.215 The administrator, after a hearing, may refuse to permit an applicant for a managers certificate to take the examination, or may suspend or revoke a managers certificate if the applicant or manager has:
1. Committed [or done] any act which, if committed or done by a licensee, would be grounds for the suspension or revocation of a license.
2. Been refused a license [, certificate or registration] or certificate under this chapter or had a license [, certificate or registration] or certificate suspended or revoked.
3. Participated in any act, which act was a basis for the refusal or revocation of a collection agency license.
4. Falsified any of the information submitted to the administrator in support of an application under this chapter.
5. Impersonated, or permitted or aided and abetted another to impersonate, a law enforcement officer or employee of the United States, a state or any political subdivision thereof.
6. Made any statement in connection with his employment with a collection agency with the intent to give an impression that he was a law enforcement officer of the United States, a state or political subdivision thereof.
7. Filed a voluntary petition in bankruptcy, or been the object of an involuntary petition, and has been adjudicated a bankrupt within 5 years preceding the filing of an application for granting renewal or reinstatement of a managers certificate.
κ1985 Statutes of Nevada, Page 315 (CHAPTER 82, SB 59)κ
years preceding the filing of an application for granting renewal or reinstatement of a managers certificate.
Sec. 225. NRS 649.385 is hereby amended to read as follows:
649.385 1. Upon the filing with the administrator of a verified complaint against any collection agency [, manager or registered employee,] or manager, the administrator shall send a copy of the complaint to the accused and a copy to the attorney general.
2. The administrator may require the accused collection agency [, manager or registered employee] or manager to file a verified answer to the complaint within 10 days after service unless, for good cause shown, the administrator extends [such] the time for a period not to exceed 60 days.
3. After the verified answer is filed, the accused is entitled to be heard on the complaint at an informal hearing. If the complaint is not explained to the satisfaction of the administrator, he may take such action against the accused as may be authorized by the provisions of this chapter.
Sec. 226. NRS 659.125 is hereby amended to read as follows:
659.125 1. A corporation must not be chartered under the laws of this state with the words bank or banking as part of its name except corporations reporting to and under the supervision of the administrator, or corporations under the supervision of the commissioner of insurance. A corporate name must not be amended to include the words bank or banking unless the corporation is under such supervision.
2. No person, association, firm or corporation domiciled within this state, except corporations reporting to and under the supervision of the administrator or under the supervision of the commissioner of insurance, may advertise or put forth any sign as bank, banking or banker or use the word bank, banking or banker as part of its name and title.
3. Any [violation] person who violates any of the provisions of this section [is a misdemeanor, and upon conviction thereof the offender] shall be fined [in a sum not exceeding] not more than $500 for each offense.
Sec. 227. NRS 678.300 is hereby amended to read as follows:
678.300 1. Except for a credit [unions] union organized under the Federal Credit Union Act [, all credit unions] or a foreign credit union which has been issued a certificate of authority by the administrator, any credit union whose principal business is to borrow, loan and invest money on behalf of [their] its members and which [issue] issues membership certificates [shall] must be incorporated under the provisions of this chapter. For that purpose, the provisions of NRS 81.410 to 81.540, inclusive, which are not in conflict with the provisions of this chapter, apply to such corporations and to the officers and stockholders thereof, except as otherwise provided in NRS 678.342 to 678.347, inclusive.
2. A credit union organized under the provisions of this chapter has perpetual existence, subject to dissolution as provided in this chapter.
κ1985 Statutes of Nevada, Page 316 (CHAPTER 82, SB 59)κ
Sec. 228. NRS 703.377 is hereby amended to read as follows:
703.377 1. No certificate of public convenience and necessity, permit or license issued in accordance with the terms of NRS 704.010 to [704.810,] 704.751, inclusive, or 706.011 to 706.791, inclusive, is either a franchise or irrevocable.
2. The commission may at any time, for good cause shown, after investigation and hearing and upon 5 days written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, for a period not to exceed 60 days.
3. Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license but as to a public utility only if the commission has arranged for another public utility to provide the service for which the certificate was granted. If service of the notice provided in subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke the certificate, permit or license without a hearing.
4. The proceedings thereafter are governed by the provisions of NRS 703.373 to 703.376, inclusive.
Sec. 229. NRS 704.410 is hereby amended to read as follows:
704.410 1. Any public utility coming within the terms of NRS 704.010 to [704.810,] 704.751, inclusive, to whom a certificate or certificates of public convenience and necessity have been issued pursuant to NRS 704.010 to [704,810,] 704.751, inclusive, may transfer [such] the certificate or certificates to another person qualified under NRS 704.010 to [704.810,] 704.751, inclusive, but no such transfer is valid for any purpose until a joint application to make [such] the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.
2. The commission [, in its discretion,] may direct that a hearing be had in the matter of such transfer. If the commission determines that a hearing should be held, [such hearing should] the hearing must be noticed and conducted in like manner as other hearings before the commission.
3. The commission shall have the sole discretion to direct that a hearing [shall] be held if the application seeks to transfer the certificate from [an individual or individuals] a person or partners to a corporation when the officers of the corporation will be substantially the same [individual, individuals] person or partners.
4. The commission [, in its discretion,] may dispense with a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.
5. In determining whether the transfer of a certificate or certificates of public convenience and necessity to an applicant transferee should or should not be authorized, the commission shall take into consideration:
κ1985 Statutes of Nevada, Page 317 (CHAPTER 82, SB 59)κ
of public convenience and necessity to an applicant transferee should or should not be authorized, the commission shall take into consideration:
(a) The utility service performed by transferor and the proposed utility service of transferee;
(b) Other authorized utility services in the territory for which [such] the transfer is sought; and
(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.010 to [704,810,] 704.751, inclusive.
6. The commission may make such amendments, restrictions or modifications in a certificate or certificates upon transferring [such] the certificates as the public interest may require.
7. No transfer is valid beyond the life of the certificate or certificates transferred.
8. No transfer of stock of a public utility subject to the jurisdiction of the commission is valid without prior approval of the commission if the effect of [such] the transfer would be to change corporate control of the public utility or if a transfer of 15 percent or more of the common stock of the public utility is proposed.
Sec. 230. NRS 704.635 is hereby amended to read as follows:
704.635 When a complaint has been filed with the commission alleging that [any] a person is providing a service which requires a certificate of public convenience and necessity, or when the commission has reason to believe that any provision of NRS 704.020 to [704.810,] 704.751, inclusive, is being violated, the commission shall investigate [such] the operation and the commission may, after a hearing, make its order requiring that [such] the person cease and desist from any operation in violation of NRS 704.020 to [704.810,] 704.751, inclusive. The commission shall enforce [compliance with such] the order under the powers vested in the commission by NRS 704.010 to [704.810,] 704.751, inclusive, or other law.
Sec. 231. NRS 704.640 is hereby amended to read as follows:
704.640 Any person who:
1. Operates any public utility to which NRS 704.010 to [704.810,] 704.751, inclusive, applies without first obtaining a certificate of public convenience and necessity or in violation of the terms thereof;
2. Fails to make any return or report required by NRS 704.010 to [704.810,] 704.751, inclusive, or by the commission under the terms of NRS 704.010 to [704.810,] 704.751, inclusive.
3. Violates, or procures, aids or abets the violating of any provision of NRS 704.010 to [704.810,] 704.751, inclusive;
4. Fails to obey any order, decision or regulation of the commission;
5. Procures , [or] aids or abets any person in his failure to obey [such] the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.010 to [704.810,] 704.751, inclusive,
κ1985 Statutes of Nevada, Page 318 (CHAPTER 82, SB 59)κ
to perform as a public utility in violation of any of the provisions of NRS 704.010 to [704.810,] 704.751, inclusive,
shall be fined not more than $500.
Sec. 232. NRS 705.370 is hereby amended to read as follows:
705.370 1. Each railroad company or corporation or its receiver, owning or operating any railroad within this state, shall equip and maintain in each of its passenger trains, cabooses, locomotives, motors or diesel engines used in the propelling of trains or switching of cars an emergency first aid kit whose contents must be those prescribed by the public service commission of Nevada. Each passenger train and each caboose must be equipped with at least one stretcher. All of the contents of the emergency first aid kits, except the stretchers, must be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which places, including the storage places of stretchers, must be plainly designated.
2. The employee of any railroad company or corporation or its receiver, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by the company, corporation or receiver for the purpose, whenever any of the emergency first aid kit has been used or has been found missing. The emergency first aid kit must only be used to render first medical or surgical aid to injured passengers, employees or other injured persons requiring first aid.
3. Any railroad company or corporation or its receiver, which refuses, neglects or fails to comply with the provisions of this section is liable for a penalty to the public service commission of Nevada of $25 for each failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first aid kit specified in subsection 1.
4. Any person who removes, carries away from its proper place or uses any emergency first aid kit provided in this section, except for the purpose of administering first aid in the event of injury to any passenger, employee or other person [is guilty of a misdemeanor and may be punished by a fine of] shall be fined not more than $500.
Sec. 233. NRS 706.126 is hereby amended to read as follows:
706.126 1. Taxicab motor carrier means any person who operates a vehicle or vehicles which do not operate over a fixed route and are designated or constructed to accommodate and transport not more than six passengers, including the driver, and:
(a) Fitted with taximeters or having some other device, method or system to indicate and determine the passenger fare charged for distance traveled;
(b) Used in the transportation of passengers or light express , or both , for which a charge or fee is received; or
(c) Operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.
κ1985 Statutes of Nevada, Page 319 (CHAPTER 82, SB 59)κ
2. Taxicab motor carrier does not include [:
(a) Any common motor carrier of passengers.
(b) Any contract motor carrier conducting operations along fixed routes.
(c) Any] any employer operating a vehicle for the transportation of his employees, whether or not the employees pay for the transportation.
Sec. 234. NRS 709.050 is hereby amended to read as follows:
709.050 The board of county commissioners [of any county is authorized and empowered to] may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town [or city in such] in the county, and along the public roads and highways of [such] the county, when the applicant [therefor shall comply] complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.
Sec. 235. NRS 709.060 is hereby amended to read as follows:
709.060 Any person, company, corporation or association desiring [such] a franchise, right or privilege for any purpose specified in NRS 709.050 [shall] must file with the board of county commissioners of the county wherein [such] the franchise, right or privilege is to be exercised an application in writing, which [shall contain and set forth:] contains:
1. The name of the applicant and the time for which the franchise, right or privilege is desired, not exceeding 25 years.
2. The places where [such] the franchise, right or privilege is to be exercised and, if in any unincorporated town , [or city,] the streets, avenues, alleys and other places through, over, under or along which [such] the franchise, right or privilege is sought.
3. If [such application shall be] the application is for a street railway, it [shall contain a designation of] must designate the route of the proposed line in [any such] the county, and [shall] specify the width of ground desired to be included in its right of way.
4. A map or plat correctly showing and delineating, so far as practicable, the proposed route or right of way of any [such] street railway, light, heat or power, telegraph or telephone lines, and the places where [such] gas or water mains [shall] are to be laid or installed.
Sec. 236. NRS 709.070 is hereby amended to read as follows:
709.070 1. An applicant [shall] must also file with [such] the application, and as a part thereof, if [such] the franchise, right or privilege is to be exercised within any unincorporated town [or city in such] in the county, a petition in writing, signed by a majority of the resident taxpayers of [such] the unincorporated town . [or city.] The taxpayers must be residents and owners of real property situated in the county, and paying taxes upon [such] that real property. If [such] the street railway, electric light, heat and power lines, gas and water mains, telegraph and telephone lines [shall] do not pass through any unincorporated town , [or city,] no petition need be filed with the application for the franchise.
κ1985 Statutes of Nevada, Page 320 (CHAPTER 82, SB 59)κ
street railway, electric light, heat and power lines, gas and water mains, telegraph and telephone lines [shall] do not pass through any unincorporated town , [or city,] no petition need be filed with the application for the franchise.
2. Upon the filing of the application, the board of county commissioners shall, at its next regular meeting, cause notice of the application to be given. Before [such notice shall be] notice is given, the applicant must deposit with the clerk of the board the cost of publication of the notice, the amount [thereof] to be fixed by the board of county commissioners.
3. The notice [shall] must contain:
(a) The name of the firm, association, corporation, person or persons making the application.
(b) The nature, in general terms, of the franchise, right or privilege applied for.
(c) The day when the hearing upon the application [shall be had, which shall not be less than 10 days after the period of publication or notice herein provided for has been completed, or at the next regular meeting of the board of county commissioners after the completion of the publication or notice, as the case may be.
(d) Notice] will be held.
(d) A statement that all persons who have any [objection] objections to the granting of the franchise, right or privilege [shall] must file their [objection,] objections, in writing, with the clerk of the board before the date of the hearing, or [shall] must appear at the meeting and present their objections at that time.
4. The notice [shall] must be published once a week for 4 consecutive weeks in [some] a newspaper of general circulation published in the county. If no newspaper is published in the county, notice [shall] must be given by the posting of notices as provided in this section.
5. The clerk shall also cause three copies of the notice to be posted in three public places nearest where the application [shall] will take effect, and if more than one [incorporated city or town shall be affected thereby, such notice shall] unincorporated town is affected, the notice must be posted in three public places in each of [such incorporated towns or cities.] the unincorporated towns.
6. The publication or posting of the notice must be completed:
(a) Before the next regular meeting of the board of county commissioners at which the application is considered; or
(b) At least 10 days before a hearing on the application is held.
7. Proof of [such notice shall] the notice must be made by the clerk of the board before the hearing in the matter [shall proceed, and such proof shall] proceeds, and the proof must become a part of the record [in such] of the proceedings.
Sec. 237. NRS 709.180 is hereby amended to read as follows:
709.180 The boards of county commissioners [of the several counties are authorized and empowered to] may grant, within their respective counties, to any person, association or corporation engaged in the business of supplying electric light, heat or power in two or more counties of this state, and who [or which] desires to extend [such] the business into any other county or counties, the franchise, right and privilege to construct, install, operate and maintain electric light, heat and power lines, and all necessary or proper appliances used in connection therewith, or appurtenant thereto, in or over the streets, alleys, avenues and other places in any unincorporated town , [or city,] and along the public roads and highways of their respective counties when the applicant [therefor shall comply] complies with the terms and provisions of NRS 709.180 to 709.280, inclusive.
κ1985 Statutes of Nevada, Page 321 (CHAPTER 82, SB 59)κ
in the business of supplying electric light, heat or power in two or more counties of this state, and who [or which] desires to extend [such] the business into any other county or counties, the franchise, right and privilege to construct, install, operate and maintain electric light, heat and power lines, and all necessary or proper appliances used in connection therewith, or appurtenant thereto, in or over the streets, alleys, avenues and other places in any unincorporated town , [or city,] and along the public roads and highways of their respective counties when the applicant [therefor shall comply] complies with the terms and provisions of NRS 709.180 to 709.280, inclusive.
Sec. 238. NRS 709.190 is hereby amended to read as follows:
709.190 1. Any person, association or corporation engaged in the business of supplying electric light, heat or power within two or more counties of this state, and who desires to extend [such] the business into any other county or counties, may obtain a franchise to construct, install, operate and maintain electric light, heat and power lines, and all necessary or proper appliances used in connection therewith, or appurtenant thereto, in or over the streets, alleys, avenues, and other places, in any unincorporated town , [or city,] and along the public roads and highways, in any other county or counties, by filing with the board of county commissioners of the county or counties, respectively, within which [such] the franchise is to be exercised an application, in writing, setting forth:
(a) The name of the applicant, the counties in which the applicant is operating, and the time for which [such] the franchise is desired, not exceeding 50 years.
(b) The places where [such] the franchise, right or privilege is to be exercised in the county.
2. If [such] the franchise is to be exercised, in whole or in part, within any unincorporated town [or city] in the county, the applicant [shall] must also file with the application a petition in writing, signed by a majority of the resident taxpayers of the unincorporated town . [or city.]
Sec. 239. NRS 709.210 is hereby amended to read as follows:
709.210 If, upon the hearing of the application, it appears to the satisfaction of the board of county commissioners that the applicant is engaged in the business of furnishing electric light, heat or power within two or more counties of this state and, if the franchise is to be exercised, in whole or in part, within any unincorporated town [or city] in the county, that a majority of the resident taxpayers of the town [or city have] has signed the petition and desire the franchise to be allowed, the board of county commissioners shall thereupon grant the franchise for a term not exceeding 50 years . [thereafter.]
Sec. 240. NRS 710.020 is hereby amended to read as follows:
710.020 NRS 710.030 to [710.150,] 710.145, inclusive, are supplementary to NRS 710.010.
Sec. 241. NRS 710.040 is hereby amended to read as follows:
710.040 1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.010 to 710.035, inclusive, [shall] must be in a principal amount not to exceed 10 percent of the assessed valuation of all property in the county for the year in which the bonds [shall be] are issued.
κ1985 Statutes of Nevada, Page 322 (CHAPTER 82, SB 59)κ
general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.010 to 710.035, inclusive, [shall] must be in a principal amount not to exceed 10 percent of the assessed valuation of all property in the county for the year in which the bonds [shall be] are issued. Such general obligation securities [shall] constitute a separate classification of debt of the county and [shall] do not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.
2. No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system [shall] may be issued for any undertaking authorized in NRS 710.035, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.
3. [Nothing in this section shall be construed as preventing] This section does not prevent the county from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, [as from time to time amended,] except as therein limited.
Sec. 242. NRS 710.050 is hereby amended to read as follows:
710.050 Subject to the provisions of NRS 710.010 to 710.035, inclusive, for any undertaking therein authorized the board of county commissioners [, as it may determine from time to time,] may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other county securities, and in connection with [such] the undertaking or the system as thereby improved, the board may otherwise proceed, all as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 243. NRS 710.210 is hereby amended to read as follows:
710.210 1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.160 to 710.280, inclusive, [shall] must be in a principal amount not to exceed 2 percent of the assessed valuation of all property in the county for the year in which the bonds are issued. Such general obligation securities [shall] constitute a separate classification of debt of the county and [shall] do not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.
2. No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system [shall] may be issued for any undertaking authorized in NRS 710.160 to 710.280, inclusive, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.
κ1985 Statutes of Nevada, Page 323 (CHAPTER 82, SB 59)κ
be issued for any undertaking authorized in NRS 710.160 to 710.280, inclusive, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.
3. [Nothing in this section shall be construed as preventing] This section does not prevent the county from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, [as from time to time amended,] except as therein limited.
Sec. 244. NRS 710.220 is hereby amended to read as follows:
710.220 Subject to the provisions of NRS 710.160 to 710.280, inclusive, for any undertaking therein authorized the board of county commissioners [, as it may determine from time to time,] may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other county securities, and in connection with [such] the undertaking or the electrical system, the board may otherwise proceed, all as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 245. NRS 710.310 is hereby amended to read as follows:
710.310 Subject to the provisions of NRS 710.310 to 710.390, inclusive, the governing body of the county or city, for the lease, purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, financial assistance for operation, or any combination thereof, of a railroad system, including without limitation the lease, purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, engines, cars, tracks, telegraphic equipment, signal equipment, traffic control equipment, maintenance equipment, other equipment, furnishings, electric transmission lines, other facilities, lands in fee simple, easements, rights of way, other interests in land, other real and personal property and appurtenances, may [,] at any [time or from time to] time, in the name and on the behalf of the county or the city, issue:
1. In the manner provided in NRS 350.001 to 350.070, inclusive : [, as from time to time amended:]
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.
2. Revenue bonds constituting special obligations and payable from [such] net revenues, without the necessity of the revenue bonds being authorized at any election.
κ1985 Statutes of Nevada, Page 324 (CHAPTER 82, SB 59)κ
Sec. 246. NRS 710.320 is hereby amended to read as follows:
710.320 1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.290 to 710.390, inclusive, [shall] must be in a principal amount not to exceed 2 percent of the assessed valuation of all property in the county or the city for the year in which the bonds are issued. Such general obligation securities constitute a separate classification of debt of the county or city and do not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.
2. This section does not prevent the county or city from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, [as from time to time amended,] except as therein limited.
Sec. 247. NRS 710.390 is hereby amended to read as follows:
710.390 Subject to the provisions of NRS 710.290 to 710.390, inclusive, for any undertaking authorized in those sections the governing body of the county or city [, as it may determine from time to time,] may, on the behalf and in the name of the county or the city, as the case may be, borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other securities, and in connection with [such] the undertaking or the railroad system, may otherwise proceed, all as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 248. NRS 710.410 is hereby amended to read as follows:
710.410 Full [power and] authority is hereby granted to the boards of county commissioners [of the several counties] acting with regard to the management of the affairs and business of any unincorporated town [or city] within their respective counties, subject to the provisions of NRS 710.400 to 710.590, inclusive:
1. To acquire, by construction, purchase or otherwise, sewerage systems, light systems, water systems, combined light and water systems, and combined light, water and sewerage systems, and all such other personal or real property as may be necessary for the installment, use and management thereof; and
2. To issue bonds in payment therefor in the amount and manner set forth and prescribed in NRS 710.400 to 710.590, inclusive.
Sec. 249. NRS 710.420 is hereby amended to read as follows:
710.420 1. All sewerage systems, light systems, water systems, light and water systems, or sewerage, light and water systems constructed, purchased or otherwise acquired under the provisions of NRS 710.400 to 710.590, inclusive, [shall] must be so constructed, purchased or otherwise acquired under the supervision and control of the board of county commissioners acting as the [city or] town board.
2. The board of county commissioners acting as the [city or] town board may:
κ1985 Statutes of Nevada, Page 325 (CHAPTER 82, SB 59)κ
(a) Purchase any sewerage system, light system, water system, water and light system, or sewerage, light and water system theretofore established or in use; [or]
(b) Purchase the franchises, rights, privileges and plants thereof from the owners thereof, corporate or private, and improve or extend [the same;] them; or
(c) Advertise for plans and specifications and bids for the construction of any or all of [such] the systems authorized to be acquired by NRS 710.400 to 710.590, inclusive, as in cases of other public work.
Sec. 250. NRS 710.430 is hereby amended to read as follows:
710.430 Subject to the provisions of NRS 710.400 to 710.590, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights of way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the town , [or city,] issue:
1. General obligation bonds, payable from taxes;
2. General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and
3. Revenue bonds constituting special obligations and payable from [such] net revenues.
Sec. 251. NRS 710.440 is hereby amended to read as follows:
710.440 1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.400 to 710.590, inclusive, and issued for all other corporate purposes [shall] must not at any time exceed the debt limitation in NRS 269.410 . [, as from time to time amended.
2. Nothing in this section shall be construed as preventing]
2. This section does not prevent the town [or city] from funding, refunding or reissuing any securities of the town [or city] appertaining to the system as provided in the Local Government Securities Law, [as from time to time amended,] except as therein limited.
Sec. 252. NRS 710.450 is hereby amended to read as follows:
710.450 Subject to the provisions of NRS 710.400 to 710.590, inclusive, for any undertaking therein authorized the board of county commissioners [, as it may determine from time to time,] may, on the behalf and in the name of the town , [or city,] borrow money, otherwise become obligated, and evidence [such] obligations by the issuance of bonds and other securities, and in connection with [such] the undertaking or the system, the board may otherwise proceed, all as provided in the Local Government Securities Law .
κ1985 Statutes of Nevada, Page 326 (CHAPTER 82, SB 59)κ
of bonds and other securities, and in connection with [such] the undertaking or the system, the board may otherwise proceed, all as provided in the Local Government Securities Law . [, as from time to time amended.]
Sec. 253. NRS 710.540 is hereby amended to read as follows:
710.540 For the purpose of further providing for the payment of the principal and interest upon the bonds authorized to be issued under NRS 710.400 to 710.590, inclusive, at the time and in the manner specified in NRS 710.400 to 710.590, inclusive, and in such bonds respectively, the board of county commissioners, acting in behalf of a town , [or city,] and the successors of [such] the county commissioners , [(] meaning any municipal government of [such town or city] a town which may succeed to the control and management of the systems or any of the systems acquired under the provisions of NRS 710.400 to 710.590, inclusive , [) shall have the power and the board] shall:
1. Fix the rates of service of the systems or any of the systems acquired under the provisions of NRS 710.400 to 710.590, inclusive, to the inhabitants of [such towns or cities.] the town.
2. Adopt ordinances regulating the manner and use by [such] the inhabitants of the systems or any of the systems so acquired.
3. Collect the rates so fixed in the manner prescribed by [the law of the city] law for the collection of delinquent taxes or by a proceeding in the nature of a civil action, brought in the name of the board of county commissioners of the county wherein the cause of action arises.
4. Enforce the collections of [such] the rates from delinquents in the manner provided by law.
Sec. 254. NRS 710.550 is hereby amended to read as follows:
710.550 1. All money acquired by the sale of services [herein] provided for [shall] in NRS 710.400 to 710.590, inclusive, must be paid to the county treasurer and by him assigned to a fund to be known as the..........................contingent light fund, contingent water fund, contingent sewerage fund, contingent water and light fund, or contingent sewerage, water and light fund, inserting before the word contingent the name of the town [or city to which such fund] to which the fund is credited.
2. The contingent expense necessary to the installment, management and control of any system acquired under the provisions of NRS 710.400 to 710.590, inclusive, [shall] must first be paid out of [such] that fund.
3. The surplus money remaining after the payment of [such] the contingent expenses [shall] must annually thereafter and at the first meeting of the board of county commissioners in January of each year thereafter be assigned by the board of county commissioners to the town [or city] as a redemption fund for the payment of the bonds issued under the provisions of NRS 710.400 to 710.590, inclusive.
Sec. 255. NRS 3.050, 19.015, 40.500 to 40.560, inclusive, 78.190, 80.180, 106.010, 179A.063, 193.015, 199.235, 232.750 to 232.810, inclusive, 237.015 to 237.065, inclusive, 266.160, 266.366, 286.5753, 286.581, 288.035, 318.045, 318.535, 338.095, 349.360, 350.716, 372.565, 374.570, 422.020, 543.230, 584.019 and 633.141 are hereby repealed.
κ1985 Statutes of Nevada, Page 327 (CHAPTER 82, SB 59)κ
286.581, 288.035, 318.045, 318.535, 338.095, 349.360, 350.716, 372.565, 374.570, 422.020, 543.230, 584.019 and 633.141 are hereby repealed.
Sec. 256. This act becomes effective upon passage and approval.
________
Assembly Bill No. 185Committee on Judiciary
CHAPTER 83
AN ACT relating to attorneys fees; raising the monetary threshold and allowing an award if a claim is meritless or vexatious; and providing other matters properly relating thereto.
[Approved April 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law.
2. [The] In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorneys fees to [:
(a) The plaintiff as prevailing party when the plaintiff has not recovered more than $10,000; or
(b) The counterclaimant as prevailing party when he has not recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.] a prevailing party:
(a) When he has not recovered more than $20,000; or
(b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought without reasonable ground or to harass the prevailing party.
3. In awarding attorneys fees the court may pronounce its decision on [such] the fees at the conclusion of the trial or special proceeding without written motion and with or without presentation of additional evidence.
4. No oral application or written motion for attorneys fees alters the effect of a final judgment entered in the action or the time permitted for an appeal therefrom.
5. Subsections 2 to 4, inclusive, do not apply to any action arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorneys fees.
________
κ1985 Statutes of Nevada, Page 328κ
Senate Bill No. 43Senator Jacobsen
CHAPTER 84
AN ACT relating to fiscal notes; clarifying the provisions that a fiscal note is required only if the effect on expenditure or revenue is adverse; and providing other matters properly relating thereto.
[Approved April 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.272 is hereby amended to read as follows:
218.272 1. The fiscal analysis division shall obtain a fiscal note on:
(a) Any bill which makes an appropriation or [changes] increases any existing appropriation;
(b) Any bill or joint resolution which creates or [changes] increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and
(c) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation therefrom less likely,
before it is considered at a public hearing of a committee of the assembly or the senate, or before any vote is taken thereon by the committee. The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.
2. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, the estimates must be made by the agency receiving the appropriation or collecting the revenue.
3. The fiscal note is not required on any bill or joint resolution relating exclusively to the executive budget.
Sec. 2. NRS 218.2723 is hereby amended to read as follows:
218.2723 Before any bill or joint resolution which [has a financial effect on] reduces the revenues or increases the expenditures of a local government or any bill which increases or newly provides for a term of imprisonment in a county or city jail, or makes release on probation therefrom less likely , is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee, the fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 329κ
Assembly Bill No. 168Committee on Government Affairs
CHAPTER 85
AN ACT relating to fire protection; removing the regulation of certain explosives from the jurisdiction of the state fire marshal; reorganizing and extending the existence of the board of fire safety; and providing other matters properly relating thereto.
[Approved April 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.014 is hereby amended to read as follows:
477.014 A fire chief , [or] fire marshal [designated by a local government which maintains an organized fire department] , police officer or a person charged with the enforcement of building codes by a local government may be appointed by the state fire marshal to serve as a special deputy state fire marshal, without additional compensation. The special deputy state fire marshal shall carry out the provisions of this chapter [in the jurisdiction of the local government.] as directed by the state fire marshal.
Sec. 2. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) Fire prevention.
(b) The storage and use of combustibles, flammables [,] and fireworks . [and explosives.]
(c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.
(d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
[(d)] (e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties having a population of less than 100,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
κ1985 Statutes of Nevada, Page 330 (CHAPTER 85, AB 168)κ
requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.
6. The state fire marshal shall:
(a) Investigate any fire which occurs in a county having a population of less than 100,000, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county having a population of 100,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state on or before January 1, 1984, and publish at least annually a summary of data collected under the system.
8. The state fire marshal shall provide assistance and materials to local authorities, upon request, for establishment of public education programs and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking construction plans and specifications;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting local regulations and ordinances,
on request or as he deems necessary.
Sec. 3. NRS 477.033 is hereby amended to read as follows:
477.033 1. A license, issued by the state fire marshal, is required for:
κ1985 Statutes of Nevada, Page 331 (CHAPTER 85, AB 168)κ
(a) [Servicing,] Maintenance, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.
(b) Use of explosives [by qualified persons for commercial purposes.] in any commercial construction, but not in mining or the control of avalanches.
(c) Commercial fireworks displays.
2. Applications for licenses must be made on a form prescribed by the state fire marshal.
3. The state fire marshal may conduct inspections, examinations or hearings before the issuance of licenses.
4. The state fire marshal may charge a reasonable fee, to be fixed by regulation, for the inspection and issuance of licenses.
5. If any person is denied a license by the state fire marshal, he is entitled to a hearing, upon request, before [the state fire marshals advisory board.] a hearing officer.
Sec. 4. NRS 477.180 is hereby amended to read as follows:
477.180 1. The board of fire safety, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) Three chiefs of or fire marshals from local fire departments, at least one of whom must be from a fire department in a county having a population of less than 100,000;
(c) A building [official] officer of a local government which is or is within each county having a population of 100,000 or more;
(d) A licensed general contractor;
(e) A professional engineer;
(f) Two representatives of gaming and lodging enterprises; and
(g) The state fire marshal,
to the board.
3. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as secretary of the board.
4. The board [may meet regularly approximately once each month, at least eight times a year or] shall meet on the call of the chairman, the state fire marshal or [a majority] at the request of any three of the members.
5. The members of the board, except those who are public officers or employees, are entitled to receive a salary of $80 for each days attendance at a meeting of the board or a committee of the board and all members are entitled to the per diem allowances and travel expenses provided by law. The state fire marshal shall provide in the budget of his office for sufficient money to pay salaries and allowances for members and other expenses of the board.
Sec. 5. NRS 477.200 is hereby amended to read as follows:
477.200 1. A person may request a variance from the provisions of NRS 477.110 to 477.160, inclusive, by filing a petition with the board of fire safety.
κ1985 Statutes of Nevada, Page 332 (CHAPTER 85, AB 168)κ
NRS 477.110 to 477.160, inclusive, by filing a petition with the board of fire safety.
2. Within [30] 90 days after receiving a petition, the board shall grant the petitioner a hearing and, upon a showing that existing features or alternate methods achieve substantial compliance with those provisions and that complete compliance will not significantly further the safety of persons in the building, may grant a variance. Upon a showing of practical difficulty or unnecessary hardship, the board may grant such a variance if, even with the variance, the persons in the building will be reasonably safe. The board shall issue its order within 30 days after the hearing.
3. When such a variance is granted, the board shall record the details of and reasons for the variance.
Sec. 6. Section 15 of chapter 659, Statutes of Nevada 1983,* at page 1572, is hereby amended to read as follows:
Sec. 15. Sections 10, 11 and 12 of this act expire by limitation on July 1, [1985] 1987.
*So in the enrolled bill, but the correct reference is to Statutes of Nevada 1981.
________
Senate Bill No. 100Committee on Transportation
CHAPTER 86
AN ACT relating to motor carriers; increasing the authority of the public service commission and its inspectors regarding the enforcement of certain statutory provisions; authorizing the movement of certain vehicles under certain circumstances; adding and increasing certain penalties; and providing other matters properly relating thereto.
[Approved April 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.155 is hereby amended to read as follows:
703.155 1. The commission and its inspectors have police power for the enforcement of all regulations of the commission or the department of motor vehicles pertaining to chapters 704, 705 and 706 of NRS.
2. The commission and its inspectors are peace officers for the enforcement of chapters 482, 704, 705 and 706 of NRS.
3. The commission and its inspectors are peace officers for the enforcement of chapters 483 and 484 of NRS for vehicles which are regulated pursuant to chapter 706 of NRS.
4. Inspectors may carry firearms in the performance of their duties.
Sec. 2. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission and its inspectors may, upon halting a person for a violation of the provisions of NRS 706.386 or 706.421, move his vehicle or cause it to be moved to the nearest garage or other place of safekeeping until it is removed in a manner which complies with the provisions of this chapter.
κ1985 Statutes of Nevada, Page 333 (CHAPTER 86, SB 100)κ
violation of the provisions of NRS 706.386 or 706.421, move his vehicle or cause it to be moved to the nearest garage or other place of safekeeping until it is removed in a manner which complies with the provisions of this chapter.
Sec. 3. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2 , any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by NRS 706.011 to 706.861, inclusive, or by the commission or the department under the terms of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;
(g) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of this chapter;
(h) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(i) Operates or causes to be operated a vehicle [without having] which does not have the proper identifying device;
(j) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
(k) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(l) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked as provided in this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than [$500,] $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of NRS 706.386, 706.421 or 706.768 within 12 consecutive months shall be punished:
(a) For the first offense by a fine of not less than [$100] $500 nor more than [$500;] $1,000;
(b) For the second offense [by a fine of not less than $200 nor more than $500;
κ1985 Statutes of Nevada, Page 334 (CHAPTER 86, SB 100)κ
(c) For the third offense by a fine of not less than $300 nor more than $500;
(d) For the fourth offense by a fine of not less than $400 nor more than $500;
(e) For the fifth] and each subsequent offense by a fine of [$500; or
(f)] $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
________
Assembly Bill No. 190Assemblyman Nevin
CHAPTER 87
AN ACT relating to the Interstate Compact on Juveniles; directing the execution of an amendment which allows the requisition of certain fugitive juveniles; and providing other matters properly relating thereto.
[Approved April 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 214 of NRS is hereby amended by adding thereto a new section to read as follows:
The governor is hereby directed to execute an amendment to the Interstate Compact on Juveniles on behalf of this state in the form substantially as follows:
AMENDMENT I Rendition
This amendment provides additional remedies and is binding only on states which specifically execute a similar provision:
All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles apply to any juvenile charged with being a delinquent by reason of his alleged violation of any criminal law. Any such juvenile must be returned to the requesting state upon a requisition issued to the state where the juvenile may be found. A petition alleging the juveniles delinquency must be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The requisition may be issued regardless of whether the juvenile left the state before or after the filing of the petition. The requisition, as described in Article V of the compact, must be forwarded by the judge of the court in which the petition is filed.
________
κ1985 Statutes of Nevada, Page 335κ
Assembly Bill No. 37Committee on Judiciary
CHAPTER 88
AN ACT relating to crimes; distinguishing a prohibited act from the denial of a right; and providing other matters properly relating thereto.
[Approved April 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.245 is hereby amended to read as follows:
202.245 1. [No person may] A person shall not operate or maintain any shoe-fitting device or shoe-fitting machine which uses fluoroscopic, X-ray or radiation principles.
2. Any person violating the provisions of this section [shall be] is guilty of a misdemeanor.
Sec. 2. NRS 203.119 is hereby amended to read as follows:
203.119 1. [No person may] A person shall not commit any act in a public building or on the public grounds surrounding [such] the building which interferes with the peaceful conduct of activities normally carried on in [such] the building or on [such] the grounds.
2. Any person whose conduct is prohibited by subsection 1 who refuses to leave [such] the building or grounds upon request by the proper official is guilty of a misdemeanor.
3. Any person who aids, counsels or abets another to commit an act prohibited by subsection 2 is guilty of a misdemeanor.
4. For the purpose of this section:
(a) Proper official means the person or persons designated by the administrative officer or board in charge of [such] the building.
(b) Public building means any building owned by:
(1) Any component of the University of Nevada System and used for any university purpose.
(2) The State of Nevada or any county, city, school district or other political subdivision of the state and used for any public purpose.
Sec. 3. NRS 207.300 is hereby amended to read as follows:
207.300 [No person may] It is unlawful for any person to refuse to rent, lease, sell or otherwise convey any real property solely because of race, religious creed, color, national origin, ancestry or sex.
Sec. 4. NRS 218.2753 is hereby amended to read as follows:
218.2753 1. Agencies may use the bills and joint resolutions submitted to them for official purposes only. [No person may] A person shall not copy or otherwise disseminate information concerning any bill or joint resolution submitted to him which has not been introduced in the legislature without the consent of the requester.
2. Any person who knowingly disseminates [such] information in violation of this section is guilty of a misdemeanor.
Sec. 5. NRS 293.590 is hereby amended to read as follows:
293.590 1. [No person may:] A person shall not:
κ1985 Statutes of Nevada, Page 336 (CHAPTER 88, AB 37)κ
(a) Loiter in any polling place so as to interfere with the conduct of the election.
(b) Except an election board officer, receive from any voter a ballot prepared by [such] the voter.
(c) Remove a ballot from any polling place before the closing of the polls.
(d) Apply for or receive a ballot at any election precinct or district other than the one at which he is entitled to vote.
(e) Show his ballot to any person, after marking it, so as to reveal any of the names voted for.
(f) Within 100 feet of the polling place, ask another person for whom he intends to vote.
(g) Except an election board officer, deliver a ballot to a voter.
2. [No voter may:] A voter shall not:
(a) Receive a ballot from any person other than an election board officer . [, nor may any person other than an election board officer deliver a ballot to a voter.]
(b) Deliver to an election board or to any member thereof any ballot other than the one received.
(c) Place any mark upon his ballot by which it may afterward be identified as the one voted by him.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
Sec. 6. NRS 445.381 is hereby amended to read as follows:
445.381 The state board of health may:
1. Adopt such regulations as may be necessary to govern the construction, operation and maintenance of public water systems [where] if those activities affect the quality of water, but [such] the regulations do not supersede any regulation of the public service commission of Nevada.
2. Establish by regulation [an operating permit system] a system for the issuance of operating permits for suppliers of water and set a reasonable date after which [no person may] a person shall not operate a public water system without possessing a permit issued by a health authority.
Sec. 7. NRS 453.391 is hereby amended to read as follows:
453.391 [No person may:] A person shall not:
1. Unlawfully take a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian or any other person authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
κ1985 Statutes of Nevada, Page 337 (CHAPTER 88, AB 37)κ
Sec. 8. NRS 461A.150 is hereby amended to read as follows:
461A.150 1. The following procedure must be followed by the agency in ordering that a substandard mobile home be repaired, vacated or demolished:
(a) If any mobile home is declared substandard under this chapter it must either be repaired or it may be demolished at the option of the owner and lienholder.
(b) If the mobile home is in such condition as to make it immediately dangerous to the life, property or safety of the public or of the occupants, it must be ordered to be vacated.
2. Every notice to vacate must, in addition to being served, be posted in a conspicuous place on the mobile home, and must be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this structure or to remove or deface this notice.
The notice must also briefly and concisely specify the conditions which necessitate the posting.
3. [No person may] A person shall not remain in or enter any mobile home to which a notice pursuant to subsection 2 has been posted, except that entry may be made to repair, demolish or remove the mobile home under a permit from the agency. [No person may] A person shall not remove or deface any such notice after it is posted until the required repairs, demolition or removal has been completed and a certificate of occupancy has been issued.
Sec. 9. NRS 461A.170 is hereby amended to read as follows:
461A.170 1. If the required repair or demolition is not commenced within 30 days after a final order issued under this chapter becomes effective:
(a) The agency shall cause the mobile home described in the order to be vacated by posting in a conspicuous place on the mobile home a notice reading:
SUBSTANDARD STRUCTURE
DO NOT OCCUPY
It is a misdemeanor to occupy this structure or to remove or deface this notice.
(b) A person [may] shall not occupy any mobile home to which a notice pursuant to paragraph (a) has been posted. [No person may] A person shall not remove or deface any [such] notice so posted until the repairs, demolition or removal ordered by the agency have been completed and a certificate of occupancy has been issued.
(c) The agency may, in addition to any other remedy provided in this section:
(1) Cause the mobile home to be repaired to the extent necessary to correct the conditions which render the mobile home substandard as set forth in the order; or
κ1985 Statutes of Nevada, Page 338 (CHAPTER 88, AB 37)κ
correct the conditions which render the mobile home substandard as set forth in the order; or
(2) If the order required demolition, cause the mobile home to be sold and demolished or, to be demolished and the materials, rubble and debris removed and the lot cleaned.
Any such repair or demolition work must be accomplished and the cost paid and recovered in the manner provided in this chapter. Any surplus realized from the sale of the mobile home or from its demolition, above the cost of demolition and of cleaning the lot, must be paid to the person lawfully entitled to the money.
2. Upon receipt of any application from the person required to conform to the order and an agreement by the person that he will comply with the order if allowed additional time, the agency may grant an extension , [of time,] not to exceed an additional 120 days, within which to complete the repairs or demolition, if the agency determines that an extension [of time] will not create or perpetuate a situation imminently dangerous to life or property. The agencys authority to extend time is limited to the physical repair or demolition of the mobile home and must not extend the time to appeal the order.
3. [No person may] A person shall not obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the agency or with any person who owns or holds any interest in a mobile home which has been ordered repaired, vacated or demolished under the provisions of this chapter, or with any person to whom the mobile home has been lawfully sold pursuant to the provisions of this chapter, whenever [such] the authorized person is engaged in the work of repairing, vacating and repairing, or demolishing the mobile home pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
4. The agency may require the plans for repair to be prepared by an architect or engineer at the expense of the owner.
Sec. 10. NRS 482.362 is hereby amended to read as follows:
482.362 1. [No person may] A person shall not engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of $5 per year. The license expires on December 31 of each calendar year.
κ1985 Statutes of Nevada, Page 339 (CHAPTER 88, AB 37)κ
(e) Any other information the department deems necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
3. A vehicle, trailer or semitrailer salesmans license issued pursuant to this chapter does not permit a person to engage in the business of [a mobile home salesman.] selling mobile homes.
4. An application for a salesmans license may be denied and a salesmans license may be suspended or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(d) Falsification of the application.
(e) Any reason determined by the director to be in the best interests of the public.
5. A vehicle salesman [may] shall not engage in sales activity other than for the account of or for and in behalf of a single employer, who must be a licensed dealer, lessor or rebuilder.
6. If an application for a salesmans license has been denied, the applicant may reapply after [a period] not less than 6 months [has elapsed from the date of] after the denial.
7. A salesmans license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom he is licensed to sell vehicles.
8. If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of $2 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesmans license to his employer.
9. If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days.
10. A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of [such] his employment within 10 days following the date of termination by forwarding the salesmans license to the department.
11. Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.
Sec. 11. NRS 484.373 is hereby amended to read as follows:
484.373 1. If any driver drives a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind him, on any highway whereon a higher speed is lawful, unless reduced speed is necessary for safe operation or in compliance with law, the driver shall:
κ1985 Statutes of Nevada, Page 340 (CHAPTER 88, AB 37)κ
behind him, on any highway whereon a higher speed is lawful, unless reduced speed is necessary for safe operation or in compliance with law, the driver shall:
(a) If the highway has one lane for traveling in each direction and the width of the paved portion permits, drive to the extreme right side of the highway;
(b) If the highway has two or more clearly marked lanes for traffic traveling in his direction, drive in the extreme right-hand lane except when necessary to pass other slowly moving vehicles; or
(c) If the highway is a controlled-access highway, use alternate routes whenever possible.
2. [No person may] A person shall not bring a vehicle to a complete stop upon a roadway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.
Sec. 12. NRS 484.644 is hereby amended to read as follows:
484.644 1. Except as provided in subsection 2, [no person may] a person shall not operate or leave standing on any highway any motor vehicle which is required by state or federal law to be equipped with a [motor vehicle pollution control] device for the control of pollution from motor vehicles unless the device is correctly installed and in operating condition. [No person may] A person shall not disconnect, alter or modify any such required device.
2. The provisions of this section do not apply to:
(a) An alteration or modification found by the state environmental commission not to reduce the effectiveness of [any required motor vehicle pollution control device.] the required device.
(b) Motor vehicles which have been licensed by the department of motor vehicles as experimental vehicles.
(c) Any vehicle which has been granted a waiver or exemption from the regulations for the control of [motor vehicle emissions.] emissions from motor vehicles.
Sec. 13. NRS 484.697 is hereby amended to read as follows:
484.697 1. [No person may] A person shall not operate any vehicle or combination of vehicles after notice of [such] an unsafe condition or that the vehicle is not equipped as required by this chapter, except as may be necessary to return [such] the vehicle or combination of vehicles to the residence or place of business of the owner or driver or to a garage, until the vehicle and its equipment has been made to conform with the requirements of this chapter.
2. If any peace officer or vehicle safety inspector finds that any vehicle or combination of vehicles is unsafe to a degree that continued operation would endanger the driver, any other occupant or any person on a public highway, the officer or inspector may require that the driver cease operation of the vehicle or combination of vehicles or that the vehicle or vehicles be taken to the nearest garage or other safe place.
κ1985 Statutes of Nevada, Page 341 (CHAPTER 88, AB 37)κ
Sec. 14. NRS 484.787 is hereby amended to read as follows:
484.787 1. Except as provided in NRS 484.789, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Nevada highway patrol.
(d) The division of forestry of the department of conservation and natural resources in responding to a fire.
(e) A public ambulance agency.
(f) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle if:
(a) The vehicle has a permit, pursuant to NRS 484.789, from the department of motor vehicles;
(b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada highway patrol or in the pursuit of actual or suspected violators of the law; and
(c) The state, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).
3. Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren must be in compliance with standards approved by the department of motor vehicles. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
4. [No person may] A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.
5. [No person may] A person shall not operate a vehicle with any lamp or device displaying a blue light, except an authorized emergency vehicle.
Sec. 15. NRS 486.171 is hereby amended to read as follows:
486.171 [No person may] A person shall not authorize or knowingly permit a motorcycle, except a trimobile, owned by him or under his control to be driven upon any highway by any person who is not authorized by this chapter to drive a motorcycle.
Sec. 16. NRS 487.281 is hereby amended to read as follows:
487.281 1. [No person may] A person shall not abandon a vehicle upon any public highway or road.
2. [No person may] A person shall not abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of [such] the property.
κ1985 Statutes of Nevada, Page 342 (CHAPTER 88, AB 37)κ
Sec. 17. NRS 487.290 is hereby amended to read as follows:
487.290 1. Unless he first obtains a license pursuant to NRS 487.050, [no person may] a person shall not for any reason keep more than two unregistered vehicles on real property owned by him or under his possession or control if [such] the vehicles are no longer intended for or in condition for lawful use on the highway.
2. The provisions of subsection 1 do not apply to:
(a) Premises used by a licensed dealer, manufacturer, distributor or rebuilder.
(b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.
(c) Premises used as a farm, ranch, mine or repair shop for motor vehicles.
(d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.
Sec. 18. NRS 488.065 is hereby amended to read as follows:
488.065 1. Every motorboat on the waters of this state [shall] must be numbered and titled, except as provided in subsection 4 and NRS 488.175.
2. Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented motorboat, the department may assign an appropriate builders hull number to [such] the motorboat whenever there is no builders [hull] number thereon, or when the builders [hull] number has been destroyed or obliterated. [Such builders hull number shall] The builders number must be permanently marked on an integral part of the hull which is accessible for inspection.
3. [No person may] A person shall not operate or give permission for the operation of any motorboat on [such] the waters of this state unless:
(a) The motorboat is numbered in accordance with the provisions of this chapter, [or in accordance] with applicable federal law [, or in accordance with] or with the federally approved numbering system of another state;
(b) The certificate of number awarded to [such] the motorboat is in effect;
(c) The identifying number set forth in the certificate of number is displayed on each side of the bow of [such] the motorboat; and
(d) A valid certificate of ownership has been issued to the owner of any motorboat required to be numbered under this chapter.
4. Any person who purchases or otherwise owns a motorboat [prior to] before January 1, 1972, [shall not be] is not required to [title such] obtain title for the motorboat until he transfers any portion of his ownership in [such] the motorboat to another person.
κ1985 Statutes of Nevada, Page 343 (CHAPTER 88, AB 37)κ
Sec. 19. NRS 488.201 is hereby amended to read as follows:
488.201 1. The commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.
2. [No person may] A person shall not operate or give permission for the operation of a vessel which is not equipped as required by this section and NRS 488.185, 488.187, 488.193 and 488.198.
Sec. 20. NRS 488.205 is hereby amended to read as follows:
488.205 1. [No person may] A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
2. [No person may] A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance as defined in chapter 453 of NRS, unless in accordance with a prescription issued to [such] the person by a physician, podiatrist or dentist.
Sec. 21. NRS 488.235 is hereby amended to read as follows:
488.235 1. [No person may] A person shall not operate a vessel on any waters of this state for towing a person [or persons] on water skis or a surfboard or similar device unless there is in [such] the vessel a person, in addition to the operator, in a position to observe the progress of the person [or persons] being towed.
2. [No person may] A person shall not operate a vessel on any waters of this state towing a person [or persons] on water skis, a surfboard or similar device, [nor may any person] or engage in water skiing, surfboarding or similar activity [at any time between the hours] from 1 hour after sunset to 1 hour before sunrise.
3. The provisions of subsections 1 and 2 of this section do not apply to a performer engaged in a professional exhibition or a person [or persons] engaged in an activity authorized under NRS 488.305.
Sec. 22. NRS 488.265 is hereby amended to read as follows:
488.265 [No person may] A person shall not anchor a vessel in such a position as to obstruct a passageway ordinarily used by other vessels.
Sec. 23. NRS 488.275 is hereby amended to read as follows:
488.275 [No person may] A person shall not operate a vessel within a water area which is clearly marked by buoys or some other distinguishing device as a bathing or swimming area. [Such] The bathing or swimming areas [shall] must be so marked only with the consent of the commission.
Sec. 24. NRS 488.285 is hereby amended to read as follows:
488.285 [No person may] A person shall not moor any vessel to any buoy or beacon placed in any waterway by authority of the United States or any other governmental authority, or in any manner hang on with a vessel to any such buoy or beacon.
κ1985 Statutes of Nevada, Page 344 (CHAPTER 88, AB 37)κ
Sec. 25. NRS 489.291 is hereby amended to read as follows:
489.291 1. Whenever the administrator finds a violation of this chapter or of the prohibition in NRS 118B.160 against charging or receiving any entrance or exit fee, or of any regulation adopted pursuant to this chapter, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken. If the person is alleged to have violated the prohibition in NRS 118B.160 against charging or receiving any entrance or exit fee, the notice of violation must specify that the fee be repaid in full, and any other corrective action which the administrator deems necessary.
2. [If the person to whom a notice of violation is directed] Any person who fails to take the corrective action required [,] in a notice of violation is guilty of a misdemeanor and the administrator may:
(a) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance;
(b) Request the district attorney of the county in which the violation is alleged to have occurred to prosecute the person for the violation; or
(c) If the person is alleged to have violated the prohibition in NRS 118B.160 against charging or receiving any entrance or exit fee, assess a penalty against the person equal to three times the amount of the fee which was charged or received. The assessment of a penalty pursuant to this paragraph is a contested case.
3. Any person who is found to have violated a provision of this chapter, the prohibition in NRS 118B.160 against charging or receiving any entrance or exit fee, or a regulation adopted pursuant to this chapter, is liable for the cost incurred by the division in enforcing the provision.
Sec. 26. NRS 489.295 is hereby amended to read as follows:
489.295 1. If an inspection reveals that a used manufactured home, mobile home, travel trailer or commercial coach is constructed or maintained in violation of this chapter, the division may order its use discontinued and the used manufactured home, mobile home, travel trailer or commercial coach, or any portion thereof, vacated.
2. The order to vacate must be served upon the person using the used manufactured home, mobile home, travel trailer or commercial coach and copies of the order must also be posted at or upon each exit of the used manufactured home, mobile home, travel trailer or commercial coach.
3. The order to vacate must include a reasonable [period of] time within which the violation may be corrected.
4. [No person may] A person shall not occupy or use the used manufactured home, mobile home, travel trailer or commercial coach in violation of the order to vacate.
κ1985 Statutes of Nevada, Page 345 (CHAPTER 88, AB 37)κ
Sec. 27. NRS 552.210 is hereby amended to read as follows:
552.210 1. [No person may] A person shall not ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a permit for entry issued by the department.
2. The department may issue [such] a permit for the importation of bees on comb and hives containing comb into this state from another state if the applicant:
(a) Submits an application, on a form supplied by the department, stating:
(1) The name, address and telephone number of the owner or shipper and the state and county of origin.
(2) The address and telephone number of the owner or shipper in this state, if applicable.
(3) The number of colonies containing bees and a complete listing of all beekeeping equipment and appliances to be brought into this state.
(4) A legal description and the exact geographical location of the site for each apiary at its destination in this state.
(b) Submits with the application, a certificate of inspection from [a duly] an authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days before shipment and at a time when the bees are actively rearing their brood.
(2) That 1 percent or less American foul brood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during that period has been destroyed.
(3) The date on which the last inspection of the apiaries, bees, comb and used hives and equipment was made at their place of origin.
(4) The total number of colonies in the apiary at the time of the inspection and the number of colonies found to be diseased.
(5) The total number of colonies of bees, hives, used equipment and appliances to be shipped into this state.
(6) The shippers full name, the name under which he is doing business, if applicable, and his address.
(7) The identification numbers or letters, or both, used by the shipper to identify his beekeeping equipment.
(c) Submits with the application a fee set by the state board of agriculture which does not exceed $1 for each colony.
3. Each shipment must be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
4. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment must be quarantined in the same manner as provided in NRS 552.200, and must be destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
κ1985 Statutes of Nevada, Page 346 (CHAPTER 88, AB 37)κ
state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
5. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce must be covered by the person in possession in a manner which will prevent access of bees.
6. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter must be destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the department, after notice to the owner or person by the department. If the owner does not comply with the requirements of the notice or cannot be located, the department may destroy [such] the bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale must include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of [any such] the sale must be deposited with the state treasurer for credit to the apiary inspection fund.
Sec. 28. NRS 552.212 is hereby amended to read as follows:
552.212 1. [No person may] A person shall not ship or transport into this state any queens or other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:
(a) Were inspected within 60 days before the date of shipment; and
(b) Were found to be free from disease and pests.
2. The department shall hold a shipment which is not accompanied by the certificate of inspection and notify the person who owns or controls the bees that they will be destroyed after 48 hours from the time of the notice unless a proper certificate of inspection is supplied. If the certificate is not supplied within that time, the bees may be destroyed.
Sec. 29. NRS 555.280 is hereby amended to read as follows:
555.280 [No person may] A person shall not engage in pest control or serve as an agent, operator or pilot for that purpose within this state at any time without a license issued by the executive director.
Sec. 30. NRS 555.285 is hereby amended to read as follows:
555.285 [No person may] A person shall not for hire engage in, offer to engage in, advertise or solicit to perform any of the following pest control activities concerning wood destroying pests or organisms without a license issued by the executive director:
1. Making an inspection [or inspections for the purpose of identifying or attempting] to identify or to attempt to identify infestations or infections of households or other structures by such pests or organisms.
2. Making inspection reports concerning [such] the infestations or infections.
3. Making estimates or bids, whether written or oral, concerning [such] the infestations or infections.
4. Submitting bids to perform any work involving the application of pesticides for the [eliminating, exterminating, controlling or preventing] elimination, extermination, control or prevention of infestations or infections of such pests.
κ1985 Statutes of Nevada, Page 347 (CHAPTER 88, AB 37)κ
elimination, extermination, control or prevention of infestations or infections of such pests.
Sec. 31. NRS 571.210 is hereby amended to read as follows:
571.210 1. Livestock not under special quarantine by the State of Nevada, the Federal Government, or the state, territory or district of origin may enter the State of Nevada in compliance with regulations adopted by the state quarantine officer.
2. Notice that livestock is in transit is not required unless the livestock remains in the state, or is to be unloaded to feed and rest for [a period] longer than 48 hours.
3. [No person, his agents or employees may] A person, his agents or employees shall not bring livestock into this state unless he has obtained a health certificate showing that the livestock is free from contagious, infectious or parasitic diseases or exposure thereto. This requirement does not apply to animals whose accustomed range is on both sides of the Nevada state line and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon. The state quarantine officer shall adopt regulations concerning the form of the certificate.
4. [No person may:] A person shall not:
(a) Alter a health certificate; or
(b) Divert livestock from the destination described on the health certificate without notifying the state quarantine officer within 72 hours after the diversion of the livestock.
5. Any livestock brought into this state without complying with this section may be seized, destroyed or sent out of this state by the state quarantine officer within 48 hours. The expense of seizing, destroying or removing the livestock must be paid by the owner or his agent in charge of the livestock and the expense is a lien on the livestock, unless it was destroyed, until paid.
Sec. 32. NRS 598.040 is hereby amended to read as follows:
598.040 1. As used in this section, master motor vehicle key set means a key or keys that may be used to operate more than one motor vehicle.
2. [No person may] A person shall not sell a master motor vehicle key set to any person except automobile dealers, automobile repairmen, locksmiths and peace officers of the State of Nevada.
3. [No person may] A person shall not advertise the sale of a master motor vehicle key set except in trade journals of automobile dealers, automobile repairmen and locksmiths.
4. Any person who violates the provisions of subsection 2 or 3 [of this section] is guilty of a misdemeanor.
Sec. 33. NRS 598.050 is hereby amended to read as follows:
598.050 1. As used in this section:
(a) Imitation Indian arts or crafts articles means those made by machine, or made either wholly or partially out of synthetic or artificial materials, or articles which are not made by Indian labor or workmanship.
κ1985 Statutes of Nevada, Page 348 (CHAPTER 88, AB 37)κ
(b) Indian means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.
2. [No person may] A person shall not distribute, sell or offer for sale in this state any imitation Indian art or craft articles unless the articles are at all times clearly and legibly designated as imitation.
3. Only those articles bearing a registered trade-mark or label of authentic Indian labor or workmanship may be deemed authentic Indian arts or crafts articles.
4. Any person violating the provisions of this section is guilty of a misdemeanor.
Sec. 34. NRS 637A.340 is hereby amended to read as follows:
637A.340 [No person may] A person shall not give, sell, transfer, or offer to give, sell or transfer, or alter any license.
Sec. 35. NRS 637A.350 is hereby amended to read as follows:
637A.350 [No person may] A person shall not engage in the business of a hearing aid specialist under an assumed name with intent to defraud the public or without a valid [, unrevoked] license.
Sec. 36. NRS 637B.290 is hereby amended to read as follows:
637B.290 [No person may] A person shall not engage in the practice of audiology or speech pathology in this state without first obtaining a license to do so as provided in this chapter.
Sec. 37. NRS 677.660 is hereby amended to read as follows:
677.660 1. [No person may] A person shall not advertise, print, display, publish, distribute or broadcast or cause or permit to be advertised, printed, displayed, published, distributed or broadcast, in any manner, any statement or representation with regard to the rates, terms or conditions for making or negotiating loans, or with regard to thrift certificates, which is false, misleading or deceptive.
2. A licensee shall not use any advertising or make any representations which indicate, imply or might lead a person to believe that it is a bank.
Sec. 38. NRS 680A.060 is hereby amended to read as follows:
680A.060 1. [No person may] A person shall not act as an insurer and [no insurer may] an insurer shall not transact insurance in this state by mail or otherwise, except as authorized by a certificate of authority issued by the commissioner and then in full force, and except as to such transactions as are expressly otherwise provided in this code.
2. [No] A domestic insurer and [no] a foreign insurer from offices or by personnel or facilities located in this state [may] shall not solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority granted to it by the commissioner authorizing it to transact the same kind or kinds of insurance in this state.
3. Any officer, director, agent, representative or employee of any insurer who willfully authorizes, negotiates, makes or issues any insurance contract in violation of this section is guilty of a misdemeanor.
κ1985 Statutes of Nevada, Page 349 (CHAPTER 88, AB 37)κ
Sec. 39. NRS 684A.140 is hereby amended to read as follows:
684A.140 1. Concurrently with an application for a license or for renewal of a license as an adjuster, the applicant or licensee must provide an appointment for each associate adjuster employed by him or to be employed by him contingent upon issuance of the license. Each person who desires to become licensed as an associate adjuster must submit an application to the commissioner for such a license.
2. Upon payment of the appropriate fee, the commissioner shall issue and deliver to a licensed adjuster a license for each associate authorized by the state to act in behalf of the licensee. The commissioner shall not issue a license as an associate adjuster to a person who is licensed as an agent, broker, solicitor or surplus lines broker.
3. The license of an associate adjuster may be renewed upon payment of the applicable fee. His license expires at the same time as the license of the employing adjuster, except that the commissioner shall promptly terminate an associate adjusters license upon written request therefor by the employing adjuster.
4. [No person may be,] A person shall not act as [,] or hold himself out in this state to be an associate adjuster unless he holds a current license as such issued to him by the commissioner. A violation of this provision is a gross misdemeanor.
Sec. 40. NRS 689.165 is hereby amended to read as follows:
689.165 [No person may] A person shall not sell any prepaid contract or accept any [funds] money under such a contract unless:
1. He holds a valid certificate of authority as a seller issued by the administrator; and
2. The contract and the sale thereof are in compliance with the provisions of this chapter.
Sec. 41. 1. Sections 1 to 25, inclusive, and sections 27 to 41, inclusive, of this act, become effective upon passage and approval.
2. Sections 14 and 26 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 350κ
Senate Bill No. 125Senators Ryan, Raggio and Rawson
CHAPTER 89
AN ACT relating to education; requiring school districts to prescribe rules of behavior for their pupils and punishments for violations of the rules; providing for the distribution and inspection of those rules; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each school district shall prescribe written rules of behavior required of and prohibited for pupils attending school within their district and shall prescribe appropriate punishments for violations of the rules. If suspension or expulsion is used as a punishment for a violation of the rules, the school district shall follow the procedures in NRS 392.467.
2. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year. Copies must also be made available for inspection at each school located in that district in an area on the grounds of the school which is open to the public.
________
Assembly Bill No. 314Committee on Government Affairs
CHAPTER 90
AN ACT relating to administrative procedure; permitting waiver of requirement that the decision include findings of fact and conclusions of law; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.121 is hereby amended to read as follows:
233B.121 1. In a contested case, all parties [shall] must be afforded an opportunity for hearing after reasonable notice.
2. The notice [shall] must include:
(a) A statement of the time, place and nature of the hearing.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and regulations involved.
κ1985 Statutes of Nevada, Page 351 (CHAPTER 90, AB 314)κ
(d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement [shall] must be furnished.
3. Any party is entitled to be represented by counsel.
4. Opportunity [shall] must be afforded all parties to respond and present evidence and argument on all issues involved. An agency may by regulation authorize the payment of [witness fees and mileage] fees and reimbursement for mileage to witnesses in the same amounts and under the same conditions as for witnesses in the courts of this state.
5. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. If an informal disposition is made, the parties may waive the requirement for findings of fact and conclusions of law.
6. The record in a contested case [shall] must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) A statement of matters officially noticed.
(d) Questions and offers of proof and objections, and rulings thereon.
(e) Proposed findings and exceptions.
(f) Any decision, opinion or report by the hearing officer presiding at the hearing.
7. Oral proceedings, or any part thereof, [shall] must be transcribed on request of any party.
8. Findings of fact [shall] must be based exclusively on substantial evidence and on matters officially noticed.
Sec. 2. NRS 233B.125 is hereby amended to read as follows:
233B.125 A decision or order adverse to a party in a contested case [shall] must be in writing or stated in the record. [A] Except as provided in subsection 5 of NRS 233B.121, a final decision [shall] must include findings of fact and conclusions of law, separately stated. Findings of fact and decisions [shall] must be based upon substantial evidence. Findings of fact, if set forth in statutory language, [shall] must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency regulations, a party submitted proposed findings of fact, the decision [shall] must include a ruling upon each proposed finding. Parties [shall] must be notified either personally or by certified mail of any decision or order. Upon request a copy of the decision or order [shall] must be delivered or mailed forthwith to each party and to his attorney of record.
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κ1985 Statutes of Nevada, Page 352κ
Senate Bill No. 205Senators Ryan and OConnell
CHAPTER 91
AN ACT relating to industrial insurance; requiring 90 days notice of a projected change in premiums; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating of each risk, which regulations, however, must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of [premium contributions] premiums or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.
(b) The manager shall file revised premium rates [and] , revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least [30] :
(1) Ninety days before the effective date of any projected change in premiums or projected change of multiplier; and
(2) Thirty days before the effective date of [the changes.] any change decided upon.
The commissioner shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) Any employer affected by a change in a premium rate may request the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing.
κ1985 Statutes of Nevada, Page 353 (CHAPTER 91, SB 205)κ
(d) Premium rates may not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicted accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. Subsections 2 and 3 do not apply to rating plans made by voluntary agreement between the manager and employer which increases or reduces [premium contributions] premiums for the employer. The voluntary rating plans may be retrospective in nature. A voluntary rating plan must be in writing and signed by both the manager and the employer.
________
Assembly Bill No. 55Committee on Government Affairs
CHAPTER 92
AN ACT relating to public investments; removing obsolete references to section 3 of article 11 of the constitution of the State of Nevada; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 355.140 is hereby amended to read as follows:
355.140 In addition to other investments provided for by a specific statute, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:
1. Bonds and certificates of the United States;
2. Bonds, notes, debentures and loans where underwritten by or payment is guaranteed by the United States;
3. Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whether or not guaranteed by the United States;
4. Bonds of this state or other states of the union;
5. Bonds of any county of the State of Nevada or of other states;
6. Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
κ1985 Statutes of Nevada, Page 354 (CHAPTER 92, AB 55)κ
provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
7. General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within such districts, when the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;
8. Bonds of school districts within this state;
9. Bonds of any general improvement district having a population of 200,000 or more and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when the property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
10. Short-term financing for counties, cities and school districts authorized under the provisions of chapter 354 of NRS;
11. Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
12. Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, [as now or hereafter amended,] and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, [as now or hereafter amended, excluding such money the investment of which is governed by the provisions of the constitution of the State of Nevada, such as money for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article 11 of the constitution of this state, and also] excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
13. Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations; and
14. Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System. Acceptances may not exceed 180 days maturity.
κ1985 Statutes of Nevada, Page 355 (CHAPTER 92, AB 55)κ
Sec. 2. NRS 99.070 is hereby amended to read as follows:
99.070 Notwithstanding any other provision of law, obligations issued by the United States Postal Service or the Federal National Mortgage Association, whether or not the payment of principal and interest thereon is guaranteed by the Government of the United States, [except as provided in section 3 of article 11 of the constitution of the State of Nevada,] may be purchased by:
1. Insurance companies, insurance associations and all other persons carrying on an insurance business;
2. Executors, administrators, guardians, committees, conservators, liquidators, rehabilitators, receivers, trust companies and trustees, and all other persons occupying a similar fiduciary position;
3. Banks, bankers and savings banks;
4. Savings and loan associations, investment companies and other financial institutions;
5. Credit unions, cemetery associations, mutual benevolent and benefit associations;
6. The state and any municipality, county, school district or other local government unit or political subdivision;
7. All other public officers, boards, commissions, bodies and agencies of the state and its political subdivisions and agencies; and
8. Any other [individual,] natural person, firm, group, corporation, association, institution and fund . [of any nature whatever.]
Sec. 3. NRS 321.160 is hereby amended to read as follows:
321.160 [1. All funds derived from the sale of lands under this chapter shall be invested in interest-bearing bonds of this state or of the United States, as required by section 3 of article 11 of the constitution of this state.
2.] The proceeds of the sale of lands donated to this state by Act of Congress of July 2, 1862, [shall] must be invested by the board of regents.
[3. The proceeds of other lands referred to in this chapter, whenever the sum of $5,000 shall have been paid into the state permanent school fund, shall be invested as directed by law.]
Sec. 4. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 356κ
Assembly Bill No. 154Committee on Commerce
CHAPTER 93
AN ACT relating to taxation of insurers; eliminating estimated payments of the tax due each quarter; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.031 is hereby amended to read as follows:
680B.031 1. Each insurer which, pursuant to NRS 680B.027, paid or is required to pay a tax of at least $2,000 on net premiums and net considerations received during the preceding calendar year, shall file a quarterly report in such form as prescribed by the commissioner. The report must be accompanied by [an estimated] a payment made payable to the commissioner in an amount equal to [:
(a) The tax due at the rate prescribed in NRS 680B.027 on net premiums and net consideration received during that calendar quarter; or
(b) Twenty-five] 25 percent of the tax paid or required to be paid on net premiums and net considerations received during the preceding calendar year.
2. Each quarterly [estimated] payment is due on the last day of the last month in each calendar quarter.
3. If an overpayment of the tax imposed by NRS 680B.027 results from the [estimated] payments made pursuant to this section, the insurer shall apply the overpayment against each succeeding quarterly estimated payment due in the current calendar year until the overpayment has been extinguished.
[4. Any insurer making estimated payments pursuant to paragraph (a) of subsection 1 is not subject to penalties for underpayment if the total of its estimated payments for the calendar year is at least equal to 90 percent of the tax due pursuant to NRS 680B.027.]
Sec. 2. An insurer who has made estimated payments pursuant to paragraph (a) of subsection 1 of NRS 680B.031 for calendar year 1985 is not liable for the penalty which was provided in subsection 4 of that section.
________
κ1985 Statutes of Nevada, Page 357κ
Assembly Bill No. 215Committee on Commerce
CHAPTER 94
AN ACT relating to trust companies; limiting use of the term trust to a person regulated by the division of financial institutions as a trust company; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 669.095 is hereby amended to read as follows:
669.095 1. Except as otherwise provided in subsection 2, no person, partnership, firm, association, corporation or other business organization formed and doing business under the laws of this state may:
(a) Use the word trust or any direct derivative of that word as a part of its name.
(b) Advertise or use any sign with the word trust used as a part of its name.
2. The provisions of subsection 1 do not apply to a person or business organization which:
(a) Is supervised by the administrator [;] pursuant to this chapter or chapters 657 to 668, inclusive, or 673 of NRS; or
(b) Is supervised by the commissioner of insurance.
________
Assembly Bill No. 275Committee on Government Affairs
CHAPTER 95
AN ACT relating to local government; simplifying joinder in contracts with suppliers; unifying and extending the commission to study governmental purchasing; increasing the threshold for certain bonds on public works; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.195 is hereby amended to read as follows:
332.195 [1. Local governments may join in the letting of a contract of any nature.
2. Such joinder shall be accomplished by authorization of the governing body of each such local governmental entity.
3. The authorization shall indicate which joining local government shall be considered as the situs of the contract for the purpose of advertising for or requesting bids.
4. Local governments may utilize the contracts of another governing body or public entity with the authorization of the contracting authority.]
κ1985 Statutes of Nevada, Page 358 (CHAPTER 95, AB 275)κ
body or public entity with the authorization of the contracting authority.] Local governments and the State of Nevada may join or use the contracts of other local governments within this state with the authorization of the contracting vendor. The originally contracting local government is not liable for the obligations of the local government which joins or uses the contract.
Sec. 2. NRS 332.215 is hereby amended to read as follows:
332.215 1. [In each] Each county of this state [having a population of] whose population is 100,000 or more, [there is hereby created a government purchasing study] must be a member of the commission to study governmental purchasing which is composed of all purchasing agents of the local governments within those counties. Each county whose population is less than 100,000 may participate as a voting member of the commission. The members shall select a chairman from among their number.
2. The [government purchasing study] commission shall meet no less than quarterly or at the call of the chairman to study [government] practices in governmental purchasing [practices] and laws relating thereto and shall make recommendations with respect to those laws to the next regular session of the legislature.
Sec. 3. NRS 309.340 is hereby amended to read as follows:
309.340 1. After adopting a plan for such works as are proposed, or in conjunction with the issuance of general obligation bonds (but either before or after such issuance), the board of directors shall cause notice to be given by the secretary by publication thereof for not less than 2 weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. The notice must set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works, and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids.
2. At the time and place appointed the bids must be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals.
3. In case of necessity, the board of directors, by unanimous vote of those present at any regular or special meeting, may contract for the construction or repair of any part of the system of works, and may in the ordinary course of business purchase any necessary machinery or materials in such amount in one transaction as will not exceed an amount equal to 5 cents for each acre of land in the district.
4. If a contract is not subject to the provisions of chapter 408 of NRS and provides for work exceeding [$5,000,] $20,000, any person [or persons] to whom such a contract may be awarded shall furnish to the district a performance bond and a payment bond as provided in NRS 339.025.
κ1985 Statutes of Nevada, Page 359 (CHAPTER 95, AB 275)κ
NRS and provides for work exceeding [$5,000,] $20,000, any person [or persons] to whom such a contract may be awarded shall furnish to the district a performance bond and a payment bond as provided in NRS 339.025. The work must be done under the direction and to the satisfaction of the engineer employed by the district and approved by the board.
Sec. 4. NRS 339.025 is hereby amended to read as follows:
339.025 1. Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding [$5,000] $20,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, he must furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor:
(a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The bond must be solely for the protection of the contracting body which awarded the contract.
(b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.
2. Each of the bonds must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, the bonds must be payable to the other contracting body.
3. Each of the bonds must be filed in the office of the contracting body which awarded the contract for which the bonds were given.
4. Nothing in this section prohibits a contracting body from requiring bonds.
________
κ1985 Statutes of Nevada, Page 360κ
Assembly Bill No. 149Committee on Ways and Means
CHAPTER 96
AN ACT relating to cities; requiring the inclusion of portions of state highways and railroads in territory annexed by certain cities; allowing the governing body of an incorporated city or unincorporated town to consent to the formation of a general improvement district which includes property within 7 miles of that city or town; and providing other matters properly relating thereto.
[Approved April 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.663 is hereby amended to read as follows:
268.663 When a city annexes territory which is not included within its existing boundaries, the territory annexed [shall include] includes the following : [county roads or portions of county roads:]
1. If the annexed territory abuts upon one side of a county road , state highway or railroad and the territory which abuts upon the opposite side of the road , highway or railroad is not within the boundaries of the annexing city, the annexed territory [shall extend] extends to the middle of the road [.] , highway or railroad. The governing body of a city may, at the request of the board of county commissioners of the county in which the city is located, annex the remaining portion of the road, highway or railroad, and that portion of any county road which is then included in the annexed territory becomes a city street.
2. If the annexed territory abuts upon a county road , state highway or railroad on both sides of the road, highway or railroad, or if the annexed territory abuts upon one side of a county road , state highway or railroad and the territory which abuts upon the opposite side of the road , highway or railroad is within the existing boundaries of the annexing city, the annexed territory [shall include] includes the portion of road , highway or railroad so abutted on both sides, and the portion of the county road which is included in the annexed territory [shall become] becomes a city street.
3. If the annexed territory is a subdivision, the portions of the county roads which provide the primary access to the subdivision [shall] are also [be] annexed and [shall] become city streets.
Sec. 2. NRS 318.055 is hereby amended to read as follows:
318.055 1. The formation of a district may be initiated by:
(a) A resolution adopted by the board of county commissioners; or
(b) A petition proposed by any owner of property to be located in the district.
2. After adoption of the resolution or receipt of the petition the organization of the district [shall] must be initiated by the adoption of an ordinance by the board of county commissioners, which [ordinance] is in this chapter sometimes designated the initiating ordinance.
κ1985 Statutes of Nevada, Page 361 (CHAPTER 96, AB 149)κ
No initiating ordinance may be adopted by the board of county commissioners if the proposed district includes [lands] any real property within 7 miles from the boundary of an incorporated city or unincorporated town unless:
(a) All members of the board of county commissioners unanimously vote for the organization of a district with boundaries which contravene [such] this 7-mile limitation;
(b) A petition for annexation to or inclusion within [such] the incorporated city or unincorporated town of [such lands] that property has first been filed with the governing body of [such] the incorporated city or unincorporated town pursuant to law and the governing body thereof has refused to annex or include [such lands] that property and has entered the fact of [such] that refusal in its minutes; [or]
(c) No part of the area within the district is eligible for inclusion in a petition for such an annexation [.] ; or
(d) The governing body of the incorporated city or the town board of the unincorporated town, by resolution, consents to the formation of the district.
3. Except as is otherwise provided in this chapter, a district may be entirely within or entirely without, or partly within and partly without, one or more municipalities or counties, and the district may consist of noncontiguous tracts or parcels of property.
4. The initiating ordinance [shall] must set forth:
(a) The name of the proposed district, consisting of a chosen name preceding the word District, or, if [the organizational proceedings authorize] the district is authorized to exercise more than one basic power, the words General Improvement District. If a districts name as provided in the organizational proceedings does not include the words General Improvement, and if subsequently any additional basic power is granted to the district pursuant to NRS 318.077, the board of county commissioners may [but is not required to] redesignate the district with a chosen name preceding the words General Improvement District.
(b) A statement of the basic power or basic powers for which the district is proposed to be created (for instance, by way of illustration, for paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district). The basic power or basic powers stated in the initiating ordinance [shall be any or all] must be one or more of those authorized in NRS 318.116, as supplemented by the sections of this chapter designated therein . [, or any part or parts thereof.]
(c) A statement that the ordinance creating [such] the district will be based on the boards finding:
(1) That [the] public convenience and necessity require the creation of [such] the district;
(2) That the creation of [such] the district is economically sound and feasible;
κ1985 Statutes of Nevada, Page 362 (CHAPTER 96, AB 149)κ
(3) That the service plan for the district conforms to subsection 1 of NRS 308.030; and
(4) That the service plan for the district does not contravene any of the criteria enumerated in subsection 1 of NRS 308.060.
(d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable [a] an owner of property [owner] to determine whether [or not] his property is within the district.
(e) The place and time for the hearing on the creation of the district.
[5. The board of county commissioners may determine not to organize the district only as provided in NRS 318.060 to 318.070, inclusive.]
________
Assembly Bill No. 1Assemblyman Getto
CHAPTER 97
AN ACT to amend the title of and to amend an act entitled An Act creating the Airport Authority of Lander County; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of Lander County to the authority; providing penalties; and providing other matters properly relating thereto, approved May 23, 1983.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3, of the above entitled act, being chapter 458, Statutes of Nevada 1983, at page 1209, is hereby amended to read as follows:
Sec. 3. As used in this act : [the following words or phrases are defined as follows:]
1. Airport means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of aircraft and spacecraft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.
2. Authority means the Airport Authority of Lander County created pursuant to the provisions of this act.
κ1985 Statutes of Nevada, Page 363 (CHAPTER 97, AB 1)κ
3. Board of trustees and board each means the board of trustees of the authority.
4. Carrier means any person or corporation engaged in the air or space transportation of passengers or cargo.
5. Designated district means that portion of Lander County [lying north of the 40th parallel.] north of a line beginning at a point on the western boundary of Lander County where the township line common to T. 24 N. and T. 23 N., M.D.B. & M. crosses that boundary, thence running east to the range line common to R. 42 E. and R. 43 E., thence running north to the 40th parallel, thence running east to the eastern boundary of Lander County.
6. Lander County means the county created by and described in NRS 243.165.
Sec. 2. Section 5 of the above entitled act, being chapter 458, Statutes of Nevada 1983, at page 1209, is hereby amended to read as follows:
Sec. 5. 1. The authority must be governed by a board of trustees composed of seven persons who are residents of the designated district.
2. After the initial terms, the [members] trustees must be elected for terms of 4 years. The office of trustee is nonpartisan.
3. Within 60 days after the effective date of this act:
(a) The board of county commissioners of Lander County shall appoint from the designated district four trustees to initial terms which expire when their successors are elected and qualified at the general election held in November of 1986.
(b) The Lander County Fair and Recreation Board shall appoint from the designated [area] district two trustees to initial terms which expire when their successors are elected and qualified in the general election held in November of 1984.
(c) The Lander County School District shall appoint from the designated [area] district one trustee to an initial term which expires when his successor is elected and qualified in the general election held in November of 1984.
4. If the office of any trustee becomes vacant, the authority which appointed his initial predecessor shall appoint his successor for the unexpired term.
Sec. 3. Section 8 of the above entitled act, being chapter 458, Statutes of Nevada 1983, at page 1210, is hereby amended to read as follows:
Sec. 8. 1. The board shall meet regularly at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the board require, on notice to each board member.
2. A majority of the members constitute a quorum at any meeting. Every motion and resolution of the board must be adopted by at least a majority of the members present and constituting the quorum at such meeting.
κ1985 Statutes of Nevada, Page 364 (CHAPTER 97, AB 1)κ
by at least a majority of the members present and constituting the quorum at such meeting.
3. If any member is absent from three consecutive regular meetings of the board, without good cause as determined by the board, his office thereupon becomes vacant.
4. The board shall adopt a seal.
Sec. 4. Section 13 of the above entitled act, being chapter 458, Statutes of Nevada 1983, at page 1212, is hereby amended to read as follows:
Sec. 13. 1. [To levy and collect taxes, the] The board of trustees shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the authority, and shall, subject to the approval of the board of county commissioners of Lander County, fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the geographical boundaries of the authority, and together with other revenues, will raise the amount required by the authority annually to pay the costs of acquiring, operating and maintaining the airport of the authority, to extend and better it if appropriate, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the authority. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 14 of this act.
2. The board shall certify to the board of county commissioners of Lander County, at the same time as fixed by law for certifying thereto tax levies, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes the board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the geographical boundaries of the authority, in addition to such other taxes as may be levied by the board of county commissioners at the rate so fixed and determined.
Sec. 5. Section 15 of the above entitled act, being chapter 458, Statutes of Nevada 1983, at page 1213, is hereby amended to read as follows:
Sec. 15. 1. [The body having authority to levy taxes within each county shall levy the taxes provided in this act.
2.] All officials charged with the duty of collecting taxes shall collect the taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the authority. The payment of such collections must be made monthly to the treasurer of the authority and paid into the depository thereof to the credit of the authority.
[3.] 2. All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting such taxes, interest and penalties constitute, until paid, a perpetual lien on and against the property taxed; and the lien is on a parity with the tax lien of other general taxes.
κ1985 Statutes of Nevada, Page 365 (CHAPTER 97, AB 1)κ
paid, a perpetual lien on and against the property taxed; and the lien is on a parity with the tax lien of other general taxes.
Sec. 6. The title of the above entitled act, being chapter 458, Statutes of Nevada 1983, at page 1208, is hereby amended to read as follows:
AN ACT creating the Airport Authority of Lander County; [making legislative findings and declarations; defining certain words and terms;] providing for the appointment, election, removal, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of Lander County to the authority; providing penalties; and providing other matters properly relating thereto.
________
Assembly Bill No. 239Committee on Ways and Means
CHAPTER 98
AN ACT making an appropriation to the reserve for statutory contingency fund; and providing other matters properly relating thereto.
[Approved April 17, 1985]
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 $571,517.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 230Committee on Judiciary
CHAPTER 99
AN ACT relating to the state watchmen; changing their name; and providing other matters properly relating thereto.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 331.060 is hereby amended to read as follows:
331.060 1. The superintendent shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, [watchmen] police officers and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive.
κ1985 Statutes of Nevada, Page 366 (CHAPTER 99, AB 230)κ
other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive. Police officers employed by the superintendent have the powers of peace officers.
2. The employees shall perform duties as assigned by the superintendent.
3. The superintendent is responsible for the fitness and good conduct of all employees.
[4. Security officers of the building and grounds division have the powers of peace officers when carrying out duties prescribed by the director.]
________
Assembly Bill No. 201Committee on Judiciary
CHAPTER 100
AN ACT relating to administrative regulations; providing for judicial notice of the Nevada Administrative Code; providing for the enforcement of regulations; and providing other matters properly relating thereto.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 47.140 is hereby amended to read as follows:
47.140 The laws subject to judicial notice are:
1. The Constitution and statutes of the United States, and the contents of the Federal Register.
2. The constitution of this state and Nevada Revised Statutes.
3. Any other statute of this state if brought to the attention of the court by its title and the day of its passage.
4. A county, city or town code which has been filed as required by NRS 244.118, 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.
5. [A regulation of an agency of this state which has been adopted and filed pursuant to chapter 233B of NRS.
6.] The Nevada Administrative Code.
6. A regulation not included in the Nevada Administrative Code if adopted in accordance with law and brought to the attention of the court.
7. The class and organization of a city incorporated under general law.
[7.] 8. The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.
Sec. 2. NRS 233B.040 is hereby amended to read as follows:
233B.040 1. To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions.
κ1985 Statutes of Nevada, Page 367 (CHAPTER 100, AB 201)κ
it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, [such] the following regulations have the force of law and [shall] must be enforced by all peace officers [.] :
(a) The Nevada Administrative Code; and
(b) Temporary and emergency regulations.
In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority under which the function was assigned.
2. Every regulation adopted by an agency [shall] must include:
(a) A citation of the authority pursuant to which it, or any part of it, was adopted; and
(b) The address of the agency and, to the extent not elsewhere provided in the regulation, a brief explanation of the procedures for obtaining clarification of the regulation or relief from the strict application of any of its terms, if the agency is authorized by a specific statute to grant such relief, or otherwise dealing with the agency in connection with the regulation.
3. An agency may adopt by reference in a regulation material published by another authority in book or pamphlet form if:
(a) It files two copies of the publication with the secretary of state and makes at least one copy available for public inspection with its regulations; and
(b) The reference discloses the source and price for purchase of the publication.
An agency shall not attempt to incorporate any other material in a regulation by reference.
Sec. 3. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective upon filing with the secretary of state of the original and one copy of the final draft or revision of a regulation by the director of the legislative counsel bureau, except where:
(a) A statute prescribes a specific time when the regulation becomes effective; or
(b) A later date is specified in the regulation.
2. A temporary regulation becomes effective upon filing with the secretary of state of the original and one copy of the final draft or revision of a regulation by the agency. The agency shall also file a copy of the temporary regulation with the legislative counsel bureau.
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies, and shall maintain a file containing the duplicate copies of [such] the regulations for public inspection together with suitable indexes therefor.
κ1985 Statutes of Nevada, Page 368 (CHAPTER 100, AB 201)κ
4. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Each agency shall furnish a copy of [any of its regulations, or] all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for [such] the copy based on the cost of reproduction if it does not have [funds] money appropriated or authorized for [such] that purpose.
6. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 4. NRS 407.0475 is hereby amended to read as follows:
407.0475 1. The administrator shall [from time to time adopt, amend and rescind] adopt such regulations as he finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the division . [, and such regulations have the force of law. Such] The regulations may include prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the division.
2. Any regulations relating to the conduct of persons within the park or recreational facilities [shall:] must:
(a) Be directed toward one or both of the following:
(1) Prevention of damage to or misuse of the facility.
(2) Promotion of the inspiration, use and enjoyment of the people of this state through the preservation and use of the facility.
(b) Apply separately to each park, monument or recreational area and be designed to fit the conditions [or recreation area,] existing at that park, monument or [recreation] recreational area.
3. Any person whose conduct violates any regulation adopted pursuant to subsection 1, and who refuses to comply with [such] the regulation upon request by any ranger or employee of the division who has been designated a peace officer pursuant to NRS 407.065, is guilty of a misdemeanor.
Sec. 5. NRS 433.324 is hereby amended to read as follows:
433.324 The division shall [from time to time] adopt [and promulgate] such regulations as are necessary for carrying out the provisions of this Title. [Such regulations shall have the force and effect of law.]
Sec. 6. NRS 439.210 is hereby amended to read as follows:
439.210 1. The state board of health shall [from time to time promulgate rules and] adopt regulations governing the control of communicable diseases . [, and such rules shall have the full force and effect of law.] The [rules and] regulations [shall] must list those diseases [, cases of which shall be reportable,] which are reportable and [shall] set forth the procedures of isolation and quarantine, if any, that [shall be] are in effect for each reportable disease.
κ1985 Statutes of Nevada, Page 369 (CHAPTER 100, AB 201)κ
set forth the procedures of isolation and quarantine, if any, that [shall be] are in effect for each reportable disease. Cases of reportable diseases [shall] must be reported immediately by the attending physician to the local health officer, who shall make a record thereof. In those counties with a part-time health officer, such cases [shall] must be reported immediately to the principal office of the state board of health. Any attending physician who [shall fail or neglect] fails or neglects to report forthwith, as defined in this section, any case of a reportable disease [shall be] is guilty of a misdemeanor.
2. The local health officer shall immediately establish and maintain upon each case of communicable disease reported to him such procedures of isolation or quarantine as [shall be established] are required by the [rules and] regulations of the state board of health governing the control of communicable diseases. Any person [violating the rules and regulations of] who violates a regulation which requires quarantine or isolation as established by the local health officer [shall be] is guilty of a misdemeanor.
Sec. 7. NRS 440.120 is hereby amended to read as follows:
440.120 1. The board shall provide an adequate system for the registration of births and deaths by [formulating, promulgating] adopting and enforcing [rules and] regulations prescribing the method and form of making such registration. [Such rules and regulations shall have the full force and effect of law.]
2. The state registrar shall carry into effect the [rules,] regulations and orders of the board.
Sec. 8. NRS 449.340 is hereby amended to read as follows:
449.340 1. The state department [shall have the authority to] may, by regulations, establish standards for the maintenance and operation of health facilities, which [standards shall have the force and effect of law and shall] supersede all local ordinances and regulations [heretofore or hereafter enacted] inconsistent therewith.
2. A copy of [such standards adopted by the state department,] the regulations, giving the date that they take effect, [shall be filed with the secretary of state, and copies shall] must be issued in pamphlet form.
3. Any health facility that applies for and accepts federal aid for construction under a state plan does so on the condition that the health facility [shall] qualify under the minimum standards for maintenance and operation adopted [, promulgated] and enforced by the state department.
4. Any person, partnership, association or corporation establishing, conducting, managing or operating any health facility within the meaning of NRS 449.250 to 449.430, inclusive, who [shall violate] violates any of the provisions of this section or regulations lawfully [promulgated] adopted thereunder [shall be] is guilty of a misdemeanor.
Sec. 9. NRS 561.105 is hereby amended to read as follows:
561.105 1. The board shall [have only such powers and duties as are authorized by law.
2. The board shall have the following powers and duties:
κ1985 Statutes of Nevada, Page 370 (CHAPTER 100, AB 201)κ
(a) To be] :
(a) Be informed on and interested in the entire field of legislation and administration charged to the department.
(b) [To report] Report to the governor and legislature on all matters which it [may deem] deems pertinent to the department, and concerning any specific matters previously requested by the governor.
(c) [To advise] Advise and make recommendations to the governor or the legislature relative to the policies of the state concerning livestock and agriculture . [policy of the state.
(d) To formulate]
(d) Formulate the policy of the department and the various divisions thereof.
(e) [From time to time, to adopt, amend and rescind such rules and] Adopt such regulations as it [may deem] deems necessary for the operation of the department and for carrying out the provisions of the laws and programs administered by the department. [Such rules and regulations shall have the force and effect of law.
3.] 2. The board shall prescribe rules [and regulations] for its own management and government.
Sec. 10. NRS 639.286 is hereby amended to read as follows:
639.286 Regulations officially adopted by the board under the powers granted by NRS 454.110 and 639.073 as those regulations apply to the restricted sale of drugs and the sale or labeling of poisons apply to all persons alike . [and have the force and effect of law.] Violation of those regulations is a misdemeanor.
Sec. 11. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 371κ
Assembly Bill No. 101Committee on Commerce
CHAPTER 101
AN ACT relating to secured interests in property; clarifying the duty of the court in entering a deficiency judgment; clarifying the priority of secured interests in a boat; and providing other matters properly relating thereto.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.453 is hereby amended to read as follows:
40.453 1. It is hereby declared by the legislature to be against public policy for any document relating to the sale of real property to contain any provision whereby a mortgagor or [trustor] the grantor of a deed of trust waives any right secured to him by the laws of this state.
2. No court shall enforce any such provision.
Sec. 2. NRS 40.455 is hereby amended to read as follows:
40.455 Upon application of the judgment creditor or the beneficiary of the deed of trust within 3 months [from] after the date of the foreclosure sale or the trustees sale held pursuant to NRS 107.080, respectively, and after the required hearing , [conducted under NRS 40.457,] the court [may] shall award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if it appears from the sheriffs return or the recital of consideration in the trustees deed that there is a deficiency of sale proceeds and a balance remaining due to the judgment creditor or the beneficiary of the deed of trust, respectively.
Sec. 3. NRS 40.459 is hereby amended to read as follows:
40.459 After the hearing , [under NRS 40.457,] the court [may] shall award a money judgment against the defendant or defendants personally liable for the debt. The court shall not render judgment for more than [the amount by which the amount of indebtedness which was secured by the mortgage, deed of trust or other lien at the time of the foreclosure sale or trustees sale, as the case may be, exceeded the fair market value of the property sold at the time of such sale, with interest from the date of such sale. In no event shall the court award such judgment, exclusive of interest after the date of such sale, in an amount exceeding the difference between the amount for which the property was actually sold at the foreclosure sale or trustees sale and the amount of indebtedness which was secured by the mortgage, deed of trust or other lien at the time of such sale.] :
1. The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the sale; or
2. The amount which is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured,
whichever is the lesser amount.
κ1985 Statutes of Nevada, Page 372 (CHAPTER 101, AB 101)κ
Sec. 4. NRS 108.690 is hereby amended to read as follows:
108.690 [Any lien or liens in excess of $300 acquired as provided in NRS 108.670 to 108.760, inclusive, shall be a secondary lien or liens when the boat or vessel in question is sold or leased on a conditional sales agreement or a recorded lease or mortgage.] To the extent that a lien or the aggregate of several liens acquired as provided in NRS 108.670 to 108.760, inclusive, exceeds $300, it is secondary to a perfected security interest in the boat or vessel.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 25Committee on Judiciary
CHAPTER 102
AN ACT relating to the delegation of legislative authority; removing unconstitutional provisions; and providing other matters properly relating thereto.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.350 is hereby amended to read as follows:
444.350 1. Any construction, alteration or change in the use of a building or other structure in this state [shall] must be in compliance with the [latest edition of the] Uniform Plumbing Code [adopted by] of the International Association of Plumbing and Mechanical Officials [.] in the form most recently adopted by that association before January 1, 1985.
2. Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions . [of such city or county.] Any city or county desiring to make changes to the Uniform Plumbing Code [, with changes, shall submit such amended code] must, before its adoption, submit the code with the proposed amendments to the state public works board . [prior to its adoption.]
Sec. 2. NRS 447.050 is hereby amended to read as follows:
447.050 It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes:
1. Any kitchen, cellar, hallway, water closet, bath, shower compartment, or slop-sink room.
2. Any other room or place which does not comply with the provisions of this chapter, or is which, in the judgment of the health authority, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition, a want of light, windows, ventilation or drainage, dampness, or offensive or obnoxious odors or poisonous gases in the room or place, or a lack of exits as required by the [latest edition of the] Uniform Building Code [.]
κ1985 Statutes of Nevada, Page 373 (CHAPTER 102, AB 25)κ
[latest edition of the] Uniform Building Code [.] in the form most recently adopted before January 1, 1985, by the International Conference of Building Officials.
Sec. 3. NRS 461.170 is hereby amended to read as follows:
461.170 1. The following codes, [as revised from time to time,] in the form most recently published before January 1, 1985, are hereby adopted for the purposes of this chapter:
(a) The Uniform Housing Code;
(b) The Uniform Building Code, as adopted by the International Conference of Building Officials;
(c) The Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials;
(d) The Uniform Mechanical Code, as adopted by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials;
(e) The National Electrical Code, as adopted by the National Fire Protection Association;
(f) The Uniform Building Code, Dangerous Building, as adopted by the International Conference of Building Officials; and
(g) The Uniform Building Code Standards, as adopted by the International Conference of Building Officials.
2. The division may adopt regulations necessary to carry out the provisions of this chapter and the uniform codes adopted by this section. The regulations may be revised when necessary to conform substantially to amendments to the uniform codes.
3. The codes and regulations adopted under this section do not prevent a local enforcement agency from imposing more stringent standards.
Sec. 4. NRS 278.583 is hereby amended to read as follows:
278.583 1. After January 1, 1974, any construction, alteration or change in the use of a building or other structure in this state by any person, firm, association or corporation, whether public or private, [is to] must be in compliance with the technical provisions of the [latest edition of the] National Electrical Code [as adopted by] of the National Fire Protection Association [.] in the form most recently adopted by that association before January 1, 1985.
2. Any city or county within the state may adopt such modifications of the code as are deemed reasonably necessary, if such modifications do not reduce the standards established in the code.
Sec. 5. NRS 616.427 is hereby amended to read as follows:
616.427 1. If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment [resulting in compensation liability] which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be fairly allocated between the insurer and the subsequent injury fund in accordance with [rules] regulations adopted by the administrator.
κ1985 Statutes of Nevada, Page 374 (CHAPTER 102, AB 25)κ
be fairly allocated between the insurer and the subsequent injury fund in accordance with [rules] regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in [the] his death [of the employee] and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be fairly allocated between the insurer and the subsequent injury fund in accordance with [rules] regulations adopted by the administrator.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or [due to] caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to [be] obtaining reemployment if the employee [should be] is unemployed. For the purposes of this section, no condition may be considered a permanent physical impairment unless it would support a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the [latest edition of the] American Medical [Association] Associations Guides to the Evaluation of Permanent Impairment [.] in the form most recently published and supplemented before January 1, 1985.
4. In order to qualify under this section for reimbursement from the subsequent injury fund, the insurer must establish by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, at the time the employee was retained in employment after the employer acquired such knowledge or that the employee failed to report or denied the impairment on any written application which formed the basis of the employment.
5. An insurer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but [in no event] not later than 100 weeks after the injury or death.
6. The director shall by regulation establish [regulations] a procedure by which claims against the subsequent injury fund may be submitted and decisions made.
7. An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer.
Sec. 6. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The insurer shall select a physician from a group of rating physicians designated by the administrator, to determine the percentage of disability in accordance with the American Medical [Association publication, Guides] Associations Guides to the Evaluation of Permanent [Impairment, as it exists on the date most recently specified by regulation of the department.]
κ1985 Statutes of Nevada, Page 375 (CHAPTER 102, AB 25)κ
[Impairment, as it exists on the date most recently specified by regulation of the department.] Impairment in the form most recently published and supplemented before January 1, 1985. The department may supplement this publication by adopting regulations for a supplemental guide.
3. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.
4. Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimants average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or:
(a) On or after July 1, 1983, and before July 1, 1984, until the claimant is 66 years of age;
(b) On or after July 1, 1984, and before July 1, 1985, until the claimant is 67 years of age;
(c) On or after July 1, 1985, and before July 1, 1986, until the claimant is 68 years of age;
(d) On or after July 1, 1986, and before July 1, 1987, until the claimant is 69 years of age; or
(e) On or after July 1, 1987, until the claimant is 70 years of age,
whichever is later.
5. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
6. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
7. The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
8. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
9. This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 7. NRS 624.3017 is hereby amended to read as follows:
624.3017 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed.
κ1985 Statutes of Nevada, Page 376 (CHAPTER 102, AB 25)κ
trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship [shall] must meet the standards [determined by the latest edition of] prescribed in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code [.] in the form of the code most recently published before January 1, 1985.
2. Advertising projects of construction [projects] without including in [such] the advertisements the name of the licensed contractor who is responsible for the construction . [of such projects.]
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 213Committee on Commerce
CHAPTER 103
AN ACT relating to collection agencies; eliminating the word renewal from renewal licenses and certificates; and providing other matters properly relating thereto.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 649.065 is hereby amended to read as follows:
649.065 1. The administrator shall keep in his office, in a suitable record provided for the purpose, all applications for certificates, licenses and all bonds required to be filed under this chapter. The record must state the date of issuance or denial of the license or certificate and the date and nature of any action taken against any of them.
2. All licenses and certificates issued must be sufficiently identified in the record.
3. All renewals must be recorded in the same manner as originals, except that , in addition, [the word Renewal and] the number of the preceding license or certificate issued must be recorded.
4. Except for confidential information contained therein, the record must be open for inspection as a public record in the office of the administrator.
Sec. 2. NRS 649.245 is hereby amended to read as follows:
649.245 1. A collection agency or manager desiring a renewal of a license or certificate which will expire shall file in the office of the administrator, on or before June 1 in each year following the year of original issuance, a renewal application, stating in addition to the matters required in the original application the date and number of the license or certificate which will expire. The renewal application must be accompanied by the renewal fee.
2. The administrator shall issue a renewal license or certificate to the applicant, which must be dated July 1 next ensuing the date of the application, in form and text like the original except that, in addition, the renewal must show the date and number of the earliest license or certificate issued .
κ1985 Statutes of Nevada, Page 377 (CHAPTER 103, AB 213)κ
the renewal must show the date and number of the earliest license or certificate issued . [, and must bear across its face in conspicuous letters the word Renewal.]
3. All requirements of this chapter with respect to original certificates, licenses and bonds apply with like force to all renewal certificates, licenses and bonds except as otherwise specified in this section.
4. The administrator shall refuse to renew a certificate or license if at the time of application a proceeding to revoke or suspend the certificate or license is pending.
________
Assembly Bill No. 56Committee on Government Affairs
CHAPTER 104
AN ACT relating to local governmental finance; reconciling the limits upon revenue from taxes ad valorem and supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.59805 is hereby amended to read as follows:
354.59805 [The] Except as otherwise provided in NRS 354.59816, the maximum amount of money which a local government, except a school district or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
1. First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
2. Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before February 15 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
κ1985 Statutes of Nevada, Page 378 (CHAPTER 104, AB 56)κ
fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
3. Then reducing the amount resulting from subsections 1 and 2 if necessary to bring it within any applicable limit provided in [this section.] NRS 354.59811 or 354.59816.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 214Committee on Commerce
CHAPTER 105
AN ACT relating to debt adjusters; increasing the limits on fees; and providing other matters properly relating thereto.
[Approved April 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 676.250 is hereby amended to read as follows:
676.250 1. Licensees [shall be] are allowed such fees as are clearly stated in the contract.
2. Such fees may include:
(a) An initial retainer fee of [$25,] $50, which need not be amortized.
(b) A service fee, which [shall] must be amortized equally, each month, over the length of the contract, but no more than one monthly amortization [shall] may be applied to the debtors account as charges for any particular month, unless prepayment is being made.
(c) A fee of [50 cents] $1.50 per check issued in payment of all nonterminal indebtedness.
3. The total amount of fees received by a licensee under any particular contract, exclusive of the retainer fee, may not exceed 15 percent of the listed terminal indebtedness. Terminal indebtedness [shall not be construed to] does not mean indebtedness on a residence or other expenses normally incurred in maintaining a residence.
4. If the debtor chooses at any time to satisfy the total indebtedness listed in the contract before the expiration of the contract, the licensee may charge and [shall be] is limited to a fee of not more than 7 percent of the then-remaining balance of indebtedness listed in the contract.
5. No fee other than the initial retainer fee may be charged until the licensee has secured the consent of creditors:
(a) Constituting more than 50 percent of the total number of creditors enumerated in the contract; and
κ1985 Statutes of Nevada, Page 379 (CHAPTER 105, AB 214)κ
(b) Holding more than 50 percent of the total amount of indebtedness listed in the contract.
________
Senate Bill No. 129Committee on Commerce and Labor
CHAPTER 106
AN ACT relating to dentistry; requiring continuing education and an examination on state law and regulations; requiring graduation from an accredited school in all cases; prohibiting reexamination for a license under certain circumstances; extending the fee for an inspection for a permit to administer anesthesia to subsequent inspections; and providing other matters properly relating thereto.
[Approved April 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The board shall adopt regulations concerning continuing education in dentistry and dental hygiene. The regulations must include:
1. The number of hours of credit required annually;
2. The criteria used to accredit each course; and
3. The requirements for submission of proof of attendance at courses.
Sec. 3. A holder of an inactive license, or the holder of a license who is retired or disabled, is exempt from the requirement of continuing education. If the holder of such a license applies to the board to reactivate it, he must submit proof of continuing education for the year in which the license is restored to active status.
Sec. 4. NRS 631.015 is hereby amended to read as follows:
631.015 Accredited means approved by the [Council on Dental Education] Commission on Dental Accreditation of the American Dental Association or its successor organization.
Sec. 5. NRS 631.230 is hereby amended to read as follows:
631.230 1. Any person is eligible to take an examination for a license to practice dentistry in the State of Nevada who:
(a) Is over the age of 21 years;
(b) Is a citizen of the United States, or [who] is lawfully entitled to remain and work in the United States;
(c) Is a graduate of an accredited dental school or college ; [, or who was licensed and practicing dentistry in another state or territory of the United States continuously for a period of 5 years immediately prior to the filing of his application;] and
(d) Is of good moral character.
2. To determine whether a person has good moral character the board may consider whether his license to practice dentistry in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.
κ1985 Statutes of Nevada, Page 380 (CHAPTER 106, SB 129)κ
Sec. 6. NRS 631.240 is hereby amended to read as follows:
631.240 1. Any person desiring to obtain a license to practice dentistry in this state, after having complied with the [rules and] regulations of the board [under its authority] to determine eligibility, [shall be entitled to an examination] must be examined by the board . [, which examination shall be] The examination must cover both theoretical and practical [.] knowledge of dentistry.
2. The theoretical examination [shall] must be in writing upon such subjects as the board [may choose.] chooses. The board shall recognize a certificate granted by the National Board of Dental Examiners in lieu of [such theoretical examination.
3.] the examination on theoretical knowledge of dentistry.
3. The board shall examine each applicant in writing, on the contents and interpretation of chapter 631 of NRS and the regulations of the board.
4. The practical examination [shall] must include clinical demonstrations of the applicants skill in dentistry.
[4.] 5. All persons successfully passing [such examination shall] the examination must be registered as licensed dentists on the board register, as provided in this chapter, and [shall also] are entitled to receive a certificate of [such registration, which certificate shall be] registration, signed by the president and the secretary of the board.
Sec. 7. NRS 631.250 is hereby amended to read as follows:
631.250 1. The board may issue a [specialty] specialists license authorizing a licensed dentist to announce, hold himself out and practice as a specialist in a special area of dentistry for which there is a certifying [specialty] board approved by the [Council on Dental Education] Commission on Dental Accreditation of the American Dental Association.
2. No licensee may announce or hold himself out to the public as a specialist or practice as a specialist unless he has successfully completed the educational requirements currently specified for qualification in the special area by the certifying [specialty] board.
3. A licensed dentist who has successfully completed those educational requirements, has passed the general dentistry examination and has been issued a [specialty] specialists license under this section may commence specialty practice immediately in the special area without:
(a) Examination by the certifying [specialty] board.
(b) Certification as a diplomate of the certifying [specialty] board.
4. A dentist to whom a [specialty] specialists license has been issued must limit his practice to the specialty.
Sec. 8. NRS 631.280 is hereby amended to read as follows:
631.280 Any applicant for a license to practice dentistry in this state who [shall fail to pass two consecutive examinations] twice fails to pass the examination of the board [shall not be] is not eligible for reexamination within [a 12-month period following.] 12 months after the second examination was taken.
κ1985 Statutes of Nevada, Page 381 (CHAPTER 106, SB 129)κ
Sec. 9. NRS 631.300 is hereby amended to read as follows:
631.300 1. Any person desiring to obtain a license to practice dental hygiene, after having complied with the [rules and] regulations of the board [under its authority] to determine eligibility, [shall be entitled to an examination] must be examined by the board upon such subjects as the board [may deem] deems necessary, and given a practical examination in dental hygiene, including but not limited to the removal of deposits from, and the polishing of, the exposed surface of the teeth.
2. The examination [shall] must be:
(a) Written, oral or a combination of both; and
(b) Practical, as in the opinion of the board will be necessary to test the qualifications of the applicant.
3. The board shall examine each applicant in writing on the contents and interpretation of chapter 631 of NRS and the regulations of the board.
4. In lieu of the [written examination or oral examination or combination of both] examination required by subsection 2, the board shall recognize a certificate from the National Board of Dental Examiners.
Sec. 10. NRS 631.330 is hereby amended to read as follows:
631.330 1. Licenses must be renewed annually. Each holder of a license to practice dentistry or dental hygiene must, upon payment of the required fee [provided in NRS 631.345,] and submission of proof of completion of the required continuing education, be granted a renewal certificate which will authorize continuation of the practice for [a 1-year period.] 1 year.
2. The annual renewal fee must be paid , and proof of continuing education submitted on or before June 30. Failure to pay the fee or submit the proof to the board by June 30 of each year automatically suspends the license and it may be reinstated only upon payment of the [reinstatement fee specified in NRS 631.345] fee for reinstatement in addition to the annual fee due [thereon.] and submission of proof of the required continuing education.
3. If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.
Sec. 11. NRS 631.335 is hereby amended to read as follows:
631.335 1. The license of a person who does not actively practice in this state for 1 year automatically reverts to inactive status at the time the license renewal fee is next payable . [following the 1-year period.] If a person whose license has reverted to inactive status [continues] :
(a) Continues to actively practice outside this state, his license must be reinstated to active status if he pays the license fee for active licensees. [If a person whose license has reverted to inactive status does]
(b) Does not continue to practice, his license may be reinstated to active status only upon the motion of the board [.] , and submission of the required fee for active licenses and proof of continuing education.
2. A licensee who is disabled and cannot practice, or who is retired must be issued a license which reflects that status when the fee to renew his license is next payable.
κ1985 Statutes of Nevada, Page 382 (CHAPTER 106, SB 129)κ
must be issued a license which reflects that status when the fee to renew his license is next payable. His license may be reinstated to active status only upon the motion of the board, submission of the required fee for an active license and proof of continuing education.
Sec. 12. NRS 631.345 is hereby amended to read as follows:
631.345 1. The fees which must be charged by the board for the performance of the duties imposed upon it by this chapter are as follows:
Examination fee for license to practice dentistry....................................... $150
Examination fee for license to practice dental hygiene............................ 75
Application fee for a specialist license....................................................... 125
Application and examination fee for [initial] permit to administer general anesthesia................................................................................................ 200
Annual renewal fee for permit to administer general anesthesia............ 50
Annual license renewal fee for a general dentist or specialist, not to exceed ............................................................................................................. 200
Annual license renewal fee for a dental hygienist, not more than......... 75
Annual license renewal fee for an inactive dentist................................... 100
Annual license renewal fee for a retired or disabled dentist................... 25
Annual license renewal fee for an inactive dental hygienist................... 25
Annual license renewal fee for a retired or disabled dental hygienist... 25
Reinstatement fee for a suspended or revoked license to practice dentistry or dental hygiene......................................................................................... 200
2. All fees are payable in advance and must not be refunded.
Sec. 13. Proof of continuing education must be submitted initially on or before June 30, 1986.
________
Assembly Bill No. 141Committee on Labor and Management
CHAPTER 107
AN ACT relating to labor; changing the time within which an employer is required to pay an employee who resigns; and providing other matters properly relating thereto.
[Approved April 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 608.030 is hereby amended to read as follows:
608.030 Whenever an employee resigns or quits his employment, the wages and compensation earned and unpaid at the time of [such] his resignation or quitting [shall] must be paid [within 24 hours after a demand therefor.]
κ1985 Statutes of Nevada, Page 383 (CHAPTER 107, AB 141)κ
resignation or quitting [shall] must be paid [within 24 hours after a demand therefor.] no later than :
1. The day on which he would have regularly been paid the wages or compensation; or
2. Seven days after he resigns or quits,
whichever is earlier.
Sec. 2. NRS 608.040 is hereby amended to read as follows:
608.040 1. [Should any employer fail to pay within 3 days after the same shall become due and payable under the provisions of this chapter any wages or compensation, without deduction, of any employee who is discharged from or who resigns or quits his employment, then, as a penalty for such nonpayment of such wages or compensation, the same shall continue from the date of the cessation of employment at the same rate until paid; but such wages or compensation shall not continue for more than 30 days.] If an employer fails to pay:
(a) Within 3 days after the wages or compensation of a discharged employee becomes due; or
(b) On the day the wages or compensation are due to an employee who resigns or quits,
the wages or compensation of the employee continues at the same rate from the day he resigned, quit or was discharged until paid or for 30 days, whichever is less.
2. Any employee who secretes or absents himself to avoid payment of [such] his wages or compensation, or refuses to accept [the same] them when fully tendered to him, [shall not be] is not entitled to receive the payment thereof for [such time as he so] the time he secretes or absents himself to avoid [such] payment.
________
Senate Bill No. 87Committee on Judiciary
CHAPTER 108
AN ACT relating to dissolution of marriage; providing for the appointment of a referee; authorizing the imposition of an additional fee; and providing other matters properly relating thereto.
[Approved April 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In any action for divorce, annulment or separate maintenance, or any proceeding in which the support for or custody and visitation of a minor child is an issue, the district judge may appoint any person qualified by previous experience, training and demonstrated interest in domestic relations as referee.
2. Subject to the specifications and limitations stated in the order of appointment, the referee shall hear all disputed factual issues and make written findings of fact and recommendations to the district judge.
κ1985 Statutes of Nevada, Page 384 (CHAPTER 108, SB 87)κ
appointment, the referee shall hear all disputed factual issues and make written findings of fact and recommendations to the district judge.
3. The proceedings before the referee must be conducted in the same manner as in the district court. The referee may rule upon the admissibility of evidence unless otherwise directed by the court. He may call the parties to the action and other witnesses and may examine them under oath.
4. The report of the referee must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the report, either party may file and serve upon the other party written objections to the report. If no objection is filed, the court shall accept the findings of fact unless clearly erroneous, and judgment may be entered thereon. If an objection is filed within the 10-day period, the court shall review the matter and enter such order, judgment or decree as is just, equitable and appropriate.
5. The compensation of a referee appointed pursuant to this section must not be taxed against the parties but must be fixed by the judge to be paid from appropriations made by the board of county commissioners for the expenses of the district court.
Sec. 2. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $5 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:
1. On the appearance of a defendant in such an action in the district court, the county clerk of each county, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.
2. On or before the 5th day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to subsection 1.
________
κ1985 Statutes of Nevada, Page 385κ
Senate Bill No. 9Committee on Judiciary
CHAPTER 109
AN ACT relating to prisoners; allowing certain prisoners admitted to health and care facilities to remain there without a guard; and providing other matters properly relating thereto.
[Approved April 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 211.160 is hereby amended to read as follows:
211.160 1. Except in accordance with criteria established pursuant to subsection 2, no prisoner or prisoners may be allowed to go from the walls of the prison without a [proper and] sufficient guard.
2. The responsible sheriff, chief of police or town marshal shall establish criteria for determining whether, and to what extent, supervision is required for a prisoner who is assigned to work pursuant to subsection 2 of NRS 211.140. He shall, with the consent of the administrator of the health and care facility, establish criteria for such a determination regarding a prisoner who is incapacitated and is admitted to a health and care facility for medical treatment.
________
Assembly Bill No. 325Committee on Government Affairs
CHAPTER 110
AN ACT relating to taxes on transient lodging; authorizing small counties to assign the proceeds of certain taxes to a general improvement district which furnishes recreational facilities; prohibiting the revocation of the assignment if the proceeds have been pledged for the repayment of certain obligations; and providing other matters properly relating thereto.
[Approved April 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A county having a population of less than 100,000 may by ordinance assign to a district created pursuant to chapter 318 of NRS which has been granted the basic power of furnishing recreational facilities all or any portion of the proceeds of any tax on the revenues from the rental of transient lodging which is imposed by the county and collected within the boundaries of the district, except the tax imposed pursuant to NRS 244.3352.
2. The district may use the proceeds assigned pursuant to subsection 1 for any purpose authorized pursuant to NRS 318.143.
κ1985 Statutes of Nevada, Page 386 (CHAPTER 110, AB 325)κ
3 The district may, with the consent of the board of county commissioners, irrevocably pledge the proceeds assigned pursuant to subsection 1 for:
(a) The repayment of any bonds or short-term obligations issued pursuant to chapter 318, 350 or 354 of NRS for any lawful purpose pertaining to the furnishing of recreational facilities; or
(b) The refinancing of any such bonds or obligations.
The consent of the board of county commissioners must be given by resolution. If any proceeds are pledged pursuant to this subsection, the assignment of the proceeds may not be revoked until the bonds or short-term obligations for which the proceeds were pledged have been completely repaid.
4. No assignment may be made pursuant to this section which is inconsistent with an assignment made or contract entered into for the purposes of NRS 244A.597 to 244A.655, inclusive.
5. A county which makes an assignment pursuant to this section may retain an amount equal to the reasonable cost of collecting the tax, which must not exceed 2 percent of the proceeds of the tax for any period of collection.
Sec. 2. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as provided in subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
4. Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, or section 1 of this act constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
κ1985 Statutes of Nevada, Page 387 (CHAPTER 110, AB 325)κ
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
5. The board of county commissioners may delegate the authority to enforce [such] liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, [official] officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 3. NRS 268.460 is hereby amended to read as follows:
268.460 Any license tax levied by any county against any lawful trade, calling, industry, occupation, profession or business conducted in the county and located in an unincorporated area therein, the proceeds of which [tax] have been pledged for the payment of any bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive, [and all laws amendatory thereto and supplemental thereto, shall,] or section 1 of this act must, upon the incorporation of [such] the area as a city or town, continue to be levied [thereagainst and shall] and must be collected by the officer of [such] the newly incorporated city or town charged by law with the collection of its license taxes . [, and the proceeds therefrom shall] The proceeds must be transmitted to the county officer [then] required by law to collect such a county license tax, so long as any of [such county] the bonds or other obligations so additionally secured and issued [prior to] before the incorporation of [such] the area remain outstanding and unpaid, both as to principal and interest.
κ1985 Statutes of Nevada, Page 388 (CHAPTER 110, AB 325)κ
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 294Committee on Judiciary
CHAPTER 111
AN ACT relating to judgments of death; limiting the time for appellate review of such a judgment; and providing other matters properly relating thereto.
[Approved April 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 177 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An appeal to the supreme court from a judgment of death or the review of such a judgment by that court must be decided and an opinion rendered within 150 days after the court has received the record on appeal from the clerk of the sentencing court. If an opinion is not rendered within that time, the chief justice of the supreme court shall state on the record the reasons which caused the delay and the facts supporting those reasons.
2. Any failure of the court to comply with the requirements of this section is not a ground for setting aside the judgment of death.
________
Assembly Bill No. 106Committee on Judiciary
CHAPTER 112
AN ACT relating to law libraries; providing a minimum allocation for the support of a law library in certain counties; and providing other matters properly relating thereto.
[Approved April 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 380.110 is hereby amended to read as follows:
380.110 1. [Any] Except as otherwise provided in subsection 5, any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter must require that, from the fees received by the county clerk pursuant to chapter 19 of NRS, a sum established by the ordinance, not exceeding $30 in any case, must be allocated by the county clerk to a fund designated as the law library fund. These allocations may be made from the fees collected by the county clerk for the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of these sources as may be determined by the ordinance.
κ1985 Statutes of Nevada, Page 389 (CHAPTER 112, AB 106)κ
paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of these sources as may be determined by the ordinance.
2. All money so set aside must be paid by the county clerk to the county treasurer, who shall keep it separate in the law library fund.
3. The board of county commissioners may transfer from the county general fund to the law library fund such amounts as it determines are necessary for purposes of the law library.
4. Money in the law library fund must be:
(a) Expended for the purchase of law books, journals, periodicals and other publications.
(b) Expended for the establishment and maintenance of the law library.
(c) Drawn therefrom and used and applied only as provided in this chapter.
5. In a county whose population is 250,000 or more, the sum established by the ordinance must be no less than $15 nor more than $30 in any case.
________
Assembly Bill No. 258Assemblymen Nevin, Schofield, Stone, Craddock, Dini, Nicholas, Coffin, Price, Swain, Little, Lambert, Spriggs, Banner, Roberts, Rader, Getto, Bergevin, Malone, Francis, Thompson, Jeffrey, Sedway, Williams, McGaughey, Collins, Horne, Tebbs, Arberry, Zimmer, Humke, DuBois, Thomas, Fairchild, Kerns, Bogaert, ODonnell, Ham, Sader, Joerg, Beyer and Bilyeu
CHAPTER 113
AN ACT making an appropriation from the state highway fund to the department of motor vehicles for the payment of expenses relating to the construction of a facility for training peace officers; and providing other matters properly relating thereto.
[Approved April 22, 1985]
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 highway fund created pursuant to NRS 408.235 to the department of motor vehicles the sum of $141,338 for the payment of expenses relating to the construction of a facility for training peace officers.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1986, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 390κ
Assembly Bill No. 57Committee on Government Affairs
CHAPTER 114
AN ACT relating to state government; providing a single basic authorization for the payment of expenses for transportation, meals, lodging and related items incurred by state officers and employees; removing unnecessary internal references to chapter 284 of NRS; and providing other matters properly relating thereto.
[Approved April 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as provided in subsection 2 or otherwise provided by [law, when] specific statute, any district judge, state officer, [commissioner, representative of the state, or other] state employee [of any office, department, board, commission, bureau, agency or institution operating by authority of law, and] or member of an advisory board supported in whole or in part by any public money, whether the public money is [money] received from the Federal Government [of the United States] or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, [he is entitled] to be paid at the rate of $47.50 for each 24-hour period during which he is away from the office and within the state, and $21 in addition to a reasonable room rate for each 24-hour period during which he is outside the state.
2. Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners [.] conforming generally to those rates.
3. Any person enumerated in subsection 1 is entitled to receive an allowance for transportation [pursuant to] in the transaction of public business, whether within or without the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is 24 cents per mile traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 12 cents per mile traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or without the municipality or other area in which his principal office is located. The allowance must be established:
(a) At rates higher than the rates established in subsection 3.
κ1985 Statutes of Nevada, Page 391 (CHAPTER 114, AB 57)κ
(b) Except as provided in paragraph (c), at a rate of not more than 30 cents per mile traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of [not more than] 12 cents per mile traveled.
5. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose [and intent] of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.
Sec. 2. NRS 281.461 is hereby amended to read as follows:
281.461 1. Each commission:
(a) Shall at its first meeting and annually thereafter elect a chairman from among its members.
(b) May meet regularly at least once in each calendar quarter and at other times upon the call of the chairman.
2. Members of each commission are entitled to receive a salary of $60 per day while engaged in the business of the commission . [, in addition to the travel and subsistence allowances provided by law.]
3. Each commission may employ such personnel, in the unclassified service of the state, and obtain such facilities as are required to carry out the functions of the commission. The salaries of persons so employed must be within the limits of appropriations made by law.
Sec. 3. NRS 284.045 is hereby amended to read as follows:
284.045 While engaged in official business of the department, the members of the commission are entitled to receive a salary of $60 per day . [and the per diem expense allowance and travel expenses as provided by law.]
Sec. 4. NRS 284.235 is hereby amended to read as follows:
284.235 The director may designate appropriate persons, including officers and employees in the public service, to assist in the preparation and rating of examinations. An appointing authority may excuse any employee in his division from his regular duties for the time required for his work as an examiner. Those officers and employees are not entitled to extra pay for their services as examiners, but are entitled to their regular salaries . [and the per diem expense allowance and travel expenses fixed by law.]
Sec. 5. NRS 286.170 is hereby amended to read as follows:
286.170 1. Subject to the limitations of this chapter and the budget prescribed by the board, the system [shall] must be administered by the executive officer, an assistant executive officer and a staff authorized by the board and appointed by the executive officer with the approval of the board.
2. The board shall:
(a) Create such positions within the system as it deems necessary for the sound and economical administration of the system.
(b) Fix the salaries [of all persons employed in the classified service for purposes of administering the system] for the positions so created in accordance with the pay plan of the state [adopted pursuant to the provisions of chapter 284 of NRS.
κ1985 Statutes of Nevada, Page 392 (CHAPTER 114, AB 57)κ
for purposes of administering the system] for the positions so created in accordance with the pay plan of the state [adopted pursuant to the provisions of chapter 284 of NRS.
3. No classified employee on the staff of the system] for the classified service. No employee may be removed [in a manner contrary to the provisions of chapter 284 of NRS.] from a position so created except in the manner provided for the classified service of the state.
Sec. 6. NRS 286.180 is hereby amended to read as follows:
286.180 1. [When necessarily absent from home attending to their duties, the members of the board are entitled to receive their actual and necessary traveling expenses and other expenses within the limit fixed for state officers and employees.
2.] Members of the board are entitled to receive a fee of $60 per day for:
(a) Attendance at meetings of the board [.] ;
(b) Any official function directly related to the system which is approved by the board [.] ; or
(c) Necessary travel to attend a meeting of the board or a conference or seminar on retirement or to perform an official function described in paragraph (b).
[3.] 2. Fees and reimbursement for expenses [shall] must be paid from the public employees retirement administrative fund.
[4.] 3. Fees and reimbursement for expenses must be paid from commitment fees obtained from borrowers whenever the members of the board hold special meetings or perform official functions, as described in paragraph (b) of subsection [2,] 1, which are limited solely to mortgage and real estate investments.
Sec. 7. NRS 287.042 is hereby amended to read as follows:
287.042 1. A majority of the members of the committee on group insurance constitutes a quorum for the transaction of business.
2. No member may receive any compensation for his services as a member of the committee. Any member who is employed in the service of the state [shall] must be granted leave from his duties to engage in the business of the committee without loss of his regular compensation. Such leave does not reduce the amount of the members annual leave.
[3. Members of the committee are entitled to the subsistence allowances and travel expenses as prescribed by law for state officers and employees.]
Sec. 8. NRS 287.0437 is hereby amended to read as follows:
287.0437 The committee on group insurance may employ professional, technical and clerical personnel as necessary to assist it in the operation of the plan of self-insurance. [These employees are subject to the provisions of chapter 284 of NRS.] Their salaries and other costs must be paid out of the self-insurance fund. The committee shall prepare a budget for these costs and submit the budget to the interim finance committee for its approval.
Sec. 9. NRS 288.100 is hereby amended to read as follows:
288.100 Each member of the board is entitled to receive $60 for each day in which he is engaged in the business of the board .
κ1985 Statutes of Nevada, Page 393 (CHAPTER 114, AB 57)κ
each day in which he is engaged in the business of the board . [, and is also entitled to the expenses and allowances prescribed in NRS 281.160.]
Sec. 10. NRS 288.135 is hereby amended to read as follows:
288.135 1. The employee-management relations advisory committee is hereby created, to consist of six members, three of whom [shall] must be representatives or designees of employee organizations and three of whom [shall] must be representatives or designees of local government employers.
2. The governor shall appoint the members of the advisory committee on the basis of recommendations of employee organizations and local government employers who are affected by the provisions of this chapter. No employee organization and no local government employer may have more than one representative or designee appointed as a member of the advisory committee.
3. Whenever a vacancy occurs on the advisory committee, other than through the expiration of a term of office, the vacancy [shall] must be filled for the remainder of the term through appointment by the remaining:
(a) Representatives or designees of local government employers, if the vacating member represents a local government employer.
(b) Representatives or designees of employee organizations, if the vacating member represents an employee organization.
4. Members of the committee are entitled to receive a salary of $40 for each days attendance at a meeting of the committee . [and the per diem allowance and travel expenses provided by law.]
5. For any purpose other than selection of persons qualified to be appointed to the board, any four members of the advisory committee constitute a quorum.
Sec. 11. NRS 1.390 is hereby amended to read as follows:
1.390 [1. Members of the commission on judicial selection and employees of the commission are entitled to reimbursement for travel expenses and subsistence allowances as provided by law.
2.] Each member of the commission who is not a judicial officer is entitled to receive $40 for each days attendance at each meeting of the commission.
Sec. 12. NRS 1.430 is hereby amended to read as follows:
1.430 [1. Members of the commission on judicial discipline and employees of the commission are entitled to reimbursement for travel expenses and subsistence allowances as provided by law.
2.] Each member of the commission who is not a judicial officer is entitled to receive $60 for each days attendance at each meeting of the commission.
Sec. 13. NRS 90.109 is hereby amended to read as follows:
90.109 1. This chapter [shall] must be administered by the secretary of state. The secretary of state may appoint a deputy and employ other personnel [pursuant to chapter 284 of NRS] necessary to administer the provisions of this chapter. The position of the deputy [shall be] is unclassified and in addition to the two unclassified positions in the office of the secretary of state authorized by subsection 3 of NRS 284.140.
κ1985 Statutes of Nevada, Page 394 (CHAPTER 114, AB 57)κ
is unclassified and in addition to the two unclassified positions in the office of the secretary of state authorized by subsection 3 of NRS 284.140.
2. It is unlawful for the administrator or any of his deputies or employees to use for personal benefit any information which is obtained by the administrator and which is not made public. No provision of this chapter authorizes the administrator or any of his deputies or employees to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpena directed to the administrator or any of his deputies or employees.
3. All applications, statements, documents and other information filed with the administrator pursuant to the provisions of this chapter are public records and [shall] must be open at all times during office hours to inspection by any person.
Sec. 14. NRS 180.030 is hereby amended to read as follows:
180.030 1. The state public defender may employ:
(a) Deputy state public defenders in the unclassified service of the state.
(b) Clerical, investigative and other necessary staff in the classified service of the state.
2. Each deputy state public defender 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 are entitled to receive the traveling expenses and subsistence allowances provided by law.]
Sec. 15. NRS 209.261 is hereby amended to read as follows:
209.261 1. Upon notification by the county clerk of any county in this state that a person is being held under sentence of imprisonment in the state prison, the director shall immediately provide for the transportation of the offender from the place of confinement to an appropriate institution or facility of the department.
2. The expense of such transportation is a charge against the department and must be paid upon approval by the board as other claims against the state are paid.
3. The reasonable expenses of maintaining every person sentenced to imprisonment in the state prison, after 5 days notice to the director, is a charge against the department.
4. The officer in charge of transporting an offender is entitled to receive [the] allowances for transportation and subsistence [allowance authorized by law] at the rates provided for state employees.
5. In all cases where an appeal is sustained by the supreme court, further transportation of the offender is at the expense of the county in which the offender was convicted and at the same rate as provided in subsection 4.
κ1985 Statutes of Nevada, Page 395 (CHAPTER 114, AB 57)κ
Sec. 16. NRS 210.060 is hereby amended to read as follows:
210.060 [1.] The superintendent shall reside at the residence provided for in NRS 210.063.
[2. He shall receive the per diem expense allowance and travel expenses as fixed by law.]
Sec. 17. NRS 210.080 is hereby amended to read as follows:
210.080 1. The superintendent shall appoint such teaching, technical, clerical and operational staff as the execution of his duties, the care of the inmates, and the maintenance and operation of the school may require . [, the appointments to be made in accordance with the provisions of chapter 284 of NRS.]
2. The superintendent may enter into contracts with qualified employees for their services as athletic coaches in addition to their regular duties and responsibilities.
Sec. 18. NRS 210.450 is hereby amended to read as follows:
210.450 1. The position of superintendent of the school is hereby created.
2. The superintendent shall reside at the residence provided for in NRS 210.460.
[3. He shall receive the per diem expense allowance and travel expenses provided by law.]
Sec. 19. NRS 210.500 is hereby amended to read as follows:
210.500 1. The superintendent shall appoint such teaching, technical, clerical and operational staff as the execution of his duties, the care of the inmates, and the maintenance and operation of the school may require . [, the appointments to be made in accordance with the provisions of chapter 284 of NRS.]
2. The superintendent may designate an employee or employees of the school to act as his deputy or deputies. In case of the absence of the superintendent, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.
3. The superintendent may appoint his wife to the staff when no other person is available for the position for which the wife is qualified.
[4. Officers and employees of the school shall receive the per diem expense allowance and travel expenses provided by law.]
Sec. 20. NRS 210.735 is hereby amended to read as follows:
210.735 The chief of the youth parole bureau may:
1. Appoint [, in accordance with chapter 284 of NRS,] such employees as are necessary to carry out the functions of the bureau.
2. With the approval of the administrator of the youth services division in the department of human resources, enter into contracts with colleges, universities and other organizations for the purposes of:
(a) Research in the field of delinquency and crime prevention.
(b) Training special workers, including parole officers and social workers, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.
κ1985 Statutes of Nevada, Page 396 (CHAPTER 114, AB 57)κ
Sec. 21. NRS 213.1087 is hereby amended to read as follows:
213.1087 1. After the initial terms, the term of office of each member of the board is 4 years.
2. Appointments to the board [shall] must be made by the governor within 60 days from the time any vacancy occurs.
3. Members of the board are in the unclassified service of the state. They shall devote their entire time and attention to the business of the board 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 their duties.
4. Any member of the board may administer an oath or affirmation to any person offering to testify upon the hearing of an application for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify an affidavit or deposition to be used upon such an application, either for or against it, or in a parole revocation hearing.
[5. The members of the board are entitled to receive the subsistence allowances and travel expenses as fixed by law.]
Sec. 22. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. [Assistant parole and probation officers and employees of the board (except as provided in subsection 3 of NRS 284.140) are in the classified service of the state and 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.
2. The chief parole and probation officer, assistant parole and probation officers, the executive secretary and employees of the board are entitled to receive the per diem expense allowances and travel expenses as fixed by law.
3.] The compensation, salaries and expenses of the executive secretary and employees of the board must be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
[4.] 2. 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. 23. NRS 213.1095 is hereby amended to read as follows:
213.1095 The chief parole and probation officer:
1. Is responsible for and shall supervise the fiscal affairs and responsibilities of the department.
2. Shall present, in conjunction with the budget division of the department of administration, the biennial budget of the department to the legislature.
3. May establish, consolidate and abolish sections within the department.
4. May establish, consolidate and abolish districts within the state to which assistant parole and probation officers are assigned.
5. Shall appoint [, in accordance with the provisions of chapter 284 of NRS,] the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the department.
κ1985 Statutes of Nevada, Page 397 (CHAPTER 114, AB 57)κ
of NRS,] the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the department.
6. Is responsible for such reports of investigation and supervision and other reports as may be requested by the board or courts.
7. Shall direct the work of all assistants and employees assigned to him.
8. Shall formulate methods of investigation, supervision, recordkeeping and reporting.
9. Shall develop policies of parole and probation after considering other acceptable and recognized correctional programs and conduct training courses for the staff.
10. Shall furnish to each person released under his supervision a written statement of the conditions of parole or probation, instruct any parolee or probationer regarding those conditions, and advise the board or the court of any violation of the conditions of parole and probation.
11. At the close of each biennium, shall submit to the governor and the board a report, with statistical and other data, of his work.
[12. Shall perform such other duties as are prescribed by law.]
Sec. 24. NRS 217.090 is hereby amended to read as follows:
217.090 1. The board may appoint one or more compensation officers, who must have had responsible and successful administrative experience. Each compensation officer is entitled to receive a wage of not more than $50 as determined by contract for each hour spent in performing his duties, but not more than $250 per case . [, and is entitled to a subsistence allowance and reimbursement for travel expenses as provided for state officers and employees.]
2. A compensation officer shall:
(a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:
(1) Compiling bills from physicians who have treated the victim for his injury;
(2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury;
(3) Reviewing reports of peace officers and statements of witnesses; and
(4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his injuries or the death of the victim.
(b) After completing his investigation, make a report and recommendation to the hearing officer.
3. If an attorney admitted to practice law in this state has been appointed as a compensation officer, he shall not represent or otherwise assist a claimant for compensation with any matter relating to the circumstances which have resulted or may result, directly or indirectly, in a claim.
κ1985 Statutes of Nevada, Page 398 (CHAPTER 114, AB 57)κ
Sec. 25. NRS 218.235 is hereby amended to read as follows:
218.235 When proper claims are filed with the director of the legislative counsel bureau from time to time and approved by him pursuant to law, there must be paid to the secretary of the senate and to the chief clerk of the assembly from the legislative fund the secretarys expenses and the chief clerks expenses of initial travel from home to Carson City for a regular or special session of the legislature and return travel after adjournment sine die of the session, and a subsistence allowance must be paid to the secretary and to the chief clerk for each day of such travel and each day of duty performed in connection with or during the session, and when the legislature is in adjournment for more than 3 days if their services are required. The travel expenses and subsistence allowances must be paid at the rates provided [by law for public] for state officers and employees [.] generally.
Sec. 26. NRS 218.5365 is hereby amended to read as follows:
218.5365 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. The members of the committee who are state legislators are entitled to receive a salary of $80 and the subsistence allowances and travel expenses provided [by law] for state officers and employees generally for each day of attendance at a meeting of the committee and while engaged in the business of the committee.
3. The member of the committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the committee and while engaged in the business of the committee, to be paid by his local political subdivision.
Sec. 27. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the legislative counsel bureau, which consists of a legislative commission, an interim finance committee, a director, an audit division, a fiscal analysis division, a legal division, a research division, and an administrative division.
2. The legislative auditor is chief of the audit division. The legislative counsel is chief of the legal division. The research director is chief of the research division. The director shall designate from time to time one of the fiscal analysts to be responsible for the administration of the fiscal analysis division.
3. The legislative commission shall:
(a) Appoint the director.
(b) Fix the compensation of the director, each of the other division chiefs, and each fiscal analyst.
4. The director shall appoint the fiscal analysts and the chiefs of the other divisions with the approval of the legislative commission, and may serve as the chief of any division.
κ1985 Statutes of Nevada, Page 399 (CHAPTER 114, AB 57)κ
other divisions with the approval of the legislative commission, and may serve as the chief of any division.
5. The director may, with the consent of the legislative commission, designate one of the other division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.
[6. The director, officers and employees of the legislative counsel bureau are entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.]
Sec. 28. NRS 218.680 is hereby amended to read as follows:
218.680 1. Except during a regular or special session of the legislature, for each days or portion of a days attendance at each meeting of the commission or its audit subcommittee, if a member of the subcommittee, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, and the per diem allowance and travel expenses provided [by law.] for state officers and employees generally.
2. An alternate member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided [by law.] for state officers and employees generally.
Sec. 29. NRS 218.682 is hereby amended to read as follows:
218.682 The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments and the National Conference of State Legislatures, and may pay annual dues to such organizations out of the legislative fund. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees [shall] must be designated by the [members of the] legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they [shall] are entitled to receive out of the legislative fund the per diem expense allowance and travel expenses [as] provided [by law.]
κ1985 Statutes of Nevada, Page 400 (CHAPTER 114, AB 57)κ
entitled to receive out of the legislative fund the per diem expense allowance and travel expenses [as] provided [by law.] for state officers and employees generally.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process.
5. Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such subcommittees and interim or special committees [shall] must be designated by the [members of the] legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such subcommittees and interim or special committees who are not legislators shall serve without salary, but the [shall] are entitled to receive out of the legislative fund the per diem expense allowances and travel expenses [as] provided [by law.] for state officers and employees generally. Except during a regular or special session of the legislature, members of such subcommittees and interim or special committees who are legislators are entitled to receive out of the legislative fund the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day or portion of a day of attendance, and the per diem expense allowances and travel expenses [as] provided [by law.] for state officers and employees generally.
6. Supervise the functions assigned to the divisions of the bureau in this chapter.
Sec. 30. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance [shall be] is the chairman of the interim finance committee for the period ending with the convening of [the 56th] each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means [shall be] is the chairman of the interim finance committee during the next legislative interim, and the chairmanship [shall continue to alternate] alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
κ1985 Statutes of Nevada, Page 401 (CHAPTER 114, AB 57)κ
he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by paragraph (a) of subsection 4 of NRS 341.150, and by NRS 353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided [by law.] for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 31. NRS 224.050 is hereby amended to read as follows:
224.050 1. Until the 1st Monday in January 1983, the lieutenant governor is entitled to receive an annual salary of $8,000. From and after the 1st Monday in January 1983, the lieutenant governor is entitled to receive an annual salary of $10,500.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive $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 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 21 cents per mile traveled.
κ1985 Statutes of Nevada, Page 402 (CHAPTER 114, AB 57)κ
each day the senate is actually convened, travel expenses at the rate of 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 a temporary residence in the vicinity of the capital for the duration of the legislative session, he is entitled to receive a per diem expense allowance of $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 generally when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.
Sec. 32. NRS 228.115 is hereby amended to read as follows:
228.115 Each state agency which has a deputy attorney general assigned to it on a half-time or full-time basis shall:
1. Make payments for his salary to the attorney generals administration budget account as required, but at least annually.
2. Pay his travel expenses and subsistence allowances [as provided by law for state officers and employees] and furnish him an office with appropriate office equipment, supplies and clerical assistance satisfactory to the attorney general and the head of the agency.
Sec. 33. NRS 228.400 is hereby amended to read as follows:
228.400 1. There is hereby created an interim committee of the legislature to review the performance of the office of the consumers advocate.
2. The committee consists of:
(a) Two members of the senate from the majority political party, designated by the majority leader of the senate;
(b) One member of the senate from the minority political party, designated by the minority leader of the senate;
(c) Three members of the assembly from the majority political party, designated by the speaker of the assembly; and
(d) Two members of the assembly from the minority political party, designated by the minority leader of the assembly.
3. The members from the assembly shall select a chairman from among their number to serve for the period ending with the convening of [the 62d] each even-numbered regular session of the legislature. The members from the senate shall select a chairman from among their number to serve during the next legislative interim, and the chairmanship [shall continue to alternate] alternates between the houses of the legislature according to this pattern.
4. The committee exists only when the legislature is not in regular or special session. The committee shall meet at the call of the chairman to review and evaluate the effectiveness and functioning of the office of the consumers advocate. It may make recommendations to the consumers advocate, the attorney general, the legislative commission, the interim finance committee and the legislature.
κ1985 Statutes of Nevada, Page 403 (CHAPTER 114, AB 57)κ
5. The director of the legislative counsel bureau shall provide a secretary for the committee. Each member of the committee is entitled to receive out of the legislative fund a salary for each day or portion of a day in attendance at a meeting of the committee, in an amount equal to the salary established for members of the legislative commission, and the per diem allowance and travel expenses provided [by law.] for state officers and employees generally.
Sec. 34. NRS 231.015 is hereby amended to read as follows:
231.015 1. The interagency committee for coordinating tourism and economic development is hereby created. The committee consists of the governor, who is its chairman, the lieutenant governor, who is its vice chairman, the executive director of the commission on tourism, the executive director of the commission on economic development and such other members as the governor may from time to time appoint. The appointed members of the committee serve at the pleasure of the governor. [The members of the committee are entitled to receive the per diem allowance and travel expenses provided by law.]
2. The committee shall meet at the call of the governor.
3. The committee shall:
(a) Identify the strengths and weaknesses in state and local governmental agencies which enhance or diminish the possibilities of tourism and economic development in this state.
(b) Foster coordination and cooperation among state and local governmental agencies, and enlist the cooperation and assistance of federal agencies, in carrying out the policies and programs of the commission on tourism and the commission on economic development.
(c) Formulate cooperative agreements between the commission on tourism or the commission on economic development, and state and other public agencies pursuant to the Interlocal Cooperation Act, so that each of those commissions may receive applications from and, as appropriate, give governmental approval for necessary permits and licenses to persons who wish to promote tourism, develop industry or produce motion pictures in this state.
4. The governor may from time to time establish regional or local subcommittees to work on regional or local problems of economic development or the promotion of tourism.
Sec. 35. NRS 231.060 is hereby amended to read as follows:
231.060 The commission on economic development:
1. Shall establish the policies and approve the programs and budgets of the division of economic development and division of motion pictures concerning:
(a) The promotion of industrial development and diversification in this state; and
(b) The promotion of the production of motion pictures in this state.
2. May from time to time create special advisory committees to advise it on special problems of economic development. Members of special advisory committees, other than members of the commission, may be paid the per diem allowance and travel expenses provided [by law,] for state officers and employees, as the budget of the commission permits.
κ1985 Statutes of Nevada, Page 404 (CHAPTER 114, AB 57)κ
may be paid the per diem allowance and travel expenses provided [by law,] for state officers and employees, as the budget of the commission permits.
Sec. 36. NRS 231.070 is hereby amended to read as follows:
231.070 Each member of the commission on economic development is entitled to receive a salary of $80 for each days attendance at a meeting of the commission . [and the per diem allowance and travel expenses provided by law.]
Sec. 37. NRS 231.080 is hereby amended to read as follows:
231.080 The executive director of the commission on economic development:
1. [Is] Must be appointed by the governor from a list of three persons submitted to the governor by the commission. The person appointed as executive director must have had successful experience in the administration and promotion of a program comparable to that provided in NRS 231.020 to 231.130, inclusive.
2. Is responsible to the commission and serves at its pleasure.
3. [Is entitled to receive the per diem allowance and travel expenses as provided by law.
4.] Shall devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.
Sec. 38. NRS 231.190 is hereby amended to read as follows:
231.190 Each member of the commission on tourism is entitled to receive a salary of $80 for each days attendance at a meeting of the commission . [and the per diem allowance and travel expenses provided by law.]
Sec. 39. NRS 231.200 is hereby amended to read as follows:
231.200 The commission on tourism:
1. Shall establish the policies and approve the programs and budgets of the division of tourism and division of publications concerning:
(a) The promotion of tourism and travel in this state; and
(b) The publication of Nevada Magazine and other promotional material.
2. May adopt regulations to administer and carry out the policies and programs of those divisions.
3. May from time to time create special advisory committees to advise it on special problems of tourism. Members of special advisory committees, other than members of the commission, may be paid the per diem allowance and travel expenses provided [by law,] for state officers and employees, as the budget of the commission permits.
Sec. 40. NRS 231.210 is hereby amended to read as follows:
231.210 The executive director of the commission on tourism:
1. Must be appointed by the governor from a list of three persons submitted to him by the commission.
2. Is responsible to the commission and serves at its pleasure.
3. [Is entitled to receive the per diem allowance and travel expenses as provided by law.
4.] Shall devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.
κ1985 Statutes of Nevada, Page 405 (CHAPTER 114, AB 57)κ
Sec. 41. NRS 232.050 is hereby amended to read as follows:
232.050 1. The director is appointed by and is responsible to the governor and is in the unclassified service of the state.
2. [The director is entitled to receive the per diem expense allowance and travel expenses as provided by law.
3.] 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. 42. 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 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. 43. NRS 232.060 is hereby amended to read as follows:
232.060 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.
Sec. 44. 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.] 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. 45. NRS 232.153 is hereby amended to read as follows:
232.153 1. Members of the committee are entitled to receive a salary of $60 for each days attendance at a meeting of the committee . [and the per diem allowances and travel expenses provided by law.]
2. A member of the committee may appoint an alternate, subject to the approval of the governor, and the alternate is entitled to the salary and the per diem allowances and travel expenses [provided in subsection 1] of a regular member when actually performing duties as alternate . [in the place of a regular member.]
Sec. 46. NRS 232.180 is hereby amended to read as follows:
232.180 The director:
1. Is appointed by, is responsible to, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.
3. Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
4.] 3. Shall not engage in any other gainful employment or occupation.
κ1985 Statutes of Nevada, Page 406 (CHAPTER 114, AB 57)κ
[5.] 4. Must be selected with special reference to his training or experience in the services provided by the department.
Sec. 47. NRS 232.200 is hereby amended to read as follows:
232.200 1. The chief of each of the divisions of the department serves at the pleasure of the director, but, except as provided in subsection 2, for all purposes except removal is in the classified service of the state . [pursuant to the provisions of chapter 284 of NRS.]
2. The chief of the motor pool division if separately established is in the unclassified service of the state.
Sec. 48. 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. 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. 49. NRS 232.214 is hereby amended to read as follows:
232.214 The director:
1. Is appointed by, is responsible to, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.
3. Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
4.] 3. Shall not engage in any other gainful employment or occupation.
Sec. 50. NRS 232.240 is hereby amended to read as follows:
232.240 The director:
1. Is appointed by, is responsible to, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.
3. Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
4.] 3. Shall not engage in any other gainful employment or occupation.
[5.] 4. Must have had at least 5 years of responsible administrative experience in public or business administration or must possess broad management skills in areas related to the functions of agencies composing the department.
[6.] 5. 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.
κ1985 Statutes of Nevada, Page 407 (CHAPTER 114, AB 57)κ
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. 51. NRS 232.260 is hereby amended to read as follows:
232.260 The director may employ, within the limits of legislative appropriations , [and pursuant to the provisions of chapter 284 of NRS,] such staff as is necessary to the performance of his duties.
Sec. 52. NRS 232.270 is hereby amended to read as follows:
232.270 The chief of each of the divisions of the department:
1. Is in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.]
2. Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
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. 53. NRS 232.280 is hereby amended to read as follows:
232.280 1. Except for the state fire marshal and the commissioner of insurance, the chiefs of the divisions of the department may each appoint a deputy and a chief assistant. The commissioner of insurance may appoint two deputies.
2. These deputies and chief assistants are in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.] 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. 54. NRS 232.310 is hereby amended to read as follows:
232.310 The director:
1. Is appointed by, is responsible to, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.
3. Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
4.] 3. Shall not engage in any other gainful employment or occupation.
[5.] 4. 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.
[6.] 5. 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.
κ1985 Statutes of Nevada, Page 408 (CHAPTER 114, AB 57)κ
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. 55. NRS 232.330 is hereby amended to read as follows:
232.330 The director may employ, within the limits of legislative appropriations , [and pursuant to the provisions of chapter 284 of NRS,] such staff as is necessary to the performance of his duties.
Sec. 56. 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 regulations requires otherwise . [, in which case he is in the classified service of the state pursuant to the provisions of that chapter.]
2. Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
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. 57. 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.
Sec. 58. NRS 232.370 is hereby amended to read as follows:
232.370 1. The administrator of the rehabilitation division of the department:
(a) 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 the administrator must be placed in the classified service of the state pursuant to the provisions of that chapter.]
(b) Is responsible for the administration, through the bureaus of the division, of the provisions of NRS 426.520 to 426.720, inclusive, chapters 458 and 615 of NRS, NRS 232.360 to 232.390, inclusive, and all other provisions of law relating to the functions of the division and its bureaus, but is not responsible for the professional line activities of the bureaus except as specifically provided by law.
(c) Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists which prohibits a consolidated plan.
κ1985 Statutes of Nevada, Page 409 (CHAPTER 114, AB 57)κ
does not apply if any federal regulation exists which prohibits a consolidated plan.
2. In developing and revising state plans, the administrator shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for the programs.
Sec. 59. NRS 232.380 is hereby amended to read as follows:
232.380 The administrator of the rehabilitation division of the department may employ, within the limits of legislative appropriations , [and pursuant to the provisions of chapter 284 of NRS,] such staff as is necessary to the performance of his duties.
Sec. 60. NRS 232.390 is hereby amended to read as follows:
232.390 1. The administrator of the rehabilitation division of the department shall appoint, with the consent of the director, a head of each bureau in the division, to be known as the chief of his respective bureau.
2. The chief of each such bureau [shall:
(a) Be] :
(a) 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 the chief shall be in the classified service of the state pursuant to the provisions of such chapter.
(b) Receive an annual salary in an amount determined pursuant to the provisions of chapter 284 of NRS.
(c) Administer]
(b) Shall administer the provisions of law relating to his bureau, subject to the administrative supervision of the administrator.
[(d) Be]
(c) Is directly responsible to the administrator of the rehabilitation division of the department.
3. Subject to the approval of the administrator of the rehabilitation division of the department, the chief of each bureau may employ, within the limits of legislative appropriations , [and pursuant to the provisions of chapter 284 of NRS,] such staff as is necessary to the performance of his duties.
Sec. 61. 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 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.]
2. The chief of the child care services bureau and the chief of the youth parole bureau are in the classified service of the state . [pursuant to the provisions of chapter 284 of NRS.]
κ1985 Statutes of Nevada, Page 410 (CHAPTER 114, AB 57)κ
Sec. 62. NRS 232.490 is hereby amended to read as follows:
232.490 1. The members of the board shall meet at such times and places as they deem necessary, but the board may meet regularly at quarterly intervals.
2. The board shall adopt regulations for its own management and government, and it has only such powers and duties as are authorized by law.
3. A majority of the members of the board constitutes a quorum, and a quorum may exercise all the authority conferred on the board.
4. While engaged in the official business of the division, the members of the board are entitled to receive a salary of $60 [and the per diem expense allowance and travel expenses provided by law.] per day.
Sec. 63. NRS 232.590 is hereby amended to read as follows:
232.590 Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council . [and the per diem allowance and travel expenses as provided for state officers and employees.]
Sec. 64. NRS 232.610 is hereby amended to read as follows:
232.610 The director:
1. Is appointed by, is responsible to and serves at the pleasure of the governor.
2. Is in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.
3. Is entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
4. Must]
3. Shall not engage in any other gainful employment or occupation.
[5.] 4. Must have responsible administrative experience in public or business administration or possess broad management skills in areas related to the functions of the department.
[6.] 5. Must have the demonstrated ability to administer a major public agency in the field of industrial relations which has diverse functional divisions with related goals. His knowledge and abilities must include:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to the subject matters under his administrative direction;
(b) An administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields; and
(c) An ability to organize and present oral and written communication to the governor, the legislature, and other pertinent officials or other persons.
[7.] 6. Possess a background which indicates that he can impartially serve the interests of both employees and employers.
κ1985 Statutes of Nevada, Page 411 (CHAPTER 114, AB 57)κ
Sec. 65. NRS 232.630 is hereby amended to read as follows:
232.630 1. The director may appoint an assistant director of the department and assign his duties.
2. The assistant director is in the unclassified service of the state . [and is entitled to receive the travel expenses and subsistence allowances as provided for state officers and employees.]
3. The 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. 66. NRS 232.640 is hereby amended to read as follows:
232.640 The administrator of each of the divisions of the department:
1. Is in the unclassified service of the state . [pursuant to the provisions of NRS chapter 284.
2. Is entitled to receive travel expenses and subsistence allowances as provided for state officers and employees when traveling in the discharge of his official duties.
3.] 2. 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, except for temporary and part-time teaching duties on a university campus.
Sec. 67. NRS 232.650 is hereby amended to read as follows:
232.650 The director may employ, within the limits of legislative appropriations , [and pursuant to the provisions of NRS chapter 284,] such staff as is necessary for the performance of his duties.
Sec. 68. NRS 232.660 is hereby amended to read as follows:
232.660 1. The director may:
(a) Appoint an attorney as legal counsel to the department. If appointed, he is in the unclassified service of the state . [and is entitled to receive travel expenses and subsistence allowances as provided for state officers and employees.]
(b) Provide for contract services to be rendered by such other legal counsel as are needed for assistance in administering the laws relating to labor and industrial relations.
2. Each of the legal counsel must be an attorney admitted to practice law in Nevada.
3. In the prosecution of all claims and actions referred to him by the director, a legal counsel has the same power as that vested in the district attorney of the several counties to enforce the laws relating to labor and industrial relations, except that a legal counsel does not have the authority to prosecute for criminal violations of such laws.
Sec. 69. NRS 233.030 is hereby amended to read as follows:
233.030 1. The Nevada equal rights commission consisting of five members appointed by the governor, is hereby created.
κ1985 Statutes of Nevada, Page 412 (CHAPTER 114, AB 57)κ
2. Each member of the commission is entitled to receive as compensation $60 for each day actually employed on the work of the commission . [, in addition to the per diem allowance and travel expenses provided by law.]
Sec. 70. NRS 233.100 is hereby amended to read as follows:
233.100 1. The director [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 law, in addition to the per diem allowance and travel expenses fixed by NRS 281.160.]
2. The director shall devote his entire time and attention to the business of the commission and to the duties of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 71. 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 is in the unclassified service of the state. [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 any other gainful employment or occupation.
Sec. 72. NRS 233A.070 is hereby amended to read as follows:
233A.070 [Subject to the provisions of chapter 284 of NRS, the] The executive director of the commission may appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the commission may require.
Sec. 73. NRS 233A.080 is hereby amended to read as follows:
233A.080 Commissioners who are not in the regular employ of the State of Nevada are entitled to receive a salary of $60 for time actually spent on the work of the commission . [, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law.] Commissioners who are in the regular employ of the state shall [receive no] serve without additional salary . [, but are entitled to receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law in lieu of other provisions made by law for reimbursement of their expenses as state employees.] Claims for payment of all expenses incurred by the commission, including the salaries and expenses of its commissioners, must be made on vouchers and paid as other claims against the state are paid.
Sec. 74. NRS 233C.050 is hereby amended to read as follows:
233C.050 Each member of the council is entitled to $60 for each day or portion thereof during which he is in attendance at a regularly called meeting of the council . [, plus travel expenses and subsistence allowances as allowed by NRS 281.160.]
κ1985 Statutes of Nevada, Page 413 (CHAPTER 114, AB 57)κ
Sec. 75. NRS 233D.050 is hereby amended to read as follows:
233D.050 1. The council may meet regularly at least three times each year.
2. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council . [and the per diem allowance and travel expenses provided by law.]
Sec. 76. NRS 242.090 is hereby amended to read as follows:
242.090 1. The governor shall appoint the director in the unclassified service of the state . [pursuant to chapter 284 of NRS.] In selecting the director, the governor shall consider recommendations of the department of personnel relating to minimum qualifications.
2. The director:
(a) Serves at the pleasure of the governor and is responsible to him.
(b) [Is entitled to reimbursement for travel expenses and subsistence as provided by law for state officers and employees.
(c)] Shall not engage in any other gainful employment or occupation.
Sec. 77. NRS 242.121 is hereby amended to read as follows:
242.121 1. There is hereby created an advisory committee for data processing whose members are:
(a) The director;
(b) Three other directors of departments of the state government selected by the governor;
(c) Two other members who are not public officers or employees, appointed by the governor; and
(d) One member appointed by the majority floor leader of the senate from the membership of the senate standing committee on finance during the immediately preceding session of the legislature, and one member appointed by the speaker of the assembly from the membership of the assembly standing committee on ways and means during that session.
The governor shall appoint the chairman of the committee from among its members.
2. The committee may meet as often as necessary and may meet regularly at least once every 3 months. Members of the committee who are officers or employees in the executive department of the state serve without additional compensation. Members who are legislators or who are not public officers or employees are entitled to a salary of $80 for each day or part of a day spent on business of the committee [Each member is entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.]
3. The committee shall advise the director on matters relating to policies for data processing by elected officers of the state and state agencies, including:
(a) Standards for systems and programming; and
(b) Criteria for the selection, location and use of equipment for data processing,
so that needs for data processing of officers and agencies may be met at the least cost and with the use of the latest developments in the field of data processing.
κ1985 Statutes of Nevada, Page 414 (CHAPTER 114, AB 57)κ
the least cost and with the use of the latest developments in the field of data processing.
Sec. 78. NRS 315.979 is hereby amended to read as follows:
315.979 1. As soon as possible after their appointment, the commissioners shall organize for the transaction of business by choosing a chairman and vice chairman and by adopting bylaws and rules and regulations suitable to the purpose of organizing the authority and conducting the business thereof.
2. The commissioners shall appoint an executive director and such other officers and employees as the authority may require for the performance of its duties. All of [such positions shall be included] these positions are in the classified service of the state. The commissioners shall prescribe the duties of each officer and employee and shall fix their salaries in accordance with the pay plan of the state . [adopted pursuant to the provisions of chapter 284 of NRS.]
3. At least once a year the authority shall file with the governor a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other actions as it deems necessary in order to carry out the purposes of NRS 315.960 to 315.996, inclusive.
Sec. 79. NRS 315.980 is hereby amended to read as follows:
315.980 Each commissioner is entitled to receive compensation of $60 per day for attendance at meetings of the authority . [and the per diem expense allowance and travel expenses as provided by NRS 281.160.]
Sec. 80. NRS 321.010 is hereby amended to read as follows:
321.010 1. For the purpose of selecting and disposing of the lands [that have been or may hereafter be] granted by the United States to the State of Nevada, including the 16th and 36th sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a state land office is hereby created.
2. The administrator as executive head of the division of state lands is the ex officio state land registrar.
3. The state land registrar may [, pursuant to chapter 284 of NRS,] appoint one deputy state land registrar and such technical, clerical and operational staff as the execution of his duties and the operation of the state land office may require.
Sec. 81. NRS 321.5967 is hereby amended to read as follows:
321.5967 1. There is hereby created a board of review composed of the:
(a) Director of the state department of conservation and natural resources;
(b) Administrator of the division of environmental protection of the state department of conservation and natural resources;
(c) Executive director of the department of minerals;
(d) Administrator of the division of state parks of the state department of conservation and natural resources;
κ1985 Statutes of Nevada, Page 415 (CHAPTER 114, AB 57)κ
(e) State engineer;
(f) State forester firewarden;
(g) Chairman of the state environmental commission;
(h) Executive director of the state department of agriculture;
(i) The chairman of the board of wildlife commissioners; and
(j) Administrator of the division of historic preservation and archeology of the state department of conservation and natural resources.
2. The chairman of the state environmental commission shall serve as chairman of the board.
3. The board shall meet at such times and places as are specified by a call of the chairman. Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.
4. Except as provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission and the chairman of the board of wildlife commissioners are entitled to receive a salary of $60 for each days attendance at a meeting of the board . [and the travel expenses and subsistence allowances provided by law for state officers.]
5. The board:
(a) Shall review and approve or disapprove all regulations proposed by the state land registrar under NRS 321.597.
(b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.
(c) Shall review any plan or statement of policy concerning the use of lands in Nevada under federal management which is submitted by the state land use planning agency.
Sec. 82. NRS 331.165 is hereby amended to read as follows:
331.165 1. The Marlette Lake water system advisory committee is hereby created to be composed of:
(a) One member appointed by the board of wildlife commissioners.
(b) One member appointed by the state park advisory commission.
(c) Two members from the state legislature appointed by the legislative commission.
(d) One member from the staff of the legislative counsel bureau appointed by the legislative commission.
(e) One member appointed by the state forester firewarden.
(f) One member appointed by the department of general services.
2. Members of the advisory committee serve at the pleasure of their respective appointing authorities . [and are entitled to receive necessary per diem allowances and travel expenses in the amounts specified by law.]
3. The advisory committee may make recommendations to the legislative commission, the interim finance committee, the department of administration, the state department of conservation and natural resources and the governor concerning any matters relating to the Marlette Lake water system or any part thereof.
κ1985 Statutes of Nevada, Page 416 (CHAPTER 114, AB 57)κ
Sec. 83. NRS 361.375 is hereby amended to read as follows:
361.375 1. The state board of equalization, consisting of five members appointed by the governor, is hereby created. The governor shall designate one of the members to serve as chairman of the board.
2. The governor shall appoint:
(a) One member who is a certified public accountant or a registered public accountant.
(b) One member who is a property appraiser with a professional designation.
(c) One member who is versed in the valuation of centrally assessed properties.
(d) Two members who are versed in business generally.
3. Only three of the members may be of the same political party and no more than two may be from the same county.
4. An elected public officer or his deputy, employee or any person appointed by him to serve in another position [shall] must not be appointed to serve as a member of the state board of equalization.
5. After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms. No member may serve more than two full terms consecutively.
6. Any member of the board may be removed by the governor if, in his opinion, that member is guilty of malfeasance in office or neglect of duty.
7. Each board member is entitled to receive as compensation $60 for each day actually employed on the work of the board. [The board members are entitled to receive the per diem allowance and travel expenses provided for state officers and employees.]
8. A majority of the members of the board constitutes a quorum, and a majority of the board shall determine the action of the board. The board may adopt regulations governing the conduct of its business.
9. The staff of the state board of equalization must be provided by the department and the executive director is the secretary of the board.
Sec. 84. NRS 365.120 is hereby amended to read as follows:
365.120 The department may appoint auditors, accountants, inspectors, clerks and such other assistants or agents as it may deem necessary to enforce its powers and perform its duties under this chapter. [Such employees shall be in the classified service of the State of Nevada and shall be appointed pursuant to the provisions of chapter 284 of NRS.]
Sec. 85. NRS 366.120 is hereby amended to read as follows:
366.120 The department may employ such accountants, auditors, investigators, assistants and clerks [, pursuant to the provisions of chapter 284 of NRS,] as it may deem necessary for the efficient administration of this chapter.
Sec. 86. NRS 378.010 is hereby amended to read as follows:
378.010 The state librarian : [shall:
1. Be]
κ1985 Statutes of Nevada, Page 417 (CHAPTER 114, AB 57)κ
1. Is appointed by and [be] responsible to the governor, and he [shall serve] serves at the pleasure of the governor.
2. [Be] Must be appointed on the basis of merit . [under the provisions of chapter 284 of NRS.
3. Be]
3. Is in the classified service, except for the purposes of removal.
Sec. 87. NRS 380A.071 is hereby amended to read as follows:
380A.071 1. The council may meet regularly at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.
2. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council . [and the per diem allowance and travel expenses provided by law.]
3. Payments must be made upon itemized and verified claims approved by the state librarian from money appropriated to the Nevada state library.
Sec. 88. NRS 381.002 is hereby amended to read as follows:
381.002 1. The joint board of museums and history, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint as members of the joint board:
(a) Five persons who are members of the Nevada state museum; one of whom must be familiar with the Lost City museum;
(b) Five persons who are members of the Nevada historical society; and
(c) One other person.
3. The governor shall designate the chairman of the joint board from among its members.
4. The joint board may meet regularly at least quarterly and may meet at other times upon the call of its chairman. [For attendance at meetings of the joint board, its members are entitled to receive the travel expenses and subsistence allowances as provided for state officers and employees.]
5. The joint board shall establish nonadministrative policies for the department of museums and history, the Nevada state museum and the Nevada historical society.
Sec. 89. NRS 381.005 is hereby amended to read as follows:
381.005 1. The administrator of the department of museums and history is appointed by the governor and serves at his pleasure. The governor shall consult with the joint board of museums and history before making the appointment.
2. To be qualified for appointment, the administrator must have training and experience in public administration.
3. The administrator is in the unclassified service of the state. [He is entitled to receive an annual salary in an amount determined pursuant to the provisions of chapter 284 of NRS and the travel expenses and subsistence allowances fixed by law for state officers and employees.]
κ1985 Statutes of Nevada, Page 418 (CHAPTER 114, AB 57)κ
4. The administrator shall not engage in any other gainful employment or occupation.
5. The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 90. NRS 383.031 is hereby amended to read as follows:
383.031 The administrator of the division:
1. [Shall] Must be selected with special reference to his training, experience, capacity and interest in historic preservation or archeology, or both.
2. [Is entitled to the subsistence allowance and travel expenses provided by law.
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. 91. NRS 383.061 is hereby amended to read as follows:
383.061 [1.] The advisory board may adopt such regulations as are necessary for its own governance.
[2. While engaged in official business of the board, each member is entitled to the subsistence allowance and travel expenses provided by law.]
Sec. 92. NRS 384.050 is hereby amended to read as follows:
384.050 1. The governor shall appoint:
(a) One member who is a county commissioner of Storey County.
(b) One member who is a county commissioner of Lyon County.
(c) One member who is the administrator or an employee of the division of historic preservation and archeology of the state department of conservation and natural resources.
(d) Two members who are persons licensed to practice architecture in this state.
(e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.
2. The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are elected and qualified.
3. Each member of the commission is entitled to receive a salary of $60 for each days attendance at a meeting of the commission . [and the per diem allowance and travel expenses provided by law.]
Sec. 93. NRS 385.050 is hereby amended to read as follows:
385.050 1. Each member of the state board of education is entitled to receive [:
(a) Compensation] compensation of not more than $60 per day for attending each meeting of the board, not to exceed 12 meetings in any calendar year . [; and
(b) His traveling and subsistence expenses as provided by law while attending meetings of the board.]
κ1985 Statutes of Nevada, Page 419 (CHAPTER 114, AB 57)κ
2. Claims for compensation and expenses must be approved by the superintendent of public instruction and the state board of examiners, and must be paid from money provided by direct legislative appropriation from the state general fund as other claims against the state are paid.
Sec. 94. NRS 385.170 is hereby amended to read as follows:
385.170 [The superintendent of public instruction is entitled to receive 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. 95. NRS 385.320 is hereby amended to read as follows:
385.320 The deputy superintendent of public instruction and the associate superintendent for administration:
1. Are in the unclassified service of the state.
2. [Are entitled to receive subsistence and travel expenses as provided by law.
3.] 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. 96. NRS 394.383 is hereby amended to read as follows:
394.383 1. The commission on postsecondary education, consisting of seven members appointed by the governor, is hereby created.
2. The members of the commission are entitled to receive a salary of $60 for each days attendance at a meeting of the commission . [and the per diem allowances and travel expenses provided by law.]
Sec. 97. NRS 397.030 is hereby amended to read as follows:
397.030 1. In furtherance of the provisions contained in the compact, there must be three commissioners from the State of Nevada, appointed by the governor.
2. The qualifications and terms of the commissioners must be in accordance with Article 4 of the compact. A commissioner shall hold office until his successor is appointed and qualified but the successors term expires 4 years from the legal date of expiration of the term of his predecessor.
3. Any commissioner may be removed from office by the governor upon charges and after a hearing.
4. The term of any commissioner who ceases to hold the required qualifications terminates when a successor is appointed.
[5. Each commissioner is entitled to receive the travel expenses and per diem allowances provided by law incurred in the performance of his official duties in behalf of the commission.]
Sec. 98. NRS 407.025 is hereby amended to read as follows:
407.025 While engaged in the official business of the division, the members of the commission are entitled to receive a salary of $60 for each days attendance at a meeting of the commission . [and the per diem allowance and travel expenses provided by law.]
κ1985 Statutes of Nevada, Page 420 (CHAPTER 114, AB 57)κ
Sec. 99. NRS 407.045 is hereby amended to read as follows:
407.045 1. The salary of the administrator may be apportioned and paid from any money available to the division, unless otherwise provided by law.
2. [The administrator is entitled to receive the per diem expense allowance and travel expenses provided by law.
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. 100. NRS 407.047 is hereby amended to read as follows:
407.047 1. As the executive head of the division, the administrator, subject to administrative supervision by the director, shall direct and supervise all administrative, fiscal, budget and technical activities of the division, and all programs administered by the division as provided by law.
2. The administrator may organize the division into various sections and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The administrator shall:
(a) Coordinate the activities of the various sections of the division.
(b) Report to the director upon all matters pertaining to the administration of his office.
(c) Submit a biennial report to the director on the work of the division, with recommendations that he may deem necessary.
(d) [Pursuant to the provisions of chapter 284 of NRS, appoint] Appoint such technical, clerical and operational staff as the execution of his duties and the operation of the division may require.
Sec. 101. NRS 408.175 is hereby amended to read as follows:
408.175 1. [Subject to the provisions of chapter 284 of NRS, the] The director shall:
(a) Appoint one deputy director who in the absence, inability or failure of the director has full authority to perform any duty required or permitted by law to be performed by the director.
(b) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.
2. The deputy 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. 102. NRS 412.046 is hereby amended to read as follows:
412.046 [1. The adjutant general is entitled to be reimbursed for his actual and necessary traveling expenses as provided by NRS 281.160.
2.] The adjutant general shall not hold any city, county, state or federal office of profit while serving as adjutant general.
κ1985 Statutes of Nevada, Page 421 (CHAPTER 114, AB 57)κ
Sec. 103. NRS 412.048 is hereby amended to read as follows:
412.048 The adjutant general shall [be] serve as the chief of staff to the governor, the director of the department of the military and the commander of the Nevada National Guard, and [shall:
1. Be] :
1. Is responsible, under the direction of the governor, for the supervision of all matters pertaining to the administration, discipline, mobilization, organization and training of the Nevada National Guard, Nevada National Guard Reserve and volunteer organizations licensed by the governor.
2. [Perform] Shall perform all duties required of him by the laws of the United States and of the State of Nevada, and the regulations issued thereunder.
3. [Employ] Shall employ such deputies, assistants and other personnel as he deems necessary to assist him in the performance of those duties required of him as director of the department. He may, in his discretion, so employ either members of the Nevada National Guard or civilian personnel. [All deputies, assistants and other personnel shall be appointed in accordance with the provisions of chapter 284 of NRS and their duties shall be prescribed by department regulations.] The duties of all deputies, assistants and other personnel appointed must be prescribed by department regulations. All such employees [shall be] are in the unclassified service except civilian clerical and [custodian] custodial employees . [, who shall be in the classified service.]
Sec. 104. NRS 422.130 is hereby amended to read as follows:
422.130 For each days attendance at each meeting of the board, each member of the board is entitled to receive a salary of $60 per day . [and the per diem expense allowance and travel expenses as fixed by law.]
Sec. 105. NRS 422.153 is hereby amended to read as follows:
422.153 1. The medical care advisory group [shall consist] consists of a chairman, an executive committee and six standing committees.
2. The chief of the medical care section of the welfare division or other person designated by the state welfare administrator to perform an equivalent function shall serve as secretary for the group and for each of the committees.
3. The chairman of the medical advisory group and the members of the committees [shall] must be appointed by the director and shall serve for a term of 1 year.
4. Members shall serve without compensation . [, but are entitled to the subsistence allowances and travel expenses provided by law while attending meetings.]
Sec. 106. NRS 422.200 is hereby amended to read as follows:
422.200 The administrator [shall have the following powers and duties:
1. To be] :
κ1985 Statutes of Nevada, Page 422 (CHAPTER 114, AB 57)κ
1. Is responsible for and [to] shall supervise the fiscal affairs and responsibilities of the welfare division, subject to administrative supervision by the director.
2. [To] Shall present the biennial budget of the welfare division to the legislature in conjunction with the budget division of the department of administration.
3. [To] Shall allocate, with the approval of the state welfare board, in the interest of efficiency and economy, the states appropriation for administration of the separate programs for which the welfare division is responsible, subject to administrative supervision by the director.
[4. To provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within city limits of any town or municipality within the State of Nevada, at the rate provided for in NRS 281.160 if traveled by the workers private conveyance.]
Sec. 107. NRS 422.210 is hereby amended to read as follows:
422.210 The administrator [shall have the following powers and duties:
1. To] :
1. May establish, consolidate and abolish sections within the welfare division.
2. [To] Shall organize the welfare division so as to comply with the requirements of this chapter and with the standards required by federal legislation, subject to approval by the director.
3. [To] Shall appoint the heads of the sections of the welfare division.
4. [To] May employ such assistants and employees as may be necessary to the efficient operation of the welfare division . [in accordance with the provisions of chapter 284 of NRS.
5. To]
5. Shall set standards of service.
Sec. 108. NRS 423.090 is hereby amended to read as follows:
423.090 1. [Subject to the provisions of chapter 284 of NRS, the] The superintendents shall employ all persons necessary to conduct the affairs of their respective childrens homes.
2. 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. 109. NRS 427A.036 is hereby amended to read as follows:
427A.036 1. Each voting member of the commission is entitled to receive a salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
2. [Each member of the commission is entitled to receive the per diem expense allowance and travel expenses as fixed by law while engaged in the business of the commission.
3.] The commission may expend in accordance with law all money made available for its use.
κ1985 Statutes of Nevada, Page 423 (CHAPTER 114, AB 57)κ
Sec. 110. NRS 432A.075 is hereby amended to read as follows:
432A.075 1. The board may meet regularly at least four times a year and may meet at such other times as the board deems necessary.
2. Each member of the board is entitled to receive [:
(a) A] a salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
[(b) The per diem expense allowance and travel expenses as provided by law for state officers.]
Sec. 111. NRS 433.254 is hereby amended to read as follows:
433.254 1. The administrator shall:
(a) Serve as the executive officer of the division;
(b) Make an annual report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe; and
(c) Employ, within the limits of available money , [and in accordance with the provisions of chapter 284 of NRS,] the assistants and employees necessary to the efficient operation of the division.
2. The administrator shall appoint the administrative personnel necessary to operate the state mental hygiene and mental retardation programs, including an associate administrator for mental retardation. He shall delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of division facilities. [All appointments by administrative officers must be made in accordance with the provisions of chapter 284 of NRS.]
3. If the administrator finds that it is necessary or desirable that any employee reside at a division facility or receive meals at a division facility, perquisites granted or charges for services rendered to that person are at the discretion of the governor.
4. The administrator may accept persons referred to the division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
Sec. 112. NRS 433.304 is hereby amended to read as follows:
433.304 1. The members of the board may meet at such times and places as are necessary and board meetings may be held regularly at least quarterly. The board shall keep minutes of the transactions of each board meeting, which are public records and must be filed with the division.
2. For each days attendance at a meeting of the board, the members are entitled to receive a salary of $60 . [and the per diem expense allowances and travel expenses as fixed by law.]
3. A majority of the members of the board constitutes a quorum, and a quorum may exercise all powers of the board.
4. The board shall prescribe regulations for its own management.
Sec. 113. NRS 433A.040 is hereby amended to read as follows:
433A.040 [1.] An administrative officer shall devote his entire time to the duties of his position and shall have no other gainful employment or occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for the seminars, consultations and lectures.
κ1985 Statutes of Nevada, Page 424 (CHAPTER 114, AB 57)κ
employment or occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for the seminars, consultations and lectures.
[2. Except as otherwise provided by law, his only compensation shall be an annual salary in an amount determined by the provisions of chapter 284 of NRS.]
Sec. 114. NRS 433A.250 is hereby amended to read as follows:
433A.250 1. The administrator shall establish such evaluation teams as are necessary to aid the courts under NRS 433A.240 and 433A.310.
2. Each team must be composed of a psychiatrist and other persons professionally qualified in the field of psychiatric mental health who are representative of the division, selected from personnel in the division.
3. [When performing as members of the team under NRS 433A.240 and 433A.310, those persons are entitled to receive the per diem expense allowance and travel expenses provided by law.] Fees for the evaluations must be established and collected as set forth in NRS 433.414.
Sec. 115. NRS 439.080 is hereby amended to read as follows:
439.080 Each appointive member of the state board of health is entitled to receive the sum of $60 per day while attending meetings of the board . [, together with traveling expenses and subsistence allowances pursuant to the provisions of NRS 281.160 while engaged in the performance of his official duties.]
Sec. 116. NRS 439.140 is hereby amended to read as follows:
439.140 1. [Subject to the provisions of chapter 284 of NRS and with] With the approval of the director, the administrator shall appoint and may remove subordinate officers and employees of the health division.
2. For the purpose of insuring the impartial selection of personnel on the basis of merit, the administrator may fill all positions in the health division, with the exception of the positions of state health officer and professional persons employed for part-time duties, from the classified service of the state . [as provided in chapter 284 of NRS.]
Sec. 117. NRS 443.075 is hereby amended to read as follows:
443.075 [Subject to the provisions of chapter 284 of NRS, the] The health division shall employ a supervisor who shall administer the program to control tuberculosis which is hereby established.
Sec. 118. NRS 443.095 is hereby amended to read as follows:
443.095 1. [Subject to the provisions of chapter 284 of NRS, the] The health division may employ, to assist the supervisor, necessary professional and clerical personnel.
2. The health division may contract for the part-time services of professional personnel to assist the supervisor in carrying out the provisions of NRS 443.065 to 443.135, inclusive.
Sec. 119. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state environmental commission is hereby created in the state department of conservation and natural resources.
κ1985 Statutes of Nevada, Page 425 (CHAPTER 114, AB 57)κ
in the state department of conservation and natural resources. The commission consists of:
(a) The director of the department of wildlife;
(b) The state forester firewarden;
(c) The state engineer;
(d) The executive director of the state department of agriculture;
(e) The executive director of the department of minerals;
(f) A member of the state board of health to be designated by that board; and
(g) Four members appointed by the governor one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS.
2. The governor shall appoint the chairman of the commission from among the members.
3. A majority of the members constitutes a quorum and a majority of those present must concur in any decision.
4. Each member who is appointed by the governor is entitled to receive a salary of $60 for each days attendance at a meeting of the commission . [and the travel expenses and subsistence allowances as provided by law.]
5. Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
6. The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.
Sec. 120. NRS 453.750 is hereby amended to read as follows:
453.750 1. The board of review for patients, consisting of three members who are physicians licensed to practice in this state, is hereby created.
2. The state board of health shall appoint:
(a) One member who has been certified by the American Board of Ophthalmology.
(b) One member who has been certified by the American Board of Internal Medicine both regularly and in the subspecialty of medical oncology.
κ1985 Statutes of Nevada, Page 426 (CHAPTER 114, AB 57)κ
(c) One member who has been certified by the American Board of Psychiatry and Neurology.
3. Each member of the board is entitled to receive $60 for each days attendance at a meeting of the board . [and the per diem allowances and travel expenses provided by law.]
Sec. 121. NRS 458.040 is hereby amended to read as follows:
458.040 The chief [shall be:
1. Appointed] :
1. Must be appointed on the basis of his education, training and experience as an administrator and his interest in the problems of alcohol and drug abuse.
2. [In] 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 the chief shall be in the classified service of the state pursuant to the provisions of such chapter.
3. Allowed the per diem expense allowances and travel expense provided by law.]
Sec. 122. NRS 458.043 is hereby amended to read as follows:
458.043 As executive head of the bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by this chapter, subject to administrative supervision by the administrator of the rehabilitation division of the department.
2. [Pursuant to the provisions of chapter 284 of NRS and subject] Subject to the approval of the administrator of the rehabilitation division of the department, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.
Sec. 123. NRS 463.3125 is hereby amended to read as follows:
463.3125 1. [Prior to] Before a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized [by NRS 281.160] for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpenaed. The commission may award as costs the amount of all such expenses to the prevailing party.
2. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
κ1985 Statutes of Nevada, Page 427 (CHAPTER 114, AB 57)κ
Sec. 124. NRS 463A.100 is hereby amended to read as follows:
463A.100 1. [Prior to] Before a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized [by NRS 281.160] for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses [shall] must be paid by the party at whose request the witness is subpenaed. The commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.
2. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
3. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use [such] an affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant his right to cross-examine [such] the affiant is waived and the affidavit, if introduced in evidence, [shall] must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but [shall] must be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) [shall] must be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the............day of...................,19....... (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
.......................................................
(Party or Counsel)
.......................................................
(Address)
κ1985 Statutes of Nevada, Page 428 (CHAPTER 114, AB 57)κ
Sec. 125. NRS 466.050 is hereby amended to read as follows:
466.050 The commission shall meet at such time and places within the State of Nevada as the commission determines. The members of the commission are entitled to receive as compensation $40 for each day actually employed on the work of the commission . [, in addition to the travel expenses and per diem expense allowance as provided by law.] A majority of the members of the commission constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.
Sec. 126. NRS 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission, when authorized by the chairman, are entitled to receive as compensation $60 for each full-day meeting of the commission.
2. The executive secretary of the commission is in the unclassified service of the state. 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 is entitled to receive for the performance of his duties a fee approved by the commission.
4. All travel expenses and subsistence allowances of the members of the commission, its inspectors and its executive secretary must be authorized by the chairman.
Sec. 127. NRS 467.060 is hereby amended to read as follows:
467.060 Members of the commission, its inspectors and its executive secretary [, when authorized by the chairman,] are entitled to receive traveling expenses and subsistence allowances while engaged in the transaction of business [in the amount provided by law for other state officers and employees.] only if authorized by the chairman.
Sec. 128. NRS 472.030 is hereby amended to read as follows:
472.030 1. The state board of forestry and fire control, consisting of seven members appointed by the governor, is hereby created in the division of forestry of the state department of conservation and natural resources.
2. The governor shall appoint:
(a) One member from the Nevada Woolgrowers Association;
(b) One member from the Nevada State Cattlemens Association;
(c) One member who is a representative of the agricultural industry;
(d) One member who is an active participant in outdoor activities connected with fish and wildlife;
(e) One member who is a representative of the lumber and forest products industry;
(f) One member who is a representative of the general public; and
(g) One member who is a representative of the fire services.
κ1985 Statutes of Nevada, Page 429 (CHAPTER 114, AB 57)κ
3. The board shall select a chairman from among its members to serve for 1 year. The state forester firewarden shall serve as the secretary of the board.
4. The board may meet regularly twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary at any convenient place in the state, and may meet at other times upon the call of the secretary.
5. The members of the board are entitled to receive a salary of $60 for each days attendance at a meeting of the board . [and the per diem allowance and travel expenses provided by law.]
6. The board shall advise the director of the state department of conservation and natural resources on matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden must be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.
Sec. 129. NRS 477.013 is hereby amended to read as follows:
477.013 1. The state fire marshal may appoint, within the limits of legislative appropriations, an assistant, deputies and such staff as is necessary to the performance of his duties.
2. The assistant, deputies and additional personnel appointed by the state fire marshal are in the classified service of the state . [in accordance with the provisions of chapter 284 of NRS.]
Sec. 130. NRS 477.020 is hereby amended to read as follows:
477.020 1. The state board of fire services, consisting of seven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) A chief of a volunteer fire department;
(c) A chief of a full-time, paid fire department;
(d) A professional engineer;
(e) The state forester firewarden;
(f) A training officer of a volunteer fire department; and
(g) A training officer of a partially or fully paid fire department,
to the board.
No member other than the state forester firewarden may serve for more than two consecutive terms.
3. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.
4. The board may meet regularly at least twice each year or on the call of the chairman, the secretary or any three members.
5. The members of the board, except the state forester firewarden, are entitled to receive a salary of $60 for each days attendance at a meeting of the board . [and all members are entitled to the per diem allowances and travel expenses provided by law.]
κ1985 Statutes of Nevada, Page 430 (CHAPTER 114, AB 57)κ
6. The board shall make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of firefighting and fire protection. When requested to do so by the director of the department of commerce, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.
7. The board shall advise the state fire marshal on matters relating to the training of firemen.
Sec. 131. NRS 477.180 is hereby amended to read as follows:
477.180 1. The board of fire safety, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) Three chiefs of or fire marshals from local fire departments, at least one of whom must be from a fire department in a county having a population of less than 100,000;
(c) A building official of a local government which is or is within each county having a population of 100,000 or more;
(d) A licensed general contractor;
(e) A professional engineer;
(f) Two representatives of gaming and lodging enterprises; and
(g) The state fire marshal,
to the board.
3. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as secretary of the board.
4. The board may meet regularly approximately once each month, at least eight times a year or on the call of the chairman, the state fire marshal or a majority of the members.
5. The members of the board, except those who are , in another capacity, public officers or employees, are entitled to receive a salary of $80 for each days attendance at a meeting of the board or a committee of the board . [and all members are entitled to the per diem allowances and travel expenses provided by law.] The state fire marshal shall provide in the budget of his office for sufficient money to pay salaries and allowances for members and other expenses of the board.
Sec. 132. NRS 481.035 is hereby amended to read as follows:
481.035 1. The director:
(a) Is appointed by the governor. He must be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration.
(b) Is entitled to hold office for a term of 4 years from and after his appointment or until his successor is appointed.
(c) Is in the unclassified service of the state.
(d) [Is entitled to receive the per diem and expense allowance and travel expenses as provided by law.
(e)] 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.
κ1985 Statutes of Nevada, Page 431 (CHAPTER 114, AB 57)κ
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 is in the unclassified service of the state. The deputy director:
(a) Is appointed by the director, and must be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration.
(b) [Is entitled to receive the per diem expense allowance and travel expenses as provided by law.
(c)] Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 133. NRS 481.047 is hereby amended to read as follows:
481.047 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.
Sec. 134. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, the bureau of enforcement.
2. The director shall appoint , within the limits of legislative appropriations, [pursuant to the provisions of chapter 284 of NRS,] investigators in the bureau of enforcement of the registration division of the department.
3. The duties of the investigators are to travel the state and:
(a) Act as investigators in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of that chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
4. The investigators have the powers of peace officers to enforce any law of the State of Nevada in carrying out their duties under this section. They are not entitled to retire under the early retirement provisions of chapter 286 of NRS applicable to police officers and firemen.
Sec. 135. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol [shall] must be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One chief.
2. Such number of inspectors and patrolmen as the director determines necessary to perform the duties set forth in NRS 481.180, [employed under the provisions of chapter 284 of NRS and] within the limits of legislative appropriations therefor.
κ1985 Statutes of Nevada, Page 432 (CHAPTER 114, AB 57)κ
3. Such additional support personnel as may be necessary, [employed under the provisions of chapter 284 of NRS and] within the limits of legislative appropriations therefor.
Sec. 136. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol [shall be composed,] must include, in addition to the personnel provided by NRS 481.140, [of] supplementary patrolmen to the extent permitted by the money available for that purpose in the special fund created by subsection 9 of NRS 482.480, but the total number of highway patrolmen may not exceed the number specified for a particular fiscal year by the legislature.
2. The director shall appoint [such] these additional patrolmen as soon after the beginning of each fiscal year as he can determine the amount of money which is available for this purpose. [Salaries, travel and subsistence payments must be as provided in NRS 481.170.]
Sec. 137. NRS 484.388 is hereby amended to read as follows:
484.388 1. There is hereby created the committee on testing for intoxication, consisting of five members.
2. The director of the department of motor vehicles or his delegate is the chairman of the committee. The remaining members of the committee are appointed by the director and serve at his pleasure. At least three of the members appointed by the director must be technically qualified in fields related to testing for intoxication. Not more than three members of the committee may be from any one county.
3. The committee shall meet at the call of the director and as frequently as the committee deems necessary. Three members of the committee constitute a quorum. If a member is unable to attend a meeting, he may be represented by an alternate approved by the director.
4. [Members of the committee are entitled to receive from the department the travel expenses permitted for state officers and employees.
5.] Any person who is aggrieved by a decision of the committee may appeal in writing to a hearing officer of the department.
Sec. 138. NRS 501.179 is hereby amended to read as follows:
501.179 1. Members of the commission are entitled to receive $60 per day while performing official duties for the commission . [, plus the per diem allowance and travel expenses provided by law.]
2. Compensation and expenses must be paid from the wildlife account within the state general fund.
Sec. 139. NRS 501.333 is hereby amended to read as follows:
501.333 1. From among three or more nominees of the commission, the governor shall appoint a director of the department, who is its chief administrative officer. The director serves at the pleasure of the governor.
2. The governor shall select as director a person having an academic degree in the management of wildlife or a closely related field, substantial experience in the management of wildlife and a demonstrated ability to administer a major public agency.
κ1985 Statutes of Nevada, Page 433 (CHAPTER 114, AB 57)κ
substantial experience in the management of wildlife and a demonstrated ability to administer a major public agency.
3. The director is in the unclassified service of the state . [pursuant to the provisions of chapter 284 of NRS.]
Sec. 140. NRS 501.337 is hereby amended to read as follows:
501.337 The director shall:
1. Carry out the policies and regulations of the commission.
2. Direct and supervise all administrative and operational activities of the department, and all programs administered by the department as provided by law. He shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.
3. Within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter [such] the organization and reassign responsibilities and duties as he may deem appropriate.
4. Appoint or remove [, pursuant to the provisions of chapter 284 of NRS,] such technical, clerical and operational staff as the execution of his duties and the operation of the department may require, and all [such] those employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The director shall designate a number of [such] employees as game wardens and provide for their training.
5. Submit technical and other reports to the commission as may be necessary or as may be requested, which will enable the commission to establish policy and regulations.
6. Approve the biennial budget of the department consistent with the provisions of this Title and chapter 488 of NRS.
7. Administer real property assigned to the department.
8. Maintain full control, by proper methods and inventories, of all personal property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.
9. Act as nonvoting secretary to the commission.
Sec. 141. NRS 512.110 is hereby amended to read as follows:
512.110 1. The administrator may employ deputy and assistant administrators to assist in the performance of his duties. All deputy and assistant administrators so employed may perform all duties required of the administrator.
2. [Deputy or assistant administrators are entitled to receive such salaries as are provided under the provisions of chapter 284 of NRS, and they are entitled to receive their traveling expenses while in the discharge of their duties.
3.] Deputy or assistant administrators, at the time of their employment, must:
(a) Have at least 7 years experience in mines, mills, beneficiation plants or smelters;
(b) Be physically fit to inspect all working places in mines; and
(c) Take initial and annual physical examinations to verify their physical fitness to perform the tasks of mine inspections or investigations.
κ1985 Statutes of Nevada, Page 434 (CHAPTER 114, AB 57)κ
Sec. 142. NRS 512.120 is hereby amended to read as follows:
512.120 The administrator may:
1. Employ necessary clerks . [within the provisions of chapter 284 of NRS.]
2. Authorize representatives to perform all duties required of him.
Sec. 143. NRS 513.033 is hereby amended to read as follows:
513.033 Each member of the commission is entitled to receive a salary of $60 for each day while engaged in the business of the commission . [and the travel expenses and subsistence allowances provided by law.]
Sec. 144. NRS 523.031 is hereby amended to read as follows:
523.031 [1.] The office of community services is hereby created. The governor shall appoint its director.
[2. The director and the employees of the office are entitled to receive the travel expenses and subsistence allowances provided by law.]
Sec. 145. NRS 527.150 is hereby amended to read as follows:
527.150 The state forester may, subject to the administrative supervision of the director of the state department of conservation and natural resources:
1. Employ personnel . [in accordance with chapter 284 of NRS.]
2. Procure necessary equipment, supplies and services.
3. Enter into contracts in the name of the state forester.
4. Designate or appoint as his representatives employees of his cooperators, including employees of the United States or any agency thereof.
5. [Prescribe] Adopt reasonable regulations for effectuating the purposes of NRS 527.130 to 527.230, inclusive.
Sec. 146. NRS 532.090 is hereby amended to read as follows:
532.090 1. [Subject to the provisions of chapter 284 of NRS, the] The state engineer may, with the consent of the director of the state department of conservation and natural resources, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the division may require.
2. Snow survey personnel appointed for the purposes of NRS 532.170 [shall be] are exempt from the provisions of chapter 284 of NRS.
Sec. 147. NRS 534.150 is hereby amended to read as follows:
534.150 1. For the purpose of examining applicants for well drillers licenses, the state engineer may appoint a well drillers advisory board referred to in this section as the board. The board may be on a regional or statewide basis.
2. In making the initial appointments, the state engineer shall appoint members to staggered terms of 1, 2 and 3 years. After the initial terms, members shall serve for 3-year terms.
3. The state engineer may fill vacancies on the board.
4. Each member of the board is entitled to receive $60 for each day and $30 for each half day spent doing the work of the board.
κ1985 Statutes of Nevada, Page 435 (CHAPTER 114, AB 57)κ
and $30 for each half day spent doing the work of the board. Any time spent by members of the board in work or travel necessary to the discharge of their duties which is less than a full day but more than a half day must be treated for compensation [purposes] as a full day. Any time less than a half day must be treated as a half day. [Each member of the board is entitled to receive the travel expenses and subsistence allowances provided by law.]
5. The purpose of the board is to determine the qualifications of an applicant as a well driller and to submit its findings to the state engineer.
6. Regulations of the board on examining applicants for well drillers licenses must be developed by the state engineer in cooperation with the board upon its creation.
7. If a hearing is held by the state engineer to determine whether a licensed well driller is complying with the law or the regulations pertaining to well drilling, the state engineer may avail himself of the services of the board in an advisory capacity.
Sec. 148. NRS 538.101 is hereby amended to read as follows:
538.101 1. While engaged in official business of the commission, each commissioner is entitled to receive $60 per day as compensation . [and the per diem expense allowance and travel expenses provided by law.]
2. The director or an employee of the commission designated by the director, shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River commission fund or any other fund administered by the commission and designated to be used for those expenses by the director.
3. The commission shall provide its members with industrial insurance through the state industrial insurance system and shall budget and pay for the premiums for that insurance.
Sec. 149. NRS 538.133 is hereby amended to read as follows:
538.133 1. The commission shall appoint a director.
2. The director is in the unclassified service of the state . [and is entitled to receive an annual salary and the per diem expense allowance and travel expenses as provided by law.]
3. 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. 150. NRS 538.137 is hereby amended to read as follows:
538.137 1. The director shall appoint a deputy director and shall designate his duties.
2. The deputy director of the commission is in the unclassified service of the state . [and is entitled to receive an annual salary and the per diem expense allowance and travel expenses as provided by law.]
3. The deputy 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.
κ1985 Statutes of Nevada, Page 436 (CHAPTER 114, AB 57)κ
Sec. 151. NRS 538.141 is hereby amended to read as follows:
538.141 The director shall employ [, pursuant to chapter 284 of NRS,] such assistants and employees as may be necessary to carry out his functions and duties. The assistants and employees have such duties as may be prescribed by the director.
Sec. 152. NRS 538.320 is hereby amended to read as follows:
538.320 [1.] Commissioners who are not in the regular employ of the State of Nevada are entitled to receive a salary of $60 per day for time actually spent on the work of the commission, [and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate,] except when a commissioner is employed by the commission to render special, technical or professional services, in which event the commissioner is entitled to receive fees and expenses commensurate with the service rendered.
[2. Commissioners who are in the regular employ of the state are not entitled to receive per diem allowances, but are entitled to receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as state employees.]
Sec. 153. NRS 538.450 is hereby amended to read as follows:
538.450 1. Commissioners who are not in the regular employ of the State of Nevada are entitled to receive a salary of $60 per day for time actually spent on the work of the commission . [, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate.
2. Commissioners who are in the regular employ of the state are not entitled to receive any per diem allowance, but are entitled to receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as state employees.
3.] 2. Claims for payment of all expenses incurred by the Columbia Basin interstate compact commission of the State of Nevada, including the salary and expenses of its commissioners, must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 154. NRS 538.560 is hereby amended to read as follows:
538.560 1. The commissioner appointed pursuant to NRS 538.550, if not in the regular employ of the state, is entitled to compensation of $60 a day for time actually spent on the work of the Columbia Compact Commission . [, and subsistence allowances and travel expenses as provided by law.]
2. If the commissioner is in the regular employ of the state, he is not entitled to additional compensation .
κ1985 Statutes of Nevada, Page 437 (CHAPTER 114, AB 57)κ
not entitled to additional compensation . [, but is entitled to subsistence allowances and travel expenses as provided by law.]
3. Claims for payment of all expenses incurred by the commissioner must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 155. NRS 538.620 is hereby amended to read as follows:
538.620 1. The Nevada members of the California-Nevada Interstate Compact Commission, designated or appointed pursuant to Article IV of the compact, if not in the regular employ of the state, are entitled to compensation of $60 a day for time actually spent on the work of the compact commission . [, and subsistence allowances and travel expenses as provided by law.]
2. The state engineer and any other Nevada commission members who are in the regular employ of the state are not entitled to additional compensation . [, but are entitled to subsistence allowances and travel expenses provided by law.]
3. Claims for payment of all such expenses incurred by the commission members must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 156. NRS 540.041 is hereby amended to read as follows:
540.041 1. The administrator [shall:
(a) Be] :
(a) Must be selected with special reference to his training, experience, capability and interest in the field of water resource planning.
(b) [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.
(c) [Coordinate] Shall coordinate the activities of the division.
2. The administrator is responsible for the administration of all provisions of law relating to the functions of the division.
3. The administrator may employ, within the limits of legislative appropriations , [and pursuant to the provisions of chapter 284 of NRS,] such staff as is necessary to the performance of his duties.
[4. The administrator and employees of the division are entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.]
Sec. 157. NRS 548.145 is hereby amended to read as follows:
548.145 1. Each member of the commission is entitled to receive a salary of $60 for each days attendance at a meeting of the commission . [and the per diem allowance and travel expense provided by law.]
2. The director of the state department of conservation and natural resources shall include in his budget the money necessary for the operating expenses of the commission.
κ1985 Statutes of Nevada, Page 438 (CHAPTER 114, AB 57)κ
Sec. 158. NRS 561.075 is hereby amended to read as follows:
561.075 While engaged in official business of the department, the members of the board are entitled to receive [:
1. Salaries] salaries not exceeding $60 per day for each member attending meetings or performing other official business, [such sums] to be apportioned and paid from any funds available to the department.
[2. The per diem expense allowance and travel expenses as provided by law.]
Sec. 159. NRS 561.135 is hereby amended to read as follows:
561.135 [1. The executive director shall receive an annual salary in the amount provided by law.
2.] The salary of the executive director may be apportioned and paid from any funds available to the department, unless otherwise provided by [law.
3. The executive director shall receive the per diem expense allowance and travel expenses as provided by law.] specific statute.
Sec. 160. NRS 561.205 is hereby amended to read as follows:
561.205 The director of the division of animal industry [shall] must be appointed on the basis of merit [under the provisions of chapter 284 of NRS, and he shall be] and is in the classified service. He [shall] must be a graduate of a veterinary school or college approved by the American Veterinary Medical Association, [with] and have at least 5 years experience in official livestock disease regulatory and control work.
Sec. 161. NRS 561.214 is hereby amended to read as follows:
561.214 The director of the division of plant industry [shall] must be appointed on the basis of merit [under the provisions of chapter 284 of NRS, and he shall be] and is in the classified service. He [shall] must be a graduate of an accredited college or university with a major in one of the agricultural sciences, and [he shall] have at least 5 years experience in official agricultural regulatory work.
Sec. 162. NRS 561.225 is hereby amended to read as follows:
561.225 1. The executive director shall appoint [, pursuant to the provisions of 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. The executive director may designate such department personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS, and while so serving [such] this person or persons [shall] have the powers of peace officers to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop the movement of livestock and carcasses for purposes of inspection. Nothing in this subsection [shall be construed to authorize] authorizes any department personnel so designated by the executive director to retire from the public employees retirement system prior to having attained the minimum service retirement age of 60 years.
κ1985 Statutes of Nevada, Page 439 (CHAPTER 114, AB 57)κ
[3. Officers and employees of the department shall receive the per diem expense allowance and travel expenses as provided by law.]
Sec. 163. NRS 562.090 is hereby amended to read as follows:
562.090 1. Each member of the board [shall receive:
(a) For] is entitled to receive for his services $500 per year or a lesser amount if and as determined by a majority of the board.
[(b) The traveling expenses and subsistence allowances provided by NRS 281.160.]
2. Salaries and compensation [shall] must be paid from the state treasury in the same manner as the salaries of state officers.
Sec. 164. NRS 563.060 is hereby amended to read as follows:
563.060 The members of the board are entitled to receive a salary of $60 for each days attendance at a meeting of the board . [and the per diem expense allowance and travel expenses as provided by law.]
Sec. 165. NRS 563.181 is hereby amended to read as follows:
563.181 1. The council shall meet at least four times per year and at the request of the chairman or a majority of the members.
2. [A member of the council is entitled to receive the travel expenses and subsistence allowances provided by law for state officers and employees while traveling on the business of the council.
3.] The council shall operate on the basis of a fiscal year beginning July 1 and ending June 30.
[4.] 3. The council shall furnish an annual report of its activities, expenditures and other financial information to the governor and to the executive director of the state department of agriculture.
Sec. 166. NRS 568.080 is hereby amended to read as follows:
568.080 The members of the state grazing boards shall serve without [remuneration for their time and services, but are entitled to the travel expenses and subsistence allowances provided for state officers and employees] salary while performing their duties as prescribed in NRS 568.010 to 568.210, inclusive.
Sec. 167. NRS 568.180 is hereby amended to read as follows:
568.180 1. Members of the central committee shall serve without remuneration for their time and services . [, but shall be entitled to reimbursement for their actual and necessary travel and subsistence expenses while serving as members of the central committee under the same terms and conditions as prescribed in NRS 568.080 in the case of members of state grazing boards.]
2. Each state grazing board [having] which has a representative [or representatives] on the central committee shall reimburse [such representative or representatives for such] him for his expenses in the same manner in which it reimburses the travel and subsistence expenses of its own members.
Sec. 168. NRS 584.445 is hereby amended to read as follows:
584.445 1. Each member of the commission is entitled to receive a salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
κ1985 Statutes of Nevada, Page 440 (CHAPTER 114, AB 57)κ
2. [Each member of the commission is entitled to receive the per diem expense allowance and travel expenses as fixed by law while engaged in the business of the commission.
3.] The commission may expend in accordance with law all money made available for its use.
Sec. 169. NRS 584.455 is hereby amended to read as follows:
584.455 1. The commission shall appoint an executive director, who shall serve ex officio as its secretary.
2. The executive director may appoint such assistants, deputies, agents, experts and other employees as are necessary for the administration of NRS 584.325 to 584.690, inclusive, prescribe their duties and fix their salaries . [in accordance with classifications made by the department of personnel.]
3. The executive director is in the unclassified service of the state. All assistants, deputies, agents, experts and other employees are in the classified service . [pursuant to the provisions of chapter 284 of NRS.]
4. The executive director may be removed by the commission.
Sec. 170. NRS 590.485 is hereby amended to read as follows:
590.485 1. The Nevada liquefied petroleum gas board, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint five members who have knowledge of the liquefied petroleum gas industry.
3. Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.
4. The members of the board are not entitled to compensation . [but may receive the subsistence allowance and travel expenses provided by law and]
5. The subsistence allowances and travel expenses of the members of the board must be paid out of the [funds] money of the board, after approval by a majority of the board.
[5.] 6. No more than three members of the board may belong to the same political party.
Sec. 171. NRS 607.030 is hereby amended to read as follows:
607.030 1. The labor commissioner is in the unclassified service of the state.
2. [He is entitled to receive the per diem expense allowance and travel expenses as provided by law.
3.] 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. 172. NRS 607.050 is hereby amended to read as follows:
607.050 1. The labor commissioner shall employ a deputy, who is in the unclassified service of the state.
2. [When travel is necessary in the performance of his official duties, the deputy is entitled to receive from the state, in addition to his salary, the mileage and expenses provided by law for state officers and employees.
κ1985 Statutes of Nevada, Page 441 (CHAPTER 114, AB 57)κ
3.] If admitted to the practice of law in the State of Nevada, the deputy has all the powers 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 those laws.
[4.] 3. The deputy shall act under the direction of the labor commissioner, and in the performance of his duties he is responsible to the labor commissioner.
[5.] 4. The deputy 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. 173. NRS 607.060 is hereby amended to read as follows:
607.060 The labor commissioner may employ [one] :
1. One chief assistant, who is in the unclassified service of the state . [, stenographic and clerical help]
2. Stenographic, clerical and statistical assistance.
Sec. 174. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the department of personnel, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may be adopted or prescribed by the executive director for the employment security department.
2. [Subject to the provisions of chapter 284 of NRS, the] The executive director shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The executive director may fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.
3. The executive director shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
4. The executive director may grant educational leave stipends to officers and employees of the employment security department if all of the cost of the educational leave stipends may be paid from federal funds.
κ1985 Statutes of Nevada, Page 442 (CHAPTER 114, AB 57)κ
Sec. 175. NRS 612.305 is hereby amended to read as follows:
612.305 1. The Nevada employment security council, consisting of nine members appointed by the governor, is hereby created to assure an impartial development of administrative policies within the employment security department.
2. The governor shall appoint members who represent an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment or affiliations, and members who are representatives of the general public.
3. The governor may remove any member of the employment security council for cause.
4. Members of the employment security council are entitled to receive $60 per day for each day of actual service . [and are entitled to receive traveling expenses and subsistence allowances as provided by law.]
5. Regular meetings of the employment security council may be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman.
6. The executive director is an ex officio member of the employment security council and is its secretary. The secretary is not entitled to compensation for his services on the employment security council, but he is entitled to be reimbursed for his necessary traveling and other expenses.
Sec. 176. NRS 612.325 is hereby amended to read as follows:
612.325 1. The board of review, consisting of three members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) One member who is a representative of labor.
(b) One member who is a representative of employers.
(c) One member who is a representative of the general public.
3. The governor may, at any time after notice and hearing, remove any member of the board of review for cause.
4. Each member is entitled to be paid from the unemployment compensation administration fund at the rate of $60 per day of active service . [, and is entitled to receive traveling expenses and subsistence allowances as provided by law.]
Sec. 177. NRS 616.1705 is hereby amended to read as follows:
616.1705 1. [When absent from home attending to their duties, the members of the board are entitled to receive their actual and necessary traveling expenses and other expenses within the limit fixed for state officers and employees.
2.] Members of the board are entitled to receive a fee of $80 per day for attendance at meetings.
[3.] 2. Fees and reimbursement for expenses must be paid from the state industrial insurance fund.
κ1985 Statutes of Nevada, Page 443 (CHAPTER 114, AB 57)κ
Sec. 178. NRS 616.1725 is hereby amended to read as follows:
616.1725 The system may:
1. Use its assets to pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, and to pay salaries, administrative and other expenses.
2. Rent, lease, buy or sell property in the name of the State of Nevada, and construct and repair buildings as necessary to provide facilities for its operations.
3. Sue and be sued in its own name.
4. Enter into contracts relating to the administration of the system.
5. Contract with physicians, surgeons, hospitals, and rehabilitation facilities for medical, surgical, and rehabilitative evaluation, treatment, care and nursing of injured persons entitled to benefits from the system.
6. Contract for the services of experts and other specialists as required by the system.
7. Provide for safety inspections and furnish advisory services to policyholders on measures to promote safety and health.
8. Act in collecting and disbursing money necessary to administer and conduct the business of the system.
9. Adopt regulations relating to the conduct of the business of the system.
10. Hire personnel to accomplish its purposes and operations.
11. Fix the salaries of all persons [employed in the classified service to administer the system] so hired in accordance with the pay plan of the state [adopted pursuant to the provisions of chapter 284 of NRS. No classified employee on the staff of the system] for the classified service. No employee so hired may be removed [in a manner contrary to the provisions of chapter 284 of NRS.] except in the manner provided for the classified service of the state.
12. Perform all the functions which are necessary or appropriate to carry out the administration of this chapter and chapter 617 of NRS.
Sec. 179. NRS 616.2531 is hereby amended to read as follows:
616.2531 1. The state industrial attorney may employ:
(a) A deputy state industrial attorney who shall be in the unclassified service of the state.
(b) Clerical and other necessary staff who shall be in the classified service of the state.
2. The deputy state industrial attorney [shall] must be an attorney licensed to practice law in this state and shall not engage in the private practice of law.
[3. The state industrial attorney and his employees are entitled to receive the travel expenses and subsistence allowances provided by law for state officers and employees.]
Sec. 180. NRS 618.255 is hereby amended to read as follows:
618.255 1. The division may employ such qualified employees as in the opinion of the administrator are necessary to enforce the provisions of this chapter.
κ1985 Statutes of Nevada, Page 444 (CHAPTER 114, AB 57)κ
in the opinion of the administrator are necessary to enforce the provisions of this chapter. [Such personnel must be employed under the provisions of chapter 284 of NRS.]
2. Any safety and health representative employed by the division must have practical experience in the field of construction, trade, craft, technical skill, profession or industry in which his services are required.
3. The administrator and other employees of the division [shall] must not be financially interested in any business interfering with, or inconsistent with, their duties. They shall give their entire time to the business of the division and shall not pursue any other business or vocation or hold any office of profit.
4. An employee of the division shall not serve on any committee of any political party.
Sec. 181. NRS 618.595 is hereby amended to read as follows:
618.595 Each member of the board is entitled to [reasonable travel expenses and subsistence allowances as provided by law, and] compensation of $60 per day or portion thereof for attendance at meetings of the board.
Sec. 182. NRS 631.180 is hereby amended to read as follows:
631.180 1. Each member of the board is entitled to receive not more than $80 per day as fixed by the board, while engaged in the business of the board . [, and the per diem allowance and travel expenses provided by law for state officers and employees.]
2. The board shall deposit in banks or savings and loan associations in this state all fees which it receives.
3. All expenses of the board must be paid from the fees received by the board, and no part thereof may be paid from the state general fund.
Sec. 183. NRS 632.080 is hereby amended to read as follows:
632.080 The compensation of the members of the board and of the advisory council on continuing education for nurses must be fixed by the board, but may not exceed $60 for each day spent by each member in the discharge of his official duties. [The members of the board and of the advisory council on continuing education for nurses are entitled to receive travel expenses and subsistence allowances in the performance of their duties as provided by NRS 281.160. All such sums must be paid pursuant to the provisions of NRS 632.090.] All compensation, subsistence allowances and travel expenses of the members must be paid out of the money of the board.
Sec. 184. NRS 633.241 is hereby amended to read as follows:
633.241 Each member of the board is entitled to receive [:
1. A] a salary of not more than $60 per day, as fixed by the board, while engaged in its business.
[2. Travel expenses and subsistence allowances in the performance of their duties in the amounts provided by law for state employees.]
Sec. 185. NRS 637.045 is hereby amended to read as follows:
637.045 [1. A] Each member of the board is entitled to receive a salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
κ1985 Statutes of Nevada, Page 445 (CHAPTER 114, AB 57)κ
[2. Traveling expenses and subsistence allowances in the amounts specified in NRS 281.160 while traveling on business of the board.]
Sec. 186. NRS 637A.090 is hereby amended to read as follows:
637A.090 1. Members of the board shall serve without compensation . [, but are entitled to the per diem allowance and traveling expenses as provided for state officers and employees.]
2. All necessary expenses incurred by the board in the performance of its duties must be evidenced on claims signed by the chairman and secretary and paid out of money received by the board from fees.
Sec. 187. NRS 637B.130 is hereby amended to read as follows:
637B.130 A member of the board is entitled to receive [:
1. A] a salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.
[2. The subsistence allowance and travel expenses provided by law.]
Sec. 188. NRS 644.070 is hereby amended to read as follows:
644.070 1. The board shall hold meetings at least four times a year for the examination of applicants for registration and for the transaction of such other business as pertains to its duties.
2. The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business at such times and places as it determines.
3. The members of the board are entitled to receive [:
(a) A] a salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
[(b) Actual expenses for subsistence and lodging and actual expenses for transportation, as provided for state officers and employees.]
4. All such compensation and expenses must be paid by the board out of the fees and receipts received by it, and no part thereof may be paid by the state.
Sec. 189. 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] :
(a) Legal counsel, investigators and other professional consultants [, and, pursuant to the provisions of chapter 284 of NRS, may employ such] without regard to the provisions of chapter 284 of NRS.
(b) Such other employees as are necessary to the discharge of its duties.
2. No employee of the real estate division may be interested in any real estate or brokerage firm, nor may any employee act as a broker or salesman or agent therefor.
Sec. 190. NRS 645.140 is hereby amended to read as follows:
645.140 1. Except as provided in this section, all fees, penalties and charges received by the division pursuant to NRS 645.660 and 645.830 must be deposited with the state treasurer for credit to the state general fund. The fees received by the division from the sale of publications must be retained by the division to pay the costs of printing and distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund.
κ1985 Statutes of Nevada, Page 446 (CHAPTER 114, AB 57)κ
distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund. Money for the support of the division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the state are paid.
2. Each member of the commission is entitled to receive [:
(a) A] a salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
[(b) The per diem allowance and travel expenses provided by law.]
Sec. 191. NRS 652.100 is hereby amended to read as follows:
652.100 1. All applications for a license or renewal thereof must be accompanied by a reasonable fee in an amount prescribed by the board. All fees must be paid to the board and must be deposited with the state treasurer for credit to the appropriate account of the state board of health.
2. Claims for per diem and travel expenses [authorized by NRS 652.170,] and for other expenses of administration of this chapter must be paid as other claims against the state are paid.
Sec. 192. NRS 652.170 is hereby amended to read as follows:
652.170 1. The board shall appoint the members of the medical laboratory advisory committee.
2. After the initial terms, members shall serve for 3-year terms.
3. A member may not serve for more than two consecutive terms. Service of 2 or more years in filling an unexpired term constitutes a term.
4. The advisory committee [shall be] is composed of:
(a) Two pathologists, certified in clinical pathology by the American Board of Pathology.
(b) Two medical technologists.
(c) One bioanalyst who is a laboratory director.
(d) One qualified biochemist from the University of Nevada.
(e) One licensed physician actively engaged in the practice of clinical medicine in this state.
5. No member of the advisory committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.
6. The state health officer or his designated representative is an ex officio member of the advisory committee.
7. Each member of the advisory committee is entitled to receive a salary of $60 for each days attendance at a meeting of the committee . [and the travel expenses and subsistence allowances provided by law while engaged in the performance of his official duties.]
Sec. 193. NRS 656.070 is hereby amended to read as follows:
656.070 1. Each member of the board is entitled to receive $50 per day for the time actually spent in the performance of his duties under this chapter . [, and the per diem allowance and travel expenses provided by law for state officers and employees.]
2. The expenses of the members of the board and the expenses of the board [shall] must be paid from the fees collected under the provisions of this chapter and such expenses shall not exceed the amount so collected.
κ1985 Statutes of Nevada, Page 447 (CHAPTER 114, AB 57)κ
of this chapter and such expenses shall not exceed the amount so collected.
Sec. 194. NRS 658.055 is hereby amended to read as follows:
658.055 1. [Within the provisions of chapter 284 of NRS, the] The administrator may appoint deputy administrators of financial institutions, examiners, assistants, clerks, stenographers and other employees necessary to assist him in the performance of his duties under this Title, Title 56 of NRS or under any other law.
2. These employees [are entitled to receive such salaries as may be authorized under the provisions of chapter 284 of NRS and other statutes and] shall perform such duties as may be assigned to them by the administrator.
Sec. 195. NRS 678.290 is hereby amended to read as follows:
678.290 1. The credit union advisory council, consisting of five members appointed by the governor, is hereby created to consult with, advise and make recommendations to the administrator in all matters pertaining to credit unions.
2. The governor shall appoint members who have tested credit union experience from a list of recommended names submitted by the Nevada Credit Union League.
3. After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.
4. The chairman of the advisory council must be elected annually by and from the members thereof.
5. The meetings of the advisory council may be held at such times and places as the chairman or administrator determines and may be held regularly at least once every 6 months.
6. Council members are entitled to receive a salary of $60 for each days attendance at a meeting of the council . [and the per diem allowances and travel expenses provided for state officers and employees.]
Sec. 196. NRS 679B.080 is hereby amended to read as follows:
679B.080 1. The director shall designate an acting commissioner when the office of commissioner is vacant or when the commissioner is unable to perform his duties because of mental or physical disability.
2. The commissioner shall designate one of his deputies to serve as acting commissioner in the commissioners absence.
3. The deputies have such powers and duties as the commissioner delegates and assigns to them.
4. The deputies shall devote their full time to the division . [and they are entitled to receive the per diem allowances and travel expenses provided for other state officers and employees.]
Sec. 197. NRS 679B.090 is hereby amended to read as follows:
679B.090 1. The commissioner may employ such other technical, actuarial, rating, clerical and other assistants and examiners as he may reasonably require for execution of his duties, each of whom must be in the classified service of the state. [They are entitled to salaries, per diem expense allowances and travel expenses as fixed by law.]
κ1985 Statutes of Nevada, Page 448 (CHAPTER 114, AB 57)κ
2. The commissioner may contract for and procure services of examiners and other or additional specialized technical or professional assistance, as independent contractors or for a fee, as he may reasonably require. None of the persons providing those services or assistance on a contract or fee basis may be in the classified service of the state.
3. The commissioner shall employ or contract with a person who has knowledge and training concerning health and care facilities and the methods used to contain costs at those facilities. Under the supervision of the commissioner, this employee shall perform the commissioners duties under the provisions of NRS 449.440 to 449.530, inclusive, and any other duties concerning health and care facilities or insurance assigned to him by the commissioner.
Sec. 198. NRS 703.140 is hereby amended to read as follows:
703.140 [1. The commissioners, the deputy commissioner, the secretary, and such clerks and experts as are employed, are entitled to receive from the state their necessary expenses while traveling on the business of the commission, including the cost of lodging and subsistence.
2.] The expenditures of each commissioner and employee of the commission while traveling on its business must be sworn to by the person who incurred the expense and must be approved by the chairman of the commission.
Sec. 199. Section 8 of Assembly Bill No. 176 of this session is hereby amended to read as follows:
Sec. 8. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
κ1985 Statutes of Nevada, Page 449 (CHAPTER 114, AB 57)κ
who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by [paragraph (a) of subsection 4 of NRS 341.150,] subsection 1 of section 3 of this act, and by NRS 353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 200. Section 15 of Senate Bill No. 151 of this session is hereby amended to read as follows:
Sec. 15. NRS 380A.071 is hereby amended to read as follows:
380A.071 1. The council may meet regularly at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.
2. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council.
3. Payments must be made upon itemized and verified claims approved by the state librarian from money appropriated to the [Nevada] state library [.] and archives.
Sec. 201. Section 38 of Senate Bill No. 116 of this session is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 450 (CHAPTER 114, AB 57)κ
Sec. 38. NRS 381.002 is hereby amended to read as follows:
381.002 1. The [joint] board of museums and history, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint as members of the [joint] board:
(a) [Five persons who are members of the Nevada state museum; one of whom must be familiar with the Lost City museum;
(b) Five persons who are members of the Nevada historical society; and
(c)] Ten persons, each of whom must be a member of one of the institutions of the department who is familiar with that institution; and
(b) One other person.
3. The governor shall designate the chairman of the [joint] board from among its members.
4. The [joint board may] board shall meet regularly at least [quarterly] six times each year and may meet at other times upon the call of its chairman.
5. The [joint] board shall establish nonadministrative policies for the department . [of museums and history, the Nevada state museum and the Nevada historical society.]
Sec. 202. Section 40 of Senate Bill No. 116 of this session is hereby amended to read as follows:
Sec. 40. NRS 381.005 is hereby amended to read as follows:
381.005 1. The administrator [of the department of museums and history] is appointed by the governor and serves at his pleasure. The governor shall consult with the [joint board of museums and history] board before making the appointment.
2. To be qualified for appointment, the administrator must have training and experience in public administration.
3. The administrator is in the unclassified service of the state.
4. The administrator shall not engage in any other gainful employment or occupation.
5. The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 203. Section 4 of Assembly Bill No. 168 of this session is hereby amended to read as follows:
Sec. 4. NRS 477.180 is hereby amended to read as follows:
477.180 1. The board of fire safety, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) Three chiefs of or fire marshals from local fire departments, at least one of whom must be from a fire department in a county having a population of less than 100,000;
κ1985 Statutes of Nevada, Page 451 (CHAPTER 114, AB 57)κ
(c) A building [official] officer of a local government which is or is within each county having a population of 100,000 or more;
(d) A licensed general contractor;
(e) A professional engineer;
(f) Two representatives of gaming and lodging enterprises; and
(g) The state fire marshal,
to the board.
3. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as secretary of the board.
4. The board [may meet regularly approximately once each month, at least eight times a year or] shall meet on the call of the chairman, the state fire marshal or [a majority] at the request of any three of the members.
5. The members of the board, except those who are, in another capacity, public officers or employees, are entitled to receive a salary of $80 for each days attendance at a meeting of the board or a committee of the board. The state fire marshal shall provide in the budget of his office for sufficient money to pay salaries and allowances for members and other expenses of the board.
Sec. 204. NRS 217.080, 360.060, 378.030, 407.053, 481.170, 658.075 and 679B.070 are hereby repealed.
Sec. 205. This act becomes effective upon passage and approval.
________
Assembly Bill No. 76Committee on Judiciary
CHAPTER 115
AN ACT relating to peace officers; extending the power of arrest to a federal officer or agent and police officer employed by an Indian tribe; extending the right to carry firearms or concealed weapons while on duty; and providing other matters properly relating thereto.
[Approved April 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. An agent of the Federal Bureau of Investigation or Secret Service may, without a warrant, arrest a person:
1. For a public offense committed or attempted in his presence.
2. When a person arrested has committed a felony or gross misdemeanor, although not in his presence.
3. When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
κ1985 Statutes of Nevada, Page 452 (CHAPTER 115, AB 76)κ
4. On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.
5. When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
Sec. 3. 1. Except as otherwise provided in subsection 2, an officer or agent of the Bureau of Indian Affairs or a person employed as a police officer by an Indian tribe may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
(f) When the peace officer has probable cause to believe that the person to be arrested has committed a battery upon that persons spouse and the peace officer finds evidence of bodily harm to the spouse.
2. Such an officer or agent may make an arrest pursuant to subsection 1 only:
(a) Within the boundaries of an Indian reservation or Indian colony for an offense committed on that reservation or colony; or
(b) Outside the boundaries of an Indian reservation or Indian colony is he is in fresh pursuit of a person who is reasonably believed by him to have committed a felony within the boundaries of the reservation or colony or has committed, or attempted to commit, any criminal offense within those boundaries in the presence of the officer or agent.
For the purposes of this subsection, fresh pursuit has the meaning ascribed to it in NRS 171.156.
Sec. 4. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person [:
(1) Any explosive] any:
(1) Explosive substance, other than fixed ammunition;
(2) [Any dirk,] Dirk, dagger or dangerous knife; or
κ1985 Statutes of Nevada, Page 453 (CHAPTER 115, AB 76)κ
(3) [Any pistol,] Pistol, revolver or other firearm, or other dangerous or deadly weapon.
2. Except as provided in NRS 202.275 and 212.185, any person who violates any of the provisions of subsection 1 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
3. The provisions of subsection 1 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other [duly] appointed police officers or persons having permission from the sheriff of the county as provided in subsection 4.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Any full-time paid peace officer of any agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) Members of the Armed Forces of the United States when on duty.
4. The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which [the] a concealed weapon is to be carried, [grant permission to the applicant, authorizing a person to carry, in this state,] issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
5. For purposes of this section , switchblade knife means a spring-blade knife, snap-blade knife [,] or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle [,] or other mechanical device, or is released by any type of mechanism.
Sec. 5. NRS 202.360 is hereby amended to read as follows:
202.360 1. The terms pistol, revolver, and firearm capable of being concealed upon the person, as used in this section, apply to and include all firearms having a barrel less than 12 inches in length.
2. No person who has been convicted of a felony in the State of Nevada, or in any one of the states of the United States of America, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, may own or have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person.
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 6 years, and may be further punished by a fine of not more than $5,000.
κ1985 Statutes of Nevada, Page 454 (CHAPTER 115, AB 76)κ
nor more than 6 years, and may be further punished by a fine of not more than $5,000.
4. Nothing in this section applies to or affects:
(a) Sheriffs, constables, marshals, policemen, whether active or honorably retired, or other [duly] appointed police officers.
(b) Any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) Members of the Armed Forces of the United States when on duty.
________
Assembly Bill No. 333Committee on Government Affairs
CHAPTER 116
AN ACT relating to state printing; changing the name of the state printing and records division to the state printing and micrographics division; and providing other matters properly relating thereto.
[Approved April 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 344.015 is hereby amended to read as follows:
344.015 Division means the state printing and [records] micrographics division of the department of general services.
Sec. 2. NRS 344.021 is hereby amended to read as follows:
344.021 1. The division consists of a superintendent and the following sections:
(a) Printing section.
(b) Reproduction section.
2. The superintendent may create necessary working units within the sections of the division . [necessary working units relating but not limited to the composing room, the letterpress room, the bindery, the offset press room and the records management unit.]
Sec. 3. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and [records] micrographics division of the department of general services, the director of the legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. The supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and municipal judge in this state, one copy.
κ1985 Statutes of Nevada, Page 455 (CHAPTER 116, AB 333)κ
4. To each public library in this state, one copy.
5. To each library in the University of Nevada System, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 4. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, specifically made for such purpose, the director of the legislative counsel bureau may contract with a private printing firm for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the legislative counsel bureau if the price quoted by the firm for such services is lower than the price quoted by the superintendent of the state printing and [records] micrographics division of the department of general services. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and [shall] must be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales [shall] must be deposited by the director of the legislative counsel bureau in the legislative fund in the state treasury.
Sec. 5. NRS 2.320 is hereby amended to read as follows:
2.320 The clerk of the supreme court and the official reporter [shall be] are ex officio reporters of decisions. Whenever any case is finally determined by the supreme court, the reporters of decisions shall make a synopsis of the opinion and decision of the supreme court in [such] the case. A copy of the opinion together with the synopsis [of the same shall] must be filed by the reporters of decisions with the superintendent of the state printing and [records] micrographics division of the department of general services.
Sec. 6. NRS 2.340 is hereby amended to read as follows:
2.340 1. The superintendent of the state printing and [records] micrographics division of the department of general services shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The superintendent then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his use and the use of the justices of the supreme court. Each decision [shall] must be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after [such] the decision has been furnished to the superintendent by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published.
2. At the time of delivering the copy of any decision to the superintendent pursuant to the provisions of NRS 2.320, which [shall] must be immediately after [such] the decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt [shall] must set forth the date of delivery and the title and number of the case.
κ1985 Statutes of Nevada, Page 456 (CHAPTER 116, AB 333)κ
Sec. 7. NRS 2.380 is hereby amended to read as follows:
2.380 The superintendent of the state printing and [records] micrographics division of the department of general services shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the legislative counsel bureau a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the director of the legislative counsel bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 8. NRS 205.134 is hereby amended to read as follows:
205.134 1. A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or draft without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. The superintendent of the state printing and [records] micrographics division of the department of general services shall prepare the notice and supply copies of it on demand. The superintendent may charge a fee based on cost for each copy of the notice which is supplied.
3. Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.
Sec. 9. NRS 205.380 is hereby amended to read as follows:
205.380 1. Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
(a) If the value of the thing or labor so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
(b) If the value of the thing or labor so fraudulently obtained was less than $100, for a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
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property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,
stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of intent to defraud.
4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank, in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property, rent or labor so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. If the value of the property, rent or labor so fraudulently obtained was less than $100, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing and [records] micrographics division of the department of general services, who may charge a fee based on the cost for each copy of the notice supplied to any person.
κ1985 Statutes of Nevada, Page 458 (CHAPTER 116, AB 333)κ
Sec. 10. NRS 218.225 is hereby amended to read as follows:
218.225 1. At each regular session of the legislature, each senator and assemblyman is entitled to receive at the expense of the legislative fund from the state printing and [records] micrographics division of the department of general services the following:
(a) Not to exceed 1,000 letterheads (8½ inches x 11 inches) and 500 half size, or 500 letterheads (8½ inches x 11 inches) and 1,000 half size, or 1,500 of either variety;
(b) Not to exceed 1,000 No. 10 envelopes and 500 No. 6Ύ envelopes, or 500 No. 10 envelopes and 1,000 No. 6Ύ envelopes, or 1,500 of either variety; and
(c) No to exceed 1,000 business cards and 1,000 memorandum sheets (500 each of the small and large type or 1,000 of either type).
Selections must be made from samples submitted by the superintendent of the state printing and [records] micrographics division of the department of general services and all printing must be done in the state printing and [records] micrographics division of the department of general services.
2. All orders for the printing specified in subsection 1 [shall] must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay such claims from the legislative fund in the same manner as other claims against the state are paid.
3. A legislator may purchase from the state printing and [records] micrographics division of the department of general services official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
Sec. 11. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive.
2. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
3. The legislative counsel may deliver to the superintendent of the state printing and [records] micrographics division of the department of general services and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 12. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill or joint resolution is introduced the fiscal analysis division shall submit a copy of the note to the requester. If the requester desires to introduce the bill or joint resolution the legislative counsel shall attach a duplicate copy of the note to the bill or joint resolution and shall prepare the bill or joint resolution for introduction.
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or joint resolution the legislative counsel shall attach a duplicate copy of the note to the bill or joint resolution and shall prepare the bill or joint resolution for introduction. The original, signed copy of the note must be retained by the fiscal analysis division to be used as printers copy after the bill or joint resolution is introduced.
2. If the fiscal note is obtained after the bill or joint resolution has been introduced, the fiscal analysis division shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the state printing and [records] micrographics division of the department of general services for the purposes of printing.
3. The triplicate copy of the fiscal note must be retained by the fiscal analysis division.
4. The fiscal analysis division shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill or joint resolution has been referred.
Sec. 13. NRS 218.278 is hereby amended to read as follows:
218.278 1. The legislative counsel shall, upon receipt of bills and resolutions for prefiling, number the bills and resolutions consecutively in the same manner as during regular sessions of the legislature and [shall be] is responsible for the safekeeping of such bills and resolutions.
2. After a bill or resolution has been properly numbered the legislative counsel shall deliver a copy to the superintendent of the state printing and [records] micrographics division of the department of general services and it [shall] must be printed in the same manner as during regular sessions of the legislature. The bill or resolution [shall] must contain the introducers name, the date of the convening of the next succeeding regular session of the legislature and the standing committee to which the introducer proposes to refer the prefiled bill, except that any bill for an appropriation other than for the immediate expense of the legislature [shall] must bear a date 10 days after the convening of the session.
3. The number of copies to be printed [shall] must be determined by the legislative counsel, and the expenses of printing and mailing [shall] must be paid from the legislative fund.
4. Unless authorized by the introducer, the legislative counsel shall not release copies of a prefiled bill or resolution to other members of the legislature or to the public.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 218.290 is hereby amended to read as follows:
218.290 1. The superintendent of the state printing and [records] micrographics division of the department of general services shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the legislature as [shall be] are authorized by the secretary of the senate and the chief clerk of the assembly.
2. In printing bills and resolutions the superintendent is authorized:
(a) To set the style and form of the printing.
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(b) To correct all errors in spelling or punctuation in the copy furnished him.
(c) To supply the enacting clause if omitted.
3. No change [shall] may be made by the superintendent which [shall] in any way [vary] varies the apparent meaning of a bill or resolution.
Sec. 16. NRS 218.300 is hereby amended to read as follows:
218.300 The superintendent of the state printing and [records] micrographics division of the department of general services shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy [shall] must be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon the bound copy printed upon buff paper, so compared and certified, [shall be] is ready for third reading and final passage.
Sec. 17. NRS 218.350 is hereby amended to read as follows:
218.350 1. The legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of the state printing and [records] micrographics division of the department of general services, taking his receipt therefor. The receipt [shall] must bear the date of delivery and give the bill or resolution number.
2. The superintendent shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they [shall] must be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent, in cooperation with the legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment; and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets [shall] must be omitted, and the matter in italics [shall] must be read and interpreted as part of the enrolled bill.
4. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, [shall] must be printed on bond paper, and the superintendent shall deliver the enrolled copy of the bill or resolution to the legislative counsel.
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deliver the enrolled copy of the bill or resolution to the legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the legislative counsel shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 18. NRS 218.450 is hereby amended to read as follows:
218.450 The superintendent of the state printing and [records] micrographics division of the department of general services shall:
1. Receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of [the same] all such work and of the order in which it may be received. When the work is executed he shall deliver the finished sheets or volumes to the sergeant-at-arms of either house as the case may be, or to any person authorized to receive them.
2. Receive from the legislative counsel and print, or present the type for printing, legislative measures [prior to] before their introduction.
3. Upon the request of the director of the legislative counsel bureau, print additional copies of bills and legislative publications for mailing and distribution by the legislative counsel bureau.
4. Perform such duties in connection with the filing and distribution of bills, resolutions, daily journals and other papers as may be required by the rules or special orders of either house of the legislature.
Sec. 19. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications must be filed with the director of the legislative counsel bureau who shall request the superintendent of the state printing and [records] micrographics division of the department of general services to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The superintendent of the state printing and [records] micrographics division may print only that amount of bills and legislative publications necessary for such requests and requirements.
2. Except as otherwise provided in NRS 218.460 to 218.466, inclusive, no bill or other legislative publication may be distributed without payment therefor of a sum fixed by the director of the legislative counsel bureau.
3. Any person, office or organization, except for those for which provision is otherwise made in this section, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or of each daily history, daily journal or index.
4. The director of the legislative counsel bureau shall fix the cost of such bills and publications, including postage, and such money as may be received by him must be remitted to the legislative counsel bureau for deposit in the legislative fund. [Prior to] Before each session of the state legislature, the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.
κ1985 Statutes of Nevada, Page 462 (CHAPTER 116, AB 333)κ
state legislature, the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.
5. The costs of such distributions, including postage, must be paid from the legislative fund.
Sec. 20. NRS 218.470 is hereby amended to read as follows:
218.470 1. During each session of the legislature, the superintendent of the state printing and [records] micrographics division of the department of general services shall print daily in separate book form a sufficient number of copies of the journal of the previous days proceedings of each house to supply the members and officers of both houses. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses.
2. One copy of the daily journal of each house, upon its approval by the house, shall be authenticated as so approved by the presiding officer and the secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.
Sec. 21. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the state printing and [records] micrographics division of the department of general services, within 3 days from the time he receives each one from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The director of the legislative counsel bureau shall;
(a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.
(b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each justice of the supreme court, the attorney general, the state public defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the state, deliver to the supreme court law library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.
3. The legislative counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
κ1985 Statutes of Nevada, Page 463 (CHAPTER 116, AB 333)κ
Sec. 22. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have [the same] it printed, lithoprinted or reproduced by any other process by the state printing and [records] micrographics division of the department of general services. The legislative commission shall determine the number of copies which [shall] must be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes;
(b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and
(c) Each volume of the digest of cases decided by the Nevada supreme court.
2. Upon completion of the final printing or other reproduction the separate volumes [shall] must be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative fund.
3. A master copy of Nevada Revised Statutes [shall] must be kept in the office of the legislative counsel, and the master copy [shall] must not be removed from the office except in the custody of the legislative counsel.
Sec. 23. NRS 220.140 is hereby amended to read as follows:
220.140 The legislative counsel bureau shall reimburse the superintendent of the state printing and [records] micrographics division of the department of general services for the cost of printing or reproduction required by this chapter from the legislative fund or from legislative appropriations made for that purpose.
Sec. 24. NRS 232.170 is hereby amended to read as follows:
232.170 1. The department of general services is hereby created.
2. The department consists of a director and the following divisions:
(a) Buildings and grounds division.
(b) Purchasing division.
(c) State printing and [records] micrographics division.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
Sec. 25. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall prepare or cause the superintendent of the state printing and [records] micrographics division of the department of general services to prepare such sets of the Nevada Administrative Code and of supplementary pages as required from time to time.
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of the state printing and [records] micrographics division of the department of general services to prepare such sets of the Nevada Administrative Code and of supplementary pages as required from time to time. A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the secretary of state for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
3. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.
4. Each agency shall reimburse the legislative counsel bureau and the state printing and [records] micrographics division of the department of general services for their respective costs in preparing and keeping current that agencys portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
Sec. 26. NRS 239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use microfilm for such recording.
2. The division, in cooperation with the state printing and [records] micrographics division of the department of general services, shall provide microfilming service to any local government. The charge for the service must not exceed the actual cost.
3. If microfilming is used:
(a) The microphotographs or micronegative films must be properly indexed and placed in conveniently accessible files.
(b) Each film must be designated and numbered.
(c) Provision must be made for preserving, examining and using the films.
4. A duplicate of each such film must be made and kept safely in a separate place.
5. Duplicates of each such film must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film available for sale to the public at a price not exceeding cost.
κ1985 Statutes of Nevada, Page 465 (CHAPTER 116, AB 333)κ
Sec. 27. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records must be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system must be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, must be maintained. However, such inventories of the department of transportation, the state printing and [records] micrographics division of the department of general services and the University of Nevada System must be maintained by those agencies respectively in accordance with the uniform regulations and provided in this chapter and as may be hereafter adopted by the chief.
Sec. 28. NRS 360.110 is hereby amended to read as follows:
360.110 All forms, blanks, envelopes, letterheads, circulars and reports required by the department [shall] must be printed by the state printing and [records] micrographics division of the department of general services under the general provisions of chapter 344 of NRS.
Sec. 29. NRS 378.180 is hereby amended to read as follows:
378.180 1. Every state agency shall, upon release, deposit 12 copies of each of its state publications which was not printed by the state printing and [records] micrographics division of the department of general services with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status.
κ1985 Statutes of Nevada, Page 466 (CHAPTER 116, AB 333)κ
state printing and [records] micrographics division of the department of general services with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status.
2. For each item printed by the state printing and [records] micrographics division of the department of general services, 12 additional copies must be printed by the division, these to be collected by the state publications distribution center and distributed to public and university libraries within the state.
3. Every city, county and regional agency and every school district and special district shall, upon release, deposit with the state publications distribution center at least six copies of each of its publications and a list of its publications for a calendar year.
Sec. 30. (Deleted by amendment.)
Sec. 31. NRS 396.620 is hereby amended to read as follows:
396.620 1. Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the president of the university shall cause to be analyzed by an appropriate employee of the university any ores, minerals, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of the State of Nevada for that purpose. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada citizens. Any citizen of the state may send any such substance for analysis and have the results mailed to him within 10 working days after it has been received, if he has supplied the university with the information for its records as provided in this section. The report sent him must also contain as nearly as possible an explanation of the uses and market value of the substance.
2. For each sample sent for analysis, the university shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.
3. The university must keep a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of the minerals or other matters, stating the name and residence of the person or persons from whom received, as nearly as possible the location from which the material was taken, including the district and county, and any other relevant information. This information for the records may be required to be filed with the university before any work is done on the material sent, and the 10-day limit for reports will count from the time the information is received at the university. Forms for providing the information must be printed by the state printing and [records] micrographics division of the department of general services and distributed free.
4. A portion of the sample analyzed must be kept at the university for 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired. After that time expires, samples may be destroyed or used for any desirable purpose.
κ1985 Statutes of Nevada, Page 467 (CHAPTER 116, AB 333)κ
Sec. 32. NRS 408.230 is hereby amended to read as follows:
408.230 The superintendent of the state printing and [records] micrographics division of the department of general services shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the director. Charges and payments for these items must be made as provided in NRS 344.110.
Sec. 33. NRS 533.140 is hereby amended to read as follows:
533.140 1. As soon as practicable after the expiration of the period fixed in which proofs may be filed, the state engineer shall assemble all proofs which have been filed with him, and prepare and certify an abstract of all such proofs, which [shall] must be printed in the state printing and [records] micrographics division of the department of general services. The state engineer shall also prepare from the proofs and evidence taken or given before him, or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.
2. When the abstract of proofs and the preliminary order of determination [shall be] is completed, the state engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims [shall] must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the state engineer as to the matters contained therein.
3. A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, [shall] must be delivered by the state engineer, or sent by registered or certified mail, at least 30 days [prior to] before the first day of such period of inspection, to each person who has appeared and filed proof, as [herein provided.] provided in this section.
4. The state engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by him in accordance with this chapter.
Sec. 34. NRS 533.160 is hereby amended to read as follows:
533.160 1. As soon as practicable after the hearing of objections to the preliminary order of determination, the state engineer shall make and cause to be entered of record in his office an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, shall have the legal effect of a complaint in a civil action.
2. The order of determination [shall] must be certified by the state engineer and as many copies as required printed in the state printing and [records] micrographics division of the department of general services. A copy of the order of determination [shall] must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.
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registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.
Sec. 35. NRS 553.090 is hereby amended to read as follows:
553.090 The agricultural extension department of the public service division of the University of Nevada System annually shall prepare the information resulting from such demonstration in a form serviceable to aid and advance agricultural welfare of the state. Such number of copies thereof as may be deemed necessary, not exceeding 10,000, [shall] must be printed by the state printing and [records] micrographics division of the department of general services for free distribution.
Sec. 36. NRS 584.235 is hereby amended to read as follows:
584.235 The commissioner of food and drugs shall make uniform [rules and] regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive, and [the same shall] they must be printed in the state printing and [records] micrographics division of the department of general services and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other persons interested in [the same.] them.
Sec. 37. NRS 598.030 is hereby amended to read as follows:
598.030 1. As used in this section and in NRS 598.033 and 598.035:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any [individual] person on his premises to place or keep in full view any merchandise [such individual] the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant [shall be] is criminally or civilly liable on account of having made such a request.
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by [an individual] a person and that he can recover [such] the merchandise by taking [such individual] the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the [individual] person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant [shall] does not render [such] the merchant 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.
κ1985 Statutes of Nevada, Page 469 (CHAPTER 116, AB 333)κ
detention unless [such] the taking into custody and detention are unreasonable under all the circumstances.
4. No merchant [shall be] is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 598.030, 598.033 and 598.035.
Such notice [shall] must be prepared and copies thereof supplied on demand by the superintendent of the state printing and [records] micrographics division of the department of general services. The superintendent may charge a fee based on the cost for each copy of [such] the notice supplied to any person.
Sec. 38. NRS 607.090 is hereby amended to read as follows:
607.090 All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by the labor commissioner [shall] must be printed by the state printing and [records] micrographics division of the department of general services as required by the provisions of chapter 344 of NRS.
Sec. 39. NRS 607.100 is hereby amended to read as follows:
607.100 With the approval of the state board of examiners, the labor commissioner is authorized to compile and issue such bulletins pertaining to labor and industries of the state as he may deem necessary. When approved for printing and distribution, [such bulletins shall] the bulletins must be printed by the state printing and [records] micrographics division of the department of general services.
Sec. 40. NRS 616.215 is hereby amended to read as follows:
616.215 Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the administrator must be done by the state printing and [records] micrographics division of the department of general services.
Sec. 41. NRS 703.200 is hereby amended to read as follows:
703.200 Except in cases of emergency, all the necessary printing of the commission [shall] must be done by the state printing and [records] micrographics division of the department of general services. The superintendent of that division shall have such printing done as expeditiously as possible.
Sec. 42. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes, change any reference to the state printing and records division to read state printing and micrographics division in any section which is not amended by this act or is further amended by another act.
κ1985 Statutes of Nevada, Page 470 (CHAPTER 116, AB 333)κ
Sec. 43. Section 25 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 18Committee on Taxation
CHAPTER 117
AN ACT relating to the taxes on cigarettes; changing the basis of the tax from packages to individual cigarettes; and providing other matters properly relating thereto.
[Approved April 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 370.165 is hereby amended to read as follows:
370.165 There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada [.] at the rate of 7.5 mills per cigarette, but not less than 15 cents for each package. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of [tax] payment to each package, packet or container in which cigarettes are sold. The tax [shall] must be precollected by the wholesale or retail dealer, and [shall] must be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 2. NRS 370.165 is hereby amended to read as follows:
370.165 There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada at the rate of [7.5] 5 mills per cigarette but not less than [15] 10 cents for each package. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of payment to each package, packet or container in which cigarettes are sold. The tax must be precollected by the wholesale or retail dealer, and must be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 3. NRS 370.170 is hereby amended to read as follows:
370.170 Except as otherwise provided in this chapter, it is unlawful for any person to give, sell or offer to give or sell any cigarettes in this state unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the department [in the following denominations: On packages containing 20 cigarettes or less, 15 cents per package; and on packages containing over 20 cigarettes, 15 cents additional for each 20 cigarettes or fraction thereof contained in any such package.]
κ1985 Statutes of Nevada, Page 471 (CHAPTER 117, AB 18)κ
thereof contained in any such package.] for the amount of the tax on all of the cigarettes contained in the package or other container.
Sec. 4. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to [:
(1) Five cents per package, on packages containing 20 cigarettes or less; and
(2) Five cents additional for each 20 cigarettes or fraction thereof contained in any package containing over 20 cigarettes,] 2.5 mills per cigarette, but not less than 5 cents for each package, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental trust fund.
(d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In counties having a population of 5,000 or more:
(1) If there are no incorporated cities within the county , the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In counties having a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county , the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
κ1985 Statutes of Nevada, Page 472 (CHAPTER 117, AB 18)κ
town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 4.5. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) [From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 2.5 mills per cigarette, but not less than 5 cents for each package, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c)] Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental trust fund.
[(d)] (c) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In counties having a population of 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
κ1985 Statutes of Nevada, Page 473 (CHAPTER 117, AB 18)κ
the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In counties having a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 5. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of the use tax [must be as follows: On packages containing 20 cigarettes or less, 15 cents per package; and on packages containing over 20 cigarettes, 15 cents additional for each 20 cigarettes or fraction thereof contained in any such package.] is 7.5 mills per cigarette, but not less than 15 cents for each package.
3. The use tax does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 6. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of the use tax is [7.5] 5 mills per cigarette, but not less than [15] 10 cents for each package.
3. The use tax does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 7. Sections 14.3, 14.5 and 14.7 of chapter 604, Statutes of Nevada 1983, at pages 1948, 1949 and 1950, respectively, are hereby repealed.
Sec. 8. 1. This act becomes effective upon passage and approval to authorize the department of taxation to prepare to collect the tax at the rates authorized.
2. Sections 1, 3, 4 and 5 of this act become effective for all other purposes 90 days after passage and approval or on June 30, 1985, whichever is earlier.
κ1985 Statutes of Nevada, Page 474 (CHAPTER 117, AB 18)κ
3. Sections 2, 4.5 and 6 of this act become effective for all other purposes on July 1, 1985.
4. This section and section 7 of this act become effective for all other purposes upon passage and approval.
________
Assembly Bill No. 197Committee on Government Affairs
CHAPTER 118
AN ACT relating to Carson City; making various amendments to its charter; and providing other matters properly relating thereto.
[Approved April 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 2 thereof a new section to be designated as section 2.165, which must immediately follow section 2.160, to read as follows:
Sec. 2.165. Power of board: Regulation of hazardous material. The board may regulate or prohibit the storage within or transportation through Carson City of any explosive, combustible, toxic or other hazardous material.
Sec. 2. Section 2.010 of chapter 213, Statutes of Nevada 1969, as last amended by chapter 98, Statutes of Nevada 1977, at page 203, is hereby amended to read as follows:
Sec. 2.010 Board of supervisors: Qualifications; election; term of office . [; salary.]
1. The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.
2. The mayor [shall] must be:
(a) An actual and bona fide resident of Carson City for at least 6 months [prior to] immediately preceding his election.
(b) A qualified elector within Carson City.
3. Each supervisor [shall] must be:
(a) An actual and bona fide resident of Carson City for at least 6 months [prior to] immediately preceding his election.
(b) A qualified elector within the ward which he represents.
(c) A resident of the ward which he represents, except that changes effected in [ward] the boundaries of a ward pursuant to the provisions of section 1.060 do not affect the right of any elected supervisor to continue in office for the term for which he was elected.
4. All supervisors, including the mayor, [shall] must be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years.
κ1985 Statutes of Nevada, Page 475 (CHAPTER 118, AB 197)κ
[5. The supervisors, including the mayor, shall receive annual salaries in the amount specified in NRS 245.043.]
Sec. 3. Section 2.110 of chapter 213, Statutes of Nevada 1969, as last amended by chapter 160, Statutes of Nevada 1983, at page 367, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the board by title, after which an adequate number of copies of the proposed ordinance must be filed with the clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City at least 10 days before the adoption of the ordinance. The board shall adopt or reject the ordinance or an amendment thereto, within [30] 45 days after the date of publication.
2. At [the next] a regular meeting or adjourned meeting of the board following the proposal of an ordinance it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the clerk need be published.
4. All ordinances must be signed by the mayor, attested by the clerk and published by title, together with the names of the supervisors voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance becomes effective. The board may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher.
Sec. 4. Section 2.160 of chapter 213, Statutes of Nevada 1969, at page 298, is hereby amended to read as follows:
Sec. 2.160 Power of board: Fire protection; [regulation of explosives, inflammable materials;] fire codes and regulations. The board may:
1. Organize, regulate, maintain and disband a fire department.
2. [Regulate or prohibit the storage of any explosive, combustible or inflammable material within, or transported through, Carson City, and prescribe the distance from any residential or commercial area where they may be kept.
3.] Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
κ1985 Statutes of Nevada, Page 476 (CHAPTER 118, AB 197)κ
Sec. 5. Section 2.240 of chapter 213, Statutes of Nevada 1969, as last amended by chapter 482, Statutes of Nevada 1981, at page 969, is hereby amended to read as follows:
Sec. 2.240 Power of board: Parking meters; offstreet public parking facilities.
1. The board may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The [parking] fees to be charged for the use of the facilities for parking [facilities] regulated by parking meters must be fixed by the board. The money received as fees for parking and fines from violations of regulations of parking must be deposited in a special revenue fund separate from the general fund and may be expended only for the establishment, repair and control of parking meters, facilities for parking and any appurtenances necessary for the efficient control of traffic on public streets.
2. Except as otherwise provided by this charter, the board may acquire property within Carson City, by any lawful means, for the purpose of establishing [offstreet] facilities for public parking [facilities] for vehicles [.] off the street. The board may, in bonds issued to acquire property for this purpose, pledge the [onstreet parking revenues] revenues from fees for parking on the street or the general credit of Carson City, or both, to secure the payment of the principal and interest [thereon.] on those bonds.
Sec. 6. Section 3.010 of chapter 213, Statutes of Nevada 1969, as last amended by chapter 532, Statutes of Nevada 1971, at page 1113, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties.
1. The mayor [shall:
(a) Serve] :
(a) Shall serve as a member of the board and preside over its meetings.
(b) [Be recognized as] Is the head of the [Carson City] government of Carson City for all ceremonial purposes and [by the governor] for purposes of military law.
(c) [Perform] Shall perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.
(d) [Perform] Shall perform such other duties as may be prescribed by ordinance or by provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.
2. The mayor shall receive $600 in addition to the annual salary [as] provided in [section 2.010.] NRS 245.043.
Sec. 7. Section 3.020 of chapter 213, Statutes of Nevada 1969, at page 301, is hereby amended to read as follows:
Sec. 3.020 Manager: Appointment; duties.
1. The board may appoint a manager who [shall perform such administrative duties as the board may appoint.
κ1985 Statutes of Nevada, Page 477 (CHAPTER 118, AB 197)κ
administrative duties as the board may appoint. His] is the chief administrative officer of the city. He is responsible for carrying out the policy of the board. His duties and salary [shall] must be fixed by the board.
2. The manager may appoint such clerical and administrative assistants as he [may deem] considers necessary, subject to approval of the board.
Sec. 8. Section 3.030 of chapter 213, Statutes of Nevada 1969, as last amended by chapter 58, Statutes of Nevada 1981, at page 150, is hereby amended to read as follows:
Sec. 3.030 Clerk: Duties; salary.
1. The provisions of chapter 246 of NRS apply to the office of clerk, except that all deputy clerks other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The clerk shall:
(a) Keep the corporate seal and all books and papers belonging to Carson City.
(b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval of the journal at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.
(c) Enter [upon] in the journal the results of the vote of the board upon the passage of ordinances [,] or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
(d) Sign all warrants issued.
(e) Number and [countersign] validate all licenses issued by Carson City. All licenses must be in a form devised by the clerk and approved by the board.
(f) Act as ex officio treasurer. The provisions of chapter 249 of NRS apply to the clerk while acting in such capacity, except that all deputy treasurers other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the merit personnel system.
(g) Invest all surplus money of Carson City.
(h) Keep a record of the cash balance and reconcile it with the controllers records monthly.
(i) Perform such other duties as may be required by the board [,] or by the provisions of Nevada Revised Statutes which apply to a county clerk.
3. The clerk is entitled to an annual salary in the amount specified in NRS 245.043. The clerk shall not engage in any other business or occupation.
Sec. 9. Section 4.030 if chapter 213, Statutes of Nevada 1969, as last amended by chapter 313, Statutes of Nevada 1983, at page 756, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 478 (CHAPTER 118, AB 197)κ
Sec. 4.030 Municipal court: Judges.
1. The justice of the peace of Carson City is ex officio a judge of the municipal court of Carson City.
2. The board of supervisors may by ordinance establish a second department of the municipal court. The judge of this department must be:
(a) A resident of Carson City for a continuous 6-month period immediately preceding his election.
(b) A qualified elector.
3. The board may appoint a municipal judge for a part-time or temporary position. The board shall establish the hours of service for this position.
4. The salary of the judges of the municipal court must be fixed by the board and be paid [in equal monthly installments.] in the same manner as provided for other elected officers.
Sec. 10. Section 5.030 of chapter 213, Statutes of Nevada 1969, at page 305, is hereby amended to read as follows:
Sec. 5.030 Applicability of state election laws; elections under board control.
1. All elections which are held under this charter [shall be] are governed by the provisions of the election laws of this state, [so] as far as [such] those laws can be made applicable and are not inconsistent [herewith.] with this charter.
2. The conduct of all municipal elections [shall be] is under the control of the [board.] clerk. For the conduct of municipal elections, for the prevention of fraud in [such] those elections and for the recount of ballots in cases of doubt or fraud, the board shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 11. Section 5.070 of chapter 213, Statutes of Nevada 1969, at page 305, is hereby amended to read as follows:
Sec. 5.070 Availability of list of registered voters. If , for any purpose relating to a municipal election or to the candidates or issues involved in [such an] that election, any organization, group or person requests a list of the registered voters of Carson City, the department, office or agency which has custody of the official register of voters shall [either permit] :
1. Permit the organization, group or person to copy the voters names and addresses from the official register of voters ; or [furnish such a list.]
2. Furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.
Sec. 12. Section 1.080 of chapter 213, Statutes of Nevada 1969, as added by chapter 690, Statutes of Nevada 1979, at page 1856, is hereby repealed.
________
κ1985 Statutes of Nevada, Page 479κ
Assembly Bill No. 157Committee on Commerce
CHAPTER 119
AN ACT relating to insurance; expanding the definition of administrator; authorizing the commissioner of insurance to specify the permitted functions of an administrator; increasing the commissioners power to investigate corporate licensees; making various changes relating to licensing; and providing other matters properly relating thereto.
[Approved April 24, 1985]
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 1. Except as limited by this section, administrator means a person who [collects] :
(a) 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] including coverage or annuities provided by an employer for his employees;
(b) Administers a trust under NRS 287.010 [.] ;
(c) Administers a program of self-insurance for an employer; or
(d) Administers a program which is funded by an employer and which provides pensions, annuities, health benefits, death benefits or other similar benefits for his employees.
2. Administrator does not include:
[1.] (a) An employee authorized to act on behalf of an administrator who holds a certificate of registration from the commissioner.
[2.] (b) An employer acting on behalf of his employees or the employees of a subsidiary or affiliated concern.
[3.] (c) A labor union acting on behalf of its members.
[4.] (d) 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.
[5.] (e) A life or health insurance agent or broker licensed in this state, when his activities are limited to the sale of insurance.
[6.] (f) A creditor acting on behalf of his debtors with respect to insurance covering a debt between the creditor and debtor.
[7.] (g) 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.
[8.] (h) 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.
[9.] (i) A bank, credit union or other financial institution which is subject to supervision by federal or state banking authorities.
[10.] (j) 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.
κ1985 Statutes of Nevada, Page 480 (CHAPTER 119, AB 157)κ
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.
[11.] (k) 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.0857 is hereby amended to read as follows:
683A.0857 1. Every administrator shall file with the commissioner a bond with an authorized surety in favor of the State of Nevada, continuous in form and in an amount determined by the commissioner of not less than [$5,000 nor more than $10,000.] $50,000.
2. The [commission] commissioner shall establish schedules for the amount of the bond required, based on the amount of money received and distributed by an administrator.
3. The bond [shall] must inure to the benefit of any person damaged by any fraudulent act or conduct of the administrator and [shall] must be conditioned upon faithful accounting and application of all money coming into the administrators possession in connection with his activities as an administrator.
4. The bond remains in force until released by the commissioner or canceled by the surety. Without prejudice to any liability previously incurred, the surety may cancel the bond upon [30] 90 days advance notice to the administrator and the commissioner. An administrators certificate is automatically suspended if he does not file with the commissioner a replacement bond before the date of cancellation of the previous bond. A replacement bond must meet all requirements of this section for the initial bond.
Sec. 3. NRS 683A.086 is hereby amended to read as follows:
683A.086 1. No person may act as an administrator unless he has entered into a written agreement with an insurer, and the written agreement contains provisions to effectuate the requirements contained in NRS 683A.0867 to 683A.0883, inclusive, which apply to the duties of the administrator.
2. A copy of an agreement entered into under the provisions of this section [shall] must be retained in the records of the administrator and of the insurer for a period of 5 years after the termination of the agreement.
3. When a policy is issued to a trustee or trustees, a copy of the trust agreement and amendments [shall] must be obtained by the administrator and a copy forwarded to the insurer. Each agreement [shall] must be retained by the administrator and by the insurer for a period of 5 years after the termination of the policy.
4. The commissioner may adopt regulations which specify the functions an administrator may perform on behalf of an insurer.
Sec. 4. NRS 683A.130 is hereby amended to read as follows:
683A.130 1. For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agents, brokers or solicitors license except in compliance with this chapter.