[Rev. 2/28/2019 12:18:47 PM]
κ1977 Statutes of Nevada, Page 481 (CHAPTER 279, AB 625)κ
2. The board of hospital trustees shall fix the charges for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, of those persons able to pay for the [same,] charges, as the board may deem just and proper. The board of hospital trustees may impose an interest charge of not more than 6 percent per annum on the accounts of those persons able to pay which have been delinquent for more than 2 months after the date of the first billing. The receipts [therefor] shall be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.
3. The county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician [, surgeon] or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and followup inpatient care required for any such person as determined by the board of trustees of [such] the hospital, but the hospital shall use reasonable diligence to collect [such] the charges from the emergency patient or any other person responsible for his support. Any amount [so] collected shall be reimbursed or credited to the county.
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Senate Bill No. 422Senator Young
CHAPTER 280
AN ACT relating to actions against public officials; providing that certain public officials be defended in certain actions without reservation; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.0337 is hereby amended to read as follows:
41.0337 1. No tort action arising out of an act or omission within the scope of his public employment may be brought against any officer or employee, or former officer or employee, of the state or of any political subdivision or against any state legislator or former state legislator unless the state or appropriate political subdivision is named a party defendant under NRS 41.031.
2. The state or appropriate political subdivision shall defend any such action on behalf of the officer, employee or legislator or former officer, employee or legislator unless such person refuses legal representation offered by the state or political subdivision. If such legal representation is refused by such person, the state or political subdivision shall defend on its own behalf.
3. The state or appropriate political subdivision may not require a waiver of the attorney-client privilege as a condition of a defense pursuant to this section.
κ1977 Statutes of Nevada, Page 482 (CHAPTER 280, SB 422)κ
waiver of the attorney-client privilege as a condition of a defense pursuant to this section.
4. The state or appropriate political subdivision [shall have] has no right of contribution or indemnity against the officer, employee or legislator or former officer, employee or legislator unless it establishes that he failed to cooperate in good faith in the defense of the action or that his conduct was wanton or malicious.
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Senate Bill No. 224Senator Raggio
CHAPTER 281
AN ACT relating to executions and exemptions; providing a writ of garnishment in aid of writ of execution; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 21.120 is hereby amended to read as follows:
21.120 1. If personal property, including debts or credits due or to become due, is not in possession or control of the debtor, the sheriff, upon instructions from the creditor and without requiring an order of court, shall serve a writ of garnishment in aid of execution upon the party in whose possession or control the property is found.
2. If any property levied upon by writ of execution [be] or by writ of garnishment in aid of execution is claimed by a third person as his property, the same rules shall prevail as to the contents and making of the claim, as to the holding of the property and as to a hearing to determine title thereto, as in case of a claim after levy under writ of attachment, as provided for by law.
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Senate Bill No. 415Senator Hilbrecht
CHAPTER 282
AN ACT relating to public utility regulation; limiting certain requirements and restrictions to particular types of applications before the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.110 is hereby amended to read as follows:
704.110 1. Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, enter upon an investigation or, upon reasonable notice, enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
κ1977 Statutes of Nevada, Page 483 (CHAPTER 282, SB 415)κ
new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, enter upon an investigation or, upon reasonable notice, enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending [such] the investigation or hearing and the decision thereon, the commission, upon delivering to the utility or utilities affected thereby a statement in writing of its reasons for [such] the suspension, may suspend the operation of such schedule and defer the use of [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. Whenever there is filed with the commission any schedule stating [a new or revised] an increased individual or joint rate, fare or charge [,] for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses investments and costs of capital for its most recent 12-month period. During any hearing concerning such increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the most recent 12 consecutive months for which data are available at the time of filing, adjusted for any increased investment in facilities, certain expenses as approved by the commission and costs of new securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of the actual 12-month results of operations; but no new rates, fares or charges may be placed into effect until such changes have been experienced and certified by the utility to the commission. Within 90 days after the filing with the commission of the certification required herein, or before the expiration of any suspension period ordered herein pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to such rates, fares or charges as may be required by this chapter.
4. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
5. Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with commission regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission.
κ1977 Statutes of Nevada, Page 484 (CHAPTER 282, SB 415)κ
hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance if the public utilitys rate of return is in excess of the rate of return most recently granted the public utility.
6. Except as provided in subsection 7, whenever an application for [such] an increased rate, fare [,] or charge [,] for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another application until all pending applications for rate increases submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if [such] the other application is not permitted to be submitted sooner.
7. A public utility may not file an application to recover the increased cost of purchased fuel, purchased power or natural gas purchased for resale more often than once every 30 days.
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Assembly Bill No. 41Assemblymen Barengo, Wagner, Hickey, Mann and Schofield
CHAPTER 283
AN ACT relating to courts of justices; requiring the purchase of certain law books and the free distribution of certain others to additional courts; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 2.345 is hereby amended to read as follows:
2.345 The following persons and agencies are entitled to the supreme court decisions in pamphlet form without charge:
1. Each of the judges of the District Court of the United States, one copy.
2. The supreme court law library, two copies.
3. Each state officer, district judge, district attorney, county clerk, [and] justice of the peace and police judge in this state, one copy.
4. Each public library in this state, one copy.
5. Each newspaper published in this state, and each commercial television and radio station transmitting in this state, one copy upon [their] its annual request therefor.
Sec. 2. Chapter 220 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each board of county commissioners shall provide a complete set of Nevada Revised Statutes (excluding the annotations thereto and the digest of cases except as provided in subsection 4) for each district court or department thereof and for each justices court or department thereof regularly established in the county, and shall provide corresponding sets of replacement or supplementary pages as issued.
κ1977 Statutes of Nevada, Page 485 (CHAPTER 283, AB 41)κ
digest of cases except as provided in subsection 4) for each district court or department thereof and for each justices court or department thereof regularly established in the county, and shall provide corresponding sets of replacement or supplementary pages as issued.
2. The governing body of each city shall similarly provide for each department of its municipal court.
3. If a justice of the peace is ex officio municipal judge, the county and city shall share equally the cost for his court.
4. The board of county commissioners shall provide a set of the annotations to Nevada Revised Statutes and the digest of cases for each district court or department thereof and for the justices court in each township having a population of 50,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, and shall provide corresponding sets of replacement or supplementary pages as issued.
Sec. 3. NRS 345.010 is hereby amended to read as follows:
345.010 Upon publication of the Statutes of Nevada, 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. To the supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, county clerk, district attorney, [and] justice of the peace and police judge in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
6. Upon request, to any state, county or municipal officer.
Sec. 4. 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 division of the department of general services, [as provided in NRS 2.380,] 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, [and] justice of the peace and police judge in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
6. Upon request, to any state, county or municipal officer.
Sec. 5. NRS 345.040 is hereby amended to read as follows:
345.040 1. The legislative counsel bureau shall stamp or mark all books to be distributed, as provided by law, to supreme court justices, district judges, state and county officers, [and] justices of the peace and police judges as follows: State property, to be turned over to your successor in office.
2. Each person who receives a book so distributed shall retain such book for the use of his office and deliver all books so received to his successor in office, who shall give his receipt therefor.
κ1977 Statutes of Nevada, Page 486 (CHAPTER 283, AB 41)κ
3. The legislative counsel bureau shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in its office. Except as provided in NRS 3.160, the legislative counsel bureau shall not supply a missing or second volume other than at the price established pursuant to NRS 345.050.
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Senate Bill No. 163Senators Bryan and Neal
CHAPTER 284
AN ACT relating to guardians; creating the office of public guardian and defining its duties; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 253 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. 1. The board of county commissioners of any county may establish the office of public guardian.
2. The board of county commissioners may:
(a) Appoint the public guardian for a term of 4 years from the day of appointment; or
(b) Designate an elected or appointed county officer as ex officio public guardian.
3. The compensation of a public guardian appointed pursuant to paragraph (a) of subsection 2 shall be fixed by the board of county commissioners and paid out of the county general fund. An elected or appointed county officer designated as ex officio public guardian pursuant to paragraph (b) of subsection 2 shall receive no compensation for his services as ex officio public guardian.
Sec. 3. 1. Upon taking office, a public guardian shall file with the county clerk a general bond in an amount fixed by the board of county commissioners payable to the State of Nevada with sureties approved by the board of county commissioners. The premium for the bond shall be paid from the general funds of the county and be conditioned upon the public guardians faithful performance of his duties.
2. The general bond and oath of office of a public guardian are in lieu of the bonds and oaths required of private guardians.
Sec. 4. 1. If any vacancy occurs in the office of public guardian before the expiration of a normal term, the vacancy shall be filled promptly by the board of county commissioners.
2. The district court may designate any qualified person to serve as acting public guardian until a vacancy in such office is filled.
Sec. 5. Within the limits of appropriations for his office, a public guardian may:
κ1977 Statutes of Nevada, Page 487 (CHAPTER 284, SB 163)κ
1. Employ subordinates necessary for the proper performance of his duties.
2. Contract for the services of consultants or assistants.
Sec. 6. A public guardian shall keep financial and other appropriate records concerning all cases in which he is appointed as an individual guardian.
Sec. 7. 1. A resident of Nevada who is 60 years of age or older is eligible to have the public guardian appointed as his individual guardian if he:
(a) Has no relative or friend able and willing to serve as his guardian; or
(b) Lacks sufficient assets to provide the requisite compensation to a private guardian.
2. A person so qualified, or anyone on his behalf, may petition the district court of the county in which he resides to make the appointment.
Sec. 8. A person appointed as public guardian or designated as acting public guardian succeeds immediately to all powers and duties of the individual guardianships created by appointments of the public guardian as guardian for particular wards.
Sec. 9. A public guardian shall investigate the financial status of any person for whom the appointment of the public guardian as his guardian is requested. In connection with the investigation, the public guardian may require that person to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, needed to evaluate eligibility. The public guardian may obtain information from any public record office of the state or any of its agencies or subdivisions upon request and without payment of any fees.
Sec. 10. 1. If a public guardian is appointed as an individual guardian the costs incurred in the appointment proceedings and the administrative costs of the guardians services are not chargeable against the income or the estate of the ward unless the court determines at any time that the ward is financially able to pay all or part of the costs.
2. The financial ability of the ward to pay such costs shall be measured according to his ability to compensate a private guardian. This ability depends upon:
(a) The nature, extent and liquidity of the wards assets;
(b) His disposable net income;
(c) The nature of the guardianship;
(d) The type, duration and complexity of the services required; and
(e) Any other foreseeable expenses.
Sec. 11. The reasonable value of a public guardians services rendered without cost to a ward shall be allowed as a claim against the estate upon the death of the ward. Money received in payment of a claim against the estate of the ward shall be deposited by the public guardian to the credit of the county general fund.
Sec. 12. The court may, at any time, terminate the appointment of a public guardian as an individual guardian upon petition by the ward or any interested person or upon the courts own motion if it appears that the services of the public guardian are no longer necessary.
κ1977 Statutes of Nevada, Page 488 (CHAPTER 284, SB 163)κ
Sec. 13. NRS 160.040 is hereby amended to read as follows:
160.040 1. Except as hereinafter provided it [shall be] is unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the Veterans Administration under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in the case.
2. The limitations of this section [shall] do not apply where the guardian is a bank or trust company acting for the wards estates only.
3. An individual may be guardian of more than five wards if they are all members of the same family.
4. The limitations of this section do not apply to the Nevada commissioner for veteran affairs [.] or to a public guardian.
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Senate Bill No. 319Committee on Commerce and Labor
CHAPTER 285
AN ACT relating to savings and loan associations; making technical corrections to certain inappropriate or inaccurate terms; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 673.002 is hereby amended to read as follows:
673.002 Association means a [building and loan association or] savings and loan association subject to the provisions of this chapter.
Sec. 2. NRS 673.014 is hereby amended to read as follows:
673.014 Impaired condition means a condition in which the assets of an association do not have an aggregate value equal to the aggregate amount of liabilities of the association to its creditors, including its [members] savings depositors and all other persons.
Sec. 3. NRS 673.031 is hereby amended to read as follows:
673.031 Savings account means that part of the savings liability of the association which is credited to the account of the [investor-member] depositor thereof.
Sec. 4. NRS 673.070 is hereby amended to read as follows:
673.070 1. [Building and loan associations and savings] Savings and loan associations, [and companies and joint-stock associations and companies and other associations and companies,] except banks, trust companies, licensed brokers, small loan companies, thrift companies and credit unions, whose principal and primary business is to borrow, loan and invest money, [and which issue shares or investment certificates,] shall be incorporated under the provisions of this chapter.
κ1977 Statutes of Nevada, Page 489 (CHAPTER 285, SB 319)κ
shall be incorporated under the provisions of this chapter. For that purpose all of the provisions of chapter 78 of NRS (Private Corporations) which are not in conflict with this chapter are hereby adopted as parts of this chapter, and all the rights, privileges and powers and all the duties and obligations of such domestic corporations and of the officers and stockholders thereof shall be as provided in chapter 78 of NRS except as otherwise provided in this chapter.
2. [No] A person, firm, partnership, association or corporation except a savings and loan association incorporated under this chapter shall not conduct or carry on the business of soliciting or advertising for [the] savings [of shareholders, stockholders or investors and of loaning] deposits and loaning of such savings. This subsection [shall] does not apply to banks, trust companies, licensed brokers, thrift companies, credit unions and licensees under chapter 675 of NRS.
Sec. 5. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to [such] the articles of any such organization may be filed by the secretary of state without the written approval thereof by the commissioner.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.
4. (a) Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize such an association before taking any other action in connection therewith.
(b) Upon execution of an application for permission to organize by seven responsible citizens [(hereinafter in this section] , referred to in this section as [applicants),] applicants, the original and two copies thereof shall be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, and itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, [and shares,] statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data shall be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(1) The character and responsibility of the applicants;
(2) The need for such association in the community to be served;
(3) [Reasonable] The reasonable probability of its usefulness and success; and
(4) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
κ1977 Statutes of Nevada, Page 490 (CHAPTER 285, SB 319)κ
(c) If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, [which] and the hearing shall be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered or certified mail by the parties.
(d) The commissioner shall approve or deny the application within 90 days from the date of the conclusion of the hearing and shall give all parties written notice of his decision on or before such date.
(e) If the commissioner approves the application, he shall establish as conditions to be met prior to the issuance of a charter requirements as to:
(1) [Minimum] The minimum number of shares of permanent capital stock to be subscribed to the associations permanent capital, [at least 75 percent] of which at least 75 percent in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;
(2) [Minimum] The minimum amount of paid-in surplus;
(3) [Minimum] The minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(4) Such other requirements as he deems necessary or desirable.
Approval of an application for permission to organize an association shall not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
(f) The charter shall expire 180 days from issuance, unless, within [such] that time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The commissioner may, for good cause, extend the time of such conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
5. [No] An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation.
6. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
7. Every application for permission to organize, as provided for in this section, shall be accompanied by a fee of $500, which shall be paid into the state general fund [in the state treasury] and no part of [which] it shall be refunded.
8. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
κ1977 Statutes of Nevada, Page 491 (CHAPTER 285, SB 319)κ
connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
9. Every permission to organize issued by the commissioner shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
10. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation.
11. The removal of the home office or of any branch office of an association to any other location from its then-existing location requires prior approval of the commissioner.
[12.] An application seeking such approval must be delivered to the commissioner, together with a fee [payment] to cover expenses attendant upon the investigation required for such approval, which shall be in an amount, not less than $100 nor more than $250, to be determined by the commissioner.
12. [No] An association shall not pay any commissions or other compensation for the subscription to or sale of its stock.
Sec. 6. NRS 673.115 is hereby amended to read as follows:
673.115 1. [No] An association shall not issue or publish, or cause or permit to be issued or published, any advertisement that it is doing or is permitted to do any business which is prohibited by law to an association, or which misrepresents the nature of its [shares,] stock, investment certificates, savings deposits or the right of investors or depositors in respect thereto.
2. An association may set forth in any of its advertisements any of the purposes for which it is organized.
3. [Associations] An association shall not issue, circulate or publish any advertisement after notice in writing from the commissioner that in his opinion the advertisement is unauthorized, false, misleading or likely to deceive the public.
4. An association shall not:
(a) State in any advertisement that it is under state supervision or control.
(b) Include in any advertisement or in any instrument used by it a replica of the great seal of the State of Nevada.
(c) State or imply in any advertisement that funds may be invested with such association at any place other than the principal office or a branch of the association.
(d) Use the word deposit or deposits in any form of advertising, unless the use of such word is authorized in the advertising of a federal savings and loan association pursuant to federal law.
5. No association may offer or deliver any gift or premium to any investor or saver of an investment certificate or to any savings [member] depositor in excess of basis cost to the association of $2.50.
κ1977 Statutes of Nevada, Page 492 (CHAPTER 285, SB 319)κ
Sec. 7. NRS 673.211 is hereby amended to read as follows:
673.211 1. Any director may be removed from office, if he has become ineligible pursuant to NRS 673.209, by an affirmative vote of two-thirds of the members of the board of directors at any regular meeting of the board of directors or at any special meeting called for that purpose. Such action shall be ratified at the [next-succeeding] next meeting of the stockholders. [and members.]
2. No such vote upon removal of a director [shall] may be taken until he has been advised of the reasons therefor and has had opportunity to submit to the board of directors his statement relative thereto, either oral or written. If the director affected is present at the meeting, he shall retire after his statement has been submitted and prior to the vote upon the matter of his removal.
Sec. 8. NRS 673.2211 is hereby amended to read as follows:
673.2211 Any association director, officer or other person who knowingly and willingly participates in any violation of the laws of this state relative to savings and loan associations [shall be] is liable for all damage which the savings and loan association, its stockholders, [members] savings depositors or creditors [,] sustain in consequence of such violation. [, sustain.]
Sec. 9. NRS 673.222 is hereby amended to read as follows:
673.222 1. An association shall pay on behalf of or reimburse an officer, director or employee for the expenses of defending an action brought on behalf of the association or the savings account holders, other creditors or borrowers thereof, founded upon any act or acts performed or omitted by such person acting as such officer, director or employee under the following conditions:
(a) If the person is adjudicated to be not liable, then all reasonable expenses of such litigation shall be paid by the association.
(b) If the person is held to be liable on certain items and not liable on others, the association shall pay the proportion of the total reasonable expense of the litigation which the items on which he is held to be not liable bear to all the items alleged.
2. If, in the opinion of the association, any such person is not liable upon the substantive issues alleged, the association is authorized to compromise and settle such claim or litigation in its discretion and to pay the entire expense thereof, including [such] the compromise settlement, [provided such] if the expense is reasonable. Any action taken by the association under this subsection [shall require] requires approval by a vote of at least two-thirds of all the directors of the association (an interested director taking no part in the vote), or by a [vote of the members.] majority vote of the stockholders.
Sec. 10. NRS 673.228 is hereby amended to read as follows:
673.228 1. An association [is authorized and empowered to] may act as [:
(a) Trustee within the contemplation of subsection (d)(1) of section 2 of the Federal Self-Employed Individual Tax Retirement Act of 1962; and
(b) Custodian within the contemplation of subsection (f)(1) of the same act.] a trustee or custodian as provided by the Federal Employee Retirement Security Act of 1974, as amended or supplemented.
κ1977 Statutes of Nevada, Page 493 (CHAPTER 285, SB 319)κ
2. An association subscribing to trustee and custodial power authorized by this section shall be required to segregate all funds held in such fiduciary capacity from the general assets of the association and keep a separate set of books and records showing in proper detail all transactions engaged in under the authority of this section.
3. [Provided] If individual records are kept of each self-employed individual retirement plan, all funds held in such trust or custodial capacity by the association may be commingled for appropriate purposes of investment.
4. No funds held in such fiduciary capacity [shall] may be used by the association in the conduct of its business, although such funds [held in such fiduciary capacity] may be invested in the savings accounts of the institution if the trust or custodial retirement plan does not prohibit [such] the investment.
Sec. 11. NRS 673.2755 is hereby amended to read as follows:
673.2755 1. An association may issue investment certificates, with or without passbooks. The holders of investment certificates are not liable for debts or assessments, and are entitled upon liquidation of an association to receive payment in full before any payment or distribution is made to [shareholders or] stockholders. The holders of investment certificates have no right to participate in the profits of the association.
2. Investment certificates may be issued as full-paid investment certificates, accumulative investment certificates, minimum term investment certificates or other types of certificates approved by the commissioner.
Sec. 12. NRS 673.276 is hereby amended to read as follows:
673.276 1. An association [shall have the power to] may invest in:
(a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
(b) Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
(c) Stock of a federal home-loan bank of which it is eligible to be a member.
(d) Any obligations or consolidated obligations of any federal home-loan bank or banks.
(e) Stock or obligations of the Federal Savings and Loan Insurance Corporation.
(f) Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
(g) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.
(h) Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such corporation or agency assists in furthering or facilitating the associations purposes or powers.
(i) Savings accounts of any insured state-licensed association and of any federal savings and loan association, but each investment in any [such] other savings and loan association shall be fully insured by the Federal Savings and Loan Insurance Corporation.
(j) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
κ1977 Statutes of Nevada, Page 494 (CHAPTER 285, SB 319)κ
obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
(k) Shares and other securities of a state development corporation organized under the provisions of chapter 670 of NRS.
2. An association may invest any portion of its funds in loans [to its borrowing members] secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one nonresidential loan can be made in excess of 2 percent of the total savings accounts of the association unless approved in writing by the commissioner.
3. No association may create loans by investment in real property further than 100 miles from its home office [,] unless it has the prior, written approval of the commissioner. Such investment may include the subdivision and development of such real property principally for residential use. [No] An association shall not have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the written permission of the commissioner.
Sec. 13. NRS 673.280 is hereby amended to read as follows:
673.280 Any [building and loan association or company or] savings and loan association [or company] may invest its funds, or [moneys] money in its custody, in the bonds of the Home Owners Loan Corporation or in the bonds of any federal home-loan bank, or in consolidated federal home-loan bank bonds, debentures or notes, or in 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 [.] or supplemented, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as [now or hereafter] amended [,] or supplemented, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U.S.C. §§ 1131 to 1138e, inclusive, as [now or hereafter] amended [,] or supplemented, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as [now or hereafter] amended [.] or supplemented.
Sec. 14. NRS 673.300 is hereby amended to read as follows:
673.300 1. Any [building and loan association, company or corporation, or any] savings and loan association [, company or corporation, or any other association, company or corporation, that] which may now or hereafter be eligible to become a member of any federal home-loan bank according to the terms of the Federal Home Loan Bank Act [, being c. 522, 47 Stat. 725, as the same now exists or may be amended from time to time, which act is also designated as] of 1932, 12 U.S.C. §§ 1421 to 1449, inclusive, [is authorized and empowered:] as amended or supplemented, may:
(a) [To subscribe] Subscribe for, purchase, own and hold stock in such federal home-loan bank, and become a member thereof.
(b) [To borrow] Borrow money from any federal home-loan bank pursuant to the Federal Home Loan Bank Act, as [the same may be] amended [.]
κ1977 Statutes of Nevada, Page 495 (CHAPTER 285, SB 319)κ
pursuant to the Federal Home Loan Bank Act, as [the same may be] amended [.] or supplemented.
(c) [To invest] Invest in the bonds of any federal home-loan bank.
(d) [To give] Give its obligations and pledge securities and conform to the provisions of the Federal Home Loan Bank Act, and to the rules and regulations from time to time fixed and prescribed either by the Federal Home Loan Bank Board or the federal home-loan bank of which it is a member.
(e) [To perform] Perform any acts and execute any instruments authorized or required by the Federal Home Loan Bank Act, as amended [from time to time,] or supplemented, or by [such] rules and regulations [.] adopted pursuant to the Act.
2. All acts authorized by subsection 1 performed prior to March 18, 1935, are hereby validated and confirmed.
Sec. 15. NRS 673.310 is hereby amended to read as follows:
673.310 1. Subject to such regulations as may be prescribed by the Federal Housing Administrator or Veterans Administration, [building] savings and loan associations [are authorized:] may:
(a) [To make] Make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the Federal Housing Administrator or are guaranteed by the Veterans Administration, and to obtain such insurance.
(b) [To make] Make such loans secured by mortgage on real property as are eligible for insurance by the Federal Housing Administrator or are guaranteed by the Veterans Administration, and to obtain such insurance.
(c) [To purchase,] Purchase, invest in, and dispose of notes or bonds secured by mortgage insured by the Federal Housing Administrator or guaranteed by the Veterans Administration, securities of national mortgage associations, and debentures issued by the Veterans Administration or the Federal Housing Administrator.
2. No law of this state, nor any articles of incorporation or bylaws of any [such building] savings and loan associations [or other corporations,] prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, or prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made [shall apply] applies to loans, advances of credit or purchases made pursuant to subsection 1.
3. All loans, advances of credit, and purchases of obligations described in this section heretofore made and insured pursuant to the terms of the National Housing Act or Servicemens Readjustment Act of 1944 are hereby validated and confirmed.
Sec. 16. NRS 673.315 is hereby amended to read as follows:
673.315 Notwithstanding any other provision of law, any [building and loan association or company or] savings and loan association [or company] organized under the laws of this state, which has as one of its principal purposes the making or purchasing of loans secured by real property mortgages, is authorized to sell such mortgage loans to the Federal National Mortgage Association, a corporation chartered by an Act of Congress, or any successor thereof, and in connection therewith to make payments of any capital contributions, required pursuant to law, in the nature of subscriptions for stock of the Federal National Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.
κ1977 Statutes of Nevada, Page 496 (CHAPTER 285, SB 319)κ
Act of Congress, or any successor thereof, and in connection therewith to make payments of any capital contributions, required pursuant to law, in the nature of subscriptions for stock of the Federal National Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.
Sec. 17. NRS 673.324 is hereby amended to read as follows:
673.324 As association may make real property home loans [to eligible members] on the direct reduction plan, repayable in monthly installments, equal or unequal, sufficient to retire the debt, interest and principal within 30 years, except that this 30-year limitation [shall] does not apply to loans made by an association which are insured by the Federal Housing Administration, which are guaranteed under the provisions of the Servicemens Readjustment Act of 1944, as [heretofore, now or hereafter in force,] amended or supplemented, which are otherwise insured or guaranteed by the United States or any agency or instrumentality thereof or which have been extended in time solely as a result of variances in interest rates during the loan term, but the loan contract shall not provide for any subsequent monthly installment of an amount larger than any other previous monthly installment in excess of 50 percent. The monthly payments required shall be applied first to advances and interest on the unpaid balance of the debt and the remainder to the reduction of the debt until the [same] loan is paid in full.
Sec. 18. NRS 673.3245 is hereby amended to read as follows:
673.3245 An association may make short-term real property loans [to eligible members] under the direct reduction loan plan in accordance with NRS 673.006 and 673.324, and the initial loan contract may provide for monthly installments of an amount more than 50 percent larger than any previous monthly installment.
Sec. 19. NRS 673.326 is hereby amended to read as follows:
673.326 An association may make real property loans for the purpose of construction [to eligible members] on the straight mortgage plan without amortization of principal but with interest payable at least semiannually; but such loans may be made for an amount not in excess of 80 percent of the value of a home or combination home and business property, or 75 percent of the value of other improved real property, and for a term of not more than 18 months.
Sec. 20. NRS 673.333 is hereby amended to read as follows:
673.333 1. The apportionment of earnings or payment of interest by declaration of the board of directors shall be made semiannually on June 30 and December 31 of each year, or quarterly on such dates, plus March 31 and September 30 of each year.
2. The percentage rate of the declaration shall be determined by the board of directors as it [shall deem] deems expedient for the safety and security of all [members and investors;] savings depositors, but if such percentage rate is excessive, unjust or inequitable, it [shall be] is subject to disapproval of, and reduction by, the commissioner. However, the association may appeal any disapproval or reduction by the commissioner to the board.
3. No association [shall] may be required to pay or credit interest on accounts of $10 or less which show no entries of debit or credit for a period of 2 years, except for accumulated interest credits.
κ1977 Statutes of Nevada, Page 497 (CHAPTER 285, SB 319)κ
4. Except as otherwise provided in this chapter, interest shall be declared on the participation value of each account at the beginning of the interest period, plus payments thereon made during the interest period, less amounts withdrawn, which for interest purposes shall be deducted from the latest previous payments thereon, computed at the rate for the time invested, determined as provided in this section.
5. The date of investment [shall be] is the date of actual receipt by the association, except that the board of directors may fix a date, which shall not be later than the 10th day of the month, for determining the date of investment on which interest [shall be] is computed. A date later than the 10th may be set if it is permissible for federal associations. If permitted by federal regulations, as amended, the board of directors may permit investments to receive interest calculated from the date of actual receipt.
6. In addition to the classes of savings accounts provided for in this chapter, an association may, with the approval of its board of directors, authorize additional classes of savings accounts which will conform to those types or classes, which have been established by the Federal Home Loan Bank Board by regulation or which may be hereafter authorized by it.
Sec. 21. NRS 673.339 is hereby amended to read as follows:
673.339 1. When any [shareholder or investor] savings depositor has neither paid in nor withdrawn any [funds] money from his savings account in the association for 7 consecutive years, and his whereabouts is unknown to the association and he has not responded to a letter from the association inquiring as to his whereabouts, sent by regular, certified or registered mail to his last-known address, the association may transfer his account to a dormant accounts fund.
2. Any [share or certificate account] savings deposit in the dormant accounts fund shall not participate in earnings of an association except by permissive action of the board of directors.
3. The [shareholder or investor,] savings depositor, or his or its executor, administrator, successor or assign, may claim the amount so transferred from his account to the dormant accounts fund at any time after the transfer.
4. Should the association be placed in liquidation while any savings account [shall remain] remains credited in the dormant accounts fund and before any valid claim [shall have] has been made thereto, the savings account so credited, upon order of the commissioner and without any escheat proceedings, [shall escheat] escheats to the State of Nevada.
Sec. 22. NRS 673.340 is hereby amended to read as follows:
673.340 1. Any [building] savings and loan association [or company] and any federal savings and loan association operating in this state may issue [shares, share] savings accounts or investment certificates to minors with the written consent of their parents, [or] trustees or guardians, and to married women, each in their own right.
2. Any payment thereon, or delivery thereof, or of any rights thereunder, to a minor of the age of 14 years or over, or to a married woman, or a receipt or acquittance signed by [such] the minor or parent, [or] trustee or guardian or by a married woman who holds such [shares, share] savings accounts or investment certificates, [shall be] is a valid and sufficient release and discharge of [such] the association [or company] for any such payment or delivery.
κ1977 Statutes of Nevada, Page 498 (CHAPTER 285, SB 319)κ
and sufficient release and discharge of [such] the association [or company] for any such payment or delivery.
Sec. 23. NRS 673.350 is hereby amended to read as follows:
673.350 [1. Shares, share] Savings accounts or investment certificates may be issued to or in the name of two or more persons or the survivor or survivors. In the event of the death of any of them the association [or company shall be] is liable thereon only to the survivor or survivors. While any of them are living, payment to any of them [shall discharge] discharges the liability to all.
[2. The joint ownership of shares or share accounts shall not confer the right to vote to any greater extent than if such shares or share accounts were held by an individual.]
Sec. 24. NRS 673.360 is hereby amended to read as follows:
673.360 1. A savings account or investment [certificates] certificate of any [such] association, [or company,] including a federal savings and loan association, may be purchased and held by any person as administrator, executor, guardian, or as trustee or other fiduciary, in trust for a named beneficiary or beneficiaries.
2. Any person holding a savings account as [such] a fiduciary [shall have power to vote as a member as though the savings account were held absolutely, and any such fiduciary shall have the power to] may make payments upon, and [to] withdraw, in whole or in part, [any such] the savings account or investment [certificates.] certificate.
3. The withdrawal value of any such savings account or investment [certificates,] certificate and interest thereon, or other rights relating thereto, may be paid or delivered to [such] the fiduciary, and the payment or delivery to [any such] the fiduciary [,] or a receipt or acquittance signed by [any such] the fiduciary, to whom any [such] payment or [any such] delivery of rights is made [shall be] , is a valid and sufficient release and discharge of [any such] the association [or company] for the payment or delivery so made.
Sec. 25. NRS 673.377 is hereby amended to read as follows:
673.377 1. Every association shall have on hand at all times in available funds, bank deposits, United States Government bonds, certificates of insured savings and loan associations not in excess of the insurable limitations, federal home-loan bank evidences of indebtedness, time certificates of insured federal and state banks or of any indebtedness of any United States Government instrumentality which is by statute fully guaranteed, a sum not less than 5 percent of the aggregate of savings accounts and investment certificates [of members] to enable it to pay withdrawals in excess of receipts and to meet accruing expenses. The commissioner [is authorized to] may prescribe from time to time different amounts required for liquidity purposes, but such amounts shall not be less than 4 percent or more than 8 percent.
2. [No] A deposit in a bank or association under the control or the possession of appropriate supervisory authority shall not be considered as cash. Except for deposits in a federal home-loan bank, [no] a time deposit established hereafter, whether time deposit-open account or deposit evidenced by a certificate of deposit, shall not be considered as cash for such purposes unless:
(a) Such member itself made the deposit in question;
κ1977 Statutes of Nevada, Page 499 (CHAPTER 285, SB 319)κ
(b) The deposit, together with all other time deposits of the association in the same bank, does not exceed the greater of one-quarter of 1 percent of such banks total deposits as of the banks last-published statement of condition or $15,000; and
(c) No consideration was received from a third party in connection with the making of the deposit.
3. An association shall not make or purchase any loan, other than advances on the sole security of its savings accounts, at any time when its liquidity drops below the required level. For the purpose of this section, a loan [shall be] is deemed to have been made as of the date the borrower executed the security instrument, and a loan [shall be] is deemed to have been purchased as of the date of the payment thereof.
Sec. 26. NRS 673.380 is hereby amended to read as follows:
673.380 1. Whenever an association has on file more withdrawal requests than can be met in full from current funds, it shall apply to the withdrawals one-half of the monthly receipts, after first deducting the amount necessary to pay the actual and reasonable expenses incurred in the operation of the association and the protection of its assets and reserves set up by it for [cash dividends or] interest on its [shares] savings accounts or certificates.
2. Should the one-half of the monthly receipts fail to retire at least 5 percent of the aggregate withdrawal requests, then such portion of the other one-half of the monthly receipts shall be applied as [shall be] is necessary to retire 5 percent of the total amount on withdrawal order.
3. [Receipts are construed to mean] For purposes of this section, receipts means all [funds] money coming into the hands of the association except borrowed money. Borrowed money shall not be considered receipts for the payment of withdrawals; but all money borrowed from the federal home-loan bank or from any other federal loan agency for the purpose of paying withdrawals may be used for such purpose and shall not be considered as receipts. [within the restrictions of this section.]
Sec. 27. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall [cause to be filed] file annually with the commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain; in such form and detail as the commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of [shares.] stock.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to [investors] savings depositors at the close of its last fiscal year.
(e) Any other facts which the commissioner may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published at least two times in some newspaper having a general circulation in the county in which the association maintains an office.
κ1977 Statutes of Nevada, Page 500 (CHAPTER 285, SB 319)κ
published at least two times in some newspaper having a general circulation in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the commissioner.
3. One section of the annual report shall contain such other information as the commissioner may require to be furnished. [therein.] This section need not be published and shall be treated as confidential by the commissioner.
4. Every association shall be required to pay to the commissioner for supervision and examination:
(a) An annual fee of $200 for each home office, and an annual assessment on its total assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of total assets.
(b) An annual fee of $100 for each branch office.
5. The commissioner shall determine from the annual statement the amount due from each association and shall submit a bill to the association for [such] the amount by March 15. A penalty of 10 percent of the fee payable shall be charged for each month or part thereof that the fees are not paid after April 15 of each year.
6. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and [shall be] paid into the state general fund. [in the state treasury.]
Sec. 28. NRS 673.4845 is hereby amended to read as follows:
673.4845 1. An association may reorganize, merge or consolidate with another state or federal association, if the reorganization, merger or consolidation is based upon a plan which has been adopted by the board of directors and approved at a regular or special [membership] stockholders meeting which has been called to consider [such] the action. Such approval must rest on a favorable vote of a majority of the voting power of the association as established by its articles.
2. Any such plan for reorganization, merger or consolidation must be approved by the commissioner, who shall satisfy himself that the plan, if approved, would be equitable for the [members] stockholders of the affected association or associations and would not impair the usefulness or success of other properly conducted associations in the community. In submitting an application for approval of any such plan, each association proposing to reorganize, merge or consolidate shall provide a comprehensive review of its present financial statement and a projected view of the financial statement of the reorganized, merged or consolidated association.
3. Unless such action is specifically authorized by or taken in conformity with this chapter, no association may, directly or indirectly:
(a) Reorganize, merge or consolidate.
(b) Assume liability to pay savings accounts or other liabilities of any financial institution or any other organization, person or entity.
(c) Transfer assets to any financial institution or any other organization, person or entity in consideration of [such] the transferees assumption of liability for any portion of the transferors savings accounts, deposits or other liability.
(d) Acquire the assets of any financial institution or any other organization, person or entity.
κ1977 Statutes of Nevada, Page 501 (CHAPTER 285, SB 319)κ
4. Any association aggrieved by any action or position taken by the commissioner under this section may appeal therefrom to the board in the manner provided by NRS 673.047.
5. Each application which is made under this section shall be accompanied by a fee payment of $150. The responsibility for payment of [such] the fee shall be shared equally by the associations participating in each [such] proposed plan.
Sec. 29. NRS 673.497 is hereby amended to read as follows:
673.497 1. The conservator confirmed or appointed by the court [shall have] has all power expressed in the court order and the following:
(a) All the rights, powers and privileges possessed by the directors [and] , officers [.] and stockholders.
(b) The power to request the resignation of or remove any director, officer or employee for cause and upon written notice, which shall show the commissioners approval of such action.
(c) The power to accept new savings accounts and additions to existing accounts, which shall become segregated accounts and amounts, if the commissioner so orders in writing, not subject to offset and not available for liquidating any indebtedness of an association existing at the time the conservator was appointed.
2. The conservator may not:
(a) Retain special counsel or other experts without prior approval of the court;
(b) Incur any expenses other than normal operating expenses; or
(c) Liquidate assets except in the normal course of operations or for the preservation of existing asset values.
3. All expenses of the association [,] during [such] the conservatorship [,] shall be paid by the association.
4. The amount of compensation for the conservator shall be determined by the court and paid by the association. When either the commissioner or his deputy has been appointed conservator, [such] the compensation shall be paid to the state treasurer.
5. During the conservatorship, debtors to the association shall continue to make [such] payments to the association as may be required under the terms of their respective contracts.
6. [Depositors] Savings account depositors may, with the approval of the conservator, withdraw all or any part of their savings accounts under the provisions of this chapter or under such [rules and] regulations as the commissioner may prescribe.
7. The conservator shall return the association to the board of directors if the conditions complained of by the commissioner have been removed within 12 months of his appointment. If no such change has been effected [in such] within that time, a receiver may be appointed by the commissioner as provided in this chapter.
Sec. 30. NRS 673.580 is hereby amended to read as follows:
673.580 1. The commissioner may, if he takes possession of any association [the shares or share] whose savings accounts [of which] are to any extent insured by the Federal Savings and Loan Insurance Corporation, tender to the Federal Savings and Loan Insurance Corporation the appointment as statutory liquidator of the association. If he does not make a tender as sole statutory liquidator, he shall tender to the Federal Savings and Loan Insurance Corporation the appointment as statutory coliquidator to act jointly with the commissioner.
κ1977 Statutes of Nevada, Page 502 (CHAPTER 285, SB 319)κ
does not make a tender as sole statutory liquidator, he shall tender to the Federal Savings and Loan Insurance Corporation the appointment as statutory coliquidator to act jointly with the commissioner. The coliquidatorship shall not be for more than 1 year from the date of tender, at the expiration of which time the commissioner shall become the sole liquidator except as otherwise provided by this section. The commissioner shall tender to the Federal Savings and Loan Insurance Corporation the appointment as sole statutory liquidator of the association whenever the corporation has become subrogated to the rights of 90 percent of the liability of the association on [shares and share] savings accounts. If the Federal Savings and Loan Insurance Corporation [become] becomes subrogated as to all the [shares and share] savings accounts in the association, it may then exercise all the powers and privileges conferred upon it by this chapter without court approval.
2. If the Federal Savings and Loan Insurance Corporation accepts the appointment as sole liquidator it shall possess all the powers and privileges of the commissioner as statutory liquidator of a possessed savings and loan association and shall be subject to all duties of the commissioner as sole liquidator, except insofar as the powers and privileges or duties are in conflict with federal laws, and except as otherwise provided in this chapter, unless the association resumes business pursuant to the provisions of this chapter. If the Federal Savings and Loan Insurance Corporation accepts the appointment as coliquidator, it shall possess such powers and privileges jointly with the commissioner and shall be subject to the duties jointly with the commissioner.
3. If the Federal Savings and Loan Insurance Corporation accepts the appointment as coliquidator or liquidator, it shall file its acceptance with the commissioner and the clerk of the district court. The corporation may act without bond. Upon [the] filing [by the Federal Savings and Loan Insurance Corporation of] its acceptance of [an] appointment as sole liquidator, the possession of and title to all the assets, business and property of the association shall vest in the Federal Savings and Loan Insurance Corporation without the execution of any conveyance, assignment, transfer or endorsement. Upon [the] filing [by the Federal Savings and Loan Insurance Corporation of] its acceptance of [the] appointment as coliquidator, the possession and title shall be vested in the commissioner and the corporation jointly. If the Federal Savings and Loan Insurance Corporation does not qualify as sole liquidator at or before the time provided for the expiration of the coliquidatorship, the corporation shall be wholly divested of the joint title and possession, and the sole title and possession shall vest in the commissioner. The vesting of title and possession of the property of the association [shall] does not render the property subject to any claims by the federal corporation, except those which are encumbered by it with respect to the association and its property. Whether or not it serves as liquidator or coliquidator, the corporation may make loans on the security of or may purchase with the approval of the court, except as otherwise provided in this chapter, all or any part of the assets of any association, the [shares or share] savings accounts of which are to any extent insured by it. In the event of a purchase, the corporation shall pay a reasonable price.
κ1977 Statutes of Nevada, Page 503 (CHAPTER 285, SB 319)κ
4. Whether or not the Federal Savings and Loan Insurance Corporation serves as liquidator, whenever it pays or makes available for payment the [shares or share] savings accounts of any association in liquidation which are insured by it, it shall be subrogated upon the surrender and transfer to it of the [shares or share] savings accounts. The surrender and transfer [shall] do not affect any right which the transferor has in any [shares or share] savings accounts which are not paid or made available for payment or any right to participate in the distribution of the net proceeds remaining from the disposition of the assets of the association. The rights of the investors and creditors of the association shall be determined in accordance with the applicable provisions of the laws of this state.
Sec. 31. NRS 673.590 is hereby amended to read as follows:
673.590 1. Whenever in the case of any association which has issued permanent stock, the commissioner or the Federal Savings and Loan Insurance Corporation has fully liquidated all claims other than claims of the stockholders, and has made due provision for [any and] all known or unclaimed liabilities, excepting claims of permanent stockholders, and has paid all expenses of liquidation, the commissioner shall call a meeting of the stockholders of the savings [or building] and loan association.
2. Notice of the meeting shall be given by:
(a) Five publications in a 30-day period in one or more newspapers published in the county in which the principal office of the association is located; and
(b) Letter to each stockholder [addressed] mailed to his last-known address.
3. At the meeting the commissioner shall deliver to the stockholders all the property and effects of the association remaining in his possession except its records, which shall be retained by him as part of the records of his office. Upon transfer and delivery he shall be discharged from any [and all] further liability to the association or its creditors, and thereafter the association shall be in the same position as though it had never been authorized to transact a savings [or building] and loan business.
Sec. 32. NRS 673.600 is hereby amended to read as follows:
673.600 Any [building and loan company, association or corporation, or any] savings and loan [company,] association [or corporation, or any other company, association or corporation] eligible to become a member of the Federal Home Loan Bank, may convert itself into a federal savings and loan association pursuant to the Home Owners Loan Act of 1933, [being c. 64, 48 Stat. 128, and also designated as] 12 U.S.C. §§ 1461 to 1468, inclusive, with the same [force and] effect as though originally incorporated under [the Home Owners Loan Act of 1933,] that act, and the proceedings to effect [such] the conversion shall be as outlined in NRS 673.610 to 673.640, inclusive.
Sec. 33. NRS 673.610 is hereby amended to read as follows:
673.610 1. A meeting of the [shareholders] stockholders shall be held upon not less than 10 days written notice to each [shareholder,] stockholder, served either personally or by mail, postage prepaid, directed to him at his last-known post office address and containing a statement of the time, place and the purpose for which [such] the meeting is called.
κ1977 Statutes of Nevada, Page 504 (CHAPTER 285, SB 319)κ
of the time, place and the purpose for which [such] the meeting is called.
2. Proof by affidavit of due service of [such] the notice shall be filed in the office of the corporation before or at the time of [such] the meeting.
Sec. 34. NRS 673.620 is hereby amended to read as follows:
673.620 1. At a meeting of the [shareholders] stockholders held as provided in NRS 673.610, [such shareholders] the stockholders may, by the affirmative vote of the majority of the [shareholders] stockholders present, in person or by proxy, declare [,] by resolution [,] the determination to convert the state company, association or corporation into a federal savings and loan association.
2. A copy of the minutes of such meeting, [of the shareholders,] verified by the affidavit of the president or vice president and the secretary of the meeting, shall be filed in the office of the commissioner within 10 days after the date of [such] the meeting. [Such] The sworn copy of the proceedings of [such] the meeting, when so filed, [shall be] is presumptive evidence of the holding and the action of [such] the meeting.
Sec. 35. NRS 673.630 is hereby amended to read as follows:
673.630 1. After the holding of the meeting of [shareholders,] stockholders, the state company, association or corporation shall take such action, in the manner prescribed or authorized by the laws of the United States or the rules and regulations promulgated pursuant thereto, as shall make it a federal savings and loan association, and there shall thereupon be filed in the office of the commissioner a copy of the charter of authorization issued to [such company,] the association [or corporation] by the Federal Home Loan Bank Board or a certificate showing the organization of [such company,] the association [or corporation] as a federal savings and loan association certified by the Federal Home Loan Bank Board. Upon such filing with the commissioner, the [company,] association [or corporation shall cease] ceases to be a state [building] savings and loan association, [company or corporation,] but [it shall still retain] retains all rights, privileges and exemptions of a domestic [company,] association [or corporation] of the same kind and character.
2. A fee of $20 shall accompany the copy of the charter of authorization.
3. Federal associations so converted and their members are subject to the same form of taxation and on the same basis as state associations and their [members.] stockholders.
Sec. 36. NRS 673.650 is hereby amended to read as follows:
673.650 Any federal savings and loan association may convert itself into a [building] savings and loan association [, company or corporation] under the laws of this state upon a vote of 51 percent or more of the votes of members of [such] the federal savings and loan association cast at any regular or special meeting called to consider [such] the action.
Sec. 37. NRS 673.660 is hereby amended to read as follows:
673.660 At the meeting the members shall also vote upon the directors who shall be the directors of the [building] savings and loan association [, company or corporation] after conversion takes effect, to hold office until the next annual meeting and until their successors are elected and qualified.
κ1977 Statutes of Nevada, Page 505 (CHAPTER 285, SB 319)κ
association [, company or corporation] after conversion takes effect, to hold office until the next annual meeting and until their successors are elected and qualified.
Sec. 38. NRS 673.690 is hereby amended to read as follows:
673.690 1. After the meeting, the federal association shall take [or cause to be taken] such action in the manner prescribed and authorized by the laws of this state as shall make it a [building] savings and loan association [, company or corporation] of this state, and the directors elected at [such] the meeting shall file such documents and [take such proceedings] follow such procedures as are required by the laws of this state in the case of the original incorporation of a [building] savings and loan association. [, company or corporation.]
2. [No building] A savings and loan association [, company or corporation] incorporated by conversion from a federal savings and loan association shall not be required to comply with any of the provisions of law or any [regulations promulgated] regulation adopted by the commissioner relating to the minimum amounts of capital required to be subscribed in connection with the original incorporation of a [building] savings and loan association [, company or corporation] under the laws of this state.
Sec. 39. NRS 673.720 is hereby amended to read as follows:
673.720 Upon the filing of the articles of incorporation with the secretary of state, the association [shall cease] ceases to be a federal savings and loan association and [shall thereafter be a building] thereafter is a savings and loan association. [, company or corporation.] All of the property of [such] the association, including all of its right, title and interest in and to all property of every kind and character, whether real, personal or mixed, [shall] immediately by operation of law, [and] without any conveyance or transfer [whatever,] and without any further act or deed, [be vested] vests in the association [, company or corporation] under its new name and style as a [building] savings and loan association, [company or corporation,] and under its new jurisdiction.
Sec. 40. NRS 673.730 is hereby amended to read as follows:
673.730 The [building] savings and loan association [, company or corporation] shall have, hold and enjoy the property mentioned in NRS 673.720 in its own right as fully and to the same extent as the [same] property was possessed, held and enjoyed by it as a federal savings and loan association, and the [building] savings and loan association [, company or corporation shall continue] continues to be responsible for all of the obligations of the federal savings and loan association to the same extent as though the conversion had not taken place. It is expressly declared that [such building] the savings and loan association [, company or corporation shall be] is merely a continuation of [such] the federal savings and loan association under a new name, [and] a new jurisdiction and such revision of its corporate structure as may be considered necessary for its proper operation under the new jurisdiction.
Sec. 41. NRS 673.740 is hereby amended to read as follows:
673.740 Every executor, administrator, trustee, guardian, receiver, fiduciary, public corporation, political subdivision, public instrumentality, charitable, educational and eleemosynary institution, bank, savings bank, trust company, financial institution, insurance company, or cemetery association, without the necessity of obtaining court approval, may:
κ1977 Statutes of Nevada, Page 506 (CHAPTER 285, SB 319)κ
bank, trust company, financial institution, insurance company, or cemetery association, without the necessity of obtaining court approval, may:
1. Vote in person or by proxy in favor of converting a federal savings and loan association into a [building] savings and loan association, [company or corporation,] or may approve the determination [to] so to convert.
2. Exchange any shares, share accounts or other rights or claims for securities issued by [such building] the savings and loan association, [company or corporation,] and may continue to hold as a legal investment any securities so received.
Sec. 42. NRS 673.750 is hereby amended to read as follows:
673.750 Every federal savings and loan association incorporated under the provisions of the Home Owners Loan Act of 1933, [being c. 64, 48 Stat. 128, and also designated as] 12 U.S.C. §§ 1461 to 1468, inclusive, as [now or hereafter] amended [, and] or supplemented, having its principal place of business in the State of Nevada, and the holders of shares or share accounts issued by [any such] the association, respectively, [shall] have all the rights, powers and privileges, and [shall be] are entitled to the same exemptions and immunities granted, respectively, to [building] savings and loan associations organized under the laws of this state and to the holders of savings accounts, investment certificates [, membership shares] or guaranty stock of [such] state associations.
Sec. 43. NRS 673.810 is hereby amended to read as follows:
673.810 Any person who [shall] knowingly [make, utter, circulate or transmit] makes, utters, circulates or transmits to another, or others, any statement untrue in fact, derogatory to the financial condition of any such [company,] association [or corporation] doing business in this state, with intent to injure [any such company,] the association, [or corporation,] or who [shall counsel, aid, procure or induce] counsels, aids, procures or induces another to originate, make, utter, transmit or circulate any such statement or rumor, with like intent, [shall be] is guilty of a misdemeanor.
Sec. 44. NRS 673.820 is hereby amended to read as follows:
673.820 Any [company,] association [or corporation that shall violate] which violates any provisions of this chapter or fraudulently [misrepresent] misrepresents the terms of any contract or of any securities, and thereby [secure] secures a sale therefor, shall be punished by a fine of not exceeding $1,000 and forfeiture and revocation of [any and] all licenses issued to it under the provisions of this chapter.
Sec. 45. NRS 673.850 is hereby amended to read as follows:
673.850 The revocation of any license issued under any of the provisions of this chapter shall, from the date of such revocation, place the [company,] association [, corporation, individual or person] to whom it is issued in the same legal status and subject to the same prohibitions and penalties as one to whom no license has been issued.
________
κ1977 Statutes of Nevada, Page 507κ
Senate Bill No. 110Senator Dodge
CHAPTER 286
AN ACT relating to local government finance; providing procedures for corrective action by department of taxation where conditions of financial difficulty are determined to exist in a local government; providing for itemized annual reports of certain local government indebtedness; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context requires otherwise:
1. Department means the department of taxation.
2. Local Government means any local government subject to the provisions of the Local Government Budget Act.
3. Words and terms used in the Local Government Budget Act have the same meanings as in that act.
Sec. 3. If the department finds that one or more of the following conditions of financial difficulty exists in any local government, it may determine that corrective action is needed:
1. Default in payments of principal and interest on any type of bond or short-term financing;
2. Inability to meet the payroll for two or more consecutive pay periods or for two or more pay periods in any 6 consecutive months;
3. An audit report which includes a qualified or adverse opinion arising out of material improprieties in fiscal management;
4. Repeated evidence of financial mismanagement;
5. Excessive use of short-term financing to offset imbalances between revenues and expenditures; or
6. Repeated failure to file documents with the department as required by law.
Sec. 4. The department shall hold one or more hearings relating to the conditions of financial difficulty indicating the need for corrective action for a particular local government and the nature of the corrective action proposed.
Sec. 5. Following the hearings the department may, if the state board of finance approves the action after a hearing at which both the department and the affected local government are afforded an opportunity to be heard, require by order:
1. That the governing body submit a local government financing plan to the department for approval;
2. That state and local tax distributions be withheld from the local government until the governing body adopts a refinancing plan or appropriate operating budget approved by the department;
3. That the expenditures of the local government be adjusted by one or more of the following:
κ1977 Statutes of Nevada, Page 508 (CHAPTER 286, SB 110)κ
(a) Capital expenditure limitations established by the governing body and approved by the department;
(b) Hiring restrictions imposed by the governing body and approved by the department;
(c) Submitting to the department for approval or disapproval all contracts to be entered into by the local government; or
(d) Submitting to the department for approval or disapproval all collective bargaining contracts to be entered into by the local government, except issues submitted to a fact-finder whose findings and recommendations are final and binding under the provisions of the Local Government Employee-Management Relations Act;
4. That the governing body not expend moneys from a contingency account or transfer moneys from one fund to another without the approval of the department;
5. That the governing body submit reports to the department as provided in the order;
6. That the governing body employ technicians determined by the department to be necessary to improvement of the financial condition of the local government;
7. That the governing body meet with the creditors of the local government for the purpose of formulating a debt liquidation program to be submitted to the department for review; or
8. That the issuance of bonds or other forms of indebtedness by the local government be restricted in accordance with conditions imposed by the department.
Sec. 6. If a local government fails to comply with a departmental order for corrective action, the state board of finance may apply to the district court to compel compliance.
Sec. 7. The state board of finance may terminate an order for corrective action at any time.
Sec. 8. 1. The governing body of a local government which has complied with a departmental order for corrective action may petition the state board of finance for termination or modification of the order.
2. The state board of finance shall provide notice, hearing and a written decision on each such petition.
3. When a petition relating to a specific order is denied, the governing body may not resubmit a petition to terminate or modify that order until 3 months following the date of denial.
Sec. 9. The department shall adopt regulations to carry out sections 2 to 8, inclusive, of this act. It may adopt the regulations only after receiving the approval of its advisory committee for the purposes of the Local Government Budget Act.
Sec. 10. 1. Each local government shall submit to the department annually, an itemized report showing all its outstanding indebtedness. The department shall prescribe the form and time of filing for all such reports.
2. Upon receipt of the annual local government reports of indebtedness, the department shall compile the information into a state report of local government indebtedness. Copies of such report shall be submitted to the governor, the state controller and research and fiscal analysis division of the legislative counsel bureau.
κ1977 Statutes of Nevada, Page 509 (CHAPTER 286, SB 110)κ
3. As used in this section, indebtedness does not include any liability which is incurred by a local government for the purchase of goods and services on open accounts.
Sec. 11. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 10 of this act may be cited as the Local Government Budget Act.
Sec. 12. Section 11 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Senate Bill No. 317Committee on Commerce and Labor
CHAPTER 287
AN ACT relating to savings and loan associations; revising certain loan limitations and other regulations applicable to such associations; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 673.005 is hereby amended to read as follows:
673.005 Combination home and business structure means a building or buildings, including residences for not more than [six] four families, which are used in part for business purposes, if the residential use of such a building is substantial and permanent, not merely transitory. The business use may predominate.
Sec. 2. NRS 673.011 is hereby amended to read as follows:
673.011 Home means a dwelling or dwellings for not more than [six] four families, the principal use of which is for residential purposes, including a home on a farm.
Sec. 3. NRS 673.028 is hereby amended to read as follows:
673.028 Regular lending area means the State of Nevada and any additional area located within a radius of 100 miles from the home office [,] or any full-service branch of an association, whether within or without the state.
Sec. 4. NRS 673.03531 is hereby amended to read as follows:
673.03531 [Neither] 1. Except as provided in subsection 2, the commissioner [nor] and any deputy, attorney, examiner, accountant or appraiser appointed or employed by the commissioner shall [:] not:
[1.] (a) Be interested, directly or indirectly, in any association.
[2.] (b) Be or become indebted, directly or indirectly, as borrower, endorser, surety or guarantor, or sell or otherwise dispose of any loan or investment to any association under the commissioners supervision or subject to the commissioners examination.
2. The commissioner and any deputy, attorney, examiner, accountant or appraiser appointed or employed by the commissioner may establish and maintain savings deposits with associations to the maximum insured amount, receive interest on their deposits and borrow money secured by a pledge of their deposits.
κ1977 Statutes of Nevada, Page 510 (CHAPTER 287, SB 317)κ
3. If the commissioner or any deputy, attorney, examiner, accountant or appraiser appointed or employed by the commissioner has an interest or relation prohibited by this section at the time of his appointment or employment, he shall terminate it within 120 days after the date of his appointment or employment.
Sec. 5. NRS 673.221 is hereby amended to read as follows:
673.221 1. It is unlawful for an officer, director, employee or capital stockholder of an association:
(a) To solicit, accept or agree to accept, directly or indirectly, from any person other than the association, any gratuity, compensation or other personal benefit for any action taken by the association or for endeavoring to procure any such action.
(b) [To have any interest, direct or indirect, in the proceeds of a loan or of a purchase or sale made by the association, unless such loan, purchase or sale is authorized expressly by this chapter or by a resolution of the board of directors of the association. Such resolution shall be approved by a vote of at least two-thirds of all the directors of the association, and an interested director shall take no part in the vote.
(c)] To have any interest, direct or indirect, in the purchase at less than its face value of any evidence of a savings account or other indebtedness issued by the association, excluding stock certificates and junior capital notes.
2. It is unlawful for any stockholder with more than 5 percent of the outstanding capital stock of an association, or any director or principal officer, to have any interest, direct or indirect, in the proceeds of a loan or of a purchase or sale made by the association, unless such loan, purchase or sale is authorized expressly by this chapter or by a resolution of the board of directors of the association. Such resolution shall be approved by a vote of at least two-thirds of all the directors of the association, and an interested director shall take no part in the vote.
3. Any violation of the provisions of [subsection 1] this section is a misdemeanor.
Sec. 6. NRS 673.327 is hereby amended to read as follows:
673.327 [In addition to loans on homes and on combination of homes and business property, an] An association may make loans [on other improved] secured by real property [,] on the direct reduction plan: [, repayable monthly within 25 years, but not in excess of:
1. The maximum percentage acceptable to the insuring or guaranteeing agency, if an insured or guaranteed loan; or
2. Eighty percent of the value of a home or combination home and business property; or
3. Seventy-five percent of the value of other improved real property, if the loan is repayable monthly within a period of 25 years; or
4. Thirty-five percent of the value of unimproved real property if the loan is repayable within a period of 3 years; but loans on unimproved real property may not at any time exceed 3 percent of the total assets of the association.]
1. On residential property, including a combination home and business property, repayable within 30 years, up to 80 percent of the value, or for a loan guaranteed or insured by a governmental agency, up to the maximum number of years and percentage of value acceptable to that agency;
κ1977 Statutes of Nevada, Page 511 (CHAPTER 287, SB 317)κ
maximum number of years and percentage of value acceptable to that agency;
2. On other improved real property, up to 75 percent of the value if the loan is repayable within 25 years; and
3. On unimproved real property, up to 60 percent of the value if the loan is repayable within 6 years, or up to two-thirds of the value if the loan is repayable within 3 years, but such loans shall not at any time exceed 3 percent of the total assets of the association.
Sec. 7. NRS 673.3271 is hereby amended to read as follows:
673.3271 1. [No] An association shall not make at one time loans to any one borrower, or under any one transaction, or applicable to any one project, or tract, if the loans in the aggregate are in excess of whichever of the following is the lesser:
(a) Five percent of its total savings accounts, unless such requirement is waived by written approval of the commissioner.
(b) An amount equal to the sum of its capital, surplus, undivided profits, loan reserve, federal insurance reserve, capital notes and such other reserves as the commission may prescribe.
2. For the purpose of this section, the term one borrower means:
(a) Any person or entity that is, or that upon the making of a loan will become, obligor on a loan on the security of real estate.
(b) Nominees of such obligor.
(c) All persons, trusts, partnerships, syndicates and corporations of which such obligor is a nominee or a beneficiary, partner, member, or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock of any corporation.
(d) If such obligor is a trust, partnership, syndicate or corporation, all trusts, partnerships, syndicates and corporations of which any beneficiary, partner, member, or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock is also a beneficiary, partner, member or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock of such association.
3. For the purpose of this section, the term loans to any one borrower means the amount of the new loan plus the total balances of all outstanding loans on the security of real estate owed to the association by such borrower. Notwithstanding any other limitations of this section, any such loan may be made if the new loan when added to the total balances of all outstanding loans on the security of real estate owed to the association by such borrower does not exceed [$100,000.] $250,000.
4. For the purpose of this section, the term balances of all outstanding loans means the original amounts loaned by the association plus any additional advances and interest due and unpaid, less repayments and participating interests sold and exclusive of any loan on the security of real estate the title to which has been conveyed to a bona fide purchaser of such real estate.
5. If an association makes a loan to any one borrower [, as defined in this chapter,] in an amount which, when added to the total balances of all outstanding loans on the security of real estate owed to the association by such borrower, exceeds [$100,000,] $250,000, the records of such association with respect to such loan shall include documentation showing that such loan was made within the limitations of this chapter.
κ1977 Statutes of Nevada, Page 512 (CHAPTER 287, SB 317)κ
For the purpose of such documentation, the association may require, and may accept in good faith, a certification by the borrower identifying the persons, entities and interests described in the definition of one borrower in subsection 2.
Sec. 8. NRS 673.328 is hereby amended to read as follows:
673.328 An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed 30 percent of the associations assets:
1. [Loans in excess of $50,000, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding $50,000 to each home or combination of home and business property and residential property which is part of the security or one-fourth of 1 percent of the associations assets, whichever is the greater.] Residential loans in excess of the greater of:
(a) One-half of 1 percent of the associations assets; or
(b) Eighty thousand dollars, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding $80,000 to each home or combination of home and business property and residential property which is part of the security.
2. Loans on improved real property other than homes or combination homes and business property and residential property.
3. Loans on improved real property located outside the regular lending area of the association unless such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage loans, except construction loans.
5. Loans on one-family, owner-occupied homes, in an amount between 80 percent and 90 percent, inclusive, of the value, [providing:] if:
(a) Impounds are collected for taxes and insurance.
(b) The association has made or obtained, prior to the approval of the loan, a written report on the credit standing of the borrower, showing the financial ability of the borrower to undertake and pay off the obligation involved in the loan.
(c) The association has obtained, prior to approval of the loan, a certification in writing to the association stating:
(1) The purpose for which the loan is sought and, if for the purpose of enabling the borrower to purchase the security property, the name of the vendor or vendors, and the purchase price;
(2) That there will be no liens upon such property other than the lien of the association; and
(3) That the borrower is actually occupying the property as a dwelling or that the borrower in good faith intends to do so.
(d) [If the loan is sought for the purpose of enabling a purchaser to acquire the security property, the loan must not exceed 90 percent of so much of such purchase price as does not exceed $35,000 plus 80 percent of so much of such purchase price as exceeds $35,000, or not to exceed 90 percent of so much of the appraised value as does not exceed $35,000 plus 80 percent of so much of the appraised value as exceeds $35,000, whichever is lowest.]
κ1977 Statutes of Nevada, Page 513 (CHAPTER 287, SB 317)κ
plus 80 percent of so much of the appraised value as exceeds $35,000, whichever is lowest.] The loan does not exceed $65,000, 90 percent of the value of the real property securing the loan or 90 percent of the purchase price of the property, whichever is the lowest.
(e) [If the loan is sought for the purpose of enabling the borrower to refinance the property, the loan must not exceed 90 percent of so much of the appraised value as does not exceed $35,000 plus 80 percent of so much of the appraised value as exceeds $35,000.
(f)] If the loan is sought to finance the construction of a single-family dwelling, the amount of such loan as exceeds 80 percent of the appraised value shall not be disbursed until construction has been fully completed.
[(g) The total loan does not exceed $37,500.
(h)] (f) Loans granted under this chapter will be repayable monthly within 30 years.
[(i)] (g) The record of each such loan shall show the date and amount of the appraisal on which the loan was made and the date of approval of the loan by the board of directors or the loan committee.
[(j) That prior, written approval of the commissioner is obtained where the appraised value of the security property exceeds the amount of the purchase price therefor.]
6. Subsection 5 does not apply to:
(a) Home loans in excess of 80 percent of value up to 95 percent of value if the excess over 80 percent is insured by a private insurer approved by the Federal Home Loan Mortgage Corporation, except that such insured loans in excess of 90 percent of value shall not exceed $50,000.
(b) Home loans in excess of 80 percent of value if the excess over 80 percent is insured or guaranteed by an agency or instrumentality of the Federal Government or a state whose full faith and credit is pledged to the support of the insurance or guarantee.
Sec. 9. NRS 673.483 is hereby amended to read as follows:
673.483 1. Each association shall, at least once each year, cause its books and accounts to be audited at its own expense by a certified public accountant or firm of such accountants selected by the association and approved by the commissioner.
2. The commissioner may prescribe the scope of the audit.
3. A certified copy of the audit, including the management and internal control letters relating to the audit, shall be furnished to the commissioner.
Sec. 10. NRS 673.004 is hereby repealed.
________
κ1977 Statutes of Nevada, Page 514κ
Assembly Bill No. 749Committee on Legislative Functions
CHAPTER 288
AN ACT relating to the state legislature; extending the provision for filling vacancies in the office of senator and assemblyman to cover vacancies occurring during a session and legislative districts including divided counties; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.043 is hereby amended to read as follows:
218.043 Where a vacancy occurs in the office of state senator or assemblyman [and] during a regular or special session of the legislature or at a time when no biennial election or regular election at which county officers are to be elected [takes] will take place between the occurrence of such vacancy and the next regular or special session, [of the legislature,] the board of county commissioners of the county from which such member was elected shall appoint a person of the same political party as the former incumbent to fill such vacancy. Where the senator or assemblyman was elected from a district comprising more than one county, such appointment shall be made by a joint board composed of all the county commissioners of each county within or partly within the district, under the chairmanship of the chairman of the board of county commissioners of the [most populous] county [.] whose population residing within the district is the greatest. If no person receives a plurality of the votes of the joint board, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee shall be chosen by drawing lots among the candidates so selected.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 502Committee on Education
CHAPTER 289
AN ACT relating to public school personnel; permitting boards of trustees of school districts to negotiate with respect to the accumulation of sick leave and payment for unused sick leave; and providing other matters properly relating thereto.
[Approved April 29, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means a certificated or noncertificated employee of a school district in this state.
2. A school month in any public school in this state [shall consist] consists of 4 weeks of 5 days each. [, and, except as otherwise provided in this section, an employee thereof shall be paid only for the time in which he is actually engaged in services rendered the school district.]
κ1977 Statutes of Nevada, Page 515 (CHAPTER 289, AB 502)κ
provided in this section, an employee thereof shall be paid only for the time in which he is actually engaged in services rendered the school district.]
3. Nothing contained in this section [shall prohibit] prohibits the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of [such] the absence and the total number of contracted work days in the year.
5. Boards of trustees shall prescribe [such rules and regulations for] by regulation, or may in the alternative negotiate pursuant to the Local Government Employee-Management Relations Act, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. If any subject specified in this subsection is included in a negotiated agreement, the terms of the agreement shall govern in case of a conflict with regulations prescribed by the board.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the individual employee. An employee shall not be credited with more than 15 days of sick leave in any 1 school year. [Rules and regulations regarding accumulation of sick leave may be promulgated by boards of trustees.] Accumulated sick leave up to a maximum of 30 days may be transferred from one school district to another.
7. Subject to the provisions of subsection 8:
(a) When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary shall be made therefor.
(b) When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a duly constituted board of health and such intermission or closing does not exceed 30 days at any one time, there shall be no deduction or discontinuance of salaries.
8. If the board of trustees orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district during such compensatory extension period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee [shall not be] is not entitled to additional compensation for services rendered during the compensatory extension period.
________
κ1977 Statutes of Nevada, Page 516κ
Assembly Bill No. 405Assemblymen Glover and Jacobsen
CHAPTER 290
AN ACT relating to the district courts; providing an additional district judge for the first judicial district; and providing other matters properly relating thereto.
[Approved April 29, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into nine judicial districts, as follows:
First judicial district. The county of Storey and Carson City constitute the first judicial district.
Second judicial district. The county of Washoe constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander constitute the third judicial district.
Fourth judicial district. The county of Elko constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln constitute the seventh judicial district.
Eighth judicial district. The county of Clark constitutes the eighth judicial district.
Ninth judicial district. The counties of Douglas and Lyon constitute the ninth judicial district.
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one district judge. For the first judicial district there shall be two district judges. For the second judicial district there shall be seven district judges. For the eighth judicial district there shall be 11 district judges.
3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy occurs in the office of any district judge it shall be filled as provided in NRS 3.080.
Sec. 2. 1. Until the 1st Monday in January 1979, the number of district judges in the first judicial district shall remain one unless there occurs a vacancy in the office of district judge in the first judicial district, in which event the number of district judges of the first judicial district shall be two as of the date of such vacancy.
2. Whether or not a vacancy occurs in the office of district judge in the first judicial district before January 1, 1978, the provisions of section 1 of this act shall become effective on January 1, 1978, for the purpose of nominating and electing district judges, and on the 1st Monday in January 1979, for all other purposes.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 517κ
Assembly Bill No. 330Committee on Government Affairs
CHAPTER 291
AN ACT to amend an act entitled, An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 24, 1971, as amended.
[Approved April 29, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.045 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as added by chapter 39, Statutes of Nevada 1973, at age 55, is hereby amended to read as follows:
Sec. 1.045 Wards: Creation; boundaries.
1. The city shall be divided into four wards, which shall be as nearly equal in [registered voters] population as can conveniently be provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever the [number of registered voters,] population, as determined [at the close of registration prior to each general state election,] by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the [number of registered voters] population in any other ward by more than 5 percent. The boundaries of wards may be changed to include territory annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure found to be reliable by the board of commissioners.
Sec. 2. This act shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 518κ
Assembly Bill No. 163Committee on Government Affairs
CHAPTER 292
AN ACT relating to general improvement districts; requiring a service plan for a special district initiated by a board of county commissioners; making a board of county commissioners the initial board of trustees of all such districts and requiring the board to perform certain duties; permitting a board of county commissioners to create a local district managing board; allowing a board of county commissioners to act as a board of trustees in certain additional instances; providing for the registration of persons who vote in district elections; limiting the right to vote in such elections to residents of the district; adding fire protection as a basic power of a district; changing the composition of county obligation bond commissions by adding a representative of general improvement districts; requiring a board of trustees to obtain such commissions approval before borrowing money or issuing securities; providing a further statement of legislative purpose; and providing other matters properly relating thereto.
[Approved April 29, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 308.010 is hereby amended to read as follows:
308.010 1. This chapter [shall be known] may be cited as the Special District Control Law.
2. The legislature hereby determines and declares that the procedures contained in the Special District Control Law are necessary for the coordinated and orderly creation of special district governments and for the logical extension of special district services throughout the state.
3. It is the purpose of the Special District Control Law to prevent unnecessary proliferation and fragmentation of local government, to encourage the extension of existing districts rather than the creation of new districts and to avoid excessive diffusion of local tax sources.
Sec. 2. NRS 308.020 is hereby amended to read as follows:
308.020 1. The Special District Control Law [is applicable to any] applies to:
(a) Any special district whose formation is initiated by a board of county commissioners; and
(b) Any petition for the formation of any proposed [special district] special district filed with any board of county commissioners.
2. [A] As used in this chapter special district means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS, but [excluding:] excludes:
(a) All local improvement districts created pursuant to chapter 309 of NRS; and
(b) All housing authorities. [; and
(c) All districts the formation of which is initiated by a board of county commissioners.]
Sec. 3. NRS 308.030 is hereby amended to read as follows:
308.030 1. Any prospective petitioner [of any proposed special district as defined in NRS 308.020] for the establishment of a special district shall file a service plan with the board of county commissioners of [any] each county which has territory included within the boundaries of the proposed district.
κ1977 Statutes of Nevada, Page 519 (CHAPTER 292, AB 163)κ
district as defined in NRS 308.020] for the establishment of a special district shall file a service plan with the board of county commissioners of [any] each county which has territory included within the boundaries of the proposed district. The service plan shall:
(a) Consist of a financial survey and a preliminary engineering or architectural survey showing how the proposed services are to be provided and financed.
(b) Include a map of the proposed district boundaries, an estimate of the population and assessed valuation of the proposed district.
(c) Describe the facilities to be constructed, the standards of such construction, the services to be provided by the district, an estimate of costs, including the cost of acquiring land, engineering services, legal services, proposed indebtedness, including proposed maximum interest rates and any discounts, any other proposed bonds and any other securities to be issued, their type or character, annual operation and maintenance expenses, and other major expenses related to the formation and operation of the district.
(d) Outline the details of any arrangement or proposed agreement with any city or town for the performance of any services between the proposed special district and such city or town. The form of any such contract to be used, if available, shall be attached to the service plan.
If a board of county commissioners initiates the formation of a special district, it shall prepare such a service plan as an appendix to its initiating resolution.
2. [Each] Except where the formation of a district is initiated by a board of county commissioners, each service plan filed shall be accompanied by a processing fee set by the board of county commissioners not to exceed $200 which shall be deposited in the county general fund. Such processing fee shall be sufficient to cover the costs related to the hearing prescribed by NRS 308.070, including the costs of notice, publication and recording of testimony.
Sec. 4. NRS 308.040 is hereby amended to read as follows:
308.040 1. [A petition for the formation of a special district filed with any board of county commissioners pursuant to subsections 4 and 5 of NRS 318.055, shall be accompanied by a resolution approving the service plan of the proposed district by the board of county commissioners of the county in which the territory of the proposed special district lies.] If a proposed special district lies entirely within one county, a resolution approving the service plan is required from the board of county commissioners of that county.
2. If the boundaries of a proposed special district include territory within two or more counties, a resolution approving the service plan for such special district [shall be] is required from the board of county commissioners of each county which has territory included in the proposed special district; but the [board] boards of county commissioners of [each of] the respective counties may in their discretion hold a joint hearing on the proposed district in accordance with NRS 308.070.
Sec. 5. NRS 308.050 is hereby amended to read as follows:
308.050 The board of county commissioners of each such county [shall constitute] constitutes the approving authority under the Special District Control Law and shall review any service plan filed [by the petitioners of] for any proposed special district.
κ1977 Statutes of Nevada, Page 520 (CHAPTER 292, AB 163)κ
District Control Law and shall review any service plan filed [by the petitioners of] for any proposed special district. With reference to the review of any service plan, each such board of county commissioners may:
1. Approve the service plan without condition or modification; [the service plan submitted by the petitioners of a proposed special district;]
2. Disapprove the service plan [submitted by the petitioners of a proposed special district as provided] for any of the reasons listed in NRS 308.060; [and] or
3. Conditionally approve the service plan [submitted by the petitioners of a proposed special district] subject to the submission of additional information relating to [, or modification of, the proposed service plan.] or modifying the plan.
Sec. 6. NRS 308.060 is hereby amended to read as follows:
308.060 1. Each such board of county commissioners may disapprove the service plan [submitted by the petitioners] of a proposed special district upon satisfactory evidence that:
(a) There is insufficient existing and projected need for organized service in the area to be serviced by the proposed district; [or]
(b) The existing service in the area to be served by the proposed district is adequate for present and projected needs; [or]
(c) Adequate service is, or will be, available to the area through municipal annexation by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis; [or]
(d) The proposed special district is incapable of providing economic and sufficient service to the area within its proposed boundaries; [or]
(e) The area to be included in the proposed district does not have or will not have the financial ability to discharge the proposed indebtedness, other securities, or other obligations to be incurred on a reasonable basis; [or]
(f) The facility and service standards of the proposed district are incompatible with the facility and service standards of adjacent municipalities and special districts [.] ; or
(g) The proposed district is being formed for the primary purpose of financing the cost of developing private property.
2. Each such board of county commissioners may conditionally approve the service plan of a proposed district upon satisfactory evidence that it does not contravene any of the criteria enumerated in subsection 1. Final approval shall be contingent upon modification of the service plan to include such changes or additional information as shall be specifically stated in the findings of the board of county commissioners.
3. The findings of the board of county commissioners shall be based solely upon the service plan and evidence presented at the hearing by the petitioners, the planning commission and any interested party.
Sec. 7. NRS 308.070 is hereby amended to read as follows:
308.070 1. [The petitioners of a proposed special district shall file a service plan] A service plan shall be filed with the board of county commissioners of each county in which the district is located, wholly or in part, prior to [a filing of a petition for] the formation of the proposed special district. [with any board of county commissioners.] Such service plan shall be filed with the county clerk at least 10 days prior to a regular meeting of the board of county commissioners.
κ1977 Statutes of Nevada, Page 521 (CHAPTER 292, AB 163)κ
service plan shall be filed with the county clerk at least 10 days prior to a regular meeting of the board of county commissioners. At the next regular meeting of the board of county commissioners immediately following the filing of a service plan with the county clerk, the board of county commissioners shall set a date for a public hearing on the service plan of the proposed district, which hearing date shall be within 30 days thereafter.
2. The board of county commissioners shall provide written notice of the date, time and location of the hearing to:
(a) The petitioners;
(b) The county clerk of each other county in which the district is to be located, if any; and
(c) The governing body of any existing city, town or special district which has levied a general (ad valorem) property tax within the next preceding tax year and [which] has boundaries within [a radius of 3 miles of the proposed district, which] the county in which the district is located. Such governmental units [shall be] are interested parties for the purposes of the Special District Control Law.
3. The board of county commissioners shall publish legal notice of the date, time, location and purpose of such hearing in a newspaper of general circulation within the county once each week for a period of 3 successive weeks by three publications, the first of which shall be at least 20 days prior to the hearing date. Such publications [shall] constitute constructive notice to the residents and property owners within the proposed district who [shall also be] are also interested parties at the hearing.
4. If there is a county planning commission or a regional county planning commission, the service plan submitted by the petitioners for the formation of the proposed district shall be delivered by the county clerk to each such planning commission. Each such county planning commission or regional county planning commission shall study such service plan and a representative thereof shall present its recommendations consistent with the Special District Control Law to the board of county commissioners at the hearing.
5. The hearing held by the board of county commissioners shall be open to the public and a transcript of proceedings shall be made. All interested parties as defined in this section shall be afforded an opportunity to be heard under such rules of procedure as may be established by the board of county commissioners. Any testimony or evidence which in the discretion of the board of county commissioners is relevant to the formation of the proposed district shall be considered.
6. Within 20 days after the completion of the hearing, the board of county commissioners shall advise in writing [the petitioners for the formation of the proposed special district] all interested parties of its action on the service plan. If the service plan is approved as submitted, a resolution of approval shall be issued. [to the petitioners.] If the service plan is disapproved, the specific detailed reasons for such disapproval shall be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan together with the reasons for such changes, modifications or additional information shall also be set forth in writing, and the proceedings shall be continued until such changes, modifications or additional information are incorporated in the service plan.
κ1977 Statutes of Nevada, Page 522 (CHAPTER 292, AB 163)κ
forth in writing, and the proceedings shall be continued until such changes, modifications or additional information are incorporated in the service plan. Upon the incorporation of such changes, modifications, or additional information in the service plan of the proposed district, the board of county commissioners shall issue a resolution of approval. [to the petitioners.]
Sec. 8. NRS 308.080 is hereby amended to read as follows:
308.080 1. Except as otherwise subsequently provided in this section, [no petition for] the formation of a special district shall not be approved by any board of county commissioners without the resolution of approval and the service plan required by the Special District Control Law. The approved service plan and the resolution of approval [required by that law] shall be incorporated by reference in the ordinance organizing the district after there has been a compliance with all other legal procedures for the formation of the proposed district. [If the petitioners for the formation of a proposed special district fail to secure such resolution of approval from any board of county commissioners, which action on the part of such board of county commissioners] If the board of county commissioners fails to approve the service plan for any proposed special district and such failure is determined by any district court in this state for any county in which the district is located to be arbitrary, capricious or unreasonable, the court may order the formation of such district by the board of county commissioners of the county vested with jurisdiction as provided in NRS 318.050 without such resolution of approval; but [the petitioners shall file with the court] an acceptable service plan, in accordance with the provisions of the Special District Control Law, [which] shall be filed with and approved by the court and incorporated by reference in and appended to the order of the court providing for the organization of the district after there has been a compliance with all other legal procedures for the formation of the proposed district. If the service plan is approved by the board of county commissioners, any interested party as defined in subsection 2 of NRS 308.070, if such party had appeared and presented his objections before the board of county commissioners, [shall have the right] is entitled to appear and be heard at the hearing of the board of county commissioners so vested with jurisdiction [on the petition] for the organization of the district, and the district court may dismiss any pending legal proceedings contesting the failure of any board of county commissioners to approve a service plan upon a determination that the decision of the board of county commissioners was not arbitrary, capricious or unreasonable.
2. Upon final approval by a board of county commissioners for the formation of the special district, the facilities, services and financial arrangements of the district shall conform [so far as practicable] to the approved service plan.
3. After the organization of a special district pursuant to the provisions of chapter 318 of NRS, material modifications of the service plan as originally approved may be made by the board of such special district only by petition to and approval by the board of county commissioners of each county in which the district is located in substantially the same manner as is provided for the approval of an original service plan, except that the processing fee for such modification procedure shall not exceed $100.
κ1977 Statutes of Nevada, Page 523 (CHAPTER 292, AB 163)κ
plan, except that the processing fee for such modification procedure shall not exceed $100. Such modifications [shall be] are required only with regard to changes of a basic or essential nature and [shall not be] are not required for changes of a mechanical type necessary only for the execution of the original service plan.
4. A copy of the plans, specifications and contract for the acquisition of each project or improvement by a special district after its organization shall be filed with the county planning commission or regional planning commission if one exists or with the board of county commissioners if no such planning commission exists. Such plans, specifications and contracts, when filed, are available for public inspection.
5. Any unreasonable departure from the service plan as originally approved, or, if the same has been modified, then from the service plan as modified, may be enjoined at any time by a district court upon motion of any board of county commissioners from which a resolution of approval is required by the Special District Control Law, or upon the motion of any interested party. [as defined in subsection 2 of NRS 308.070.]
Sec. 9. Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 13, inclusive, of this act.
Sec. 10. 1. Whenever a board of county commissioners is the board of trustees of any district organized or reorganized pursuant to chapter 318 of NRS or is exercising any powers pursuant to NRS 244.157, the board may by ordinance establish a local district managing board for such district.
2. Such local district managing board shall consist of five members who are qualified electors of the district. The members shall be:
(a) Appointed by the board of county commissioners; or
(b) Elected by the qualified electors of the district.
3. If the local district managing board is elective, the initial appointments and subsequent elections shall be conducted in the manner provided in this chapter for trustees of a district.
4. An ordinance establishing a local district managing board shall:
(a) Provide for the compensation which members of the board are to receive for their services;
(b) Contain a recital of the powers delegated and duties assigned by the board of county commissioners to the local district managing board; and
(c) Provide that the local district managing board does not have the power to tax, issue bonds or call for an election for the issuance of bonds. All taxes shall be levied and bonds issued by the board of county commissioners as generally provided in this chapter.
5. The local district managing board may be dissolved by the board of county commissioners after notice and hearing whenever the board of county commissioners determines:
(a) The local district managing board is no longer necessary; or
(b) The services of the district can be more effectively performed by another district.
Sec. 11. 1. Upon notification by the department of taxation or upon receipt of a petition signed by 20 percent of the qualified electors of the district, that:
κ1977 Statutes of Nevada, Page 524 (CHAPTER 292, AB 163)κ
(a) A district of which the board of county commissioners is not the board of trustees is not being properly managed;
(b) The board of trustees of the district is not complying with the provisions of this chapter or with any other law; or
(c) The service plan established for the district is not being complied with,
the board of county commissioners of the county in which the district is located shall hold a hearing to consider the notification or petition.
2. The county clerk shall mail written notice to all persons who own property within the district and to all qualified electors of the district, which notice shall set forth the substance of the notification or petition and the time and place of the hearing.
3. At the place, date and hour specified for the hearing, or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all persons desiring to be heard and shall thereafter:
(a) Adopt an ordinance constituting the board of county commissioners, ex officio, as the board of trustees of such district;
(b) Adopt an ordinance providing for the merger, consolidation or dissolution of the district pursuant to NRS 318.490 to 318.510, inclusive; or
(c) Determine by resolution that management and organization of the district shall remain unchanged.
4. The department of taxation or any interested person may, within 30 days immediately following the effective date of the ordinance adopted under paragraph (a) or resolution adopted under paragraph (c) of subsection 3, commence an action in any court of competent jurisdiction to set aside the ordinance or determination. Thereafter, all actions attacking the regularity, validity and correctness of that ordinance or resolution are barred.
Sec. 12. 1. Any person residing within a district who is otherwise qualified to vote at general elections in this state may register to vote in district elections by appearing before the county clerk or registrar of voters of the county in which such district is located, completing an affidavit of registration and giving true and satisfactory answers to all questions relevant to such persons right to vote in district elections. Registration for district elections which are not held simultaneously with general elections shall close at 5 p.m. of the fifth Friday preceding such district election and registration offices shall be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before registration. As full compensation for services rendered pursuant to this subsection the county clerk or registrar of voters is entitled to receive from the district on behalf of the county the sum of 15 cents for each registration. All money so received by the county clerk or registrar of voters shall be deposited by him to the credit of the general fund of the county.
2. Within 30 days after the effective date of this act the board of trustees of each existing district shall cause to be filed with the county clerk or registrar of voters of the county in which the district is located a copy of its original official plat and changes thereto theretofore filed with the county recorder and county assessor. Upon receipt of such plats the county clerk or registrar of voters shall, at the expense of the district, prepare a list of all registered voters residing within the district.
κ1977 Statutes of Nevada, Page 525 (CHAPTER 292, AB 163)κ
prepare a list of all registered voters residing within the district. Subsequent registrations shall be added to the list as they occur.
3. Whenever a district election is required the county clerk or registrar of voters shall submit a list of all persons who have registered to vote in the district elections to the election officers who are charged with the duty of conducting the required election.
Sec. 13. In the case of a district created wholly or in part for the purpose of furnishing fire protection, the board may:
1. Acquire fire protection equipment and acquire, construct or improve fire protection facilities and make improvements necessary and incidental thereto;
2. Eliminate fire hazards existing within the district;
3. Clear public highways and private lands of dry grass, stubble, bushes, rubbish and other inflammable material which in its judgment constitutes a fire hazard;
4. Coordinate fire protection activities with the state forester firewarden and the state board of forestry and fire control; and
5. Cooperate with the state forester firewarden and the state board of forestry and fire control in formulating a statewide plan for the prevention and control of fires.
Sec. 14. NRS 318.015 is hereby amended to read as follows:
318.015 1. It is hereby declared as a matter of legislative determination that the organization of districts having the purposes, powers, rights, privileges and immunities provided in this chapter will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada; that the acquisition, improvement, maintenance and operation of any project authorized in this chapter is in the public interest and constitutes a part of the established and permanent policy of the State of Nevada; and that each district organized pursuant to the provisions of this chapter shall be a body corporate and politic and a quasi-municipal corporation. For the accomplishment of these purposes the provisions of this chapter shall be broadly construed.
2. It is hereby further declared that the provisions of this chapter are not intended to provide a method for financing the costs of developing private property.
3. It is hereby further declared as a matter of legislative determination that the notice provided for in this chapter for each hearing and action to be taken is reasonably calculated to inform the parties of all proceedings which may directly and adversely affect their legally protected interest.
Sec. 15. NRS 318.020 is hereby amended to read as follows:
318.020 As used in this chapter the following words or phrases are defined as follows:
1. Acquisition, acquire and acquiring each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.
2. Board of trustees and board alone each means the board of trustees of a district.
κ1977 Statutes of Nevada, Page 526 (CHAPTER 292, AB 163)κ
3. General improvement district and district alone each means any general improvement district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.
4. Mail means a single mailing, first class (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the designated time or event.
5. Project and improvement each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
6. Publication means publication at least once a week for 3 consecutive weeks in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication shall be at least 15 days prior to the designated time or event.
7. Qualified elector means a person who [, except for registration, is otherwise qualified to vote at general elections in this state and:
(a) Who is a resident of the district; or
(b) Who or whose spouse is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district.
Registration pursuant to the general election (or any other) statutes is not required. Residence in any particular county in the state is not required. For the purpose of voting in any election precinct or other voting division, any qualified elector who is not a resident of the district shall be deemed a resident of such election precinct or other voting division in which is located such taxable real or personal property or the larger or largest portion thereof according to its assessed valuation.] has registered to vote in district elections.
8. Special assessment district means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.
9. [Taxpaying elector means a person who, except for registration, is otherwise qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax or real or personal property within the district.
Registration pursuant to the general election (or any other) statutes is not required. Residence in any particular county is not required.
10.] Trustees means the members of a board.
Sec. 16. NRS 318.055 is hereby amended to read as follows:
318.055 1. [The organization of a district, except as otherwise provided in this chapter,] The formation of a district may be initiated by:
(a) A resolution by the board of county commissioners; or
(b) A petition 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 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.
κ1977 Statutes of Nevada, Page 527 (CHAPTER 292, AB 163)κ
organization of the district shall 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. No initiating ordinance may be adopted by the board of county commissioners if the proposed district includes lands 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 7-mile limitation; [or]
(b) A petition for annexation to or inclusion within such incorporated city or unincorporated town of such lands has first been filed with the governing body of such incorporated city or unincorporated town pursuant to law and the governing body thereof has refused to annex or include such lands and has entered the fact of such 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.
[2.] 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.
[3.] 4. The initiating ordinance shall 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 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 states in the initiating ordinance shall be any or all 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 district will be based on the boards finding:
(1) That the public convenience and necessity require the creation of such district; [and]
(2) That the creation of such district is economically sound and feasible [.] ;
(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 property owner to determine whether or not his property is within the district.
κ1977 Statutes of Nevada, Page 528 (CHAPTER 292, AB 163)κ
(e) The place and time for the hearing of the creation of the district.
[4. The provisions of subsections 1 and 3 of this section are subject to the exception that any owner of property to be located within a district may petition a board of county commissioners vested with jurisdiction as provided in NRS 318.050 for the organization of the district, subject to the provisions of the Special District Control Law.
5. The petition shall set forth:
(a) The name of the proposed district consisting of a chosen name preceding the word District, or, if the district is to exercise more than one basic power, the words General Improvement District;
(b) A statement of the basic purpose or basic purposes which the district may exercise and a general description of any improvements to be constructed or installed for the district, or of any services to be furnished by the district, or of both such improvements and such services;
(c) The estimated cost of the proposed improvements, if any;
(d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district; and
(e) A prayer for the organization of the district.
6. The board of county commissioners, in connection with any such petition, may:
(a) Adopt an initiating ordinance in conformance with the organizational petition, or such an ordinance which conforms only in part with the organizational petition; or
(b) Adopt a resolution conditionally approving the organizational petition and subject to the submission of additional information relating to, or modification of, the proposed district, as the board of county commissioners may provide.
7.] 5. The board of county commissioners may determine not to organize the district only as provided in NRS 318.060 to 318.070, inclusive.
Sec. 17. NRS 318.065 is hereby amended to read as follows:
318.065 1. Any [taxpaying elector] person who owns property which is located within the district may, on or before the date fixed, protest against the establishment of such district, in writing, which protest shall be filed with the county clerk of such county.
2. If, at or before the same time fixed in the initiating ordinance and notice, written protest is filed, signed by [51 percent or more of the taxpaying electors] a majority of the owners of property within such proposed district, the district shall not be established.
3. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than [51 percent of the taxpaying electors in] a majority of the owners of property within the district, the board of county commissioners, in its discretion but subject to the limitation provided by NRS 318.070, may proceed with the creation of the district. If the board of county commissioners does so proceed, the ordinance of the board of county commissioners creating the district, for which provision is made in this chapter, shall contain a recital [as to the percentage of protest] of the number of protests filed and such recital [shall be] is binding and conclusive for all purposes.
κ1977 Statutes of Nevada, Page 529 (CHAPTER 292, AB 163)κ
Sec. 18. NRS 318.077 is hereby amended to read as follows:
318.077 The board may elect to add basic powers not provided in its formation, in which event the board shall cause proceedings to be had by the board of county commissioners similar, as nearly as may be, to those provided for the formation of the district, and with like effect. The board shall obtain in connection with each such additional basic power a modified service plan for the district in a manner like that provided for an initial service plan required [of a petitioner] for the organization of a district in the Special District Control Law. [unless the board of county commissioners is, ex officio, the board of trustees of the district.]
Sec. 19. NRS 318.080 is hereby amended to read as follows:
318.080 1. [Except as provided in subsection 3, the board of county commissioners shall, in the ordinance creating the district, appoint five qualified electors of the district] After adopting an ordinance creating a district and before appointing the first board of trustees for the district, the board of county commissioners is, ex officio, the board of trustees for the district.
2. While acting as the board of trustees, the board of county commissioners shall establish:
(a) Accounting practices and procedures for the district;
(b) Auditing practices and procedures to be used by the district;
(c) A budget for the district; and
(d) Management standards for the district.
3. Except as provided in NRS 318.0953, after the board of county commissioners has performed the duties required by subsection 2, it shall appoint five persons to serve as the first board of trustees of the district and shall specify therein the terms of office to the 1st Monday in January next following the respective election dates provided in NRS 318.095. Except as provided in subsection 5, these persons shall be qualified electors of the district.
[2.] 4. The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of the bond.
[3.] 5. The board of county commissioners may appoint as one of the five initial trustees as provided by subsection 1 the district attorney for the county or a deputy district attorney on his staff. Such appointee need not be a qualified elector of the district, but no such attorney [shall be] is qualified for appointment to fill any vacancy on the board pursuant to NRS 318.090 [nor] or qualified as a candidate for election to the board at any biennial election pursuant to NRS 318.095 unless he is a qualified elector of the district.
[4.] 6. The board of county commissioners of the county vested with jurisdiction pursuant to NRS 318.050 [shall have the power to] may remove any trustee serving on an appointed or elected board of trustees for cause shown, on petition, hearing and notice thereof by publication and by mail addressed to the trustee.
κ1977 Statutes of Nevada, Page 530 (CHAPTER 292, AB 163)κ
trustees for cause shown, on petition, hearing and notice thereof by publication and by mail addressed to the trustee.
Sec. 20. NRS 318.095 is hereby amended to read as follows:
318.095 1. There shall be held [in conjunction] simultaneously with the first general election in the county after the creation of the district and [in conjunction] simultaneously with every general election thereafter an election to be known as the biennial election of the district. Such election shall be conducted under the supervision of the county clerk or registrar of voters in accordance with the general election laws of this state.
2. At the first biennial election in any district organized or reorganized and operating under this chapter, and each fourth year thereafter, there shall be elected by the qualified electors of the district two qualified electors as members of the board to serve for terms of 4 years; at the second biennial election and each fourth year thereafter, there shall be so elected three qualified electors as members of the board to serve for terms of 4 years.
3. No later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall, not later than 30 days before any such election, certify such nominations to the county clerk or registrar of voters of each county in which the district is located. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk [,] or registrar of voters, his name shall be placed on the ballot. Nomination is a prerequisite to election. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the [board] county clerk or registrar of voters may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidates receiving the most votes shall be elected.
4. Any new member of the board shall qualify in the same manner as members of the first board qualify.
Sec. 21. NRS 318.0952 is hereby amended to read as follows:
318.0952 1. Notwithstanding the provisions of NRS 318.0951, trustees may be elected in the alternate manner [hereafter] provided in this section from district trustee election areas.
2. Within 30 days prior to May 1 of any year in which a general election is to be held in the state, 10 percent or more of the qualified electors of the district voting at the next prior biennial election of the district may file a written petition with the board of county commissioners of the county vested with jurisdiction under NRS 318.050 praying for the creation of district trustee election areas within the district in the manner provided in this section. The petition shall specify with particularity the five district trustee election areas proposed to be created. The description of the proposed district trustee election areas need not be given by metes and bounds or by legal subdivisions, but shall be sufficient to enable a person to ascertain what territory is proposed to be included within a particular district trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall make oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
κ1977 Statutes of Nevada, Page 531 (CHAPTER 292, AB 163)κ
make oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of such notice shall be a proper charge against the district fund.
4. If, as a result of the public hearing, the board of county commissioners finds that the creation of district trustee election areas within the district is desirable, the board of county commissioners shall, by resolution regularly adopted prior to June 1, divide the district into the district trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each district trustee election area shall be contiguous. One trustee shall be elected from each district trustee election area by a majority of the qualified electors voting on the candidates for any vacancy for such area as provided in subsection 7.
5. Prior to June 1 and immediately following the adoption of the resolution creating district trustee election areas within a district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the secretary of the district.
6. Upon the creation of district trustee election areas within a district the terms of office of all trustees then in office shall expire on the 1st Monday of January thereafter next following a biennial election. At the biennial election held following the creation of district trustee election areas within a district, district trustees to represent the odd-numbered district trustee election areas shall be elected for terms of 4 years and district trustees to represent the even-numbered district trustee election areas shall be elected for terms of 2 years. Thereafter, at each biennial election, the offices of trustees shall be filled for terms of 4 years in the order in which the terms of office expire.
7. Candidates for election as a trustee representing any district trustee election area shall be elected only by those qualified electors of the district residing in the district trustee election area. [and by such nonresident electors of the district who or whose respective spouses are obligated to pay general (ad valorem) property taxes as an owner or contract purchaser of property located in such district trustee election area.] No qualified elector [shall be] is entitled to vote in more than one district trustee election area at any one time. [, nor may a nonresident qualified elector of the district change the district trustee election area in connection with which he may vote unless neither he nor his spouse is any longer so obligated to pay taxes on property located therein.]
8. A candidate for the office of trustee of a district in which district trustee election areas have been created shall be a qualified elector of the district and shall be a resident of the district trustee election area which he seeks to represent. [, or, if he is a nonresident of the district, he or his spouse shall be obligated to pay general (ad valorem) property taxes as an owner or contract purchaser of property located in such district trustee election area and is entitled to vote therein.]
κ1977 Statutes of Nevada, Page 532 (CHAPTER 292, AB 163)κ
he or his spouse shall be obligated to pay general (ad valorem) property taxes as an owner or contract purchaser of property located in such district trustee election area and is entitled to vote therein.]
9. District trustee election areas may be altered or abolished in the same manner as [herein] in this section provided for the creation of district trustee election areas and the election of trustees therefor.
Sec. 22. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners shall be, and in counties with a population of less than 200,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
2. The board of county commissioners of any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
(a) Is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.
3. A board of county commissioners may exercise the options provided in subsections 1 and 2 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within such 30-day period the county clerk shall cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
4. When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
κ1977 Statutes of Nevada, Page 533 (CHAPTER 292, AB 163)κ
following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.
(d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
(e) No member of the board of county commissioners may be removed from the office of trustee under [the authority of subsection 4 of] NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.
(f) The regular place of meeting of the board need not be within the corporate limits of the district but shall be within the corporate limits of the county and shall be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
(g) The times of regular meetings of the board shall be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
(h) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
(i) The office or principal place of the district need not be located within the corporate limits of the district and shall be the office of the county clerk unless the board otherwise provides by resolution.
Sec. 23. NRS 318.116 is hereby amended to read as follows:
318.116 Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by law:
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;
3. Furnishing public cemetery facilities or services, as provided in NRS 318.119;
4. Furnishing swimming pool facilities, as provided in NRS 318.1191;
5. Furnishing television facilities, as provided in NRS 318.1192;
6. Furnishing street and alley facilities, as provided in NRS 318.120;
7. Furnishing curb, gutter and sidewalk facilities, as provided in NRS 318.125;
8. Furnishing sidewalk facilities, as provided in NRS 318.130;
κ1977 Statutes of Nevada, Page 534 (CHAPTER 292, AB 163)κ
9. Furnishing storm drainage facilities, as provided in NRS 318.135;
10. Furnishing sanitary sewer facilities, as provided in NRS 318.140;
11. Furnishing street lighting facilities, as provided in NRS 318.141;
12. Furnishing garbage and refuse collection and disposal facilities, as provided in NRS 318.142;
13. Furnishing recreation facilities, as provided in NRS 318.143;
14. Furnishing water facilities, as provided in NRS 318.144; [and]
15. Furnishing fencing facilities, as provided in NRS 318.1195 [.] ; and
16. Furnishing fire protection facilities, as provided in section 13 of this act.
Sec. 24. NRS 318.275 is hereby amended to read as follows:
318.275 1. Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:
[1.] (a) Short-term notes, warrants and interim debentures.
[2.] (b) General obligation bonds.
[3.] (c) Revenue bonds.
[4.] (d) Special assessment bonds.
2. The board of trustees of a district shall not borrow money or issue securities to evidence such borrowing unless the board has obtained the approval of the general obligation bond commission of the county in which the district is located.
3. The board of trustees of a district shall not forward a resolution authorizing short-term financing to the executive director of the department of taxation unless such financing is approved by the commission.
Sec. 25. NRS 318.290 is hereby amended to read as follows:
318.290 1. Subject to the provisions of NRS 350.001 to 350.006, inclusive, whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such obligations or bonds or creating other indebtedness to the qualified electors of the district at an election held for that purpose in the manner provided by NRS 350.020 to 350.070, inclusive, [except registration of electors is not required and no notice for registration of electors shall be given, and] except as otherwise provided in this chapter.
2. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.
3. The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefore, and the maximum rate of interest to be paid on such indebtedness.
κ1977 Statutes of Nevada, Page 535 (CHAPTER 292, AB 163)κ
(b) Fix the date upon which such election shall be held and the manner of holding [the same] it and the method of voting for or against the incurring of the proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, three officers of such election, one of whom shall act as clerk.
Sec. 26. NRS 318.495 is hereby amended to read as follows:
318.495 1. Any [taxpaying elector] person who owns property which is located within the district may, on or before the date fixed, protest against the dissolution, merger or consolidation of such district, in writing, which protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed by the ordinance and notice, written protest [shall be] is filed signed by [51 percent or more of the taxpaying electors] a majority of the owners of property within the district, the district shall not be dissolved, merged or consolidated. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than [51 percent of the taxpaying electors of] a majority of the owners of property within the district, the board may, if it so determines, complete the dissolution, merger or consolidation by the adoption of a final ordinance of dissolution, which ordinance shall contain a recital [as to the percentage of] of the protests, and such recital [shall be] is binding and conclusive for all purposes.
Sec. 27. NRS 318.510 is hereby amended to read as follows:
318.510 1. All property and all funds remaining in the treasury of any district shall be:
(a) Surrendered and transferred to the county in which the district exists and shall become a part of the general fund of the county, if such district is dissolved;
(b) Transferred to the governmental unit which assumes its obligations and functions, if such district is merged; or
(c) Transferred to the consolidated governmental unit, if such district is consolidated.
2. All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved district shall be valid and remain a lien against the property against which they are assessed or levied until paid, subject, however, to the limitations of liens provided by general law. Taxes and special assessments paid after dissolution shall be placed in the general fund of the county in which the property was assessed.
3. The board of county commissioners [shall have] has the same power to enforce the collection of all outstanding tax sales of the district as the district [would have] had if it had not been dissolved, merged or consolidated and the same powers to enforce the collection of special assessments.
4. If any area comprising the district or portion thereof is annexed to a city or town within 6 months from the effective date of the dissolution ordinance, a pro rata share of all such property and funds shall be transferred to the municipality.
5. If any area comprising the district or portion thereof is not annexed to a city or town within 6 months from the effective date of the dissolution ordinance, the board of county commissioners shall pay to the owners of property located within the former district pro rata shares of the money remaining in the treasury of the district, and an amount of money equal to the value of any property which is not used for the benefit of the area formerly comprising the district.
κ1977 Statutes of Nevada, Page 536 (CHAPTER 292, AB 163)κ
annexed to a city or town within 6 months from the effective date of the dissolution ordinance, the board of county commissioners shall pay to the owners of property located within the former district pro rata shares of the money remaining in the treasury of the district, and an amount of money equal to the value of any property which is not used for the benefit of the area formerly comprising the district. The board of county commissioners may, before paying such money, apply a proportionate amount of such payment to any special assessments which are due and payable.
Sec. 27.5. NRS 234.250 is hereby amended to read as follows:
234.250 1. [Notwithstanding any other provision] In addition to any other requirement of law, each local government, as defined in NRS 354.474, shall file a copy of its official plat with:
(a) The county recorder, the county clerk or the registrar of voters, and the county assessor of each county in which its territory or any part thereof is situated.
(b) The department of taxation.
2. All changes in boundaries made subsequent to the original filing and recording of such plat shall be recorded and filed immediately with the offices with which copies of the original plat were filed.
3. Until a local government complies with the requirements of subsections 1 and 2 it shall not levy or receive any ad valorem or other tax or any other mandatory assessment.
4. This section applies to all local governments receiving and expending funds on behalf of the public, regardless of their designation.
Sec. 28. NRS 244.157 is hereby amended to read as follows:
244.157 1. Subject to the conditions imposed in subsection 2, the board of county commissioners of any county of this state [has the power to make any improvement] may exercise any of the powers in any unincorporated area within its county that a board of trustees of any general improvement district, if organized, would be permitted to [make] exercise pursuant to the provisions of chapter 318 of NRS.
2. A board of county commissioners may [make improvements] exercise the powers authorized under subsection 1 only upon compliance with the same procedures that a board of trustees of a general improvement district would be required to follow for the same class of improvements within an improvement district. This subsection does not apply if the exercise of powers authorized under subsection 1 is required by a federal law or a regulation issued thereunder.
Sec. 29. NRS 332.015 is hereby amended to read as follows:
332.015 For the purpose of this chapter local government means:
1. Every political subdivision or other entity which has the right to levy or receive moneys from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, [540,] 541, [542,] 543 and 555 of NRS.
2. The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.
3. County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244.640 to 244.78016, inclusive.
κ1977 Statutes of Nevada, Page 537 (CHAPTER 292, AB 163)κ
4. District boards of health created pursuant to the provisions of NRS 439.370 to 439.410, inclusive.
Sec. 30. NRS 350.002 is hereby amended to read as follows:
350.002 1. There is hereby created in each county a general obligation bond commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
(a) In each county which contains more than one incorporated city or town:
(1) One representative of the city or town in which the county seat is located;
(2) One representative of the other incorporated cities or towns jointly; and
(3) One representative of the public at large.
(b) In each county which contains but one incorporated city or town:
(1) One representative of the incorporated city or town; and
(2) Two representatives of the public at large.
(c) In each county which contains no incorporated city or town, one representative of the public at large.
(d) In each county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.
2. In Carson City, there is hereby created a general obligation bond commission, to be composed of one representative of the board of supervisors, one representative of the school district, one representative of general improvement districts and [three] two representatives of the public at large.
3. Each representative of a single local government shall be chosen by its governing body. Each representative of two or more local governments shall be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts shall be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large shall be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote shall be resolved by lot.
4. [The first members of the commission shall be chosen within 30 days following July 1, 1965, and shall serve until December 31, 1966. Their respective successors shall be chosen in January of each odd-numbered year beginning in 1967, and shall hold office for a term of 2 years beginning January 1,] Members of the commission or their successors shall be chosen in January of each odd-numbered year and shall hold office for a term of 2 years beginning January 1, except the representatives of incorporated cities or towns, who shall be chosen after elections are held in the cities or towns but prior to the annual meeting of the commission.
5. Any vacancy shall be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 31. NRS 350.003 is hereby amended to read as follows:
350.003 1. [The first commissioners appointed shall meet during the month of August 1965, at the call of the chairman of the board of county commissioners, to organize by selecting a chairman and vice chairman.
κ1977 Statutes of Nevada, Page 538 (CHAPTER 292, AB 163)κ
county commissioners, to organize by selecting a chairman and vice chairman. Thereafter, each] The commission shall meet during the month of February of each odd-numbered year, to organize [in like manner.] by selecting a chairman and vice chairman. The county clerk [shall be] is ex officio the secretary of the commission.
2. In addition to the organization meeting, each commission shall meet annually in July of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.004 and 350.005.
3. A majority of the members [shall constitute] constitutes a quorum for all purposes.
Sec. 32. NRS 350.0035 is hereby amended to read as follows:
350.0035 Each governing body of a political subdivision [which has issued or contemplates issuing general obligation bonds] and each board of trustees of a general improvement district shall submit to the commission, at least 30 days prior to its annual meeting in July, a complete statement of current and contemplated general obligation debt and a report of current and contemplated [bond issuance] debt and special assessments and retirement schedules [.] , in the detail and form established by the department of taxation.
Sec. 33. NRS 350.004 is hereby amended to read as follows:
350.004 1. Before any proposal to issue general obligation bonds may be submitted to the electors of a county, [incorporated] city, [or town, unincorporated city or] town, school district, or other district or political subdivision (excluding the state) pursuant to this chapter or [chapter] chapters 318 and 387 of NRS or any other law, or before any other formal action may be taken preliminary to the issuance of any general obligation bonds, their proposed issuance must receive the favorable vote of a majority of the members of the general obligation bond commission of the county in which it is situated. In the case of a school district or other district embracing all or part of two or more counties, the proposal must receive such favorable vote in the county or counties in which a majority of its assessed valuation is situated.
2. Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS borrows money or issues securities other than general obligation bonds to evidence such borrowing, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the general obligation bond commission of the county in which it is situated. In the case of a district embracing all or part of two or more counties, the proposal must receive such favorable vote in the county or counties in which a majority of its assessed valuation is situated.
Sec. 34. NRS 350.005 is hereby amended to read as follows:
350.005 1. The governing body of the political subdivision (excluding the state) proposing to issue general obligation bonds and the board of trustees of a general improvement district proposing to borrow money and issue other securities pursuant to NRS 318.275 shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall thereupon, within 10 days, give notice of a meeting to be held not less than 10 nor more than 20 days thereafter.
κ1977 Statutes of Nevada, Page 539 (CHAPTER 292, AB 163)κ
thereupon, within 10 days, give notice of a meeting to be held not less than 10 nor more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting.
2. The commission may grant a conditional or provisional approval of [bond issues.] such proposal. Such conditions or provisions are limited, however, to the scheduling of the issuance and retirement of [bonds.] securities. The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal shall be sent to the governing body within 3 days after the meeting.
3. A proposal which has been disapproved may not be resubmitted until after the expiration of 90 days from the date of the meeting.
Sec. 35. NRS 350.0051 is hereby amended to read as follows:
350.0051 In determining whether to approve or disapprove a proposal to [issue bonds,] incur debt, the commission shall not undertake to determine whether the purpose for which it is proposed to [issue such bonds] incur the debt is a public purpose or meets a public need. The commission shall consider, but is not limited to, the following criteria:
1. The amount of debt outstanding on the part of the political subdivision proposing to [issue the bonds.] incur the debt.
2. The effect of the tax levy required for [debt] service on the proposed [general obligation bonds] debt upon the ability of the political subdivision proposing to issue the bonds and of other political subdivisions to raise revenue for operating purposes.
3. The anticipated need for other [bond issues] incurrences of debt be the political subdivision proposing to [issue the bonds] incur the debt and other political subdivisions whose tax-levying powers overlap, as shown by the county or regional master plan, if any, and by other available information.
4. The public need to be served by the proceeds of the proposed [bond issue,] debt, as compared to other demands, both operational and capital, to be met from available and anticipated tax and other revenues.
Sec. 36. NRS 350.0052 is hereby amended to read as follows:
350.0052 The commission has the power, with the consent of the political subdivision which proposes to [issue general obligation bonds,] incur a debt, to contract for or employ accountants and financial consultants to evaluate any [proposed bond issue] proposal which it must approve or disapprove. The cost of such services shall be paid by the consenting political subdivision which proposes to [issue the general obligation bonds.] incur the debt.
Sec. 37. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsection 2, the provisions of NRS 354.470 to 354.626, inclusive, shall apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, local government means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 474, [540,] 541, [542,] 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
κ1977 Statutes of Nevada, Page 540 (CHAPTER 292, AB 163)κ
543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax is required to comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
Sec. 38. Chapter 474 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A fire protection district organized pursuant to this chapter may reorganize as a district created wholly or in part for the purpose of furnishing fire protection facilities pursuant to chapter 318 of NRS.
2. Such reorganization may be initiated by:
(a) A petition signed by a majority of the owners of property located within the district; or
(b) A resolution of the board of county commissioners of the county in which the district is located.
3. If the board of county commissioners determines, after notice and hearing, that such reorganization is feasible and in the best interests of the county and the district, the board of county commissioners shall adopt an ordinance reorganizing the district pursuant to chapter 318 of NRS.
4. All debts, obligations, liabilities and assets of the former district shall be assumed or taken over by the reorganized district.
Sec. 39. NRS 318.150, 540.010 to 540.790, inclusive, 542.010 to 542.090, inclusive, and 543.840 are hereby repealed.
Sec. 40. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 541κ
Assembly Bill No. 165Committee on Government Affairs
CHAPTER 293
AN ACT relating to general improvement districts; exempting certain districts from the jurisdiction of the public service commission of Nevada; providing for the filing of liens; requiring the extension of a districts facilities under certain conditions; establishing a method of determining payment when facilities are extended; allowing a board of trustees to commence foreclosure proceedings if special assessment installment is delinquent; and providing other matters properly relating thereto.
[Approved April 29, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of trustees of any district organized or reorganized under this chapter and authorized to furnish sanitary sewer facilities pursuant to NRS 318.140 or to furnish water facilities pursuant to NRS 318.144 shall establish schedules showing all rates, tolls or charges for services performed or products furnished.
2. Whenever the board of trustees proposes to change any individual or joint rate, toll, charge, service or product, or any individual or joint practice which will affect any rate, toll, charge, service or product, the board of trustees shall hold public hearings after 30 days notice has been given to all users of the service or product within the district.
3. Notice shall be given by publication in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state which has a general circulation in the county. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear and the type used in the headline of such notice shall not be smaller than 18 point.
4. All users of the service or product shall be afforded a reasonable opportunity to submit data, views or arguments orally or in writing at the place, date and time specified in the notice, or at any subsequent place or time to which the hearing may be adjourned.
5. If, after public hearing, the board of trustees determines that the proposed action is required, the board shall adopt a resolution establishing the new or changed rates, tolls, charges, services to be performed or products to be furnished.
6. Within 30 days immediately following the effective date of such resolution, any person who has protested it may commence an action in any court of competent jurisdiction to set aside the resolution.
7. Within 30 days after the effective date of the resolution, the secretary of the district shall file a copy of the new schedules in the office of the district. The schedules shall be made available to any user of the service or product.
Sec. 2. NRS 318.140 is hereby amended to read as follows:
318.140 [1.] In the case of a district created wholly or in part for acquiring sanitary sewer improvements, the board [shall have the power:
(a) to construct,] may:
κ1977 Statutes of Nevada, Page 542 (CHAPTER 293, AB 165)κ
1. Construct, reconstruct, improve, extend or better the sanitary sewer system or any part thereof, including, without limiting the generality of the foregoing, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.
[(b) To sell] 2. Sell any product or byproduct thereof and [to] acquire the appropriate outlets within or without the district and [to] extend the sewerlines of the district thereto.
[2. Notwithstanding any other provision of this chapter, each district exercising the power granted in this section shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020, except for any district governed by a board of county commissioners acting, ex officio, as the board of trustees of the district.]
Sec. 3. NRS 318.144 is hereby amended to read as follows:
318.144 [1.] The board [shall have the power to] may acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.
[2. Notwithstanding any other provision of this chapter, each district exercising the power granted in this section shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020, except for:
(a) Any district governed by a board of county commissioners acting, ex officio, as the board of trustees of the district.
(b) Any contract or agreement between the board and a board of county commissioners for the supplying of water by the district to county buildings or facilities.]
Sec. 4. NRS 318.200 is hereby amended to read as follows:
318.200 1. [Subject to the provisions of NRS 318.140 and 318.144, the board shall have the power to] The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, sewer, water, lighting, garbage or refuse rates, tolls or charges (other than special assessments), including but not necessarily limited to service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and [to] pledge such revenue for the payment of any indebtedness or special obligations of the district.
2. [Until] Upon compliance with subsection 9 and until paid, all rates, tolls or charges [shall] constitute a perpetual lien on and against the property served, and such perpetual lien [shall be] is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments, and not subject to extinguishment by the sale of any property on account of nonpayment of any such liens, claims and titles including the liens of general taxes and special assessments, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered or certified first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.
κ1977 Statutes of Nevada, Page 543 (CHAPTER 293, AB 165)κ
after notice thereof by publication and by registered or certified first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.
3. The board shall prescribe and enforce [rules and] regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.
4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to:
(a) The granting of discounts for prompt payments of bills.
(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 years charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used; but in case of nonpayment of all or part of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and cost of collection.
(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.
5. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each months charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the 1st day of the calendar month following the date of payment specified in the bill the charge [shall become] becomes delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. It may provide for collection of the penalties provided for in this section.
6. The board may provide that charges for any service shall be collected together with and not separately from the charges for any other service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.
7. The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by such person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by any such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.
8. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
κ1977 Statutes of Nevada, Page 544 (CHAPTER 293, AB 165)κ
9. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll of the county in which the property is located.
(b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;
(c) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and
(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 5. NRS 318.202 is hereby amended to read as follows:
318.202 1. [The board shall have the power] Subject to section 1 of this act, the board may by resolution:
(a) [To fix] Fix fees or charges for the privilege of connecting to its water, drainage or sewerage facilities;
(b) [To fix] Fix the time or times at which such fees or charges shall become due;
(c) [To provide] Provide for the payment of such fees or charges prior to connection or in installments over a period of not to exceed 15 years; and
(d) [To provide] Provide the rate of interest, not to exceed 6 percent per annum, to be charged on the unpaid balance of such fees or charges.
2. The amount of such fees or charges and the interest thereon [shall constitute] constitute a lien against the respective lots or parcels of land to which the facilities are connected [. Prior to making such fees or charges a lien against the land, the board shall give] if the board complies with subsection 9 and gives notice to the owners of the lots or parcels of land affected.
3. The notice shall set forth:
(a) The schedule of fees or charges to be imposed.
(b) A description of the property subject to such fees or charges, which description may be as provided in subsection 3 of NRS 318.201.
(c) The time or times at which such fees or charges shall become due.
(d) The number of installments in which such fees or charges shall be payable.
(e) The rate of interest, not to exceed 6 percent per annum, to be charged on the unpaid balance of such fees or charges.
(f) That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.
(g) The time and place at which the board will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.
4. The notice shall be published once a week for 2 weeks prior to the date set for hearing. At least 10 days prior to the date of hearing, written notice [thereof] shall be mailed to all persons owning land subject to such fees or charges, whose names and addresses appear on the last equalized assessment roll.
5. At the time stated in the notice the board shall hear and consider all objections or protests, if any, to the imposition of the fees or charges as set forth in the notice and may continue the hearing from time to time.
κ1977 Statutes of Nevada, Page 545 (CHAPTER 293, AB 165)κ
all objections or protests, if any, to the imposition of the fees or charges as set forth in the notice and may continue the hearing from time to time.
6. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify the fees or charges or may overrule any or all objections and make its determination, which determination [shall be] is final.
7. Prior to the time the county treasurer posts taxes to the county tax roll following such final determination, the board shall certify to the county auditor a list of the lots or parcels of land, as they appear on the current assessment roll, subject to such fees or charges and the amounts of the installments of such fees or charges and interest to be entered against such lots or parcels on the assessment roll. If a lot or parcel connected to the facilities is subsequently divided into two or more lots or parcels as shown on the current assessment roll, the board shall designate the lot or parcel that remains connected to the facilities and against which the installments of the fees or charges and interest are to be entered.
8. The county treasurer shall annually collect the charges or the respective installments thereof as provided in subsections 10 to 13, inclusive, of NRS 318.201.
9. A lien against the respective lots or parcels of land to which the facilities are connected is not effective until a notice of the lien, separately prepared for each lot or parcel, is:
(a) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;
(b) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and
(c) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 6. NRS 318.258 is hereby amended to read as follows:
318.258 The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:
1. The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.
2. The petition shall:
(a) Set forth an accurate legal description of the property owned by the petitioners.
(b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.
(c) Be acknowledged in the same manner required for a conveyance of land.
3. There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.
4. The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitions. The board shall grant or deny the petition and the action of the board [shall be] is final and conclusive.
κ1977 Statutes of Nevada, Page 546 (CHAPTER 293, AB 165)κ
be] is final and conclusive. If the petition is granted as to all or any of the real property therein descried, the board shall make an order to that effect, and file [the same] it for record as provided in NRS 318.075.
5. If the costs of extending the facilities of the district are paid by the property owners of the area to be included within the district, these property owners are entitled to receive any money charged and collected by the district when additional property owners utilize the facilities which were extended.
6. The board of trustees of the district shall pay to the property owners pro rata shares of the money charged and collected.
[5.] 7. After the date of its inclusion in such district, such property [shall be] is subject to all of the taxes and charges imposed by the district, and [shall be] is liable for its proportionate share of existing general obligation bonded indebtedness of the district; but it [shall not be] is not liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge with the board may fix and uniformly assess [subject to the review and approval of the public service commission of Nevada] and the tolls and charges which are uniformly made, assessed or levied for the entire district. Such charges shall be computed in such a manner as not to place a new charge against the district members nor penalize the area annexed.
[6.] 8. In any district within the region of any interstate compact relating to planning, when any petition for the inclusion of property into any district is denied, the petitioner may appeal the denial to the [public service commission of Nevada,] board of county commissioners of the county in which such district is located, which shall review such denial and may, in its discretion, order that such property be included in the district.
9. The board of county commissioners of any county in which a district is located may by ordinance require the district to include additional real property within its boundaries if:
(a) The inclusion is required by a federal law or regulation issued thereunder;
(b) The district can provide the services required by the owners of the real property; and
(c) The owners of the real property pay the costs of providing the facilities.
Sec. 7. NRS 318.425 is hereby amended to read as follows:
318.425 1. All special assessments, except such installments thereof as the board makes payable at a future time, as provided in NRS 318.420, [shall be] are due and payable on confirmation.
2. Failure to pay an installment provided for in NRS 318.420 when due, whether principal or interest, ipso facto causes the whole amount of the unpaid principal to become due and payable at the option of the board of trustees. The exercise of such option is shown by the commencement of foreclosure proceedings or suit against the owner or occupant.
3. If the board commences foreclosure proceedings the owner of the property may, at any time prior to the day of sale, pay the amount of delinquent installments with accrued interest, all penalties and costs of collection accrued, including attorneys fees, and be restored to the right to pay installments in the same manner as if default had not been made.
κ1977 Statutes of Nevada, Page 547 (CHAPTER 293, AB 165)κ
collection accrued, including attorneys fees, and be restored to the right to pay installments in the same manner as if default had not been made.
Sec. 8. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all funds and separate accounts in banks or savings and loan associations, established under NRS 354.603, of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit shall be concluded and the audit report submitted to the governing body as provided in subsection 4 not later than 5 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for such extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.
2. The governing body may, without requiring competitive bids, designate such accountant or firm annually. The accountant or firm shall be designated not later than 3 months prior to the close of the fiscal year for which the audit is to be made.
3. Each annual audit shall cover the business of the local government during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the department of taxation, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.
4. The recommendation and the summary of the narrative comments of the audit report shall be read in full at a meeting of the governing body held not more than 15 days after the report is submitted. Immediately thereafter, the entire audit report shall be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The department of taxation; and
(d) In the case of school districts, the state department of education. [; and
(e) In the case of general improvement districts subject to the jurisdiction of the public service commission of Nevada pursuant to NRS 318.140 and 318.144, to the commission.]
5. The governing body shall act upon the audit recommendations by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.
κ1977 Statutes of Nevada, Page 548 (CHAPTER 293, AB 165)κ
adopt them with modifications or to reject them for reasons shown in the minutes. Such action shall be taken within 6 months following receipt of the audit.
Sec. 9. NRS 704.033 is hereby amended to read as follows:
704.033 1. The commission shall levy and collect an annual assessment from all public utilities [and general improvement districts] subject to the jurisdiction of the commission.
2. The annual assessment shall be not more than 4 mills on each dollar of gross operating revenue derived from the intrastate operations of such utilities [and improvement districts] in the State of Nevada, except that the minimum assessment in any 1 year shall be $10. The gross operating revenue of such utilities shall be determined for the preceding calendar year. [The gross operating revenue of a general improvement district shall be determined for the preceding fiscal year.] In the case of:
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads and airlines, such revenue shall be deemed to be revenue received only from freight and passenger intrastate movements.
(c) All public utilities, [and general improvement districts,] such revenue shall not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 640Committee on Commerce
CHAPTER 294
AN ACT relating to the governor; providing certain powers and prescribing certain duties in the event of a water or energy emergency; providing penalties; and providing other matters properly relating thereto.
[Approved April 29, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The purpose of this chapter is to meet effectively water and energy emergencies by providing for conservation, efficient utilization, production and allocation of water and energy in ways which will:
1. Carry out as necessary, national water and energy policies under federal water and energy laws;
2. Maintain vital services necessary for the peace, health, safety and welfare of the people of this state;
3. Promote the most efficient use of water and energy;
4. Lessen adverse impacts upon employment in and the economy and environment of this state;
κ1977 Statutes of Nevada, Page 549 (CHAPTER 294, AB 640)κ
5. Ensure to the extent reasonably possible equitable treatment of all regions of the state and all sectors of the economy, consistent with other necessary considerations; and
6. Promote and protect the interests of this state in the course of decisions to be made and actions to be taken under federal water and energy laws.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Energy means energy derived from crude oil, residual fuel oil, refined petroleum products, coal, natural and artificial gas, propane and electricity.
2. Regulation includes every rule, standard, directive or statement of general applicability that carries out or interprets law or policy or describes the organization, procedure or practice requirements of any state agency or political subdivision of the state.
3. State agency means every public agency, bureau, board, commission, department, division, officer or employee of the executive department of state government.
Sec. 4. The governor or his designee may:
1. Collect and compile information concerning current, past and future sources, users and supplies of water and energy in this state.
2. Devise contingency plans that provide for conserving, allocating, using, increasing the supply or taking whatever steps are necessary to prevent a water or energy emergency, or in the event of a water or energy emergency, to ensure the fairest and most advantageous use of water or energy or of any water or energy source or supply for the benefit of all the people of this state.
3. Prepare reports explaining the purposes and projected economic impact of the proposed contingency plans and indicating those areas in which the plans are inconsistent with any existing rule, order, plan or regulation of any state agency or political subdivision of the state.
4. Serve as liaison with the Federal Government and other states on water and energy matters.
5. Keep current information on all requirements, alternatives and other existing and proposed actions and policies of the Federal Government concerning water and energy.
Sec. 5. The governor or his designee may:
1. Request any state agency or political subdivision of the state to supply any information in its possession or readily accessible to it concerning the use, supply, source, allocation or distribution of water or energy.
2. Request any business, industry, trade association or other organization or person doing business or representing persons doing business in this state to supply any information in their possession or that can reasonably be assumed to be readily accessible to them concerning the use, supply, source, allocation or distribution of water or energy.
3. Issue a subpena to any officer or agent of any such public or private entity to appear before him and give oral testimony or produce any relevant book, paper, account, memorandum or record as was requested under subsection 1 or 2 and as may be necessary to deal with any actual or impending water or energy emergency in this state.
4. Enter into contracts for consulting or other services and take any other actions as are necessary to carry out the purposes of this chapter.
κ1977 Statutes of Nevada, Page 550 (CHAPTER 294, AB 640)κ
Sec. 6. 1. The governor may, by proclamation, declare a water or energy emergency, or impending water or energy emergency, whenever he determines that:
(a) The President of the United States or Congress has declared that an actual or impending water or energy emergency exists in this state or elsewhere in the United States; or
(b) The health, safety and welfare of the citizens of this state is threatened by reason of an actual or impending acute shortage in usable water or energy resources.
A determination under this paragraph shall not be made unless reasonable notice and an opportunity for a hearing is afforded the citizens in the geographical area of the state affected.
2. A copy of the proclamation shall be filed with the secretary of state.
Sec. 7. Upon the proclamation of a water or energy emergency under this chapter, the governor may:
1. Issue, amend or rescind any regulation or order designed to alleviate or manage in an orderly manner the water or energy emergency including without limitation the regulation as necessary of the allocation, conservation or use of water or energy during the emergency. Any regulation or order so issued or amended has the full force of law within the geographical area specified in the proclamation.
2. Amend or suspend any regulation of any state agency or political subdivision of the state if the governor determines that the action is necessary to lessen the adverse impact of the water or energy emergency on the people of this state.
3. Utilize the services, equipment, supplies and facilities of any state agency or political subdivision of the state to the greatest extent practicable and necessary to meet the water or energy emergency. The officers and employees of all state agencies and political subdivisions of the state shall cooperate with and extend such services and facilities to the governor upon request.
Sec. 8. 1. Any information furnished under section 5 of this act and designated as confidential by the person providing the information shall be maintained as confidential by the governor and any other person who obtains information which he knows to be confidential under this section.
2. The governor shall not make known in any manner any particulars of the information to any person other than those he designates in writing as having a need to know such information.
3. No subpena or other judicial order may be issued compelling the governor or any other person to divulge or make known the confidential information, except when the information is relevant to proceedings under subsection 6.
4. Nothing in this section prohibits use of confidential information to prepare statistics or other general data for publication in such a manner that the identity of particular persons or business establishments is protected.
5. Any person or business establishment who is served with a subpena to give oral testimony or to produce any book, paper, correspondence, memorandum, account, agreements or other document or record pursuant to this chapter may apply to any district court for a protective order as provided by Rule 26 of the Nevada Rules of Civil Procedure.
κ1977 Statutes of Nevada, Page 551 (CHAPTER 294, AB 640)κ
protective order as provided by Rule 26 of the Nevada Rules of Civil Procedure.
6. In addition to any other penalties provided by law, a person who willfully discloses confidential information in violation of this section is subject to removal from office or immediate dismissal from public employment.
Sec. 9. 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 section 7 of this act.
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 ay a final decision under this section is entitled to judicial review of the decision as provided by law.
Sec. 10. 1. Notice of any official action taken by the governor pursuant to section 6 or subsection 1 or 2 of section 7 of this act, including a proclamation of a water or energy emergency or the issuance, amendment, suspension or rescission of any regulation or order, shall be filed with the secretary of state.
2. The official action shall be effective for a period of not more than 120 days after the date of filing unless the action is rescinded by the governor before such expiration date.
3. The governor shall cause widespread publicity to be given to the filing of the notice of official action.
4. Nothing in this section prohibits the governor from issuing a new declaration of a water or energy emergency upon the expiration of a prior declaration when such an emergency or the threat of an imminent emergency continues to exist.
Sec. 11. 1. Any person who violates any regulation or order issued by the governor pursuant to this chapter is guilty of a misdemeanor.
2. In addition to any other penalties which may be imposed pursuant to this section, any person who violates any such regulation or order issued by the governor is liable for a civil penalty of not more than $1,000.
3. Each day of violation shall be considered a separate offense.
Sec. 12. NRS 233B.100 is hereby amended to read as follows:
233B.100 1. Any interested person may petition an agency requesting the adoption, filing, amendment or repeal of any regulation and shall accompany his petition with relevant data, views and arguments. Each agency shall prescribe by regulation the form for such petitions and the procedure for their submission, consideration and disposition. Upon submission of such a petition, the agency shall within 30 days either deny the petition in writing, stating its reasons, or initiate regulation-making proceedings in accordance with NRS 233B.060.
2. Any regulation of any agency is subject to amendment or suspension by the governor pursuant to the provisions of section 7 of this act.
κ1977 Statutes of Nevada, Page 552 (CHAPTER 294, AB 640)κ
Sec. 13. NRS 284.150 is hereby amended to read as follows:
284.150 1. The classified service of the State of Nevada [shall be] is comprised of all positions in the public service now existing or hereafter created which are not included in the unclassified service, and which provide services for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law and supported in whole or in part by any public funds, whether the public funds are funds received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
2. Appointments in the classified service shall be made according to merit and fitness from eligible lists prepared upon the basis of examination, which shall be open and competitive, except as otherwise provided in this chapter.
3. No person [shall] may be appointed, transferred, promoted, demoted or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in this chapter and the [rules and] regulations adopted in accordance therewith [.] and section 8 of this act.
4. No person [shall] may be discriminated against on account of his religious opinions or affiliations or race.
Sec. 14. NRS 541.290 is hereby amended to read as follows:
541.290 The board shall have the following powers concerning the management, control, delivery, use and distribution of water by the district:
1. To make and enforce all reasonable [rules and] regulations for the management, control and delivery of water [.] , subject to the provisions of section 7 of this act.
2. To withhold the delivery of water upon which there are any defaults or delinquencies of payment.
3. Subject to such limitations as may be prescribed by the board of directors, to provide for and declare forfeitures of rights to the use of water upon default or failure to comply with any order, contract or agreement for the purchase, lease or use of water and to resell, lease or otherwise dispose of water upon which forfeiture has been declared.
4. To allocate and reallocate the use of water to lands within the district.
5. To provide for and grant the right, upon terms, to transfer water from lands to which water has been allocated to other lands within the district and to discharge liens from lands to which same was theretofore attached and to create liens, as provided in this chapter, upon lands to which the use of such water is transferred.
Sec. 15. NRS 704.210 is hereby amended to read as follows:
704.210 The commission [shall have full power:] may:
1. [To make] Make necessary and reasonable rules and regulations governing the procedure, administration and enforcement of the provisions of this chapter [.] subject to the provisions of section 7 of this act.
2. [To prescribe] Prescribe classifications of the service of all public utilities, and fix and regulate the rates therefor.
3. [To fix] Fix just and reasonable charges for transportation of all intrastate freight and passengers, sleeping-car accommodations and all matter carried by express companies within the state, for the transportation of messages by telegraph companies, and the rates and tolls for the use of telephone lines within the state.
κ1977 Statutes of Nevada, Page 553 (CHAPTER 294, AB 640)κ
matter carried by express companies within the state, for the transportation of messages by telegraph companies, and the rates and tolls for the use of telephone lines within the state.
4. [To make] Make just and reasonable regulations for the apportionment of all joint rates and charges between public utilities.
Sec. 16. This act shall become effective upon passage and approval.
________
Senate Bill No. 356Committee on Commerce and Labor
CHAPTER 295
AN ACT relating to motor vehicle sales; providing for the regulation of motor vehicle franchises; prohibiting certain practices; providing for injunctive relief and civil penalties; and providing other matters properly relating thereto.
[Approved April 29, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in NRS 482.3631 to 482.364, inclusive, and sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Distributor means a person, other than a manufacturer, who is engaged in the business of selling new motor vehicles to dealers.
Sec. 4. Distributor branch means a branch office maintained by a distributor for the sale of new motor vehicles to dealers or which is maintained for directing and supervising distributor branch representatives.
Sec. 5. Factory branch means a branch office maintained by a manufacturer for the sale of new motor vehicles to distributors or dealers or which is maintained for directing and supervising manufacturers representatives.
Sec. 6. Franchise means a written agreement between a manufacturer or distributor and a dealer by which:
1. A commercial relationship of definite duration or continuing indefinite duration is established.
2. The dealer is granted the right to offer and sell at retail new motor vehicles, other than motorcycles, mopeds, farm tractors or special mobile equipment.
3. The dealer constitutes a component of a distribution system for new motor vehicles.
4. The operation of the dealers business is substantially associated with the trade-mark, trade name, advertising or other commercial symbol designating a manufacturer or distributor.
5. The operation of a portion of the dealers business is substantially reliant on the manufacturer or distributor for a continued supply of new motor vehicles, parts and accessories.
κ1977 Statutes of Nevada, Page 554 (CHAPTER 295, SB 356)κ
Sec. 7. Relevant market area means any area within a radius of 10 miles of an existing dealer of the same line and make or the area assigned in the franchise of an existing dealer of the same line and make, whichever is greater.
Sec. 8. Representative means any person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturers or distributors new motor vehicles to dealers or for regularly supervising or communicating with dealers or prospective dealers in this state for any purpose.
Sec. 9. Notwithstanding the terms of any franchise, a manufacturer or distributor shall not terminate, refuse to continue, or unilaterally modify any existing franchise unless:
1. The dealer is notified by certified or registered mail by the manufacturer or distributor as follows:
(a) Fifteen days before the effective date of the intended action, setting forth the specific grounds with respect to any of the following:
(1) Transfer of any ownership or interest in the franchised dealership without the consent of the manufacturer or distributor.
(2) Material misrepresentation by the dealer in applying for the franchise.
(3) Insolvency of the dealer or filing of any petition by or against the dealer under any bankruptcy or receivership law.
(4) Revocation of a dealers license under this chapter.
(b) Sixty days before the effective date thereof, setting forth any other specific grounds for termination, refusal to continue or unilateral modification of the franchise.
2. The manufacturer or distributor has received the written consent of the dealer.
Sec. 10. A manufacturer or distributor shall not unreasonably withhold consent to the transfer of any ownership or interest in a franchised dealership.
Sec. 11. 1. Before the effective date of any proposed termination, discontinuation or unilateral modification of any franchise, the dealer may apply to the district court in the county where the dealership is located for injunctive relief to restrain the change in the franchise agreement. In any hearing for permanent injunctive relief under this section, the manufacturer or distributor has the burden of proof to establish that there is good cause to terminate, refuse to continue, or modify unilaterally a franchise.
2. In determining whether good cause has been established under subsection 1, the court shall take into consideration the existing circumstances, including:
(a) The amount of business transacted by the dealer, as compared to the business available to the dealer, but only if there was merchandise available to the dealer in sufficient quantities of models to match competitive makes and models available in the relevant market area. All transactions and all registrations shall be taken into account within the area covered by the franchise.
(b) The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise.
(c) The permanency of the dealers investment.
κ1977 Statutes of Nevada, Page 555 (CHAPTER 295, SB 356)κ
(d) Whether the proposed action would be injurious or beneficial to the public welfare.
(e) Whether the dealer has adequate new motor vehicle sales and service facilities, equipment, vehicle parts and qualified sales and service personnel to provide reasonably for the needs of the consumers for the new motor vehicles handled by the dealer, and he has been and is rendering adequate services to the public.
(f) Whether the dealer has repeatedly failed to fulfill the warranty obligations to be performed by him.
(g) The extent of the dealers failure, if any, to comply with the lawful terms of the franchise.
Sec. 12. 1. Sixty days before a manufacturer or distributor proposes to enter into a franchise establishing an additional dealership for new motor vehicles, or relocate an existing dealership in the relevant market area of another dealer in the same line and make, the manufacturer or distributor shall notify, by registered or certified mail, return receipt requested, the director and each dealer in that line and make in the relevant market area of its intention to establish or relocate an additional dealership.
2. Before the effective date of the proposed establishment of an additional dealership or relocation of an existing dealership, any aggrieved dealer may apply to the district court in the county where the dealership is located for injunctive relief to restrain the establishment or relocation.
3. In any hearing pursuant to this section, the manufacturer or distributor has the burden of proof to establish there is good cause for establishing an additional dealership or relocating an existing dealership.
4. In determining whether good cause has been established, the court shall take into consideration the existing circumstances, including:
(a) The permanency of the investment of any affected dealer.
(b) The effect on the retail new motor vehicle business and the consuming public in the relevant market area.
(c) Whether it is beneficial or injurious to the public welfare for an additional or relocated dealership to be established.
(d) Whether a dealer of the same line and make in that relevant market area is providing adequate competition and convenient service to consumers for the new motor vehicles of the same line and make, including the adequacy of new motor vehicle sales and service facilities, equipment, supply of vehicle parts and qualified sales and service personnel.
(e) Whether the action is for the purpose of coercing any existing dealer.
Sec. 13. It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:
1. Prevent or require or attempt to prevent or require by contract or otherwise any change in the capital structure of a dealer or the means by which he finances his operation if at all times the dealer meets any reasonable capital standards previously agreed to by the dealer and the manufacturer or distributor. A dealer may not change the capital structure if it causes a change in the ownership or control of the franchised dealership, or has the effect of a sale of the franchised dealership, without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld.
κ1977 Statutes of Nevada, Page 556 (CHAPTER 295, SB 356)κ
2. Prevent or require or attempt to prevent or require a dealer to change his executive management.
3. Prevent or require or attempt to prevent or require by contract or otherwise the sale or transfer of any part of the interest of the principal owner or any officer, partner, or stockholder of any dealership to any other person. A principal owner, officer, partner or stockholder may not cause a change in the control of the dealership or sell, transfer or assign the franchise or any right thereunder without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld.
4. Prevent or attempt to prevent a dealer from receiving fair and reasonable compensation for the value of the franchised dealership as a going concern. There shall not be a transfer or assignment of the franchise or change in the ownership or control of the franchised dealership without the consent of the manufacturer or distributor, which consent shall not be unreasonably withheld.
Sec. 14. It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:
1. Require a dealer to agree to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by this chapter, or require any controversy between a dealer and a manufacturer, distributor or representative to be referred to any person or agency except as set forth in this chapter if such referral would be binding on the dealer, except that this section does not prevent the parties from mutually agreeing to arbitration pursuant to law.
2. Increase prices of new motor vehicles which the dealer had ordered for private retail consumer before his receipt of the written official notification of a price increase. A sales contract signed by a retail consumer constitutes evidence of each such order. Price changes applicable to new model or series motor vehicles at the time of the introduction of new models or series shall not be deemed a price increase. Price changes caused by:
(a) The addition to a motor vehicle of equipment formerly optional as standard or required equipment pursuant to state or federal law;
(b) Revaluation of the United States dollar in the case of foreign-made vehicles; or
(c) Transportation cost increases,
are not subject to this provision.
3. Deny the principal owner the opportunity to designate his spouse, a member of his family or other qualified designee as entitled to participate in the ownership of the franchised dealership or successor franchised dealership for 2 years or a longer reasonable time after the death or incapacity of such principal owner.
4. Modify unilaterally, replace, enter into, relocate, terminate or refuse to renew a franchise in violation of law.
Sec. 15. It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:
1. Compete with a dealer in the relevant market area. A manufacturer or distributor shall not be deemed to be competing when operating a previously existing dealership temporarily for a reasonable period of time, or in a bona fide retail operation which is for sale to any qualified person at a fair and reasonable price, or in a bona fide relationship in which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.
κ1977 Statutes of Nevada, Page 557 (CHAPTER 295, SB 356)κ
which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.
2. Discriminate unfairly among its dealers, or fail without good cause to comply with franchise agreements, with respect to warranty reimbursement or authority granted to its dealers to make warranty adjustments with retail customers.
3. Fail to compensate fairly a dealer for the work and services which he is required to perform in connection with the delivery and preparation obligations under any franchise, or fail to compensate fairly a dealer for labor, parts and other expenses incurred by him under the manufacturers warranty agreements. Fair compensation includes diagnosis and reasonable administrative and clerical costs. In determining fair compensation for work to satisfy a warranty, the dealers effective labor rate charged to its various retail customers shall be considered together with other relevant criteria.
4. Fail to pay all claims made by dealers for compensation for delivery and preparation work, transportation claims, special campaigns and work to satisfy warranties within 30 days after approval, or fail to approve or disapprove such claims within 30 days after receipt, or disapprove any claim without notice to the dealer in writing of the grounds for disapproval. Failure to approve or disapprove or to pay within the specified time limits in an individual case does not constitute a violation of this section if the failure is due to reasons beyond the control of the manufacturer, distributor or factory branch.
5. Sell a new motor vehicle to a person who is not licensed as a new motor vehicle dealer under the provisions of this chapter.
6. Use false, deceptive or misleading advertising or engage in deceptive acts in connection with the manufacturers or distributors business.
Sec. 16. 1. Whenever it appears that a person has violated or is violating or is threatening to violate any provision of NRS 482.3631 to 482.364, inclusive, or sections 2 to 17, inclusive, of this act, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.
2. In addition to any other judicial relief, any dealer who is injured in his business or property by reason of a violation of NRS 482.3631 to 482.364, inclusive, or sections 2 to 17, inclusive, of this act, may bring an action in the district court in which the dealership is located, and may recover actual damages sustained by him, and the cost of suit, including a reasonable attorneys fee. In an action for money damages, the court or jury may award punitive damages if the defendant acted maliciously. The amount of damages sustained by any dealer, pursuant to subsection 4 of section 14 of this act, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.
3. Any company, firm, partnership, corporation or association created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the state, who grants a franchise to any dealer in this state may be lawfully served with any legal process in any action for injunctive relief or civil damages in the following manner:
κ1977 Statutes of Nevada, Page 558 (CHAPTER 295, SB 356)κ
lawfully served with any legal process in any action for injunctive relief or civil damages in the following manner:
(a) By delivering a copy of the process to the director; and
(b) By mailing to the last-known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons, a copy of the complaint, together with copies of any petition or order for injunctive relief.
4. The defendant has 30 days, exclusive of the day of service, within which to answer or plead.
5. The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.
Sec. 17. 1. Any manufacturer or distributor who willfully violates any provision of NRS 482.3631 to 482.364, inclusive, or sections 2 to 17, inclusive, of this act, is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation and for each act of violation. All civil penalties recovered shall be paid to the State of Nevada.
2. Whenever it appears that a manufacturer or distributor has violated or is violating or is threatening to violate any provision of NRS 482.3631 to 482.364, inclusive, or sections 2 to 17, inclusive, of this act, then the attorney general may institute a civil suit in any district court of this state for injunctive relief to restrain the violation or threat of violation, or if such violation or threat is willful, for the assessment and recovery of the civil penalty, or both.
Sec. 18. NRS 482.3631 is hereby amended to read as follows:
482.3631 No motor vehicle manufacturer, [wholesale,] distributor, factory branch or representative thereof may induce by means of coercion, intimidation or discrimination any dealer to:
1. Order or accept delivery of any motor vehicle, parts or accessories therefor, or any other commodity which was not voluntarily ordered by such dealer.
2. Order or accept delivery of any motor vehicle with special features, appliances, accessories or equipment not included in the list price of such vehicle as publicly advertised by the manufacturer thereof.
3. Order from any person any parts, accessories, equipment, machinery, tools, appliances or other commodity.
Sec. 19. NRS 482.3635 is hereby amended to read as follows:
482.3635 No motor vehicle manufacturer, [wholesaler,] distributor, factory branch or representative thereof may:
1. Encourage, aid or abet a dealer to sell motor vehicles through any false, deceptive or misleading sales or financing practice.
2. Refuse to deliver [to a dealer having a franchise with such manufacturer, wholesaler or branch, within 60 days after an order of such dealer has been] an order of a dealer within 60 days after the order is received in writing unless the inability to deliver the order is caused by shortage or curtailment of material, labor, production capacity, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the motor vehicle manufacturer [.] or distributor.
3. [Induce,] Coerce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, promotion activity or scheme, or method of implementing the sale of motor vehicles.
κ1977 Statutes of Nevada, Page 559 (CHAPTER 295, SB 356)κ
substantiation of or repayment for any advertising, promotion activity or scheme, or method of implementing the sale of motor vehicles.
4. Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any motor vehicle which is being sold under franchise, [when such advertisement, display or promotion works to the detriment, embarrassment or financial disadvantage of such dealer,] unless [such] the dealer has agreed thereto in writing.
Sec. 20. NRS 482.3639 is hereby amended to read as follows:
482.3639 1. The director shall revoke or refuse to issue a dealers license for a new franchise or a franchise replacing a canceled or terminated franchise if [a civil action pursuant to NRS 482.3637 is pending and was filed within 60 days following the written notification of the cancellation or nonrenewal of an existing franchise and a certified copy of such complaint alleging the date of such notification is filed with the department within 60 days by the complaining dealer.] an action for injunctive relief pursuant to section 11, 12 or 16 of this act has been instituted and a copy of the complaint is filed with the director by the complaining dealer.
2. The court in which such action was filed may, however, in order to maintain adequate and competitive service in the area or upon a showing of good cause by the manufacturer, distributor or factory branch order the director to issue such dealers license if the dealer complies with the provisions of this chapter pertaining to licensing of vehicle dealers.
Sec. 21. NRS 482.364 is hereby amended to read as follows:
482.364 1. Upon the filing of a complaint pursuant to [NRS 482.3637 by a complaining dealer within 60 days following the written notification of the cancellation or nonrenewal of the existing franchise, any canceled or nonrenewed franchise] section 11, 12 or 16 of this act following the manufacturers or distributors written notification of the intent to:
(a) Terminate, refuse to continue or modify unilaterally any existing franchise;
(b) Establish an additional dealership; or
(c) Relocate an existing dealership,
the franchise of the complaining dealer shall stay in full force and effect until the complaint [has been expeditiously] is disposed of, unless the court, pursuant to NRS 482.3639, has ordered the director to issue a dealers license to a new [franchisee.] dealer.
2. If the new franchise is given by a manufacturer, distributor or factory branch for the sale of the same line and make of vehicle in the same [area of responsibility] relevant market area as that covered in the canceled or terminated franchise, such act [shall be] is prima facie evidence that the new franchise replaced the canceled or terminated franchise.
Sec. 22. NRS 482.3633, 482.3637 and 482.3641 are hereby repealed.
Sec. 23. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 560κ
Senate Bill No. 507Committee on Government Affairs
CHAPTER 296
AN ACT relating to government finance; providing for the transfer of certain powers and duties of the state board of finance to the state treasurer and the department of taxation; providing for fees for the state treasurer; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 226.100 is hereby amended to read as follows:
226.100 1. The state treasurer [is authorized to] may appoint and employ a [deputy.] chief deputy and a deputy cashier.
2. [There is created in the office of the state treasurer the office of chief assistant, and the state treasurer is authorized to designate one of his employees as such chief assistant.
3.] The chief deputy state treasurer and the [chief assistant] deputy cashier shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
[4.] 3. The chief deputy state treasurer and [chief assistant] deputy cashier shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.
Sec. 2. NRS 226.110 is hereby amended to read as follows:
226.110 The state treasurer shall:
1. Receive and keep all moneys of the state not expressly required by law to be received and kept by some other person.
2. Receipt to the state controller for all moneys received, from whatever source, and at the time of receiving the same.
3. Disburse the public moneys upon warrants drawn upon the treasury by the state controller, and not otherwise. Such warrants shall be registered, and paid in the order of their registry.
4. Keep a just, true and comprehensive account of all moneys received and disbursed.
5. Deliver in good order to his successor in office all moneys, records, books, papers and other things belonging to his office.
6. Keep his office open for the transaction of business during the time required by law.
7. Fix, charge and collect reasonable fees for special services rendered to other state agencies which increase the cost of operating his office.
Sec. 3. NRS 226.120 is hereby amended to read as follows:
226.120 The state treasurer shall [:
1. Annually, on July 1 or within 60 days thereafter, or within 60 days after the latest date in the succeeding fiscal year fixed by the legislature for the closing of accounts and final disposition of unexpended funds, deliver to the governor a full exhibit of all moneys received by him into and paid out of the treasury, for the fiscal year ending June 30, showing, under separate and appropriate heads, from what sources received and for what particular object or service the same has been paid out by him.
κ1977 Statutes of Nevada, Page 561 (CHAPTER 296, SB 507)κ
2. Give information, in writing,] provide information to either house of the legislature, whenever required, upon any subject connected with the treasury or any duty of his office.
Sec. 4. NRS 326.050 is hereby amended to read as follows:
326.050 1. At any time after the provisions of NRS 326.020, 326.030 and 326.040 have been complied with, the person so complying [shall be permitted to] may absent himself from such claim, without being required to occupy the same, for a period of not more than 12 months; but the person so wishing to absent himself shall first pay to the county treasurer of the county in which the claim is situated the sum of $15. Upon such payment, the county treasurer shall issue a receipt for the same, and at any time within 12 months after the date thereof the receipt shall be received as prima facie evidence of possession in any court having jurisdiction in such cases.
2. Any person absenting himself from a claim for a longer period than 60 days without first paying the sum provided in subsection 1 [shall forever forfeit] forfeits his claim to the lands.
3. [One-half of the] The amount paid to any county treasurer under the provisions of this section shall be paid by the county treasurer into the general fund of the county. [, and whenever the county treasurer makes his regular settlements with the state treasurer the balance shall be paid into the state treasury. The state treasurer shall pay all moneys received from such source into the general fund in the state treasury.]
Sec. 5. NRS 350.618 is hereby amended to read as follows:
350.618 Before selling any municipal securities publicly, the governing body shall:
1. Cause a notice calling for bids for the purchase of the securities to be published once a week for 4 consecutive weeks by 4 weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of sale, in a newspaper published within the boundaries of the municipality, or if there is no such newspaper, in a newspaper having general circulation therein.
2. Cause such other notice to be given as the governing body may direct.
3. Cause, at least 3 weeks prior to the date fixed for the sale, a copy of the notice to be mailed to the [state board of finance, Carson City, Nevada.] department of taxation.
Sec. 6. NRS 355.030 is hereby amended to read as follows:
355.030 1. The attorney general [shall be] is the legal advisor of the state board of finance.
2. The [state board of finance may employ a financial secretary and such clerical help as may be necessary or proper.] chief deputy state treasurer is ex officio secretary of the state board of finance.
Sec. 7. NRS 356.125 is hereby amended to read as follows:
356.125 1. All [moneys] money placed in any insured depository banks, or any insured savings and loan associations which are stock companies and not mutual associations, in time accounts may be deposited with the written consent of the board of county commissioners. [at a rate of interest equivalent to the rate of interest on time accounts established by the state treasurer and the state board of finance in connection with time state accounts.] The time accounts so established [shall be] are subject to the applicable contract between the depository and the county.
κ1977 Statutes of Nevada, Page 562 (CHAPTER 296, SB 507)κ
are subject to the applicable contract between the depository and the county.
2. The provisions of this section [shall not be construed to] do not require any depository to accept county deposits.
Sec. 8. NRS 360.287 is hereby amended to read as follows:
360.287 Any person charged with the duty of apportioning any tax proceeds to any incorporated city or town shall [, based upon the facts contained in a certificate prepared by the secretary of state using] use the population figures of the last preceding national census of the Bureau of the Census of the United States Department of Commerce, [take into account] adjusted for any population change resulting from the incorporation or disincorporation of any city or the annexation of any territory to any city.
Sec. 9. NRS 361.745 is hereby amended to read as follows:
361.745 1. On the 3rd Mondays of July, October, January and March of each year, each county treasurer shall [:
(a) Settle in full with the state controller.
(b) Send to the state treasurer all funds which shall have] deposit with the state treasurer all money which has come into his hands as county treasurer for the use and benefit of the state. [, taking a receipt therefor from the state treasurer.]
2. Each county treasurer shall hold himself in readiness to settle and pay all [moneys] money in his hands belonging to the state at all other times whenever required to do so by order signed by the state controller, who is authorized to draw such order whenever he deems it necessary.
Sec. 10. NRS 226.070, 226.185, 244.390, 344.100 and 387.020 are hereby repealed.
________
Senate Bill No. 472Committee on Finance
CHAPTER 297
AN ACT making an appropriation to the University of Nevada, Reno; providing for the purchase of equipment and the addition of professional positions for the purpose of maintaining accredited programs; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the University of Nevada, Reno, for the purpose of maintaining accredited programs at the Mackay School of Mines, the sum of $379,810, which shall be allocated as follows:
1. An amount not to exceed $35,000 for library space remodeling.
2. An amount not to exceed $142,810 for the geological engineering program, including purchase of the items listed below:
Miscellaneous small items.
Signal enhancing seismograph.
κ1977 Statutes of Nevada, Page 563 (CHAPTER 297, SB 472)κ
LaCoste Romberg gravimeter.
Photographs and Imagery.
Decwriter computer terminal.
B & L Stereo Zoom Transfer Scope.
B & L Stereo Interpretation Systems.
Hand-held core drill.
Digital resistivity meter.
Fluxgate magnetometer.
12 Abrahams Stereoscopes.
Point load tester.
Thin sectioning machine.
Schonstedt Digital Spinner Magnetometer.
Schonstedt AC Demagnetizer.
Magnetic susceptibility meter.
Microrecording seismographs.
Strong Motion Seismometer.
Multichannel refraction and reflection seismograph.
Double Reflecting Stereoscope.
3. An amount not to exceed $162,000 for the metallurgical engineering program, including purchase of the items listed below:
Gas chromatograph.
5 student microscopes.
Metallograph.
Arc melting inert atmosphere furnace.
Pyrometallurgical furnaces.
Good quality single pan balance.
Multistage solvent extraction unit.
Ultraviolet-visible spectrophotometer.
X-ray diffractometer and spectrometer.
Infrared spectrophotometer.
Miscellaneous equipment.
Photographic laboratory equipment.
Microhardness tester.
Vickers hardness tester.
4. An amount not to exceed $40,000 for the mining engineering program, including purchase of the items listed below:
Electrohydraulic loading machine.
Desk calculator.
Laser surveying equipment.
Air compressor.
DC variable speed motor.
Gas detection instruments.
Dynamic recording system.
Sec. 2. 1. There is hereby appropriated from the state general fund to the University of Nevada, Reno, for the purpose of maintaining accredited programs, the sum of $202,034 for professional positions, compensation and support in the departments listed below:
κ1977 Statutes of Nevada, Page 564 (CHAPTER 297, SB 472)κ
Department FTE Not to Exceed
Mining............................................................................. 2.00.......................................................................................... $47,537
Accounting..................................................................... 2.00.......................................................................................... 47,537
Business Law.................................................................. 1.00.......................................................................................... 23,769
Counseling and Personnel Guidance.......................... 1.50.......................................................................................... 35,653
Clinical Psychology....................................................... 1.00.......................................................................................... 23,769
Social Services and Corrections.................................. 1.00.......................................................................................... 23,769
2. The money appropriated by this section is for the fiscal year beginning July 1, 1977, and ending June 30, 1978.
Sec. 3. Section 1 of this act and this section shall become effective upon passage and approval.
________
Senate Bill No. 393Senator Blakemore
CHAPTER 298
AN ACT relating to outdoor advertising; providing for the retention of certain nonconforming signs; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 410.220 is hereby amended to read as follows:
410.220 1. The legislature hereby finds and declares that:
(a) The erection and maintenance of outdoor advertising signs, displays and devices, in areas adjacent to the rights-of-way of the interstate highway system and the primary highway system within this state, is a legitimate commercial use of private property adjacent to roads and highways and that regulation and control or removal of such outdoor advertising is necessary to the system of state highways declared essential by NRS 408.100.
(b) The erection and maintenance of such advertising in such locations must be regulated:
(1) To prevent unreasonable distraction of operators of motor vehicles, confusion with regard to traffic lights, signs or signals and other interference with the effectiveness of traffic regulations;
(2) To promote the safety, convenience and enjoyment of travel on the state highways in this state;
(3) To attract tourists and promote the prosperity, economic well-being and general welfare of the state;
(4) For the protection of the public investment in the state highways; and
(5) To preserve and enhance the natural scenic beauty and aesthetic features of the highways and adjacent areas.
(c) All outdoor advertising which does not conform to the requirements of NRS 410.220 to 410.410, inclusive, is contrary to the public safety, health and general welfare of the people of this state.
(d) The removal of signs adjacent to the rights-of-way of the interstate or primary highway system within this state which provide directional information about goods and services in the interest of the traveling public and which:
κ1977 Statutes of Nevada, Page 565 (CHAPTER 298, SB 393)κ
or primary highway system within this state which provide directional information about goods and services in the interest of the traveling public and which:
(1) Were erected in conformance with the laws of the State of Nevada and subsequently became nonconforming under the requirements of 23 U.S.C. § 131; and
(2) Were in existence on May 6, 1976,
could create substantial economic hardships in defined hardship areas within the State of Nevada.
2. It is the intent of the legislature in NRS 410.220 to 410.410, inclusive, to provide a statutory basis for regulation of outdoor advertising consistent with the public policy declared by the Congress of the United States in areas adjacent to the interstate and primary highway systems.
Sec. 2. NRS 410.320 is hereby amended to read as follows:
410.320 [After the effective date of NRS 410.220 to 410.410, inclusive, no outdoor] Outdoor advertising shall not be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state, and, outside urban areas [no] outdoor advertising shall not be erected or maintained beyond 660 feet from the nearest edge of the right-of-way of the interstate and primary highway systems which is visible and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems in this state, except the following:
1. Directional, warning, landmark, informational and other official signs and notices, including but not limited to signs and notices pertaining to natural wonders, scenic and historic attractions. Only [those] signs [are permitted] which are required or authorized by law or by federal, state or county authority, and which conform to national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131 [.] , are permitted.
2. Signs, displays and devices which advertise the sale or lease of the property upon which they are located.
3. Signs, displays and devices which advertise the [activity or] activities conducted or services rendered or the goods produced or sold upon the property upon which [such] the advertising sign, display or device is erected.
4. Signs, displays and devices locate in zoned commercial or industrial areas, when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.
5. Signs, displays and devices located in an unzoned commercial or industrial area as defined in NRS 410.300, when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.
6. Nonconforming signs in defined hardship areas which provide directional information about goods and services in the interest of the traveling public and are approved by the Secretary of Transportation pursuant to 23 U.S.C. § 131(o).
κ1977 Statutes of Nevada, Page 566 (CHAPTER 298, SB 393)κ
Sec. 3. NRS 410.330 is hereby amended to read as follows:
410.330 The board shall:
1. Enter into the agreement with the Secretary of Transportation provided for by 23 U.S.C. § 131 (d), setting forth the criteria governing unzoned commercial or industrial areas and the spacing, size and lighting of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. [Such] The criteria shall be consistent with customary use in the outdoor advertising industry in this state insofar as such customary use is consonant with the objectives of the legislature as declared in NRS 410.220 to 410.410, inclusive.
2. Prescribe regulations governing the issuance of permits by the engineer for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. [Such] The regulations shall be consistent with the criteria governing size, lighting and spacing of outdoor advertising as established by agreement between the Secretary of Transportation and the board pursuant to subsection 1 of this section.
3. Prescribe regulations governing the issuance of permits by the engineer for the erection and maintenance of outdoor advertising coming within the exception contained in subsection 1 of NRS 410.320. [Such] The regulations shall be consistent with the national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131(c)(1).
4. Prescribe regulations governing the submission to the engineer of any declaration, resolution, certified copy of an ordinance or other direction from the governing body of a county, city or other governmental agency that removal of signs which provide directional information about goods and services in the interest of the traveling public would cause an economic hardship in a specifically defined area. Any such declaration, resolution or ordinance shall request the retention of the signs in the defined hardship area. Upon receipt of a declaration, resolution or ordinance, the engineer shall forward it to the Secretary of Transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o) and shall comply with the regulations of the Federal Highway Administration relating to applications for such exemptions. The regulations shall provide that any local governing body submitting a request for exemption shall perform the economic studies required by federal and state regulations to support the finding of economic hardship in the defined area, and shall submit the results of the studies to the engineer. This subsection does not apply to any highway which is a part of the interstate or primary highway system if such application would prevent this state from receiving federal funds or would result in sanctions against this state for noncompliance under 23 U.S.C. § 131.
________
κ1977 Statutes of Nevada, Page 567κ
Senate Bill No. 302Committee on Government Affairs
CHAPTER 299
AN ACT relating to state publications; providing for the publication of a biennial report and statistical abstract; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 345 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. The state planning coordinator shall compile and cause to be published the biennial report. The report shall include:
(a) The governors state of the state message delivered at the most recent regular session of the state legislature;
(b) An organizational chart of state government;
(c) Separate sections relating respectively to each state department and to other selected agencies of the executive branch of state government; and
(d) Significant historical events relating to the State of Nevada occurring during the current biennium.
2. Each section of the biennial report required pursuant to paragraph (c) of subsection 1 shall include:
(a) The purpose and organizational structure of the department or other agency;
(b) Its programs, activities and accomplishments during the current biennium;
(c) Significant legislative or executive action affecting the department or other agency;
(d) A budgetary summary;
(e) A bibliography of publications of major interest issued by the department or other agency during the current biennium;
(f) An index to that section of the biennial report; and
(g) A listing of major administrators within the department or other agency.
Sec. 3. The state planning coordinator shall compile and publish a statistical abstract each odd-numbered year. The statistical abstract shall contain:
1. Significant statistical information for the current biennium with respect to state and local government to the extent such information is not provided in the biennial report;
2. Data relating to this state furnished by the Federal Government; and
3. Information and data relating to business and the economy in this state.
Sec. 4. The state planning coordinator shall determine the format, substance, time of preparation, distribution, cost and all other matters pertaining to the publication of the biennial report and the statistical abstract after consultation with the bureau of business and economic research of the University of Nevada, the department of economic development and the Nevada state library.
κ1977 Statutes of Nevada, Page 568 (CHAPTER 299, SB 302)κ
Sec. 5. Each state agency which is required by law to prepare and submit an annual or biennial report to the governor or the legislature shall comply by preparing one copy of the report in a form prescribed by the state planning coordinator, who shall utilize it in preparing the biennial report.
Sec. 6. Except as provided in section 7 of this act, the state planning coordinator may charge for each copy of the biennial report or the statistical abstract an amount which does not exceed the approximate cost of its publication.
Sec. 7. Each of the documents required by sections 2 to 4, inclusive, of this act shall be distributed without charge to:
1. The governor.
2. Each elected state officer.
3. Each member of the legislature.
4. Each state department or other agency of the executive branch.
5. The clerk of each city and of each county.
6. The legislative counsel bureau.
7. Each public library in the state.
8. Each library in the University of Nevada System.
Sec. 8. NRS 218.480 is hereby amended to read as follows:
218.480 1. [Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the state printing and records division of the department of general services for binding with the journals of the senate and assembly.
2.] At the end of each session of the legislature, 100 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.
[3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.
4.] 2. The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent.
[5.] 3. The bound volumes shall be delivered to the legislative counsel bureau and [shall] constitute the journals of the senate and the assembly.
[6.] 4. Each member of the legislature of which such journals are the record [shall be] is entitled to one copy of the senate journal and one copy of the assembly journal.
________
κ1977 Statutes of Nevada, Page 569κ
Senate Bill No. 292Senator Blakemore
CHAPTER 300
AN ACT relating to highway beautification; providing that notice of violation and demand for removal may be served by registered or certified mail upon violators of certain outdoor advertising regulations; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 410.360 is hereby amended to read as follows:
410.360 Any outdoor advertising sign, display or device erected after the effective date of NRS 410.220 to 410.410, inclusive, which violates the provisions of NRS 410.220 to 410.410, inclusive, is hereby declared to be a public nuisance and the engineer shall remove any such sign, display or device which is not removed prior to the expiration of 30 days after [personal service of] notice of such violation and demand for removal have been served personally or by registered or certified mail upon the landowner and the owner of such sign or their agents. Removal by the department of such sign, display or device on the failure of such owners to comply with such notice and demand shall give the department a right of action to recover the expense of such removal, cost and expenses of suit.
________
Assembly Bill No. 539Committee on Judiciary
CHAPTER 301
AN ACT relating to trusts; authorizing the district court to transfer supervision of a trust to a court outside Nevada under certain circumstances; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 153.020 is hereby amended to read as follows:
153.020 1. Where any trust, life estate, or estate for years has been created by or under any will to continue after distribution, the district court shall not lose jurisdiction of the estate by final distribution but, except as provided in this subsection, shall retain jurisdiction [thereof] of it for the purpose of the settlement of accounts under the trusts, life tenancies, or estates for years [;] and for the distribution of the residue to those entitled [thereto, which] to it. The distribution may be upon petition of the trustee, [or of] his successor in interest, or of any person entitled to share in the distribution. The court may transfer supervision of the trust to another court within or outside this state as provided in NRS 164.130.
κ1977 Statutes of Nevada, Page 570 (CHAPTER 301, AB 539)κ
2. Any trustee of any trust created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, [render and pray] petition for the settlement of his accounts as trustee before the district court in which the will was probated [, and] in the manner provided for the settlement of the accounts of executors and administrators.
3. The trustee shall, for that purpose, present to the court a verified petition setting forth the accounts in detail [,] with a report showing the condition of the trust estate [, together with] and a verified statement of the trustee giving names and post office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing and give notice [thereof] of not less than 10 days [,] by causing notice of the hearing to be posted at the courthouse of the county where the proceedings are pending, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper.
4. Any trustee of any trust created by any will or appointed to execute any trust created by any will shall, at [the] its termination, [thereof, render and pray] petition for the settlement of his accounts as trustee in the manner provided in chapter 165 of NRS.
Sec. 2. NRS 164.130 is hereby amended to read as follows:
164.130 Upon motion by any person appointed by the court or otherwise as trustee, with the concurrence of the beneficiary or beneficiaries, a district court having jurisdiction of a trust may transfer supervision of the trust to any judicial district within the state, or to any court outside Nevada which accepts jurisdiction over the trust, when the convenience of beneficiaries, trustees, attorneys or other interested persons makes [such] a transfer desirable.
________
Assembly Bill No. 512Committee on Ways and Means
CHAPTER 302
AN ACT making an additional and supplemental appropriation to the office of the lieutenant governor to pay the residence per diem expense allowance of the lieutenant governor during the period the legislature is in session; and providing other matters properly relating thereto.
[Approved April 30, 1977]
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 office of the lieutenant governor the sum of $3,600 to pay the per diem expense allowance of the lieutenant governor for the period of his temporary residence in the vicinity of the capital while the legislature is in session, pursuant to NRS 224.050, as an additional and supplemental appropriation to that allowed and made by section 3 of chapter 679, Statutes of Nevada 1975.
κ1977 Statutes of Nevada, Page 571 (CHAPTER 302, AB 512)κ
supplemental appropriation to that allowed and made by section 3 of chapter 679, Statutes of Nevada 1975.
Sec. 2. After June 30, 1977, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 238Committee on Commerce and Labor
CHAPTER 303
AN ACT relating to employment agencies; permitting an applicant for a license to operate a private employment agency to make a deposit instead of posting a surety bond; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 611.070 is hereby amended to read as follows:
611.070 1. Before a license is issued, the applicant shall deposit with the labor commissioner a bond, approved by the labor commissioner, in the penal sum of $1,000 with two or more sureties or a duly authorized surety company as surety. [, which bond shall be first approved by the labor commissioner.] A notice of 30 days shall be given to the labor commissioner before cancellation of such bond.
2. The bond shall be [further] conditioned that the suspension, revocation, surrender or expiration of the license to operate the employment agency does not affect the coverage of the bond as to a claim arising out of acts that occurred [prior to the date of such] before the date of the suspension, revocation, surrender or expiration [.] of the license.
3. In lieu of a bond an applicant may deposit with the labor commissioner:
(a) A like amount of money of the United States or bonds of the United States or of the State of Nevada of an actual market value not less than the amount fixed by the labor commissioner; or
(b) A savings certificate of a bank, building and loan or savings and loan association situated in Nevada, which indicates an account containing an amount equal to the amount of the bond which would otherwise be required by this section and that such amount is unavailable for withdrawal except upon order of the labor commissioner. Interest earned on such amount accrues to the account of the applicant.
4. The labor commissioner may at any time require the licensee to file a new or supplementary bond, or deposit in lieu thereof, in a form and amount not more than $5,000 to conform to the provisions of this section if the labor commissioner deems the initial deposit or surety of the initial bond to be unsatisfactory or the amount [thereof] of the deposit or bond to have become insufficient to satisfy all claims, accrued or contingent, against the licensee.
κ1977 Statutes of Nevada, Page 572 (CHAPTER 303, SB 238)κ
[4. If the bond is secured by cash, the cash] 5. Any cash deposit received in lieu of a bond shall be deposited with the state treasurer for credit to the labor commissioners bond trust fund, which is hereby created. The cash deposit shall not be released for a period of 90 days following the date of suspension, revocation, surrender or expiration of the license.
________
Assembly Bill No. 680Assemblymen Harmon, Dini, Sena and Vergiels
CHAPTER 304
AN ACT relating to corporations and certain associations; authorizing the secretary of state to microfilm certain documents on file and to return the originals; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The secretary of state may microfilm any document which is filed in his office by a corporation pursuant to this chapter and may return the original document to the corporation.
Sec. 2. Chapter 80 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The secretary of state may microfilm any document which is filed in his office by a foreign corporation pursuant to this chapter and may return the original document to the corporation.
Sec. 3. Chapter 81 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The secretary of state may microfilm any document which is filed in his office by any corporation or association pursuant to this chapter and may return the original document to the corporation or association.
Sec. 4. NRS 85.010 is hereby amended to read as follows:
85.010 In all cases where lands or any other property, amounting in value to $1,000 or upwards, have been or shall hereafter be given, granted, devised or bequeathed to one or more trustees, or persons acting in the capacity of trustees, for the purpose of founding or endowing a hospital, or other charitable asylum within this state, for the care or relief of orphan children, or of sick, infirm, or indigent persons, and [it shall,] for the more effective and perfect administration of such trust, [be] it is deemed expedient by such trustees to organize themselves as a corporation, then the trustees, or persons acting as trustees in whom the lands, or other property, are for the time being invested, may become incorporated by executing under their hands, and acknowledging before some person in this state authorized to take the acknowledgment of deeds, duplicate articles of incorporation, one of which shall be filed or microfilmed in the office of the secretary of state, and one filed or microfilmed in the clerks office of the county in this state in which the office of such incorporation or association may be located, and upon the execution and acknowledgment of such articles, the signers thereof [shall] become [, and be] a body politic and corporate, for the object and purposes set forth in the articles.
κ1977 Statutes of Nevada, Page 573 (CHAPTER 304, AB 680)κ
incorporation or association may be located, and upon the execution and acknowledgment of such articles, the signers thereof [shall] become [, and be] a body politic and corporate, for the object and purposes set forth in the articles. They, their successors and associates shall continue to be such body corporate and politic; and may sue and be sued, take, hold and convey real and personal estate, subject to the limitations hereinafter contained; may adopt a common seal, and change [the same;] it; and may exercise all the powers, and shall be subject to all the responsibilities by law conferred and imposed.
Sec. 5. The secretary of state may microfilm any document which has been filed in his office prior to July 1, 1977, by any corporation or association pursuant to chapters 78, 80 and 81 of NRS, and may return the original document to the corporation or association. If such a corporation or association is no longer in existence or its address is unknown and cannot be ascertained, the secretary of state may, after microfilming the original document, dispose of it in accordance with the provisions of NRS 239.050.
________
Senate Bill No. 241Committee on Taxation
CHAPTER 305
AN ACT relating to property taxes; revising procedures for collection of delinquent taxes by legal action; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.635 is hereby amended to read as follows:
361.635 1. Within 3 days after making the delinquent list in March of each year, the county treasurer: [shall make out]
(a) Shall prepare and deliver to the district attorney of his county a list certified to by him of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $3,000 or more. [, charging him therewith.]
(b) May prepare and deliver to the district attorney of his county, a list certified to by him of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $1,000 or more but less than $3,000.
2. If the delinquent taxes specified in the certified list and penalties and costs are not paid to the county treasurer as ex officio tax receiver within 20 days from the date of delivery of the certified list to the district attorney, the district attorney may, and shall when directed by the board of county commissioners, immediately commence an action for the collection of the delinquent taxes, penalties and costs.
3. The remedy prescribed by this section is in addition to any other remedies provided by law for the collection of delinquent taxes.
________
κ1977 Statutes of Nevada, Page 574κ
Assembly Bill No. 24Assemblyman Barengo
CHAPTER 306
AN ACT relating to parole from juvenile correctional institutions; providing procedures therefor; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 210.240 is hereby amended to read as follows:
210.240 1. When [, in the opinion of the superintendent, an inmate deserves] an inmate is eligible for parole according to regulations established for that purpose, and parole will be to the advantage of the inmate, the superintendent may grant parole under such conditions as he deems best.
2. Each person paroled shall be [provided with] placed in a reputable home and [a school] enrolled in an educational or work program. The school may pay the expenses incurred in providing such a home. [, which expenses shall be paid from funds made available to the school for such purpose.]
3. When any person so paroled has proven his ability to make an acceptable adjustment outside the school, the superintendent shall petition the committing court, requesting dismissal of all proceedings and accusations pending against such person.
4. Any person who violates the conditions of his parole [may be returned to the school.] is subject, after a hearing, to suspension, modification or revocation of his parole.
Sec. 2. NRS 210.250 is hereby amended to read as follows:
210.250 1. The superintendent [may suspend, cancel or revoke any parole without notice, and may order the return to the school of any person upon parole therefrom.] or a parole officer may petition the committing court requesting that the parole of a person paroled from the school be suspended, modified or revoked.
2. Pending a hearing, the committing court may order:
(a) The return of the parolee to the school; or
(b) If approved by the local juvenile facility, that the parolee be held in the local juvenile facility.
3. The school shall pay all actual and reasonably necessary costs for the confinement of a parolee in the local juvenile facility.
4. If requested, the committing court shall allow the parolee reasonable time to prepare for the hearing.
5. The required hearing may be conducted by a judge or master of the committing court, who shall render a decision within 10 days after the conclusion of the hearing.
Sec. 3. NRS 210.260 is hereby amended to read as follows:
210.260 1. The written order of the superintendent is a sufficient arrest warrant for any peace officer to return any person [to the school, if such person is on parole therefrom, has been permitted his liberty upon condition, or] who has escaped from the school.
κ1977 Statutes of Nevada, Page 575 (CHAPTER 306, AB 24)κ
2. All peace officers shall execute such orders in the same manner as provided for the execution of criminal process.
Sec. 4. NRS 210.670 is hereby amended to read as follows:
210.670 1. When [, in the opinion of the superintendent, an inmate deserves] an inmate is eligible for parole according to regulations established for that purpose, and parole will be to the advantage of the inmate, the superintendent may grant parole under such conditions as he deems best.
2. Each person paroled shall be [provided with] placed in a reputable home and [a school] enrolled in an educational or work program. The school may pay the expenses incurred in providing such a home. [, which expenses shall be paid from funds made available to the school for such purpose.]
3. When any person so paroled has proved her ability to make an acceptable adjustment outside the school, the superintendent shall petition the committing court, requesting dismissal of all proceedings and accusations pending against such person.
4. Any person who violates the conditions of her parole [may be returned to the school.] is subject, after a hearing, to suspension, modification or revocation of her parole.
Sec. 5. NRS 210.680 is hereby amended to read as follows:
210.680 1. The superintendent [may suspend, cancel or revoke any parole without notice, and may order the return to the school of any person upon parole therefrom.] or a parole officer may petition the committing court requesting that the parole of a person paroled from the school be suspended, modified or revoked.
2. Pending a hearing, the committing court may order:
(a) The return of the parolee to the school; or
(b) If approved by the local juvenile facility, that the parolee be held in the local juvenile facility.
3. The school shall pay all actual and reasonably necessary costs for the confinement of a parolee in the local juvenile facility.
4. If requested, the committing court shall allow the parolee reasonable time to prepare for the hearing.
5. The required hearing may be conducted by a judge or master of the committing court, who shall render a decision within 10 days after the conclusion of the hearing.
Sec. 6. NRS 210.690 is hereby amended to read as follows:
210.690 1. The written order of the superintendent is a sufficient arrest warrant for any peace officer to return any person [to the school, if such person is on parole therefrom, has been permitted her liberty upon condition, or] who has escaped from the school.
2. All peace officers shall execute such orders in the same manner as provided for the execution of criminal process.
________
κ1977 Statutes of Nevada, Page 576κ
Assembly Bill No. 315Assemblymen Robinson, Sena and Bremner
CHAPTER 307
AN ACT relating to traffic laws; prohibiting the issuance of a bench warrant for the arrest of the owner of a vehicle who did not personally sign a traffic citation for a parking violation, except in certain circumstances; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When a traffic citation for a parking violation has been issued identifying by license number a vehicle registered to a person who has not personally signed the citation, a bench warrant shall not be issued for that person for failure to appear before the court unless:
1. A notice to appear concerning the violation is first sent to such person by first class mail within 20 days after the citation is issued; and
2. The person does not appear within 20 days after the date of the notice or the notice to appear is returned with a report that it cannot be delivered.
________
Assembly Bill No. 341Committee on Government Affairs
CHAPTER 308
AN ACT relating to marriage; providing for separate records for office of commissioner of civil marriages; prohibiting solicitation to perform a marriage; providing a penalty; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.179 is hereby amended to read as follows:
122.179 1. The county shall provide suitable office space, office equipment, office supplies, and secretarial or other clerical personnel necessary for the proper operation of the office of the commissioner of civil marriages. [, and all personnel engaged in the operation of such office shall be employees of the county clerks office.]
2. The county clerk shall establish the office of the commissioner of civil marriages as a separate office and shall maintain separate records for that office.
Sec. 2. NRS 122.189 is hereby amended to read as follows:
122.189 [The] It is unlawful for the commissioner of civil marriages, [and all of the county clerks employees, shall not solicit,] any deputy commissioner, or any employee in the office of the commissioner or in the office of the county clerk to:
κ1977 Statutes of Nevada, Page 577 (CHAPTER 308, AB 341)κ
1. Solicit, accept or receive any gratuity, remuneration or fee whatsoever for the solemnizing of marriages [and shall not participate] ;
2. Participate in or receive the benefits of any fees solicited or received by any other person [.] ; or
3. Influence or attempt to influence any person to have a marriage solemnized in the office of the commissioner of civil marriages.
Sec. 3. Chapter 122 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any county employee, commercial wedding chapel employee or other person to solicit or otherwise influence, while on county courthouse property, any person to be married by a marriage commissioner or justice of the peace or at a commercial wedding chapter.
________
Assembly Bill No. 519Assemblymen Price, Mann, Robinson, Polish, Goodman and Jacobsen
CHAPTER 309
AN ACT relating to juvenile courts; permitting the disclosure of the identity of and the offense charged against repeated juvenile offenders; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 62.200 is hereby amended to read as follows:
62.200 1. If the court [shall find] finds that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court [shall] may determine.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court [may deem] deems to be for the best interests of the child, except as herein otherwise provided.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
κ1977 Statutes of Nevada, Page 578 (CHAPTER 309, AB 519)κ
the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) Place the child, when he is not in school, under the supervision of a public organization to work on public projects. The person under whose supervision the child is placed shall keep such child busy and well supervised and shall make such reports to the court as it may require.
2. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
3. [No] An adjudication by the court upon the status of any child shall not operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name (except as otherwise provided in [this subsection)] subsection 4) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any news medium without a written order of the court. [The name of a child may be published, broadcasted or aired at any time in connection with any proceeding under this chapter only if there have been two previous adjudications that the child has committed offenses which would be felonies if committed by an adult.]
4. If there have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult, and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.
[4.] 5. Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.
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Assembly Bill No. 658Committee on Government Affairs
CHAPTER 310
AN ACT directing the administrator of the division of state lands as ex officio state land registrar on behalf of the Nevada division of forestry to convey certain real property to the Truckee Meadows Fire Protection District; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. After the Truckee Meadows Fire Protection District and the Nevada division of forestry have executed an agreement by the terms of which Truckee Meadows Fire Protection District will provide domestic water for the future development of a nursery administrative site by the Nevada division of forestry, the administrator of the division of state lands, as ex officio state land registrar on behalf of the Nevada division of forestry, shall convey without further consideration to the Truckee Meadows Fire Protection District the following described real property:
κ1977 Statutes of Nevada, Page 579 (CHAPTER 310, AB 658)κ
terms of which Truckee Meadows Fire Protection District will provide domestic water for the future development of a nursery administrative site by the Nevada division of forestry, the administrator of the division of state lands, as ex officio state land registrar on behalf of the Nevada division of forestry, shall convey without further consideration to the Truckee Meadows Fire Protection District the following described real property:
Commencing at the northeast corner of section 25, Township 17 North, Range 19 East, M.D.B. & M.; thence south 0°40′30″ west, along the east line of section 25, 349 feet to the true point of beginning; thence south 0°40′30″ west, 1246.25 feet to the southwest corner of Lot 10, Block F of New Washoe City Subdivision No. 1 as shown on the official plat thereof, filed in the Office of the County Recorder of Washoe County, Nevada, dated Dec. 4, 1959, Document No. 312285; thence north 12°59′41″ west, along the east line of Eastlake Blvd., 1210.95 feet; thence north 77°00′19″ east, 294.52 feet to the true point of beginning.
Situate in the northeast quarter of section 25, Township 17 North, Range 19 East, M.D.B. & M. and containing 4.094 acres of land, more or less.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 673Assemblyman Jeffrey (by request)
CHAPTER 311
AN ACT relating to unincorporated towns; authorizing mergers and amendment of boundaries; and providing other matters properly relating thereto.
[Approved April 30, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of county commissioners in any county to which the Unincorporated Town Government Law applies may, upon request of the town boards involved, adopt ordinances to:
1. Amend the boundaries of any unincorporated town; or
2. Merge two or more unincorporated towns.
Such ordinances may be adopted whether or not the unincorporated town was created under the provisions of the Unincorporated Town Government Law.
Sec. 2. NRS 269.500 is hereby amended to read as follows:
269.500 NRS 269.500 to 269.625, inclusive, and section 1 of this act, may be cited as the Unincorporated Town Government Law.
Sec. 3. NRS 269.505 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 580 (CHAPTER 311, AB 673)κ
269.505 Whenever used in NRS 269.500 to 269.625, inclusive, and section 1 of this act, unless a different meaning clearly appears from the context, the following words and terms defined in NRS 269.510 to 269.520, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 4. NRS 269.570 is hereby amended to read as follows:
269.570 The board of county commissioners may amend any ordinance providing for the formation of an unincorporated town to adjust one or more of the following:
1. [The boundaries of such town.
2.] The list of services to be provided.
[3.] 2. The method of selection of members of the town advisory board.
[4.] 3. The terms of office of the members of the town advisory board.
________
Senate Bill No. 186Senators Sheerin, Gojack, Hilbrecht, Raggio and Foote
CHAPTER 312
AN ACT relating to the Nevada industrial commission; removing a prohibition against certain political activities by employees of the commission; and providing other matters properly relating thereto.
[Approved May 2, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.185 is hereby amended to read as follows:
616.185 1. The commission may employ a secretary, actuary, accountants, examiners, experts, clerks, stenographers, and other assistants, and fix their compensation.
2. The commission shall employ a safety inspector, and fix his compensation.
3. Employments and compensation shall be first approved by the governor and compensation shall be paid out of the state treasury.
4. Actuaries, accountants, inspectors, examiners, experts, clerks, stenographers, and other assistants [shall be] are entitled to receive from the state treasury their actual and necessary expenses while traveling on the business of the commission. Expenses shall be itemized and sworn to by the person who incurred the expense and allowed by the commission.
[5. No employee of the commission shall serve on any committee of any political party.]
________
κ1977 Statutes of Nevada, Page 581κ
Senate Bill No. 517Committee on Government Affairs
CHAPTER 313
AN ACT relating to metropolitan police departments; revising basis for representation on the metropolitan police commission; and providing other matters properly relating thereto.
[Approved May 2, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 280.130 is hereby amended to read as follows:
280.130 1. The metropolitan police commission consists of the sheriff of the county and representatives from the county and from each participating city.
2. [Except as provided in subsection 3, the] The county and [each] the largest participating city are each entitled to [one representative] three representatives on the commission. [for each 47,000 persons residing within the boundaries of the county or of the city. In determining the number of representatives:
(a) A participating political subdivision is not entitled to an additional representative for any fraction of the population which is less than 47,000; and
(b) Persons residing within the boundaries of an incorporated city shall not be included in the population of the county.
3. The county and each participating city are entitled to at least one representative regardless of the number of persons residing within the boundaries of the county or of the city.] Every other participating city is entitled to one representative.
[4.] 3. Each representative of a participating political subdivision shall be a member of its governing body.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 170Committee on Commerce and Labor
CHAPTER 314
AN ACT relating to occupational safety and health; revising provisions on the jurisdiction of the department of occupational safety and health and on application for and issuance of variances; relaxing the experience qualification for enforcement personnel; and providing other matters properly relating thereto.
[Approved May 2, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 590.645 is hereby amended to read as follows:
590.645 [Notwithstanding any limitations in NRS 618.315 to the contrary, the] The department of occupational safety and health of the Nevada industrial commission [shall have power to] may promote safety in the liquefied petroleum gas industry within the state.
κ1977 Statutes of Nevada, Page 582 (CHAPTER 314, SB 170)κ
Nevada industrial commission [shall have power to] may promote safety in the liquefied petroleum gas industry within the state.
Sec. 2. NRS 618.105 is hereby amended to read as follows:
618.105 Employment means any trade, work, business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may be engaged. [except where persons are employed solely in household domestic service.]
Sec. 3. NRS 618.155 is hereby amended to read as follows:
618.155 Place of employment means any place, whether indoors or out or elsewhere, and the premises appurtenant thereto, where, either temporarily or permanently, any industry, trade, work or business is carried on, including all construction work, and where any person is directly or indirectly employed by another for direct or indirect gain or profit. [, but does not include any place where persons are employed solely in household domestic service.]
Sec. 4. NRS 618.255 is hereby amended to read as follows:
618.255 1. The department may employ such qualified employees as in the opinion of the director are necessary to enforce the provisions of this chapter. Such personnel shall be employed under the provisions of chapter 284 of NRS.
2. Any safety and health representative employed by the department shall have [had at least 4 years] practical experience in the field of construction, trade, craft, technical skill, profession or industry in which his services are required.
3. The director and other employees of the department shall 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 department and shall not pursue any other business or vocation or hold any office of profit.
4. [No] An employee of the department shall not serve on any committee of any political party.
Sec. 5. NRS 618.315 is hereby amended to read as follows:
618.315 1. The department has authority [:
1. Over] over working conditions in all places of employment except [:
(a) Those which are subject to the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.) or the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.);
(b) Those which are subject to the jurisdiction of the inspector of mines under the provisions of chapter 512 of NRS.
(c) Those of railroad employees whose safety and health are subject to protection under the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.); and
(d) Motor vehicles operating on public highways of this state. This section does not invest the department with any power, jurisdiction or authority over motor vehicles operating on the public highways.
2. To declare] as limited by subsection 2.
κ1977 Statutes of Nevada, Page 583 (CHAPTER 314, SB 170)κ
2. The authority of the department does not extend to working conditions which:
(a) Exist in household domestic service;
(b) Exist in motor vehicles operating on public highways of this state;
(c) Are regulated by the inspector of mines under the provisions of chapter 512 of NRS; or
(d) Are regulated pursuant to the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.), the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.).
3. The department may:
(a) Declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render [the] employees [of every employment and place of employment] safe as required by lawful order, state standards or regulations or federal standards, as adopted by the department.
[3. To fix] (b) Fix and adopt such reasonable standards and [to] prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which shall be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees. [in employments and place of employment.
4. To adopt] (c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as [shall] render such places safe and healthful.
[5. To require] (d) Require the performance of any other act which the protection of the lives, safety and health in places of employment may reasonably demand.
[6. To provide] (e) Provide the method and frequency of making investigations, examinations and inspections.
[7. To prepare,] (f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for such publications.
[8. To furnish] (g) Furnish blank forms upon request.
[9. To provide] (h) Provide for adequate notice to each employer or employee of his right to administrative review of any department action or decision as set forth in NRS 618.475 and 618.605 and to judicial review.
[10. To consult] (i) Consult with the chief of the bureau of environmental health in the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.
[11. To appoint] (j) Appoint advisers and fix their compensation, who shall assist the department in establishing standards of safety and health, and the department may adopt and incorporate in its general orders such safety and health recommendations as it may receive from such advisers.
κ1977 Statutes of Nevada, Page 584 (CHAPTER 314, SB 170)κ
Sec. 6. NRS 618.415 is hereby amended to read as follows:
618.415 1. Any affected employer may apply to the director for a rule or order for a permanent variance from a standard [promulgated] adopted under this chapter. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The director shall issue such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the permanent variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, the practices, means, methods, operations or processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees or by the director on his own motion, in the manner prescribed for its issuance under this subsection at any time after 6 months from its issuance.
2. Any affected employer may apply to the director for any order granting a temporary variance from a standard adopted under this chapter. The director shall issue the order if he determines that the employer has set forth sufficient reasons and safeguards to justify the temporary variance. He shall include in the order the conditions under which the variance is granted. [An] The application for a temporary [order] variance shall contain:
(a) A specification of the standard or portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons thereof;
(c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
(d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard; and
(e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition to the director for a hearing.
Sec. 7. Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 10, inclusive, of this act.
Sec. 8. The director may grant a variance from any standard or portion thereof whenever he determines that a variance is necessary to permit an employer to participate in an experiment designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
κ1977 Statutes of Nevada, Page 585 (CHAPTER 314, SB 170)κ
permit an employer to participate in an experiment designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
Sec. 9. 1. Any employer may apply to the director for a temporary order granting a variance from a standard which has been adopted pursuant to this chapter but has not become effective. The temporary order may be granted only if the employer files an application which meets the requirements of subsection 2 and, after notice to the affected employees and an opportunity for a hearing, establishes that:
(a) He will not be able to comply with the standard by its effective date because of the unavailability of necessary professional or technical personnel or materials and equipment or because necessary construction or alteration of facilities cannot be completed by that date;
(b) He is taking all available steps to safeguard his employees against the hazards covered by the standard; and
(c) He has a program which will bring the working conditions into compliance with the standard as quickly as practicable.
2. The application for such a temporary order shall contain:
(a) A specification of the standard or portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor;
(c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
(d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard; and
(e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition to the director for a hearing.
Sec. 10. 1. Every temporary order granting a variance from a standard which has not become effective shall prescribe:
(a) The practices, means, methods, operations and processes which the employer must adopt and use while the order is in effect; and
(b) The program to be carried out by the employer to achieve compliance with the standard.
2. Such a temporary order is effective for the period needed by the employer to achieve compliance with the standard or 1 year, whichever period is shorter. The temporary order may be renewed, but not more than twice, if:
(a) The requirements of subsection 1 of section 9 of this act are met; and
(b) An application for renewal is filed at least 90 days before the expiration date of the order.
Each renewal may remain in effect no longer than 180 days.
κ1977 Statutes of Nevada, Page 586 (CHAPTER 314, SB 170)κ
3. The director may issue one interim order to be effective until a decision is made on the basis of the hearing.
Sec. 11. Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 439Committee on Government Affairs
CHAPTER 315
AN ACT relating to economic development revenue bonds; conforming the County and City Economic Development Revenue Bond Laws; expanding the definition of a project to include the furnishing of energy or gas; authorizing the expansion of existing operations; deleting references to national bank investment standards; and providing other matters properly relating thereto.
[Approved May 2, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.9196 is hereby amended to read as follows:
244.9196 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial, warehousing or research and development enterprises.
2. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with furnishing of energy or gas.
3. Any undertaking by a public utility, in addition to that allowed by subsection 2, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 2. NRS 244.9197 is hereby amended to read as follows:
244.9197 1. It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to the end that such counties may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in [or remain] , remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources.
κ1977 Statutes of Nevada, Page 587 (CHAPTER 315, AB 439)κ
agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such counties with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize counties to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
3. It is not intended hereby that any county shall itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
4. No county may by virtue of NRS 244.9191 to 244.9219, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same.
5. NRS 244.9191 to 244.9219, inclusive, shall be liberally construed in conformity with this declaration of purpose.
Sec. 3. NRS 244.920 is hereby amended to read as follows:
244.920 1. After holding a public hearing or hearings, as provided in NRS 244.9199, the board of county commissioners shall proceed no further unless or until by resolution it:
(a) Determines the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
[(c) Receives an evaluation study of the feasibility of the proposed project and the availability of financial resources to satisfy the requirements of paragraph (a) from an independent certified public accountant certified by the Nevada state board of accountancy or from a financial consulting firm incorporated in this state;
(d) Is furnished with evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments enjoys a rating by a nationally recognized bond rating organization sufficiently high for the comptroller of the currency to allow national banks to invest in bonds of the lessee, purchaser, other obligor or guarantor, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence;
κ1977 Statutes of Nevada, Page 588 (CHAPTER 315, AB 439)κ
(e)] ; and
(c) Determines that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement. [; and
(f) Determines, in the case of a project as defined in subsection 1 of NRS 244.9196, that the revenue which can reasonably be expected to be derived from normal operation of the project under normal economic conditions is sufficient with a suitable margin of safety to meet the obligations of a lease, purchase contract or financing agreement which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to paragraph (a).]
2. The board may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the board desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting such approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or a lessees designee or a purchaser or a purchasers designee or an obligor or an obligors designee, the board shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.
4. Prior to the issuance of the bonds, the board shall receive evidence that the contemplated lessee or purchaser, or other enterprise which guarantees principal and interest payments, has received, within the 12 months preceding the issuance of the bonds, a rating within one of the top four rating categories of either Moodys Investor Service, Inc., or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence.
Sec. 4. NRS 244.9202 is hereby amended to read as follows:
244.9202 1. The bonds shall:
(a) Be authorized by resolution;
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their respective dates;
(e) Bear such interest at a rate or rates not exceeding 12 percent per annum;
(f) Be in such form;
(g) Carry such registration privileges;
(h) Be executed in such manner, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which manual signature may be either an official of the county or an officer of the trustee authenticating the same;
(i) Be payable at such place or places within or without the state; and
(j) Be subject to such terms of redemption,
as the authorizing resolution may provide.
κ1977 Statutes of Nevada, Page 589 (CHAPTER 315, AB 439)κ
2. The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, shall determine. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.
3. [The county may exchange all or a part of its bonds for all or an equivalent part of the project for which the bonds are issued, the exchange to be preceded by determination of the fair value of the project or part of the project exchanged for the bonds. Such determination shall be by ordinance and shall be conclusive.
4.] The bonds shall be fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 5. NRS 244.9203 is hereby amended to read as follows:
244.9203 The principal of, the interest on and any prior redemption premiums due in connection with the bonds shall be payable from, secured by a pledge of and constitute a lien on the revenues out of which such bonds shall be made payable. In addition, they may, in the discretion of the county, be secured by [a] :
1. A mortgage covering all or any part of the project, or upon any other property of the lessee, purchaser or obligor, or by a pledge of the lease, the agreement of sale or the financing agreement with respect to such project, or both. [In addition, they may, in the discretion of the county, be secured by a]
2. A pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.
No county is authorized to pledge any of its property or otherwise secure the payment of any bonds with its property, except that the county may pledge the property of the project or the revenues therefrom.
Sec. 5.5. NRS 244.9212 is hereby amended to read as follows:
244.9212 1. Any bonds issued under the provisions of NRS 244.9191 to 244.9219, inclusive, and at any time outstanding may at any time and from time to time be refunded by a county by the issuance of its refunding bonds in such amount as the board may deem necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection therewith.
2. Any such refunding may be effected, whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof, directly or indirectly, to the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby, but the holders of any bonds to be so refunded shall not be compelled, without their consent, to surrender their bonds for payment or exchange prior to the date on which they are payable by maturity date, option to redeem or otherwise, or if they are called for redemption, prior to the date on which they are by their terms subject to redemption by option or otherwise. Except to the extent expressly or impliedly inconsistent with the terms of NRS 244.9191 to 244.9219, inclusive, the provisions of the Local Government Securities Law govern the issuance of such refunding bonds and the establishment of any escrow in connection therewith.
κ1977 Statutes of Nevada, Page 590 (CHAPTER 315, AB 439)κ
3. All refunding bonds, issued under authority of this section, shall be payable solely from revenues out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.
Sec. 6. The City Economic Development Revenue Bond Law, being NRS 268.512 to 268.568, inclusive, is hereby amended by adding thereto sections 7 to 12, inclusive, of this act.
Sec. 7. Finance or financing includes the issue of bonds by a city for the purpose of using substantially all of the proceeds to pay (or to reimburse the obligor or its designee) for the costs of acquiring, improving and equipping a project, whether these costs are incurred by the city, the obligor or a designee of the obligor. Title to or in such project may at all times remain in the obligor or the obligors designee or assignee and, in such case, the bonds of the city shall be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.
Sec. 8. Financing agreement means an agreement pursuant to which the city agrees to issue bonds pursuant to NRS 268.512 to 268.568, inclusive, to finance one or more projects and pursuant to which the obligor agrees to:
1. Make payments (directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the city or the citys designee or assignee, including a trustee, pursuant to such financing agreement) sufficient to pay the principal of, premium, if any, and interest on the bonds;
2. Pay other amounts required by NRS 268.512 to 268.568, inclusive; and
3. Comply with all other applicable provisions of NRS 268.512 to 268.568, inclusive.
Sec. 9. Obligor means the individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, who agrees to make the payments required by the financing agreement.
Sec. 10. Pollution means any form of environmental pollution including but not limited to water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination or noise pollution as determined by the various standards prescribed by this state or the Federal Government.
Sec. 11. Revenues of a project, or derived from a project, include payments under a lease, agreement of sale or financing agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of an obligor executed and delivered by the obligor to the city or the citys designee or assignee (including a trustee) pursuant to such lease, agreement of sale or financing agreement.
Sec. 12. Warehousing means the consignment of personal property from outside this state to a private warehouse within this state for temporary storage during the transit of the property to a final destination outside the state.
κ1977 Statutes of Nevada, Page 591 (CHAPTER 315, AB 439)κ
Sec. 13. NRS 268.514 is hereby amended to read as follows:
268.514 Whenever used in NRS 268.512 to 268.568, inclusive, unless a different meaning clearly appears from the context, the following words and terms defined in NRS 268.516 to 268.522, inclusive, and sections 7 to 12, inclusive, of this act have the meanings ascribed to them in NRS 268.516 to 268.522, inclusive [.] , and sections 7 to 12, inclusive, of this act.
Sec. 14. NRS 268.522 is hereby amended to read as follows:
268.522 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial, warehousing or research and development enterprises.
2. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with furnishing of energy or gas.
3. Any undertaking by a public utility, in addition to that allowed by subsection 2, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 15. NRS 268.524 is hereby amended to read as follows:
268.524 1. It is the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of properties to the end that such cities may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in [or remain] , remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing ad maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such cities with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize cities to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution, or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
κ1977 Statutes of Nevada, Page 592 (CHAPTER 315, AB 439)κ
private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
3. It is not intended hereby that any city shall itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
[3.] 4. No city may by virtue of NRS 268.512 to 268.568, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate within or [near] within 10 miles of the city which would offer substantial competition to an existing enterprise within the county in which such city is located whose intrastate markets are substantially the same.
[4.] 5. NRS 268.512 to 268.568, inclusive, shall be liberally construed in conformity with this declaration of purpose.
Sec. 16. NRS 268.526 is hereby amended to read as follows:
268.526 In addition to any other powers which it may now have, each city shall have the following powers:
1. To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease, or any one or more of such methods, and to improve and equip [, and to sell or otherwise dispose of,] one or more projects or part thereof. Such projects, upon completion of such acquisition, shall be located within or [near] within 10 miles of the city.
2. To finance, sell, lease [to others] or otherwise dispose of any or all of its projects [for such rentals and] upon such terms and conditions as the governing body [may deem] considers advisable.
3. To issue revenue bonds for the purpose of financing or defraying the cost of acquiring, improving and equipping any project [including the payment of principal and interest on such bonds for not exceeding 3 years and all other incidental expenses incurred in issuing such bonds.] as set forth in NRS 268.556.
4. To secure payment of such bonds as provided in NRS 268.512 to 268.568, inclusive.
5. To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise implement the provisions of NRS 268.512 to 268.568, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the governing body and which shall become effective upon adoption.
Sec. 17. NRS 268.530 is hereby amended to read as follows:
268.530 1. After holding a public hearing or hearings, as provided in NRS 268.528, the governing body shall proceed no further unless or until by resolution it:
(a) Determines the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee [or purchaser,] , purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
κ1977 Statutes of Nevada, Page 593 (CHAPTER 315, AB 439)κ
[(c) Receives an evaluation study of the feasibility of the proposed project and the availability of financial resources to satisfy the requirements of paragraph (a) from an independent certified public accountant certified by the Nevada state board of accountancy or from a financial consulting firm incorporated in this state;
(d) Is furnished with evidence that the contemplated lessee, purchaser or other enterprise which guarantees principal and interest payments enjoys a rating by a nationally recognized bond rating organization sufficiently high for the comptroller of the currency to allow national banks to invest in bonds of the lessee, purchaser or guarantor, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence;
(e)] and
(c) Determines that the contemplated lessee [or purchaser] , purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, [or] purchase contract [meanwhile, until the point of profitable operation is reached; and
(f) Determines that the revenue which can reasonably be expected to be derived from normal operation of the facility under normal economic conditions is sufficient with a suitable margin of safety to meet the obligation of a lease or purchase contract which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to paragraph (a).] or financing agreement.
2. The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting such approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or a lessees designee or a purchaser or a purchasers designee [,] or an obligor or an obligors designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the city will be expended solely for the purposes of the project. [Such provision shall include the requirement that any plans not prepared by or under the immediate direction of an appropriate officer of the city be submitted to the governing body for approval before a commitment is made to finance the project. The governing body shall consider in reviewing such plans whether the completed project will meet the economic requirements of subsection 1.]
4. Prior to the issuance of the bonds, the governing body shall receive evidence that the contemplated lessee or purchaser, or other enterprise which guarantees principal and interest payments, has received, within the 12 months preceding the issuance of the bonds, a rating within one of the top four rating categories of either Moodys Investor Service, Inc., or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence.
Sec. 18. NRS 268.532 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 594 (CHAPTER 315, AB 439)κ
268.532 1. All bonds issued by a city under the authority of NRS 268.512 to 268.568, inclusive, shall be special, limited obligations of the city. The principal of and interest on such bonds shall be payable, subject to the [mortgage] security provisions herein, solely out of the revenues derived from the financing, leasing or sale of the project to be financed by the bonds.
2. The bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the city within the meaning of any provision or limitation of the constitution of the State of Nevada or statutes, and shall not constitute nor give rise to a pecuniary liability of the city or a charge against its general credit or taxing powers. Such limitation shall be plainly stated on the face of each such bond.
Sec. 19. NRS 268.534 is hereby amended to read as follows:
268.534 1. The bonds shall:
(a) Be authorized by [ordinance;] resolution;
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their respective dates;
(e) Bear such interest at a rate or rates not exceeding [10] 12 percent per annum;
(f) Be in such form;
(g) Carry such registration privileges;
(h) Be executed in such manner;
(i) Be payable at such place or places within or without the state; and
(j) Be subject to such terms of redemption,
as the authorizing [ordinance] resolution may provide.
2. The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the city, in its discretion, shall determine. As an incidental expense of the project, the city, in its discretion, may employ financial and legal consultants in regard to the financing of the project.
3. [The city may exchange all or a part of its bonds for all or an equivalent part of the project for which the bonds are issued, the exchange to be preceded by determination of the fair value of the project or part of the project exchanged for the bonds. Such determination shall be by ordinance and shall be conclusive.
4.] The bonds shall be fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 20. NRS 268.536 is hereby amended to read as follows:
268.536 The principal of, the interest on and any prior redemption premiums due in connection with the bonds shall be payable from, secured by a pledge of, and constitute a lien on the revenues out of which such bonds shall be made payable. In addition, they may, in the discretion of the city, be secured by [a] :
1. A mortgage covering all or any part of the project, or upon any other property of the lessee, purchaser or obligor, or by a pledge of the lease [of] , the agreement of sale or the financing agreement with respect to such project, or both.
2. A pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.
κ1977 Statutes of Nevada, Page 595 (CHAPTER 315, AB 439)κ
3. No city is authorized to pledge any of its property or otherwise secure the payment of any bonds with its property, except that the city may pledge the property of the project or the revenues therefrom.
Sec. 21. NRS 268.538 is hereby amended to read as follows:
268.538 The [proceedings] resolution under which the bonds are authorized to be issued, and any indenture or mortgage given to secure the same, may contain any provisions customarily contained in instruments securing bonds and constituting a covenant with the bondholders, including, but not limited to:
1. Custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used to defray the cost of the project.
2. The fixing and collection of [rents for the project.] payments, with respect to the project to be made under the lease, the agreement of sale or the financing agreement.
3. The terms to be incorporated in the lease [of the project.] , the agreement of sale or the financing agreement with respect to the project.
4. The maintenance and insurance of the project.
5. The creation of funds and accounts into which any bond proceeds, revenues and income may be deposited or credited.
6. Limitation on the purpose to which the proceeds of any bonds then or thereafter to be issued may be applied.
7. Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the refunding of bonds and the replacement of bonds.
8. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated.
9. Vesting in a trustee or trustees located within or without this state such properties, rights, powers and duties in trust as the governing body may determine, and limiting the rights, duties and powers of such trustees.
10. The rights and remedies available in case of a default to the bondholders or to any trustee under the lease [or a mortgage.] , agreement of sale, financing agreement, indenture or a mortgage.
Sec. 22. NRS 268.540 is hereby amended to read as follows:
268.540 1. The city may provide that proceeds from the sale of bonds and special funds from the revenues of the project shall be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the bonds are authorized to be issued, including but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
κ1977 Statutes of Nevada, Page 596 (CHAPTER 315, AB 439)κ
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by commercial banks [.] , including banks domiciled outside of the United States of America.
2. The city may also provide that such proceeds or funds or investments and the [rents] payments payable under the lease, the agreement of sale or the financing agreement shall be received, held and disbursed by one or more banks or trust companies located within or out of this state.
Sec. 23. NRS 268.542 is hereby amended to read as follows:
268.542 The city may also provide [:] that:
1. The project and improvements to be constructed, if any, shall be constructed by the city, lessee or the lessees designee, purchaser or purchasers designee, obligor or obligors designee, or any one or more of them on real estate owned by the city, the lessee or the lessees designee, or the purchaser or the purchasers designee, or the obligor or the obligors designee, as the case may be.
2. The bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certificate of the lessee or the lessees designee [.
3. The project, if and to the extent constructed on real estate not owned by the city, shall be conveyed to the city not later than its completion.] or of the purchaser or the purchasers designee, or of the obligor or the obligors designee.
Sec. 24. NRS 268.546 is hereby amended to read as follows:
268.546 1. The [proceedings] resolution authorizing any bonds or any indenture or mortgage securing such bonds may provide that if there is a default in the payment of the principle of, the interest on, or any prior redemption premiums due in connection with the bonds or in the performance of any agreement contained in such [proceedings] resolution, indenture or mortgage, the payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge [and collect rents and to] , collect and apply the revenues from the project in accordance with the [proceedings] resolution or the provisions of the indenture or mortgage.
2. Any mortgage to secure bonds issued thereunder, may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the mortgage, it may be foreclosed and there may be a sale in any manner permitted by law. Such mortgage may also provide that any trustee under such mortgage or the holder of any bonds secured thereby may become the purchaser at any foreclosure sale if he is the highest bidder and may apply toward the purchase price unpaid bonds at the face value thereof.
Sec. 25. NRS 268.548 is hereby amended to read as follows:
268.548 1. Prior to the initial leasing, sale or financing of any project, the governing body shall by resolution determine:
κ1977 Statutes of Nevada, Page 597 (CHAPTER 315, AB 439)κ
(a) The amount necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance such project and on any subsequent issues of bonds which may be permitted under the lease, sale or financing and authorizing [proceedings] resolutions pertinent to financings hereunder.
(b) The amount necessary to be paid each year into any reserve funds which the governing body may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
(c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased, sold or financed provide that the lessee, purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.
2. The determination and findings of the governing body, required to be made by subsection 1, shall be set forth in the [proceedings] resolution under which the proposed bonds are to be issued, but the foregoing amounts need not be expressed in dollars and cents in the lease [and proceedings] , agreement of sale or financing agreement and the resolution under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas.
Sec. 26. NRS 268.550 is hereby amended to read as follows:
268.550 Prior to the issuance of any bonds authorized by NRS 268.512 to 268.568, inclusive, the city shall lease, sell or finance the project [to a lessee] under an agreement conditioned upon completion of the project and providing for payment to the city of such [rentals] revenues as, upon the basis of such determinations and findings, will be sufficient to:
1. Pay the principal of and interest on the bonds issued to finance the project.
2. Build up and maintain any reserves deemed advisable by the governing body in connection therewith.
3. Pay the costs of maintaining the project in good repair and keeping it properly insured, unless the [agreement of lease] lease, agreement of sale or financing agreement obligates the lessee, purchaser or obligor to pay for the maintenance and insurance on the project.
Sec. 27. NRS 268.552 is hereby amended to read as follows:
268.552 1. [The] If the project is to be leased, the lease may grant the lessee an option to purchase all or a part of the project at a stipulated purchase price or prices or at a price or prices to be determined upon appraisal as provided in the lease.
2. The option may be exercised at such time or times as the lease may provide.
3. The city and the lessee may agree and provide in the lease that all or a part of the rentals paid by the lessee prior to and at the time of the exercise of such option shall be applied toward such purchase price and shall be in full or partial satisfaction thereof.
Sec. 28. (Deleted by amendment.)
Sec. 29. NRS 268.556 is hereby amended to read as follows:
268.556 1. The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.
κ1977 Statutes of Nevada, Page 598 (CHAPTER 315, AB 439)κ
only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.
2. The cost of acquiring, improving and equipping any project shall be deemed to include the actual cost of acquiring and improving a site or the cost of the construction of any part of a project which may be constructed, [including architects and engineers fees, the purchase price of any part of a project that may be acquired by purchase and all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition.] plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project, including without limitation:
(a) The cost of studies and surveys;
(b) Plans, specifications, architectural and engineering costs;
(c) Legal, organization, marketing or other special services;
(d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;
(e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;
(f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;
(g) An initial bond and interest reserve together with interest on bonds issued to finance such project to a date 6 months subsequent to the estimated date of completion; and
(h) All other necessary and incidental expenses.
Sec. 30. NRS 268.558 is hereby amended to read as follows:
268.558 1. No city shall have the power to pay out of its general fund or otherwise contribute any part of the costs of acquiring, improving and equipping a project and shall not have the power to use land already owned by the city, or in which the city has an equity (unless specifically acquired for uses of the character herein described or unless the land is determined by the governing body no longer to be necessary for other municipal purposes), for the construction thereon of a project or any part thereof.
2. The entire cost of acquiring, improving and equipping any project must be paid out of the proceeds from the sale of the bonds, but this provision shall not be construed to prevent a city from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project [.] , including the completion of the project by the lessee, purchaser or obligor without any cost or liability to the city.
Sec. 31. NRS 268.560 is hereby amended to read as follows:
268.560 1. When all principal of, interest on and any prior redemption premiums due in connection with the bonds issued for a project have been paid in full, and if the option to purchase or option to renew [the] a lease, if any, contained in the lease [have] has not been exercised as to all of the property contained in the project, the lease shall terminate and the city shall sell such remaining property or devote the same to municipal purposes other than those authorized by NRS 268.512 to 268.568, inclusive.
κ1977 Statutes of Nevada, Page 599 (CHAPTER 315, AB 439)κ
same to municipal purposes other than those authorized by NRS 268.512 to 268.568, inclusive.
2. No city may operate any project as a business or in any other manner as a lessor or seller thereof.
3. Any such sale which is not made pursuant to exercise of an option to purchase by the lessee or pursuant to an agreement of sale shall be conducted in the same manner as is then provided by law governing the issuers sale of surplus property.
Sec. 32. NRS 268.562 is hereby amended to read as follows:
268.562 Pursuant to NRS 361.060, all property owned by a city pursuant to NRS 268.512 to 268.568, inclusive, shall be and remain exempt from taxation. The lessee or purchaser shall pay all taxes assessed to him pursuant to NRS 361.157 and 361.159 [.] , and any obligor shall pay all taxes assessed to him in the same manner as any other taxpayer.
Sec. 33. NRS 268.566 is hereby amended to read as follows:
268.566 No action [shall] may be brought questioning the legality of any contract, lease, agreement of sale, financing agreement, indenture, mortgage, resolution proceedings or bonds executed, adopted or taken in connection with any project or improvements authorized by NRS 268.512 to 268.568, inclusive, from and after [60] 30 days from the effective date of the [ordinance] resolution authorizing the issuance of such bonds.
Sec. 34. NRS 268.568 is hereby amended to read as follows:
268.568 1. NRS 268.512 to 268.568, inclusive, without reference to other statutes of the state, shall constitute full authority for the exercise of powers granted in NRS 268.512 to 268.568, inclusive, including but not limited to the authorization and issuance of bonds hereunder.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including without limitation the charter of any city, shall be construed as applying to any proceedings taken under NRS 268.512 to 268.568, inclusive, or acts done pursuant to NRS 268.512 to 268.568, inclusive, except for laws to which reference is expressly made in NRS 268.512 to 268.568, inclusive. [, or by necessary implication of NRS 268.512 to 268.568, inclusive.]
3. The provisions of no other law, either general or local, except as provided in NRS 268.512 to 268.568, inclusive, shall apply to doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in NRS 268.512 to 268.568, inclusive, shall have any authority or jurisdiction over the doing of any of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, except as otherwise provided in NRS 268.512 to 268.568, inclusive.
4. No notice, consent or approval by any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as provided in NRS 268.512 to 268.568, inclusive.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the Statutes of Nevada or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive.
κ1977 Statutes of Nevada, Page 600 (CHAPTER 315, AB 439)κ
Statutes of Nevada or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive.
6. Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive, without the necessity of associating with any other person or entity as cofiduciary (but such association shall not be hereby prohibited), any other law, including NRS 662.245, to the contrary notwithstanding.
7. The powers conferred by NRS 268.512 to 268.568, inclusive, shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 268.512 to 268.568, inclusive, shall not affect the powers conferred by any other law.
[6.] 8. No part of NRS 268.512 to 268.568, inclusive, shall repeal or affect any other law or part thereof, except to the extent that NRS 268.512 to 268.568, inclusive, [is] are inconsistent with any other law, it being intended that NRS 268.512 to 268.568, inclusive, shall provide a separate method of accomplishing its objectives, and not an exclusive one; and NRS 268.512 to 268.568, inclusive, shall not be construed as repealing, amending or changing any such other law except to the extent of such inconsistency.
Sec. 35. This act shall become effective upon passage and approval.
________
Assembly Bill No. 485Assemblymen Gomes, Goodman, Wagner, Coulter, Murphy, Barengo, Kosinski, Mello and Westall
CHAPTER 316
AN ACT authorizing the cities of Reno and Sparks and Washoe County, Nevada, to issue general obligation bonds after approval by the registered electors for the purpose of acquiring by purchase with the proceeds thereof certain real property to be devoted to park purposes; defining certain words and terms; making legislative findings and declarations; specifying certain powers and duties of the governing bodies of the cities of Reno and Sparks and Washoe County in connection with such bonds and the purchase of the described real property; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. As used in this act:
1. City means the city of Reno, Nevada, or the city of Sparks, Nevada, or both the cities of Reno and Sparks, Nevada.
2. County means Washoe County, Nevada.
3. Governing body means the city council of the city of Reno, Nevada, the city council of the city of Sparks, Nevada, and the board of county commissioners of Washoe County, Nevada.
κ1977 Statutes of Nevada, Page 601 (CHAPTER 316, AB 485)κ
4. Park means a detached tract of land set apart and maintained for public use and devoted to the purposes of ornamentation and recreation and furnishing an opportunity for open-air recreation. Park does not include golf courses.
Sec. 2. The legislature by this act determines, finds and declares that:
1. Public officers and citizens of the cities of Reno and Sparks and Washoe County, Nevada, have become increasingly concerned that the rapid development in the area adjacent to what is commonly called the San Rafael Ranch, a natural scenic area offering unique regional park advantages presently zoned for residential-type uses ranging from estate to multiple-family zoning, will result in the elimination of such land in its natural state by sale to private land developers.
2. The owner of the San Rafael Ranch has offered it for immediate sale.
3. The acquisition and preservation of open space in urban areas to serve the needs of people for public recreational use is a proper governmental purpose, and the acquisition of the San Rafael Ranch by the cities of Reno and Sparks and Washoe County, Nevada, for public park use will promote the morals, health, safety and welfare of the public and will otherwise benefit the city and the county and the inhabitants thereof.
4. A general law cannot be made applicable for the acquisition of the San Rafael Ranch because of the number of atypical factors and special conditions concerning such acquisition.
Sec. 3. After the effective date of this act any two or more of the governing bodies of the city and county may:
1. Execute an agreement between themselves proposing the acquisition by purchase of the real property described in section 4 of this act. Each of the governing bodies concerned shall make its issuance of bonds for such acquisition conditional upon the approval of the proposed bond issue by its registered electors.
2. Cause an appraisal of the market value of the land to be made by a member of the American Institute of Real Estate Appraisers and pay for the appraisal.
3. Jointly hold one or more public hearings concerning the desirability and financial feasibility of such purchase.
4. Issue and sell the general obligation bonds of the city and county in such amounts as are agreed upon and evidenced by the agreement executed pursuant to subsection 1 of this section (but such total aggregate amount shall not exceed $6,000,000, exclusive of interest), having first obtained the approval of the general obligation bond commission of Washoe County, Nevada, and the consent of the registered electors of the city and county, for the purpose of purchasing the real property described in section 4 of this act for park purposes. Each governing body shall submit its proposal to issue bonds for approval by its registered electors in accordance with NRS 350.010 to 350.070, inclusive. The general obligation bonds of the city and the county shall be issued in accordance with the Local Government Securities Law. The provisions of this subsection do not authorize the city or county to issue and sell general obligation bonds of the city or county when such issuance and sale would exceed the limitation of the total general obligation bonded indebtedness of the city or county fixed by law.
κ1977 Statutes of Nevada, Page 602 (CHAPTER 316, AB 485)κ
sale would exceed the limitation of the total general obligation bonded indebtedness of the city or county fixed by law.
Sec. 4. 1. The real property which may be acquired by the city and the county with the proceeds of the sales of general obligation bonds authorized by section 3 of this act are those certain pieces or parcels of land situate in the city of Reno and in Washoe County, Nevada, described as follows:
(a) All of the southwest quarter of sec. 34, T. 20 N., R. 19 E., M.D.B. & M., excepting therefrom:
(1) The east half of the east half of the southeast quarter of the southwest quarter; and
(2) That portion conveyed to the city of Reno by deed recorded April 27, 1960, as Document No. 318941, Washoe County, Nevada, records.
(b) All of the southeast quarter of sec. 34, T. 20 N., R. 19 E., M.D.B. & M., excepting therefrom that portion lying within the present right-of-way of U.S. Highway 395.
(c) The northwest quarter of the southwest quarter of sec. 35, T. 20 N., R. 19 E., M.D.B. & M., lying southwesterly of the present right-of-way line of U.S. Highway 395.
(d) The southwest quarter of the southwest quarter of sec. 35, T. 20 N., R. 19 E., M.D.B. & M., lying southwesterly of the present right-of-way line of U.S. Highway 395.
(e) The west half of lot 2 of the northwest quarter of sec. 2, T. 19 N., R. 19 E., M.D.B. & M., lying west of the present right-of-way line of U.S. Highway 395.
(f) The south half of the northwest quarter of sec. 2, T. 19 N., R. 19 E., M.D.B. & M., lying westerly of the present right-of-way line of U.S. Highway 395 and north of the south line of a parcel of land conveyed to Norman B. Herman by deed recorded April 4, 1939, in Book 121 of Deeds, page 412, Washoe County, Nevada, records.
(g) Lot 2 of the northeast quarter of sec. 3, T. 19 N., R. 19 E., M.D.B. & M., lying north of the north line described in a document recorded July 14, 1936, in Book 106 of Deeds, page 272, as Document No. 74636, Washoe County, Nevada, records.
(h) Two parcels of state highway property designated Parcel Nos. F821WA009.598 and F821WA009.186 comprising a corridor for McCarran Boulevard (Ring Road) varying in width from a maximum of 400 feet to a lesser amount, being a portion of the south half of the south half of sec. 34, and the southwest quarter of the southwest quarter of sec. 35, all in T. 20 N., R. 19 E., M.D.B. & M., more fully described by metes and bounds as follows:
(1) Parcel No. F821WA009.598
Beginning at the intersection of the right or southerly right-of-way line of McCarran Boulevard, Project SSU821(3), and the north-south quarter line of sec. 34, T. 20 N., R. 19 E., M.D.B. & M., at a point 125.00 feet right of and at right angles to Highway Engineers Station E 602 + 46.25 P.O.T.; such point further described as bearing N. 80°03′28″ W. a distance of 2658.42 feet from the southeast corner of sec. 34; thence N. 1°06′06″ E. along such quarter line a distance of 251.55 feet to an intersection with the left or northerly right-of-way line of McCarran Boulevard; thence along such right-of-way line the following courses and distances: N.
κ1977 Statutes of Nevada, Page 603 (CHAPTER 316, AB 485)κ
to an intersection with the left or northerly right-of-way line of McCarran Boulevard; thence along such right-of-way line the following courses and distances: N. 84°45′15″ E., a distance of 725.94 feet to a point; thence N. 69°22′41″ E. a distance of 414.85 feet to a point; thence N. 88°53′52″ E. a distance of 249.54 feet to a point; thence S. 67°55′20″ E. a distance of 301.41 feet to a point; thence S. 86°16′31″ E. a distance of 1253.77 feet to a point; thence N. 86°23′43″ E. a distance of 497.99 feet to a point; thence N. 8°36′53″ W. a distance of 96.07 feet to a point; thence N. 57°14′23″ W. a distance of 330.00 feet to a point; thence N. 32°45′37″ E. a distance of 55.30 feet to an intersection with the existing left or westerly right-of-way line of U.S. 395; thence along such right-of-way line the following courses and distances; S. 57°14′23″ E. a distance of 222.04 feet to a point; thence from a tangent which bears the last described course, curving to the right with a radius of 1150.00 feet, through an angle of 33°02′19″; an arc distance of 663.13 feet to an intersection with the right or southerly right-of-way line of McCarran Boulevard; thence along such right-of-way line the following courses and distances: N. 62°39′39″ W. a distance of 161.85 feet to a point; thence S. 81°23′07″ W. a distance of 266.70 feet to a point; thence N. 89°46′02″ W. a distance of 1211.11 feet to a point; thence N. 82°40′24″ W. a distance of 400.78 feet to a point; thence S 64°56′22″ W. a distance of 114.12 feet to a point; thence N. 81°53′35″ W. a distance of 420.36 feet to a point; thence S. 84°45′15″ W. a distance of 1213.77 feet to the point of beginning. The parcel contains an area of 23.47 acres, more or less.
(2) Parcel No. F821WA009.186
Beginning on the right or southerly right-of-way line of McCarran Boulevard, Project SSU821(3), at a point 125.00 feet right of and at right angles to Highway Engineers Station E 580 + 71.92 P.O.T.; such point further described as bearing N. 56°36′36″ E. a distance of 565.20 feet from the southwest corner of sec. 34, T. 20 N., R. 19 E., M.D.B. & M.; thence N. 0°34′26″ W. a distance of 143.53 feet to a point; thence S. 89°26′44″ W. a distance of 475.00 feet to a point on the west boundary of sec. 34; thence N. 0°34′26″ W. along such boundary a distance of 21.24 feet to an intersection with the left or northerly right-of-way line of McCarran Boulevard; thence along such right-of-way line the following courses and distances: N. 78°09′26″ E. a distance of 843.66 feet to a point; thence S. 85°27′52″ E. a distance of 294.27 feet to a point; thence N. 84°45′15″ E. a distance of 1200.99 feet to a point on the west boundary of the Thornton property; thence S. 0°53′10″ W. along such boundary a distance of 251.45 feet to an intersection with the right or southerly right-of-way line; thence along such right-of-way line the following courses and distances: S. 84°45′15″ W. a distance of 1314.13 feet to a point; thence S. 77°37′47″ W. a distance of 201.56 feet to a point; thence N. 88°07′14″ W. a distance of 201.56 feet to a point; thence S. 84°45′15″ W. a distance of 128.08 feet to the point of beginning. The parcel contains an area of 11.86 acres, more or less.
2. The authority to utilize the proceeds of the sales of general obligation bonds authorized by section 3 of this act for the purchase of the lands described in subsection 1 of this section shall not be diminished by the fact of a prior sale of a portion thereof by the owner prior to purchase by the city and the county or the taking of a portion thereof for public use pursuant to chapter 37 of NRS prior to purchase by the city and the county; and any remaining portion may be purchased with the bond proceeds.
κ1977 Statutes of Nevada, Page 604 (CHAPTER 316, AB 485)κ
by the fact of a prior sale of a portion thereof by the owner prior to purchase by the city and the county or the taking of a portion thereof for public use pursuant to chapter 37 of NRS prior to purchase by the city and the county; and any remaining portion may be purchased with the bond proceeds.
Sec. 5. 1. If the land is purchased by the city and the county the deed from the owner to the purchasers shall convey title to the purchasers as tenants in common, and shall restrict the use of such lands, except as otherwise provided in subsection 2 of this section, to park purposes.
2. After purchase the owners shall cause a master plan of the land to be prepared. If it subsequently is found that:
(a) Any portion or portions of the land so acquired are not compatible with the master plan and the planned use for park purposes, such portion or portions may be sold by the owners in the manner provided by NRS 244.281.
(b) Sales of a portion of the land to the Washoe County School District or the University of Nevada for public school or educational purposes is necessary for public school or educational purposes and would not be contrary to the master plan, such sales may be made to the Washoe County School District or the University of Nevada for a price equal to the cost of its original acquisition.
3. All moneys received by the city and county from sales made pursuant to subsection 2 of this section shall be divided according to the interests of the owners and deposited by them to the credit of the appropriate city or county debt service fund to be used in paying principal and interest on the bonds issued to acquire the property.
Sec. 6. 1. The city and the county are authorized to:
(a) Make contracts and execute all instruments necessary or convenient in connection with the purchase and subsequent development and management of the land, including but not limited to contracts with the Federal Government and the State of Nevada.
(b) Extend, better and otherwise improve the land for park purposes. Development of the land for park purposes by the city and the county shall be compatible in kind and nature with the McCarran Boulevard highway corridor.
(c) Acquire any construction work, improvement or improvements of any nature in connection with the land in the manner provided by law.
(d) Exercise all or any part or combination of the powers granted in this act.
(e) Do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act; and
(f) Have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act.
2. The specific powers in subsection 1 of this section shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this act.
Sec. 7. This act, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purpose.
κ1977 Statutes of Nevada, Page 605 (CHAPTER 316, AB 485)κ
Sec. 8. 1. This act, without reference to other statutes of the state, except as otherwise provided in this act, shall constitute full authority for the exercise of powers therein granted concerning the borrowing of money to purchase the land wholly or in part and the issuance of bonds or other securities to evidence such loans.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power granted in this act that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts therein authorized to be done shall be construed as applying to any proceedings taken under this act or acts done pursuant thereto, except as therein otherwise provided.
3. The provisions of no other law, either general, special or local, except as otherwise provided in this act, shall apply to the doing of the things therein authorized to be done; and no public body, other than the county and the city acting by and through the board and the council, respectively, shall have authority or jurisdiction over the doing of any of the acts authorized in this act to be done.
Sec. 9. 1. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.
2. Nothing contained in this act shall be construed as preventing the exercise of any power granted to either the city or the county or any officer, agent or employee thereof, by any other law.
3. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 10. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 500Assemblyman Jacobsen
CHAPTER 317
AN ACT relating to property tax; requiring notice if the state board of equalization proposes to increase the valuation of property on the assessment roll; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.395 is hereby amended to read as follows:
361.395 1. During the annual session of the state board of equalization beginning on the 1st Monday in February of each year, the state board of equalization shall:
κ1977 Statutes of Nevada, Page 606 (CHAPTER 317, AB 500)κ
[1.] (a) Equalize property valuations in the state, including the valuation of livestock theretofore established by the Nevada tax commission.
[2.] (b) Review the tax rolls of the various counties as corrected by the county boards of equalization thereof and raise or lower, equalizing and establishing the full cash value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the Nevada tax commission, of any class or piece of property in whole or in part in any county, including also livestock and those classes of property enumerated in NRS 361.320.
2. If the state board of equalization proposes to increase the valuation of any property on the assessment roll, it shall give 10 days notice to interested persons by registered or certified mail or by personal service. The notice shall state the time when and place where the person may appear and submit proof concerning the valuation of the property. A person waives the notice requirement if he personally appears before the board and is notified of the proposed increase in valuation.
________
Senate Bill No. 2Senator Hilbrecht
CHAPTER 318
AN ACT relating to corporations; removing the requirement for certain publications and filings; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.170 is hereby amended to read as follows:
78.170 1. [Any] Each corporation required to make the filings and pay the fee provided in NRS 78.150 to 78.190, inclusive, which refuses or neglects to do so within the time provided [,] shall be deemed in default.
2. For default there shall be added to the amount of the fee a penalty of $5, and unless the filings are made and the fee and penalty are paid on or before the 1st Monday in [August] March following, the defaulting corporation shall, by reason of its default, forfeit:
(a) The amount of the tax and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty shall be collected as provided in this chapter.
Sec. 2. NRS 78.175 is hereby amended to read as follows:
78.175 1. On or before October 15 of each year, the secretary of state shall compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. [The secretary of state shall cause such list to be published five times in the week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, a notice to the effect:
κ1977 Statutes of Nevada, Page 607 (CHAPTER 318, SB 2)κ
(a) That unless the filing fee owing by such corporation, together with the penalties and all costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state;
(b) That the charters of all defaulting domestic corporations will be revoked unless payment is made as aforesaid; and
(c) That if the charter of any corporation is revoked pursuant to the provisions of this section and remains revoked for a period of 10 consecutive years, it may not be reinstated.
3.] Immediately after the 1st Monday in March the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been [annulled and whose charters have been revoked.] forfeited. The secretary of state shall forthwith notify the several county clerks in whose offices the articles of incorporation which have been forfeited are on file and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its charter. In case of a reinstatement, [as provided in NRS 78.180,] the secretary of state shall also notify immediately the county clerks of [such] the fact.
[4.] 3. In case of forfeiture of the charter and of the right to transact business thereunder, all the property and assets of the defaulting domestic corporation shall be held in trust by the directors of [such] the corporation as [in cases of] for insolvent corporations, and the same proceedings may be had with respect thereto as are applicable to insolvent corporations. Any person interested may institute [such] proceedings at any time after a forfeiture has been declared, [as herein provided,] but [in case] if the secretary of state reinstates the charter the proceedings shall at once be dismissed and all property restored to the officers of the corporation.
[5. In case] 4. Where the assets are distributed they shall be applied: [as follows:]
(a) To the payment of the filing fee, penalties and costs due to the state;
(b) To the creditors of the corporation; and
(c) Any balance remaining shall be distributed among the stockholders.
Sec. 3. NRS 80.190 is hereby amended to read as follows:
80.190 1. Except as otherwise provided in subsection 3, [all foreign corporations] each foreign corporation doing business in this state shall, not later than the month of March in each year, publish a statement of [their last calendar years business in some newspaper selected by the corporation and published in the State of Nevada. If published in a daily newspaper, the statement shall be published for five consecutive times in 1 week, or if published in a semiweekly or triweekly newspaper for a period of 2 weeks, or if published in a weekly newspaper for a period of 4 weeks. In any case in which the statement is published in a semimonthly newspaper, issued twice monthly, the statement shall be published in four consecutive numbers or issues of the newspaper.] its last calendar years business in three consecutive issues of a newspaper published in this state.
κ1977 Statutes of Nevada, Page 608 (CHAPTER 318, SB 2)κ
2. The secretary of the corporation publishing the statement shall [file a copy with] notify the assessor of each county in this state in which the corporation is doing business.
3. If the corporation keeps its records on the basis of a fiscal year other than the calendar, the statement required by subsection 1 shall be published not later than the end of the third month following the close of [such] each fiscal year.
Sec. 4. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 314Committee on Health and Welfare
CHAPTER 319
AN ACT relating to crimes; defining certain activities involving federal food stamps as crimes; providing penalties; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, unless the context otherwise requires:
(a) Authorization to purchase means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.
(b) Act means the Food Stamp Act of 1964 (7 U.S.C. 2011, et seq.) and regulations promulgated thereunder.
(c) Coupon means a food stamp issued by the United States Department of Agriculture as provided in the Act.
2. Any person who knowingly uses, transfers, acquires, alters or possesses coupons or authorizations to purchase and who is not authorized by the Act to do so, or who knowingly presents or causes to be presented coupons or authorizations to purchase which are received, transferred or used in a manner not authorized by the Act, shall be punished:
(a) For a misdemeanor, if the value of the coupons or authorizations to purchase is less than $100.
(b) For a gross misdemeanor, if the value of the coupons or authorizations to purchase is $100 or more, but less than $1,000.
(c) 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, if the value of the coupons or authorizations to purchase is $1,000 or more.
3. The state welfare administrator shall advise the attorney general of violations of this section which are brought to his attention and the attorney general may prosecute the violations independently of the power of any district attorney to do so.
κ1977 Statutes of Nevada, Page 609 (CHAPTER 319, AB 314)κ
of violations of this section which are brought to his attention and the attorney general may prosecute the violations independently of the power of any district attorney to do so.
________
Assembly Bill No. 546Assemblyman Vergiels
CHAPTER 320
AN ACT relating to education; requiring hearings involving the suspension or expulsion of pupils be closed to the public; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 392.030 is hereby amended to read as follows:
392.030 1. The board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district in accordance with rules and hearing procedures complying with requirements of due process of law.
2. No pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion pursuant to this section.
3. The provisions of chapter 241 of NRS and NRS 386.335 do not apply to any hearing conducted under this section. Such hearings shall be closed to the public.
________
Assembly Bill No. 444Committee on Commerce
CHAPTER 321
AN ACT relating to the taxicab authority; permitting certificate holders to self-insure the first $50,000 of liability for each accident; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.8828 is hereby amended to read as follows:
706.8828 1. A certificate holder shall file with the administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.
κ1977 Statutes of Nevada, Page 610 (CHAPTER 321, AB 444)κ
2. The insurance policy specified in subsection 1 shall:
(a) Provide the following coverage:
For injury to one person in any one accident...................... $100,000
For injury to two or more persons in any one accident..... 300,000
For property damage in any one accident............................ 10,000
(b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days written notice to the administrator; and
(c) Contain such other notice provisions as may be required by law to be given to the certificate holder.
3. If an insurance policy is canceled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by such policy until other insurance is furnished.
4. A certificate holder to whom the drivers license division of the department of motor vehicles has issued a certificate of self-insurance may self-insure the first $50,000, combined single-limit, per accident, of the coverage required by subsection 2.
________
Senate Bill No. 337Committee on Commerce and Labor
CHAPTER 322
AN ACT relating to real estate brokers and salesmen; providing for certain educational standards; making technical changes; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.343 is hereby amended to read as follows:
645.343 1. In addition to the other requirements contained in this chapter, an applicant for an original real estate salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed a course of instruction in real estate principles, practices, procedures, law and ethics, which course may be an extension or correspondence course offered by the University of Nevada System, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.
2. Except as provided in NRS 645.475, and in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed a college level course of three semester units or an equivalent number of quarter units in real estate law and another course of equal length in the principles of real estate, and satisfied the experience requirements of subsection 3 of NRS 645.330.
κ1977 Statutes of Nevada, Page 611 (CHAPTER 322, SB 337)κ
3. [On and after January 1, 1976, in] In addition to the other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics.
4. On and after January 1, 1978, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
5. On and after January 1, 1982, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses.
6. On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses in real estate, business and economics.
7. On and after January 1, 1978, for the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter shall receive credit for the equivalent of 16 semester units of college level courses for each two years of active experience he has as a licensed real estate salesman.
8. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers or broker-salesmans license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting such requirements.
9. The educational requirements of subsection 5 and 6 include and are not in addition to the requirements in each preceding subsection.
10. An applicant for a brokers examination pursuant to NRS 645.475 shall meet the educational prerequisites applicable on the date his application is received by the real estate division.
11. For the purposes of this section, college level courses are courses offered by any accredited college or university [and which fulfill baccalaureate degree requirements.] or by any other institution which meet the standards of education established by the commission. The commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the commission requires.
Sec. 2. NRS 645.420 is hereby amended to read as follows:
645.420 1. Except as provided in subsection 2, all applications for licenses as real estate brokers, broker-salesmen or real estate salesmen shall be acted upon by the real estate division within 30 days from the date of the written examination, as provided and scheduled in NRS 645.450, next following the filing of applications therefore.
κ1977 Statutes of Nevada, Page 612 (CHAPTER 322, SB 337)κ
licenses as real estate brokers, broker-salesmen or real estate salesmen shall be acted upon by the real estate division within 30 days from the date of the written examination, as provided and scheduled in NRS 645.450, next following the filing of applications therefore. No license [shall] may be issued by the real estate division until the application therefor has been approved by the commission.
2. All applications for licenses as real estate brokers where the applicant takes the written examination prior to meeting the experience requirements of subsection 3 of NRS 645.330 shall be acted upon by the real estate division within 30 days from the date the applicant furnishes proof satisfactory to the division that all the requirements of this chapter have been met.
3. If in the opinion of the real estate division additional investigation of the applicant appears necessary, the real estate division may extend the 30-day period and may make such additional investigation as [it deems] is necessary or desirable prior to acing on the applicants application.
4. The burden of proof shall in every respect be upon the applicant to establish to the satisfaction of the real estate division that he is qualified to receive a license.
5. The division shall notify each applicant in writing of his passing or failing the examination.
________
Assembly Bill No. 446Assemblymen Dreyer, Brookman, May, Sena, Kissam, Hayes and Gomes
CHAPTER 323
AN ACT relating to optometry; providing for the licensing of extended clinical facilities; exempting students and instructors at such clinics from licensing requirements; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as provided in subsection 2, a person is exempt from the provisions of this chapter regulating the practice of optometry if he is engaged in a clinical program of a school or college of optometry accredited by the board and if the person is:
(a) A student who is enrolled in a clinical program of an undergraduate or graduate course of study in optometry at such a school or college; or
(b) Licensed to practice optometry in another state and is employed as a clinician or instructor at such a school or college.
2. A person who is employed as a clinician or instructor and who engages in the practice of optometry in this state is required to be licensed by the board.
κ1977 Statutes of Nevada, Page 613 (CHAPTER 323, AB 446)κ
Sec. 3. 1. The board may grant a license to an accredited school or college of optometry to establish an extended clinical facility for the treatment of subnormal vision and shall adopt reasonable regulations and establish procedures for such purpose. If a license is granted, it is effective for only 1 year unless renewed by the board.
2. An accredited school or college of optometry which desires to establish an extended optometric clinical facility in this state shall apply to the board for a license, and the application shall contain the following information:
(a) The name and address of the proposed facility;
(b) The date when the school or college desires to commence operation of the facility;
(c) A brief description of the facility and of the equipment which will be available for use there;
(d) The kinds of optometric services to be rendered; and
(e) The name and address of each instructor or clinician to be employed at the facility, his academic qualifications and any licenses which entitle him to practice optometry in this or any other state.
3. Every school or college of optometry which operates a licensed facility in this state shall notify the board if the school or college changes its instructors or clinicians, the location of the facility or the content of a clinical program.
4. For purposes of this section, extended clinical facility for the treatment of subnormal vision means a clinical facility which renders optometric services and is operated by an accredited school or college of optometry, but which is located beyond the boundaries of the principal campus of such school or college.
Sec. 4. NRS 636.280 is hereby amended to read as follows:
636.280 The amount of fees under this chapter shall be:
Examination fee................................................................................................... $50
Reexamination fee.............................................................................................. 50
Reciprocity application fee............................................................................... 200
License issuance fee.......................................................................................... 25
Annual license renewal fee: Not less than $25, and not more than $100, as the board [shall determine] determines annually.
License fee for an extended clinical facility: Not less than $25, and not more than $100, as the board determines.
Duplicate license fee.......................................................................................... 25
Duplicate renewal card issuance fee............................................................... 10
________
κ1977 Statutes of Nevada, Page 614κ
Assembly Bill No. 85Committee on Agriculture
CHAPTER 324
AN ACT relating to public weighmasters; revising provisions; increasing fees for issuance and renewal of certificates of appointment; specifying grounds for suspension or revocation of appointments; reducing period for retention of records; declaring certain acts unlawful and providing penalties; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 582.010 is hereby amended to read as follows:
582.010 [Within the meaning of] As used in this chapter, net weight [shall be] means the correct or actual weight of the commodity, excluding the weight of the container [.] or conveyance.
Sec. 2. NRS 582.020 is hereby amended to read as follows:
582.020 As used in this chapter, person [includes natural persons, partnerships, corporations, companies, societies and associations.] means a natural person, association, joint venture, partnership, business trust, syndicate, corporation or other form of business organization.
Sec. 3. NRS 582.025 is hereby amended to read as follows:
582.025 The state sealer of weights and measures [is authorized to make rules and regulations promulgated for the efficient enforcement of this chapter] may adopt such regulations as are reasonably necessary to carry out the provisions of this chapter. Any such regulations shall comply, insofar as practicable, with specifications, tolerances and regulations recommended by the National Bureau of Standards.
Sec. 4. NRS 582.030 is hereby amended to read as follows:
582.030 1. Any person [, firm, corporation, partnership or individual engaged in the business of public weighing for hire, or any person, firm or corporation who shall weigh or measure any commodity, produce, article or articles, and issue therefor a weight certificate which shall be accepted as the accurate weight upon which the purchase or sale of such commodity, produce, article or articles is based, may, upon application, be appointed as a public weighmaster by the state sealer of weights and measures.] may apply to the state sealer of weights and measures for appointment as a public weighmaster with authority to issue state certificates of weights and measures upon which the purchase or sale of commodities or charge for services or equipment will be based.
2. Before issuing a certificate of appointment as a public weighmaster, the state sealer of weights and measures or his deputy shall:
(a) Test all weighing apparatus to be used.
(b) Inspect the premises intended for such use.
(c) Satisfy himself that the applicant is in every way equipped, qualified, competent and of such character that he should be appointed a public weighmaster.
Sec. 5. NRS 582.040 is hereby amended to read as follows:
582.040 If satisfied with the applicants qualifications, the state sealer of weights and measures shall issue a certificate of appointment as a public weighmaster, for which certificate he shall charge a fee of [$15.]
κ1977 Statutes of Nevada, Page 615 (CHAPTER 324, AB 85)κ
a public weighmaster, for which certificate he shall charge a fee of [$15.] $30. The certificate of appointment is valid for the calendar year in which it is issued. Renewal of the certificate of appointment may be obtained each year upon application to the state sealer of weights and measures, accompanied by a fee of [$10,] $20, on or before the last day of January.
Sec. 6. NRS 582.050 is hereby amended to read as follows:
582.050 1. The state sealer of weights and measures may suspend or revoke the certificate of appointment of any public weighmaster at any time for: [cause or upon complaint filed.]
(a) Improper maintenance or use of weighing or measuring equipment.
(b) Issuance of a weight certificate not containing all required information.
(c) Failure to keep and preserve records as required by this chapter.
(d) Conviction of any act declared unlawful by this chapter.
(e) Failure to perform the duties of weighing or measuring for the public, except in those instances where damage or misuse of the weighing or measuring device will result.
2. The state sealer of weights and measures may require a public weighmaster whose certificate of appointment has been suspended or revoked to return his certificate of appointment, state seal and state certificates of weights and measures.
Sec. 7. NRS 582.060 is hereby amended to read as follows:
582.060 1. The state sealer of weights and measures may require [reasonable] bonds from public weighmasters in such reasonable amounts and under conditions as [the state sealer of weights and measures] he deems necessary for the faithful performance of their duties. The procuring and filing of such bonds shall be in accordance with [rules and] regulations [promulgated] adopted by the state sealer of weights and measures.
2. If a public weighmasters bond is canceled, his certificate of appointment is suspended automatically and shall remain suspended until his bond is renewed.
Sec. 8. NRS 582.080 is hereby amended to read as follows:
582.080 1. The state sealer of weights and measures shall prescribe a form of weight certificate to be used by all public weighmasters.
2. The certificate shall be [known as] designated the state certificate of weights and measures. Public weighmasters or their deputies shall record the following when issuing any weight certificate:
(a) The kind of [product weighed.] commodity weighed, measured or counted.
(b) The name of the owner, agent or consignee of the [product.] commodity.
(c) The name of the recipient of the [product,] commodity, if applicable.
(d) The weight of the [product] commodity and the vehicle or container broken down as follows:
(1) The gross weight of the [product] commodity and the vehicle or container thereof; [or]
(2) The tare weight of the unladened vehicle or container; or
κ1977 Statutes of Nevada, Page 616 (CHAPTER 324, AB 85)κ
(3) Both [such] the gross and tare weight and the resultant true net weight of the [product.] commodity.
(e) The number of units of the [product,] commodity, if applicable.
(f) The measure of the commodity, if applicable.
(g) The date the certificate is issued.
[(g)] (h) The identification, including the identification number, if any, of the carrier transporting the [product.] commodity.
[(h)] (i) Such other information as may be necessary to distinguish or identify the [product] commodity from a like kind.
3. [No] A public weighmaster shall not use a certificate other than the one prescribed in this section [shall be used by public weighmasters unless] unless the use is approved by the state sealer of weights and measures.
Sec. 9. NRS 582.105 is hereby amended to read as follows:
582.105 1. [State] All state certificates of weights and measures forms remain the property of the state while in the custody of public weighmasters or their deputies.
2. Upon the suspension or revocation of any public weighmasters certificate of [authority] appointment or upon his surrendering or failing to renew [such] his certificate, all unused forms shall be returned to the state sealer of weights and measures.
Sec. 10. NRS 582.110 is hereby amended to read as follows:
582.110 1. Any public weighmaster employing or designating any person to act for him as a deputy public weighmaster [shall be] is responsible for the acts performed by such person, and the public weighmaster shall forward the name and address of such person [so appointed] to the state sealer of weights and measures.
2. A public weighmaster or his deputy may complete, sign and issue a state certificate of weights and measures based on information already recorded on the certificate by another deputy who has actually performed the weighing, measuring or counting if the performance of all such persons is pursuant to the authority of the same public weighmasters certificate of appointment.
Sec. 11. NRS 582.120 is hereby amended to read as follows:
582.120 All public weighmasters shall keep and preserve correct and accurate records of all public weighings, [as provided in this chapter, which] measurings or countings. The records shall at all times be open for inspection by the state sealer of weights and measures or his deputy. [Such] The records shall be kept in a safe place for [a period of 6] 4 years, after which time [they shall be destroyed or otherwise disposed of by public weighmasters.] the weighmasters may destroy or otherwise dispose of the records.
Sec. 12. NRS 582.130 is hereby amended to read as follows:
582.130 When any [product] commodity is sold subject to [public weighmaster weights,] a public weighmasters weight, [such] the weight shall be the true net weight of the [product.] commodity.
Sec. 13. NRS 582.140 is hereby amended to read as follows:
582.140 1. When doubt or difference arises as to the correctness of the net or gross weight of any amount or part of the amount of any commodity [, produce, article or articles] for which a state certificate of weights and measures has been issued by a public weighmaster, the owner, agent or consignee may, upon complaint to the state sealer of weights and measures or his deputy, have the amount or part of the amount of [any] the commodity [, produce, article or articles] reweighed by the state sealer of weights and measures, or a public weighmaster designated by the state sealer of weights and measures, upon depositing with the state sealer of weights and measures a sufficient sum of money to defray the actual cost of reweighing.
κ1977 Statutes of Nevada, Page 617 (CHAPTER 324, AB 85)κ
of weights and measures has been issued by a public weighmaster, the owner, agent or consignee may, upon complaint to the state sealer of weights and measures or his deputy, have the amount or part of the amount of [any] the commodity [, produce, article or articles] reweighed by the state sealer of weights and measures, or a public weighmaster designated by the state sealer of weights and measures, upon depositing with the state sealer of weights and measures a sufficient sum of money to defray the actual cost of reweighing.
2. If, on reweighing, a difference in the original weight is discovered [as] and determined to have been the result of fraud, carelessness or faulty apparatus, the cost of reweighing shall be borne by the public weighmaster responsible for the issuance of [such] the faulty state certificate of weights and measures.
Sec. 14. NRS 582.160 is hereby amended to read as follows:
582.160 [1. All state certificates of weights and measures, as provided by this chapter, shall contain the accurate and correct weight of any and all commodities weighed when issued by a public weighmaster.
2. Any public weighmaster or his representative who shall issue a state certificate of weights and measures giving a false weight or measure of any article or commodity weighed or measured by him to any person, firm or corporation shall be guilty of a misdemeanor, and the state sealer of weights and measures may direct and compel the return to him of the state seal, or declare his bond as public weighmaster forfeited, or both.] It is unlawful for any person to:
1. Issue a state certificate of weights and measures unless he holds a certificate of appointment as a public weighmaster.
2. Issue a state certificate of weights and measures giving a false weight, measure or count.
3. Possess any blank state certificates of weights and measures if he does not hold a valid certificate of appointment as a public weighmaster.
Sec. 15. NRS 582.170 is hereby amended to read as follows:
582.170 [Any person, firm or corporation who shall request] It is unlawful for any person to:
1. Request a public weighmaster or any person employed by him to weigh [any product, commodity, article or articles] , measure or count any commodity falsely or incorrectly. [, or who shall request]
2. Request a false or incorrect state certificate of weights and measures. [, or any person issuing a state certificate of weights and measures who is not a public weighmaster, as provided for in this chapter, shall be guilty of a misdemeanor.]
3. Give false information to a weighmaster for use in the purchase or sale of a commodity.
Sec. 16. NRS 582.180 is hereby amended to read as follows:
582.180 Any person violating any of the provisions of this chapter [shall be] is guilty of a misdemeanor.
________
κ1977 Statutes of Nevada, Page 618κ
Assembly Bill No. 290Committee on Judiciary
CHAPTER 325
AN ACT relating to loans; providing for the disposition of certain advance, unearned fees; providing penalties; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for a person to receive an advance fee, salary, deposit or money for the purpose of obtaining a loan for another unless he:
(a) Places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan; or
(b) Refunds the full amount of the payment immediately upon demand of the person who made the payment.
2. Any person who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor if the amount is less than $100;
(b) Is guilty of a gross misdemeanor if the amount is $100 or more but less than $1,000; or
(c) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.
Sec. 2. Chapter 645B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The amount of any advance fee, salary, deposit or money paid to any mortgage company or other person for the purpose of obtaining a loan which will be secured by a lien on real property shall be placed in escrow pending completion of the loan or a commitment for the loan. Any mortgage company or other person who receives such an advance payment and does not place it in escrow shall refund the full amount of the payment immediately upon demand of the person who made the payment.
2. The amount held in escrow shall be released:
(a) Upon completion of the loan or commitment for the loan, to the mortgage company or other person to whom the advance fee, salary, deposit or money was paid.
(b) If the loan or commitment for the loan fails, to the person who made the payment.
3. Any person who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor if the amount is less than $100;
(b) Is guilty of a gross misdemeanor if the amount is $100 or more but less than $1,000; or
(c) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.
Sec. 3. NRS 645B.190 is hereby amended to read as follows:
645B.190 The provisions of [NRS 645B.010 to 645B.230, inclusive,] this chapter do not apply to:
κ1977 Statutes of Nevada, Page 619 (CHAPTER 325, AB 290)κ
1. Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. A real estate broker rendering services in the performance of his duties as a real estate broker.
4. Any firm or corporation which lends money on real property and is subject to licensing, supervision or auditing by the Federal National Mortgage Association as an approved seller or servicer.
5. Any person doing any act under order of any court.
6. Any one natural person, or husband and wife, who provides funds for investment in loans secured by a lien on real property, on his own account, who does not charge a fee or cause a fee to be paid for any service other than the normal and scheduled rates for escrow, title insurance and recording services, and who does not collect funds to be used for the payment of any taxes or insurance premiums on the property securing any such loans.
________
Senate Bill No. 190Committee on Judiciary
CHAPTER 326
AN ACT relating to medical malpractice; providing immunity from liability and suit in certain investigations and proceedings; providing reporting requirements; providing for the investigation of certain claims; adding to exemptions from limits of risk established for insurers; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of medical examiners, a medical review panel of a hospital, a medical-legal screening panel, a medical society, or any person who or organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 2. NRS 630.341 is hereby amended to read as follows:
630.341 1. Any medical review panel of a hospital, medical-legal screening panel or other medical society which becomes aware of gross or repeated malpractice or of professional incompetence on the part of a physician shall, and any other person who is so aware may, file a written allegation of the relevant facts with the board or, if the physician has his office in a county of this state whose population is 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county medical society.
κ1977 Statutes of Nevada, Page 620 (CHAPTER 326, SB 190)κ
allegation of the relevant facts with the board or, if the physician has his office in a county of this state whose population is 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county medical society. A claim for breach of duty by a physician toward a patient with respect to which the commissioner of insurance has reported to the board that a settlement or award was made or judgment rendered in an amount greater than $5,000 shall be deemed equivalent to a written allegation filed with the board pursuant to this subsection.
2. [A person who, acting individually or as a member of any panel or organization, and a panel or organization which files any allegation for the purposes of this section, except with malicious intent, are immune from any civil action for such filing or any consequential damages.
3.] All proceedings subsequent to the filing of an allegation are confidential until a determination is made by the board following investigation and recommendation by the attorney general. If the board dismisses the allegation, the proceedings shall remain confidential. If the board proceeds administratively under this chapter or directs the attorney general to proceed judicially, confidentiality concerning the proceedings is no longer required.
Sec. 3. NRS 681A.100 is hereby amended to read as follows:
681A.100 1. [No insurer shall] An insurer shall not retain any risk on any one subject of insurance, whether located or to be performed in this state or elsewhere, in an amount exceeding 10 percent of its surplus to policyholders.
2. A subject of insurance for the purposes of this section, as to insurance against fire and hazard other than windstorm, earthquake and other catastrophic hazards, includes all properties insured by the same insurer which are customarily considered by underwriters to be subject to loss or damage from the same fire or other same occurrence of any other hazard insured against.
3. Reinsurance ceded as authorized by NRS 681A.110 shall be deducted in determining the risk retained; but as to surety risks, reinsurance shall be allowed as a deduction only if such reinsurance is with an insurer authorized to transact such insurance in this state, and is in such form as to enable the obligee or beneficiary to maintain an action thereon against the reinsured jointly with the reinsurer, and upon recovering judgment against the reinsured to have recovery against the reinsurer for payment to the extent in which it may be liable under such reinsurance and in discharge thereof. As to surety risks, deduction shall also be made of the amount assumed by any authorized cosurety and the value of any security deposited, pledged or held subject to the suretys consent and for the suretys protection.
4. As to alien insurers, this section relates only to risks and surplus to policyholders of the insurers United States branch.
5. Surplus to policyholders for the purposes of this section, in addition to the insurers capital and surplus, includes any voluntary reserves which are not required pursuant to law, and shall be determined from the last sworn statement of the insurer on file with the commissioner, or by the last report of examination of the insurer, whichever is the more recent at time of assumption of risk.
κ1977 Statutes of Nevada, Page 621 (CHAPTER 326, SB 190)κ
6. This section does not apply to life or health insurance, annuities, title insurance, insurance of wet marine and transportation risks, workmens compensation insurance, employers liability coverages, liability insurance, surety or to any policy or type of coverage as to which the maximum possible loss to the insurer is not readily ascertainable on issuance of the policy.
7. Limits of risk as to newly formed domestic mutual insurers shall be as provided in NRS 692B.200.
Sec. 4. Chapter 690B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS for a breach of his professional duty toward a patient shall report to the commissioner within 30 days each settlement or award made or judgment rendered by reason of a claim, giving the name and address of the claimant and physician and the circumstances of the case.
2. The commissioner shall report to the board of medical examiners of the State of Nevada, within 30 days after receiving the report of the insurer, each claim made and each settlement, award or judgment.
________
Assembly Bill No. 737Committee on Ways and Means
CHAPTER 327
AN ACT authorizing expenditure for capital improvements from the higher education capital construction fund; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Except as limited by section 3 of this act, for the period commencing July 1, 1977, and ending June 30, 1982, if there are available moneys in the higher education capital construction fund created pursuant to NRS 463.385, the state public works board shall cause to be constructed with such moneys the construction projects specified in this section at a cost to the higher education capital construction fund not exceeding the amounts stated:
1. Additions to Mackay Stadium, University of Nevada, Reno, Project 7762 $532,000
2. Improvements to Tonopah Hall, University of Nevada, Las Vegas $100,000
3. Addition to Clark County Community College (dental program).. $134,100
4. Campus improvements for University of Nevada, Reno, Project 7715 $700,200
5. Remodel water resources building, University of Nevada, Reno, Project 7719 $245,000
κ1977 Statutes of Nevada, Page 622 (CHAPTER 327, AB 737)κ
6. Campus improvements, University of Nevada, Las Vegas, Project 7721 and Campus Master Plan.......................................................................................... $2,028,000
7. Western Nevada Community College Phase III, Reno, Project 7725 $4,285,000
8. Addition to Dickinson Library, University of Nevada, Las Vegas, Project 7726 $1,827,000
9. College of business administration building, University of Nevada, Reno, Project 7732..................................................................................................................... $1,892,000
10. Addition to Western Nevada Community College, Carson City, Project 7756 and 7773............................................................................................................. $1,475,000
11. Desert research institute, Southern Nevada facility, Las Vegas, Project 7740 $2,749,000
12. Addition to fine arts building, University of Nevada, Reno, Project 7741 $1,099,000
13. Additions to chemistry and life science buildings, University of Nevada, Las Vegas, Project 7743.......................................................................................... $490,000
14. Northern Nevada Community College, Elko, Project 7781......... $126,000
Sec. 2. 1. The state public works board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act shall be approved by the state public works board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5, the state public works board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids either on the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
5. The state public works board is not required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state public works board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
κ1977 Statutes of Nevada, Page 623 (CHAPTER 327, AB 737)κ
Sec. 3. The state public works board may plan and design the projects numbered 7740, 7741 and 7743, but shall not expend any money or enter into any contract for their construction until so authorized by the legislature.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 554Assemblymen Brookman, Kosinski, Murphy, Bremner, Dini, Barengo, Goodman, Price, Bennett, Jacobsen, Chaney, Craddock, Howard and Gomes
CHAPTER 328
AN ACT relating to state purchasing; increasing limit on value of surplus property which may be distributed to Nevada Indian tribes; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.466 is hereby amended to read as follows:
333.466 1. Upon the opening of bids, the chief shall accept the highest bid for each item or lot of items submitted by any county, incorporated city, unincorporated town, volunteer fire department, or [any such] Indian tribe, if [such] the bid conforms to the requirements of NRS 333.464.
2. If no bid conforming to the requirements of NRS 333.464 is received from any county, incorporated city or volunteer fire department, the chief shall transfer to the Nevada Indian commission possession of [so much or such] that part of the surplus tools, implements, machinery and other equipment [of] which has a total value not to exceed [$10,000] $40,000 in any fiscal year as the executive director of the commission has requested for distribution to [such] the Indian tribes, at no cost to [such] the tribes.
3. The executive director of the commission shall base his request on the needs of the Nevada Indian tribes as established by the tribal chairman of each tribe.
4. The Nevada Indian commission shall distribute the property by transferring possession of [the property to such] it to the Indian tribes. Two years after the distribution of [any such] the property, title to it may be transferred to the Indian tribe in possession of it.
5. The proceeds from any subsequent sale of any surplus tools, implements, machinery or other equipment, transferred to [such] the Indian tribes pursuant to this section, shall be paid into the highway fund in the state treasury unless the sale is consummated after title to [such] the surplus property has been transferred pursuant to subsection 4.
6. The chief may dispose of the surplus personal property not claimed pursuant to subsection 2 in such other manner as is provided by law.
________
κ1977 Statutes of Nevada, Page 624κ
Assembly Bill No. 344Committee on Commerce
CHAPTER 329
AN ACT relating to medical service corporations; changing the qualifications for service on boards of directors; repealing the requirement that hospitals, physicians and dentists consent to establishment of a corporation; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 695B.060 is hereby amended to read as follows:
695B.060 1. A majority of the board of directors of a corporation providing or rendering hospital services shall be [composed of] persons who are not duly appointed representatives of hospitals with which the corporation has contracts for the rendering of hospital services.
2. A majority of the board of directors of a corporation providing medical services shall be [composed of] persons who are not physicians or duly appointed representatives of the physicians who have signed participating agreements with the corporation for the rendering of medical services.
3. A majority of the board of directors of a corporation providing dental services shall be [composed of and selected from among] persons who are not dentists or duly appointed representatives of the dentists who have signed participating agreements with the corporation for the rendering of dental services.
4. This section does not apply to any duly appointed representative of a hospital, physician or dentist who is a member of the board of directors of a corporation on July 1, 1977. Such a person may continue to serve as a member of the board of directors until his term expires.
Sec. 2. NRS 695B.100 is hereby repealed.
________
Assembly Bill No. 572Committee on Government Affairs
CHAPTER 330
AN ACT relating to county liquor boards; providing for the election of the chairman of a county liquor board; providing procedures for the enactment of county liquor board ordinances; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.350 is hereby amended to read as follows:
244.350 1. The board of county commissioners and the sheriff of each county are empowered and commissioned, for the purposes of this section, to act jointly, without further compensation, as a liquor board, to grant or refuse liquor licenses, and to revoke such licenses whenever there is, in the judgment of a majority of the board, sufficient reason for such revocation.
κ1977 Statutes of Nevada, Page 625 (CHAPTER 330, AB 572)κ
to grant or refuse liquor licenses, and to revoke such licenses whenever there is, in the judgment of a majority of the board, sufficient reason for such revocation. The board shall elect a chairman from among its members.
2. [It is hereby declared to be the power and duty of the] The liquor board in each of the several counties [to] 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, such 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. All liquor dealers within any incorporated city or town are to be exempt from the force and effect of this section, and are to be regulated only by the city government therein.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An ordinance of the liquor board shall not be passed except by bill. When any ordinance is amended, the section or sections thereof shall be reenacted as amended, and an ordinance shall not be revised or amended by reference only to its title.
2. Every liquor board ordinance shall:
(a) Bear a summary, which shall appear before the title and which shall state in brief the subject matter of the ordinance.
(b) Embrace but one subject and matters necessarily connected therewith and pertaining thereto. The subject shall be clearly indicated in the title. In all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.
3. All proposed liquor board ordinances, when first proposed, shall be read aloud in full to the liquor board, and final action thereon shall be deferred until the next regular meeting of the board; but in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.
4. All ordinances shall be:
(a) Signed by the chairman of the liquor board.
(b) Attested by the county clerk.
(c) Published by title only, together with the names of the liquor board members voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before the same shall go into effect. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.
κ1977 Statutes of Nevada, Page 626 (CHAPTER 330, AB 572)κ
5. The style of liquor board ordinances shall be as follows:
THE LIQUOR BOARD OF THE
COUNTY OF ............................... DO ORDAIN:
(Body of ordinance)
(Last section of ordinance)
Proposed on the ............... day ..................................., 19...........
Proposed by Member ................................................................
Passed the ...................... day of ..............................., 19...........
Vote:
Ayes: Members ..........................
Nays: Members ..........................
Absent: Members ..........................
ATTEST:
................................................................. ...........................................................
County Clerk Chairman of the Liquor Board
This ordinance shall be in force and effect from and after the ............... day of ........................................, 19...........
6. The county clerk shall record all liquor board ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. The book, or a certified copy of an ordinance therein recorded and under the seal of the county, shall be received as prima facie evidence in all courts and places without further proof.
________
Assembly Bill No. 448Assemblyman Demers
CHAPTER 331
AN ACT relating to life insurance and annuity contracts; providing for payment of interest on unpaid benefits; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 688A of NRS is hereby amended by adding thereto a new section which shall read as follows:
An insurer shall pay the proceeds of any benefits under a policy of life insurance not more than 30 days after the death of the insured. If the proceeds are not paid within this period, the insurer shall pay interest on the proceeds, at a rate which is not less than the current rate of interest on death proceeds on deposit with the insurer, from the date of death of the insured to the date when the proceeds are paid.
Sec. 2. Section 1 of this act does not apply to any life insurance policy issued before July 1, 1977, which contains specific provisions to the contrary.
________
κ1977 Statutes of Nevada, Page 627κ
Assembly Bill No. 574Committee on Government Affairs
CHAPTER 332
AN ACT relating to counties; clarifying provisions relating to the purchase, sale or exchange of certain property; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.276 is hereby amended to read as follows:
244.276 1. [Any] Except as provided in subsection 2, any county may buy, sell or exchange property [,] in the manner set forth in subsection 3, and without complying with the provisions of NRS 244.281, when deemed necessary or proper to realign, change, vacate or otherwise adjust any of the streets, alleys, avenues or other thoroughfares, or portions thereof, within its limits. [in the manner set forth in subsection 2.]
2. [Whenever] If the county acquired the property by dedication, the property shall not been sold or exchanged and shall revert to the abutting property owners in the proportion that the property was dedicated by them or their predecessors in interest.
3. When a petition signed by all property holders owning or controlling property abutting on any street, avenue, alley or other thoroughfare, which may be affected by realignment, change, vacation or adjustment, is presented to any board of county commissioners, praying to have [such] the street, alley, avenue or other thoroughfare realigned, changed, vacated or otherwise adjusted, or upon the resolution of the board of county commissioners, the board of county commissioners may make [such] the realignment, change, vacation or other adjustment as it may deem proper, by purchase, sale, proceedings in eminent domain or exchange of county property, including portions of streets, alleys, avenues or other thoroughfares, in order to carry out any necessary realignment, change, vacation or other adjustment whenever the board of county commissioners considers it to be in the best interests of the county.
Sec. 2. NRS 244.281 is hereby amended to read as follows:
244.281 1. When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be for purposes other than a realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, within the county and will be in the best interest of the county, it may:
(a) Sell [such] the property at public auction, in the manner prescribed for the sale of real property on execution.
(b) Sell [such] the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of [such] the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which shall not exceed the normal commissions prevailing in the community at the time.
κ1977 Statutes of Nevada, Page 628 (CHAPTER 332, AB 574)κ
(c) Exchange [such] the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of [such] the other real property will be in the best interest of the county.
2. Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS. In case of:
(a) A sale, [such] the notice shall state the name of the licensed real estate broker handling the sale and shall invite interested persons to negotiate with him.
(b) An exchange, [such] the notice shall call for offers of cash or exchange. The commission shall accept the highest and best offer.
3. If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and shall not sell or exchange it for less than the appraised value.
4. If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
________
Assembly Bill No. 594Assemblymen Demers and Banner
CHAPTER 333
AN ACT relating to employment; changing the statutory reference to persons working in certain employments from workingmen to employees; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 608.210 is hereby amended to read as follows:
608.210 1. The period of employment of [workingmen] employees in smelters and in all other institutions for the reduction or refining of ores or metals shall [be] not exceed 8 hours per day, except:
(a) In cases of emergency where life or property is in imminent danger; or
(b) When the [workingman] employee voluntarily agrees to work beyond the 8-hour period.
2. Any person who violates this section, or any person, corporation, employer or his or its agent who hires, contracts with, or causes any person to work in a smelter or any other institution or place for the reduction or refining of ores or metals for a period of time longer than 8 hours during 1 day, unless life and property are in imminent danger or the [workingman] employee has voluntarily agreed to work beyond the 8-hour period, is guilty of a misdemeanor.
κ1977 Statutes of Nevada, Page 629 (CHAPTER 333, AB 594)κ
person to work in a smelter or any other institution or place for the reduction or refining of ores or metals for a period of time longer than 8 hours during 1 day, unless life and property are in imminent danger or the [workingman] employee has voluntarily agreed to work beyond the 8-hour period, is guilty of a misdemeanor.
Sec. 2. NRS 608.220 is hereby amended to read as follows:
608.220 1. The period of employment of [workingmen] employees in open pit and open cut mines shall not exceed 8 hours in any 24 hours, except:
(a) In cases of emergency where life or property is in imminent danger; or
(b) When the [workingman] employee voluntarily agrees to work beyond the 8-hour period.
2. Any person who violates any provision of subsection 1, or any person, persons, corporation, employer, or his or its agent who hires, contracts with, or causes any person to labor in any open pit or open cut mine for a period of time longer than 8 hours within any 24 hours, except in cases of emergency where life or property is in imminent danger or the [workingman] employee has voluntarily agreed to work beyond the 8-hour period, is guilty of a misdemeanor.
Sec. 3. NRS 608.230 is hereby amended to read as follows:
608.230 1. The number of hours of work or labor of mechanics, engineers, blacksmiths, carpenters, topmen, and all [workingmen] employees employed or working on or about the surface or surface workings of any underground mineworkings, shall not exceed 8 hours in any period of 24 hours, except:
(a) In cases of emergency where life or property is in imminent danger; or
(b) When the mechanic, engineer, blacksmith, carpenter, topman or other [workingman] employee voluntarily agrees to work more than 8 hours in any period of 24 hours.
2. Any person who violates any of the provisions of this section, or any person, corporation, employer or agent who hires, contracts with, or in any manner causes or induces any person to work or labor on or about the surface or surface workings of any underground mineworkings for more than 8 hours in any period of 24 hours, except in cases of emergency where life or property is in imminent danger or the [workingman] employee has voluntarily agreed to work more than 8 hours in any period of 24 hours, is guilty of a misdemeanor.
________
κ1977 Statutes of Nevada, Page 630κ
Assembly Bill No. 715Committee on Government Affairs
CHAPTER 334
AN ACT to amend an act entitled An Act incorporating the City of Henderson, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 13, 1971, as amended.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9.010 of the above-entitled act, being chapter 266, Statutes of Nevada 1971, at page 421, is hereby amended to read as follows:
Sec. 9.010 Civil service.
1. There is hereby created a system of civil service, applicable to and governing all employees of the city except department heads, the city clerk, the city attorney, the city manager, and any elected officer.
2. The system of civil service shall be administered by a civil service board composed of [three] five persons appointed by the city council.
3. Such board may, with the approval of the city council, appoint a personnel director to administer the civil service system.
4. The board shall prepare rules and regulations governing the system of civil service to be adopted by the city council. Such rules and regulations shall provide for:
(a) Examination of potential employees.
(b) Recruitment and placement procedures.
(c) Classification of positions.
(d) Procedures for promotion, disciplinary actions and removal of employees.
(e) Such other matters as the board may deem necessary.
5. Copies of the rules and regulations governing the system of civil service shall be distributed to all employees of the city.
________
Assembly Bill No. 628Committee on Transportation
CHAPTER 335
AN ACT relating to public utilities; excluding helicopters used on construction projects from regulation as public utilities; and providing other matters properly relating thereto.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.020 is hereby amended to read as follows:
704.020 1. As used in this chapter, public utility shall mean and embrace:
κ1977 Statutes of Nevada, Page 631 (CHAPTER 335, AB 628)κ
(a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.
(b) Express companies, telegraph and telephone companies.
(c) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.
(d) Radio or broadcasting instrumentalities providing common or contract service and aircraft common and contract carriers.
(e) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.
All duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, insofar as the same are applicable, be required of and imposed upon the owner or operator of such express companies, telegraph and telephone, radio, broadcasting, aircraft companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individual to the same extent as of railroads.
(f) Community antenna television companies.
2. Public utility shall also embrace:
(a) Any person, partnership, corporation, company, association, their lessees trustees or receivers (appointed by any court whatsoever) that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.
The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility shall apply to:
(a) The transportation of passengers and property by aircraft common and contract carriers, except helicopters used on construction projects, and the transmission or receipt of messages, intelligence or entertainment, between points within the state.
(b) The receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages.
κ1977 Statutes of Nevada, Page 632 (CHAPTER 335, AB 628)κ
(c) All charges connected therewith, including icing charges and mileage charges.
(d) All railroads, express companies, car companies, and all associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad within this state.
(e) Any common or contract carrier engaged in the transportation of passengers and property, except common or contract motor carriers subject to the provisions of chapter 706 of NRS.
________
Assembly Bill No. 205Assemblyman Coulter
CHAPTER 336
AN ACT relating to pharmacists and pharmacies; revising requirement for labeling drugs in package form; prohibiting owners of pharmacies from requiring their pharmacists to dispense a specific drug when a choice of drugs is available.
[Approved May 3, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 585.420 is hereby amended to read as follows:
585.420 1. [A] Except as provided in subsections 2 and 3, a drug or device shall be deemed to be misbranded if in package form unless it bears a label containing:
(a) The name and place of business of the manufacturer, packer or distributor; and
(b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.
2. The label affixed to a container which contains a prescription drug intended for use by a human being shall include:
(a) The name and place of business of the manufacturer; and
(b) If different, the name and place of business of the packer or distributor,
of the drug in its final dosage form.
3. A label affixed to a container by a pharmacist is not required to include the name and place of business of the manufacturer, packer or distributor.
4. Under paragraph (b) of subsection 1 reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner.
Sec. 2. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No person who owns a pharmacy licensed under this chapter may require a pharmacist in his employment to dispense a specific drug when a choice of drugs is available.
________
κ1977 Statutes of Nevada, Page 633κ
Assembly Bill No. 171Committee on Government Affairs
CHAPTER 337
AN ACT relating to the state board of health; revising the composition thereof; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 439.030 is hereby amended to read as follows:
439.030 1. The state board of health, consisting of seven members appointed by the governor, is hereby created.
2. [The state board of health shall consist of six members to be appointed by the governor, two of whom shall be] The governor shall appoint:
(a) Two members who are doctors of medicine who have been licensed to practice in this state and [who] have [been] engaged in the practice of medicine in this state for not less than 5 years immediately prior to their appointment. [, one of whom shall be]
(b) One member who is a doctor of dental surgery who has been licensed to practice in this state and [who] has [been] engaged in the practice of dentistry in this for not less than 5 years immediately prior to his appointment. [, and one of whom shall be]
(c) One member who is a doctor of veterinary medicine who has been licensed to practice in this state and [who] has [been] engaged in the practice of veterinary medicine in this state for not less than 5 years immediately preceding his appointment.
(d) One member who is a registered nurse who has been licensed by this state and has engaged in nursing for at least 5 years immediately prior to his appointment.
(e) One member who is a general engineering contractor or general building contractor who is licensed by this state.
(f) One member who is a representative of the general public.
Sec. 2. NRS 439.040 is hereby amended to read as follows:
439.040 [The terms of office of the members] After the initial terms, the term of office of each member of the state board of health [shall be] is 4 years.
Sec. 3. NRS 439.060 is hereby amended to read as follows:
439.060 1. The state board of health shall meet in January and in July in each year.
2. The state board of health shall hold such special meetings as may be called by the chairman. A special meeting shall be called whenever requested by the state health officer or by two members of the board.
3. [Three] Four members [shall] constitute a quorum, but a concurrence of at least a majority of the members of the board [shall be] is required on all questions.
Sec. 4. The terms of all members of the state board of health incumbent on July 1, 1977, expire on that date. On July 1, 1977, the governor shall appoint, in accordance with NRS 439.030:
1. Three members whose terms expire on July 1, 1979; and
2. Four members whose terms expire on July 1, 1981.
________
κ1977 Statutes of Nevada, Page 634κ
Assembly Bill No. 300Assemblymen Sena, Mann, May, Jacobsen, Westall, Robinson, Banner, Price, Schofield, Horn, Craddock, Hayes, Barengo, Harmon, Gomes, Chaney, Weise, Demers, Howard, Dreyer, Hickey, Glover, Vergiels, Mello, Bremner, Jeffrey, Rhoads, Moody, Serpa and Kissam
CHAPTER 338
AN ACT relating to public schools; providing a silent period for voluntary individual meditation, prayer or reflection each school day.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 389 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every school district shall set aside a period at the beginning of each school day, during which all persons must be silent, for voluntary individual mediation, prayer or reflection by pupils.
________
Senate Bill No. 459Committee on Finance
CHAPTER 339
AN ACT making an appropriation to the state public works board for the installation of power facilities at the southern Nevada prison; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state public works board the sum of $216,000 to be used for the planning and installation of power facilities at the southern Nevada prison.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 671Assemblymen Dini, Murphy and Mello
CHAPTER 340
AN ACT relating to state parks; requiring notice of proposed meetings of the state park advisory commission; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 407.033 is hereby amended to read as follows:
407.033 1. The members of the commission shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the commission, but a meeting of the commission shall be held at least quarterly.
κ1977 Statutes of Nevada, Page 635 (CHAPTER 340, AB 671)κ
and at such places as shall be specified by the call of the chairman or a majority of the commission, but a meeting of the commission shall be held at least quarterly. In case of emergency, special meetings may be called by the chairman or by the administrator.
2. The commission shall give notice of any proposed meeting, other than an emergency meeting, at least 30 days before the meeting. The notice shall contain an agenda of all matters to be considered, including without limitation any matter involving a change in any fee permitted to be charged under this chapter. The commission shall send a copy of each notice to every member of the legislature.
3. Four members of the commission [shall] constitute a quorum. A quorum may exercise all the power and authority conferred on the commission.
[3.] 4. Minutes of each meeting, regular or special, shall be filed in the office of the system and shall be public records.
________
Assembly Bill No. 28Assemblymen Demers, Mello, Harmon, Dini and Weise
CHAPTER 341
AN ACT imposing duties on the energy management division of the public service commission of Nevada; making an appropriation; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 703.260 is hereby amended to read as follows:
703.260 The chairman, acting through the division, [may:] shall:
1. Prepare, subject to the approval of the governor, petroleum allocation and rationing plans for possible energy contingencies. The plans shall be carried out only by executive order by the governor.
2. Cooperate, through the commissions member on the state energy resources advisory board, in coordinating energy programs and activities within the state.
3. [Analyze] Collect and evaluate present and prospective energy demand and supply alternatives within the state.
4. Develop and carry out projects and programs to encourage maximum utilization of existing energy resources in the private and public sectors of this state.
5. Encourage development of existing and alternate energy resources that will benefit the state.
6. Carry out and administer any federal programs that authorize state participation in fuel allocation programs, conservation programs or other programs related to energy if such participation is directed by the governor.
7. Coordinate the energy activities of appropriate state agencies.
κ1977 Statutes of Nevada, Page 636 (CHAPTER 341, AB 28)κ
[8. Serve as a central depository for the state government to collect and store any data and information relating to energy and related subjects.]
Sec. 2. NRS 703.280 is hereby amended to read as follows:
703.280 1. The chairman, acting through the division, may receive and administer any gifts, grants or funds which are available from public or private sources.
2. Any funds so received shall be deposited with the state treasurer to the credit of the public service commission regulatory fund.
3. Except as limited by subsection 4, any moneys necessary for the purpose of carrying out the provisions of NRS 703.250 to 703.280, inclusive, shall be paid from the fund as other claims against the state are paid.
4. [No more than $75,000 may be expended in any fiscal year unless the interim finance committee concurs.
5.] Moneys expended in carrying out the provisions of NRS 703.250 to 703.280, inclusive, shall be reimbursed by funds available from the Federal Government or by legislative appropriations.
Sec. 3. 1. There is hereby appropriated from the state general fund to the public service commission of Nevada for the energy management division of the commission:
(a) For the fiscal year beginning July 1, 1977, and ending June 30, 1978, the sum of $93,173.
(b) For the fiscal year beginning July 1, 1978, and ending June 30, 1979, the sum of $89,463.
2. After June 30, 1979, the unencumbered balance of the appropriation made by subsection 1 shall not be encumbered and shall revert to the state general fund.
________
Senate Bill No. 495Committee on Finance
CHAPTER 342
AN ACT directing the state treasurer to transfer certain coins and bank notes from the state permanent school fund to the Nevada state museum; making an appropriation to the state permanent school fund; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state treasurer shall transfer to the Nevada state museum that portion of the estate of Rose Tuczek which escheated to the state in 1971 and consists of:
1. Thirty-four gold coins having a face value of $610; and
2. Certain state bank bills having a face value of $2,565.
Sec. 2. There is hereby appropriated from the state general fund to the state permanent school fund the sum of $3,175 to reimburse the fund for the coins and bills transferred to the Nevada state museum pursuant to section 1 of this act.
κ1977 Statutes of Nevada, Page 637 (CHAPTER 342, SB 495)κ
for the coins and bills transferred to the Nevada state museum pursuant to section 1 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 385Committee on Judiciary
CHAPTER 343
AN ACT relating to judicial and other public officers; providing for the organization of the commission on judicial discipline; prescribing certain powers of the commission; providing for the compensation of its members; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto the provisions set forth as section 2 to 5, inclusive, of this act.
Sec. 2. 1. The commission on judicial discipline may:
(a) Within the amount of money appropriated by the legislature for this purpose, employ and compensate attorneys, accountants, investigators, reporters, physicians, technical experts and other necessary persons;
(b) Provide for the attendance and compensation of witnesses; and
(c) Pay from available funds all necessary expenses incurred by the commission.
2. The attorney general shall, upon request of the commission, act as its counsel in any investigation or proceeding of the commission.
Sec. 3. 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 $40 for each days attendance at each meeting of the commission.
Sec. 4. 1. All public officers and employees of the state, its agencies and political subdivisions and all officers of the court shall cooperate with the commission on judicial discipline in any lawful investigation or proceeding of the commission and furnish information and reasonable assistance to the commission or its authorized representative.
2. All sheriffs, marshals, police officers and constables shall, upon request of the commission or its authorized representative, serve process on behalf of and execute all lawful orders of the commission.
Sec. 5. The court administrator shall serve as secretary, prepare the budget and manage the fiscal affairs of the commission on judicial discipline.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 638κ
Assembly Bill No. 467Assemblymen Barengo, Bremner, Dreyer, Ross and Robinson
CHAPTER 344
AN ACT relating to subpenas; authorizing the service of certain subpenas by mail; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 174.345 is hereby amended to read as follows:
174.345 [A] 1. Except as otherwise provided in subsection 2, a subpena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Service of a subpena shall be made by delivering a copy thereof to the person named.
2. A subpena to attend a misdemeanor trial may be served by mailing the subpena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to such persons last-known address, not less than 10 days before the trial which the subpena commands him to attend.
3. If a subpena is served by mail, a certificate of the mailing shall be filed with the court within 2 days after the subpena is mailed.
________
Assembly Bill No. 277Assemblymen Wagner, Mann, Barengo, Hayes, Dreyer, Schofield, Horn, Weise, Gomes, Jacobsen, Murphy, Craddock and Harmon
CHAPTER 345
AN ACT relating to property taxes; providing an allowance against taxes on residential buildings equipped with certain heating or cooling systems; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, qualified system means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential building to heat or cool the building by using:
(a) Solar or wind energy;
(b) Geothermal resources;
(c) Energy derived from conversion of solid wastes; or
(d) Water power,
which conforms to standards established by regulation of the department.
2. The owner of a residential building which is heated or cooled with a qualified system is entitled to an allowance against the property tax accrued:
κ1977 Statutes of Nevada, Page 639 (CHAPTER 345, AB 277)κ
(a) During the current assessment year if the building is placed upon the secured tax roll; or
(b) In the next following assessment year if the building is placed upon the unsecured tax roll,
in an amount equal to the difference between the tax on such property at its assessed value with the system and the tax on such property at its assessed value without the system.
3. In no event may the allowance:
(a) Exceed the amount of the accrued property tax paid by the claimant on the building or $2,000, whichever is less; or
(b) Be granted in any assessment year in which the qualified system is not actually used to heat or cool the building.
4. Only one owner of the building may file a claim for an assessment year. A claim may be filed with the county assessor of the county in which the building is located. The claim shall be made under oath or affirmation and filed in such form and content, and accompanied by such proof, as the department may prescribe. The county assessor shall furnish the appropriate form to each claimant.
5. The claim shall be filed between January 15 and March 15, inclusive:
(a) Of each assessment year for which an allowance is claimed against the tax on property placed upon the secured tax roll.
(b) Next preceding each assessment year for which an allowance is claimed against the tax on property placed upon the unsecured tax roll.
6. By not later than May 1 of the assessment year, the county assessor shall provide the auditor of his county a statement showing the property description or parcel number, name and address of claimant, and the dollar allowances of each claim granted for the assessment year under this section with respect to property placed upon the secured tax roll. After the county auditor extends the secured tax roll, he shall adjust the roll to show the dollar allowances and the amounts of tax, if any, remaining due as a result of claims granted under this section. By not later than June 1 of the assessment year, the county auditor shall deliver the extended tax roll, so adjusted, to the ex officio tax receiver of the county.
7. The ex officio tax receiver of the county shall make such corresponding adjustments to the individual property tax bills, prepared from the secured tax rolls, as are necessary to notify the taxpayers of the allowances granted them under this section.
8. After granting the claim of a taxpayer whose building is placed upon the unsecured tax roll, the county assessor shall determine the amount of the allowance to which the claimant is entitled under this section and shall credit the claimants individual property tax account accordingly.
9. The county assessor shall send to the department, for each assessment year, a statement showing the allowances granted pursuant to this section. Upon verification and audit of the allowances, the department shall authorize reimbursement to the county by the state for money appropriated for the purpose.
10. Any person who willfully makes a materially false statement on a claim filed under this section or produces false proof, and as a result of such false statement or false proof, a tax allowance is granted to a person not entitled to the allowance, is guilty of a gross misdemeanor.
κ1977 Statutes of Nevada, Page 640 (CHAPTER 345, AB 277)κ
such false statement or false proof, a tax allowance is granted to a person not entitled to the allowance, is guilty of a gross misdemeanor.
Sec. 2. NRS 199.120 is hereby amended to read as follows:
199.120 Every person having taken a lawful oath [,] or made affirmation in a judicial proceeding [,] or in any other matter where, by law, an oath or affirmation is required [,] and no other penalty is prescribed, or who [shall] willfully and corruptly [make] makes an unqualified statement of that which he does not know to be true, or who [shall swear or affirm] swears or affirms willfully, corruptly and falsely [,] in a matter material to the issue or point in question, or who [shall suborn] suborns any other person to make such unqualified statement [,] or to swear or affirm [, as aforesaid, shall be deemed] in such manner is guilty of perjury [,] or subornation of perjury, as the case may be, and, upon conviction thereof, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 3. 1. There is hereby appropriated from the state general fund the sum of $32,000 to the department of taxation for reimbursement of allowances granted pursuant to section 1 of this act.
2. After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.
________
Assembly Bill No. 245Committee on Government Affairs
CHAPTER 346
AN ACT relating to the Nevada commissioner for veteran affairs; providing for a single blanket bond; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 160.090 is hereby amended to read as follows:
160.090 1. Before making an appointment under the provisions of this chapter the court shall [be satisfied] establish to its satisfaction that the person whose appointment as guardian is sought is a fit and proper person to be appointed.
2. Upon the appointment being made the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter the amount of such bond shall be equal to the total value of the personal estate plus the annual income. The bond shall be in the form and be conditioned as required of guardians appointed under the provisions of chapter 159 of NRS. The premiums on all such bonds shall be paid from the estate.
3. If a banking corporation [,] as defined in NRS 657.016, or a trust company [,] as defined by NRS 669.070, doing business in this state is appointed guardian of the estate of a ward, no bond [shall be] is required of such guardian unless the court by specific order requires [the same.]
κ1977 Statutes of Nevada, Page 641 (CHAPTER 346, AB 245)κ
same.] a bond. If the Nevada commissioner for veteran affairs is appointed guardian, no bond is required.
4. If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in NRS 657.016, or trust company, as defined by NRS 669.070, doing business in this state and that such estate and income, or any part thereof, shall not [thereafter] be withdrawn without authorization of the court, then the amount of the guardians bond shall be reduced in an amount equal to the amount of the estate and income on deposit with such banking corporation, and the surety on such bonds shall be exonerated from any loss to the estate in connection with such deposit.
5. Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which [shall describe] describes the property owned, both real and personal, and [shall contain] contains a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.
Sec. 2. NRS 417.120 is hereby amended to read as follows:
417.120 1. An appointment of the commissioner as guardian is an appointment of the commissioner in the capacity of his office and not an appointment of the commissioner in his capacity as an individual.
2. An appointment of the commissioner as guardian made before April 21, 1969, shall be deemed to have been an appointment in the capacity of his office and not in his capacity as an individual.
[3. Each bond of the commissioner as guardian filed after April 21, 1969, shall be conditioned for the faithful performance of the commissioner as such and not for the faithful performance of any individual.]
Sec. 3. The commissioner shall execute and deliver to the secretary of state his official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this state, conditioned to insure his faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he acts. A separate bond for each estate is not required.
________
Assembly Bill No. 33Assemblymen Brookman, Murphy, Dreyer, Bennett, Sena and Coulter
CHAPTER 347
AN ACT relating to health and care facilities; clarifying the authority of certain personnel of the department of human resources to enter such facilities in performance of official duties; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 449.001 is hereby amended to read as follows:
449.001 As used in NRS 449.001 to 449.245, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, have the meanings ascribed to them in [such] those sections.
κ1977 Statutes of Nevada, Page 642 (CHAPTER 347, AB 33)κ
3 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 2. NRS 449.150 is hereby amended to read as follows:
449.150 The health division may:
1. Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a health and care facility. Such facility is subject to inspection and approval as to fire safety standards, on behalf of the health division, by the state fire marshal or his designate.
2. [Inspect every licensed health and care facility as often as is necessary to assure that there is compliance with all applicable rules, regulations and standards.
3.] Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.001 to 449.245, inclusive.
Sec. 3. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every licensed health and care facility may be inspected at any time, with or without notice, as often as is necessary:
1. By the health division to assure that there is compliance with all applicable rules, regulations and standards; and
2. By any person designated by the division of aging services of the department of human resources to investigate complaints made against health and care facilities.
________
Assembly Bill No. 229Committee on Judiciary
CHAPTER 348
AN ACT relating to dairy products and substitutes; making a technical amendment to the section providing for investigation of prices by the state dairy commission; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 584.590 is hereby amended to read as follows:
584.590 1. In investigating prices in any marketing area the commission may first make an investigation in such marketing area to establish such facts as shall be necessary to permit it to carry out the intent of NRS 584.585 and [584.590] this section within the standards [herein prescribed.] prescribed in this section. In making such investigation, the commission may, upon notice, examine the books and records of distributors and the purchase of dairy products by retail stores in such marketing area and may hold one or more public hearings, take testimony and may subpena witnesses. All testimony received at such hearings shall be under oath.
κ1977 Statutes of Nevada, Page 643 (CHAPTER 348, AB 229)κ
2. Notice of any hearing held by the commission pursuant to NRS 584.585 and [584.590] this section shall be given by the commission to every distributor and retail store in such marketing area whose name appears upon the records of the commission or who files a request for the same with the commission, by mail or by publication. The notice of hearing may be effected by mail, or by publication for 5 successive days in a newspaper of general circulation in the area designated, and shall specify the time and place of such hearing, which shall not be held prior to 10 days from the mailing or from the final publication of such notice; but if no daily newspaper of general circulation is published in the area designated, publication of notice for 2 successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice.
3. A record of any [and all] hearings held by the commission pursuant to NRS 584.585 and [584.590] this section shall be made and filed in the office of the commission and shall [, at all times, be available to] be kept available at all times for inspection by any interested person.
________
Senate Bill No. 1Senator Hilbrecht
CHAPTER 349
AN ACT relating to professional corporations; authorizing their issuance of stock to certain trusts and lay employee beneficiaries; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 89.070 is hereby amended to read as follows:
89.070 1. [No] Except as provided in subsection 3 of this section, no corporation organized under the provisions of this chapter may issue any of its capital stock to anyone other than [an individual] a natural person who is [duly] licensed or [otherwise legally] authorized to render the same specific professional services as those for which the corporation was incorporated. [No] Except as provided in subsection 3, no stockholder of a corporation organized under this chapter [shall] may enter into a voting trust agreement or any other type of agreement vesting another person with the authority to exercise the voting power of any or all of his stock, unless [such] the other person is [duly] licensed or [otherwise legally] authorized to render the same specific professional services as those for which the corporation was incorporated.
2. [No] Except as provided in subsection 3 of this section, no shares of a corporation organized under this chapter [shall] may be sold or transferred except to an individual who is eligible to be a stockholder of [such] the corporation or to the personal representative or estate of a deceased or legally incompetent stockholder. The personal representative or estate of [such] the stockholder may continue to own [such] shares for a reasonable period, but [shall not be authorized to] may not participate in any decisions concerning the rendering of professional services.
κ1977 Statutes of Nevada, Page 644 (CHAPTER 349, SB 1)κ
for a reasonable period, but [shall not be authorized to] may not participate in any decisions concerning the rendering of professional services. The articles of incorporation or bylaws may provide specifically for additional restrictions on the transfer of shares and may provide for the redemption or purchase of [such] the shares by the corporation, [or] its stockholders or an eligible individual account plan complying with the requirements of subsection 3 at prices and in a manner specifically set forth. The provisions dealing with the purchase or redemption by the corporation of its shares may not be invoked at a time or in a manner [that] which would impair the capital of the corporation.
3. A person not licensed to render the professional services for which the corporation was incorporated may own a beneficial interest in any of the assets, including corporate shares, held for his account by an eligible individual account plan sponsored by the professional corporation for the benefit of its employees, which is intended to qualify under section 401 of the Internal Revenue Code, 26 U.S.C. § 401, if the terms of the trust are such that the total number of shares which may be distributed for the benefit of persons not licensed to render the professional services for which the corporation was incorporated is less than a controlling interest and:
(a) The trustee of the trust is licensed to render the same specific professional services as those for which the corporation was incorporated; or
(b) The trustee is not permitted to participate in any corporate decisions concerning the rendering of professional services in his capacity as trustee.
A trustee who is individually a stockholder of the corporation may participate in his individual capacity as a stockholder, director or officer in any corporate decision.
4. Any act in violation of this section [shall be] is void and [ineffective to] does not pass any rights or privileges or [to] vest any powers, except [as] to an innocent person who is not a stockholder and who has relied on the effectiveness of [such] the action.
________
Senate Bill No. 228Senator Dodge
CHAPTER 350
AN ACT relating to the department of motor vehicles; enlarging the group of security deposits which the department may accept; and providing other matters properly relating thereto.
[Approved May 4, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.345 is hereby amended to read as follows:
482.345 1. Before any dealers license, dealers plate, [or plates,] special dealers plate [or plates] or rebuilders license or rebuilders plate [or plates shall be] is furnished to a manufacturer, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate [or plates] or a rebuilder license and rebuilder plate [or plates] upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter.
κ1977 Statutes of Nevada, Page 645 (CHAPTER 350, SB 228)κ
as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate [or plates] or a rebuilder license and rebuilder plate [or plates] upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of such dealer, if the business of such dealer or rebuilder has been conducted satisfactorily for the preceding 5 years, but no bond [shall] may be in an amount less than $1,000.
2. A manufacturer or dealer who manufactures or sells only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $1,000 regardless of the length of time he has been in business.
3. The bond shall be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the total amount of the bond, but in no case [shall] may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.
4. The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter by the salesman of any licensed dealer or rebuilder acting for the dealer or rebuilder on his behalf and within the scope of the employment of such salesman.
5. The bond shall provide that any person injured by the action of the dealer, rebuilder or salesman in violation of any provisions of this chapter may bring an action on the bond.
6. In lieu of a bond an applicant may deposit with the department, under terms prescribed by the department:
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada, which indicates an account of an amount equal to the amount of the bond which would otherwise be required by this section and that such amount is unavailable for withdrawal except upon order of the department. Interest earned on such amount shall accrue to the account of the applicant.
7. A deposit made pursuant to subsection 6 of this section may be released upon receipt of:
(a) A court order requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
κ1977 Statutes of Nevada, Page 646 (CHAPTER 350, SB 228)κ
deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
8. When a deposit is made pursuant to subsection 6, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license shall be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
9. A deposit made pursuant to subsection 6 may be refunded:
(a) By order of the director, at the expiration of 3 years from the date when the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time prior to the expiration of 3 years from the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
10. Any money received by the department pursuant to subsection 6 shall be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 2. NRS 487.060 is hereby amended to read as follows:
487.060 1. No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in an amount of from $1,000 to $10,000, as determined by the department, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.050 to 487.190, inclusive. The department may, by agreement with any automobile wrecker who has been in business for 5 years or more, allow a reduction in the amount of the bond of such wrecker, if the business of such wrecker has been conducted satisfactorily for the preceding 5 years, but no bond shall be in an amount less than $1,000.
2. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the total amount of the bond.
3. The bond shall provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.050 to 487.160, inclusive, may bring an action on the bond.
4. In lieu of a bond an automobile wrecker may deposit with the department, under the terms prescribed by the department:
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada, which indicates an account of an amount equal to the amount of the bond which would otherwise be required by this section and that such amount is unavailable for withdrawal except upon order of the department.
κ1977 Statutes of Nevada, Page 647 (CHAPTER 350, SB 228)κ
account of an amount equal to the amount of the bond which would otherwise be required by this section and that such amount is unavailable for withdrawal except upon order of the department. Interest earned on such amount accrues to the account of the applicant.
5. A deposit made pursuant to subsection 4 of this section may be released upon receipt of:
(a) A court order requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license shall be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
(a) By order of the director, at the expiration of 3 years from the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time prior to the expiration of 3 years from the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
8. Any money received by the department pursuant to subsection 4 shall be deposited with the state treasurer for credit to the motor vehicle fund.
________
Assembly Bill No. 703Assemblyman Jacobsen
CHAPTER 351
AN ACT relating to divisions of land; requiring a finding by the governing body that certain taxes are paid before it may approve a subdivision tentative map; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.330 is hereby amended to read as follows:
278.330 1. The initial action in connection with the making of such subdivision shall be the preparation of a tentative map or maps which shall show, or be accompanied by, such data as are specified by the provisions of NRS 278.010 to 278.630, inclusive.
κ1977 Statutes of Nevada, Page 648 (CHAPTER 351, AB 703)κ
shall show, or be accompanied by, such data as are specified by the provisions of NRS 278.010 to 278.630, inclusive.
2. The subdivider shall file copies of such map or maps with the planning commission, or with the clerk of the governing body if there be no planning commission together with a filing fee in an amount as determined by the governing body.
3. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting. The governing body shall act thereon within 40 days after such submittal.
4. If there is a planning commission, it shall report to the subdivider and to the governing body on the map or maps of any subdivision submitted to it within 65 days after the tentative map has been filed; and the report shall approve, conditionally approve, or disapprove the map or maps of the subdivision. If conditionally approved or disapproved, the report shall state the conditions under which the map would have been approved or that approval was withheld because the land proposed to be subdivided was not suitable for such development. If approval is withheld, the report shall state the reasons why the land was not considered suitable.
5. If the subdivider is dissatisfied with any action of the planning commission, he may, within 15 days after such action, appeal from the action of the planning commission to the governing body which [must] shall hear the same, unless the subdivider consents to a continuance, within 10 days or at its next succeeding regular meeting. The governing body may by a majority vote of its members overrule any ruling of the planning commission in regard to the tentative map.
6. Before approving a tentative map, the governing body shall make such findings as are not inconsistent with the provisions of NRS 278.010 to 278.630, inclusive, or local ordinances adopted pursuant thereto, including but not limited to, findings that the subdivision.
(a) Will not result in undue water or air pollution. In making this determination it shall consider:
(1) The topography of the land and its relation to the flood plains or areas subject to flooding or water damage;
(2) The nature of soils and subsoils and their ability adequately to support waste disposal;
(3) The slope of the land and its effect on effluents;
(4) The effectiveness of sewerage plans; and
(5) The applicable health law and regulations.
(b) Has sufficient water meeting applicable health standards for the reasonably foreseeable needs of the subdivision.
(c) Will not cause an unreasonable burden on an existing water supply, if one is to be utilized.
(d) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.
(e) Will not cause unreasonable street or highway congestion or unsafe conditions with respect to use of the streets or highways existing or proposed.
(f) Is in conformance with the duly adopted master plan, if any.
(g) Does not have any delinquent taxes owing on it, as evidenced by a certificate issued by the county treasurer and submitted to the governing body by the subdivider.
κ1977 Statutes of Nevada, Page 649 (CHAPTER 351, AB 703)κ
certificate issued by the county treasurer and submitted to the governing body by the subdivider.
7. No provision of this chapter [shall] may be construed to prevent a governing body from disapproving a tentative map if such disapproval is in the best interests of the public health, safety or welfare, and such disapproval is by a majority vote of its members and made within the time limit provided in subsection 3.
________
Assembly Bill No. 666Assemblyman Glover (by request)
CHAPTER 352
AN ACT relating to health and safety; providing that smoking may be prohibited in certain public areas; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as provided in subsection 3, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator, library, museum, or a bus used by the general public, other than a chartered bus.
(b) Room, including a lecture hall or university concert hall, located in a public building, while a public meeting is in progress in such room.
(c) Hallway, waiting room or cafeteria opened to the general public and located in a state building.
(d) Any area in any state facility when so designated by the head of the state department having control of the area.
(e) Public waiting room, lobby or hallway of any:
(1) Health and care facility as defined by NRS 449.007; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist, osteopath or doctor of traditional Oriental medicine.
2. The person or persons in control of the areas listed in subsection 1:
(a) Shall post signs prohibited smoking in such areas except as provided in paragraph (b).
(b) May provide for separate rooms or portions of designated no-smoking areas to be used as smoking areas where it is possible to confine the smoke to such areas.
3. The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2.
4. As used in this section, public meeting means a gathering for which there is:
(a) Advance notice;
(b) A planned agenda; and
(c) A person presiding or otherwise in charge.
Public meeting does not include a trade show or exhibition.
________
κ1977 Statutes of Nevada, Page 650κ
Senate Bill No. 192Committee on Judiciary
CHAPTER 353
AN ACT relating to execution; revising certain provisions for exemptions therefrom; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as herein otherwise specifically provided:
(a) Private libraries not to exceed $500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $1,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $1,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies [not to exceed $1,500 in value,] and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $1,500 in value.
(e) The cabin or dwelling of a miner or prospector, not to exceed $500 in value; also, his cars, implements and appliances necessary for carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.
(f) One vehicle [not exceeding $1,000 in gross value as established by the judgment debtor.] if the judgment debtors equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.
(g) Poultry not exceeding in value $75.
(h) For any pay period, 75 percent of the disposable earnings of a judgment debtor during such period, or the amount by which his disposable earnings for each week of such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in the paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(i) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(j) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
κ1977 Statutes of Nevada, Page 651 (CHAPTER 353, SB 192)κ
(k) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state.
(l) All moneys, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.
(m) The homestead as provided for by law.
(n) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $25,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
________
Senate Bill No. 183Senator Raggio
CHAPTER 354
AN ACT relating to corporate stock subscriptions; revising provisions for their payment; providing an additional collection procedure on unpaid installments or calls; restricting the imposition of penalties; classifying certain stock subscriptions as irrevocable; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.220 is hereby amended to read as follows:
78.220 1. Subscriptions to the shares of a corporation [shall be paid at such times and in such installments as may be provided in the contract of subscription, or, in the absence of such provision in such contract, as the board of directors may, by resolution, require.] , whether made before or after its organization, shall be paid in full at such time or in such installments at such times as determined by the board of directors. Any call made by the board of directors for payment on subscriptions shall be uniform as to all shares of the same class or series.
2. If default [shall be] is made in the payment of any installment [and shall continue for 30 days, the corporation may sell at public auction a sufficient number of shares to pay the same, with incidental charges.] or call, the corporation may proceed to collect the amount due in the same manner as any debt due the corporation.
κ1977 Statutes of Nevada, Page 652 (CHAPTER 354, SB 183)κ
manner as any debt due the corporation. In addition, the corporation may sell a sufficient number of the subscribers shares at public auction to pay for the installment or call and any incidental charges incurred as a result of the sale. No penalty causing a forfeiture of a subscription, of stock for which a subscription has been executed, or of amounts paid thereon, may be declared against any subscriber unless the amount due remains unpaid for 30 days after written demand. Such written demand shall be deemed made when it is mailed by registered or certified mail, return receipt requested, to the subscribers last-known address. If any of the subscribers shares are sold at public auction, any excess of the proceeds over the total of the amount due plus any incidental charges of the sale shall be paid to the subscriber or his legal representative. If an action is brought to recover the amount due on a subscription or call, any judgment in favor of the corporation shall be reduced by the amount of the net proceeds of any sale by the corporation of the subscribers stock.
3. If a receiver of a corporation has been appointed, all unpaid subscriptions shall be paid at such times and in such installments as [such] the receiver or the court may direct, subject, however, to the provisions of the subscription contract.
4. A subscription for shares of a corporation to be organized is irrevocable for 6 months unless otherwise provided by the subscription agreement or unless all of the subscribers consent to the revocation of the subscription.
________
Senate Bill No. 154Senator Dodge
CHAPTER 355
AN ACT relating to the power of eminent domain; expressly including public buildings and grounds for the University of Nevada among the public uses for which the power may be exercised.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 37.010 is hereby amended to read as follows:
37.010 Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:
1. Federal activities. All public uses authorized by the Government of the United States.
2. State activities. Public buildings and grounds for the use of the state, the University of Nevada and all other public uses authorized by the legislature.
3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district; reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, or incorporated city or town, or for draining any county, or incorporated city or town; for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels; for roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof.
κ1977 Statutes of Nevada, Page 653 (CHAPTER 355, SB 154)κ
therefrom, and widening, deepening or straightening their channels; for roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof.
4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or road locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters, or other works, for the reduction of ores, with water for domestic and other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
6. Mining, smelting and related activities. Mining, smelting and related activities as follows:
(a) Mining and related activities, which are recognized as the paramount interest of this state.
(b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, natural gas or oil pipe lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. Telegraph, telephone, electric light, and electric power lines, and sites for electric light and power plants.
9. Sewerage. Sewerage of any city, or town, or of any settlement of not less than 10 families, or of any public building belonging to the state, or of any collect or university.
10. Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipe lines of beet sugar industry. Pipe lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar.
13. Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.
14. Aviation. Airports, air navigation facilities and aerial rights-of-way.
15. Monorails. Monorails and any other overhead or underground system used for public transportation.
16. Community antenna television companies. Community antenna television companies which have received a certificate of public convenience and necessity from the public service commission of Nevada, including the right to use the wires, conduits, cables or poles of any other public utility when:
κ1977 Statutes of Nevada, Page 654 (CHAPTER 355, SB 154)κ
television companies which have received a certificate of public convenience and necessity from the public service commission of Nevada, including the right to use the wires, conduits, cables or poles of any other public utility when:
(a) It creates no substantial detriment to the service provided by the utility;
(b) It causes no irreparable injury to the utility; and
(c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed exercise of the power of eminent domain, has found that such exercise is in the public interest.
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Senate Bill No. 132Committee on Judiciary
CHAPTER 356
AN ACT relating to nonprofit corporations; allowing the formation of such a corporation for religious purposes; reducing the vote required to amend the bylaws of a cooperative corporation; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 81.290 are hereby amended to read as follows:
81.290 1. Any number of citizens of the United States, not less than three, who desire to associate themselves for the purpose of engaging in educational, religious, scientific, charitable or eleemosynary activities, or a combination of such activities, may make, sign and acknowledge, before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which shall be stated:
(a) The name or title by which such corporation, association or society shall be known in law.
(b) That it is a nonprofit corporation, organized solely for educational, religious, scientific or general charitable and eleemosynary purposes or for a combination of educational, religious, scientific and charitable purposes.
(c) The county in this state where the principal office for the transaction of the business of the corporation is to be located.
(d) The number of trustees, which shall not be less than three; their term of office; and how they are to be chosen, except that in the case of an educational corporation, the method of selection of trustees may be provided in the bylaws.
(e) The names and residences of the trustees chosen for the first year.
(f) Any other matter which it is provided in NRS 81.290 to 81.340, inclusive, may or should be set out in the articles of incorporation.
2. The secretary of state shall make no charge for the filing of the certificate.
κ1977 Statutes of Nevada, Page 655 (CHAPTER 356, SB 132)κ
3. For the purposes of this section:
(a) Educational activities includes the activities of an association composed of the alumni of an educational institution.
(b) Charitable activities includes the operation of a hospital, although fees are charged for goods and services furnished.
Sec. 2. NRS 81.310 is hereby amended to read as follows:
81.310 The corporation shall, as an incident of its purpose and without any necessity for expressing the same in its articles of incorporation, having the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval or confirmation:
1. To receive, acquire, hold, manage, administer and expend property and funds for educational, religious, scientific, or general charitable and eleemosynary purposes, including the assistance and support of charitable institutions, associations and undertakings.
2. To take property and funds by will, gift or otherwise and with or without specification of any educational, charitable, or eleemosynary purpose, but in case no educational, religious, scientific, charitable or eleemosynary purpose is specified, the property or funds so received shall, nevertheless, be held upon the trust that the same shall be used for educational, religious, scientific, charitable or eleemosynary purposes. The corporation shall not have the power to take or hold property or funds for any purpose other than an educational, religious, scientific, charitable or eleemosynary one.
3. To hold, in its own name and right, real and personal property of every nature and description without limitation as to extent, character or amount and with all the powers of control, management, investment, change and disposal incident to the absolute ownership of property or funds by a private person, subject only to the terms of particular trusts and to the general trust that all its properties and funds shall be held for educational, religious, scientific, charitable, or eleemosynary purposes.
4. To borrow money, either upon or without security, giving such promissory notes or other evidences of indebtedness and such pledges, mortgages or other instruments of hypothecation as it may be advised.
5. To appoint and pay officers and agents to conduct and administer the affairs of the corporation, but no member of the board of trustees shall receive any compensation.
6. To adopt bylaws prescribing the duties of the officers and agents of the corporation, the detail of the organization, the time and manner of its meetings, and any and all detail incident to its organization and the efficient conduct and management of its affairs.
7. To do any and all things which a natural person might do necessary and desirable for the general purpose for which the corporation is organized.
8. To receive and use funds obtained from private donations, devises and bequests and from all lawful sources to be applied for general charitable and benevolent purposes in assisting the poor, the sick and needy, and various charitable homes, institutions or associate service centers and other charitable organizations operating with or assisted by this corporation.
κ1977 Statutes of Nevada, Page 656 (CHAPTER 356, SB 132)κ
9. In the case of an educational corporation, to establish, conduct and maintain an educational institution, to charge fees for the use of educational facilities or for instruction and to receive and use funds obtained from fees, private donations, devises and bequests and from all lawful sources for the construction, support and maintenance of the institution.
10. In the case of a charitable corporation whose stated purposes include the operation of a hospital, to operate a hospital, construct, enlarge or alter a hospital as required, to charge fees for goods or services furnished, and to receive and use funds obtained from fees, donations, devises and bequests and from all lawful sources for the construction, maintenance and operation of the hospital.
Sec 3. NRS 81.320 is hereby amended to read as follows:
81.320 The exercise of the powers of the corporation, with the right to delegate to officers and agents the performance of duties and the exercise of powers, shall be vested in its board of trustees, provided:
1. That the articles of incorporation may prescribe that the matter of controlling, managing, investing and disposing of the property of the corporation for the purpose of earning an income therefrom as distinguished from the matter of applying property and funds to educational, religious, scientific, charitable or eleemosynary purposes, shall be exclusively in a finance committee consisting of not less than three members of the board, designated or appointed in some particular manner; and
2. That the matter of controlling, managing and investing and disposing of the property of the corporation for the purpose of earning an income therefrom may be delegated either in whole or in part to one or more trust companies or banks duly authorized to conduct a trust or banking business in this state.
Sec. 4. NRS 81.340 is hereby amended to read as follows:
81.340 1. The corporation [shall be] is subject at all times to examination on behalf of the state to ascertain the condition of its affairs and to what extent, if at all, it may fail to comply with trusts which it has assumed or may depart from the general purpose for which it is formed. Such right of examination [shall pertain] pertains ex officio to the attorney general. In case of any such failure or departure the attorney general shall institute, in the name of the state, the proceedings necessary to correct [the same.] it.
2. The expenses of the corporation may be apportioned to the extent necessary against the various trust funds and property held by it, in the manner which seems just and equitable to the corporation, and the meeting of such expenses shall be deemed an educational, religious, scientific, charitable or eleemosynary purpose.
Sec. 5. NRS 81.470 is hereby amended to read as follows:
81.470 1. Each corporation incorporated under NRS 81.410 to 81.540, inclusive, must, within 1 month after filing articles of incorporation, adopt a code of bylaws for its government and management not inconsistent with the provisions of NRS 81.410 to 81.540, inclusive. A majority vote of the members, or the written assent of members representing a majority of the votes, is necessary to adopt such bylaws.
2. The power to make additional bylaws and to alter the bylaws adopted under the provisions of subsection 1 shall be in the members, but any corporation may, in its articles of incorporation, original or amended, or by resolution adopted by a [two-thirds] majority vote, or by written consent of [two-thirds] a majority of the members, confer that power upon the directors.
κ1977 Statutes of Nevada, Page 657 (CHAPTER 356, SB 132)κ
or by resolution adopted by a [two-thirds] majority vote, or by written consent of [two-thirds] a majority of the members, confer that power upon the directors. Bylaws made by the directors under power so conferred, may be altered by the directors or by the members. The written consent of [two-thirds] a majority of the members [shall suffice] suffices to adopt bylaws in addition to those adopted under the provisions of subsection 1, and to amend or repeal any bylaw.
3. All bylaws in force must be copied legibly in a book called the Book of Bylaws, kept at all times for inspection in the principal office. Until so copied, they shall not be effective or in force.
________
Senate Bill No. 217Committee on Transportation
CHAPTER 357
AN ACT relating to motor vehicle insurance; reducing the number of motor vehicles a person must have registered in his name to qualify as a self-insurer; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 485.380 is hereby amended to read as follows:
485.380 1. Any person in whose name more than [25] 10 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the division as provided in subsection 2 of this section.
2. The division may, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that [such person is possessed] he possesses and will continue to [be possessed of] possess the ability to pay judgments obtained against [such person] him and claims for basic reparation benefits as provided in chapter 698 of NRS.
3. Upon not less than 5 days notice and a hearing pursuant to such notice, the division may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after [such judgment shall have become] it becomes final [shall constitute] constitutes a reasonable ground for the cancellation of a certificate of self-insurance.
________
κ1977 Statutes of Nevada, Page 658κ
Senate Bill No. 85Committee on Judiciary
CHAPTER 358
AN ACT relating to probation; specifying first degree kidnaping as an offense for which probation may not be granted; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court [of the State of Nevada] of a crime upon verdict or plea, the court, except in cases of capital murder or murder of the first or second degree, kidnaping [,] in the first degree, forcible rape, or an offense for which the suspension of sentence or the granting of probation is expressly forbidden, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210, 201.220 or 201.230, is received by the court.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
3. In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution as provided in NRS 176.189, [; but in imposing sentence the court may fix the definite term of imprisonment within the minimum and maximum periods fixed by law,] except that the court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve [such] the sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of [such] the court to certify a copy of the records in the case and deliver the [same] copy to the chief parole and probation officer.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1977.
________
κ1977 Statutes of Nevada, Page 659κ
Senate Bill No. 195Senator Foote
CHAPTER 359
AN ACT relating to sales of real property; adopting the Uniform Vendor and Purchaser Risk Act; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 113 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. This act may be cited as the Uniform Vendor and Purchaser Risk Act.
Sec. 3. Any contract made in this state after July 1, 1977, for the purchase and sale of real property shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:
1. If, when neither the legal title nor possession of the subject matter of the contract has been transferred, all or a material part of the subject matter is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract and the purchaser is entitled to recover any portion of the price that he has paid.
2. If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part of the subject matter is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved of a duty to pay the price nor is he entitled to recover any portion of the price which he has paid.
Sec. 4. This act shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states which enact it.
________
Senate Bill No. 452Senator Gojack
CHAPTER 360
AN ACT relating to private corporations; increasing penalty for wrongfully refusing to permit inspection of certain records; providing for costs and attorneys fees; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.257 is hereby amended to read as follows:
78.257 1. Any person who has been a stockholder of record of any corporation and owns not less than 15 percent of all of the issued and outstanding shares of the stock of such corporation or has been authorized in writing by the holders of at least 15 percent of all its issued and outstanding shares, upon at least 5 days written demand, is entitled to inspect in person or by agent or attorney, during normal business hours, the books of account and all financial records of [such] the corporation, to make extracts therefrom, and to conduct an audit of such records.
κ1977 Statutes of Nevada, Page 660 (CHAPTER 360, SB 452)κ
person or by agent or attorney, during normal business hours, the books of account and all financial records of [such] the corporation, to make extracts therefrom, and to conduct an audit of such records. Holders of voting trust certificates representing 15 percent of the issued and outstanding shares of the corporation shall be regarded as stockholders for the purpose of this subsection. The right of stockholders to inspect the corporate records shall not be limited in the articles or bylaws of [such] any corporation.
2. All costs for making extracts of records or conducting an audit shall be borne by the person exercising his rights under subsection 1.
3. The rights authorized by subsection 1 may be denied to any stockholder upon his refusal to furnish the corporation an affidavit that such inspection, extracts or audit is not desired for any purpose not related to his interest in the corporation as a stockholder. Any stockholder or other person, exercising rights under subsection 1, who uses or attempts to use information, documents, records or other data obtained from the corporation, for any purpose not related to the stockholders interest in the corporation as a stockholder, is guilty of a gross misdemeanor.
4. If any officer or agent of any corporation keeping records in this state willfully neglects or refuses to permit an inspection of [such] the books of account and financial records upon demand by a person entitled to inspect them, or refuses to permit an audit to be conducted, as provided in subsection 1, [such] the corporation shall forfeit to the state the sum of [$25] $100 for every day of such neglect or refusal, and [such] the corporation, officer or agent thereof [shall be] is jointly and severally liable to the person injured for all damages resulting to him. [therefrom.]
5. A stockholder who brings an action or proceeding to enforce any right under this section or to recover damages resulting from its denial:
(a) Is entitled to costs and reasonable attorneys fees, if he prevails; or
(b) Is liable for such costs and fees, if he does not prevail,
in the action or proceeding.
6. The provisions of this section do not apply to any corporation listed and traded on any recognized stock exchange nor [shall it] do they apply to any corporation that furnishes to its stockholders a detailed, annual financial statement.
________
Senate Bill No. 275Committee on Judiciary
CHAPTER 361
AN ACT relating to the estates of decedents; providing a penalty for purchase by an appraiser without disclosure and voiding such a sale; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 144.030 is hereby amended to read as follows:
144.030 1. Before proceeding to the execution of his duty, each appraiser shall take and subscribe an oath, before any officer authorized to administer oaths, that he will truly, honestly and impartially appraise the property which is exhibited to him or called to his attention according to the best of his knowledge and ability.
κ1977 Statutes of Nevada, Page 661 (CHAPTER 361, SB 275)κ
appraiser shall take and subscribe an oath, before any officer authorized to administer oaths, that he will truly, honestly and impartially appraise the property which is exhibited to him or called to his attention according to the best of his knowledge and ability. The oath shall be attached to the inventory.
2. He shall then proceed to appraise the property of the estate. Each article or parcel shall be set down separately with the value thereof in dollars and cents in figures opposite to each article or parcel, respectively.
3. Any appraiser who directly or indirectly purchases any property of an estate which he has appraised, without full disclosure to and approved by the court, is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void.
________
Senate Bill No. 273Committee on Judiciary
CHAPTER 362
AN ACT relating to death certificates; prohibiting the signing of uncompleted death certificates; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 440 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any person to affix his signature to an uncompleted death certificate.
________
Senate Bill No. 394Committee on Judiciary
CHAPTER 363
AN ACT relating to administrative procedure; providing for the appointment of temporary replacements for officers disqualified from adjudicating contested cases before their agencies; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233B.122 is hereby amended to read as follows:
233B.122 1. No agency member who acts as an investigator or prosecutor in any contested case may take any part in the adjudication of such case.
2. If an officer of an agency disqualifies himself or is disqualified from participating in the adjudication of any contested case in which a decision will be rendered which is subject to judicial review, the officer shall send within 3 working days after the disqualification a notice of it to the authority which appointed him to the agency.
κ1977 Statutes of Nevada, Page 662 (CHAPTER 363, SB 394)κ
decision will be rendered which is subject to judicial review, the officer shall send within 3 working days after the disqualification a notice of it to the authority which appointed him to the agency. The appointing authority shall within 5 working days after receiving the notice appoint a person to serve in the place of the disqualified officer only for the purpose of participating in the adjudication of the contested case.
3. The person appointed under subsection 2 shall have the same qualifications required by law of the officer whom he replaces and is entitled to the same salary and per diem and travel expenses allowed to that officer.
________
Assembly Bill No. 40Assemblymen Barengo, Wagner, Hickey, Mann and Schofield
CHAPTER 364
AN ACT relating to the district courts; providing an additional district judge for the first judicial district; temporarily merging the first and ninth judicial districts; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into [nine] eight judicial districts, as follows:
First judicial district. The [county of] counties of Douglas, Lyon and Storey and Carson City constitute the first judicial district.
Second judicial district. The county of Washoe constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander constitute the third judicial district.
Fourth judicial district. The county of Elko constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln constitute the seventh judicial district.
Eighth judicial district. The county of Clark constitutes the eighth judicial district.
[Ninth judicial district. The counties of Douglas and Lyon constitute the ninth judicial district.]
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one district judge. For the first judicial district, there shall be [two] three district judges. For the second judicial district there shall be seven district judges. For the eighth judicial district there shall be 11 district judges.
κ1977 Statutes of Nevada, Page 663 (CHAPTER 364, AB 40)κ
3. In the first judicial district there shall be three departments. The counties of Douglas and Lyon constitute Department 3.
4. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy occurs in the office of any district judge it shall be filled as provided in NRS 3.080.
Sec. 2. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into [eight] nine judicial districts, as follows:
First judicial district. The [counties of Douglas, Lyon and] county of Storey and Carson City constitute the first judicial district.
Second judicial district. The county of Washoe constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander constitute the third judicial district.
Fourth judicial district. The county of Elko constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln constitute the seventh judicial district.
Eighth judicial district. The county of Clark constitutes the eighth judicial district.
Ninth judicial district. The counties of Douglas and Lyon constitute the ninth judicial district.
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one district judge. For the first judicial district, there shall be [three] two district judges. For the second judicial district there shall be seven district judges. For the eighth judicial district there shall be 11 district judges.
3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy occurs in the office of any district judge it shall be filled as provided in NRS 3.080.
Sec. 3. 1. This section shall become effective upon passage and approval.
2. Section 1 of this act shall become effective upon the first occurrence of a vacancy in the first or ninth judicial district after the effective date of this section, if such a vacancy occurs before the 1st Monday in January, 1979. If no such vacancy occurs before that date, section 1 of this act shall never become effective.
3. Section 2 of this act shall become effective on January 1, 1978, or on the date when section 1 of this act becomes effective if later, for the purpose of nominating and electing district judges in the first and ninth judicial districts, and on the 1st Monday in January, 1979, for all other purposes, if section 1 of this act has become effective. If section 1 of this act does not become effective, section 2 of this act shall never become effective.
________
κ1977 Statutes of Nevada, Page 664κ
Assembly Bill No. 617Assemblyman Kissam
CHAPTER 365
AN ACT relating to adoption; authorizing the welfare division of the department of human resources and licensed child-placing agencies to publish photographs of and personal information on children who are hard to place; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The welfare division of the department of human resources or any child-placing agency licensed pursuant to this chapter may publish in any newspaper published in this state or broadcast by television a photograph of and relevant personal information concerning any child who is difficult to place for adoption.
2. A child-placing agency shall not publish or broadcast:
(a) Any personal information which reveals the identity of the child or his parents; or
(b) A photograph or personal information for a child without the prior approval of the agency having actual custody of the child.
________
Senate Bill No. 493Committee on Finance
CHAPTER 366
AN ACT relating to Nevada Reports; authorizing the director of the Nevada legislative counsel bureau to contract for private printing subject to certain conditions; making an appropriation; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 [is authorized to pay the superintendent of the state printing and records division of the department of general services] 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 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 be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales shall be deposited by the director of the legislative counsel bureau in the legislative fund in the state treasury.
κ1977 Statutes of Nevada, Page 665 (CHAPTER 366, SB 493)κ
sales shall be deposited by the director of the legislative counsel bureau in the legislative fund in the state treasury.
Sec. 2. There is hereby appropriated from the state general fund for the support of the legislative counsel bureau, for the cost of reproducing volumes of Nevada Reports pursuant to NRS 345.025, the sum of $28,000.
________
Senate Bill No. 89Senator Neal
CHAPTER 367
AN ACT relating to persons convicted of crime; reducing the interval after which they may apply for restoration of civil rights; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.090 is hereby amended to read as follows:
213.090 1. When a pardon is granted for any offense committed, the pardon may or may not include restoration [to citizenship.] of civil rights. If the pardon includes restoration [to citizenship,] of civil rights, it shall be so stated in the instrument or certificate of pardon; and when granted upon conditions, limitations or restrictions, [the same] they shall be fully set forth in the instrument.
2. In any case where a convicted person has received a pardon without immediate restoration of [citizenship] his civil rights and has not been convicted of any offense greater than a traffic violation within [10 years of] 5 years after such pardon, [such person] he may apply to the state board of pardons commissioners for restoration of [citizenship] his civil rights and release from penalties and disabilities resulting from the offense or crime of which he was convicted. If, after investigation, the board determines that the applicant meets the requirements of this subsection, it shall restore [such person to citizenship] him to his civil rights and release [such person] him from all penalties and disabilities resulting from the offense or crime of which he was convicted. If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.
Sec. 2. NRS 213.155 is hereby amended to read as follows:
213.155 1. The board [shall have the power to] may restore a paroled prisoner to [citizenship,] his civil rights, such restoration [to citizenship] to take effect at the expiration of his parole.
2. In any case where a convicted person has completed his parole without immediate restoration of [citizenship] his civil rights and has not been convicted of any offense greater than a traffic violation within [10 years of such] 5 years after completion of parole, [such person] he may apply to the state board of parole commissioners for restoration of [citizenship] his civil rights and release from penalties and disabilities which resulted from the offense or crime of which he was convicted.
κ1977 Statutes of Nevada, Page 666 (CHAPTER 367, SB 89)κ
resulted from the offense or crime of which he was convicted. If, after investigation, the board determines that the applicant meets the requirements of this subsection, it shall restore [such person to citizenship] him to his civil rights and release [such person] him from all penalties and disabilities resulting from the offense or crime of which he was convicted. If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.
3. The board may make [rules and] regulations necessary or convenient for the purposes of this section.
Sec. 3. NRS 213.157 is hereby amended to read as follows:
213.157 In any case where a person convicted of a felony in the State of Nevada has served his sentence and been released from prison, and has not been convicted of any offense greater than a traffic violation within [10 years of such release, such person] 5 years of his release, he may apply to the department of parole and probation requesting restoration [to] of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted. If, after investigation, the department determines that the applicant meets the requirements of this section, it shall petition the district court in which the conviction was obtained for an order granting such restoration and release. If the department refuses to submit such petition, the applicant may, after notice to the department, petition such court directly for the restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
________
Senate Bill No. 504Senator Sheerin
CHAPTER 368
AN ACT relating to coroners; revising provisions on inquests; assigning responsibility for investigation into the cause of certain deaths; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 259.050 is hereby amended to read as follows:
259.050 1. When a justice of the peace, acting as coroner, or his deputy, [has been] is informed that a person has been killed, [or] has committed suicide [,] or has suddenly died under such circumstances as to afford reasonable ground to suspect that the death has been occasioned by unnatural means, he shall:
(a) Go to the place where the body is and make an investigation.
(b) Proceed to hold an inquest to inquire into the cause of the death.
2. In all cases where it is apparent or can be reasonably inferred that the death [has] may have been caused by a criminal act, the justice of the peace, acting as coroner, or his deputy, shall notify the district attorney and the sheriff of the county where the inquiry is made, and the district attorney and sheriff shall [assist in the inquiry.]
κ1977 Statutes of Nevada, Page 667 (CHAPTER 368, SB 504)κ
peace, acting as coroner, or his deputy, shall notify the district attorney and the sheriff of the county where the inquiry is made, and the district attorney and sheriff shall [assist in the inquiry.] make an investigation with the assistance of the justice of the peace, acting as coroner.
3. The holding of an inquest, as provided by this chapter, [shall be] is within the sound discretion of the district attorney [,] or district judge of the county, and such inquest need not be conducted in any case of death manifestly occasioned by natural cause, suicide, accident or when it is publicly known that the death was caused by a person already in custody. However, an inquest shall be held unless the district attorney or district judge certifies that no inquest is required.
4. If an inquest is held the justice of the peace, acting as coroner, or his deputy, shall, in addition to notifying the district attorney and the sheriff, summon three persons qualified by law to serve as jurors, to appear before him forthwith at the place where the body is or such other place within the county as may be designated by the justice of the peace, acting as coroner, or his deputy, to inquire into the cause of death.
5. A single inquest may be held with respect to more than one death, where all of such deaths were occasioned by a common cause.
________
Assembly Bill No. 462Assemblyman Banner
CHAPTER 369
AN ACT relating to public officers and employees; excluding certain employees from limitations on overtime work; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.100 is hereby amended to read as follows:
281.100 1. Except as otherwise provided in this section and NRS 284.180, the services and employment of all persons who are now, or may hereafter be, employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 40 hours in any 1 week.
2. The period of daily employment mentioned in this section [shall commence] commences from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.
3. Nothing in this section [shall apply] applies to:
(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof.
κ1977 Statutes of Nevada, Page 668 (CHAPTER 369, AB 462)κ
(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who: [are]
(1) Are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to police, deputy sheriffs or jailers [.] ;
(2) Chose and are approved for a variable work day or variable 80-hour work schedules within a biweekly pay period;
(3) Work more than 8 hours but not more than 10 hours in any 1 workday or 40 hours in any 1 workweek.
(4) Are executive, administrative, professional or supervisory employees; or
(5) Are covered by a collective bargaining agreement which establishes hours of service.
(c) Employees of the legislative counsel bureau.
(d) Work done directly by any public utility company pursuant to an order of the public service commission or other public authority.
4. Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, to work more than the number of hours limited. If so permitted or required, he shall receive, at the discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it [shall be] is to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as herein provided, [shall be] is guilty of a misdemeanor.
________
Senate Bill No. 438Committee on Commerce and Labor
CHAPTER 370
AN ACT relating to controlled substances; regulating the filling and writing of certain prescriptions; expanding the list of controlled substances; providing an additional ground for revocation or suspension of registration; limiting the transfer of controlled substances; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A pharmacist shall not fill a second or subsequent prescription for a controlled substance listed in schedule II for the same patient unless the frequency of prescriptions is in conformity with the directions for use. The need for any increased amount shall be verified by the prescriber in writing or by telephone.
κ1977 Statutes of Nevada, Page 669 (CHAPTER 370, SB 438)κ
Sec. 2. NRS 453.191 is hereby amended to read as follows:
453.191 1. The controlled substances listed in this section are included in schedule IV.
2. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(a) Barbital;
(b) Chloral betaine;
(c) Chloral hydrate;
(d) Ethchlorvynol;
(e) Ethinamate;
(f) Mebutomate;
(g) Methohexital;
(h) Meprobamate;
(i) Methylphenobarbital;
(j) Paraldehyde;
(k) Pemoline;
(l) Petrichloral; or
(m) Phenobarbital.
3. Any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible:
(a) [Fenfluramine;
(b) Diethylpropion; or
(c) Phentermine.] Chlordiazepoxide;
(b) Clonazepam;
(c) Chlorazepate;
(d) Diazepam;
(e) Diethylpropion;
(f) Fenfluramine;
(g) Flurazepam;
(h) Oxazepam;
(i) Phentermine;
(j) Prazepam; or
(k) Dextropropoxyphene.
4. The board may [accept] except by rule any compound, mixture or preparation containing any depressant substance listed in subsection 2 from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
Sec. 3. NRS 453.236 is hereby amended to read as follows:
453.236 1. A registration under NRS 453.231 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:
(a) Furnished false or fraudulent material information in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;
κ1977 Statutes of Nevada, Page 670 (CHAPTER 370, SB 438)κ
(b) Been convicted of a violation of any state or federal law relating to any controlled substance or of any felony, or had his registration or license to manufacture, distribute or dispense controlled substances revoked in any state;
(c) Had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances;
(d) Surrendered or failed to renew his federal registration;
(e) Ceased to be entitled under state law to manufacture, distribute or dispense a controlled substance; [or]
(f) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels [.] ; or
(g) Failed to keep complete and accurate records of controlled substances purchased, administered or dispensed.
2. The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
3. If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation orders becoming final all controlled substances may be forfeited to the state.
4. The board shall promptly notify the bureau and division of all orders suspending or revoking registration and the division shall promptly notify the bureau and the board of all forfeitures of controlled substances.
5. A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacists certificate has been suspended or revoked.
Sec. 4. NRS 453.251 is hereby amended to read as follows:
453.251 Controlled substances listed in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form [.] and may be received by a registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
Sec. 5. NRS 453.258 is hereby amended to read as follows:
453.258 A record of each refill of any prescription for a controlled substance listed in schedule III, IV or V, or any authorization to refill such a prescription, shall be kept on the back of the original prescription. Such record shall show the date of each refill or authorization, the number of dosage units and the name or initials of the pharmacist who refilled such prescription or obtained the authorization to refill.
Sec. 6. NRS 453.381 is hereby amended to read as follows:
453.381 1. [A] Except as otherwise prohibited in this subsection, a physician, dentist or podiatrist, in good faith and in the course of his professional practice or as directed by the health division of the department of human resources at a certified hospital or at a rehabilitation clinic, may prescribe, administer and dispense controlled substances, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
κ1977 Statutes of Nevada, Page 671 (CHAPTER 370, SB 438)κ
prescribe, administer and dispense controlled substances, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
[2.] Except in cases of emergency or serious illness, a physician, dentist or podiatrist is prohibited from prescribing controlled substances listed in schedules II for himself, his spouse or children.
2. Each prescription for a controlled substance listed in schedule II shall be written on a separate prescription blank.
3. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense controlled substances, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
[3.] 4. Any person who has obtained from a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of such physician, dentist, podiatrist or veterinarian shall return to such physician, dentist, podiatrist or veterinarian any unused portion of such substance when it is no longer required by the patient.
________
Senate Bill No. 467Committee on Commerce and Labor
CHAPTER 371
AN ACT relating to physicians assistants; authorizing the state board of pharmacy to issue registration certificates to physicians assistants for the possession, administration and dispensing of controlled substances, poisons, dangerous drugs and devices; providing for registration fees and the suspension and revocation of registration certificates; requiring the adoption of regulations by the state board of pharmacy; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A physicians assistant may, if authorized by the board, possess, administer or dispense controlled substances, poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the physicians assistants certificate as issued by the board.
2. Each physicians assistant who is authorized by his physicians assistants certificate issued by the state board of medical examiners to possess, or administer or dispense controlled substances, or poisons, or dangerous drugs or devices must apply for and obtain a registration certificate from the board and pay a fee to be set by regulations adopted by the board before he can possess, administer or dispense controlled substances, poisons, dangerous drugs or devices.
3. The board shall consider each application separately and may, even though the physicians assistants certificate issued by the state board of medical examiners authorizes the physicians assistant to possess, administer or dispense controlled substances, poisons, dangerous drugs and devices:
κ1977 Statutes of Nevada, Page 672 (CHAPTER 371, SB 467)κ
even though the physicians assistants certificate issued by the state board of medical examiners authorizes the physicians assistant to possess, administer or dispense controlled substances, poisons, dangerous drugs and devices:
(a) Refuse to issue a registration certificate;
(b) Issue a registration certificate limiting the physicians assistants authority to possess, administer or dispense controlled substances, poisons, dangerous drugs or devices, the area in which the physicians assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or
(c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.
4. If the registration of the physicians assistant is suspended or revoked, the physicians controlled substance registration may also be suspended or revoked.
5. The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances, poisons, dangerous drugs and devices by physicians assistants. In the adoption of such regulations, the board shall consider, but is not limited to, the following:
(a) The area in which the physicians assistant is to operate;
(b) The population of that area;
(c) The experience and training of the physicians assistant;
(d) The distance to the nearest hospital and physician; and
(e) The effect on the health, safety and welfare of the public.
Sec. 2. NRS 453.021 is hereby amended to read as follows:
453.021 Administer means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:
1. A practitioner or, in his presence, by his authorized agent;
2. A licensed nurse, at the direction of a physician; [or]
3. The patient or research subject at the direction and in the presence of the practitioner [.] ; or
4. A physicians assistant, if authorized by the board.
Sec. 3. NRS 453.056 is hereby amended to read as follows:
453.056 A controlled substance or drug is dispensed if it is delivered to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, or is furnished to an ultimate user personally by a physician, physicians assistant if authorized by the board, dentist or podiatrist in any amount greater than that which is necessary for the present and immediate needs of the user. Dispensing includes the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
Sec. 4. NRS 454.191 is hereby amended to read as follows:
454.191 Administer means the furnishing:
1. By a physician, physicians assistant if authorized by the board, surgeon, dentist, podiatrist or veterinarian to his patient of such amount of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient; or
κ1977 Statutes of Nevada, Page 673 (CHAPTER 371, SB 467)κ
of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient; or
2. By a nurse pursuant to a chart order of individual doses of a drug or medicine:
(a) From an original container which has been furnished as floor or ward stock by a hospital pharmacy;
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a physician, dentist, podiatrist or veterinarian.
Sec. 5. NRS 454.211 is hereby amended to read as follows:
454.211 Dispense means the furnishing of:
1. Drugs by a registered pharmacist upon the legal prescription from a physician, dentist, podiatrist or veterinarian; or
2. Drugs or medicines to a patient personally by a physician, physicians assistant if authorized by the board, dentist, podiatrist or veterinarian in any amount greater than that which is necessary for the present and immediate needs of the patient.
Sec. 6. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a physician, dentist, podiatrist or veterinarian is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by a physician, physicians assistant if authorized by the board, dentist, podiatrist or veterinarian to his own patients as provided in NRS 454.301 or by a manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, podiatrist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
________
Senate Bill No. 447Senators Blakemore and Hernstadt
CHAPTER 372
AN ACT relating to motor vehicle salesmen; changing certain provisions for the licensing of such salesmen; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.362 is hereby amended to read as follows:
482.362 1. Except as provided in NRS 482.324, no person may engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
κ1977 Statutes of Nevada, Page 674 (CHAPTER 372, SB 447)κ
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of such applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time such application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of $5 per year. Such licenses shall expire on December 31 of each calendar year.
(e) Such other information as the department may deem necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
3. A vehicle, trailer or semitrailer salesmans license issued pursuant to this chapter shall not permit a person to engage in the business of a mobile home salesman.
4. [A] An application for a salesmans license may be denied and a salesmans license may be suspended or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(d) Falsification of the application.
(e) Any reason determined by the director to be in the best interests of the public.
5. A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who shall be a licensed dealer, lessor or rebuilder.
6. [A salesmans license issued hereunder may be transferred to another dealer or rebuilder upon application and the payment of a transfer fee of $2. However, when a salesman holding a current salesmans license leaves the employment of one dealer or rebuilder for that of another, the new employer may immediately employ the salesman pending the transfer of the salesmans license to his dealership or rebuilding business but the transfer must be completed within 10 days.] If an application for a salesmans license has been denied, the applicant may reapply after a period not less than 6 months has elapsed from the date of the denial.
7. A salesmans license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom he is licensed to sell vehicles.
8. [In the event that] If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman [shall be] is automatically suspended and his right to act as a salesman [shall] thereupon immediately [cease,] 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 [.
κ1977 Statutes of Nevada, Page 675 (CHAPTER 372, SB 447)κ
dealer, lessor or rebuilder [. Every licensed salesman shall report in writing to the department every change in his residence address, place of employment, or termination of employment within 5 days of the date of making such change.] , and has thereafter presented a current temporary license or a new salesmans license to his employer.
9. If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days.
10. A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of such employment within 10 days following the date of termination by forwarding the salesmans license to the department.
[9.] 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.
________
Assembly Bill No. 660Assemblyman May
CHAPTER 373
AN ACT relating to the powers and duties of cities; changing certain procedures for city annexations of territory in counties with a population under 200,000; requiring such cities to annex certain portions of county roads in connection with annexations; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When a city annexes territory which is not included within its existing boundaries, the territory annexed shall include the following county roads or portions of county roads:
1. If the annexed territory abuts upon one side of a county road and the territory which abuts upon the opposite side of the road is not within the boundaries of the annexing city, the annexed territory shall extend to the middle of the road.
2. If the annexed territory abuts upon a county road on both sides of the road, or if the annexed territory abuts upon one side of a county road and the territory which abuts upon the opposite side of the road is within the existing boundaries of the annexing city, the annexed territory shall include the portion of road so abutted on both sides, and the portion of the road which is included in the annexed territory shall become 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 also be annexed and shall become city streets.
Sec. 2. NRS 268.610 is hereby amended to read as follows:
268.610 1. The provisions of NRS 268.610 to 268.670, inclusive, [shall] and section 1 of this act apply only to cities located in counties having a population of less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1977 Statutes of Nevada, Page 676 (CHAPTER 373, AB 660)κ
having a population of less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. The provisions of NRS 268.610 to 268.670, inclusive, [shall] except section 1 of this act, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.
Sec. 3. NRS 268.612 is hereby amended to read as follows:
268.612 As used in NRS 268.610 to 268.670, inclusive, and section 1 of this act, the words and terms defined in NRS 268.614 to 268.624, inclusive, shall, unless the context otherwise requires, have the meanings ascribed to them in NRS 268.614 to 268.624, inclusive.
Sec. 4. NRS 268.648 is hereby amended to read as follows:
268.648 1. Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within 30 days following conclusion of the hearing, present its determination. The commission may also adjourn a hearing from time to time, but not to exceed a total of 30 days.
2. If the commission approves the annexation, proceedings therefor may be continued as provided in NRS 268.610 to 268.670, inclusive [.] , and section 1 of this act. If the commission disapproves the proposed annexation, further proceedings to annex the territory to the city shall terminate. If the commission approves the proposed annexation with modifications or conditions, further proceedings for the annexation may be continued only in compliance with such modifications or conditions.
Sec. 5. NRS 268.670 is hereby amended to read as follows:
268.670 1. [Notwithstanding the provisions of] As an alternative to the procedures for initiation of annexation proceedings set forth in NRS 268.610 to 268.668, inclusive, the governing body of a city may, subject to the provisions of section 1 of this act and after notifying the board of county commissioners of the county in which the city lies of its intention, annex:
(a) Contiguous territory owned in fee by the city.
(b) Other contiguous territory if 100 percent of the owners of record of individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing such area and to take such other action as is necessary and appropriate to accomplish such annexation.
2. For the purposes of this section, contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the state or by the State of Nevada.
________
κ1977 Statutes of Nevada, Page 677κ
Senate Bill No. 455Senators Close and Bryan
CHAPTER 374
AN ACT relating to justices of the peace; increasing the number allotted to certain townships; establishing staggered terms; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 4.020 is hereby amended to read as follows:
4.020 1. There shall be one justices court in each of the townships of the state, for which there shall be elected by the qualified electors of the township [at a general state election in November 1974, and every 4 years thereafter,] the following number of justices of the peace according to the population of the township as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce [.] :
(a) If the population is less than 60,000, one justice of the peace.
(b) If the population is 60,000 or more but less than 150,000, two justices of the peace.
(c) If the population is 150,000 or more, [four] five justices of the peace.
2. [The term of office of justices of the peace shall be 4 years beginning on the 1st Monday in January next succeeding their election.
3.] Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
[4.] 3. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of any justice of the peace. The certificate shall be filed in the office of the secretary of state as evidence of the official character of such officer.
Sec. 2. Chapter 4 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The term of office of justices of the peace is 4 years except as otherwise provided in this section. Each term begins on the 1st Monday of the January next after the appropriate general election.
2. On or before the 1st Monday on January in 1979, the chief justice of the supreme court shall:
(a) In those townships having two justices of the peace, determine by lot one justice of the peace whose term expires on the 1st Monday in January in 1981 and one justice of the peace whose term expires on the 1st Monday of January in 1983.
(b) In those townships having five justices of the peace, determine by lot among the successors of justices of the peace in office on January 3, 1977, one justice of the peace whose term expires on the 1st Monday of January in 1981. The terms of the respective successors of the other justices of the peace expire on the 1st Monday of January in 1983. The term of the successor of the justice of the peace appointed for a term beginning on July 1, 1978, and expiring on the 1st Monday of January in 1979, expires on the 1st Monday of January in 1981.
κ1977 Statutes of Nevada, Page 678 (CHAPTER 374, SB 455)κ
The respective successors of those justices of the peace whose elective terms expire under the provisions of paragraphs (a) and (b) shall be elected at the general election next preceding the expiration date, for a term of 4 years.
3. If the board of county commissioners alters the boundaries of a township so that the proper number of justices of the peace within the township is increased or diminished, the board shall provide an effective date for the alteration such that the number of justices of the peace elected from each township at each general election remains as nearly equal as may be.
Sec. 3. The board of county commissioners of each county in which there is a township of such size that its justices court is entitled to an additional justice of the peace under section 1 of this act, shall appoint that justice of the peace for a term beginning on July 1, 1978, and expiring on the 1st Monday of January 1979.
Sec. 4. 1. Sections 1 and 2 of this act shall become effective on July 1, 1978, for the purpose of fixing the numbers of justices of the peace for the respective townships, and on January 1, 1978, for the purposes of electing justices of the peace at the general election in 1978 and determining their terms as provided by law.
2. This section shall become effective on January 1, 1978, and section 3 of this act shall become effective on July 1, 1978.
________
Senate Bill No. 399Senator Glaser
CHAPTER 375
AN ACT relating to taxes on agricultural and open-space real property; clarifying the type of land eligible for agricultural use assessment and the basis for that assessment; making various changes in the procedure for determining and recording full cash value; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 361A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Higher use means any use other than agricultural use or open-space use.
Sec. 3. Higher use area means any appropriate geographical area of a county composed predominantly of property which is put to a higher use.
Sec. 4. 1. When any agricultural real property whose full cash value as determined pursuant to NRS 361.227 and 361.260 has not been separately determined for each year in which agricultural use assessment was in effect for the property is:
(a) Determined by the county assessor to be located in a higher use area; or
κ1977 Statutes of Nevada, Page 679 (CHAPTER 375, SB 399)κ
(b) Converted in whole or in part to a higher use,
the county assessor shall determine its full cash value at the time the location in a higher use area is determined or at the time of conversion, respectively, and discount that valuation as appropriate to determine the valuation against which to compute the deferred tax.
2. The department shall prescribe by regulation an appropriate procedure for determining full cash value assessment under this section.
Sec. 5. NRS 361A.010 is hereby amended to read as follows:
361A.010 As used in this chapter, the terms defined in NRS 361A.020 to [361A.080,] NRS 361A.070, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in [such] those sections except where the context otherwise requires.
Sec. 6. NRS 361A.020 is hereby amended to read as follows:
361A.020 1. Agricultural real property means:
(a) Land:
(1) Devoted exclusively for at least 3 consecutive years immediately preceding the assessment date to:
(I) Agricultural use; or
(II) Activities which prepare the land for agricultural use; and
(2) Having a greater value for another use than for agricultural use. For the purposes of this subparagraph, agricultural land devoted to agricultural use has a greater value for another use if its full cash value determined pursuant to NRS 361.227 and 361.260 exceeds its value for agricultural use determined on the basis provided in NRS 361.325.
(b) The improvements on such land which support accepted agricultural practices except any structures or any portion of a structure used primarily as a human dwelling.
The term does not apply to any land with respect to which the owner has granted and has outstanding any lease or option to buy the surface rights for other than agricultural use, except leases for the exploration of geothermal resources as defined in NRS 361.027, mineral resources or other subsurface resources, or options to purchase such resources, if such exploration does not interfere with the agricultural use of the land.
2. As used in this section, accepted agricultural practices means a mode of operation that is common to farms or ranches of a similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with agricultural use.
Sec. 7. NRS 361A.130 is hereby amended to read as follows:
361A.130 1. If the property is found to be agricultural real property, the county assessor shall determine its [full cash] value for agricultural use and assess it at 35 percent of that value. At the same time the assessor shall make a separate determination of [the] its full cash value [of the propertys potential use] pursuant to NRS 361.227 and 361.260 [.] if he determines that the property is located in a higher use area. If the assessor determines that the property is not located in a higher use area, he shall make the agricultural use assessment only, and shall not make the full cash value assessment, except as provided in section 4 of this act.
2. The full cash value assessment shall be maintained in the assessors records, and shall be made available to any person upon request. The property owner shall be notified of the full cash value assessment each year the property is reappraised, together with the agricultural use assessment, in the manner prescribed by the department.
κ1977 Statutes of Nevada, Page 680 (CHAPTER 375, SB 399)κ
year the property is reappraised, together with the agricultural use assessment, in the manner prescribed by the department.
[2.] 3. The entitlement of agricultural real property to agricultural use assessment shall be determined as of the first Monday in September in each year. If the property becomes disqualified for such assessment prior to the first Monday in September in the same year, it shall be assessed as all other real property is assessed.
Sec. 8. NRS 361A.150 is hereby amended to read as follows:
361A.150 The county assessor shall enter on the assessment roll [both] the valuation based on agricultural use [and the valuation based on potential use] until the property becomes disqualified for agricultural use assessment by:
(a) Notification by the applicant to the assessor to remove agricultural use assessment;
(b) Sale or transfer to an ownership making it exempt from ad valorem property taxation;
(c) Removal of the agricultural use assessment by the assessor upon discovery that the property is no longer in agricultural use; or
(d) Failure to file an application as provided in NRS 361A.110.
2. Except as provided in paragraph (b) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify agricultural real property from agricultural use assessment so long as the property continues to be used exclusively for agricultural use, if the new owner applies for agricultural use assessment in the manner provided in NRS 361A.110.
3. Whenever agricultural real property becomes disqualified under subsection 1, the county assessor shall send a written notice of [such] disqualification by certified mail with return receipt requested to each owner of record.
Sec. 9. NRS 361A.160 is hereby amended to read as follows:
361A.160 1. The determination of use, the agricultural use assessment and the [potential use] full cash value assessment in each year are final unless appealed in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.
2. Any person desiring to have his property assessed for agricultural use who fails to file a timely application may petition the county board of equalization which, upon good cause shown, may accept an application, and, if appropriate, allow that application. The assessor shall then assess the property consistently with the decision of the county board of equalization on the next assessment roll.
Sec. 10. NRS 361A.220 is hereby amended to read as follows:
361A.220 1. If the property is found by the board of county commissioners to be open-space real property, the county assessor shall determine its [full cash] value for open-space use and assess it at 35 percent of that value. At the same time, the assessor shall make a separate determination of [the] its full cash value [of the propertys potential use] pursuant to NRS 361.227 and 361.260.
2. The full cash value assessment shall be maintained in the assessors records and shall be made available to any person upon request. The property owner shall be notified of the full cash value assessment each year the property is reappraised, together with the open space use assessment in the manner prescribed by the department.
κ1977 Statutes of Nevada, Page 681 (CHAPTER 375, SB 399)κ
year the property is reappraised, together with the open space use assessment in the manner prescribed by the department.
3. The entitlement of open-space real property to open-space use assessment shall be determined as of the first Monday in September in each year. If the property becomes disqualified for [such] open-space assessment prior to the first Monday in September in the same year, it shall be assessed as all other real property is assessed.
Sec. 11. NRS 361A.230 is hereby amended to read as follows:
361A.230 1. The county assessor shall enter on the assessment roll [both] the valuation based on open-space use [and the valuation based on potential use] until the property becomes disqualified for open-space use assessment by:
(a) Notification by the applicant to the assessor to remove open-space use assessment;
(b) Sale or transfer to an ownership making it exempt from ad valorem property taxation;
(c) Removal of the open-space use assessment by the assessor, with the concurrence of the board, upon discovery that the property is no longer in the approved open-space use; or
(d) Failure to file a new application as provided in NRS 361A.190.
2. Except as provided in paragraph (b) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify open-space real property from open-space use assessment so long as the property continues to be used exclusively for an approved open-space use, if the new owner applies for open-space use assessment in the manner provided in NRS 361A.190.
3. Whenever open-space real property becomes disqualified under subsection 1, the county assessor shall send a written notice of [such] disqualification by certified mail with return receipt requested to each owner of record.
Sec. 12. NRS 361A.240 is hereby amended to read as follows:
361A.240 1. The determination of use, the open-space use assessment and the [potential use] full cash value assessment in each year are final unless appealed.
2. The applicant for open-space assessment is entitled to:
(a) Appeal the determination made by the board of county commissioners to the district court in the county where the property is located, or if located in more than one county, in the county in which the major portion of the property is located, as provided in NRS 278.027.
(b) Equalization of both the open-space use assessment and the [potential use] full cash value assessment in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.
Sec. 13. NRS 361A.280 is hereby amended to read as follows:
361A.280 1. [Whenever] When agricultural or open-space real property which [has received] is receiving agricultural or open-space use assessment is converted [thereafter to a potential] to a higher use, there shall be added to the tax extended against the property on the next property tax [roll,] statement, an amount equal to the sum of the following:
(a) The deferred tax, which [shall be] is the difference between the taxes paid or payable on the basis of the agricultural or open-space use assessment and the taxes which would have been paid or payable on the basis of the [potential use] full cash value determination for each year in which agricultural or open-space use assessment was in effect for the property, up to 84 months immediately preceding the date of conversion from agricultural or open-space use.
κ1977 Statutes of Nevada, Page 682 (CHAPTER 375, SB 399)κ
taxes paid or payable on the basis of the agricultural or open-space use assessment and the taxes which would have been paid or payable on the basis of the [potential use] full cash value determination for each year in which agricultural or open-space use assessment was in effect for the property, up to 84 months immediately preceding the date of conversion from agricultural or open-space use. The 84-month period includes the most recent year of agricultural or open-space use assessment but does not include any period prior to July 1, 1976.
(b) Interest upon the amounts of deferred tax from each year included in subsection 1 at the rate of 6 percent per annum.
(c) A penalty equal to 20 percent of the accumulated deferred tax for each year in which the owner failed to give the notice required by NRS 361A.270.
2. The deferred tax and interest [added to the assessment roll each year] is a perpetual lien until paid as provided in NRS 361.450; but if the property is not converted to a [potential] higher use within 84 months after the date of attachment, the lien for that earliest year then expires.
3. Any penalty added [to the tax roll] pursuant to subsection 1 is a perpetual lien until paid as provided in NRS 361.450.
4. Each year a statement of liens attached pursuant to subsections 2 and 3 shall be recorded with the county recorder by the tax receiver in a form prescribed by the department upon completion of the tax statement. [in the manner provided in NRS 361A.260.]
5. If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from ad valorem property taxation between July 1 and the first Monday in September, inclusive, in any year, a lien for a proportional share of the deferred taxes or interest that would otherwise have been [placed on the tax roll prepared] due in the following year, attaches on the day preceding [such] the sale or transfer. The lien shall be enforced against the property when it is converted to a [potential] higher use, even though the owner at the time of conversion enjoys an exemption from taxation.
Sec. 14. NRS 361A.080 and 361A.260 are hereby repealed.
________
Assembly Bill No. 638Committee on Commerce
CHAPTER 376
AN ACT relating to insurance; revising standard valuation and nonforfeiture provisions of life insurance and annuity contracts; and providing other matters properly relating thereto.
[Approved May 5, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 681B.120 is hereby amended to read as follows:
681B.120 1. Except as otherwise provided in subsection 3 of this section, the minimum standard for the valuation of all policies and contracts issued prior to the effective date of NRS 688A.290 to 688A.360, inclusive, (standard nonforfeiture law) shall be as follows:
κ1977 Statutes of Nevada, Page 683 (CHAPTER 376, AB 638)κ
section, the minimum standard for the valuation of all policies and contracts issued prior to the effective date of NRS 688A.290 to 688A.360, inclusive, (standard nonforfeiture law) shall be as follows:
(a) The legal minimum standard for valuation of contracts issued prior to January 1, 1942, shall be a basis not lower than that used for the annual statement of the year during which such policies were issued, and for contracts issued on and after January 1, 1942, shall be the American Experience Table of Mortality with either Craigs or Buttolphs Extension for ages under 10, with interest at not more than 3.5 percent per annum. Annuities and pure endowments purchased under group annuity and pure endowment contracts shall be valued in the same manner, with interest at not more than 5 percent. Such policies may provide for not more than 1-year preliminary term insurance by incorporating therein a clause plainly showing that the first years insurance under such contract is term insurance purchased by the whole or part of the premiums to be received during the first contract year.
(b) The legal minimum standard for the valuation of group life insurance policies under which the premium rates are not guaranteed for a period in excess of 5 years shall be the American Men Ultimate Table of Mortality with interest at not more than 3.5 percent per annum.
(c) The legal minimum standard for the valuation of industrial policies shall be the American Experience Table of Mortality or the Standard Industrial Mortality Table or the Substandard Industrial Mortality Table with interest at not more than 3.5 percent per annum by the net level premium method, or in accordance with their terms by the modified preliminary term method described in this section.
(d) Reserves for all such policies and contracts may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for all such policies and contracts than the minimum reserves required by this subsection.
2. Except as otherwise provided in subsection 3 of this section, the minimum standard for the valuation of all policies and contracts issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive, (standard nonforfeiture law), shall be the Commissioners reserve valuation [method] methods defined in NRS 681B.130 [,] and 681B.150, 5 percent interest for group annuity and pure endowment contracts and 3.5 percent interest [,] for all other such policies and contracts or, in the case of policies and contracts other than annuity and pure endowment contracts issued on or after July 1, 1973, 4 percent interest [,] for such policies issued prior to July 1, 1977, 5.5 percent interest for single premium life insurance policies and 4.5 percent for all other such policies issued on and after July 1, 1977, and the following tables:
(a) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1941 Standard Ordinary Mortality Table until the operative date of NRS 688A.340, and, for all such policies issued on and after such date, the Commissioners 1958 Standard Ordinary Mortality Table, except that for any category of such policies issued on female risks all modified net premiums and present values referred to in NRS 681B.110 to 681B.150, inclusive, may be calculated according to an age not more than [3] 6 years younger than the actual age of the insured.
κ1977 Statutes of Nevada, Page 684 (CHAPTER 376, AB 638)κ
(b) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table for such policies issued prior to the operative date of NRS 688A.330, and the Commissioners 1961 Standard Industrial Mortality Table for such policies issued on or after such operative date.
(c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table, or, at the option of the insurer, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner.
(d) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the commissioner, or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts.
(e) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; and for policies or contracts issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law), and prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disability Table (1926).
(f) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; and for policies issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law) and prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies.
(g) For group life insurance, for life insurance issued on the substandard basis and for special benefits, such tables as may be approved by the commissioner.
3. The minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the valuation operative date, defined in subsection 4, and for all annuities and pure endowments purchased on or after such date, under group annuity and pure endowment contracts, shall be the Commissioners reserve valuation [method] methods defined in NRS 681B.130 and the following tables and interest rates:
(a) For individual annuity and pure endowment contracts [,] issued before July 1, 1977, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of such table approved by the commissioner, and 6 percent interest for single premium immediate annuity contracts, and 4 percent interest for all other individual annuity and pure endowment contracts.
(b) For individual single premium immediate annuity contracts issued on or after July 1, 1977, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of that table approved by the commissioner, and 7.5 percent interest.
κ1977 Statutes of Nevada, Page 685 (CHAPTER 376, AB 638)κ
on or after July 1, 1977, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of that table approved by the commissioner, and 7.5 percent interest.
(c) For individual annuity and pure endowment contracts issued on or after July 1, 1977, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of that table approved by the commissioner, and 5.5 percent interest for single premium deferred annuity and pure endowment contracts and 4.5 percent interest for all other such individual annuity and pure endowment contracts.
(d) For all annuities and pure endowments purchased before July 1, 1977, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits [in] purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of such table approved by the commissioner, and 6 percent interest.
(e) For all annuities and pure endowments purchased on or after July 1, 1977, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of that table approved by the commissioner, and 7.5 percent interest.
4. After July 1, 1973, any insurer may file with the commissioner a written notice of its election to comply with the provisions of subsection 3 after a specified date before January 1, 1979, which shall be the valuation operative date for such insurer, but an insurer may elect a different valuation operative date for individual annuity and pure endowment contracts from that elected for group annuity and pure endowment contracts. If an insurer makes no such election, the valuation operative date for such insurer shall be January 1, 1979.
Sec. 2. NRS 681B.130 is hereby amended to read as follows:
681B.130 1. [Reserves,] Except as otherwise provided in subsection 3 and in NRS 681B.150, reserves, according to the Commissioners reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums shall be the excess, if any, of the present value, at the date of valuation, of such future guaranteed benefits provided for by such policies over the then-present value of any future modified net premiums therefor. [2.] The modified net premiums for any such policy shall be such a uniform percentage of the respective contract premiums for such benefits that the present value, at the date of issue of the policy, of all such modified net premiums shall be equal to the sum of the then-present value of such benefits provided for by the policy and the excess of:
(a) A net level annual premium equal to the present value, at the date of issue, of such benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of such policy on which a premium falls due; over
(b) A net 1-year term premium for such benefits provided for in the first policy year.
κ1977 Statutes of Nevada, Page 686 (CHAPTER 376, AB 638)κ
[3.] The net level annual premium referred to in paragraph (a) [of subsection 2] shall not exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age 1 year higher than the age at issue of such policy.
[4.] 2. Reserves according to the Commissioners reserve valuation method for: [life]
(a) Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums; [, for]
(b) Group annuity and pure endowment contracts [, for disability] purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship), by an employee organization or by both other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as amended;
(c) Disability and accidental death benefits in all policies and contracts; [,] and [for all]
(d) All other benefits, except life insurance and endowment benefits in life insurance policies [,] and benefits provided by all other annuity and pure endowment contracts,
shall be calculated by a method consistent with the principles of [this section,] subsection 1 and its subsection, except that any extra premiums charged because of impairments or special hazards shall be disregarded in the determination of modified net premiums.
3. This subsection applies to all annuity and pure endowment contracts except those group annuity and pure endowment contracts for which reserves according to the Commissioners reserve valuation method are to be calculated by a method consistent with the principles of subsections 1 and 2.
Reserves according to the Commissioners annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in such contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by such contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation, considerations derived from future gross considerations, required by the terms of such contract, which become payable before the end of such respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate or rates specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of such contracts to determine nonforfeiture values.
[5. In no event shall an] 4. An insurers aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law) shall not be less than the aggregate reserves calculated in accordance with the [method] methods set forth in this section, NRS 681B.150 and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for such policies.
κ1977 Statutes of Nevada, Page 687 (CHAPTER 376, AB 638)κ
Sec. 3. NRS 681B.140 is hereby amended to read as follows:
681B.140 [1.] Reserves for any category of policies, contracts or benefits as established by the commissioner, issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law), may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for such category than those calculated according to the minimum [standard] standards provided by [subsection 2] subsections 2 and 3 of NRS 681B.120, but the rate or rates of interest used for policies and contracts other than the annuity and pure endowment contracts shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided for in such policies.
[2. Reserves for participating life insurance policies issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law) may, with the consent of the commissioner, be calculated according to a rate of interest lower than the rate of interest used in calculating the nonforfeiture benefits in such policies, but if such lower rate differs from the rate used in the calculation of the nonforfeiture benefits by more than one-half percent, the insurer issuing such policies shall file with the commissioner a plan providing for such equitable increases, if any, in the cash surrender values and nonforfeiture benefits in such policies as the commissioner shall approve.]
Sec. 4. NRS 681B.150 is hereby amended to read as follows:
681B.150 [1.] If in any contract year the gross premium charged by any life insurer on any policy or contract issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive, (standard nonforfeiture law), is less than the valuation net premium for the policy or contract [according to the mortality table, rate of interest and] calculated by the method used in calculating the reserve thereon, [there shall be maintained on such policy or contract a deficiency reserve in addition to all other reserves required by law.
2. For each such policy or contract the deficiency reserve shall be the present value, according to such standard, of an annuity of the difference between such net premium and the premium charged for such policy or contract, running for the remainder of the premium-paying period.] but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for the policy or contract shall be the greater of:
1. The reserve calculated according to the mortality table, rate of interest and method actually used for the policy or contract; or
2. The reserve calculated by the method actually used for the policy or contract, but using the minimum standards of mortality and rate of interest, and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium.
Sec. 5. Chapter 688A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 16, inclusive, of this act.
Sec. 6. Sections 6 to 16, inclusive, of this act do not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer (including a partnership or sole proprietorship), by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as amended, premium deposit fund, variable annuity, investment annuity, immediate annuity, deferred annuity contract after annuity payments have commenced, reversionary annuity or to any contract which will be delivered outside this state through an agent or other representative of the company issuing the contract.
κ1977 Statutes of Nevada, Page 688 (CHAPTER 376, AB 638)κ
by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as amended, premium deposit fund, variable annuity, investment annuity, immediate annuity, deferred annuity contract after annuity payments have commenced, reversionary annuity or to any contract which will be delivered outside this state through an agent or other representative of the company issuing the contract.
Sec. 7. No contract of annuity issued on or after July 1, 1977, may be delivered or issued for delivery in this state unless it contains in substance the following provisions, or corresponding provisions which in the opinion of the commissioner are at least as favorable to the contract holder:
1. A statement that upon cessation of payment of considerations under a contract, the company will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in sections 9 to 12, inclusive, and 14 of this act.
2. If a contract provides for a lump-sum settlement at maturity or any other time, a statement that upon surrender of the contract at or before the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash surrender benefit or an amount specified in sections 9, 10, 12 and 14 of this act, and that the company reserves the right to defer the payment of such cash surrender benefit for a period of 6 months after demand therefor with surrender of the contract.
3. A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits which are guaranteed under the contract, together with sufficient information to determine the amounts of those benefits.
4. A statement that any paid-up annuity, cash surrender or death benefits which may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract or any prior withdrawals from or partial surrenders of the contract,
except that any deferred annuity contract may provide that if no considerations have been received under a contract for a period of 2 full years, and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid before that period would be less than $20 monthly, the company may terminate the contract by payment in cash of the then-present value of such portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under the contract.
Sec. 8. The minimum values, specified in sections 9 to 12, inclusive, and 14 of this act, of any paid-up annuity, cash surrender or death benefits available under an annuity contract shall be based upon minimum nonforfeiture amounts as defined in this section.
1. With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount for any time at or before the commencement of any annuity payments is equal to an accumulation up to such time at a rate of interest of 3 percent per annum of percentages of the net considerations paid before such time, decreased by the sum of:
κ1977 Statutes of Nevada, Page 689 (CHAPTER 376, AB 638)κ
time at a rate of interest of 3 percent per annum of percentages of the net considerations paid before such time, decreased by the sum of:
(a) Any prior withdrawals from or partial surrenders of the contract, accumulated at a rate of interest of 3 percent per annum; and
(b) The amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract.
The net considerations for a given contract year used to define the minimum nonforfeiture amount shall be an amount not less than zero and shall be equal to the corresponding gross considerations credited to the contract during that contract year less an annual contract charge of $30 and a collection charge of $1.25 per consideration credited to the contract during that contract year. The percentages of net considerations shall be 65 percent of the net consideration for the first contract year and 87.5 percent of the net considerations for the second and later contract years, except that the percentage shall be 65 percent of the portion of the total net consideration for any renewal contract year which exceeds by not more than 2 times the sum of those portions of the net considerations in all prior contract years for which the percentage was 65 percent.
2. With respect to contracts providing for fixed scheduled considerations, minimum nonforfeiture amounts shall be calculated on the assumption that considerations are paid annually in advance and shall be defined as for contracts with flexible considerations which are paid annually, with the following exceptions:
(a) The portion of the net consideration for the first contract year to be accumulated shall be the sum of 65 percent of the net consideration for the first contract year plus 22.5 percent of the excess of the net consideration for the first contract year over the lesser of the net considerations for the second and third contract years.
(b) The annual contract charge shall be the lesser of:
(1) Thirty dollars; or
(2) Ten percent of the gross annual consideration.
3. With respect to contracts providing for a single consideration, minimum nonforfeiture amounts shall be defined as for contracts with flexible considerations except that the percentage of net consideration used to determine the minimum nonforfeiture amount shall be equal to 90 percent and the net consideration shall be the gross consideration less a contract charge of $75.
Sec. 9. Any paid-up annuity benefit available under a contract shall be such that its present value on the date when the annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. Such present value shall be computed by using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract.
Sec. 10. For contracts which provide cash surrender benefits, such benefits available before maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit which would be provided under the contract at maturity arising from considerations paid before the time of cash surrender, reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, such present value being calculated on the basis of an interest rate of not more than 1 percent higher than the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract.
κ1977 Statutes of Nevada, Page 690 (CHAPTER 376, AB 638)κ
maturity arising from considerations paid before the time of cash surrender, reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, such present value being calculated on the basis of an interest rate of not more than 1 percent higher than the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract. Any cash surrender benefit shall not be less than the minimum nonforfeiture amount at that time. The death benefit under such contracts shall be at least equal to the cash surrender benefit.
Sec. 11. For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time before maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid before the time when the contract is surrendered in exchange for or changed to a deferred paid-up annuity, such present value being calculated for the period before the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, and increased by any existing additional amounts credited by the company to the contract. For contracts which do not provide any death benefits before the commencement of any annuity payments, the present values shall be calculated on the basis of such interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit. The present value of a paid-up annuity benefit shall not be less than the minimum nonforfeiture amount at that time.
Sec. 12. For the purpose of determining the benefits calculated under sections 10 and 11, of this act, in the case of annuity contracts under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be deemed to be the latest date for which election is permitted by the contract, but shall not be deemed to be later than the anniversary of the contract next following the annuitants 70th birthday or the 10th anniversary of the contract, whichever is later.
Sec. 13. Any contract which does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount before the commencement of any annuity payments shall include a statement in the prominent place in the contract that such benefits are not provided.
Sec. 14. Any paid-up annuity, cash surrender or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations beyond the beginning of the contract year in which cessation of payment of considerations under the contract occurs.
Sec. 15. For any contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits which are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract.
κ1977 Statutes of Nevada, Page 691 (CHAPTER 376, AB 638)κ
life insurance benefits which are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract. Any additional benefits payable:
1. In the event of total and permanent disability;
2. As reversionary annuity or deferred reversionary annuity benefits; or
3. As other policy benefits additional to life insurance, endowment and annuity benefits,
and considerations for all such additional benefits shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender and death benefits which may be required by sections 6 to 16, inclusive, of this act. The inclusion of such additional benefits shall not be required in any paid-up benefits, unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender and death benefits.
Sec. 16. On or after July 1, 1977, any company may file with the commissioner a written notice of its election to comply with the provisions of sections 6 to 16, inclusive, of this act, after a specified date before July 1, 1979. After the filing of the notice, upon that specified date, which shall be the operative date of sections 6 to 16, inclusive, of this act for that company, sections 6 to 16, inclusive, of this act shall become operative with respect to annuity contracts thereafter issued by the company. If a company makes no such election, the operative date of sections 6 to 16, inclusive, of this act for that company is July 1, 1979.
Sec. 17. NRS 688A.330 is hereby amended to read as follows:
688A.330 1. In the case of industrial policies issued on or after the operative date of this section, as provided in subsection 2, all adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, shall be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but such rate of interest shall not exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, and before July 1, 1977, and a rate of interest not exceeding 5.5 percent per annum may be used for policies issued on or after July 1, 1977, other than single premium whole life or endowment insurance policies, and for the latter policies a rate of interest not exceeding 6.5 percent per annum may be used, except that:
(a) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1961 Industrial Extended Term Insurance Table.
(b) For insurance issued on a substandard basis, the calculations of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
κ1977 Statutes of Nevada, Page 692 (CHAPTER 376, AB 638)κ
2. After July 1, 1963, any insurer may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1968. After the filing of such notice, upon such specified date, this section shall become operative with respect to the industrial policies thereafter issued by such insurer. If an insurer makes no such election, the operative date of this section for such insurer shall be January 1, 1968.
Sec. 18. NRS 688A.340 is hereby amended to read as follows:
688A.340 1. In the case of ordinary policies issued on or after the operative date of this section, all adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, shall be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but such rate of interest shall not exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, and prior to July 1, 1977, and a rate of interest not exceeding 5.5 percent per annum may be used for policies issued on or after July 1, 1977, other than single premium whole life or endowment insurance policies, and for the latter policies a rate of interest not exceeding 6.5 percent per annum may be used, except that:
(a) For any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than [3] 6 years younger than the actual age of the insured;
(b) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1958 Extended Term Insurance Table.
(c) The calculation of adjusted premiums and present values for insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
2. Any insurer may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1966. After the filing of such notice, this section shall become operative upon such specified date with respect to the ordinary policies thereafter issued by such insurer.
3. If an insurer makes no such election, the operative date of this section for such insurer shall be January 1, 1966.
________
κ1977 Statutes of Nevada, Page 693κ
Senate Bill No. 366Committee on Commerce and Labor
CHAPTER 377
AN ACT relating to insurance; providing for examinations for certain fraternal benefit insurance agents; changing expiration dates of licenses; removing element of willfulness from certain offenses; increasing penalties for violations; revising general provisions on examinations of insurers; and providing other matters properly relating thereto.
[Approved May 6, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 679B.270 is hereby amended to read as follows:
679B.270 1. Upon completion of an examination, the examiner [in charge] designated by the commissioner shall make a true report thereof which shall comprise only facts appearing upon the books, records or other documents of the person examined, or as ascertained from the sworn testimony of its officers or agents or other individuals examined concerning its affairs, and such conclusions and recommendations as may reasonably be warranted from such facts. The report of examination shall be verified by the oath of the examiner [in charge thereof.] making the report.
2. Such a report of examination of an insurer so verified shall be prima facie evidence in any action or proceeding for the receivership, conservation or liquidation of the insurer brought in the name of the state against the insurer, its officers or agents upon the facts stated therein.
Sec. 2. NRS 695A.330 is hereby amended to read as follows:
695A.330 The term insurance agent as used in NRS 695A.330 to 695A.390, inclusive, means any authorized or acknowledged agent of a society who acts as such in the solicitation, negotiation or procurement or making of a life insurance, accident and health insurance or annuity contract. [, except that the] The term insurance agent [shall] does not include:
1. Any regular salaried officer or employee of a licensed society who devotes substantially all of his services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained; or
2. [Any agent or representative of a society who devotes, or intends to devote, less than 50 percent of his time to the solicitation and procurement of insurance contracts for such society. Any person who in the preceding calendar year has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of $50,000, or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than 25 individuals, and who has received or will receive a commission or other compensation therefor, shall be presumed to be devoting, or intending to devote, 50 percent of his time to the solicitation or procurement of insurance contracts for such society.] Any member of the society who does not write insurance contracts, and whose solicitation or negotiation is incidental to securing new members for his society, and whose only remuneration consists of prizes in the form of merchandise or payments of a nominal amount of money.
κ1977 Statutes of Nevada, Page 694 (CHAPTER 377, SB 366)κ
Sec. 3. NRS 695A.340 is hereby amended to read as follows:
695A.340 1. Any person who [in this state] acts as insurance agent for a society without [having authority so to do by virtue of] a license issued [and in force] pursuant to [the provisions of NRS 695A.330 to 695A.390, inclusive, is, except as provided in NRS 695A.330,] this chapter, is guilty of a misdemeanor.
2. An insurance agent for a society is subject to those provisions of chapters 683A and 686A of NRS and any regulations adopted by the commissioner which apply to health and life insurance agents.
Sec. 4. NRS 695A.360 is hereby amended to read as follows:
695A.360 1. The commissioner may issue a license to any person who has paid an annual license fee of $5 and who has complied with the requirements of this chapter authorizing [such] the licensee to act as an insurance agent on behalf of any society named in [such] the license, which society is authorized to do business in this state.
2. Before any insurance agents license shall be issued there shall be on file in the office of the commissioner the following documents:
(a) A written application by the prospective licensee in such form or forms and supplements thereto, and containing such information, as the commissioner may prescribe.
(b) A certificate by the society which is to be named in [such] the license, stating that [such] the society has satisfied itself that the named applicant is trustworthy and competent to act as [such] an insurance agent and that the society will appoint [such] the applicant to act as its agent if the license applied for is issued by the commissioner. [Such certificates] Certificates shall be executed and acknowledged by an officer or managing agent of [such] the society.
3. [No written or other examination shall be required of any individual seeking to be named as a licensee to represent a fraternal benefit society as its agent.] Except as provided in subsection 4, an applicant for an insurance agents license shall take the same examination required for health and life insurance agents pursuant to NRS 683A.170.
4. No written or other examination shall be required of:
(a) A person who held a license as an insurance agent on July 1, 1977, for renewals of his license; and
(b) An insurance agent of a society who, in any calendar year, solicits and procures insurance contracts on behalf of any society which total less than $250,000 insurance in force, or writes contracts on not more than 25 persons at no more than $10,000 per contract.
5. An insurance agent who is exempt from examination under paragraph (b) of subsection 4 and who exceeds a limit set in that paragraph shall make application to the commissioner within 90 days for examination, and the society shall terminate the appointment of the insurance agent within 90 days and until a new insurance agents license has been issued after examination.
Sec. 5. NRS 695A.370 is hereby amended to read as follows:
695A.370 1. The commissioner may refuse to issue or renew any insurance agents license if in his judgment the proposed licensee is not trustworthy and competent to act as [such] an agent, [or] has given cause for revocation or suspension of [such] the license, or has failed to comply with any prerequisite for the issuance or renewal, as the case may be, of [such] a license.
κ1977 Statutes of Nevada, Page 695 (CHAPTER 377, SB 366)κ
comply with any prerequisite for the issuance or renewal, as the case may be, of [such] a license.
2. Every license issued pursuant to NRS 695A.330 to 695A.390, inclusive, and every renewal thereof, shall expire on [June 30] April 30 of the calendar year following the calendar year in which [such license or renewal license] it was issued.
3. If the application for a renewal license has been filed with the commissioner on or before [June 30] April 30 of the year in which the existing license is to expire, [such] the applicant named in [such] the existing license may continue to act as insurance agent under [such] the existing license, unless [such] the license is revoked or suspended, until the issuance by the commissioner of the renewal license or until the expiration of 5 days after he has refused to renew [such] the license and has served written notice of [such] refusal on the applicant. If the applicant, within 30 days after [such] notice is given, notifies the commissioner in writing of his request for a hearing on [such] the refusal, the commissioner shall, within a reasonable time after receipt of [such] notice, grant [such] a hearing, and he may, in his discretion, reinstate [such] the license.
4. Any [such] renewal license of an insurance agent may be issued upon the application of the society named in the existing license. Such application shall be in the form or forms prescribed by the commissioner and shall contain such information as he may require. [Such] The application shall contain a certificate executed by the president, or by a vice president, a secretary, an assistant secretary, or corresponding officer by whatever name known, or by an employee expressly designated and authorized to execute [such] the certificate of a domestic or foreign society or by the United States manager of an alien society, stating that the addresses therein given of the agents of [such] the society for whom renewal licenses are requested therein have been verified in each instance immediately preceding the preparation of the application. Notwithstanding the filing of such application, the commissioner may, after reasonable notice to any [such] society, require that any or all agents of [such] that society to be named as licensees in renewal licenses execute and file separate applications for the renewal of [such] licenses and he may also require that each [such] application be accompanied by the certificate specified in paragraph (b) of subsection 2 of NRS 695A.360.
Sec. 6. NRS 695A.580 is hereby amended to read as follows:
695A.580 1. Any person who [willfully] makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society is guilty of a gross misdemeanor.
2. Any person who [willfully] makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.
3. Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state [shall be punished by a] is subject to an administrative fine, imposed by the commissioner, of not less than $25 nor more than [$200.]
κ1977 Statutes of Nevada, Page 696 (CHAPTER 377, SB 366)κ
imposed by the commissioner, of not less than $25 nor more than [$200.] $500 for each violation. In addition if the person is an insurance agent of the society, the commissioner may suspend, revoke, limit or refuse to continue his license in the manner provided in NRS 683.450.
4. Any person convicted of a willful violation of, or neglect or refusal to comply with, any provision of this chapter for which a penalty is not otherwise prescribed shall be punished by a fine of not more than [$200.] $1,000 for each violation, and not more than $10,000 for all related violations.
________
Assembly Bill No. 738Committee on Ways and Means
CHAPTER 378
AN ACT concerning the University of Nevada System; authorizing the acquisition of certain specified facilities at various campuses within such system, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor, and other details in connection therefor; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the university, such facilities, such securities, such revenues for their payment, securities proceeds and other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the University Securities Law; and providing other matters properly relating thereto.
[Approved May 6, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the University Securities Law; but the following terms whenever used or referred to in this act and in the University Securities Law in its connection with this act, unless the context otherwise requires, have the meaning ascribed to them in sections 2 to 5, inclusive, of this act.
Sec. 2. Net pledged revenues means all the pledged revenues, as defined in section 3 of this act, without any deduction of any operation and maintenance expenses except as provided in such definition of pledged revenues.
Sec. 3. 1. Pledged revenues means the student fees, as defined in section 5 of this act, and authorized by law after the effective date of this act, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operation of income-producing facilities of the university or the board or from other available sources and to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended.
2. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualifications.
κ1977 Statutes of Nevada, Page 697 (CHAPTER 378, AB 738)κ
necessarily indicate all or any portion or other part of such revenues in the absence of further qualifications.
Sec. 4. 1. Project means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on various campuses of the University of Nevada System, as delineated and described in subsection 2, equipment and furnishings therefor, and other appurtenances relating thereto.
2. The project consists of the following subprojects:
(a) Western Nevada Community College, Phase III, Reno, subproject No. 7725.
(b) Addition to Dickinson library, University of Nevada, Las Vegas, subproject No. 7726.
(c) College of business administration building, University of Nevada, Reno, subproject No. 7732.
Sec. 5. 1. Student fees, in connection with any subproject and securities pertaining thereto, means the gross fees from students attending the campus to which the subproject relates, as designated in subsection 2, and if hereafter authorized by law, all additional student fees, if any, to which the pledge and lien provided for the payment of the securities authorized in this act are extended.
2. The student fees are commonly designated, in connection with securities pertaining to:
(a) The Western Nevada Community College, Phase III, Reno, subproject, as the Western Nevada Community College capital improvement fee and being payable by students attending the Western Nevada Community College;
(b) The University of Nevada, Las Vegas, subproject as the University of Nevada, Las Vegas student center building fee, and the University of Nevada, Las Vegas capital improvement fee, each such fee being payable by students attending the University of Nevada, Las Vegas;
(c) The University of Nevada, Reno subproject, as the University of Nevada, Reno, capital improvement fee and being payable by students attending the University of Nevada, Reno.
Sec. 6. 1. The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the Western Nevada Community College, Phase III, Reno subproject by an expenditure of not exceeding $6,903,000; and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount not exceeding $2,200,000;
(b) To finance the University of Nevada, Las Vegas, subproject by an expenditure of not to exceed $6,927,000; and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount not exceeding $5,100,000;
(c) To finance the University of Nevada, Reno, subproject by an expenditure of not exceeding $5,892,000, and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount not exceeding $4,000,000;
(d) To issue such bonds and other securities in connection with each such subproject in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the student fees pertaining to the subproject and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraphs (a) to (c), inclusive;
κ1977 Statutes of Nevada, Page 698 (CHAPTER 378, AB 738)κ
such subproject in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the student fees pertaining to the subproject and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraphs (a) to (c), inclusive;
(e) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including without limitation, proceeds of securities authorized by this act; and
(f) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.
2. This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 7. 1. All phases of the planning, design, construction and equipment of the project as defined in section 4 of this act and herein referred to, including without limitation, each of such four subprojects, is subject to supervision by the state public works board in accordance with the provisions of chapter 341 of NRS.
2. The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the respective facilities resulting from each such subproject and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such facilities.
3. All work authorized by this act shall be approved by the state public works board, and each contract document pertaining to each subproject shall be approved by the attorney general.
4. The state public works board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for separate sealed bids for each subproject. Approved plans and specifications for each subproject shall be on file at places and times stated in such advertisements for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids either on the whole or on part or parts of such acquisition, and may let separate contracts for different and separate portions of each subproject, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest bidder thereon, but any and all bids may be rejected for any good reason.
Sec. 8. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act do not affect, the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.
Sec. 9. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
κ1977 Statutes of Nevada, Page 699 (CHAPTER 378, AB 738)κ
health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 10. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 735Committee on Ways and Means
CHAPTER 379
AN ACT relating to public schools; establishing the amounts and criteria to be used in apportioning the state distributive school fund for the biennium 1977-1979; revising certain permanent provisions for such apportionment; and providing other matters properly relating thereto.
[Approved May 6, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 387.122 is hereby amended to read as follows:
387.122 1. For making the apportionments of the state distributive school fund [authorized and directed to be made under] required to be made pursuant to the provisions of Title 34 of NRS, the basic support guarantee [for the school year commencing July 1, 1975, and ending June 30, 1976, and for the school year commencing July 1, 1976, and ending June 30, 1977, is established for each of the several school districts in the state as follows:
1. Basic support guarantee per pupil:
197576 197677
Carson City School District.................................................. $869 $907
Churchill County School District......................................... 850 891
Clark County School District................................................ 857 896
Douglas County School District.......................................... 849 889
Elko County School District................................................. 903 946
Esmeralda County School District....................................... 1,678 1,770
Eureka County School District............................................. 1,405 1,479
Humboldt County School District....................................... 940 984
Lander County School District............................................ 912 955
Lincoln County School District........................................... 1,293 1,350
Lyon County School District............................................... 884 926
Mineral County School District........................................... 862 903
Nye County School District................................................. 1,121 1,174
Pershing County School District......................................... 889 932
Storey County School District............................................. 1,361 1,426
Washoe County School District.......................................... 836 874
White Pine County School District..................................... 916 958
κ1977 Statutes of Nevada, Page 700 (CHAPTER 379, AB 735)κ
2. Basic support guarantee per special education program unit is $16,000] per pupil for each school district and the basic support guarantee for each special education program unit maintained and operated during at least 9 months of a school year [,] are established by law for each school year, contingent upon the following limitations:
(a) As used in this [subsection,] section, special education program unit means an organized instructional unit which includes full-time services of certificated personnel providing a program of instruction in accordance with minimum standards prescribed by the state board of education.
(b) Support guarantee for any special education program unit maintained and operated during a period of less than 9 school months shall be in the same proportion to [$16,000] the amount established by law for that school year as the period during which such program unit actually was maintained and operated is to 9 school months.
[(c) The maximum amount of basic support for special education program units within each of the several school districts in the state before any reallocation, is as follows:
197576 197677
Carson City School District.......................................... $320,000.......................................................................................... $336,000
Churchill County School District................................. 160,000.......................................................................................... 176,000
Clark County School District........................................ 4,624,000.......................................................................................... 5,040,000
Douglas County School District.................................. 144,000.......................................................................................... 160,000
Elko County School District......................................... 240,000.......................................................................................... 272,000
Esmeralda County School District............................... 16,000.......................................................................................... 16,000
Eureka County School District..................................... 32,000.......................................................................................... 32,000
Humboldt County School District............................... 112,000.......................................................................................... 128,000
Lander County School District.................................... 48,000.......................................................................................... 64,000
Lincoln County School District................................... 64,000.......................................................................................... 80,000
Lyon County School District....................................... 160,000.......................................................................................... 160,000
Mineral County School District................................... 96,000.......................................................................................... 96,000
Nye County School District......................................... 112,000.......................................................................................... 112,000
Pershing County School District................................. 48,000.......................................................................................... 48,000
Storey County School District..................................... 16,000.......................................................................................... 16,000
Washoe County School District.................................. 1,760,000.......................................................................................... 1,920,000
White Pine County School District............................. 144,000.......................................................................................... 144,000
A school district may, after receiving the approval of the state department of education, contract with any person, state agency or legal entity to provide a special education program unit for handicapped pupils of the district.]
2. Any unused [special education program unit allocations within this paragraph] allocations for special education program units may be reallocated to other county school districts by the state department of education. In such reallocation, first priority shall be given to special education programs with statewide implications, and second priority shall be given to special education programs maintained and operated by school districts whose allocation is [$48,000 or less.] less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover [first priorities and second priorities,] programs of first and second priority but not enough to cover all remaining special education programs eligible for payment for reallocations, then payment for such remaining programs shall be prorated.
κ1977 Statutes of Nevada, Page 701 (CHAPTER 379, AB 735)κ
programs shall be prorated. If there are more unused allocations than necessary to cover [first priorities,] programs of first priority, but not enough to cover all programs of second priority, then payment for programs of second priority shall be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority shall be prorated.
3. A school district may, after receiving the approval of the state department of education, contract with any person, state agency or legal entity to provide a special education program unit for handicapped pupils of the district.
Sec. 2. NRS 387.124 is hereby amended to read as follows:
387.124 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts in [the following manner:
(a) Basic support of each school district shall be computed by:
(1) Multiplying the basic support guarantee per pupil established in NRS 387.122 by the sum of:
(I) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(II) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(III) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.
(IV) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the first school month of the school year.
(V) One-fourth the average daily attendance — highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
(2) Multiplying the number of special education program units maintained and operated by the amount per program established in NRS 387.122.
(3) Adding the amounts computed in subparagraphs (1) and (2) of this paragraph.
(b) The availability of local funds shall be determined, which local funds shall be the sum of:
(1) The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the department of taxation for the concurrent school year; and
(2) The proceeds of the local school support tax imposed by chapter 374 of NRS. The department of taxation shall furnish an estimate of such proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.
κ1977 Statutes of Nevada, Page 702 (CHAPTER 379, AB 735)κ
apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.
(c)] amounts approximating one-fourth of their respective yearly apportionments. Apportionment computed on a yearly basis [shall consist of] equals the difference between the basic support [as computed in paragraph (a) of this subsection] and the local funds available [as computed in paragraph (b) of this subsection, but no apportionment shall be less than] or 10 percent of basic support [.
(d) Apportionment shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils and special education program units and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual counts of pupils and programs specified to be made for that school year pursuant to paragraph (a) of this subsection, and within limits specified in NRS 387.122, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least a 3 percent gain, then basic support as computed from first month enrollment will be increased 2 percent; furthermore, if such increase in enrollment shows at least a 6 percent gain, then basic support as computed from first month enrollment will be increased an additional 2 percent. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.
(e) For any year when the average daily attendance — highest 3 months of a school district in any category is less than the average daily attendance — highest 3 months in such category during the prior year, and such lesser average daily attendance — highest 3 months was not anticipated at the time estimates were made by the superintendent of the county school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the count of pupils enrolled on the last day of the first school month of the prior year in the category so affected for the count of pupils enrolled on the last day of the first school month of the current year in the category so affected.
κ1977 Statutes of Nevada, Page 703 (CHAPTER 379, AB 735)κ
so affected. As a condition precedent to such authorization, the superintendent of the county school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request. As used in this paragraph, category means any one of the groups of persons separately described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123.
(f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
(1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.
(2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
(3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.
(4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.
(5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.
(6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted.
κ1977 Statutes of Nevada, Page 704 (CHAPTER 379, AB 735)κ
granted. The board may defer, and subsequently grant or deny, any part of a request.
(7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.
(8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as short-term financing is explained.
(9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.] , whichever is greater.
Sec. 3. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.
Sec. 4. 1. Except as otherwise provided in subsection 2, basic support of each school district shall be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.
(4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the first school month of the school year.
(5) One-fourth the average daily attendance — highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum shall be used in computing basic support.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
κ1977 Statutes of Nevada, Page 705 (CHAPTER 379, AB 735)κ
completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 5. Local funds available are the sum of:
1. The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the department of taxation for the concurrent school year; and
2. The proceeds of the local school support tax imposed by chapter 374 of NRS. The department of taxation shall furnish an estimate of such proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.
Sec. 6. 1. The first quarterly apportionment based on an estimated number of pupils and special education program units and succeeding quarterly apportionments are subject to adjustment from time to time as the need therefor may appear.
2. A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least:
(a) A 3 percent gain, basic support as computed from first month enrollment shall be increased by 2 percent.
(b) A 6 percent gain, basic supported as computed from first month enrollment shall be increased by an additional 2 percent.
3. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.
Sec. 7. The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS are less than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefor provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
1. The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.
κ1977 Statutes of Nevada, Page 706 (CHAPTER 379, AB 735)κ
2. Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
3. Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from that fund during the biennium, and shall make no distribution in excess of that difference.
4. The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.
5. If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then current estimate of the total requirements to be paid from the state distributive school fund during the then current fiscal year.
6. The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.
7. The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.
8. Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as short-term financing is explained.
9. The state board of education shall transmit to the legislature a report of each grant of emergency assistance paid pursuant to this section.
Sec. 8. The basic support guarantee per pupil for the respective school districts of the state for the fiscal years shown is:
197778 197879
Carson City School District................................................ $1,026 $1,119
Churchill County School District....................................... 1,025 1,120
Clark County School District.............................................. 1,022 1,116
Douglas County School District........................................ 1,020 1,115 Elko County School District $1,105........................................................................ $1,207
κ1977 Statutes of Nevada, Page 707 (CHAPTER 379, AB 735)κ
Elko County School District............................................... $1,105 $1,207
Esmeralda County School District..................................... 1,954 2,138
Eureka County School District........................................... 1,763 1,928
Humboldt County School District..................................... 1,152 1,258
Lander County School District.......................................... 1,087 1,188
Lincoln County School District......................................... 1,461 1,592
Lyon County School District............................................. 1,087 1,188
Mineral County School District......................................... 1,044 1,141
Nye County School District............................................... 1,378 1,506
Pershing County School District....................................... 1,039 1,135
Storey County School District........................................... 1,654 1,807
Washoe County School District........................................ 1,007 1,101
White Pine County School District................................... 1,141 1,245
Sec. 9. 1. The basic support guarantee for each special education program unit maintained and operated for at least 9 months of a school year is $17,600 except as limited by NRS 387.122 and subsection 2 of this section.
2. The maximum number and amount of basic support for special education program units within each of the several school districts in the state before any reallocation, pursuant to NRS 387.122 are:
κ1977 Statutes of Nevada, Page 708 (CHAPTER 379, AB 735)κ
|
|
Units |
197778 Amount |
Units |
19781979 Amount |
|
Carson City School District......................................................................... |
23 |
$404,800 |
24 |
$422,400 |
|
Churchill County School District............................................................... |
11 |
193,600 |
12 |
211,200 |
|
Clark County School District...................................................................... |
348 |
6,124,800 |
366 |
6,441,600 |
|
Douglas County School District................................................................ |
11 |
193,600 |
12 |
211,200 |
|
Elko County School District........................................................................ |
17 |
299,200 |
18 |
316,800 |
|
Esmeralda County School District............................................................. |
1 |
17,600 |
1 |
17,600 |
|
Eureka County School District................................................................... |
2 |
35,200 |
2 |
35,200 |
|
Humboldt County School District.............................................................. |
8 |
140,800 |
9 |
158,400 |
|
Lander County School District................................................................... |
4 |
70,400 |
4 |
70,400 |
|
Lincoln County School District.................................................................. |
5 |
88,000 |
5 |
88,000 |
|
Lyon County School District...................................................................... |
11 |
193,600 |
11 |
193,600 |
|
Mineral County School District.................................................................. |
6 |
105,600 |
6 |
105,600 |
|
Nye County School District........................................................................ |
8 |
140,800 |
8 |
140,800 |
|
Pershing County School District................................................................ |
3 |
52,800 |
3 |
52,800 |
|
Storey County School District.................................................................... |
1 |
17,600 |
1 |
17,600 |
|
Washoe County School District................................................................ |
132 |
2,323,200 |
138 |
2,428,800 |
|
White Pine County School District............................................................ |
9 |
158,400 |
10 |
176,000 |
|
|
___ |
___________ |
___ |
__________ |
|
Total................................................................................................................ |
600 |
$10,560,000 |
630 |
$11,088,000 |
κ1977 Statutes of Nevada, Page 709 (CHAPTER 379, AB 735)κ
3. A school district whose allocation is $52,800 or less is entitled to at least a second priority in any allocation.
Sec. 10. 1. There is hereby appropriated from the state general fund to the state distributive school fund for the fiscal year beginning July 1, 1977, and ending June 30, 1978, the sum of $73,449,500.
2. There is hereby appropriated from the state general fund to the state distributive school fund for the fiscal year beginning July 1, 1978, and ending June 30, 1979, the sum of $81,164,950.
3. The money appropriated by subsections 1 and 2 shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and
(b) Work-programmed for the 2 separate fiscal years, 197778 and 197879, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
4. Transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
5. Notwithstanding any other provisions of this act, the money appropriated by subsections 1 and 2 is available for both fiscal years, 197778 and 197879, and may be transferred from one fiscal year to the other with the aproval of the governor upon the recommendation of the chief of the budget division of the department of administration.
6. After June 30, 1978, any unexpended balance of the appropriation made by subsection 1 for the fiscal year 197778 shall be transferred to and added to the money appropriated by subsection 2 and may be expended during fiscal year 197879, subject to the provisions of subsection 3.
7. After June 30, 1979, any unexpended balance of the appropriation made by subsection 2 for the fiscal year 197879 together with any money transferred pursuant to subsection 6 shall not be encumbered and shall revert to the state general fund.
Sec. 11. 1. Expenditure of $11,131,000 by the state department of education from the state distributive school fund from money not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1977, and ending June 30, 1978.
2. Expenditure of $11,919,000 by the state department of education from the state distributive school fund from money not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1978, and ending June 30, 1979.
3. The following sums are hereby authorized for expenditure from the revenue sharing trust fund in the state treasury for the fiscal years beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979:
197778 197879
State distributive school fund........................................ $5,449,000 $5,529,000
4. For accounting and reporting purposes the sums authorized for expenditure in subsections 1, 2 and 3 are considered to be expended prior to any general fund appropriation made to the distributive school fund.
κ1977 Statutes of Nevada, Page 710 (CHAPTER 379, AB 735)κ
5. The money authorized to be expended by the provisions of subsections 1, 2 and 3 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
6. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the state department of education, in subsections 1, 2 and 3, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1, 2 and 3.
Sec. 12. The interim finance committee, after recommendation by the state board of examiners, may direct the state board of education to make additional distributions from the state distributive school fund to county school districts during the fiscal year 197879. Such additional distributions, if any, shall not exceed $3,988,600 or $28 times the total enrollment in the public schools of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 on the last day of the first school month of the 197879 school year, whichever is less. Subject to this limitation, such additional distributions may be made under any one or any combination of the conditions set forth in the following subsections, which apply solely to the local funds available to the school districts:
1. If the total dollar amount accrued to the credit of county school districts pursuant to the Local School Support Tax Law during the period from April 1, 1977, to December 31, 1977, inclusive, exceeds 113.5 percent of the total dollar amount accrued to the credit of county school districts pursuant to the Local School Support Tax Law during the period from April 1, 1976, to December 31, 1976, inclusive, additional distributions may be directed to be made within only one of the following limitations:
(a) If such 1977 taxes are at least 113.5 percent but less than 114 percent of such 1976 taxes, additional distributions may be as much as $8.10 per pupil, but not more than $1,153,845.
(b) If such 1977 taxes are at least 114 percent but less than 114.5 percent of such 1976 taxes, additional distributions may be as much as $10.90 per pupil, but not more than $1,552,705.
(c) If such 1977 taxes are at least 114.5 percent but less than 115 percent of such 1976 taxes, additional distributions may be as much as $13.60 per pupil, but not more than $1,937,320.
(d) If such 1977 taxes are at least 115 percent but less than 115.5 percent of such 1976 taxes, additional distributions may be as much as $16.40 per pupil, but not more than $2,336,180.
κ1977 Statutes of Nevada, Page 711 (CHAPTER 379, AB 735)κ
(e) If such 1977 taxes are at least 115.5 percent but less than 116 percent of such 1976 taxes, additional distributions may be as much as $19.20 per pupil, but not more than $2,735,040.
(f) If such 1977 taxes are at least 116 percent but less than 116.5 percent of such 1976 taxes, additional distributions may be as much as $22 per pupil, but not more than $3,133,900.
(g) If such 1977 taxes are at least 116.5 percent but less than 117 percent of such 1976 taxes, additional distributions may be as much as $24.75 per pupil, but not more than $3,525,638.
(h) If such 1977 taxes are at least 117 percent of such 1976 taxes, additional distributions may be as much as $28 per pupil, but not more than $3,988,600.
2. If the total assessed valuation of property established as the basis for property taxation to be levied and collected for 197879 is at least 112 percent of the assessed valuation of property established as basis for property taxation to be levied and collected for 197778, additional distributions may be as much as $3.88 per pupil, but not more than $552,706.
Before directing the additional distributions authorized by this section, the interim finance committee shall determine that there is sufficient money in the state distributive school fund to permit such additional allocations. In making this determination, the committee shall review 197778 enrollment data, 197879 estimated enrollments, property assessment data for the 197778 tax year, and the anticipated level of receipts in the state distributive school fund from revenue sharing and the slot machine tax credit.
Sec. 13. 1. Any additional distributions made pursuant to section 12 of this act shall be apportioned on a per-pupil basis in the same proportions per pupil as exist among the basic support guarantees per pupil expressed in section 8 of this act for 197879.
2. Any money received by a school district pursuant to section 12 of this act shall be deposited and used in accordance with the provisions of NRS 387.205.
________
Assembly Bill No. 654Assemblymen Westall, Kosinski and Mello
CHAPTER 380
AN ACT to amend an act entitled An Act incorporating the City of Sparks, in Washoe County, Nevada, under a new charter; defining the boundaries thereof; and providing other matters properly relating thereto, approved May 16, 1975, as amended.
[Approved May 6, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.060 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, as amended by chapter 98, Statutes of Nevada 1977, is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 712 (CHAPTER 380, AB 654)κ
Sec. 1.060 Elective officers: Qualifications; salaries; terms of office.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Five councilmen.
(c) A city clerk.
(d) A city attorney.
(e) A municipal judge.
2. All elective officers of the city, except the city attorney, shall be:
(a) Bona fide residents of the city for at least 30 days prior to the last day for filing a declaration of candidacy for such office.
(b) Residents of the city during their term of office.
(c) Qualified electors within the city.
3. No person [shall] may be elected or appointed to the office of councilman who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days prior to the last day for filing a declaration of candidacy for such office, or, in the case of appointment, 30 days prior to the day the office became vacant.
4. The city attorney shall be a qualified elector of the State of Nevada and a duly licensed member of the State Bar of Nevada.
5. All elective officers shall:
(a) [Reside within the city during their terms of office;
(b)] Be voted upon at a general municipal election by the registered voters of the city at large; and
[(c)] (b) Serve for terms of 4 years.
6. Each elective officer [, except the mayor and councilmen,] shall receive a salary in an amount fixed by the city council. At any time prior to January 1 of the year in which a general municipal election is held, the city council [may] shall enact an ordinance fixing the salary for each elective office for the 4-year term beginning on the 1st Monday in July following that election. Such ordinance may not be amended to increase or decrease the salary for any office during the term. If the city council fails to enact such an ordinance prior to January 1 of the election year, the succeeding elective officers shall receive the same salaries as their respective predecessors.
Sec. 2. Section 1.070 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 725, is hereby amended to read as follows:
Sec. 1.070 Elective offices; vacancies.
1. A vacancy in the city council, office of the city clerk, city attorney or municipal judge shall be filled by appointment of the mayor, subject to confirmation by the city council, or by the remaining members of the city council in case of vacancy in such council, within 30 days after the occurrence of such vacancy. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy occurred, the city council shall present to the mayor the names of two qualified persons to fill the vacancy. [in the council.] The mayor shall within 15 days after such presentation select one of the two qualified persons [as councilman.]
κ1977 Statutes of Nevada, Page 713 (CHAPTER 380, AB 654)κ
mayor shall within 15 days after such presentation select one of the two qualified persons [as councilman.] to fill the vacancy. The appointee shall have the same qualifications required of the elected official.
2. A vacancy in the office of the mayor shall be filled by the mayor pro tempore. The resulting vacancy in the city council shall be filled as provided in subsection 1.
3. The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve the balance of the term of office to which he is appointed and until his successor is duly elected and qualified.
Sec. 3. Section 1.090 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 726, is hereby amended to read as follows:
Sec. 1.090 Appointive officers: Miscellaneous provisions.
1. All appointive officers shall perform such duties as may be directed by the city manager and such other duties as may be designated by ordinance.
2. The city council may require from all officers and employees of the city constituted or appointed under this charter, sufficient security for the faithful and honest performance of their respective duties, and the cost of such bond shall be paid by the city.
3. A person appointed by the city manager to any office may be removed from office for cause by the city manager. The officer so removed [shall have] has the right to appeal to the mayor and city council and may demand written charges to be made and a hearing held before the city council. [prior to the date his final removal is to take place.] Any such demand shall be made within 10 days after the removal. The decision and action of the city council upon such hearing is final.
Sec. 4. Section 1.120 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 727, is hereby amended to read as follows:
Sec. 1.120 Personal financial interest prohibition.
1. Any city officer or employee who has a [substantial] financial interest, direct or indirect:
(a) By reason of ownership of stock in any corporation;
(b) In any contract with the city:
(c) In the sale of any land, material, supplies or services to the city; or
(d) With a contractor supplying the city;
shall make known that interest [and shall refrain from voting upon] before voting upon an issue relating to that interest or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract.
2. Any city officer or employee who willfully conceals such [a substantial] financial interest or willfully violates the requirements of this section is guilty of malfeasance in office or position and shall forfeit the office or position.
κ1977 Statutes of Nevada, Page 714 (CHAPTER 380, AB 654)κ
of this section is guilty of malfeasance in office or position and shall forfeit the office or position.
3. Any knowledge, express or implied, of the person or corporation contracting with or making a sale to the city in violation of this section shall make the contract or sale voidable by the city manager or the city council.
Sec. 5. Section 1.130 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 727, is hereby amended to read as follows:
Sec. 1.130 Certain activities prohibited.
1. A person shall not be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, religious creed, color, national origin, ancestry or political affiliations.
2. A person shall not willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud to prevent the impartial execution of such provisions, rules and regulations.
3. A person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall not directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.
4. A person shall not orally, in writing or otherwise solicit or assist in soliciting any assessment, subscription or contribution for [any political party or political purpose whatever] any elected officer of the city or candidate for any city office from any person holding any compensated appointive city position.
5. A person who holds any compensated appointive city position shall not make, solicit or receive any contribution of campaign funds [of any political party or any candidate for public office] for any elected officer of the city or candidate for any city office or take any part in the management, affairs or political campaign of any [political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote.] such candidate.
6. Any person who by himself or with others willfully violates any of the provisions of subsections 1 to 4, inclusive, is subject to the jurisdiction of the Justice Court of the Township of Sparks and is guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
7. Any person who by himself or with others willfully violates any of the provisions of subsection 5 is guilty of an offense punishable by a fine of not more than $100.
8. Any person who violates any of the provisions of this section shall be ineligible to hold any city office or position for a period of 5 years and if he is an officer or employee of the city, shall immediately forfeit his office or position.
κ1977 Statutes of Nevada, Page 715 (CHAPTER 380, AB 654)κ
years and if he is an officer or employee of the city, shall immediately forfeit his office or position.
Sec. 6. Section 2.020 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 728, is hereby amended to read as follows:
Sec. 2.020 City council: Discipline of members, other persons; subpena power.
1. The city council may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Subpena any witness to appear and testify and subpena any evidence in the possession of any person relating to any business before the city council.
2. Any subpena issued by the city council shall be signed by the city clerk, served in the same manner as a subpena issued by the district court, and shall contain a notice that failure to obey the subpena may subject the person subpenaed to prosecution for a misdemeanor or may result in his being in contempt of the district court.
3. If any person subpenaed to appear before the city council fails to obey such subpena:
(a) He may be prosecuted in the municipal court for a misdemeanor.
(b) The city council may apply to the district court and the district court may issue an order [to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.] requiring the person to comply with the subpena. If the person does not comply with the order of the district court, the court may, upon application by the city council, order the person to show cause why he should not be held in contempt of the court. After a hearing upon the matter, the court may adjudge the person guilty of contempt and punish him accordingly.
Sec. 7. Section 2.030 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 729, is hereby amended to read as follows:
Sec. 2.030 Meetings: Regular; special; quorum.
1. The city council shall hold regular meetings on the second and fourth Mondays of each month at a time and place convenient to the council and the public. If a second or fourth Monday of a month falls on a national holiday, or other holiday designated as such by the governor, the council may, at the meeting which immediately precedes the regular meeting, provide for another regular meeting time on a day as soon after the regular meeting day as is practicable.
2. Special meetings may be held on a call of the mayor or by a majority of the council. [Notice] Reasonable effort shall be made to give notice of a special meeting [shall be given] to each councilman, the mayor, city clerk and city attorney, and to any other person who has submitted a request for such notice to the city clerk, by personal service at least 24 hours prior to the time set for the meeting.
κ1977 Statutes of Nevada, Page 716 (CHAPTER 380, AB 654)κ
to give notice of a special meeting [shall be given] to each councilman, the mayor, city clerk and city attorney, and to any other person who has submitted a request for such notice to the city clerk, by personal service at least 24 hours prior to the time set for the meeting. If, after a reasonable effort, personal service [cannot be made] is not made because of absence of any official from his usual residence, notice shall be [served by mailing the notice by] given by telegram or certified mail at least 60 hours prior to the time set for the special meeting. The city council shall provide by ordinance for reasonable public notice of special meetings. Such notice is not required if the mayor has declared an emergency.
3. At a special meeting, unless consented to by the entire city council:
(a) No contract involving the expenditure of money may be made, or claim allowed, unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No ordinance may be passed except an emergency ordinance.
(c) No business may be transacted unless it was stated in the call of the meeting.
4. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
5. No meeting of the city council may be held for the purpose of conducting or discussing city business except as provided in this section.
6. Except as otherwise provided by law, all sessions and all proceedings of the city council shall be public.
Sec. 8. Section 2.080 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 730, is hereby amended to read as follows:
Sec. 2.080 Ordinances: Enactment procedure; emergency ordinances.
1. When first proposed, all bills shall be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed bill shall be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published at least 1 week prior to the adoption of the ordinance.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of a bill and its reference to committee, such committee shall report such bill back to the city council. Thereafter, it shall be read as first introduced, or as amended, and thereupon the bill shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the bill is of a kind specified in section 7.030, by not less than [two-thirds] four-fifths of all the [voting] members of the city council (excluding from any such computation any vacancy on the council), final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed bill with the city clerk need be published.
κ1977 Statutes of Nevada, Page 717 (CHAPTER 380, AB 654)κ
[voting] members of the city council (excluding from any such computation any vacancy on the council), final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed bill with the city clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published for at least one publication, before the ordinance shall become effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances together with the affidavits of publication by the publisher.
Sec. 9. Section 2.090 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 731, is hereby amended to read as follows:
Sec. 2.090 Powers of city council: General areas.
The city council may exercise any power specifically granted in this charter or by any of the provisions of Nevada Revised Statutes not in conflict with this charter, in order to:
1. License all businesses, trades and professions for purposes of regulation and revenue.
2. Enact and enforce police and fire ordinances.
3. [Provide for the protection of persons and property from fire.
4.] Regulate the construction and maintenance of any building or other structure within the city.
[5.] 4. Provide for safeguarding of public health in the city.
[6.] 5. Zone and plan the city, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.
[7.] 6. Acquire, control, lease, dedicate, sell and convey rights-of-way, parks and other real property.
[8.] 7. Regulate [automobile] vehicular traffic and parking of [automobiles.] vehicles.
[9.] 8. Establish and maintain a sanitary sewer system.
[10.] 9. Condemn property within the territorial limits of the city, as well as property outside the territorial limits of the city, in the manner prescribed by chapter 37 of NRS.
[11.] 10. Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.
[12.] 11. Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.
Sec. 10. Section 3.020 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 733, is hereby amended to read as follows:
Sec. 3.020 City manager: Duties.
The city manager shall be responsible to the council for the efficient administration of all the affairs of the city. He shall:
κ1977 Statutes of Nevada, Page 718 (CHAPTER 380, AB 654)κ
1. Exercise a careful supervision of the citys general affairs.
2. See that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and may sue in the proper court to enforce them.
3. Exercise control over all departments [, divisions and bureaus] of the city government and [over all the appointive] the officers and employees thereof [.] , except:
(a) Any department whose chief executive officer is not appointed by the city manager.
(b) As otherwise provided by law.
4. Attend all [regular] meetings of the council and its committees, except when the council is considering his removal, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
5. Recommend to the council the adoption of such measures and bills as he may deem necessary or expedient.
6. Make investigations into:
(a) The affairs of the city;
(b) Any department or division thereof;
(c) Any contract; or
(d) The proper performance of any obligation owed to the city.
7. Prepare and submit to the council the annual budget.
8. Keep the council fully [advised] informed as to the financial condition and needs of the city.
9. Submit to the council, at least once each month, a summary of all claims and bills approved for payment by him.
10. Devote his entire time to the duties and interests of the city.
11. Perform such other duties as may be prescribed by this charter or be required by ordinance or resolution of the council.
Sec. 11. Section 9.010 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 740, is hereby amended to read as follows:
Sec. 9.010 Civil service commission: Appointment; compensation.
1. There shall be a civil service commission of the City of Sparks, Nevada, consisting of three residents of the [City of Sparks] city who shall be appointed by the mayor, subject to confirmation by the city council. The persons so appointed shall serve [for 4-year terms.] terms as established by ordinance.
2. Every person appointed as a member of the commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of this state, and file the same, duly certified by the officer administering it, with the clerk of the city.
3. Vacancies on the civil service commission from whatever cause shall be filled by appointment by the mayor, subject to confirmation by the city council.
4. The council shall provide for such employees as shall be necessary to enable the civil service commission to carry out properly the duties prescribed herein.
κ1977 Statutes of Nevada, Page 719 (CHAPTER 380, AB 654)κ
5. Each member of the civil service commission shall receive as compensation for his services the sum of $10 for each full meeting attended by him.
________
Senate Bill No. 454Committee on Judiciary
CHAPTER 381
AN ACT relating to dependent children; providing for the recovery of aid to dependent children from responsible parents; providing for the establishment of paternity; delegating certain powers and duties to the department of human resources; and providing other matters properly relating thereto.
[Approved May 6, 1977]
Whereas, The failure of parents to provide adequate financial support and care for their children is a major cause of financial dependency and a contributing cause of social delinquency; common law and statutory procedures governing the remedies for enforcement of support for financially dependent minor children by responsible parents have not proven sufficiently effective or efficient to cope with the increasing incidence of financial dependency; and the increasing workload of courts, district attorneys and the attorney general has made such remedies uncertain, slow and inadequate, thereby resulting in a growing burden on the financial resources of the state, which is constrained to provide public assistance grants for basic maintenance requirements when parents fail to meet their primary obligations; and
Whereas, Persons legally responsible for the care and support of children within the state should be required to assume their legal obligations in order to reduce the financial cost to the State of Nevada in providing public assistance funds for the care of children, thereby relieving at least in part the burden presently borne by the people of this state through welfare programs; and it is, therefore, the responsibility of the State of Nevada, through the prosecuting attorneys and the welfare division of the department of human resources, to conserve the expenditure of public assistance funds whenever possible in order that such funds shall not be expended if there are private funds available or which can be made available by judicial process or otherwise to partially or completely meet the financial needs of the children of this state; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 425 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Administrator means the state welfare administrator.
κ1977 Statutes of Nevada, Page 720 (CHAPTER 381, SB 454)κ
Sec. 4. Assistance and public assistance mean any payment made by the division to or on behalf of a child pursuant to the provisions of Title 38 of NRS.
Sec. 5. Court order means any judgment or order of a court of competent jurisdiction of the State of Nevada or an order of a court of comparable jurisdiction of another state ordering payment of a set or determinable amount of support money.
Sec. 6. Dependent child means any person, who is not otherwise emancipated, self-supporting or a member of the Armed Forces of the United States, who is:
1. Under the age of 21 years and who is receiving or has received assistance from the division pursuant to Title 38 of NRS; or
2. Under the age of 18 years and for whom the division is required to secure support or establish paternity.
Sec. 7. Division means the welfare division of the department of human resources.
Sec. 8. Prosecuting attorney means the district attorney of any county or of Carson City, or the attorney general when acting pursuant to section 17 of this act.
Sec. 9. Responsible parent means the natural or adoptive parent of a dependent child, or any person who is responsible for the support of a dependent child by law, contract or order of a court of competent jurisdiction.
Sec. 10. 1. Except as limited by this section by accepting assistance in his own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the division of all rights to support which the applicant or recipient may have in his own behalf or in behalf of any other person for whom assistance is applied for or received from any responsible parent. Rights to support include, but are not limited to, accrued but unpaid support payments and support payments to accrue during the period for which assistance is provided. The amount of the assigned support rights shall not exceed the amount of public assistance provided or to be provided.
2. The recipient shall also be deemed, without the necessity of signing any document, to have appointed the administrator as his true and lawful attorney in fact with power of substitution to act in his name, place and stead to perform the specific act of endorsing all drafts, checks, money orders or other negotiable instruments representing support payments which are received as reimbursement for the public assistance money previously paid to or on behalf of each recipient.
3. The support rights assigned under subsection 1 constitute a support debt owed to the division by the responsible parent. The support debt is enforcible under all processes provided by law. The division, through the prosecuting attorney, may also represent the recipient when the amount of the support rights exceeds the amount of the support debt.
4. The amount of this support debt is:
(a) The amount specified in a court order of support; or
(b) If there is no court order of support, not more than the amount determined in accordance with a formula adopted by the division pursuant to regulations promulgated by the Secretary of Health, Education and Welfare.