[Rev. 2/28/2019 12:19:54 PM]
κ1977 Statutes of Nevada, Page 721 (CHAPTER 381, SB 454)κ
5. The assignment provided for in subsection 1 is binding upon the obligor upon service of notice thereof in the manner provided by law for service of civil process or upon actual notice thereof.
Sec. 11. 1. Any payment of public assistance creates a support debt to the division by the responsible parent in an amount equal to the least of:
(a) The amount of assistance paid;
(b) The amount due under any court order; or
(c) If there is no court order, to the amount due under any written agreement between the division and a responsible parent.
2. The division is subrogated to the right of a dependent child or a person having the care, custody and control of a dependent child to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of money expended for public assistance. If a court enters judgment for an amount of support to be paid by a responsible parent, the division is subrogated to the debt created by such judgment to the extent of public assistance paid, and the judgment awarded shall be deemed to be in favor of the division. This subrogation applies but is not limited to a temporary spouse support order, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the division in public assistance to or for the benefit of a dependent child. The division may petition the appropriate court for modification of its order on the same grounds as a party to the action.
3. Debts under this section may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.
Sec. 12. 1. Whenever the division provides public assistance on behalf of a child, the division and the prosecuting attorney shall take appropriate action to establish paternity and to enforce the responsible parents duty to pay for the care, support and maintenance of the dependent child.
2. As to any other child under the age of 18 years, the division and the prosecuting attorney, if required by the Social Security Act (42 U.S.C. §§ 301 et seq.), upon application therefor, may take appropriate action to establish paternity and to enforce the responsible parents duty of support.
Sec. 13. (Deleted by amendment.)
Sec. 14. Whenever, as a result of any assignment or action, support money is paid by the responsible parent, such payment shall be made through the division upon written notice by the division to the responsible parent, or to the clerk of the court or district attorney if appropriate, that the child for whom a support obligation exists is receiving public assistance, or that the division has undertaken to secure support for the child for whom a support obligation exists.
Sec. 15. All money collected in fees, costs, attorneys fees, interest payments, incentive payments or other payments received by the administrator which cannot be identified as to the support account to which it should be credited, shall be deposited in the state general fund.
κ1977 Statutes of Nevada, Page 722 (CHAPTER 381, SB 454)κ
Sec. 16. Any money recovered by the division under sections 2 to 21, inclusive, of this act shall be distributed pursuant to regulations adopted by the division which shall not disqualify this state for federal grants under Title IV of the Social Security Act (42 U.S.C. §§ 601, et seq.).
Sec. 17. 1. The district attorney is responsible for establishing paternity and securing support pursuant to this chapter in cases referred by the division.
2. The attorney general may assist any district attorney upon request.
3. If a district attorney fails or refused to perform this duty in a particular case in which assistance is granted, or in which establishment of paternity or enforcement of support is required, the attorney general may undertake to perform this duty and may exercise in connection therewith all powers of the district attorney provided by law.
Sec. 18. 1. The division may establish a central unit to serve as a registry for the receipt of information, for answering interstate inquiries concerning deserting responsible parents, to coordinate and supervise departmental activities in relation to deserting responsible parents and to assure effective cooperation with law enforcement agencies.
2. To effectuate the purposes of this section, the administrator or a prosecuting attorney may request all information and assistance as authorized by sections 2 to 21, inclusive, of this act from the following persons and entities:
(a) State, county and local agencies;
(b) Employers, public and private; and
(c) Employee organizations and trusts of every kind.
All of these persons and entities, their officers and employees, shall cooperate in the location of a responsible parent who has abandoned or deserted, or is failing to support his child and shall on request supply the division and the prosecuting attorney with all information on hand relative to the location, income and property of such parent. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
3. Any record established pursuant to the provisions of this section is available only to the attorney general, a district attorney or a court having jurisdiction in a paternity, support or abandonment proceeding or action, or to an agency in other states engaged in the establishment of paternity or in the enforcement of support of minor children as authorized by regulations of the division and by the provisions of the Social Security Act.
Sec. 19. Any support debt due the division from a responsible parent which the administrator deems uncollectible may be transferred from accounts receivable to a suspense account and cease to be accounted as an asset. At any time after 1 year from the date a support debt was incurred, the administrator may charge off as uncollectible any support debt upon which the administrator finds there is no available, practical or lawful means by which the debt may be collected.
Sec. 20. 1. The responsible parent of a legitimate child or a child whose paternity has been judicially determined and for whom assistance is granted shall complete a written statement, under oath, of:
κ1977 Statutes of Nevada, Page 723 (CHAPTER 381, SB 454)κ
(a) His current monthly income and his total income over the past 12 months;
(b) The number of dependents for whom he is providing support;
(c) The amount which he is contributing regularly toward the support of any child for whom assistance is granted;
(d) His current monthly living expenses; and
(e) Such other information as is pertinent to determining his ability to support his children.
2. The statement shall be provided upon demand made by the division, any support enforcement agent of the state or a prosecuting attorney. Additional statements shall be filed:
(a) Annually thereafter with the division until such time as the child is no longer receiving assistance; and
(b) Whenever there is a material change in the information given in the statement required under this section.
3. Failure of the responsible parent to comply fully with this section is a misdemeanor.
4. Any responsible parent who swears falsely to a material fact in any written statement required by this section is guilty of perjury.
Sec. 21. It is the purpose of sections 2 to 21, inclusive, of this act that children be promptly maintained insofar as possible from the resources of responsible parents. The remedies provided in sections 2 to 21, inclusive, of this act are cumulative and in addition to any other remedy provided by law.
Sec. 22. NRS 425.010 is hereby amended to read as follows:
425.010 [This chapter] NRS 425.010 to 425.250, inclusive, may be cited as the Aid to Dependent Children Act. [of 1955.]
Sec. 23. NRS 425.020 is hereby amended to read as follows:
425.020 1. [It is the object and purpose of this chapter to provide assistance for children whose dependency is caused by circumstances defined in subsection 5 of NRS 425.030, and to keep children in their own homes wherever possible.
2.] The provisions of this chapter shall be liberally construed to effect its stated objects and purposes.
[3. Nothing contained in this chapter shall be construed as affecting] 2. NRS 425.010 to 425.250, inclusive, do not affect the right of the welfare division to be solely responsible for determining the eligibility of applicants under [this chapter.] NRS 425.010 to 425.250, inclusive.
Sec. 24. NRS 425.030 is hereby amended to read as follows:
425.030 As used in [this chapter:] NRS 425.010 to 425.250, inclusive, unless the context otherwise requires:
1. Applicant means any person who has applied for assistance under [this chapter.] NRS 425.010 to 425.250, inclusive.
2. Assistance means money payments with respect to, or medical care in behalf of, or any type of remedial care recognized under state law in behalf of, a dependent child, [or dependent children,] and includes money payments or medical care or any type of remedial care recognized under state law for any month to meet the needs of the relative with whom any dependent child is living if money payments have been made with respect to such child for such month.
κ1977 Statutes of Nevada, Page 724 (CHAPTER 381, SB 454)κ
3. Board means the state welfare board.
4. Department means the department of human resources.
5. Dependent child means:
(a) A needy child under the age of 18 years, or under the age of 21 years if found by the department to be regularly attending a school, college or university, or regularly attending a course of vocational or technical training designed to fit him for gainful employment, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home; or
(b) A child removed from the home of a relative designated in paragraph (a) after April 30, 1961, as a result of a judicial determination that continuance in the home of the relative would be contrary to his welfare for any reason, and who has been placed in foster care as a result of such determination, if the child was receiving aid to dependent children in or for the month in which the court action was initiated or would have received aid to dependent children if the application had been made, or who lived with a relative designated in paragraph (a) within 6 months prior to the month in which court action was initiated, and who would have received aid to dependent children in the month court action was initiated if he were still living with the relative and application for assistance had been made, provided the custody of such child has been placed with the welfare division by court order.
6. Director means the director of the department of human resources.
7. Recipient means any person who has received or is receiving assistance.
8. Welfare division means the welfare division of the department of human resources.
Sec. 25. NRS 425.050 is hereby amended to read as follows:
425.050 Application on behalf of a child for assistance under [this chapter] NRS 425.010 to 425.250, inclusive, shall be made to the welfare division. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the welfare division, and shall contain such information as may be required by the application form.
Sec. 26. NRS 425.080 is hereby amended to read as follows:
425.080 1. [No assistance under this chapter shall] Assistance under NRS 425.010 to 425.250, inclusive, shall not be granted or paid to any dependent child who owns, or whose needy relative owns, personal property or marketable non-income-producing real property, the combined cash value of which exceeds $500 at the time application for assistance is made, or while in receipt of such assistance. For each additional dependent child in the same home or in the same family, the $500 limitation herein described may be increased by $150.
2. For the purposes of [this chapter, personal property shall] NRS 425.010 to 425.250, inclusive, personal property does not include clothing, furniture, household equipment, foodstuffs and means of transportation found by the welfare division to be essential for the well-being of the child or his needy relative.
κ1977 Statutes of Nevada, Page 725 (CHAPTER 381, SB 454)κ
clothing, furniture, household equipment, foodstuffs and means of transportation found by the welfare division to be essential for the well-being of the child or his needy relative.
Sec. 27. NRS 425.110 is hereby amended to read as follows:
425.110 1. All grants of assistance made under [this chapter] NRS 425.010 to 425.250, inclusive, shall be reconsidered by the welfare division as frequently as may be required in order to verify continuing eligibility for assistance. [under this chapter.] After such further investigation as the welfare division may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the welfare division finds that the circumstances warrant such action.
2. The state welfare administrator, or his designated representative, [shall have full authority to] may issue subpenas requiring the attendance of witnesses before the division at a designated time and place, and further requiring the production of books, papers and records relative to the eligibility or continued eligibility for such assistance, and with reference to all matters relevant thereto, and in furtherance of the investigation by the welfare division, to administer oaths and take testimony thereunder.
3. If the witness fails to appear or refuses to give testimony, or to produce books, papers and records as required by the subpena, the district court in and for the county in which the investigation is being conducted [shall have power to] may compel the attendance of witnesses, the giving of testimony and the production of books, papers and records, as required by the subpena.
4. If the recipient refuses to appear, or to give testimony, or to produce books, papers and records, or should the recipient fail or refuse to cooperate by refusing to allow other witnesses freely to testify, or to produce books, papers or records, or by encouraging other witnesses to fail or refuse to appear, or to testify, or to produce books, papers or records, the welfare division [is authorized and empowered to] may terminate and withdraw all assistance from the recipient, pursuant to law.
Sec. 28. NRS 425.120 is hereby amended to read as follows:
425.120 1. If an application is not acted upon by the welfare division within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of assistance is modified or canceled, under any provision of [this chapter,] NRS 425.010 to 425.250, inclusive, the applicant or recipient [shall have the right to] may appeal to the welfare division and [the right to] may be represented in such appeal by counsel.
2. The welfare division shall provide an opportunity for a fair hearing of such [individuals] persons appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. [If such individual feels himself] A person aggrieved by the decision of the welfare division in respect to his case [he shall have the right,] may, at any time within 90 days after the mailing to him, by [registered or] certified mail, of written notice of the decision, [to] petition the district court of the judicial district in which he resides to review such decision and the district court [shall have jurisdiction to] may review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.
κ1977 Statutes of Nevada, Page 726 (CHAPTER 381, SB 454)κ
review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.
Sec. 29. NRS 425.200 is hereby amended to read as follows:
425.200 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under [this chapter.] NRS 425.010 to 425.250, inclusive. The list [shall be] is subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of [this chapter.] NRS 425.010 to 425.250, inclusive.
2. Immediately after the warrants payable to recipients have been drawn, the state controller shall deliver or mail them to the welfare division. Immediately thereafter the welfare division shall mail them to the individual recipients. The facilities of the central mailing room shall be used.
3. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund shall be open to inspection and subject to audit by officers and agents of the United States.
Sec. 30. NRS 425.210 is hereby amended to read as follows:
425.210 Assistance awarded [by this chapter] under NRS 425.010 to 425.250, inclusive, is not transferable or assignable at law or in equity and none of the money paid or payable under this chapter [shall be] is subject to execution, levy, garnishment, attachment or other legal process, or to the operation of any bankruptcy or insolvency law.
Sec. 31. NRS 425.150 is hereby amended to read as follows:
425.150 1. [Whenever a person applies] Upon approval of an application for assistance pursuant to [this chapter,] NRS 425.010 to 425.250, inclusive, on behalf of a child whose parent has deserted or is not supporting such child, the welfare division [shall immediately] may notify the district attorney of the county, or, if the district attorney is not the appropriate official, the proper Indian tribal official, that approval of such application has been made.
2. At the time of such application the welfare division shall inform the applicant of his duties pursuant to NRS 425.145 and request that such applicant comply therewith.
3. The notice provided for in subsection 1 shall include a statement that such applicant has been informed of his duties and requested to comply therewith pursuant to subsection 2.
Sec. 32. NRS 425.130 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 727 (CHAPTER 381, SB 454)κ
425.130 [No assistance will] Assistance shall not be furnished any [individual under this chapter] person under NRS 425.010 to 425.250, inclusive, with respect to any period with respect to which he is receiving supplemental security income pursuant to Title XVI of the Social Security Act (42 U.S.C. § 1381 et seq.), or with respect to any period with respect to which he is receiving aid to dependent children from any other state.
Sec. 33. NRS 425.140 is hereby amended to read as follows:
425.140 All assistance awarded under [this chapter shall be deemed to be] NRS 425.010 to 425.250, inclusive, is awarded and [to be] held subject to the provisions of any amending or repealing act that may [thereafter] be enacted, and no recipient [shall have] has any claim for assistance or otherwise by reason of his assistance being affected in any way by an amending or repealing act.
Sec. 34. NRS 425.145 is hereby amended to read as follows:
425.145 1. [An] As a condition of eligibility for assistance to the person with whom any dependent child is living, each applicant for or recipient of assistance, or a person making application for or receiving assistance on behalf of a child, shall [assist and cooperate fully with] furnish his social security account number and that of any responsible parent, if known, and assist and cooperate fully with the welfare division, the attorney general, any support enforcement agent of the state, and the district attorney of the county of the applicants or recipients residence in establishing the paternity of such child and in the locating or apprehending of and the taking of legal action against a deserting or nonsupporting parent of such [applicant or recipient.] child.
2. [An applicant for or recipient of assistance] Assistance pursuant to [this chapter] NRS 425.010 to 425.250, inclusive, may be denied [such assistance] by the welfare division or such assistance may be discontinued by the welfare division [for:] to the person with whom any dependent child is living for:
(a) Failure or refusal to disclose information known to the applicant or recipient, or the person making application or receiving assistance on behalf of a child, necessary for the establishment of paternity of such child or the location or apprehension of a deserting or nonsupporting parent; or
(b) Failure or refusal of any such person to cooperate with [the district attorney of the county of the applicants or recipients residence,] any of the specified authorities in the taking of recommended legal action against a deserting or nonsupporting parent [.] ; or
(c) Failure or refusal of any such person to furnish the required social security account numbers.
Sec. 35. NRS 425.250 is hereby amended to read as follows:
425.250 1. Any person who knowingly obtains, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance of the value of $100 or more to which he is not entitled or assistance of the value of $100 or more in excess of that to which he is entitled, and with intent to defeat the purposes of [this chapter,] NRS 425.010 to 425.250, inclusive, is guilty of a gross misdemeanor.
κ1977 Statutes of Nevada, Page 728 (CHAPTER 381, SB 454)κ
2. For the purposes of subsection 1, whenever a recipient of assistance under the provisions of [this chapter] NRS 425.010 to 425.250, inclusive, receives an overpayment of benefits for the third time and such overpayments have resulted from a false statement or representation by such recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that such payment was fraudulently received.
Sec. 36. Chapter 31 of NRS is hereby amended by adding thereto the provisions set forth as sections 37 to 39, inclusive, of this act.
Sec. 37. 1. In any proceeding where the court has ordered a parent to pay any amount for the support of a minor child, the court may order the parent to assign to the county clerk or county officer designated by the court to receive such payment, or to the state welfare administrator in support enforcement cases arising under the provisions of chapter 425 of NRS, that portion of salary, wages or commissions of a parent due or to be due in the future which will be sufficient to pay the amount ordered by the court for the support, maintenance and education of the minor child. Such order operates as an assignment and is binding upon any existing or future employer of the responsible parent upon whom a copy of such order is served. Any such order may be modified or revoked at any time by the court. The employer shall cooperate with and provide relevant employment information to the prosecuting attorney for the purpose of enforcing the child support obligation. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
2. In any proceeding where a court makes or has made an order requiring payment of child support to a parent receiving welfare payments for the maintenance of minor children, the court shall direct that payments of support may be made to the welfare division of the department of human resources, and the district attorney may appear in any proceeding to enforce such order.
Sec. 38. 1. The parent to whom support is ordered to be paid shall notify the court and the employer of the parent ordered to pay support, by any form of mail requiring a return receipt, of any change of address within a reasonable period of time after any such change. In instances in which payments are ordered to be made to a county officer designated by the court, the parent to whom support is ordered to be paid shall notify the court and such county officer, by any form of mail requiring a return receipt, of any address change within a reasonable period of time after any such change.
2. If the employer or county officer is unable to deliver payments under the assignment for a period of 3 months because of the failure of the person to whom support has been ordered to be paid to notify the employer or county officer of a change of address, the employer or county officer shall not make any further payments under the assignment and shall return all undeliverable payments to the employee.
3. Upon a petition by the responsible parent, the court shall terminate an order of assignment of salary or wages if there are 18 continuous months of full payment under the assignment or the employer or county officer is unable to deliver payments under the assignment for a period of 3 months because of the failure of the person to whom support has been ordered to be paid to notify the employer or county officer of a change of address.
κ1977 Statutes of Nevada, Page 729 (CHAPTER 381, SB 454)κ
of 3 months because of the failure of the person to whom support has been ordered to be paid to notify the employer or county officer of a change of address.
Sec. 39. 1. The provisions of sections 37 to 39, inclusive, of this act apply to all money received by any person as a pension, or as an annuity or retirement or disability or death or other benefit, or as a return of contributions and interest thereon from the United States government, or from the state, or any county, city or other political subdivision of the state, or any public trust, or public corporation, or from the governing body of any of them, or from any public board or boards, or from any retirement, disability, or annuity system established by any of them pursuant to statute.
2. When a certified copy of any order of assignment is served on any public entity described in subsection 1, other than the United States government, that entity shall comply with any request for a return of employee contributions by an employee named in the order by delivering the contributions to the clerk of the court from which the order issued, unless the entity has received a certified copy of an order terminating the order of assignment. A court may not directly or indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a minor child upon the issuance of such a request by such an employee.
3. Upon receipt of money pursuant to sections 37 to 39, inclusive, of this act, the clerk of the court, within 10 days, shall send written notice of that fact to the parties and any agency through whom payments have been ordered under this section. Such money is subject to any procedure available to enforce an order for child support, but if an enforcement procedure is not commenced within 60 days after the date when the notice of receipt is sent, the clerk shall, upon request, release the money to the responsible parent.
Sec. 40. NRS 425.220 and 425.230 are hereby repealed.
________
Assembly Bill No. 352Committee on Commerce
CHAPTER 382
AN ACT relating to insurance agents, brokers and solicitors; providing for a class of life and health insurance administrators; providing for regulation and registration; providing a penalty; 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. Chapter 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13.6, inclusive, of this act.
Sec. 2. Except as limited by this section, administrator means a person who collects charges or premiums from or who adjusts or settles claims of residents of this state in connection with life or health insurance coverage or annuities. Administrator does not include:
κ1977 Statutes of Nevada, Page 730 (CHAPTER 382, AB 352)κ
1. An employer acting on behalf of his employees or the employees of a subsidiary or affiliated concern.
2. A labor union acting on behalf of its members.
3. An insurance company licensed to do business in this state or acting as an insurer with respect to a policy lawfully issued and delivered in a state in which the insurer was authorized to do business.
4. A life or health insurance agent or broker licensed in this state, when his activities are limited to the sale of insurance.
5. A creditor acting on behalf of his debtors with respect to insurance covering a debt between the creditor and debtor.
6. A trust and its trustees, agents and employees acting for it, if the trust was established under the provisions of 29 U.S.C. § 186.
7. A trust which is exempt from taxation under Section 501(a) of the Internal Revenue Code, its trustees and employees, and a custodian, his agents and employees acting under a custodial account which meets the requirements of Section 401(f) of the Internal Revenue Code.
8. A bank, credit union or other financial institution which is subject to supervision by federal or state banking authorities.
9. A company which issues credit cards, and which advances for and collects premiums or charges from credit card holders who have authorized it to do so if the company does not adjust or settle claims.
10. An attorney at law who adjusts or settles claims in the normal course of his practice or employment, but who does not collect charges or premiums in connection with life or health insurance coverage or with annuities.
Sec. 3. 1. No person may act as an administrator unless he has entered into a written agreement with an insurer, and the written agreement contains provisions to effectuate the requirements contained in sections 5 to 10, inclusive, of this act which apply to the duties of the administrator.
2. A copy of an agreement entered into under the provisions of this section shall be retained in the records of the administrator and of the insurer for a period of 5 years after the termination of the agreement.
3. When a policy is issued to a trustee or trustees, a copy of the trust agreement and amendments shall be obtained by the administrator and a copy forwarded to the insurer. Each agreement shall be retained by the administrator and by the insurer for a period of 5 years after the termination of the policy.
Sec. 4. 1. Payment by or on behalf of an insured to an administrator shall be deemed to have been received by the insurer.
2. Payment to the administrator by the insurer of return premiums or claim settlements shall not be deemed to be payment to the insured or claimant until the money is received by the insured or claimant.
3. This section does not limit any right of the insurer against the administrator resulting from a failure to make payments to an insurer, insured or claimant.
Sec. 5. 1. Each administrator shall maintain at his principal office, for a period of 5 years after his agreement with any insurer has been terminated, adequate books and records of all transactions between himself, the insurer and the insured.
κ1977 Statutes of Nevada, Page 731 (CHAPTER 382, AB 352)κ
terminated, adequate books and records of all transactions between himself, the insurer and the insured. The books and records shall be maintained in accordance with prudent standards of insurance recordkeeping and with regulations of the commissioner.
2. The commissioner may examine, audit and inspect books and records kept by administrators under the provisions of this section.
3. The names and addresses of insured persons and any other material which is in the books and records of an administrator are confidential except when used in proceedings against the administrator.
4. The insurer may inspect and examine all books and records to the extent necessary to fulfill all contractual obligations to insured persons, subject to restrictions in the written agreement between the insurer and administrator.
Sec. 6. An administrator may advertise the insurance which he administers only with the approval of the insurer who underwrites the business involved.
Sec. 7. The agreement between the administrator and the insurer shall provide for underwriting and other standards pertaining to the business underwritten by the insurer.
Sec. 8. 1. All insurance charges and premiums collected by an administrator on behalf of an insurer and return premiums received from an insurer are held by the administrator in a fiduciary capacity.
2. Money shall be remitted within 15 days to the person or persons entitled to it, or shall be deposited within 15 days in a fiduciary bank account established and maintained by the administrator within the state.
3. If charges or premiums deposited in an account have been collected on behalf of more than one insurer, the administrator shall cause the bank in which the account is maintained to record clearly the deposits and withdrawals from the account on behalf of each insurer.
4. The administrator shall promptly obtain and keep copies of all bank account records and shall furnish any insurer with copies of the records which pertain to him upon demand of the insurer.
5. The administrator may not pay any claim by withdrawing money from his fiduciary account.
6. Withdrawals shall be made as provided in the agreement between the insurer and the administrator for:
(a) Remittance to the insurer.
(b) Deposit in an account maintained in the name of the insurer.
(c) Transfer to and deposit in an account for the payment of claims.
(d) Payment to a group policyholder for remittance to the insurer entitled to the money.
(e) Payment to the administrator of his commission, fees or charges.
(f) Remittance of return premiums to persons entitled to them.
Sec. 9. Each claim paid by the administrator from funds collected on behalf of an insurer shall be paid by a draft upon and as authorized by the insurer.
Sec. 10. 1. The compensation paid to an administrator for his services may be based upon premiums or charges collected, on number of claims paid or processed or on another basis agreed upon by the administrator and the insurer, except as provided in subsection 2.
κ1977 Statutes of Nevada, Page 732 (CHAPTER 382, AB 352)κ
paid or processed or on another basis agreed upon by the administrator and the insurer, except as provided in subsection 2.
2. Compensation paid to an administrator may not be based upon or contingent upon claim experience of the policies which he handles.
Sec. 11. 1. Each administrator shall advise each insured, by means of a written notice approved by the insurer, of the identity of and relationship among the insurer, administrator and insured.
2. An administrator who seeks to collect premiums or charges shall clearly state to the insured the amount of premium or charge set by the insurer for the insurance coverage.
Sec. 12. 1. No person may act as an administrator, or hold himself out to the public as an administrator, unless he has:
(a) Obtained a certificate of registration as an administrator from the commissioner; or
(b) Obtained a license to act as an adjuster for the types of insurance for which he is acting as an adjuster.
2. A certificate shall be issued to an applicant who has made written application therefor, giving any information which the commissioner reasonably requires, and has paid the required fee, unless the commissioner has determined, after notice and hearing, that the applicant is not competent, trustworthy, financially responsible or of good personal and business reputation.
3. No certificate may be issued to any person who, within the 5 years immediately preceding his application, has had an insurance license revoked or an application denied for cause.
4. The commissioner may revoke or suspend the certificate of any administrator if he finds, after notice and hearing, that the administrator has violated any provision of this Title or any regulation promulgated thereunder.
Sec. 13. The commissioner may waive any requirement which he has promulgated for issue of an administrators certificate of any person or class of persons. In so doing he shall consider, without limitation:
1. Whether the person acting as an administrator is primarily involved in a business other than that of administrator.
2. Whether the financial strength and history of the organization to which the applicant belongs, or which is the applicant, indicates stability in its continuity of doing business.
3. Whether the regular duties being performed by an administrator are such that the persons to be insured are not likely to be injured by a waiver of requirements.
Sec. 13.2. 1. Every administrator shall file with the commissioner a bond with an authorized surety in favor of the State of Nevada, continuous in form and in an amount determined by the commissioner of not less than $5,000 nor more than $10,000.
2. The commission shall establish schedules for the amount of the bond required, based on the amount of money received and distributed by an administrator.
3. The bond shall inure to the benefit of any person damaged by any fraudulent act or conduct of the administrator and shall be conditioned upon faithful accounting and application of all money coming into the administrators possession in connection with his activities as an administrator.
κ1977 Statutes of Nevada, Page 733 (CHAPTER 382, AB 352)κ
administrators possession in connection with his activities as an administrator.
4. The bond remains in force until released by the commissioner or canceled by the surety, without prejudice to any liability previously incurred, the surety may cancel the bond upon 30 days advance notice to the administrator and the commissioner.
Sec. 13.4. The administrator shall deliver or cause to be delivered to insured persons any written communications of an insurer which are given to the administrator for delivery.
Sec. 13.6. Any person who acts as an administrator without having applied for and received from the commissioner a certificate of registration as an administrator shall be fined not less than $300 nor more than $2,000.
Sec. 14. NRS 683A.010 is hereby amended to read as follows:
683A.010 Within the scope of this chapter are sections governing the qualification, licensing and related requirements of administrators, agents, brokers, solicitors, managing general agents and service representatives. Certain sections also apply to:
1. Surplus lines brokers, as specified in NRS 685A.220;
2. Motor club agents as specified in NRS 696A.250 to 696A.330, inclusive; and
3. Bail bondsmen as specified in chapter 697 of NRS.
Sec. 15. NRS 683A.020 is hereby amended to read as follows:
683A.020 As used in this code, unless the context otherwise requires, the words and terms defined in NRS 683A.030 to 683A.080, inclusive, [shall] and section 2 of this act have the meanings ascribed to them in [NRS 683A.030 to 683A.080, inclusive.] those sections.
Sec. 16. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served shall pay to the commissioner, fees, licenses and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Issuance, and each annual continuation:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive $100
(2) For two or more kinds of insurance as so defined............................. 200
(b) Reinstatement (NRS 680A.180), 50 percent of the annual continuation fee otherwise required.
(c) Registration of additional title (NRS 680A.240)........................................ 25
Annual renewal..................................................................................................... 25
2. Charter documents (other than those filed with application for certificate of authority). Filing amendments to articles of incorporation, charter, bylaws, power of attorney (as to reciprocal insurers), and other constituent documents of the insurer, each document $10
3. Annual statement of insurer. For filing annual statement...................... $25
4. Service of process:
(a) Filing of power of attorney.......................................................................... $5
(b) Acceptance of service of process.............................................................. 5
5. Agents licenses and appointments:
κ1977 Statutes of Nevada, Page 734 (CHAPTER 382, AB 352)κ
(a) Application for original resident agents license and issuance of license, if issued $5
(b) Appointment of resident agent:
(1) Each insurer............................................................................................. 2
(2) Annual continuation of appointment, each insurer........................... 2
(c) Temporary license......................................................................................... 3
(d) Limited license (NRS 683A.260), each insurer, each year....................... 2
(e) Nonresident agents:
(1) Nonresident agents license, other than as specified in paragraph (f), application and issuance, if issued............................................................................................... 25
(2) Appointment of such agent, each insurer........................................... 25
(f) Nonresident agents license qualifying under subsection 3 of NRS 683A.340; same as for resident agent license under paragraphs (a) and (b).
6. Brokers:
(a) Resident brokers license:
(1) Application for original resident brokers license and issuance of license, if issued $25
(2) Annual continuation.............................................................................. 25
(b) Nonresident brokers license:
(1) Nonresident brokers license (other than as specified in paragraph (c) below), application for original license and issuance, if issued........................................ 75
(2) Annual continuation.............................................................................. 75
(c) Nonresident brokers license, qualifying under subsection 4 of NRS 683A.340; same as for resident brokers license under paragraph (a).
(d) Surplus lines brokers license:
(1) Surplus lines brokers license, application and issuance, if issued 10
(2) Annual continuation.............................................................................. 10
7. Solicitors:
(a) Application for original license and issuance of license, if issued........ $2
(b) Annual continuation.................................................................................... 2
8. Managing general agents. Annual continuation, each insurer............. $5
9. Adjusters:
(a) Adjusters license:
(1) Application for original adjusters license and issuance of license, if issued $10
(2) Annual continuation of license............................................................ 10
(b) Associate adjusters license:
(1) Associate adjusters license (NRS 684A.030), application and issuance of license, if issued 5
(2) Annual continuation.............................................................................. 5
10. Motor vehicle physical damage appraisers:
κ1977 Statutes of Nevada, Page 735 (CHAPTER 382, AB 352)κ
(a) Application for original license and issuance of license, if issued........ $10
(b) Annual continuation of license.................................................................. 10
11. Life insurance analysts:
(a) Application for original license and issuance of license, if issued........ $25
(b) Annual continuation of license.................................................................. 25
12. Examination for license:
(a) Filing application for each examination, other than life insurance analyst, each kind of insurance...................................................................................................................... $10
(b) Life insurance analysts, filing application, each examination................ 25
13. Additional title, property insurers (NRS 680A.240):
(a) Original registration...................................................................................... $25
(b) Annual continuation of registration.......................................................... 25
14. Insurance vending machines:
(a) Filing application for license and issuance, if issued, each machine.... $20
(b) Annual continuation of license, each machine........................................ 20
15. Securities solicitation permit:
(a) Application for permit................................................................................... $100
(b) Extension of permit....................................................................................... 50
16. Securities salesman, domestic insurers:
(a) Filing application for license and issuance, if issued.............................. $10
(b) Annual continuation of license.................................................................. 10
17. Rating organizations:
(a) Filing application for license and issuance, if issued.............................. $100
(b) Annual continuation of license.................................................................. 100
18. Life and health insurance administrator:
(a) Filing application for registration and certificate, if issued.............. $25
(b) Annual continuation of certificate........................................................... 25
19. Insurance laws, each copy, not less than cost.
[19.] 20. Certified copy of insurer certificate of authority or of any license issued under this code....................................................................................................................... $2
[20.] 21. Copies of other documents on file in the division: A reasonable charge as fixed by the commissioner; and for certifying and affixing official seal....................... $1
[21.] 22. Letter of clearance as to agent or broker...................................... $2
[22.] 23. Certificate of license status, agent or broker............................... $2
________
κ1977 Statutes of Nevada, Page 736κ
Senate Bill No. 184Senators Foote, Bryan, Sheerin, Gojack, Hilbrecht, Close, Gibson, Wilson, Glaser, Ashworth and Echols
CHAPTER 383
AN ACT relating to crimes against the person; providing increased criminal penalties for child abuse and neglect; permitting regional registries for child abuse and neglect; providing more classes of persons required to report child abuse and neglect; 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 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A peace officer as defined in NRS 169.125;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or
(3) A member of a volunteer fire department.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no physical injury to the victim results, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim does result, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3 The person charged knew or should have known that the victim was an officer, for a felony.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years.
Sec. 2. NRS 200.502 is hereby amended to read as follows:
200.502 1. A report [, as provided in NRS 200.503,] shall be made promptly to the local office of the welfare division of the department of human resources, to any county agency authorized by the juvenile court to receive such reports, or to any police department or sheriffs office when there is reason to believe that a child under 18 years of age has been abused or neglected. If the report of child abuse and neglect involves the acts or omissions of the welfare division or a county agency authorized by the juvenile court to receive [such] reports, or a law enforcement agency, the report shall be made to and the investigation made by an agency other than the one alleged to have committed the acts or omissions. Upon the receipt of a report concerning the possible abuse or neglect of a child, [it is the duty of] the welfare division, county agency or law enforcement agency [promptly to] shall, within 3 working days, investigate. The law enforcement agency shall forthwith refer [such] the report to the local office of the welfare division or county agency.
κ1977 Statutes of Nevada, Page 737 (CHAPTER 383, SB 184)κ
report to the local office of the welfare division or county agency. [The welfare division or county agency shall perform the duties provided in NRS 200.504.] No child about whom [such] a report is made shall be removed from his parents, stepparents, guardian or other persons having lawful custody by [such] a law enforcement agency without consultation with the division unless, in the judgment of the reporting physician or [such] the law enforcement agency, immediate removal is [considered] essential to protect the child from further injury or abuse.
2. [Such report] Reports shall be made:
(a) By every physician or surgeon, including doctors of medicine, dentistry and osteopathy, chiropractic physicians, optometrists, residents and interns, licensed in this state, examining, attending or treating [such] an apparently abused or neglected child.
(b) By the superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which shall be provided by every [such] physician or surgeon whose attendance with respect to [such] an apparently abused or neglected child is pursuant to his performance of services as a member of the staff of [such] the hospital or institution.
(c) By every professional or practical nurse, physicians assistant, psychologist and advanced emergency medical technician-ambulance licensed or certified to practice [professional nursing] in this state, [examining, attending or treating such child in the absence of such physician or surgeon.] who examines, attends or treats an apparently abused or neglected child.
(d) By every attorney, clergyman, social worker, school authority and teacher.
(e) By every person who maintains or is employed by a licensed child care facility or childrens camp.
3. A [similar] report may be made by any other person.
Sec. 3. NRS 200.504 is hereby amended to read as follows:
200.504 1. The welfare division of the department of human resources or the authorized county agency shall:
(a) File with the central [registry] and regional registries for child abuse and neglect [, established under NRS 432.100,] a copy of each report of child abuse or neglect received by or referred to them. [under NRS 200.502.]
(b) Investigate each report [made under NRS 200.502] of child abuse or neglect received or referred to it by a law enforcement agency to determine the circumstances surrounding the injury or injuries, the cause thereof, and the person or persons responsible.
(c) [Report the following information] Upon completing the investigation, to the central registry: [at the time of the completion of the investigation required by paragraph (b) of this section:]
(1) Identifying and demographic information on the child alleged to be abused or neglected, his parents and the person or persons allegedly responsible for the abuse or neglect.
(2) The facts of the alleged child abuse or neglect, including the date and type of alleged child abuse or neglect, the manner in which abuse was inflicted and the severity of the injuries.
κ1977 Statutes of Nevada, Page 738 (CHAPTER 383, SB 184)κ
(d) Upon disposition of the case, report the nature of the disposition to the central registry and the referring law enforcement agency, if any.
(e) Provide such social services as are necessary to protect the child and preserve the family.
2. The welfare division shall advise each authorized county agency of any report received or referred and investigation made in that county. Each authorized county agency shall advise the welfare division of each report received or referred and investigation made.
3. If the division or agency determines that further action is necessary to protect the child who is the subject of the report, as well as any other child under the same care who may be in danger of abuse or neglect, the division or agency may refer the case to the district attorney for criminal prosecution or it may recommend the filing of a petition in the juvenile division of the district court as provided in chapter 62 of NRS.
Sec. 4. NRS 200.508 is hereby amended to read as follows:
200.508 1. Any adult person [having the care, custody or control of a minor child under the age of 18 years] who willfully causes or permits [such] a child who is less than 18 years of age to suffer unjustifiable physical pain [, mental suffering, serious injury or injuries inflicted as the result of abuse or neglect, or who causes or permits the life of such a child to be endangered or the health of such a child to be injured, or who willfully causes or permits such a child to be placed in such situation that its life or limb may be in danger or its health likely to be injured] or mental suffering as a result of abuse or neglect or who willfully causes or permits a child to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect is guilty of a gross misdemeanor.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years.
3. As used in this section, permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
Sec. 5. NRS 432.100 is hereby amended to read as follows:
432.100 1. There is hereby established a statewide central registry for child abuse and neglect.
2. The statewide central registry shall be maintained by and in the central office of the welfare division.
3. The welfare division may designate a county hospital in each county having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, as a regional registry for child abuse and neglect.
Sec. 6. NRS 432.110 is hereby amended to read as follows:
432.110 The welfare division shall maintain a record of the names and identifying data, dates and circumstances of any persons requesting or receiving information from the central [registry,] or regional registries and any other information which might be helpful in furthering the purposes of NRS 432.120 and 432.130.
Sec. 7. NRS 432.120 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 739 (CHAPTER 383, SB 184)κ
432.120 1. Reports made to the central [registry established under NRS 432.100, as well as] or regional registries and any other information obtained for [central] registry purposes and in the possession of the welfare division, or a designated hospital, is confidential and shall be made available only to persons and agencies enumerated in NRS 200.5045.
2. [Central registry information] Information shall not be released unless the right of the applicant to the information is confirmed [by the welfare division,] and the released information discloses the nature of the disposition of the case or its current status.
3. A person given access to names or other information identifying a subject of the report shall not divulge or make public such identifying information unless he is a district attorney or other law enforcement official and the purpose concerns court action.
4. Unless an investigation of a report, conducted pursuant to NRS 200.501 to 200.508, inclusive, reveals some credible evidence of alleged child abuse or neglect, all information identifying the subject of a report shall be expunged from the central [registry] and regional registries forthwith. In all other cases, the record of the report [to] contained in the central [registry] or regional registries shall be sealed no later than 10 years after the subject child reaches the age of 18.
Sec. 8. NRS 432.130 is hereby amended to read as follows:
432.130 Any person who willfully released data or information contained in the central [registry] or regional registries to unauthorized persons in violation of NRS 200.5045 and 432.120 is guilty of a misdemeanor.
________
Senate Bill No. 484Senator Young
CHAPTER 384
AN ACT relating to vehicle licensing and registration; providing for lists of vehicle owners to be furnished to district judges on request for jury selection purposes; 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. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall provide a list of registered owners of motor vehicles in any county upon the request of a district judge of the judicial district in which the county lies for his use for purposes of jury selection.
2. The court which requests the list shall reimburse the department for the reasonable cost of the list.
________
κ1977 Statutes of Nevada, Page 740κ
Senate Bill No. 519Committee on Finance
CHAPTER 385
AN ACT providing for the use of certain federal grants; and providing other matters properly relating thereto.
[Approved May 6, 1977]
Whereas, Title II of the Public Works Employment Act of 1976, P.L. 94-369, authorized financial aid to state and local governments for the purpose of maintaining basic services to the public during the current period of financial hardship now being experienced by those governments; and
Whereas, Although the current federal law which makes such countercyclical aid available expires September 30, 1977, there exists the possibility that such aid to state and local governments will be continued; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any money received by the state under Title II of the Public Works Employment Act of 1976, P.L. 94-369, shall be utilized to meet the states share of expenditures under NRS 428.150 to 428.370, inclusive, pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396d.
Sec. 2. Any money not expended pursuant to section 1 of this act may be expended by the governor through the department of administration, for those purposes which are not contrary to law or federal guidelines.
Sec. 3. The department of administration shall report quarterly to the interim finance committee the amount of such money expended for purposes other than those prescribed in section 1 of this act.
________
Senate Bill No. 429Committee on Commerce and Labor
CHAPTER 386
AN ACT relating to professional engineers and surveyors; amending various regulatory provisions of 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. NRS 625.030 is hereby amended to read as follows:
625.030 As used in this chapter, engineer-in-training means a candidate for registration as a professional engineer:
1. Who is a graduate of or in his final year of an approved engineering curriculum of 4 years or more, approved by the board as of satisfactory standing, and [who, in addition,] has successfully passed an oral or written examination [as shall be] designated by the board; or
κ1977 Statutes of Nevada, Page 741 (CHAPTER 386, SB 429)κ
2. Who has had 4 years or more of experience in engineering work satisfactory to the board, and [who, in addition,] has successfully passed part 1 of the examination as provided in [subsection 1 of] NRS 625.200.
Sec. 2. NRS 625.040 is hereby amended to read as follows:
625.040 1. Within the meaning of this chapter, a person who, in a private or public capacity, does or offers to do any one more of the following practices land surveying:
(a) Locates, relocates, establishes, reestablishes or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050.
(b) Makes any survey for the subdivision or resubdivision of any tract of land.
(c) Determines, by the use of the principles of land surveying, the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets or replaces any such monument or reference point.
(d) Determines the configuration or contour of the earths surface or the position of fixed objects thereon [or related thereto,] by means of measuring lines and angles, and applying the principles of trigonometry.
(e) Geodetic or cadastral surveying.
(f) Municipal or topographic surveying.
(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (a), (b), (c), (d), (e) and (f) of this subsection.
(h) Indicates [in any capacity or] in any manner, by the use of the title land surveyor, or by any other [title or by any other] representation, that he practices or offers to practice land surveying in any of its branches.
(i) Procures or offers to procure for a consideration surveying work for others or for himself.
(j) Manages or conducts as manager, proprietor or agent any place from which land surveying work is solicited, performed or practiced.
2. A person practices land surveying when he professes to be a land surveyor or is in a responsible charge of land surveying work.
3. Surveys made exclusively for geological or landscaping purposes, or aerial photographs or photogrammetry, not involving any of the practices specified in subsection 1, do not constitute land surveying within the meaning of this chapter.
4. The practice of land surveying does not include the design, either in whole or in part, of any structure or fixed works embraced in the practice of professional engineering. [as defined in NRS 625.050.]
Sec. 3. NRS 625.190 is hereby amended to read as follows:
625.190 1. The board shall [have the power and duty to] hold oral or written examinations of applicants for certificates at least [twice] once each year in localities determined by the number of applications received and [to] shall determine from [such] the examinations the [branch or] branches of professional engineering in which an applicant is qualified for the purpose of granting him a certificate to practice [such branch or] those branches of professional engineering.
κ1977 Statutes of Nevada, Page 742 (CHAPTER 386, SB 429)κ
[branch or] branches of professional engineering in which an applicant is qualified for the purpose of granting him a certificate to practice [such branch or] those branches of professional engineering.
2. The examination, both written and oral, shall be in English, and its scope shall be [such] as [is] prescribed in NRS 625.200.
Sec. 4. NRS 625.200 is hereby amended to read as follows:
625.200 1. The written examinations for registration as a professional engineer [will] shall consist of a 2-day test (four 4-hour periods) divided into two parts:
(a) Part 1 [will] shall cover the subject matter of a general engineering education or training. If the applicant is a graduate from an engineering school [which the board, in its discretion, may approve,] approved by the board and has more than 8 years of experience in responsible engineering, part 1 may be waived.
(b) Part 2 [will] shall cover that branch of engineering in [the practice of] which the applicant is engaged [,] as indicated by his experience record, and [as] to which he has applied for registration.
Where possible, the usually recognized branches of engineering [will] shall be considered in the preparation of the examination. The board may [reserve the right to] conform the nature and extent of the examination to the particular qualifications of the applicant.
2. The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
3. Oral examinations shall be given in the manner prescribed by the board.
4. To qualify for registration, the applicant must receive a grade of not less than 70 percent on his examination.
Sec. 5. NRS 625.210 is hereby amended to read as follows:
625.210 1. The board shall issue a certificate of registration upon the payment of the registration fee [, as provided for] specified in this chapter [,] to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter.
2. The certificate shall authorize the practice of professional engineering, followed by the branch or branches for which he is qualified.
3. Certificates of registration shall:
(a) Show the full name of the registrant.
(b) Have a [serial] registration number.
(c) Be signed by the chairman and the secretary under seal of the board.
4. The issuance of a certificate of registration by the board [shall be] is evidence that the person named [therein] in the certificate is entitled to all the rights and privileges of a registered professional engineer while the certificate remains [unrevoked or unexpired.] valid.
Sec. 6. NRS 625.220 is hereby amended to read as follows:
625.220 1. The board may, upon application, [therefor, and the] payment of an application fee fixed by the board not exceeding [$50,] $100, and payment of the registration fee specified in this chapter issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of [State Boards of Engineering Registration,] Engineering Examiners Committee on National Engineering Certification, or by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
κ1977 Statutes of Nevada, Page 743 (CHAPTER 386, SB 429)κ
holds a certificate of qualification or registration issued to him by proper authority of the National Council of [State Boards of Engineering Registration,] Engineering Examiners Committee on National Engineering Certification, or by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
2. An oral examination conducted by not less than three members of the board shall be required of such persons [,] and a written examination may be required [,] at the discretion of the board.
Sec. 7. NRS 625.270 is hereby amended to read as follows:
625.270 1. No person may be granted a certificate of registration to practice land surveying in this state unless:
(a) He has completed 6 years of land surveying experience of a character satisfactory to the board; [and]
(b) He has attained a passing grade on the written examination described in NRS 625.280[.] ;
(c) He is a citizen of the United States or is lawfully entitled to permanent residence in the United States; and
(d) He is over 21 years of age.
2. The satisfactory completion of each year of approved courses in engineering or surveying in a school [or college] approved by the board is equivalent to 1 year of active experience, but an applicant shall not receive credit for more than 4 years of active experience because of educational qualifications.
Sec. 8. NRS 625.390 is hereby amended to read as follows:
625.390 1. Application for registration as a professional engineer or land surveyor or for certification as an engineer in training shall:
(a) Be on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) Contain the names of not less than three:
(1) Registered professional engineers if applying for registration as a professional engineer or engineer-in-training; or
(2) Registered land surveyors or registered professional engineers qualified in the branch of civil engineering if applying for registration as a land surveyor,
who may be residents of this or any other state who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
2. The application [and registration] fee for professional engineers and land surveyors shall be established by the board in an amount not [to exceed $50] more than $100 and shall accompany the application. A fee for a certificate of registration may be fixed by the board in an amount of not more than $50.
3. Should the board deny [issuance of] a certificate of any applicant, or should an applicant fail to appear for examination, the fee paid shall be retained as an application fee.
κ1977 Statutes of Nevada, Page 744 (CHAPTER 386, SB 429)κ
4. The board shall charge and collect from each applicant for registration as an engineer-in-training a fee [of $10,] fixed by the board of not more than $25, which shall include the cost of examination and the issuance of a certificate as an engineer-in-training. The registration as an engineer-in-training shall be valid for 8 years, at which time the registration shall expire and may be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. The board shall require the biennial renewal of each certificate except as provided in subsection 4 and collect [therefor] a biennial fee [as] established by the board [, but] not to exceed $75.
Sec. 9. NRS 625.400 is hereby amended to read as follows:
625.400 A new certificate of registration [,] to replace any certificate revoked, lost, destroyed or mutilated [,] may be issued, subject to the rules of the board, and a charge of not more than [$10] $20 shall be made for [such] its issuance.
Sec. 10. NRS 625.410 is hereby amended to read as follows:
625.410 The board may revoke the certificate of registration of any registrant [who is found guilty of:] for any of the following reasons:
1. The practice of any fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a registered professional engineer or in the practice of land surveying as a registered land surveyor.
3. Aiding or abetting any person in the violation of any provision of this chapter.
4. A felony or any crime involving moral turpitude.
5. A violation of the rules or code of conduct adopted by the board [pursuant to NRS 625.140.] under this chapter.
6. Revocation or suspension of the registrants certificate or license to practice in any other jurisdiction for any of the reasons enumerated in this section.
Sec. 11. Chapter 625 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each person who holds a certificate of registration under this chapter shall renew his certificate in each even-numbered year after it is issued and pay the biennial renewal fee specified in this chapter at such time and in the manner prescribed by the board.
2. Any holder of a certificate of registration who fails to renew his certificate may do so at any time within 1 year after the date of its expiration, upon application to and with the approval of the board. The time of renewal of the expired certificate may be extended at the discretion of the board.
________
κ1977 Statutes of Nevada, Page 745κ
Senate Bill No. 511Committee on Government Affairs
CHAPTER 387
AN ACT relating to data processing commission; providing for the addition of representatives to the commission in certain circumstances; 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 242.190 is hereby amended to read as follows:
242.190 1. There is hereby created a data processing commission whose members shall consist of:
(a) The state controller, who shall act as chairman;
(b) The director of the department of motor vehicles;
(c) The director of the department of administration;
(d) The state highway engineer; [and]
(e) If the employment security department has services furnished by the computer facility, the executive director of the employment security department; [and]
(f) If the Nevada industrial commission has services furnished by the computer facility, the chairman of the Nevada industrial commission [.] ;
(g) If the legislative counsel bureau has services furnished by the computer facility, the director of the legislative counsel bureau or his designated representative; and
(h) If the court system has services furnished by the computer facility, the court administrator or his designated representative.
2. The commission shall meet as often as necessary but at least once every 3 months. Members of the commission shall serve without additional compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
________
Assembly Bill No. 699Committee on Transportation
CHAPTER 388
AN ACT relating to taxicabs; providing for hearings under certain circumstances; providing for the authority of airport control officers as peace officers and the disposition of certain fees and revenues; providing penalties; 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. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A vehicle used as a taxicab in passenger service shall be impounded by the administrator if a certificate of public convenience and necessity has not been issued authorizing its operation.
κ1977 Statutes of Nevada, Page 746 (CHAPTER 388, AB 699)κ
impounded by the administrator if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing shall be held by the administrator no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the administrator shall notify the registered owner of the vehicle of the time set for the hearing and his right to be represented by counsel during all phases of the proceedings.
2. The administrator shall hold the vehicle until the registered owner of the vehicle appears and proves:
(a) That he is the registered owner of the vehicle;
(b) That he holds a valid certificate of public convenience and necessity; and
(c) That the vehicle meets all required standards of the authority.
The administration shall return the vehicle to its registered owner when the owner meets the requirements of this subsection.
3. If the registered owner is unable to meet the requirements of subsection 2, the administrator shall give the registered owner access to the vehicle so that he can remove all taxicab paraphernalia. The administrator shall return the vehicle after all taxicab paraphernalia is removed.
4. If after being noticed for a hearing the registered owner does not appear, the administrator shall retain possession of the vehicle until the registered owner of the vehicle requests a subsequent hearing and meets the requirements of subsection 2.
5. The registered owner is entitled to a subsequent hearing upon 72 hours notice to the administrator.
Sec. 2. NRS 706.881 is hereby amended to read as follows:
706.881 1. NRS 706.8811 to 706.885, inclusive, and section 1 of this act, apply to a county whose population is 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. Within any such county, those provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.
Sec. 3. NRS 706.8813 is hereby amended to read as follows:
706.8813 Certificate holder means a person who [has obtained and who] holds a current certificate of public convenience and necessity which was issued for the operation of a taxicab business within the county by:
1. The public service commission of Nevada prior to July 1, 1969, and which has not been transferred, revoked or suspended by the taxicab authority [; or] , the public service commission of Nevada or by operation of law; or
2. The taxicab authority [.] and which has not been transferred, revoked or suspended by the taxicab authority or by operation of law.
Sec. 4. NRS 706.8819 is hereby amended to read as follows:
706.8819 The taxicab authority shall conduct hearings and make final decisions in the following matters:
1. Applications to adjust, alter or change the rates, charges or fares for taxicab service;
2. Applications for certificates of public convenience and necessity to operate a taxicab service; [and]
κ1977 Statutes of Nevada, Page 747 (CHAPTER 388, AB 699)κ
3. Applications requesting authority to transfer any existing authority vested in any person or corporation to operate a taxicab business [.] ; and
4. Applications to change the total number of allocated taxicabs in a county to which NRS 706.881 to 706.885, inclusive, apply.
Sec. 5. NRS 706.8821 is hereby amended to read as follows:
706.8821 1. The administrator shall be responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, apply and for the administration of NRS 706.881 to 706.885, inclusive.
2. The administrator shall appoint:
(a) One accountant and auditor if the administrator is not so qualified; and
(b) Such other employees as may be necessary to enable the administrator properly to perform his official functions.
[(c) Employees designated as taxicab] 3. Those employees designated as:
(a) Taxicab field investigators shall be peace officers.
(b) Airport control officers shall be peace officers only when on duty at the airport.
Sec. 6. NRS 706.8824 is hereby amended to read as follows:
760.8824 1. Whenever circumstances require a change in the allocations existing on July 1, 1969, or afterward established, the taxicab authority shall allocate the number of taxicabs among the certificate holders in any county to which NRS 706.881 to 706.885, inclusive, apply.
2. In determining the allocation of taxicabs as set forth in subsection 1, the taxicab authority shall consider:
(a) The needs [and requirements] of residents of the area served by the certificate holders;
(b) The needs [and requirements] of the tourists of the area served by the certificate holders;
(c) The interests, welfare, convenience, necessity and well-being of the public at large in the area served by the certificate holders; and
(d) Any other factors which the administrator considers necessary and proper for determining the allocation.
Sec. 7. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. [The board of county commissioners of any county in which there is in effect a taxicab allocation order of a taxicab authority, and the governing body of each city within any such county, shall pay to the state treasurer all of the tax revenue which is received from the taxicab industry operating in such county and city, respectively. The funds so received by the State of Nevada are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county making the payment to the State of Nevada.
2. For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.] All fees collected pursuant to NRS 706.881 to 706.885, inclusive, shall be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions of each county taxicab authority subject to those sections shall be accounted for separately within the fund.
κ1977 Statutes of Nevada, Page 748 (CHAPTER 388, AB 699)κ
of each county taxicab authority subject to those sections shall be accounted for separately within the fund.
2. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.
3. The fees received pursuant to subsection 3 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.
4. Any balance remaining in the fund shall not revert to the state general fund, but any balance over $100,000 remaining in the fund shall be used to refund certificate holders a pro rata portion of the $100 paid pursuant to NRS 706.8826, not to exceed $95.
5. The administrator may establish a petty cash account not to exceed $100 for the support of undercover investigation and if the account is created the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.
Sec. 8. NRS 706.8826 is hereby amended to read as follows:
706.8826 [On or after July 1, 1971, any] 1. The board of county commissioners of any county in which there is in effect a taxicab allocation order of a taxicab authority, and the governing body of each city within any such county, shall deposit with the state treasurer to the credit of the taxicab authority fund all of the taxi revenue which is received from the taxicab industry operating in such county and city, respectively.
2. For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.
3. Any certificate holder who is subject to an allocation order of the taxicab authority shall pay to the taxicab authority $100 per year for each taxicab that the taxicab authority has allocated to the certificate holder and 5 cents per trip for each compensable trip of each such taxicab, which may be added to the meter charge. The funds so received by the taxicab authority shall be paid to the state treasurer [and are hereby appropriated for the purpose of defraying the costs of regulating taxicabs in the county in which the certificate holder operates a taxicab business. Any balance remaining in such fund shall not revert to the general fund, but any balance over $50,000 remaining in such fund shall be used to refund certificate holders for such portion of the $100 paid as may be possible to a maximum of $95.] for deposit in the state treasury to the credit of the taxicab authority fund.
Sec. 9. NRS 706.8827 is hereby amended to read as follows:
706.8827 1. A person shall not engage in the taxicab business unless he:
(a) Holds a certificate of public convenience and necessity from the public service commission of Nevada issued prior to July 1, 1969, which has not been transferred, revoked or suspended by the taxicab authority; or
(b) [Obtains] Currently holds a certificate of public convenience and necessity from the taxicab authority as provided in [NRS 706.386 to 706.396, inclusive, and NRS 706.406.]
κ1977 Statutes of Nevada, Page 749 (CHAPTER 388, AB 699)κ
necessity from the taxicab authority as provided in [NRS 706.386 to 706.396, inclusive, and NRS 706.406.] this section.
2. Upon the filing of an application for a certificate of public convenience and necessity, the taxicab authority shall fix a time and place for a hearing thereon and shall proceed according to the provisions of the laws of this state made applicable thereto.
3. A nonrefundable fee, not to exceed $200, shall be paid when an application for a certificate of public convenience and necessity is submitted to the taxicab authority. The fee shall be used by the taxicab authority only for costs incurred in conducting an investigation of the application.
[3. A vehicle used as a taxicab in passenger service shall be impounded by the administrator if a certificate of public convenience and necessity has not been issued authorizing its operation.]
4. The taxicab authority may attach to the exercise of the rights granted by such certificate any terms and conditions as in its judgment the public interest may require.
5. The taxicab authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.
6. Any person who has been denied a certificate of public convenience and necessity after hearing shall not be permitted again to file a similar application with the taxicab authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 180 days from the date the certificate was denied.
Sec. 10. NRS 706.8839 is hereby amended to read as follows:
706.8839 1. The administrator may inspect a taxicab at any reasonable time.
2. If the administrator finds that a taxicab is in a condition which violates NRS 706.8837, he shall remove the vehicle from passenger service, shall place an out-of-service sticker on the windshield and shall notify the certificate holder of the defect. The vehicle shall remain out of passenger service until the defect has been remedied and the administrator upon reinspection has approved the vehicle and removed the out-of-service sticker.
3. If the administrator finds that a taxicab is in a condition which violates NRS 706.8838, he shall notify the certificate holder of the improper condition and, after a reasonable time, shall reinspect the vehicle. If upon reinspection the violation has not been corrected, the vehicle shall be removed from service until it is reinspected and approved, as provided in subsection 2.
Sec. 11. NRS 706.8841 is hereby amended to read as follows:
706.8841 1. The administrator shall issue a drivers permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a drivers permit the administrator shall require proof that the applicant:
(a) Has been a resident of the [State of Nevada] state for [6 months] 30 days prior to his application for a permit; and
κ1977 Statutes of Nevada, Page 750 (CHAPTER 388, AB 699)κ
(b) Can read and orally communicate in the English language [.] ; and
(c) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.
2. The administrator may refuse to issue a drivers permit if the applicant has been convicted of:
(a) A felony, other than a felony for a sexual offense, in the State of Nevada or any other state, territory or nation within 5 years before the date of the application, or a felony involving any sexual offense at any time; or
(b) Driving under the influence of intoxicating beverages, dangerous drugs or controlled substances within 3 years before the date of the application.
3. The administrator may refuse to issue a drivers permit if the administrator, after a background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the drivers permit would be detrimental to public health, welfare or safety.
4. A taxicab driver shall pay to the administrator, in advance, the sum of $5 for an original drivers permit and $2.50 for a renewal. [The fees so received by the administrator shall be deposited with the state treasurer for credit to the taxicab authority fund.]
Sec. 12. NRS 706.8846 is hereby amended to read as follows:
706.8846 With respect to a passengers destination, a driver shall not:
1. Deceive or attempt to deceive any passenger who [may ride or desire] rides or desires to ride in his taxicab.
2. Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.
3. Take a longer route to the passengers destination than is necessary, unless specifically requested so to do by the passenger.
4. [Comply] Fail to comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken.
Sec. 13. NRS 706.8848 is hereby amended to read as follows:
706.8848 1. If a driver violates any provision of NRS 706.8844 to 706.8847, inclusive, [within any period of 12 months,] the administrator may impose the following sanctions:
(a) First offense: Warning notice [.] or a fine of not more than $100, or both warning and fine.
(b) Second offense: 1 to 3 days suspension of a drivers permit [.] or a fine of not more than $200, or both suspension and fine.
(c) Third offense: 4 to 6 days suspension of a drivers permit [.] or a fine of not more than $300, or both suspension and fine.
(d) Fourth offense: 10 days suspension of a drivers permit [.] or a fine of not more than $500, or both suspension and fine.
(e) Fifth offense: Revocation of a drivers permit [.] or a fine of not more than $500, or both revocation and fine.
2. Only violations occurring in the 12 months immediately preceding the most current violation shall be considered for the purposes of subsection 1. The administrator shall inspect the drivers record for that period of compute the number of offenses committed.
3. The administrator shall conduct a hearing prior to suspension or revocation of a drivers permit [.]
κ1977 Statutes of Nevada, Page 751 (CHAPTER 388, AB 699)κ
revocation of a drivers permit [.] or imposing a fine under this section or NRS 706.8849.
Sec. 14. NRS 706.8849 is hereby amended to read as follows:
706.8849 1. A taxicab driver shall:
(a) Assure that the fare indicator on the taximeter of his taxicab reads zero prior to the time that the taxicab is engaged.
(b) Assure that the taximeter of his taxicab [registers mileage only while the taxicab is in motion with a passenger and waiting time only while the taxicab is not in motion with a passenger.] is engaged and the flag is rotated to the right so that the stem of the flag is horizontal while the taxicab is on hire.
(c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.
(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.
(e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.
(f) Not permit any person other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab gives permission for such other person to ride in the taxicab, but if permission is given the fare charged by the driver shall be as follows: When the person who has engaged the taxicab is first to leave the taxicab and pay the fare, the taximeter shall be reset to zero.
(g) Not drive a taxicab or go on duty while under the influence of any dangerous drug, narcotic or hallucinogenic drugs or intoxicating liquor or drink intoxicating liquor while on duty.
(h) Not use dangerous drugs, narcotics or hallucinogenic drugs at any time except with a prescription from a physician who is licensed to practice medicine in the State of Nevada.
(i) Not operate a taxicab with an expired drivers permit.
(j) Not operate a taxicab without a drivers permit issued pursuant to NRS 706.8841 in his possession.
(k) [Not work longer than 10 hours continuously.] Obey all provisions and restrictions of his employers certificate of public convenience and necessity.
2. If a driver violates any provision of subsection 1, [within any period of 12 months,] the administrator may, after a hearing, impose the following sanctions:
(a) First offense: 1 to 5 days suspension of a drivers permit [.] or a fine of not more than $100, or both suspension and fine.
(b) Second offense: 6 to 20 days suspension of a drivers permit [.] or a fine of not more than $300, or both suspension and fine.
(c) Third offense: Revocation of a drivers permit [.] or a fine of not more than $500, or both revocation and fine.
3. Only violations occurring in the 12 months immediately preceding the most current violation shall be considered for the purposes of subsection 2. The administrator shall inspect the drivers record for that period to compute the number of offenses committed.
κ1977 Statutes of Nevada, Page 752 (CHAPTER 388, AB 699)κ
Sec. 15. NRS 706.885 is hereby amended to read as follows:
706.885 1. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.
2. The taxicab authority or administrator may at any time, for good cause shown, and upon at least 5 days notice to the grantee of any certificate, permit or license, and after hearing had therefor, penalize such grantee to a maximum amount of $500 or suspend or revoke such certificate, permit or license granted by it or him, respectively, for: [any]
(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or any rule or regulation of the taxicab authority or administrator.
(b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any rule or regulation of the taxicab authority or administrator.
3. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor.
4. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 16. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada shall be deposited in the state general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits of state moneys pursuant to the provisions of this chapter which were attributable during [such] the quarter to the state highway fund, [and] the motor vehicle fund and the taxicab authority fund created by NRS 408.235, [and] NRS 482.180 and NRS 706.8825, respectively;
(b) Apply such proportion to the total amount of interest paid during [such] that quarter to the state treasurer on deposits of state moneys; and
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).
3. The legislators retirement fund, the public employees retirement fund, the state permanent school fund, the silicosis and disabled pension fund and the fish and game fund shall have allocated to it its proportionate share of the interest earned and received, which interest shall be accounted for as income and an asset of such fund.
Sec. 17. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 753κ
Senate Bill No. 341Committee on Government Affairs
CHAPTER 389
AN ACT relating to the legislative counsel bureau; altering the qualifications, powers and duties of the legislative auditor; 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 218.683 is hereby amended to read as follows:
218.683 1. The director of the legislative counsel bureau, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities. The fiscal analysts, legislative auditor, research director and legislative counsel shall perform the respective duties assigned to them by law under the administrative supervision of the director.
2. Except as otherwise provided in this [section,] chapter, the director of the legislative counsel bureau shall, consistent with the budget approved by the legislative commission and within the limits of legislative appropriations and other available funds, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of his duties and the operation of the legislative counsel bureau may require.
3. All of the personnel of the legislative counsel bureau are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the legislative commission shall prescribe.
Sec. 2. NRS 218.740 is hereby amended to read as follows:
218.740 The legislative auditor shall:
1. Be a certified public accountant or public accountant qualified to practice public accounting under the provisions of chapter 628 of NRS.
2. Have 5 years of progressively responsible experience in [general] governmental accounting [.] and auditing.
3. Have a comprehensive knowledge of the principles and practices of public budgeting, governmental accounting, [and the projection of future public revenues.] finance and auditing standards.
4. Have a working knowledge of statistical methods [.] and other techniques of scientific operational analysis.
Sec. 3. NRS 218.767 is hereby amended to read as follows:
218.767 1. The intent of NRS [218.770] 218.740 to 218.890, inclusive, and sections 6 to 8, inclusive, of this act is to provide for the impartial postauditing of each agency of the state government for the purpose of furnishing the legislature with factual information necessary to the discharge of its constitutional duties and by which it may exercise its valid powers.
2. The legislature finds that:
(a) Adequate information is not readily available for each session through which the members of the legislature can determine the needs of the various agencies and departments of the state government, and the postauditing of each agency will furnish necessary information.
κ1977 Statutes of Nevada, Page 754 (CHAPTER 389, SB 341)κ
(b) The legislative session is not adequate time in which to audit each agency and the size and scope of government activity has grown to such an extent in recent years that auditing is a continuing process.
(c) The Federal Government, in an increasing number of cases, is requiring legislative audit and review of state agencies in their handling and use of federal grants of money as a condition of such grants.
[3. It is not the intent of the postaudit functions and duties of the legislative auditor authorized and imposed by law, nor shall it be so construed, to infringe upon nor deprive the executive or judicial branches of state government of any rights, powers or duties vested in or imposed upon them by the constitution of the State of Nevada.]
Sec. 4. NRS 218.770 is hereby amended to read as follows:
218.770 [1.] The powers and duties of the legislative auditor are:
[(a) To perform a postaudit of all accounts, books and other financial records of all state departments that are charged with the collection, custody or expenditure of public funds, and to prepare a written report of each audit for the legislative commission and for such other person or persons as designated in this chapter.
(b) To examine and audit when ordered by the legislative commission all fiscal books, records and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.
(c) To recommend such changes in the accounting system or systems and record or records of the state departments as in his opinion will augment or provide a uniform, adequate and efficient system of records, accounting and reporting.
(d) To determine whether the handling of the public money is protected by adequate accounting controls.
(e) To determine whether all revenues or accounts due have been collected or properly accounted for and whether expenditures have been made in conformance with law and good business practice.
(f) To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.
(g) To determine whether fraud or dishonesty has occurred in the handling of funds or property.
(h) To determine whether property and equipment are properly accounted for and that none is improperly used or disposed of.
(i) To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.
(j) To cooperate with the executive officers of any and all state departments in outlining and installing a uniform, adequate and efficient system of records, accounting and reporting.
(k) To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.
κ1977 Statutes of Nevada, Page 755 (CHAPTER 389, SB 341)κ
(l) To employ and authorize, at his discretion and subject to his direction and responsibility, an independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform an audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited. The provisions of this subsection shall not be applicable to the employment security department.
(m) To make recommendations to the legislative commission for]
1. To perform postaudits as provided by law.
2. To establish procedures, methods and standards of auditing and accounting for the audit division.
3. Within budgetary limitations, to contract for the services of consultants or other professional or technical personnel as his duty to perform postaudits may require, and to fix their fees in an amount which is reasonable and customary for such services.
4. With the approval of the legislative commission, to contract with federal agencies or state departments to perform audits required by federal or state law, if the division may be reimbursed for such audits. Any money received by the division for such audits shall be deposited in the state treasury to the credit of the legislative fund.
5. To recommend to the legislature the enactment or amendment of statutes based upon the results of the performance of his postaudit duties.
[2. After the legislative auditor has furnished a preliminary report to the head of a state department, the legislative auditor or his designated representative shall discuss the report with the head of the state department. If the head of the state department desires, he may submit to the legislative auditor within 10 days after the discussion his written statement of explanation or rebuttal concerning any of the findings, and the legislative auditor shall quote in the final report the officers explanation or rebuttal to any of the findings included in the final report.
3. Each final report shall be submitted to the legislative commission. After such report has been accepted by the legislative commission, copies of each final report shall be filed with the governor, the lieutenant governor, the secretary of state and each member of the legislature.]
Sec. 5. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 8, inclusive, of this act.
Sec. 6. 1. The legislative auditor shall perform a postaudit of all accounts, funds and other financial records of all state departments to determine one or any combination of the following:
(a) The honesty and integrity of fiscal affairs, the accuracy and reliability of financial statements and reports, and the adequacy and effectiveness of financial controls to properly record and safeguard the acquisition, custody and use of public money.
(b) Compliance with all applicable laws and regulations.
κ1977 Statutes of Nevada, Page 756 (CHAPTER 389, SB 341)κ
(c) Whether the operations of the state department have been conducted in accordance with its contractual obligations.
(d) Whether management control and information systems provide an adequate and efficient system of records and accounting.
2. Every officer and employee of a state department shall aid and assist the legislative auditor at such times as he requires in the inspection, examination and audit of any books, accounts and records in their possession.
Sec. 7. The legislative auditor or his designated representative shall furnish a copy of the preliminary audit report to the head of the state department audited and discuss the report with him. The head of the state department may submit to the legislative auditor, within 10 days after the discussion, his written statement of explanation or rebuttal concerning any of the findings, and the legislative auditor shall include in the final report the officers explanation or rebuttal to any of the findings contained in the final report.
Sec. 8. 1. The legislative auditor shall present a final written report of each audit to the legislative commission and furnish copies to all members of the legislature, other appropriate state officers and the head of the agency audited.
2. Except as otherwise required by this chapter, the legislative auditor shall not disclose the content of any audit before it is presented to the legislative commission.
Sec. 9. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Senate Bill No. 328Committee on Environment, Public Resources and Agriculture
CHAPTER 390
AN ACT relating to water controls; permitting the use of treated effluent within the Tahoe Basin; 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 445.110 is hereby amended to read as follows:
445.110 [Nothing in NRS 445.080 to 445.120, inclusive, shall be construed as authorizing or permitting by NRS 445.080 to 445.120, inclusive, rules or regulations, or the permit authorized thereunder, the discharge of sewage, other wastes, effluents or other offensive material into the waters of Lake Tahoe or the Lake Tahoe Watershed.] The provisions of NRS 445.080 to 445.120, inclusive, shall not be construed to authorize the adoption of any regulation or the issuance of any permit pursuant to such regulation, which allows any person to discharge any sewerage, effluents or other wastes or offensive materials into the waters of Lake Tahoe, but these provisions do not preclude a beneficial use of treated effluent within the Lake Tahoe Watershed under a permit issued pursuant to the provisions of NRS 445.131 to 445.354, inclusive.
________
κ1977 Statutes of Nevada, Page 757κ
Assembly Bill No. 657Committee on Government Affairs
CHAPTER 391
AN ACT relating to local government employee-management relations; enabling a local government employer and an employee organization to obtain certain information each from the other; 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 288.180 is hereby amended to read as follows:
288.180 1. Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of such desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give [such] notice on or before January 15.
2. Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested shall be furnished without unnecessary delay. The information shall be accurate, and shall be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept.
3. This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.
Sec. 2. NRS 288.270 is hereby amended to read as follows:
288.270 1. It is a prohibited practice for a local government employer or its designated representative willfully to:
(a) Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.
(b) Dominate, interfere or assist in the formation or administration of any employee organization.
(c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.
(d) Discharge or otherwise discriminate against any employee because he has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because he has formed, joined or chosen to be represented by any employee organization.
(e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150. Bargaining collectively [shall be construed to include] includes the entire bargaining process, including mediation and factfinding, provided for in this chapter.
(f) Discriminate because of race, color, religion, sex, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.
κ1977 Statutes of Nevada, Page 758 (CHAPTER 391, AB 657)κ
(g) Fail to provide the information required by NRS 288.180.
2. It is a prohibited practice for a local government employee or for an employee organization or its designated agent willfully to:
(a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.
(b) Refuse to bargain collectively in good faith with the local government employer, if it is an exclusive representative, as required in NRS 288.150. Bargaining collectively [shall be construed to include] includes the entire bargaining process, including mediation and factfinding, provided for in this chapter.
(c) Discriminate because of race, color, religion, sex, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.
(d) Fail to provide the information required by NRS 288.180.
Sec. 3. NRS 288.280 is hereby amended to read as follows:
288.280 Any controversy concerning prohibited practices may be submitted to the board in the same manner and with the same effect as provided in [subsections 2 and 3 of] NRS 288.110 [.] , except that an alleged failure to provide information as provided by NRS 288.180 shall be heard and determined by the board as soon as possible after the complaint is filed with the board.
________
Assembly Bill No. 263Assemblymen Westall, Schofield, Goodman, Hickey, May, Kosinski, Brookman, Bremner, Barengo, Sena, Murphy, Bennett, Howard, Craddock, Horn, Vergiels, Glover, Price, Coulter, Gomes, Banner, Polish, Demers, Mello, Hayes, Chaney and Robinson
CHAPTER 392
AN ACT relating to the public service commission of Nevada; revising requirements for membership on the commission; 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 703.040 is hereby amended to read as follows:
703.040 1. [One of the commissioners shall be generally familiar with the operation of transportation facilities, and one commissioner shall have a general knowledge of fares and freights and tolls and charges levied and collected by public utilities as defined in chapter 704 of NRS.] All of the commissioners shall be persons who are independent of the industries regulated by the commission and who possess demonstrated competence.
2. No commissioner [shall] may be pecuniarily interested in any public utility in this state or elsewhere.
3. The commissioners shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office of profit.
κ1977 Statutes of Nevada, Page 759 (CHAPTER 392, AB 263)κ
the commission and shall not pursue any other business or vocation or hold any other office of profit.
4. No commissioner [shall] may be a member of any political convention or a member of any committee of any political party.
________
Assembly Bill No. 8Assemblymen Coulter, Polish, Gomes, Robinson, Goodman, Bennett, Wagner, Jeffrey, Howard, Murphy, Kissam, Price, Westall, Vergiels, Kosinski and Moody
CHAPTER 393
AN ACT relating to life-sustaining procedures; permitting any adult person to direct cessation of such procedures for himself if he is in a terminal condition and becomes comatose or otherwise incapable for communicating with his attending physician; 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. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, have meanings ascribed to them in those sections.
Sec. 3. Attending physician means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.
Sec. 4. Declaration means a written document executed by an adult person directing that when he is in a terminal condition and becomes comatose or is otherwise rendered incapable of communicating with his attending physician, life-sustaining procedures shall not be applied.
Sec. 5. Life-sustaining procedure means a medical procedure which utilizes mechanical or other artificial methods to sustain, restore or supplant a vital function. The term does not include medication or procedures necessary to alleviate pain.
Sec. 6. Physician means any person licensed to practice medicine or osteopathy.
Sec. 7. Terminal condition means an incurable condition which is such that the application of life-sustaining procedures serves only to postpone the moment of death.
Sec. 8. Any adult person may execute a declaration directing that when he is in a terminal condition and becomes comatose or is otherwise rendered incapable of communicating with his attending physician, life-sustaining procedures be withheld or withdrawn from him. The person shall execute the declaration in the same manner in which a will is executed, except that a witness may not be:
κ1977 Statutes of Nevada, Page 760 (CHAPTER 393, AB 8)κ
1. Related to the declarant by blood or marriage.
2. The attending physician.
3. An employee of the attending physician or of the hospital or other health and care facility in which the declarant is a patient.
4. A person who has a claim against any portion of the estate of the declarant.
Sec. 9. The declaration shall be in substantially the following form:
DIRECTIVE TO PHYSICIANS
Date......................................
I, ........................................, being of sound mind, intentionally and voluntarily declare:
1. If at any time I am in a terminal condition and become comatose or am otherwise rendered incapable of communicating with my attending physician, and my death is imminent because of an incurable disease, illness or injury, I direct that life-sustaining procedures be withheld or withdrawn, and that I be permitted to die naturally.
2. It is my intention that this directive be honored by my family and attending physician as the final expression of my legal right to refuse medical or surgical treatment and to accept the consequences of my refusal.
3. If I have been found to be pregnant, and that fact is known to my physician, this directive is void during the course of my pregnancy.
I understand the full import of this directive, and I am emotionally and mentally competent to execute it.
Signed...................................................
City, County and State of Residence...................................................
The declarant has been personally known to me and I believe ............................................. to be of sound mind.
Witness...................................................
Witness...................................................
Section 3 of the declaration form should be omitted for male declarants.
The executed declaration, or a copy thereof signed by the declarant and the witnesses, shall be placed in the medical record of the declarant and a notation made of its presence and the date of its execution. A notation of the circumstances and date of removal of a declaration shall be entered in the medical record if the declaration is removed for any reason.
Sec. 10. 1. A declaration may be revoked at any time by the declarant in the same way in which a will may be revoked, or by a verbal expression of intent to revoke. A verbal revocation is effective upon communication to the attending physician by the declarant or another person communicating it on behalf of the declarant. The attending physician shall record the verbal revocation and the date on which he received it in the medical record of the declarant.
2. No person is liable in a civil or criminal action for failure to act upon a revocation of a declaration unless the person had actual knowledge of the revocation.
Sec. 11. No hospital or other health and care facility, physician or person working under the direction of a physician who causes the withholding or withdrawal of life-sustaining procedures from a patient in a terminal condition who has a declaration in effect and has become comatose or has otherwise been rendered incapable of communicating with his attending physician is subject to criminal or civil liability or to a charge of unprofessional conduct or malpractice as a result of an action taken in accordance with sections 8 to 14, inclusive, of this act.
κ1977 Statutes of Nevada, Page 761 (CHAPTER 393, AB 8)κ
comatose or has otherwise been rendered incapable of communicating with his attending physician is subject to criminal or civil liability or to a charge of unprofessional conduct or malpractice as a result of an action taken in accordance with sections 8 to 14, inclusive, of this act.
Sec. 12. 1. If a patient in a terminal condition has a declaration in effect and becomes comatose or is otherwise rendered incapable of communicating with his attending physician, the physician shall give weight to the declaration as evidence of the patients directions regarding the application of life-sustaining procedures, but the attending physician may also consider other factors in determining whether the circumstances warrant following the directions.
2. No hospital or other health care facility, physician or person working under the direction of a physician is subject to criminal or civil liability for failure to follow the directions of the patient to withhold or withdraw life-sustaining procedures.
Sec. 13. 1. A person does not commit suicide by executing a declaration.
2. The execution of a declaration does not restrict, inhibit or impair the sale, procurement or issuance of any policy of insurance, nor shall it be deemed to modify any term of an existing policy of insurance. No policy of life insurance is impaired or invalidated in whole or in part by the withholding or withdrawal of life-sustaining procedures from an insured person, regardless of any term of the policy.
3. No person may require another to execute a declaration as a condition for being insured for or receiving health care services.
Sec. 14. 1. Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration of another without the consent of the declarant is guilty of a misdemeanor.
2. Any person who falsifies or forges a document purporting to be the declaration of another, or who willfully conceals or withholds personal knowledge of a revocation, with the intent to cause a withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant and thereby directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened is guilty of murder.
Sec. 15. Nothing in sections 8 to 10, inclusive, of this act permits any affirmative or deliberate act or omission which ends life other than to permit the natural process of dying.
Sec. 16. Nothing in sections 9 to 14, inclusive, of this act limits the right or responsibility which a person may otherwise have to withhold or withdraw life-sustaining procedures.
Sec. 17. An instrument executed before July 1, 1977, which clearly expresses the intent of the declarant to direct the withholding or withdrawal of life-sustaining procedures from him when he is in a terminal condition and becomes comatose or is otherwise rendered incapable of communicating with his attending physician shall, if executed in a manner which attests voluntary execution and not subsequently revoked, be given the same effect as a declaration prepared and executed in accordance with sections 2 to 16, inclusive, of this act.
________
κ1977 Statutes of Nevada, Page 762κ
Assembly Bill No. 274Committee on Ways and Means
CHAPTER 394
AN ACT making an appropriation from the state general fund to the state board of examiners to pay costs related to the proposed issuance of state general obligation bonds for preserving and obtaining the benefits of natural resources.
[Approved May 7, 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 board of examiners the sum of $40,000 for the purpose of paying the cost of bond counsel, issuance of the prospectus and printing of the bonds connected with the proposed issue of general obligation bonds in the amount of $5,000,000 for the purposes of protecting, preserving and obtaining the benefits of natural resources in Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 621Committee on Judiciary
CHAPTER 395
AN ACT relating to judicial officers; changing qualifications of supreme court justices and district judges; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.020 is hereby amended to read as follows:
2.020 [No] A person shall not be a candidate for or be eligible to the office of justice of the supreme court: [unless:]
1. [He shall have] Unless he has attained the age of 25 years. [at the time of such election; and]
2. [He shall be] Unless he is an attorney [duly] licensed and admitted to practice law in [all] the courts of this state. [; and]
3. [He shall be] Unless he is a qualified elector and has been a bona fide resident of this state for 2 years next preceding the election [.] or appointment.
4. If he has been removed from judicial office by the legislature or removed or retired from judicial office by the commission on judicial discipline.
Sec. 2. NRS 3.060 is hereby amended to read as follows:
3.060 [No] A person shall not be a candidate for or be eligible to the office of district judge: [unless he be a qualified elector of the state and district in which he resides, over the age of 25 years, and an attorney duly licensed and admitted to practice law in all the courts of this state.]
1. Unless he has attained the age of 25 years.
κ1977 Statutes of Nevada, Page 763 (CHAPTER 395, AB 621)κ
2. Unless he is an attorney licensed and admitted to practice law in the courts of this state.
3. Unless he is a qualified elector and has been a bona fide resident of this state for 2 years next preceding the election or appointment.
4. If he has been removed from judicial office by the legislature or removed or retired from judicial office by the commission on judicial discipline.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 138Senators Ashworth, Glaser, Blakemore and Hernstadt
CHAPTER 396
AN ACT relating to the Nevada advisory council for vocational-technical education; repealing the council; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 399.010 to 399.160, inclusive, are hereby repealed.
Sec. 2. The terms of office of all incumbent members of the Nevada advisory council for vocational-technical education on June 30, 1977, expire on that date.
________
Senate Bill No. 40Committee on Government Affairs
CHAPTER 397
AN ACT to amend the title of and to amend an act entitled An Act relating to certain water services and facilities; supplementing chapter 268, Statutes of Nevada 1967; authorizing the acquisition of certain water service facilities and properties appurtenant thereto and the issuance of bonds and other securities by the State of Nevada, acting by and through the division of Colorado River resources of the state department of conservation and natural resources; relating to the construction, other acquisition, equipment, operation, maintenance, improvement and disposition of properties appertaining to such facilities; otherwise concerning such securities and properties, and revenues, taxes and pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto, approved May 17, 1975.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 482, Statutes of Nevada 1975, at page 758, is hereby amended by adding thereto a new section to be designated as section 2.5, which shall immediately follow section 2 and shall read as follows:
κ1977 Statutes of Nevada, Page 764 (CHAPTER 397, SB 40)κ
Sec. 2.5. Electric properties means electric transmission works, properties and appurtenances of an electric supplier.
Sec. 2. Section 5 of the above-entitled act, being chapter 482, Statutes of Nevada 1975, at page 758, is hereby amended to read as follows:
Sec. 5. Project means the construction, other acquisition [and improvement] , improvement and equipment of the federal facilities, as defined in this act [,] and as delineated in the United States Department of Interior, Bureau of Reclamation Definite Plan Report on Southern Nevada Water Project, Nevada (Second Stage), of the electric properties, as defined in this act, and of the state facilities, as defined in this act [,] and as delineated in the Division of Colorado River Resources Alfred Merritt Smith Water Treatment Plant Stage II Expansion Pre-Design Report, by the state, acting by and through the division, as authorized by this act and by other acts supplemental thereto.
Sec. 3. Section 7 of the above-entitled act, being chapter 482, Statutes of Nevada 1975, at page 759, is hereby amended to read as follows:
Sec. 7. 1. The division, on the behalf and in the name of the state, acting by order of the administrator of the division, may:
(a) Acquire, hold [and improve] , improve and equip the facilities;
(b) Acquire, hold, improve [and] , equip and dispose of properties appertaining to the facilities, including without limitation water and water rights, for the benefit and welfare of the people of the state;
(c) Acquire [the facilities,] , improve and equip the facilities and electric properties, wholly or in part, directly by construction contract [or otherwise,] or indirectly by contract with the Federal Government, or otherwise, or any combination thereof, as the division may from time to time determine;
(d) Borrow money and otherwise become obligated in a total principal amount of not exceeding [$60,000,000] $55,000,000 to defray wholly or in part the cost of acquiring, improving and equipping the state facilities, and issue state securities to evidence such obligations; [and]
(e) Borrow money and otherwise become obligated in a total principal amount of not exceeding [$60,000,000] $192,500,000 to defray wholly or in part the cost of acquiring, improving and equipping the federal facilities, and issue state securities to evidence such obligations [.] ; and
(f) Borrow money and otherwise become obligated in a total principal amount not exceeding $5,000,000 to provide funds to defray wholly or in part the cost of acquiring, reconductoring and otherwise improving and equipping electric properties to complement the facilities, and issue state securities to evidence such obligations.
2. The power to issue securities hereunder in a total principal amount of not more than [$60,000,000] $192,500,000 under paragraph (e) of subsection 1 of this section, shall decrease to the extent, for the acquisition of the federal facilities, Congress by federal act appropriates funds, the Office of Management and Budget apportions funds, the Bureau of Reclamation allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to such earnings and any incidental expenses due under such contract; but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state.
κ1977 Statutes of Nevada, Page 765 (CHAPTER 397, SB 40)κ
Budget apportions funds, the Bureau of Reclamation allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to such earnings and any incidental expenses due under such contract; but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state.
Sec. 4. The title of the above-entitled act, being chapter 482, Statutes of Nevada 1975, at page 758, is hereby amended to read as follows:
An Act relating to certain water services and facilities [;] and electric properties complementary thereto; supplementing chapter 268, Statutes of Nevada 1967; authorizing the acquisition of certain water service facilities [and] , properties appurtenant thereto and electric works, properties and appurtenances complementary thereto, and the issuance of bonds and other securities by the State of Nevada, acting by and through the division of Colorado River resources of the state department of conservation and natural resources; relating to the construction, other acquisition, equipment, operation, maintenance, improvement and [disposition] disposal of properties appertaining to such facilities [;] and properties; otherwise concerning such securities, facilities and properties, and revenues, taxes, [and] pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 248Senator Raggio
CHAPTER 398
AN ACT relating to judges; altering procedure for disqualification for bias or prejudice; providing for peremptory challenges; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.230 is hereby amended to read as follows:
1.230 1. A judge shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action.
2. A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity within the third degree.
(c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
κ1977 Statutes of Nevada, Page 766 (CHAPTER 398, SB 248)κ
parties by consanguinity or affinity within the third degree. This paragraph does not apply to the presentation of ex parte or uncontested matters, except in fixing fees for an attorney so related to the judge.
3. A judge, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.
4. [Any party to an action or proceeding, seeking to disqualify a judge for actual or implied bias, shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before such other district judge as the parties may by agreement select, or in absence of such agreement before such judge as shall be appointed by the judge sought to be disqualified.
5. A judge shall not act as such if either party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposite party to the action. The judge shall proceed no further therein but either transfer the action to some other department of the court, if there be more than one department of the court in the district, or request the judge of some other district court of some other district to preside at the hearing and trial of the action. Every affidavit must be filed at least 10 days before the hearing of a contested matter if a judge has been assigned to hear such matter or, if a judge has not been assigned at least 10 days prior to such hearing, the affidavit must be filed when the party or his attorney is notified that a judge has been assigned to hear the matter. No affidavit shall be filed unless accompanied by a certificate of the attorney of record for affiant that the affidavit is made in good faith and not for delay, and the party filing the affidavit for change of judge shall at the time of filing same pay to the clerk of the court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges traveling fund. The right hereby granted may be lost by the failure of a party to comply with the requirements set forth in this subsection or by a waiver in writing executed by the party or by his attorney, and not otherwise. The provisions of this subsection do not apply in delinquency cases in juvenile court proceedings under chapter 62 of NRS.
6. No] A judge or court shall not punish for contempt [anyone making, filing or presenting a charge for disqualification pursuant to subsection 4 or an affidavit pursuant to subsection 5.
7.] any person who proceeds under the provisions of this chapter for a change of judge in a case.
5. This section [shall] does not apply to the arrangement of the calendar or the regulation of the order of business.
[8. Paragraph (d) of subsection 2 shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.]
Sec. 2. NRS 1.240 is hereby amended to read as follows:
1.240 [Not more than one change of judge may be granted in any civil action under the procedure provided by subsection 5 of NRS 1.230, but each party to the action shall have an opportunity to urge his objections to any judge before the action or proceeding is assigned to another judge, and the assignment shall be to the most convenient judge to whom the objections of the parties do not apply or are least applicable.] 1. Any party to any civil action or proceeding pending in any court except the supreme court is entitled to a peremptory challenge against the judge assigned to try or hear the case, subject to the provisions of this section.
κ1977 Statutes of Nevada, Page 767 (CHAPTER 398, SB 248)κ
party to any civil action or proceeding pending in any court except the supreme court is entitled to a peremptory challenge against the judge assigned to try or hear the case, subject to the provisions of this section. The peremptory challenge shall be filed in writing with the clerk of the court in which the case is pending and a copy served on the opposing party. The filing shall be accompanied by a fee of $100 which the clerk shall transmit to the state treasurer. The fee shall be deposited in the state treasury to the credit of the state general fund for the support of district judges travel.
2. Except as provided in subsection 3, the peremptory challenge shall be filed:
(a) Not less than 30 days before the date set for trial or hearing of the case; or
(b) Not less than 3 days before the date set for the hearing of any pretrial matter.
3. If a case is not assigned to a judge before the time required for filing the peremptory challenge, the challenge shall be filed:
(a) Within 3 days after the party or his attorney is notified that the case has been assigned to a judge; or
(b) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,
whichever occurs first.
4. If one of two or more parties on one side of an action or proceeding files a challenge, no other party on that side may file a separate challenge, but each is entitled to notice of the challenge and may file the name of any other judge to whom he would object. When the action or proceeding is transferred, it shall be transferred to a judge to whom none of the parties has objected, or if there is no such judge within the category of judges to whom it may be transferred, then to the judge to whom the fewest parties on that side have objected.
5. The judge against whom a peremptory challenge is filed shall transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district to preside at the trial or hearing of the matter.
6. The provisions of this section do not apply in delinquency cases in juvenile court proceedings under chapter 62 of NRS.
Sec. 3. Chapter 1 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any party to an action or proceeding pending in any court except the supreme court, who seeks to disqualify a judge for actual or implied bias or prejudice shall file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney shall be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as provided in subsection 2, the affidavit shall be filed:
(a) Not less than 20 days before the date set for trial or hearing of the case; or
(b) Not less than 3 days before the date set for the hearing of any pretrial matter.
2. Except as provided in this subsection, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit shall be filed:
κ1977 Statutes of Nevada, Page 768 (CHAPTER 398, SB 248)κ
(a) Within 3 days after the party or his attorney is notified that the case has been assigned to a judge;
(b) Before the hearing of any pretrial matter; or
(c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,
whichever occurs first. If the facts upon which the disqualification of the judge is sought are not known to the party before he is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.
3. The judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:
(a) Immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; or
(b) File a written answer with the clerk of the court within 2 days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of his disqualification. The question of the judges disqualification shall thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:
(1) By the chief judge in judicial districts having more than one judge, or if the chief judge is sought to be disqualified, by the judge having the greatest number of years of service.
(2) By the supreme court in judicial districts having only one judge.
Sec. 4. NRS 34.380 is hereby amended to read as follows:
34.380 1. The writ of habeas corpus may be granted by each justice of the supreme court or judges of district courts at any time; provided:
(a) Each of the justice of the supreme court shall have power to issue writs of habeas corpus to any part of the state, on petition by, or on behalf of any person held in actual custody, and may make such writ returnable before himself or before the supreme court, or before any district court in the state or before any judge of the district court, as provided in section 4 of article VI of the constitution of the State of Nevada.
(b) District judges shall have the power only to issue writs of habeas corpus on petition by, or in behalf of, any person held in actual custody within the judicial district of the district judge to whom application for the writ shall be made, as provided in section 6 of article VI of the constitution of the State of Nevada.
(c) A district court shall not consider any pretrial petition for habeas corpus:
(1) Based on alleged want of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge if such petition is not filed and brought on for hearing before a plea to the charge is entered by the accused or on the accuseds behalf by his counsel or the court.
κ1977 Statutes of Nevada, Page 769 (CHAPTER 398, SB 248)κ
(2) Based on a ground that petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.
2. When an application is made to a justice of the supreme court for a writ of habeas corpus and the same shall be entertained by the justice, or the supreme court, and thereafter denied, the person making such application shall not have the right, nor the power, to submit thereafter an application to the district judge of the district wherein such applicant is held in custody, nor to any other district judge in any other judicial district of the state, which application shall be premised upon the illegality of the same charge upon which such applicant is held in custody.
3. An applicant who has petitioned the district judge of a judicial district, as provided in this chapter, and whose application for such writ is denied, may appeal to the supreme court from the order and judgment of the district judge or district court refusing to grant the writ or to discharge the applicant, but such appeal shall be taken within 15 days from the day of entry of the order or judgment.
4. The State of Nevada is an interested party in habeas corpus proceedings, and, in the event the district judge or district court to whom or to which an application for a writ of habeas corpus has been made shall grant such writ, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; but such appeal shall be taken within 15 days from the day of entry of the order.
5. Whenever an appeal is taken from an order of the district court granting or denying a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the courts right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court of Nevada, as the record on appeal, the original papers on which such petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of such transcript in preference to any request for a transcript in any civil matter. When such appeal is docketed in the supreme court of Nevada, it stands submitted without further briefs or oral argument, unless the supreme court otherwise orders.
6. [NRS 1.230 is applicable] Any procedure provided by law for a change of judge in a civil proceeding before any court of this state, except the supreme court, applies to the proceedings set forth in this section.
________
κ1977 Statutes of Nevada, Page 770κ
Senate Bill No. 322Senators Bryan, Close, Raggio, Wilson, Gojack and Sheerin
CHAPTER 399
AN ACT relating to the conservation of water; imposing restrictions on the amount of water used by certain toilets and shower apparatus; providing for local enforcement; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 444 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, no toilet may be installed after July 1, 1978:
(a) In any new hotel, motel, apartment house or dwelling; or
(b) As part of an addition to or renovation of any hotel, motel, apartment house or dwelling,
if the toilet uses more than 3 1/2 gallons of water for each flushing.
2. Toilets having a capacity of more than 3 1/2 gallons for water may be installed if:
(a) Such toilets are equipped with devices to reduce water consumption to 3 1/2 gallons of water or less for each flushing; or
(b) The drainage system of an existing building requires a greater quantity of water to flush the system adequately.
3. The city or county, acting through its building department or public works department, if any, shall adopt and enforce regulations to enforce the restrictions imposed by this section.
Sec. 3. 1. Except as provided in subsection 2, no shower apparatus may be installed after July 1, 1978:
(a) In any new hotel, motel, apartment house or dwelling; or
(b) As part of an addition to or renovation of any hotel, motel, apartment house or dwelling,
if the apparatus uses more than 4 gallons of water per minute.
2. A shower apparatus which uses more than 4 gallons of water per minute may be installed if it is equipped with a device to reduce water consumption to 4 gallons of water or less per minute.
3. The city or county, acting through its building department or public works department, if any, shall adopt and enforce regulations to enforce the restrictions imposed by this section.
________
κ1977 Statutes of Nevada, Page 771κ
Senate Bill No. 386Committee on Judiciary
CHAPTER 400
AN ACT relating to district courts; prohibiting judges who are removed from office from exercising judicial duties; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.180 is hereby amended to read as follows:
3.180 1. [It shall be lawful for any district judge, at any time within 12 months after the expiration of his term of office or within 12 months after he shall, from any cause, have ceased to exercise the duties of his office, to sign any records of his court that he may have left unsigned at the time of his going out of office.] Any records left unsigned by a district judge at his retirement, resignation or at the expiration of his term of office may be signed by the judge during the 12 months following his departure from office. A district judge removed by the legislature or removed or retired by the commission on judicial discipline, or who resigns or retires during the pendency of a proceeding against him before the commission on judicial discipline, shall not exercise any judicial duties under this section.
2. All judges about to retire from office by reason of resignation or the expiration of their term shall, before such retirement, decide all cases and matters submitted to them and remaining undetermined. The decision or decisions shall be entered in the minutes of the court and, if in writing, shall be filed with the clerk of the court before retirement. The clerk of the court shall serve upon all parties to such case or matter, in the manner provided by law, notice of the entry of judgment with a true copy of the minutes or of the written decision within 90 days from and after the decision shall have been so entered in the minutes or the written decision so filed. The parties, or either or any of them, entitled by law or by lawful order of court duly made and entered before such retirement to present to such judge written findings of fact, conclusions of law, and judgment and decree, may at any time within 8 months from and after such entry or filing of decision deliver to the retiring judge and serve upon all the other parties to any such case or matter, in the manner provided by law, such written findings of fact, conclusions of law, and judgment and decree as they, or either or any of them, may propose in such case or matter litigated and determined therein. In any such case or matter so decided, such other parties thereto so served with such proposed written findings of fact, conclusions of law, and judgment and decree, or either or any of them, may at any time within 30 days from and after such service of the proposed written findings of fact, conclusions of law, and judgment and decree deliver to the retiring judge such written objections and exceptions thereto as legally may be made and taken pursuant to law, and serve the same upon the opposite party or parties in any such case or matter in the manner provided by law. Thereafter at any time within 12 months after such case shall have been so decided and the decision so entered in the minutes of the court or the written decision filed, the former judge so having retired from office may hear, rule upon, allow and determine such objections and exceptions as may have been delivered to him and served upon the opposite party or parties, and settle, sign, and enter the final written findings of fact, conclusions of law, and judgment and decree and file the same with the clerk of the court where such case or matter is pending and cause the same to be served upon the adverse party or parties therein in the manner provided by law or as directed by the former district judge.
κ1977 Statutes of Nevada, Page 772 (CHAPTER 400, SB 386)κ
court or the written decision filed, the former judge so having retired from office may hear, rule upon, allow and determine such objections and exceptions as may have been delivered to him and served upon the opposite party or parties, and settle, sign, and enter the final written findings of fact, conclusions of law, and judgment and decree and file the same with the clerk of the court where such case or matter is pending and cause the same to be served upon the adverse party or parties therein in the manner provided by law or as directed by the former district judge. The acts of such judge in so hearing, ruling upon, allowing and determining such objections and exceptions, and in settling and signing final written findings of fact, conclusions of law, and judgment and decree so settled and signed by him, and also in making any lawful order incident thereto, shall be valid for all purposes as if done prior to his retirement from office.
3. In case of the death, removal by the legislature or removal or retirement by the commission on judicial discipline of a district judge after he has rendered and filed a decision or opinion or caused the same to be entered in the minutes of the court and before the filing of findings or the entry of judgment, the succeeding judge of the court in which such cause was tried shall make an examination of the decision or opinion, the minutes of such cause, the pleadings, the record and reporters notes taken therein, if any, and shall sign and settle the findings, and cause judgment to be entered in the same manner as if such succeeding judge had presided at the trial of the cause.
4. In any case of retirement from office of a district judge, or of his death, or of his ceasing, for any cause, to exercise the duties and functions of his office, and the entry of judgment and decree thereafter as provided for in this section, the party or parties entitled under the law to appeal from any final judgment and decree may take an appeal in the manner provided for by Nevada Rules of Appellate Procedure from any such judgment and decree so entered.
5. The records when thus signed shall have the same legal force and effect that they would be entitled to had they been signed or settled by the judge while in the exercise of his office.
6. The provisions of subsection 5 of this section shall not be deemed to take from the successors of any district judge the power to sign any record as heretofore authorized by law.
________
κ1977 Statutes of Nevada, Page 773κ
Senate Bill No. 263Senator Raggio
CHAPTER 401
AN ACT relating to civil actions; revising certain provisions for the recovery of costs and attorneys fees and for the payment of witnesses fees; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 18 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. For the purposes of NRS 18.010 to 18.150, inclusive, the term costs means:
1. Clerks fees.
2. Reporters fees for depositions, including a reporters fee for one copy of each deposition.
3. Jurors fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.
4. Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.
5. Reasonable fees of not more than three expert witnesses in an amount of not more than $250 for each witness.
6. Reasonable fees of necessary interpreters.
7. The fee of any sheriff or licensed process server for the delivery or service of any summons or subpena used in the action, unless the court determines that the service was not necessary.
8. The fees of the official reporter or reporter pro tempore.
9. Reasonable costs for any bond or undertaking required as part of the action.
Sec. 3. 1. An attorney at law shall have a lien upon any claim, demand or cause of action, including any claim for unliquidated damages, which has been placed in his hands by a client for suit or collection, or upon which a suit or other action has been instituted. The lien is for the amount of any fee which has been agreed upon by the attorney and client. In the absence of an agreement, the lien is for a reasonable fee for the services which the attorney has rendered for the client on account of the suit, claim, demand or action.
2. An attorney perfects his lien by serving notice in writing, in person or by certified mail, return receipt requested, upon his client and upon the party against whom his client has a cause of action, claiming the lien and stating the interest which he has in any cause of action.
3. The lien attaches to any verdict, judgment or decree entered and to any money or property which is recovered on account of the suit or other action, from the time of service of the notices required by this section.
4. On motion filed by an attorney having a lien under this section, his client or any party who has been served with notice of the lien, the court shall, after 5 days notice to all interested parties, adjudicate the rights of the attorney, client or other parties and enforce the lien.
κ1977 Statutes of Nevada, Page 774 (CHAPTER 401, SB 263)κ
court shall, after 5 days notice to all interested parties, adjudicate the rights of the attorney, client or other parties and enforce the lien.
5. Collection of attorneys fees by a lien under this section may be utilized with, after or independently of any other method of collection.
Sec. 4. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. [From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding, including:
(a) Clerks fees.
(b) Costs of depositions obtained by the prevailing party and used by him at the trial.
(c) Jury fees as provided in NRS 6.150.
(d) Witness fees as provided in NRS 50.225, and a reasonable fee of an interpreter not to exceed $250.
2. The court may allow to the prevailing party the fees of not more than three expert witnesses in an amount not to exceed $250 for each witness.]
[3.] 2. The court may make an allowance of attorneys fees to:
(a) The plaintiff as prevailing party when the plaintiff has not recovered more than $10,000; or
(b) The counterclaimant as prevailing party when he has not recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.
3. In awarding attorneys fees the court may pronounce its decision on such fees at the conclusion of the trial or special proceeding without written motion and with or without presentation of additional evidence.
4. No oral application or written motion for attorneys fees alters the effect of a final judgment entered in the action or the time permitted for an appeal therefrom.
5. Subsections 2 to 4, inclusive, do not apply to any action arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorneys fees.
Sec. 5. NRS 18.020 is hereby amended to read as follows:
18.020 Costs shall be allowed of course to the [plaintiff upon a judgment in his favor, from any defendant] prevailing party against any adverse party against whom judgment is rendered, in the following cases:
1. In an action for the recovery of real property.
2. In an action to recover the possession of personal property, where the value of the property amounts to $300 or over; [such] the value shall be determined by the jury, court or master by whom the action is tried.
κ1977 Statutes of Nevada, Page 775 (CHAPTER 401, SB 263)κ
3. In an action for the recovery of money or damages, where the plaintiff recovers $300 or over.
4. In a special proceeding.
5. In an action which involves the title or possession of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in [such] the action if originally commenced in a justice court.
Sec. 6. NRS 18.050 is hereby amended to read as follows:
18.050 In other actions than those mentioned in NRS 18.020, costs may be allowed or not, and if allowed may be apportioned between the parties, or on the same or adverse sides, in the discretion of the court, but no costs shall be allowed in any action for the recovery of money or damages when the plaintiff recovers less than $300, nor in any action to recover the possession of personal property when the value of the property is less than $300; provided, that if, in the judgment of the court, the plaintiff believes he was justified in bringing the action in the district court, and he recovers at least $150 in money or damages, or personal property of that value, the court may, in its discretion, allow the plaintiff part or all of his costs. [When there are several defendants in the actions mentioned in NRS 18.020, not united in interest, and making the separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court shall award costs to such of the defendants as have judgment in their favor.]
Sec. 7. NRS 18.070 is hereby amended to read as follows:
18.070 1. When an application is made to a court or master to postpone a trial, the payment of costs, occasioned by the postponement may be imposed, in the discretion of the court or master, as a condition of granting the [same.] postponement.
2. A court may impose costs and reasonable attorneys fees against a party or an attorney who, in the judgment of the court, purposely caused a mistrial to occur.
Sec. 8. NRS 18.110 is hereby amended to read as follows:
18.110 1. The party in whose favor judgment is rendered, and who claims his costs, must [deliver to] file with the clerk, and serve a copy upon the adverse party, within 5 days after [the verdict or notice of] the entry of judgment, [of the court or master,] or such further time as the court or judge may grant, a memorandum of the items of his costs [and necessary disbursements] in the action or proceeding, which memorandum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the items are correct, and that the [disbursements] costs have been necessarily incurred in the action or proceeding.
2. He shall be entitled to recover the witness fees, although at the time he may not actually have paid them. Issuance or service of subpena shall not be necessary to entitle a prevailing party to tax, as costs, witness fees and mileage, provided that such witnesses be sworn and testify the cause.
3. It shall not be necessary to embody in the memorandum the fees of the clerk, but the clerk shall add the same according to his fees fixed by statute.
κ1977 Statutes of Nevada, Page 776 (CHAPTER 401, SB 263)κ
4. Within 3 days after service of a copy of the memorandum, the adverse party may move the court, upon 2 days notice, to retax and settle the costs, notice of which motion shall be filed and served on the prevailing party claiming costs. Upon the hearing of the motion the court or judge [in chambers] shall settle the costs.
Sec. 9. NRS 18.150 is hereby amended to read as follows:
18.150 1. When the state is a party, and costs or attorneys fees are awarded against it, they must be paid out of the state treasury.
2. When a county is a party, and costs or attorneys fees are awarded against it, they must be paid out of the county treasury.
Sec. 10. Chapter 7 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An attorney who has been discharged by his client shall, upon demand and payment of the fee due from the client, immediately deliver to the client all papers, documents, pleadings and items of tangible personal property which belong to or were prepared for that client.
2. A client who, after demand therefor and payment of the fee due from him, does not receive from his discharged attorney all papers, documents, pleadings and items of tangible personal property may, by a motion filed after at least 5 days notice to the attorney, obtain an order for the production of his papers, documents, pleadings and other property. If the court finds that an attorney has, without just cause, refused or neglected to obey its order given under this section, the court may, after notice and hearing, adjudge the attorney guilty of contempt and may find or imprison him until the contempt is purged. If the court finds that the attorney has, without just cause, withheld the clients papers, documents, pleadings or other property, the attorney is liable for costs and attorneys fees.
3. An attorney who is in doubt as to the ownership of papers, documents, pleadings or other property may deposit the materials with the clerk of the court. The clerk shall immediately seal the materials to protect the privacy and privilege of the clients and interested persons and notify each interested person of the deposit. Upon a petition filed by a client or other interested person, any court shall, after giving at least 5 days notice to all other interested persons, adjudicate the rights of persons claiming an interest in the materials and make necessary orders under the circumstances of the case.
Sec. 11. NRS 50.225 is hereby amended to read as follows:
50.225 Witnesses required to attend in the courts of this state [shall] are entitled to receive the following compensation:
1. For attending in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpena, $15 for each days attendance, which shall include Sundays and holidays.
2. Mileage shall be allowed and paid at the rate of 15 cents a mile, one way only, for each mile necessarily and actually traveled from the place of residence by the shortest and most practical route, [provided:] but:
(a) [That no] A person shall not be obliged to testify in a civil action or proceeding unless his mileage and at least 1 days fees have been paid him [if he demanded the same.] ; and
κ1977 Statutes of Nevada, Page 777 (CHAPTER 401, SB 263)κ
(b) [That any] Any person [being] in attendance at the trial and sworn as a witness [shall be] is entitled to witness fees irrespective of service of subpena.
3. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.
Sec. 12. NRS 18.040, 18.045 and 18.100 are hereby repealed.
________
Senate Bill No. 401Senator Glaser
CHAPTER 402
AN ACT relating to animals running at large; authorizing the capture of wild horses and burros by means of aircraft and motor vehicles; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 569.420 is hereby amended to read as follows:
569.420 [1. It shall be] It is unlawful for any person, under the provisions of NRS 569.360 to 569.430, inclusive, [:
(a) To hunt wild horses, mares, colts or burros by means of airborne vehicles of any kind or motor-driven vehicles of any kind.
(b) To] to pollute watering holes in order to trap, kill, wound or maim [such animals.
2. The provisions of NRS 569.360 to 569.430, inclusive, shall not be construed to conflict with the provisions of any federal law or regulation governing the hunting or driving of horses, mares, colts or burros by means of airborne or motor-driven vehicles.] any wild horses, mares, colts or burros.
________
Senate Bill No. 420Committee on Government Affairs
CHAPTER 403
AN ACT relating to county hospitals and districts; adding to the kinds of bonds which may be issued for hospital purposes; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.290 is hereby amended to read as follows:
450.290 1. Subject to the provisions of NRS 450.010 to 450.510, inclusive, for any hospital project stated in a bond question approved as provided in NRS 350.070, the board of county commissioners, at any time or from time to time, in the name and on the behalf of the county, may issue:
κ1977 Statutes of Nevada, Page 778 (CHAPTER 403, SB 420)κ
inclusive, for any hospital project stated in a bond question approved as provided in NRS 350.070, the board of county commissioners, at any time or from time to time, in the name and on the behalf of the county, may issue:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of [such] the hospital facilities, and, if so determined by the board of county commissioners, further secured by a pledge of [such other] gross or net revenues [as may be] derived from any other income-producing project of the county or from any license or other excise taxes levied by the county for revenue, as may be legally made available for their payment.
2. The board of county commissioners of any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in the name and on behalf of the county, may issue, for any hospital project, without the securities being authorized at any election [, special] :
(a) Special obligation municipal securities payable solely from net revenues or gross revenues derived from the operation of hospital facilities.
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of hospital facilities. The board of county commissioners may use for the payment of principal or interest of such bonds, or both, any other revenue available to the county. Bonds may be issued under the authority of this paragraph only if their principal amount, plus the principal amount of any previously so issued, does not exceed 1 percent of the assessed valuation of all taxable property in the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 616Committee on Agriculture
CHAPTER 404
AN ACT relating to protection of flora; providing for the protection of cacti and yucca; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.060 is hereby amended to read as follows:
527.060 [For the purpose of NRS 527.060 to 527.120, inclusive, a Christmas tree shall include any evergreen tree or part thereof cut and removed from the place where grown without the foliage having been removed.] As used in NRS 527.060 to 527.120, inclusive, unless the context otherwise requires:
κ1977 Statutes of Nevada, Page 779 (CHAPTER 404, AB 616)κ
1. Cactus includes any member of the Cactaceae family.
2. Christmas tree includes any evergreen tree or part thereof cut and removed from the place where grown without the foliage being removed.
3. Yucca includes any member of the genus Yucca.
Sec. 2. NRS 527.070 is hereby amended to read as follows:
527.070 1. For the purpose of NRS 527.060 to 527.120, inclusive, the [cutting] removal or possession of Christmas trees, cacti or yucca for commercial purposes [shall mean the cutting] means the removal or possession of six or more [Christmas trees] of such plants in any 1 calendar day or the [cutting] removal or possession of less than six [Christmas trees] of such plants each for 7 or more consecutive calendar days [.] , except removal or possession of the plants for scientific or educational purposes with the permission of the owner of the plants.
2. A person proposing to [cut Christmas trees] remove or possess any Christmas tree, cactus or yucca for commercial purposes on any state, county or privately owned lands shall [give notice to that effect to] notify the state forester firewarden. Upon receipt of such notice the state forester firewarden shall provide the person with registration forms, and such forms must be completed and returned to the state forester firewarden at least 10 days [prior to the commencement of cutting operations.] before removal or possession of the plant. If it [shall appear] appears to the state forester firewarden that the person who has registered is entitled to [cut the Christmas trees,] remove or possess the plant, he shall issue a permit to ship the [same,] plant, and a sufficient number of tags so that each [tree cut] plant may be tagged if the source of the [trees] plants to be [cut] removed or possessed is not federal land.
Sec. 3. NRS 527.080 is hereby amended to read as follows:
527.080 1. [Trees cut for Christmas trees] Christmas trees, cacti or yucca which are removed or possessed for commercial purposes in Nevada and which are to be transported by railroad or other means to other localities in or out of the State of Nevada must be accompanied by a shipping permit issued by the state forester firewarden, or his duly authorized agent.
2. [Trees] Christmas trees, cacti or yucca which are shipped into the State of Nevada must be accompanied by a shipping permit if required by the laws of the state of origin, or by a duly notarized permit or contract signed by the landowner, or his authorized agent, showing the origin by legal land description and the number of [trees cut] plants in the lot being transported.
Sec. 4. NRS 527.090 is hereby amended to read as follows:
527.090 1. All [trees cut for Christmas trees] Christmas trees, cacti or yucca removed or possessed for commercial purposes must have attached thereto a tag issued by the state forester firewarden, by the Bureau of Land Management or by the United States Forest Service.
2. The state forester firewarden may charge a reasonable fee [or not more than 10 cents per] for each tag to help defray costs to the state for enforcement of the [Christmas tree laws. Moneys] laws regulating removal or possession of Christmas trees, cacti or yucca. Money collected by the state forester firewarden shall be deposited in the appropriate fund of the state forester firewarden.
κ1977 Statutes of Nevada, Page 780 (CHAPTER 404, AB 616)κ
Sec. 5. NRS 527.100 is hereby amended to read as follows:
527.100 1. Except as otherwise provided by law, it [shall be] is unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, [or] remove [any tree] or possess any Christmas tree, cactus, yucca or branches thereof, or knowingly transport or sell any [tree] Christmas tree, cactus, yucca or its branches from any of the lands owned by or under the jurisdiction of the State of Nevada or its counties, or on any reserved or unreserved lands owned by the United States, or from any privately owned lands, without written permission from the legal owner, or his duly authorized agent, specifying locality by legal land description and number of [trees to be cut.] plants to be removed or possessed.
2. For the purpose of sustaining productivity and preservation of the water-supplying functions of Nevada forest lands, the state forester firewarden, with the approval of the state board of forestry and fire control, shall adopt such reasonable regulations governing [cutting, stump heights, skidding and other Christmas tree cutting practices] removal or possession of Christmas trees, cacti or yucca as are deemed necessary.
3. This section [shall] does not apply to necessary cutting or trimming of [trees] such plants if done for maintenance of electric powerlines, telephone lines or other property of a public utility, or to a logging operation.
Sec. 6. NRS 527.110 is hereby amended to read as follows:
527.110 1. [The] Except as provided in subsection 3, the state forester firewarden, or his duly authorized agent, officials of the United States Forest Service or of the Bureau of Land Management, and peace officers are hereby authorized to confiscate [trees] Christmas trees, cacti or yucca which [have been cut] are removed or possessed in a manner not authorized by law. [Trees] Plants which are confiscated shall be sold to the highest bidder therefor, by the sheriff of the county wherein the [trees] plants were confiscated. The sale shall be held by the sheriff in a like manner as on an execution.
2. If it is determined that the [trees] plants originated on privately owned lands, the owner thereof shall be notified of the sale, and the proceeds of the sale, after deducting the cost thereof, shall be paid over to the owner.
3. If the owner of the lands cannot be determined, or if the [trees] plants originated on state lands, the state forester firewarden may dispose of the plants without selling them to the highest bidder. If the plants are sold, the net proceeds of sale shall be deposited in the state general fund. [of the state.]
4. If the [trees] plants originated on land owned by the Government of the United States, the net proceeds shall be paid over to the federal agency administering [such] the land.
Sec. 7. NRS 527.120 is hereby amended to read as follows:
527.120 Every person who [shall violate] violates any provision of NRS 527.060 to 527.110, inclusive, not otherwise punishable, [shall be] is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than [$10.] $100.
________
κ1977 Statutes of Nevada, Page 781κ
Assembly Bill No. 661Assemblymen Mello, Weise, Murphy, Barengo, Ross, Bremner, Glover, Kosinski, Howard, Vergiels, Dini, Polish, Robinson, Westall, Hickey, Demers, Harmon, Hayes, Brookman, Jacobsen, Serpa, Rhoads, Wagner, Jeffrey and Chaney
CHAPTER 405
AN ACT making an appropriation to the state public works board as a contribution for the restoration of Morrill Hall on the campus of the University of Nevada, Reno; and providing other matters properly relating thereto.
[Approved May 7, 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 $100,000 for the purpose of contributing to the project of restoring Morrill Hall on the campus of the University of Nevada, Reno.
Sec. 2. The state public works board is authorized to give final approval to the plans and specifications necessary for the restoration of Morrill Hall, which have been prepared in accordance with an existing agreement between the board of regents of the University of Nevada, the University of Nevada Alumni Association, Inc., and the state public works board.
Sec. 3. All work performed pursuant to section 1 of this act shall be approved by the state public works board, and each contract document shall be approved by the attorney general.
Sec. 4. Except as provided in section 5 of this act, the state public works board shall advertise for sealed bids for the project or each phase of the project in a newspaper of general circulation in the State of Nevada. Approved plans and specifications shall be filed at a place and time stated in the advertisement for inspection by interested persons. The board may accept bids on the whole project or on one or more phases of the project, and may let separate contracts or combination of contracts for structural, mechanical and electrical construction as needed. Any or all bids may be rejected for any good reason.
Sec. 5. The state public works board may, without advertising, solicit bids from two or more contractors doing business in the area of the project if the estimated cost for the phase of the project to be bid is estimated to be less than $5,000 and may award the contract to the lowest bidder or reject all bids.
Sec. 6. Section 3 of chapter 448, Statutes of Nevada 1975, at page 668, is hereby amended to read as follows:
Sec. 3. [If this appropriation is not so made available on or before July 1, 1977, or if any part of it is not required for the purposes stated, the appropriation or part not required shall revert to the general fund in the state treasury on July 1, 1977, or completion of the work, as the case may be.] The unexpended balance of the appropriation made under section 1 of this act shall revert to the state general fund on the effective date of A.B. 661 of the 59th session of the Nevada legislature.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 782κ
Assembly Bill No. 100Committee on Taxation
CHAPTER 406
AN ACT relating to taxation; providing for licensing of retail dealers in cigarettes and for direct taxation of the consumers of cigarettes; permitting the governing body of an Indian reservation or colony to impose an excise tax on the sale of cigarettes; providing for refunds in certain instances; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 370.010 to 370.055, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. All taxes paid under the provisions of this chapter are direct taxes upon the consumer and are precollected for convenience only. Taxes paid by persons other than the consumer are advances, and shall be added to the selling price of the cigarettes.
Sec. 4. There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of tax payment to each package, packet or container in which cigarettes are sold. The tax shall be precollected by the wholesale or retail dealer, and shall be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 4.5. 1. The governing body of an Indian reservation or Indian colony may impose an excise tax on any cigarettes sold on the reservation or colony.
2. If an excise tax is imposed, the governing body may establish procedures for collecting the excise tax from any cigarette dealer authorized to do business on the reservation or colony.
Sec. 5. NRS 370.010 is hereby amended to read as follows:
370.010 [As used in this chapter, cigarette] Cigarette means all rolled tobacco or substitutes therefor wrapped in paper or any substitute other than tobacco.
Sec. 6. NRS 370.015 is hereby amended to read as follows:
370.015 [As used in this chapter, cigarette] Cigarette vending machine operator means any person licensed to sell only Nevada stamped cigarettes by means of coin-operated machines anywhere in Nevada.
Sec. 7. NRS 370.020 is hereby amended to read as follows:
370.020 [As used in this chapter, consumer] Consumer means any person [who is not a wholesale dealer or a retail dealer and] who comes into possession of cigarettes in this state as a final user for any purpose other than offering them for sale as a wholesale or retail dealer.
Sec. 8. NRS 370.025 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 783 (CHAPTER 406, AB 100)κ
370.025 [As used in this chapter, contraband] Contraband cigarettes means any cigarettes exported from or imported into this state by any person in violation of any of the provisions of this chapter or which are, in any way, held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess [such] these cigarettes.
Sec. 9. NRS 370.030 is hereby amended to read as follows:
370.030 [As used in this chapter, person] Person means one or more [individuals,] natural persons, a firm, association, partnership or a corporation.
Sec. 10. NRS 370.033 is hereby amended to read as follows:
370.033 [As used in this chapter, retail] Retail dealer means any person who offers to sell cigarettes at retail or who is engaged in selling cigarettes at retail.
Sec. 11. NRS 370.035 is hereby amended to read as follows:
370.035 [As used in this chapter, sale] Sale or to sell includes any of the following:
1. To exchange, barter, possess or traffic in;
2. To solicit or receive an order for;
3. To keep or expose for sale;
4. To deliver for value;
5. To peddle;
6. To possess with intent to sell;
7. To transfer to anyone for sale or resale;
8. To possess or transport in contravention of this chapter;
9. To traffic in for any consideration, promised or obtained directly or indirectly; or
10. To procure or allow to be procured for any reason.
Sec. 12. NRS 370.055 is hereby amended to read as follows:
370.055 [As used in this chapter, wholesale dealer means any person licensed to sell either cigarette revenue adhesive stamped or metered machine revenue impression stamped cigarettes to Nevada retail dealers, other Nevada licensed wholesalers or Nevada cigarette vending machine operators.] Wholesale dealer means:
1. Any person who brings or causes to be brought into this state unstamped cigarettes purchased from the manufacturer or another wholesaler, and who stores, sells or otherwise disposes of them within the state; and
2. Any person who manufacturers or produces cigarettes within this state and who sells or distributes them within the state.
Sec. 13. NRS 370.060 is hereby amended to read as follows:
370.060 The department [is empowered to] may make all necessary [rules and] regulations for the administration and enforcement of this chapter [.] , including:
1. Necessary regulations for the keeping of records to insure compliance with this chapter by persons dealing in both taxable and exempt cigarettes.
2. Regulations authorizing persons other than dealers to possess unstamped cigarettes.
Sec. 14. NRS 370.080 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 784 (CHAPTER 406, AB 100)κ
370.080 A person shall not engage in business as a [wholesale] dealer of cigarettes in the State of Nevada unless he first secures a wholesale or retail cigarette dealers license from the department.
Sec. 15. NRS 370.090 is hereby amended to read as follows:
370.090 Each applicant for a wholesale cigarette dealers license and each wholesale licensee shall:
1. Establish and maintain a place of business in the State of Nevada; and
2. Keep on hand therein at all times cigarettes of a wholesale value of at least $10,000.
3. The provisions of this section do not apply to any person who [is] was a wholesale dealer on June 30, 1973.
Sec. 16. NRS 370.100 is hereby amended to read as follows:
370.100 An application for a [wholesale] cigarette dealers license shall:
1. Be made to the department on [such form as] forms prescribed by the department. [shall prescribe.]
2. Include the name and address of the applicant. If the applicant is a partnership, the application shall include the names and addresses of all partners. If the applicant is a corporation, association or other organization, the application shall include the names and addresses of the president, vice president, secretary and managing officer or officers.
3. Specify the location, by street and number, of the premises for which the license is sought.
4. Be accompanied by the required license fee.
5. Be accompanied by a certified copy of the certificate required by NRS 602.010.
Sec. 17. NRS 370.110 is hereby amended to read as follows:
370.110 [Upon receiving payment therefor, the department is authorized to issue a wholesale cigarette dealers license to any qualified person in the State of Nevada.] The department may issue a wholesale cigarette dealers license without payment of fees to any applicant who is authorized to do business on an Indian reservation or Indian colony or upon a military or other federal reservation.
Sec. 18. NRS 370.120 is hereby amended to read as follows:
370.120 [Every wholesale] Each cigarette dealers license issued under this chapter shall set forth:
1. The name of the person to whom it is issued. If the license is issued under a fictitious name, the license shall also set forth the name [or names] of each of the persons conducting the business under the fictitious name.
2. The location, by street and number, of the premises for which the license is issued.
Sec. 19. NRS 370.130 is hereby amended to read as follows:
370.130 Each [wholesale] holder of a cigarette dealers license shall:
1. [Be signed by the licensee or the authorized representative of the licensee.
2. Be posted] Sign his license or cause an authorized representative to sign it.
κ1977 Statutes of Nevada, Page 785 (CHAPTER 406, AB 100)κ
2. Post the license in a conspicuous place in the premises for which it was issued.
[3. Be]
Licenses issued under the provisions of this chapter are nontransferable, except that upon prior written notice to the department the location of the premises for which it was issued may be changed.
Sec. 20. NRS 370.150 is hereby amended to read as follows:
370.150 1. The department shall not charge license fees for a retail cigarette dealers license.
2. An annual license fee of $150 shall be charged for [a] each wholesale cigarette dealers license. If any license, [except] other than the renewal of a delinquent license, is issued at any time during the year other than on January 1, the licensee shall pay a proportionate part of the annual fee for the remainder of the year [which, in any event, shall not be] , but not less than 25 percent of the annual license fee.
[2. License] 3. Wholesale cigarette dealers license fees [shall be] are due and payable on January 1 of each year. If the annual license fee is not paid by January 15, the license [shall be] is canceled automatically.
[3. A license] 4. A wholesale cigarette dealers license which is canceled for nonpayment of the annual license fee may be renewed at any time by the payment of the fee plus a 5 percent penalty thereon.
Sec. 21. NRS 370.155 is hereby amended to read as follows:
370.155 1. Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes [due or to become due from] required to be precollected by him under the provisions of this chapter. Each bond shall be in a principal sum equal to the [greatest excise tax paid] largest amount of tax precollected by the wholesale cigarette dealer in any quarter of the preceding year, or if [such standard] the information to establish that amount is not available, then in a sum required from a licensee operating under conditions deemed comparable by the department. [In no case shall a] No bond may be for [an amount] less than $1,000. When cash or a certificate of deposit or investment certificate is used, the amount [so fixed] shall be rounded [off] up to the next larger integral multiple of $100.
2. The bond or undertaking shall be acceptable to and approved by the department, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The department shall deposit all [such] United States Government bonds and cash deposits with the state treasurer. [as custodian thereof.]
3. [Notwithstanding any other provision of this section:
(a)] Upon application and a satisfactory showing [therefor] , the department may [, from time to time,] increase or decrease the amount of the required bond, [having consideration for] based on the amount of excise tax [paid] precollected by the wholesale cigarette dealer.
[(b)] 4. The department may waive the requirement of a bond [pursuant to this section] whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes for a period of [not less than] 5 consecutive years.
Sec. 22. NRS 370.190 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 786 (CHAPTER 406, AB 100)κ
370.190 1. The department is authorized, upon receiving payment therefor, to sell Nevada cigarette revenue stamps only to a licensed [wholesale dealer as defined in NRS 370.055.] dealer.
2. [By regulation, the] The department may provide by regulation for payment of the tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked Tax Paid.
Sec. 23. NRS 370.210 is hereby amended to read as follows:
370.210 A person shall not affix cigarette revenue stamps or metered machine impressions to any package, packet or container of cigarettes except [in and] upon the premises described in the license of a [wholesale] cigarette dealer [.] within this state, or upon other premises within this state where authorized by regulation.
Sec. 24. NRS 370.220 is hereby amended to read as follows:
370.220 1. In the sale of any cigarette revenue stamps or any metered machine settings to a licensed [wholesale] cigarette dealer, the department and its agents [are authorized and directed to] shall allow the purchaser a discount of 4 percent for the services rendered [by the licensed wholesale cigarette dealer] in affixing cigarette revenue stamps or metered machine impressions to the cigarette packages.
Sec. 25. NRS 370.240 is hereby amended to read as follows:
370.240 1. Each [wholesale cigarette dealer licensed under this chapter] dealer authorized to purchase or affix cigarette revenue stamps shall report to the department:
(a) The inventory of all cigarettes in his possession or control at the close of business on the last day of each month.
(b) The total value of all cigarette revenue stamps affixed by him upon cigarette packages sold in or shipped into the state by him during the preceding month.
2. The report shall be made by the 15th day of the month following [such] shipments upon form to be provided by the department.
3. The dealer may [have up to] be allowed 15 additional days to file [such] his report, if [beforehand] he makes prior written application to the department and the department finds good cause for [such] extension.
Sec. 26. NRS 370.250 is hereby amended to read as follows:
370.250 1. If any [wholesale] dealer in cigarettes upon which a precollected or advance tax is required to be paid fails to [make a] report to the department or its agents on or before the date due, the department may suspend his license or permit until the report is received and found to be correct.
2. The department may temporarily suspend or permanently revoke the licenses of any [wholesale] cigarette dealer for violating, or causing or permitting to be violated, any of the provisions of this chapter.
Sec. 27. NRS 370.255 is hereby amended to read as follows:
370.255 Each [wholesale cigarette dealer licensed under this chapter] dealer authorized to purchase or affix cigarette revenue stamps shall maintain records of all cigarettes received, sold or distributed by him. Each [such] dealer shall also obtain and keep receipts, freight bills, invoices and other documents necessary to substantiate [such] his records. [Such records] Records and documents shall be kept at [such] the dealers place of business in Nevada for not less than 4 years unless the department authorizes, in writing, their earlier removal or destruction.
κ1977 Statutes of Nevada, Page 787 (CHAPTER 406, AB 100)κ
the dealers place of business in Nevada for not less than 4 years unless the department authorizes, in writing, their earlier removal or destruction.
Sec. 28. NRS 370.257 is hereby amended to read as follows:
370.257 The department may audit the records of each [wholesale dealer licensed under this chapter] dealer authorized to purchase or affix cigarette revenue stamps to determine that the dealer has complied with the provisions of this chapter.
Sec. 29. NRS 370.265 is hereby amended to read as follows:
370.265 Remittances due the department by any licensed [wholesale] cigarette dealer for stamps purchased during any calendar month shall be due and payable to the department not later than the 10th day of the following calendar month. Any [wholesaler] dealer who fails to pay [his] the excise tax due on or before the 10th day of the month shall pay a penalty of 5 percent of the tax in addition to the tax, with interest at the rate of 1 percent per month or fraction thereof from the date on which the tax becomes due [and payable to the state] until the date of payment.
Sec. 30. NRS 370.270 is hereby amended to read as follows:
370.270 1. Every retail dealer making a sale or sales to a customer shall, at the time of [such] sale, see that each package, packet or container has the Nevada cigarette revenue stamp or metered stamping machine indicia properly affixed. [to each package, packet or container.]
2. Every cigarette vending machine operator placing cigarettes in his coin-operated cigarette vending machines for sale to the ultimate consumers shall at the time of placing [such cigarettes] them in his machine see that each package, packet or container has the Nevada cigarette revenue stamp or metered stamping machine indicia properly affixed. [to each package, packet or container.]
3. No unstamped packages, packets or containers of cigarettes [can] may lawfully be accepted or held in the possession of [a retail cigarette dealer, a cigarette vending machine operator or any other person except a licensed Nevada wholesale dealer.] any person, except as authorized by law or regulation. For the purposes of this subsection, held in possession means:
(a) In the [direct or physical] actual possession of the person; or
(b) In the constructive possession of the person when cigarettes are being transported or held for him or for his designee by another person. Constructive possession is deemed to occur at the location of the cigarettes being [so] transported or held.
4. [It is unlawful for any person other than a licensed wholesale cigarette dealer to have in his possession any package, packet or container of cigarettes which do not bear cigarette revenue stamps in accordance with NRS 370.170 and 370.180, unless otherwise provided in this chapter.
5.] Any cigarettes found in the possession of any person except a [licensed Nevada wholesale dealer] person authorized by law or regulation to possess them, which do not bear indicia of Nevada excise tax stamping, shall be seized by the department or any of its agents, and caused to be stamped by a licensed cigarette [wholesaler,] dealer, or confiscated and sold by the department or its agents to the highest bidder among the licensed wholesale dealers in this state after due notice to all licensed Nevada wholesale dealers by mail to the [respective] addresses contained in department records.
κ1977 Statutes of Nevada, Page 788 (CHAPTER 406, AB 100)κ
among the licensed wholesale dealers in this state after due notice to all licensed Nevada wholesale dealers by mail to the [respective] addresses contained in department records. If there is no [such] bidder, or in the opinion of the department the quality of the cigarettes is insufficient, or for any other reason such disposition would be impractical, the cigarettes shall be destroyed or disposed of as the department may see fit. The proceeds of all [such] sales shall be classed as revenues derived under the provisions of this chapter.
[6.] 5. Any cigarette vending machine in which [such] unstamped cigarettes are found may be so seized and sold to the highest bidder.
Sec. 31. NRS 370.280 is hereby amended to read as follows:
370.280 1. Upon proof satisfactory to the department, refunds shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed, [on any such tax so paid,] upon cigarettes that are sold to:
(a) The United States Government for Army, Air Force, Navy or Marine Corps purposes and are shipped to a point within this state to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes; [or]
(b) Veterans hospitals for distribution or sale to disabled service or ex-service men interned therein, but not to civilians or civilian employees [.] ;
(c) Any person if sold and delivered on an Indian reservation or colony where an excise tax has been imposed which is equal to or greater than the rate of the cigarette tax imposed under this chapter; or
(d) An Indian if sold and delivered on an Indian reservation or colony where no excise tax has been imposed or the excise tax is less than the rate of the cigarette tax imposed under this chapter.
2. Upon proof satisfactory to the department, refunds shall be allowed to [licensed wholesale] cigarette dealers, or to manufacturers or their representatives, for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed [on any such tax so paid,] upon cigarettes destroyed [after March 26, 1959,] because [such] the cigarettes had become stale. Applications for refunds shall be submitted in an amount of not less than $15 and shall be accompanied by an affidavit of the applicant setting forth:
(a) The number of packages of cigarettes destroyed for which refund is claimed;
(b) The date or dates on which [such] the cigarettes were destroyed and the place where destroyed;
(c) That the cigarettes were actually destroyed because they had become stale;
(d) By whom [such] the cigarettes were destroyed; and
(e) [Such other information as] Other information which the department may require.
3. Upon proof satisfactory to the department, refunds may be allowed to licensed wholesale cigarette dealers for the face value of the cigarette metered machine stamp tax paid, less any discount previously allowed [on any such tax so paid,] upon:
(a) The balance of unused stamps on the descending register of a cigarette meter machine destroyed by fire, if the cigarette meter counting positions can be determined by the manufacturer of the meter stamping machine;
κ1977 Statutes of Nevada, Page 789 (CHAPTER 406, AB 100)κ
cigarette meter machine destroyed by fire, if the cigarette meter counting positions can be determined by the manufacturer of the meter stamping machine;
(b) Cigarettes which were stamped on their carton covers because of stamping machine failure to open the carton and stamp the cigarette packs; or
(c) Cigarettes which were not stamped but were registered on the machine as being stamped because of failure of the meter counters.
4. Any refund shall be paid as other claims against the state are paid.
Sec. 32. NRS 370.430 is hereby amended to read as follows:
370.430 Any [wholesale] dealer who exports cigarettes [,] which do not bear revenue stamps [as described in NRS 370.170,] from Nevada to a person in another state who is not authorized by that state to possess [such] unstamped cigarettes is guilty of a gross misdemeanor.
Sec. 33. NRS 370.420 is hereby repealed.
________
Assembly Bill No. 683Assemblyman Goodman
CHAPTER 407
AN ACT relating to public works projects; requiring reports by contractors and public bodies to the labor commissioner; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each public body which awards a contract for any public work shall report its award to the labor commissioner, giving the name and address of each contractor who will be engaged on the project.
2. Each contractor engaged on a public work shall report to the labor commissioner the name and address of each subcontractor whom he engages for work on the project within 10 days after the subcontractor commences work on the contract.
Sec. 2. NRS 338.070 is hereby amended to read as follows:
338.070 1. Any public body and its officers or agents awarding a contract shall:
(a) Take cognizance of complaints of violations of the provisions of NRS 338.010 to 338.090, inclusive, and section 1 of this act committed in the course of the execution of the contract; and
(b) When making payments to the contractor of money becoming due under the contract, withhold and retain therefrom all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive [.] , and section 1 of this act.
2. No sum [shall] may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.
κ1977 Statutes of Nevada, Page 790 (CHAPTER 407, AB 683)κ
from the final payment, without a full investigation being made by the awarding body or its agents.
3. It [shall be] is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the subcontractors failure to comply with the terms of NRS 338.010 to 338.090, inclusive [.] , and section 1 of this act. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.
4. The contractor and each subcontractor shall keep or cause to be kept an accurate record showing:
(a) The names and occupations of all mechanics employed by him in connection with the public work.
(b) The actual wages paid to each of [such] the mechanics.
The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents.
________
Assembly Bill No. 443Assemblymen Murphy and Wagner
CHAPTER 408
AN ACT relating to local government: authorizing local ordinances to control waste of water; providing for penalties in such ordinances; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of county commissioners may prohibit any waste of water within the unincorporated areas of the county by customers of a public water system. Any ordinance adopted under this section may:
1. Classify the conditions under which specified kinds and amounts of consumption or expenditure of water are wasteful;
2. Provide for reasonable notice to water users in any such area indicating which of such conditions, if any, exist in that area;
3. Allow any person, group or persons, partnership, corporation or other business or governmental entity which:
(a) Furnishes water to persons within such areas of the county for business, manufacturing, agricultural or household use; and
(b) Is not a public utility regulated by the public service commission of Nevada,
to reduce or terminate water service to any customer who wastes water, according to reasonable standards adopted by the board; and
4. Provide other appropriate penalties for violation of the ordinance which are based upon the classification adopted under subsection 1.
κ1977 Statutes of Nevada, Page 791 (CHAPTER 408, AB 443)κ
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The governing body of an incorporated city may prohibit by ordinance any waste of water within its jurisdiction. Any ordinance adopted under this section may:
1. Classify the conditions under which specified kinds and amounts of consumption or expenditure of water are wasteful;
2. Provide for reasonable notice of which of such conditions, if any, exist in the city;
3. Allow any person, group of persons, partnership, corporation or other business or governmental entity which:
(a) Furnishes water to persons within the city for business, manufacturing, agricultural or household use; and
(b) Is not a public utility regulated by the public service commission of Nevada,
to reduce or terminate water service to any customer or user who wastes water, according to reasonable standards adopted by the board; and
4. Provide other appropriate penalties for violation of the ordinance which are based upon the classification adopted under subsection 1.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 536Assemblymen Glover, Kosinski, Mello, Dini, Harmon, Demers, Jacobsen, Bremner, Barengo, Jeffrey, Kissam, Howard, Mann, Brookman, Banner, Horn, Hickey, Dreyer, Bennett, May, Moody, Murphy, Westall, Serpa, Sena, Robinson, Rhoads, Price, Polish, Schofield and Chaney
CHAPTER 409
AN ACT to amend an act entitled An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; provid- for the use of the proceeds if such issue is approved; and providing other matters properly relating thereto, approved May 21, 1975.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 660, Statutes of Nevada 1975, at page 1303, is hereby amended to read as follows:
Sec. 3. 1. If, on the application of the administrator of the state park system or the director of the Nevada department of fish and game [,] made during a regular or special session of the legislature, the legislature finds by concurrent resolution, or if on an application made while the legislature is not in regular or special session the interim finance committee finds that specified real or personal property, or a combination thereof, ought to be acquired for any one of the purposes recited in section 2 of this act, [it] the legislature may direct by its concurrent resolution, or the interim finance committee may direct:
κ1977 Statutes of Nevada, Page 792 (CHAPTER 409, AB 536)κ
the purposes recited in section 2 of this act, [it] the legislature may direct by its concurrent resolution, or the interim finance committee may direct:
(a) The state board of examiners to issue a sufficient amount of the bonds authorized pursuant to sections 1 and 2 of this act; and
(b) The state park system or the Nevada department of fish and game to acquire such property from the proceeds of such bonds.
2. Neither the administrator of the state park system nor the director of the Nevada department of fish and game may expend more than the amount authorized for the acquisition of specified real or personal property or a combination thereof, unless he has obtained prior approval from the interim finance committee [.] or of the legislature by its concurrent resolution.
3. The legislature finds and declares that the issuance of bonds pursuant to this act is for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds and the acquisition of property under this act.
Sec. 2. The above-entitled act, being chapter 660, Statutes of Nevada 1975, at page 1303, is hereby amended by adding thereto a new section to be designated section 4, which shall immediately follow section 3 and shall read as follows:
Sec. 4. As used in this act, acquisition and acquire mean the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any body corporate and politic therein, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquisition, or any combination thereof, of any properties pertaining to a project, or an interest therein.
________
Assembly Bill No. 709Committee on Education
CHAPTER 410
AN ACT relating to education; allowing the clerk and the president of the board of trustees of certain school districts to receive compensation for additional meetings; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.320 is hereby amended to read as follows:
386.320 1. If the average daily attendance of pupils between the ages of 6 years and 17 years attending school in the school district for the immediately preceding school year is less than 1,000:
κ1977 Statutes of Nevada, Page 793 (CHAPTER 410, AB 709)κ
of 6 years and 17 years attending school in the school district for the immediately preceding school year is less than 1,000:
(a) The clerk and president of the board of trustees may each receive a salary of $20 for each board of trustees meeting they attend, not to exceed $40 a month.
(b) The other trustees may each receive a salary of $15 for each board of trustees meeting they attend, not to exceed $30 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and such stenographer may be paid [$10] a reasonable fee for each meeting attended.
2. If the average daily attendance of pupils between the ages of 6 years and 17 years attending school in the school district for the immediately preceding school year is 1,000 or more:
(a) The clerk and president of the board of trustees may each receive a salary of $40 for each board of trustees meeting they attend, not to exceed [$80] $160 a month.
(b) The other trustees may each receive a salary of $35 for each board of trustees meeting they attend, not to exceed [$70] $140 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees; and such stenographer may be paid [$20] a reasonable fee for each meeting attended.
________
Senate Bill No. 14Senator Lamb
CHAPTER 411
AN ACT relating to state officers and employees; increasing the maximum allowance for subsistence expenses.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as provided in subsection 2 or otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to [$28] $30 for each 24-hour period during which he is away from such office and within the state, and up to [$15] $17 in addition to a reasonable room rate for each 24-hour period during which he is outside the state.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
κ1977 Statutes of Nevada, Page 794 (CHAPTER 411, SB 14)κ
3. Any person enumerated in subsection 1 may receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is 17 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 10 cents per mile so traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or without the municipality or other area in which his principal office is located. Such allowance shall be established:
(a) At rates higher than the rates established in subsection 3.
(b) Except as provided in paragraph (c), at a rate of not more than 20 cents per mile so traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of not more than 12 cents per mile so traveled.
5. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than the amounts specified in subsection 1 where unusual circumstances make such rate desirable.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 17Senators Faiss, Echols, Hernstadt, Neal, Wilson and Sheerin
CHAPTER 412
AN ACT relating to state parks and monuments; providing for free use of state parks by Nevada residents over 60 years of age; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 407.065 is hereby amended to read as follows:
407.065 The system is hereby authorized to:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.
2. Protect state parks and property controlled or administered by it from misuse or damage and to preserve the peace within such areas. At the discretion of the administrator, rangers and employees of the system shall have the same power to make arrests as any other peace office for violations of law committed inside the boundaries of state parks or real property controlled or administered by the system.
κ1977 Statutes of Nevada, Page 795 (CHAPTER 412, SB 17)κ
property controlled or administered by the system. The administrator may appoint or designate certain system employees to have the general authority of peace officers as provided in NRS 169.125, but such employees shall not be police officers or firemen for the purposes of NRS 286.510.
3. Allow multiple use of state parks and real property controlled or administered by it for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such rules and regulations as may be promulgated in furtherance of the purposes of the system.
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees therefor, which shall be deposited in the general fund. No fees for special services shall be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the system to public or private corporations, to groups of individuals, or to individuals for a valuable consideration upon such terms and conditions as the system deems fit and proper, but no concessionaire shall be permitted to dominate any state park operation. Rental and lease payments shall be deposited in the general fund.
________
Senate Bill No. 237Committee on Government Affairs
CHAPTER 413
AN ACT relating to state securities; clarifying the circumstances under which general obligation securities exhaust the power to incur debt; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 349.230 is hereby amended to read as follows:
349.230 Any outstanding general obligation bonds, any temporary general obligation bonds to be exchanged for such definitive bonds, and any general obligation interim debentures constitute outstanding indebtedness of the state and exhaust the debt-incurring power of the state [under any debt limitation appertaining thereto, constitutional or statutory.] unless issued:
1. For the purpose of defraying extraordinary expenses, as mentioned in the last sentence of the first paragraph of section 3 of article 9 of the constitution; or
2. For one of the purposes mentioned in the second paragraph of that section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 796κ
Senate Bill No. 383Senator Hernstadt
CHAPTER 414
AN ACT relating to industrial insurance; requiring the Nevada industrial commission to provide statewide, toll-free telephone service to claimants; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.175 is hereby amended to read as follows:
616.175 The commission shall:
1. [The commission shall keep] Keep and maintain its office in Carson City, Nevada.
2. [The commission shall keep] Keep and maintain suboffices at such places in the state as industrial activity [shall warrant,] warrants, and shall locate one suboffice in the Las Vegas area. Suboffices shall have complete facilities for processing claims for injuries.
3. Provide statewide, toll-free telephone service on state WATS lines to the Carson City office, and all suboffices, or accept collect calls from claimants.
________
Senate Bill No. 378Senator Raggio
CHAPTER 415
AN ACT relating to water pollution control; providing an additional procedure for permit modification; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 445.271 is hereby amended to read as follows:
445.271 1. Any permit issued under NRS 445.227 to 445.237, inclusive, may be revoked, modified or suspended in whole or in part during its term for cause including but not limited to the following:
[1.] (a) Violating any terms or conditions of the permit;
[2.] (b) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
[3.] (c) A change in conditions, or the existence of a condition, which requires either a temporary or permanent reduction or an elimination of the permitted activity.
Any such revocation, modification or suspension is effective no later than 30 days after the permitholder receives written notice, issued by the director, of the facts or conduct warranting such action.
2. Any permit issued under NRS 445.227 to 445.237, inclusive, may be modified by the director during its term if the permitholder petitions the director requesting a modification.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 797κ
Assembly Bill No. 4Assemblymen Glover and Jacobsen
CHAPTER 416
AN ACT to amend an act entitled AN ACT relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto, approved April 1, 1969, as amended.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1.050 of the above-entitled act, being chapter 213, Statutes of Nevada 1969, at page 289, is hereby amended to read as follows:
Sec. 1.050 Taxing districts: Creation; boundaries; annexation. 1. Carson City [is divided into two taxing districts as follows:
1. The urban district consists of that territory particularly described as follows: Beginning at the section corner common to Sections 5, 6, 7 and 8, T. 15 N., R. 20 E., M.D.B. & M.; thence northerly along the common boundary between Sections 5 and 6 a distance of one-quarter of a mile, more or less, to the south 1/16 corner common to Sections 5 and 6; thence easterly along the south 1/16 line of Section 5 a distance of one-half mile, more or less, to the south 1/16 corner of Section 5; thence southerly along the north-south one-quarter section line of Section 5 a distance of one-quarter of a mile, more or less, to the one-quarter corner common to Sections 5 and 8; thence continuing southerly along the north-south one-quarter section line of Section 8 a distance of one-half mile, more or less, to the center one-quarter corner of Section 8; thence easterly along the east-west one-quarter section line of Section 8 a distance of one-half mile, more or less, to the one-quarter corner common to Sections 8 and 9; thence continuing easterly along the east-west one-quarter section line of Section 9 a distance of one-quarter mile, more or less, to the west 1/16 corner of Section 9; thence continuing easterly along the east-west one-quarter section line of Section 9 a distance of 439.76 feet; thence S. 0Ί06′52² W. 2,010.39 feet to a point on the northerly right-of-way boundary of U.S. Highway 50; thence S. 71Ί36′00″ W. along the northerly boundary of U.S. Highway 50 a distance of 1,855.69 feet to a point on the west boundary of Section 9; thence S. 0Ί06′45″ E. along the west boundary of Section 9, a distance of 46.90 feet to the corner common to Sections 8, 9, 16 and 17; thence southerly along the common boundary between Sections 16 and 17 a distance of 2,569.65 feet to the southeast corner of the Carson City Annexation Plat No. 231, Ormsby County Official Records; thence N. 89Ί59′01″ W. a distance of 556.7 feet to the northeast corner of Carson City Annexation Plat No. 194, Ormsby County Official Records; thence S. 0Ί03′57″ W. along the east boundary of such City Annexation a distance of 1,317.5 feet to a point on the south right-of-way boundary of E. 5th Street (Prison Road); thence easterly along the south boundary of E. 5th Street (Prison Road) a distance of 379 feet to the northeast corner of the Monson-Larsen Subdivision, Plat No. 96, Ormsby County Official Records; thence S. 0Ί09′30″ E. along the east boundary of the Monson-Larsen Subdivision a distance of 67 feet, more or less, to the south 1/16 line of section 17; thence easterly along the south 1/16 line of Section 17 a distance of 183 feet to the south 1/16 corner common to Sections 16 and 17; thence S.
κ1977 Statutes of Nevada, Page 798 (CHAPTER 416, AB 4)κ
Monson-Larsen Subdivision a distance of 67 feet, more or less, to the south 1/16 line of section 17; thence easterly along the south 1/16 line of Section 17 a distance of 183 feet to the south 1/16 corner common to Sections 16 and 17; thence S. 0Ί06′45″ E. along the common boundary between Sections 16 and 17 a distance of 1,318.35 feet to the corner common to Sections 16, 17, 20 and 21; thence westerly along the common boundary between Sections 17 and 20 a distance of one-half mile, more or less, to the one-quarter corner common to Sections 17 and 20; thence southerly along the north-south one-quarter section line of Section 20 for one-quarter mile, more or less, to the north 1/16 corner of Section 20; thence easterly along the north 1/16 line of Section 20 a distance of one-quarter mile, more or less, to the northeast 1/16 corner of Section 20; thence southerly along the east 1/16 line of Section 20 a distance of one-eighth mile, more or less, to the southeast corner of the northeast quarter of the southwest quarter of the northeast quarter of Section 20; thence westerly along the south boundary of the north one-half of the southwest quarter of the northeast quarter of Section 20 a distance of one-quarter mile, more or less, to the southwest corner of the northwest quarter of the southwest quarter of the northeast quarter of Section 20; thence continuing westerly along the south boundary of the north one-half of the southeast quarter to the northwest quarter of Section 20 a distance of one-quarter mile, more or less, to the southwest corner of the northwest quarter of the southeast quarter of the northwest quarter of Section 20; thence southerly along the west 1/16 line of Section 20 a distance of 99 feet; thence N. 89Ί50′40″ W. a distance of 111.27 feet; thence S. 10Ί45′00″ W. 570.90 feet to a point on the east-west one-quarter section line of Section 20; thence westerly along the east-west one-quarter section line of Section 20 1,107 feet, more or less, to the one-quarter corner common to Sections 19 and 20; thence northerly along the common boundary between Sections 19 and 20 for a distance of one-quarter mile, more or less, to the north 1/16 corner common to Sections 19 and 20; thence continuing northerly along the common boundary between Sections 19 and 20 a distance of 290.32 feet; thence from a tangent which bears N. 50Ί20′48″ W. along a circular curve to the right having a radius of 725 feet, and a central angle of 50Ί30′58″, for an arc distance of 639.21 feet; thence N. 0Ί10′10″ E. 226.64 feet to a point on the centerline of South Thompson Street at its intersection with the centerline of 12th Street; thence continuing northerly along the centerline of South Thompson Street a distance of 83 feet, more or less, to the southeast corner of the City Annexation Plat No. 236, Ormsby County Official Records; thence S. 89Ί49′00″ W. along the south boundary of Beverly Glen Subdivision a distance of 689.9 feet to the southwest corner of Beverly Glen Subdivision; thence N. 0Ί25′13″ E. along the west boundary of Beverly Glen Subdivision a distance of 49.50 feet to the southeast corner of the Sharrow Subdivision; thence N. 89Ί39′03″ W. along the south boundary of the Sharrow Subdivision a distance of 178.47 feet to the southwest corner of Sharrow Subdivision, the same being the southeast corner of the Foothill Terrace Subdivision; thence S. 89Ί37′20″ W. along the south boundary of the Foothill Terrace Subdivision a distance of 180.18 feet; thence N. 0Ί22′40″ W. along a west boundary of the Foothill Terrace Subdivision a distance of 110.00 feet to the east 1/16 corner common to Sections 18 and 19; thence westerly along the common boundary between Sections 18 and 19 a distance of 1,321.7 feet to the quarter-section corner common to Sections 18 and 19; thence continuing westerly along the boundary common to Sections 18 and 19 a distance of 331.17 feet to the southwest corner of the east half of the southeast quarter of the southeast quarter of the southwest quarter of Section 18; thence N.
κ1977 Statutes of Nevada, Page 799 (CHAPTER 416, AB 4)κ
feet to the east 1/16 corner common to Sections 18 and 19; thence westerly along the common boundary between Sections 18 and 19 a distance of 1,321.7 feet to the quarter-section corner common to Sections 18 and 19; thence continuing westerly along the boundary common to Sections 18 and 19 a distance of 331.17 feet to the southwest corner of the east half of the southeast quarter of the southeast quarter of the southwest quarter of Section 18; thence N. 0Ί09′00″ W. along the west boundary of the east half of the southeast quarter of the southeast quarter of the southwest quarter of Section 18 a distance of 660.00 feet, more or less, to the northwest corner of the east half of the southeast quarter of the southeast quarter of the southwest quarter of Section 18; thence N. 89Ί51′00″ E. along the north boundary of the east half of the southeast quarter of the southeast quarter of the southwest quarter of Section 18 a distance of 331.17 feet to the northeast corner of the southeast quarter of the southeast quarter of the southwest quarter of Section 18; thence northerly along the north-south quarter-section line of Section 18 and the west boundary of Carson Highlands, Unit No. 2-Subdivision, a distance of 341.71 feet; thence N. 36Ί45′00″ E. along the westerly boundaries of Carson Highlands Subdivision Unit 2 and Unit No. 1 a distance of 173.39 feet; thence N. 0Ί22′40″ W. 433.16 feet to the northwest corner of such subdivision, being a point on the south boundary of Kings Manor Subdivision Unit No. 4; thence N. 89Ί45′55″ W. along the south boundary of Kings Manor Subdivision Unit No. 4 a distance of 109.63 feet to the southwest corner of such subdivision; thence N. 0Ί21′30″ E. along the west boundary of such subdivision a distance of 178.58 feet to the northwest corner of such subdivision and being a point on the south boundary of the City Annexation Map No. 260, Ormsby County Official Records; thence along the boundaries of such annexation as follows: N. 89Ί38′30″ W. 94.84 feet; thence N. 47Ί50′10″ W. 208.29 feet; thence N. 45Ί00′ E. 100.00 feet; thence N. 0Ί21′30″ E. 400 feet to the northwest corner of City Annexation Map No. 260; thence continuing N. 0Ί21′30″ E. across King Street a distance of 75 feet to a point on the north boundary of King Street; thence N. 89Ί38′30″ W. along the north boundary of King Street a distance of 43.4 feet to the northwest corner of City Annexation Map No. 39, being a point 10.00 feet easterly of the centerline of West Ormsby Boulevard, as established in 1967; thence N. 0Ί21′25″ E. along the west boundary of City Annexation Map No. 39 a distance of 303.1 feet; thence N. 89Ί39′42″ W. 50 feet to a point on the west boundary of West Ormsby Boulevard, such point being the southeast corner of the City Annexation Map No. 298, Ormsby County Official Records; thence along the boundaries of Annexation Map No. 298 as follows: N. 89Ί38′50″ W. 248.00 feet; thence N. 0Ί21′30″ E. 10.14 feet; thence N. 84Ί58′48″ W. 170.78 feet; thence N. 01Ί18′40″ E. 327.43 feet; thence S. 89Ί38′50″ E. 412.76 feet to the northeast corner of City Annexation Map No. 298, being a point on the west boundary of West Ormsby Boulevard; thence S. 89Ί39′42″ E. across West Ormsby Boulevard a distance of 50 feet to a point 10 feet easterly of the centerline of West Ormsby Boulevard and being the northwest corner of City Annexation Map No. 39; thence S. 89Ί38′35″ E. along the north boundary of such Annexation Map 1,083 feet, more or less, to the southwest corner of Winters Ranch Homes Subdivision Section No.
κ1977 Statutes of Nevada, Page 800 (CHAPTER 416, AB 4)κ
Section No. 1, Map No. 158, Ormsby County Official Records; thence along the westerly boundary of such subdivision Map No. 158, N. 14Ί44′30″ W. 217.09 feet; thence N. 0Ί21′30″ E. 494.17 feet; thence N. 56Ί37″ W. 119.27 feet; thence N. 0Ί21′30″ E. 197.76 feet to the northwest corner of such subdivision; thence N. 0Ί53′13″ E. 79 feet to a point on the north right-of-way boundary of Washington Street (F.A.S. Route No. S648), at State Highway Engineers Sta. 0 29 + 92.08 P.O.T. and being a point on the south boundary of City Annexation Map No.′s 252 and 252A, Ormsby County Official Records; thence along the boundaries of such annexation as follows: N. 89Ί06′47″ W. 1,178.94 to a point of curve; thence along a circular curve to the right having a radius of 160 feet and a central angle of 90Ί18′30″, an arc distance of 252.19 feet to a point of tangency; thence N. 01Ί11′43″ E. 219.55 feet; thence S. 88Ί52′50″ E. 858.71 feet; thence N. 0Ί49′13″ E. 426.93 feet; thence S. 88Ί31′48″ E. 533.15 feet to the northeast corner of such annexation map; thence continuing S. 88Ί31′48″ E. 298.1 feet to the northwest corner of North Sunset Subdivision Map No.s 161 and 165, Ormsby County Official Records; thence S. 89Ί35′53″ E. along the north boundary of North Sunset Subdivision a distance of 270 feet to the northeast corner of such subdivision, and being a point on the west boundary of City Annexation Map No. 154, Ormsby County Official Records; thence N. 01Ί01′17″ E. along the west boundary of such annexation a distance of 377.00 feet, more or less, to the northwest corner of such annexation; thence S. 89Ί40′05″ W. a calculated distance of 2.78 feet to the southwest corner of the southeast quarter of the southeast quarter of Section 7; thence northerly along the west boundary of the southeast quarter of the southeast quarter of Section 7 a distance of one-quarter mile, more or less, to the northwest corner of the southeast quarter of the southeast quarter of Section 7; thence N. 0Ί04′38″ E. a calculated distance of 16 feet, more or less, to a point on the south boundary of City Annexation Map No. 216, Ormsby County Official Records; thence along the boundaries of such annexation as follows: N. 89Ί55′22″ W. a distance of 8 feet, more or less; thence N. 0Ί01′31″ E. 1,303.74 feet to the northwest corner of such annexation; thence N. 89Ί52′25″ E. a calculated distance of 11.3 feet to the east 1/16 corner of Section 7; thence N. 0Ί06′36″ E. crossing Winnies Lane a distance of 41.74 feet to the southeast corner of the El Rancho Subdivision Map No. 193, Ormsby County Official Records; thence along the boundaries of such subdivision S. 89Ί48′17″ W. a distance of 330.00 feet; thence N. 0Ί13′55″ W. a distance of 636.41 feet; thence N. 89Ί42′31″ E. a distance of 330.00 feet to the northeast corner of El Rancho Subdivision, being a point on the east 1/16 line of Section 7; thence N. 0Ί06′36″ E. along the east 1/16 line of Section 7 a distance of 1,943 feet, more or less, to the northwest corner of the northeast quarter of the northeast quarter of Section 7; thence N. 89Ί48′03″ E. along the common boundary between Sections 6 and 7 a distance of one-quarter mile, more or less, to the section corner common to Sections 5, 6, 7 and 8, being the point of beginning.
2. The Ormsby district consists of that portion of Carson City not included in the urban district.
3. The board of supervisors may transfer territory:
κ1977 Statutes of Nevada, Page 801 (CHAPTER 416, AB 4)κ
(a) From the Ormsby district to the urban district by following the procedure provided for the annexation of territory to cities; or
(b) From the urban district to the Ormsby district by following the procedure provided for the detachment of territory from cities,
in those sections of chapter 268 of NRS which apply to counties having a population of less than 120,000. For this purpose, the board of supervisors is vested with the powers and charged with the duties of a city annexation commission.] shall be divided into four taxing districts whose boundaries are to be fixed by the board of supervisors according to the kind and degree of municipal services provided. If there are not enough substantial differences to establish four districts, the supervisors may establish three or two taxing districts until such differences arise.
2. The boundaries of any taxing district shall be established or modified by ordinance. The supervisors shall make specific findings of any additional municipal services which will be provided to a new taxing district before an ordinance is adopted which will increase the tax rate within that district.
3. In addition to any other requirement, the board of supervisors shall, not less than 30 days before the proposed ordinance is finally voted upon, mail written notice to the last known address of each property owner within a taxing district where the combined tax rate for the current fiscal year is less than the maximum permitted by law. Such notice shall set forth the substance of the ordinance and the time when and place where the ordinance will be considered.
________
Senate Bill No. 430Committee on Commerce and Labor
CHAPTER 417
AN ACT relating to insurance brokers; permitting the posting of forms of security other than surety bonds; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 683A.310 is hereby amended to read as follows:
683A.310 1. Except as provided in subsection 3, every applicant for a resident or nonresident brokers license shall file with the application, and thereafter maintain in force while so licensed, a bond in favor of the State of Nevada executed by an authorized surety insurer [. The bond] or other form of security approved by the commissioner. If the security is a bond, it may be continuous in form with total aggregate liability limited to the payment of $5,000. The bond or other security shall be conditioned upon full accounting and due payment to the person entitled thereto, of funds coming into the brokers possession through insurance transactions under the license.
κ1977 Statutes of Nevada, Page 802 (CHAPTER 417, SB 430)κ
2. The bond or other security shall remain in force until released by the commissioner, or until canceled by the surety. Without prejudice to any liability previously incurred thereunder, the surety may cancel the bond upon 30 days advance written notice to both the broker and the commissioner.
3. If a nonresident broker licensees state of domicile requires the applicant to post with the insurance supervisory officer of that state and keep in effect a bond not less in amount and for purposes similar to these required in this section, the commissioner may, in his discretion, waive the posting of a bond or other security in this state.
________
Senate Bill No. 466Committee on Commerce and Labor
CHAPTER 418
AN ACT relating to insurance; allowing the commissioner of insurance to condition continuation of certain licenses upon the completion of appropriate courses of study; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 683A.270 is hereby amended to read as follows:
683A.270 1. Each brokers, solicitors, nonresident brokers, surplus lines brokers and managing general agents license issued under this code shall continue in force until it expires or is suspended, revoked or otherwise terminated, but subject to payment to the commissioner at his office in Carson City, Nevada, annually on or before April 30 of the applicable continuation fee stated in NRS 680B.010 (fee schedule), accompanied by a written request for [such] continuation. A request for continuation shall be made as follows:
(a) For brokers, nonresident brokers, surplus lines brokers and managing general agents licenses, the request shall be made and signed by the licensee.
(b) For solicitors licenses, the request shall be made and signed by the employer agent or broker.
2. Any license referred to in subsection 1 not so continued on or before April 30 shall be deemed to have expired at midnight on April 30; but the commissioner may effectuate a request for continuation received by him within 30 days thereafter if accompanied by an annual continuation fee of 150 percent of the fee otherwise required.
3. An agents or nonresident agents license shall continue in force while there is in effect, as to the licensee, as shown by the commissioners records, an appointment or appointments as agent of authorized insurers covering collectively all the kinds of insurance included in the agents license. Upon termination of all the licensees agency appointments as to a particular kind of insurance and failure to replace such appointment within 60 days thereafter, the license shall thereupon expire and terminate as to [such] that kind of insurance; and the licensee shall promptly deliver his license to the commissioner for reissuance, without fee or charge, as to the kinds of insurance covered by the licensees remaining agency appointments.
κ1977 Statutes of Nevada, Page 803 (CHAPTER 418, SB 466)κ
[such] that kind of insurance; and the licensee shall promptly deliver his license to the commissioner for reissuance, without fee or charge, as to the kinds of insurance covered by the licensees remaining agency appointments. Upon termination of all the licensees agency appointments under the license, it shall [forthwith] terminate.
4. If the commissioner has reason to believe that any licensee agent, broker or solicitor has for any cause raised a reasonable question as to the competence of the licensee or of any individual designated to exercise the license powers of a firm or corporate licensee, the commissioner may require, as a condition to continuation of the license, that [such] the licensee or individual take and pass to the commissioners satisfaction a written examination as required under this chapter of new applicants for a similar license.
5. The commissioner may by regulation require the successful completion of a reasonable number of appropriate courses of study as a condition to continuation of any license to which this section applies.
6. The license of a managing general agent as to a particular insurer or underwriters department shall be terminated by the commissioner upon written request by any of such persons.
[6.] 7. This section does not apply to temporary licenses issued under NRS 683A.300.
________
Senate Bill No. 473Senators Blakemore and Ashworth
CHAPTER 419
AN ACT relating to vehicle privilege tax; providing for taxation by weight of buses, trucks and truck tractors, trailers and semitrailers whose original purchase price cannot be determined; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 371.050 is hereby amended to read as follows:
371.050 1. Valuation of vehicles shall be determined by the department upon the basis of 35 percent of the manufacturers suggested retail price in Nevada excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada.
2. If the department is unable to determine the manufacturers suggested retail price in Nevada in respect to any vehicle because the vehicle is specifically constructed, or for any other reason, the department shall determine the valuation upon the basis of 35 percent of the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require.
3. For each bus, truck, truck tractor, trailer and semitrailer having an unladened weight of more than 6,000 pounds, the department may use 85 percent of the original purchasers cost price in lieu of the manufacturers suggested retail price.
κ1977 Statutes of Nevada, Page 804 (CHAPTER 419, SB 473)κ
4. If the department is unable to determine the original manufacturers suggested retail price in Nevada, or the original retail price to the purchaser of any bus, truck or truck tractor having an unladen weight of less than 6,000 pounds, the department may determine the original value of the vehicle on the basis of 75 cents per pound. If the vehicle has an unladen weight of 6,000 pounds or more, the original value may be determined on the basis of one dollar per pound. Trailers and semitrailers may have the original value determined at the rate of 50 cents per pound of unladen weight.
5. For motor carriers which register under the Interstate Highway User Fee Apportionment Act, the department may determine the original value of the vehicle on the basis of its unladen weight in a manner which the department finds appropriate and equitable.
________
Senate Bill No. 498Senator Wilson
CHAPTER 420
AN ACT relating to school personnel; providing for deductions from teacher compensation for deferred compensation agreements between teachers and the board of trustees of a school district; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.150 is hereby amended to read as follows:
391.150 1. Boards of trustees of school districts in this state [shall have the power to] may pay toward the salaries of legally qualified teachers the public moneys apportioned to school districts for [such] that purpose, by giving them orders therefor on the county auditor.
2. Boards of trustees [are authorized to:] may:
(a) Deduct from teachers salaries, upon the written request of the teachers, [moneys] money for the payment of premiums on insurance of any kind; [and]
(b) Reduce or withhold increases in the salaries of teachers or other qualified employees, upon the written request of the teacher or other employee, by or in an amount sufficient to purchase annuity contracts pursuant to the provisions of NRS 391.380 [.] ; and
(c) Reduce or withhold from the salaries of teachers and other qualified employees, upon the written request of the teacher or employee, an amount specified in the request to be held by the trustees pursuant to a deferred compensation agreement between the trustees and the teacher or other employee.
________
κ1977 Statutes of Nevada, Page 805κ
Senate Bill No. 502Committee on Government Affairs
CHAPTER 421
AN ACT relating to public lands; providing for leasing of certain interests and prescribing the terms and conditions thereof; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 322.030 is hereby amended to read as follows:
322.030 1. Such leases shall be based upon a fixed rental of not less than $1 per acre annually for each acre contained therein, and shall further provide for a [fixed] royalty [:] of not less than:
(a) [Of 12.5] Fifteen percent of the [net proceeds] gross value of all oil, [coal or] gas or other hydrocarbons extracted therefrom.
(b) [Of 12.5] Ten percent of the [amount or] gross value of any geothermal resource derived from the lease and sold or utilized or reasonably susceptible to sale or utilization by the lessee and 5 percent of the [amount or] gross value of any byproduct sold or utilized or reasonably susceptible to sale or utilization by the lessee.
2. Each lease shall be negotiated upon such terms for such rent and royalty as are most favorable to the state and not less favorable than similar leaseholds in the vicinity.
3. As used in this section, byproduct means a tangible substance produced or extracted in the utilization of a geothermal resource.
Sec. 2. NRS 232.158 is hereby amended to read as follows:
232.158 1. Notwithstanding the provisions of chapter 321, 322 and 323 of NRS, the state land registrar shall not sell [, lease] or exchange any state lands until the legislature, by concurrent resolution, authorizes the resumption of sales [, leases] or exchanges.
2. State land shall be leased only pursuant to the provisions of NRS 322.030.
________
Senate Bill No. 74Committee on Judiciary
CHAPTER 422
AN ACT relating to deposits of funds; providing for the disposition of funds held in joint tenancy and other survivorship accounts; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 100 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When a deposit has been made in the name of the depositor and one or more other persons, and in form to be paid or delivered to any one of them, or the survivor or survivors of them, the deposit is the property of the persons as joint tenants.
κ1977 Statutes of Nevada, Page 806 (CHAPTER 422, SB 74)κ
one of them, or the survivor or survivors of them, the deposit is the property of the persons as joint tenants. The money or property shall be held for the exclusive use of the persons named, and may be paid or delivered to any of them during the lifetime of all, or to the survivor or survivors after the death of the depositor, and payment or delivery is a valid and sufficient release and discharge of the depository.
2. The making of a deposit in the form of a joint tenancy vests title to the deposit in the survivor or survivors.
3. When a deposit has been made in the name of the depositor and one or more other persons, and in form to be paid or delivered to the survivor or survivors of them, but one or more of the other persons is not authorized to withdraw from the deposit during the life of the depositor or depositors, the person or persons so restricted have no present interest in the deposit, but upon the death of the last depositor entitled to withdraw, the deposit is presumed to belong to the survivor or survivors. Unless written notice of a claim against the deposit has been given by a survivor or a third person before payment or delivery, payment or delivery to a survivor is a valid and sufficient release and discharge of the depository.
Sec. 2. NRS 678.600 is hereby amended to read as follows:
678.600 1. A multiple-party account payable to two or more persons, jointly or severally, which does not expressly provide that there is not a right of survivorship, though there is no mention of survivorship or joint tenancy, is [presumed to be] a survivorship account. [At the death of a party, sums on deposit in a survivorship account belong to the surviving party or parties as against the estate of the decedent.] The right of survivorship continues between survivors.
2. Where there are two or more survivors, their respective ownerships shall be in proportion to their previous net contributions augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death, plus the proceeds of insurance on decedents life paid to the account.
Sec. 3. 1. NRS 663.015 is hereby repealed.
2. NRS 673.350 is hereby repealed.
Sec. 4. Subsection 2 of section 3 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
κ1977 Statutes of Nevada, Page 807κ
Assembly Bill No. 563Assemblymen Mello, Howard, Murphy, Harmon, Demers, Dini, Wagner, Jeffrey, Horn, Serpa, Rhoads, Weise, May, Hickey, Mann, Kissam, Kosinski, Price, Bremner, Brookman, Barengo, Vergiels, Ross and Westall
CHAPTER 423
AN ACT relating to the Nevada state council on the arts; reducing the number of members; providing for their compensation; abolishing the office of chief executive officer and the executive board of the council; making an appropriation; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233C.010 is hereby amended to read as follows:
233C.010 As used in this chapter, unless the context otherwise requires, [:
1. Council] council means the Nevada state council on the arts.
[2. Executive board means the executive board of the council.]
Sec. 2. NRS 233C.030 is hereby amended to read as follows:
233C.030 [1.] The Nevada state council on the arts, [whose members shall be broadly representative or have knowledge of all fields of the performing and fine arts,] consisting of nine members appointed by the governor, is hereby created.
[2. The council shall consist of not more than:
(a) Seventeen members during the biennium beginning July 1, 1975, and ending June 30, 1977;
(b) Thirteen members during the biennium beginning July 1, 1977, and ending June 30, 1979; and
(c) Eleven members on July 1, 1979, and thereafter.]
Sec. 3. NRS 233C.040 is hereby amended to read as follows:
233C.040 1. The governor shall appoint the members of the council from among citizens of Nevada who are known for their knowledge of and experience in the performing and fine arts.
2. [Each member shall be appointed or reappointed for a term of 4 years.] After the initial terms, members shall serve terms of 4 years, except when appointed to fill unexpired terms.
3. A member may be removed by the governor for three unexcused absences from council meetings.
4. If a vacancy occurs on the council, the governor shall fill the vacancy by the appointment of an eligible person to serve for the remainder of the unexpired term.
Sec. 4. NRS 233C.050 is hereby amended to read as follows:
233C.050 [Members of the council shall receive no compensation for their services.] Each member of the council is entitled to $40 for each day or portion thereof he is in attendance at a regularly called meeting of the council, plus travel expenses and subsistence allowances as allowed by NRS 281.160.
Sec. 5. NRS 233C.060 is hereby amended to read as follows:
233C.060 1. Meetings of the council shall be held annually or at the discretion of the chairman of the [executive board.] council.
κ1977 Statutes of Nevada, Page 808 (CHAPTER 423, AB 563)κ
2. A majority of the members of the council [shall constitute] constitutes a quorum for the transaction of business.
3. Each member of the council shall have one vote for the purpose of furthering the objectives of the council.
Sec. 6. NRS 233C.070 is hereby amended to read as follows:
233C.070 1. [The executive board of the council shall consist of six members until June 30, 1979, and five members thereafter who shall be elected by and from the members of the council.
2.] The [executive board] council shall elect from its membership a chairman, [who shall be chief executive officer of the board and the council,] a vice chairman and a secretary-treasurer.
[3.] 2. All [executive board members] council officers shall serve for a term of 2 years and any vacancies that occur [on the board] in those positions shall be filled by election by [and from] the members of the council for the remainder of the unexpired term.
Sec. 7. NRS 233C.080 is hereby amended to read as follows:
233C.080 The [executive board] council may employ [,] and remove [at pleasure, such advisors,] any advisers, officers and other employees as may be needed and fix their compensation within the amounts available for [such] those purposes.
Sec. 8. Section 4 of an act entitled An Act relating to the Nevada state council on the arts; reducing its membership and the membership of its executive board in specified stages; curtailing the terms of certain members; and providing other matters properly relating thereto, approved April 11, 1975, being chapter 198, Statutes of Nevada 1975, at page 230, is hereby repealed.
Sec. 9. 1. The term of each person holding office as a member of the Nevada state council on the arts on June 30, 1977, expires at 12:01 a.m. on July 1, 1977. The governor shall appoint nine persons to the Nevada state council on the arts as follows:
(a) Four members to terms expiring June 30, 1979; and
(b) Five members to terms expiring June 30, 1981, not less than three of whom shall be appointed from those members whose terms expire on July 1, 1977.
2. Any member of the Nevada state council on the arts whose term expires under this section is eligible for reappointment, if qualified under NRS 233C.040.
Sec. 10. There is hereby appropriated from the state general fund to the Nevada state council on the arts to pay the salaries of members of the council:
1. For the fiscal year 1977-78, the sum of $2,600.
2. For the fiscal year 1978-79, the sum of $2,600.
________
κ1977 Statutes of Nevada, Page 809κ
Senate Bill No. 100Committee on Government Affairs
CHAPTER 424
AN ACT relating to county officers and employees; permitting counties to provide for annual leave and sick and disability leave by collective bargaining agreement; permitting counties to provide for an additional accumulation of unused sick and disability leave to be used for long-term or chronic illness or an injury; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 245.210 is hereby amended to read as follows:
245.210 1. The board of county commissioners of each of the several counties shall [enact an ordinance providing] , by ordinance or agreement pursuant to chapter 288 of NRS, provide for annual, sick and disability leave for elected and appointed county officers and county employees. The provisions of such ordinance or agreement may be more restrictive but not more extensive than the provisions set forth in [subsection 2.] this section.
2. Such an ordinance or agreement shall include provisions in substance as follows:
(a) A provision that all elected and appointed officers and employees [shall be] are entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.
(b) A provision that the board of county commissioners may by order provide for additional annual leave for long-term appointed officers and employees and for prorated annual leave for part-time employees.
(c) A provision that if an appointed officer or employee dies and was entitled to accumulated annual leave under the provisions of the ordinance, the heirs of such deceased officer or employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the board of county commissioners of their entitlement, shall be paid an amount of money equal to the number of days earned or accrued annual leave multiplied by the daily salary or wages of such deceased officer or employee.
(d) A provision that [no] an elected county officer shall not be paid for accumulated annual leave upon termination of his service.
(e) A provision that during the first 6 months of employment of any appointed officer or employee, annual leave [shall accrue] accrues as provided in paragraph (a), but [no] annual leave shall not be taken during such period.
(f) A provision that [no] an appointed officer or employee shall not be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
(g) A provision that all elected and appointed officers and employees are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 90 working days.
κ1977 Statutes of Nevada, Page 810 (CHAPTER 424, SB 100)κ
(h) A provision that the board of county commissioners may by order provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
(i) A provision that any appointed officer or employee may be granted a leave of absence without pay.
3. Such an ordinance or agreement may include a provision that upon termination of employment, retirement or death all elected and appointed officers and employees are entitled to payment for one-half of their unused sick leave at their salary rate at the time of termination, retirement or death.
4. The board of county commissioners may, by ordinance or agreement pursuant to chapter 288 of NRS, provide that after an employee has accumulated 90 working days of sick and disability leave, a prescribed proportion of any additional unused sick and disability leave may be accumulated from year to year, not to exceed 90 working days, and placed in a separate account for use in cases where the employee is suffering from a long-term or chronic illness or an injury and has used all such leave otherwise available to him. Unused sick and disability leave accumulated and placed in a separate account pursuant to this subsection shall not be considered in determining entitlements under subsection 3, unless the employee is terminated by the employer by reason of illness.
________
Senate Bill No. 471Senator Ashworth
CHAPTER 425
AN ACT relating to insurance; changing certain administrative and accounting procedures in the insurance division of the department of commerce; increasing an assessment limit; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 680B.070 is hereby amended to read as follows:
680B.070 1. Each authorized insurer shall on or before August 1 of each year pay to the commissioner such uniform amount, not to exceed [$10,] $15, as the commissioner may require and give the insurer written notice thereof, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners for the purpose of defraying:
(a) The general expenses of such association; and
(b) Reasonable and necessary travel and related expenses incurred by the commissioner and members of his staff in attending meetings of such association, its committees, subcommittees, hearings and its other official activities.
2. There is created in the state treasury a revolving fund designated the insurance division national association fund. The commissioner shall promptly transmit to the state treasurer all moneys received by him pursuant to subsection 1 for credit to this fund.
κ1977 Statutes of Nevada, Page 811 (CHAPTER 425, SB 471)κ
promptly transmit to the state treasurer all moneys received by him pursuant to subsection 1 for credit to this fund.
3. Upon presentation of proper vouchers approved by the commissioner, the state controller shall issue his warrants upon the fund, and the state treasurer shall pay the [same] warrants out of the money credited to the fund.
Sec. 2. NRS 680B.110 is hereby amended to read as follows:
680B.110 1. If the commissioner is satisfied as to the reasonableness of the budget estimate as provided in NRS 680B.100, he shall determine the portion of the funds required by such budget estimate to be assessed as provided in this section, by deducting from such budget estimate or from the sum of $250,000, whichever is lesser, any amounts received or receivable by the committee from other states whose laws do not substantially conform to the method of assessment provided by NRS 680B.080 to 680B.120, inclusive, and applying to the remainder the proportion which the total investments in securities of domestic life insurers bears to the total investments in securities of life insurers domiciled in this and other states whose laws authorize and require assessments on substantially the same basis as herein provided.
2. The commissioner shall thereafter, as soon as convenient, by notice stating the method of computation thereof, assess the amount to be paid on account of such expenses, pro rata, upon all domestic life insurers in the proportion which the total investments in securities of each domestic life insurer bears to the total investments in securities of all such insurers.
3. The total investments in securities of any life insurer for purposes of this section shall be the total admitted value of stock and bonds reported as such in its annual statement last filed with the commissioner or other supervisory officer of its state of domicile prior to such assessment.
4. Upon receipt of such notice, each such insurer shall, within 30 days, pay the assessment to the commissioner, who shall remit such funds to the state treasurer as custodian thereof.
5. The state treasurer shall place such money in [a fund to be known as the valuation of securities fund.] the insurance division national association fund.
6. Upon presentation of proper vouchers approved by the commissioner, the state controller shall issue his warrants upon the fund, and the state treasurer shall pay the [same] warrants out of the money credited to the fund. Such disbursement shall be made to the committee on valuation of securities of the National Association of Insurance Commissioners for the purposes provided in NRS 680B.080 to 680B.120, inclusive.
Sec. 3. NRS 686B.170 is hereby amended to read as follows:
686B.170 1. Whenever he deems it necessary in order to inform himself about any matter related to the enforcement of the insurance laws, the commissioner may examine the affairs and condition of any rate service organization under subsection 1 of NRS 686B.130. So far as reasonably necessary for an examination under this subsection, the commissioner may examine the accounts, records, documents or evidences of transactions, so far as they relate to the examinee, of any officer, manager, general agent, employee, person who has executive authority over or is in charge of any segment of the examinees affairs, person controlling or having a contract under which he has the right to control the examinee whether exclusively or with others, person who is under the control of the examinee, or any person who is under the control of a person who controls or has a right to control the examinee whether exclusively or with others.
κ1977 Statutes of Nevada, Page 812 (CHAPTER 425, SB 471)κ
officer, manager, general agent, employee, person who has executive authority over or is in charge of any segment of the examinees affairs, person controlling or having a contract under which he has the right to control the examinee whether exclusively or with others, person who is under the control of the examinee, or any person who is under the control of a person who controls or has a right to control the examinee whether exclusively or with others. On demand every examinee under this subsection shall make available to the commissioner for examination any of its own accounts, records, documents or evidences of transactions and any of those of the persons listed in this subsection.
2. The commissioner shall examine every licensed rate service organization at intervals to be established by rule.
3. In lieu of all or part of an examination under subsections 1 and 2, or in addition to it, the commissioner may order an independent audit by certified public accountants or actuarial evaluation by actuaries approved by him of any person subject to the examination requirement. Any accountant or actuary selected shall be subject to rules respecting conflicts of interest promulgated by the commissioner. Any audit or evaluation under this subsection shall be subject to subsections 6 to 15, inclusive, so far as appropriate.
4. In lieu of all or part of an examination under this section, the commissioner may accept the report of an audit already made by certified public accountants or actuarial evaluation by actuaries approved by him, or the report of an examination made by the insurance department of another state.
5. An examination may but need not cover comprehensively all aspects of the examinees affairs and condition. The commissioner shall determine the exact nature and scope of each examination, and in doing so shall take into account all relevant factors, including but not limited to the length of time the examinee has been operating, the length of time he has been licensed in this state, the nature of the services provided, the nature of the accounting records available and the nature of examinations performed elsewhere.
6. For each examination under this section, the commissioner shall issue an order stating the scope of the examination and designating the examiner in charge. Upon demand a copy of the order shall be exhibited to the examinee.
7. Any examiner authorized by the commissioner shall, so far as necessary to the purposes of the examination, have access at all reasonable hours to the premises and to any books, records, files, securities, documents or property of the examinee and to those of persons under subsection 1 so far as they relate to the affairs of the examinee.
8. The officer, employees and agents of the examinee and of persons under subsection 1 shall comply with every reasonable request of the examiners for assistance in any matter relating to the examination. [No] A person shall not obstruct or interfere with the examination in any way other than by legal process.
9. If the commissioner finds the accounts or records to be inadequate for proper examination of the condition and affairs of the examinee or improperly kept or posted, he may employ experts to rewrite, post or balance them at the expense of the examinee.
κ1977 Statutes of Nevada, Page 813 (CHAPTER 425, SB 471)κ
10. The examiner in charge of an examination shall make a proposed report of the examination which shall include such information and analysis as is ordered in subsection 6, together with the examiners recommendations. Preparation of the proposed report may include conferences with the examinee or his representatives at the option of the examiner in charge. The proposed report shall remain confidential until filed under subsection 11.
11. The commissioner shall serve a copy of the proposed report upon the examinee. Within 20 days after service, the examinee may serve upon the commissioner a written demand for a hearing on the contents of the report. If a hearing is demanded, the commissioner shall give notice and hold a hearing under NRS 679B.310 to 679B.370, inclusive, except that on demand by the examinee the hearing shall be private. Within 60 days after the hearing or if no hearing is demanded then within 60 days after the last day on which the examinee might have demanded a hearing, the commissioner shall adopt the report with any necessary modifications and file it for public inspection, or he shall order a new examination.
12. The commissioner shall forward a copy of the examination report to the examinee immediately upon adoption, except that if the proposed report is adopted without change, the commissioner need only so notify the examinee.
13. The examinee shall forthwith furnish copies of the adopted report to each member of its board of directors or other governing board.
14. The commissioner may furnish, without cost or at a price to be determined by him, a copy of the adopted report to the insurance commissioner of each state in the United States and each foreign jurisdiction in which the examinee is licensed and to any other interested person in this state or elsewhere.
15. In any proceeding by or against the examinee or any officer or agent thereof the examination report as adopted by the commissioner shall be admissible as evidence of the facts stated therein. In any proceeding by or against the examinee, the facts asserted in any report properly admitted in evidence shall be presumed to be true in the absence of contrary evidence.
16. The reasonable costs of an examination under this section shall be paid by the examinee except as provided in subsection 19. The costs shall include the salary and expenses of each examiner and any other expenses which may be directly apportioned to the examination.
17. The amount payable under subsection 16 shall become due 10 days after the examinee has been served a detailed account of the costs.
18. The commissioner may require any examinee, before or from time to time during an examination to deposit with the state treasurer such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made under subsections 16 and 17 shall be [credited to the general fund in the state treasury.] deposited in the insurance examination fund.
19. On the examinees request or on his own motion, the commissioner may pay all or part of the costs of an examination, whenever he finds that, because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee.
κ1977 Statutes of Nevada, Page 814 (CHAPTER 425, SB 471)κ
examinee. The commissioner shall include in his annual report information about any instance in which he applied this subsection.
20. Deposits and payments under subsections 16 to 19, inclusive, shall not be deemed to be a tax or license fee within the meaning of any statute. If any other state charges a per diem fee for examination of examinees domiciled in this state, any examinee domiciled in that other state shall be required to pay the same fee when examined by the commissioner of insurance in this state.
Sec. 4. NRS 697A.120 is hereby amended to read as follows:
697A.120 The commissioner shall keep in his office a public record of each payment of unclaimed funds received by him from any life insurer. The record shall show [in alphabetical order] the name and last-known address of each insured or annuitant [, and of each beneficiary or other person who, according to the insurers reports, may have an interest in such unclaimed funds, and with respect to each policy or contract, its number, the name of the insurer] and the amount due.
Sec. 5. NRS 679B.210 and 697A.050 are hereby repealed.
________
Senate Bill No. 68Committee on Judiciary
CHAPTER 426
AN ACT relating to probation; requiring that a preliminary inquiry be held following the arrest of a probationer for alleged violation of terms of his probation to determine whether probable cause exists for revocation of his probation; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period with any extensions thereof shall not exceed 5 years.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other office with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. The parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
κ1977 Statutes of Nevada, Page 815 (CHAPTER 426, SB 68)κ
[3. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted probation may assign the case to the district court of that district, with the consent of such court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, and may continue or revoke the probation of suspension of sentence, and may cause the sentence imposed to be executed.
4. The necessary expenses of returning to the State of Nevada a person arrested for violation of probation shall be a charge upon the State of Nevada, and shall be paid from funds appropriated to the department of parole and probation, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the department of parole and probation out of the reserve for statutory contingency fund, upon approval by the state board of examiners, for the payment of such expenses.]
Sec. 2. NRS 176.245 is hereby amended to read as follows:
176.245 Every defendant:
1. Whose probation has been revoked; [pursuant to NRS 176.215;] or
2. Whose term of probation has expired, whose whereabouts are unknown, and for whose arrest a warrant has been issued,
shall be given a dishonorable discharge.
Sec. 3. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 8, inclusive, of this act.
Sec. 4. 1. Before a probationer may be returned to the court for violation of a condition of his probation, an inquiry shall be conducted to determine whether there is probable cause to believe that he has committed any act that would constitute such a violation.
2. The inquiry shall be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of violation of the probation; and
(c) Has not recommended revocation of the probation,
but he need not be a judicial officer.
3. Except in a case where the probationer is a fugitive, the inquiry shall be held promptly at or reasonably near the place of the alleged violation or the arrest, and not later than 15 days after the arrest if the arrested person is on probation from a Nevada court or 30 days after the arrest if he is on probation from another state and under supervision in this state.
Sec. 5. 1. The board or detaining authority shall give the arrested probationer advance notice of:
(a) The place and time of the inquiry.
(b) The purpose of the inquiry.
(c) What violations or probation have been alleged.
2. The inquiring officer shall allow the probationer to:
(a) Appear and speak on his own behalf.
(b) Obtain counsel.
(c) Present any relevant letters or other documents and any person who can give relevant information.
(d) Confront and question any person who has given adverse information on which a revocation of his probation may be based, unless in the opinion of the inquiring officer the person would be subjected to a risk of harm by disclosure of his identity.
κ1977 Statutes of Nevada, Page 816 (CHAPTER 426, SB 68)κ
opinion of the inquiring officer the person would be subjected to a risk of harm by disclosure of his identity.
Sec. 6. 1. Upon completion of the inquiry, the inquiring officer shall:
(a) Make a written summary of what occurred at the inquiry, noting the substance of the evidence given to support a revocation of the probation and the probationers position and responses.
(b) Determine whether there is probable cause to hold the probationer for a court hearing on revocation.
2. If the inquiring officer determines that there is probable cause, his determination is sufficient to warrant the continued detention of the probationer pending the courts hearing.
Sec. 7. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted probation may assign the case to the district court of that district, with the consent of such court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, and may continue or revoke the probation or suspension of sentence, and may cause the sentence imposed to be executed.
Sec. 8. The necessary expenses of returning to the State of Nevada a person arrested for violation of probation is a charge upon the State of Nevada, and shall be paid from funds appropriated to the department of parole and probation, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the department of parole and probation out of the reserve for statutory contingency fund, upon approval by the state board of examiners, for the payment of such expenses.
Sec. 9. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in the fund shall be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.405, 353.120, 353.262 and 412.154; and
(b) The payment of claims which are obligations of the state under NRS 7.125, [176.215,] 177.345, 179.225, 213.153, [and] subsection 4 of NRS 361.055 [,] and section 8 of this act, but such claims shall be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for such purposes has been exhausted.
Sec. 10. 1. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1977.
2. Section 9 of this act shall become effective at 12:03 a.m. on July 1, 1977.
________
κ1977 Statutes of Nevada, Page 817κ
Senate Bill No. 230Senators Raggio, Wilson, Young and Gojack
CHAPTER 427
AN ACT relating to county fair and recreation boards; establishing a method of selecting the members in certain counties; authorizing members to enter into transactions beyond their terms of office; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In any county having a population of 100,000 or more, and 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, the county fair and recreation board consists of nine members who are appointed as follows:
(a) Two members, by the board of county commissioners.
(b) Two members, by the governing body of the largest incorporated city in the county.
(c) One member, by the governing body of the next largest incorporated city in the county.
(d) Except as provided in subsection 2, four members, by the members appointed pursuant to paragraphs (a), (b) and (c), from lists of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. The lists shall respectively include nominees who are actively engaged in:
(1) Resort hotel business.
(2) Motel business.
(3) Banking or other financial occupations.
(4) General business or commerce.
2. If before July 1, 1977, a county fair and recreation board has created an advisory board of four members who respectively are actively engaged in the resort hotel business, the motel business, banking or other financial occupations and general business or commerce, such advisory board members shall be appointed on July 1, 1977, as the first four members specified in paragraph (d) of subsection 1.
3. The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 shall be coterminous with their terms of office. Of the members first appointed pursuant to paragraph (d) of subsection 1, two members shall be appointed for terms of 1 year and two members shall be appointed for terms of 2 years. Thereafter such members shall be appointed for 2-year terms. Any vacancy occurring on the board shall be filled by the authority entitled to appoint the member whose position is vacant.
4. If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation shall be appointed for the unexpired term.
5. Any member appointed by the board of county commissioners or a governing body of a city shall be a member of the appointing board or body.
κ1977 Statutes of Nevada, Page 818 (CHAPTER 427, SB 230)κ
governing body of a city shall be a member of the appointing board or body.
Sec. 3. Members of a county fair and recreation board may enter into contracts, leases, franchises and other transactions extending beyond their terms of office as members of the county fair and recreation board.
Sec. 4. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as provided in subsection 2, the board of county commissioners [shall have power and jurisdiction in their respective counties to:] may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in [their respective counties,] its county outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards [shall] have the exclusive power [and jurisdiction] in their respective counties to regulate the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town. The county license boards [shall have the power and jurisdiction to] may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. Any license tax levied for the purposes of NRS 244.640 to 244.780, inclusive, [shall constitute] and sections 2 and 3 of this act constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year.
(2) The name of the record owner of the property.
(3) A description of the property sufficient for identification.
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
4. The board of county commissioners may delegate the [power and] authority to enforce such liens to the county fair and recreation board.
All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244.640 to 244.780, inclusive, and sections 2 and 3 of this act is confidential and shall not be disclosed by any member, official or employee of the county fair and recreation board or the county imposing such license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
κ1977 Statutes of Nevada, Page 819 (CHAPTER 427, SB 230)κ
244.780, inclusive, and sections 2 and 3 of this act is confidential and shall not be disclosed by any member, official or employee of the county fair and recreation board or the county imposing such license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
Sec. 5. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244.640 to 244.780, inclusive, and sections 2 and 3 of this act to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive [.] , and sections 2 and 3 of this act. After approval of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and
(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of [200,000] 100,000 or more, the county fair and recreation board shall be selected as provided in NRS 244.647 [. In counties having a population of 100,000 or more and less than 200,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member.] or section 2 of this act. In counties having a population of 11,000 or more and less than 100,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk. In counties having a population of less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
3. [In counties having a population of 100,000 or more and less than 200,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office.]
κ1977 Statutes of Nevada, Page 820 (CHAPTER 427, SB 230)κ
for the remainder of their terms of office.] In counties having a population of less than 100,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
5. In Carson City the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the city.
(b) One member to represent the other commercial interests in the city.
(c) One member who is a member of the board of supervisors.
(d) One member to represent the city at large.
6. [The terms of all members appointed pursuant to this section, who are not elected officials, shall terminate on January 1, 1972. Thereafter, such members shall be appointed for 2-year terms. Any such member may succeed himself.] Members who are not elected officials shall serve for 2-year terms.
7. The terms of all elected officials shall be coterminous with their terms of office. Any such member may succeed himself.
________
Senate Bill No. 413Committee on Judiciary
CHAPTER 428
AN ACT relating to the practice of medicine; making substantial changes in the procedure for disciplining physicians; providing for temporary replacement of members of the board of medical examiners under certain circumstances; providing for injunctive relief in certain cases; and providing other matters properly relating thereto.
[Approved May 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 630.003 is hereby amended to read as follows:
630.003 The legislature finds and declares that:
1. The practice of the several professions which deal with human health affects the people of this state more broadly and in a more essential respect than the practice of any other profession.
2. Of these professions, the medical profession is accorded the widest scope of practice, deemed to possess the highest skills and therefore charged with the greatest responsibility.
3. Any substantial failure of intraprofessional discipline increases the likelihood of malpractice actions against physicians, thus increasing the cost of malpractice insurance to all physicians or making such insurance difficult to obtain. These results in turn increase the cost of medical care to the patient, decrease the protection available to him, or both.
κ1977 Statutes of Nevada, Page 821 (CHAPTER 428, SB 413)κ
to the patient, decrease the protection available to him, or both. In fact a crisis in the area of medical malpractice litigation does exist in this state.
4. The public health and welfare demand for the medical profession the highest and most effective means of review and discipline, utilizing not only the specialized skills of the profession itself but the investigative authority and legal skill of the attorney general and the [impartial factfinding process] injunctive power of the courts.
Sec. 2. NRS 630.030 is hereby amended to read as follows:
630.030 [Unprofessional conduct includes:
1. Willfully and intentionally making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice medicine.
2. Willfully and intentionally representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Performing, assisting or advising an unlawful abortion.
4. Advertising the practice of medicine in a manner which does not conform to the guidelines established by the board.
5. Engaging in any unethical or deceptive professional conduct or medical practice harmful to the public, in which proof of actual injury need not be established. The principles of medical ethics to be used as the basis for determining whether conduct is unethical shall be established by regulations of the board.
6. Willful disobedience of the rules and regulations of the state board of health or of the board of medical examiners.
7. Administering, dispending or prescribing any controlled substance as defined in chapter 453 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law and not primarily for the purpose of catering to the cravings of an addict.
8. Any conduct detrimental to the public health, safety or morals.
9. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this chapter.
10. Employing, directly, or indirectly, any suspended or unlicensed person in the practice of medicine, or the aiding or abetting of any unlicensed person to practice medicine as defined in this chapter.
11. Directly or indirectly giving to or receiving from any person, firm or corporation, any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a person licensed under this chapter in his professional capacity or for any professional services not actually and personally rendered. This subsection does not prohibit persons holding valid and current licenses under this chapter from practicing medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or from pooling, sharing, dividing or apportioning the fees and moneys received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association. This subsection does not abrogate the right of two or more persons holding valid and current licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each.
κ1977 Statutes of Nevada, Page 822 (CHAPTER 428, SB 413)κ
current licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each.
12. Performing, assisting or advising the injection of any liquid silicone substance into the human body.]
1. Unprofessional conduct includes:
(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice medicine.
(b) Willfully representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a physician in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of medicine, or the aiding or abetting of any unlicensed person to practice medicine.
(e) Advertising the practice of medicine in a manner which does not conform to the guidelines established by board regulation.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.
(h) Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.
(i) Performing, assisting or advising an unlawful abortion or in the injection of any liquid silicone substance into the human body.
(j) Willful disclosure of a communication privileged under a statute or court order.
(k) Willful disobedience of the regulations of the state board of health or of the board of medical examiners.
(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses under this chapter to practice medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or
κ1977 Statutes of Nevada, Page 823 (CHAPTER 428, SB 413)κ
or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or
(b) For two or more persons holding valid licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.
Sec. 3. NRS 630.140 is hereby amended to read as follows:
630.140 1. The board may hold hearings and conduct investigations pertaining to the issuance [, suspension or revocation] of licenses and [pertaining to other disciplinary action and] take evidence on any such matter under inquiry before the board.
[2. If the board has reason to believe that the conduct of any physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, the board may cause a medical competency examination of such physician for purposes of determining the physicians fitness to practice medicine with reasonable skill and safety to patients.
3. For the purposes of this chapter, the secretary or president of the board may issue subpenas for the attendance of witnesses or for the production of documentary or tangible evidence.
4.] For the purposes of this chapter: [, the]
(a) The secretary of the board, or in his absence any member of the board, may administer oaths.
(b) The secretary or president of the board may issue subpenas to compel the attendance of witnesses and the production of books and papers.
2. If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the secretary or president of the board may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed by the board pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the board which is named in the subpena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the board.
3. Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order shall be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
κ1977 Statutes of Nevada, Page 824 (CHAPTER 428, SB 413)κ
the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 4. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 23, inclusive, of this act.
Sec. 5. 1. If a member of the board disqualifies himself or is disqualified from taking part in the adjudication of any contested case in which the board will render a decision which is subject to judicial review, the secretary of the board shall notify the governor of that fact within 3 working days after the disqualification. The governor shall within 5 working days after the notice of disqualification appoint a person to serve on the board only for the purpose of participating in the adjudication of the contested case in the place of the disqualified member.
2. The person appointed under subsection 1 shall be legally qualified to serve on the board and is entitled to the same salary and reimbursement for his actual and necessary expenses as is provided in this chapter for other members of the board.
Sec. 6. The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice medicine by any other jurisdiction.
4. Gross or repeated malpractice.
5. Professional incompetence.
Sec. 7. The board or any of its members, any medical review panel of a hospital or medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing medicine in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board or with the medical society of the county in which the person charged has his office if there is a medical society in the county.
Sec. 8. 1. When a complaint is filed:
(a) With the board, it shall be reviewed by the board.
(b) With a county medical society, the society shall forward a copy of the complaint to the board for review.
2. If, from the complaint or from other official records, it appears that the complaint is not frivolous and the complaint charges:
(a) Unprofessional conduct, a conviction or the suspension or revocation of a license to practice medicine, the board shall proceed with appropriate disciplinary action.
(b) Gross or repeated malpractice or professional incompetence, the board shall transmit the original complaint, along with further facts or information derived from its own review, to the attorney general.
Sec. 9. 1. The attorney general shall conduct an investigation of each complaint transmitted to him to determine whether it warrants proceedings for modification, suspension or revocation of license.
κ1977 Statutes of Nevada, Page 825 (CHAPTER 428, SB 413)κ
complaint transmitted to him to determine whether it warrants proceedings for modification, suspension or revocation of license. If he determines that such further proceedings are warranted, he shall report the results of his investigation together with his recommendation to the board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing before the board.
2. The board shall promptly make a determination with respect to each complaint reported to it by the attorney general as to what action shall be pursued. The board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
Sec. 10. 1. If the board determines that a complaint is not frivolous, the board may require the person charged in the complaint to submit to a mental or physical examination by physicians designated by the board.
2. For the purposes of this section:
(a) Every physician licensed under this chapter who accepts the privilege of practicing medicine in this state shall be deemed to have given his consent to submit to a mental or physical examination when directed to do so in writing by the board.
(b) The testimony or examination reports of the examining physicians are not privileged communications.
3. Except in extraordinary circumstances, as determined by the board, the failure of a physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against him.
Sec. 11. If the board has reason to believe that the conduct of any physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, the board may cause a medical competency examination of the physician for purposes of determining his fitness to practice medicine.
Sec. 11.5. If the board issues an order summarily suspending the license of a physician pending proceedings for disciplinary action and requires the physician to submit to a mental or physical examination or a medical competency examination, the examination shall be conducted and the results obtained not later than 60 days after the board issues its order.
Sec. 12. If the board issues an order summarily suspending the license of a physician pending proceedings for disciplinary action, the court shall not stay that order unless the board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.
Sec. 13. 1. In addition to any other remedy provided by law, the board, through its president or secretary or the attorney general, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of a physician which is harmful to the public or to limit the physicians practice or suspend his license to practice medicine as provided in this section.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:
(a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and
κ1977 Statutes of Nevada, Page 826 (CHAPTER 428, SB 413)κ
(b) Pending proceedings for disciplinary action by the board. Such proceedings shall be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.
Sec. 14. All proceedings subsequent to the filing of a complaint are confidential, except to the extent necessary for the conduct of an investigation, until the board determines to proceed with disciplinary action. If the board dismisses the complaint, the proceedings remain confidential. If the board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.
Sec. 15. If:
1. A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license to practice medicine is not frivolous; or
2. With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,
the secretary of the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person charged at least 20 days before the date fixed for the hearing.
Sec. 16. 1. Service of process made under this chapter shall be either personal or by registered or certified mail with return receipt requested, addressed to the physician at his last-known address, as indicated on the records of the board, if possible. If personal service cannot be made and if mail notice is returned undelivered, the secretary of the board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the physicians last-known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made under this chapter shall be filed with the secretary of the board and shall be recorded in the minutes of the board.
Sec. 17. In any disciplinary proceeding before the board:
1. Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.
2. A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice medicine is conclusive evidence of its occurrence.
Sec. 18. 1. The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself shall not serve to delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
2. If the board finds the person guilty as charged in the complaint, it may by order:
(a) Place the person on probation for a specified period or until further order of the board.
(b) Administer to the person a public or private reprimand.
(c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of medicine.
κ1977 Statutes of Nevada, Page 827 (CHAPTER 428, SB 413)κ
(d) Suspend the license of the person to practice medicine for a specified period or until further order of the board.
(e) Revoke the license of the person to practice medicine.
The order of the board may contain such other terms, provisions or conditions as the board deems proper which are not inconsistent with law.
Sec. 19. The secretary shall file a certified copy of an order of the board limiting the practice of medicine or suspending or revoking a license with the county recorder of the county in which the license is recorded within 10 days after the order is issued.
Sec. 20. 1. Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the boards order.
2. Every order of the board which limits the practice of medicine or suspends or revokes a license is effective from the date the secretary certifies the order to the proper county recorder until the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in section 19 of this act and NRS 233B.140.
3. The district court shall give a petition for judicial review of the boards order priority over other civil matters which are not expressly given such priority by law.
Sec. 21. 1. Any person:
(a) Whose practice of medicine has been limited; or
(b) Whose license to practice medicine has been:
(1) Suspended until further order; or
(2) Revoked,
by an order of the board may apply to the board after a reasonable period for removal of the limitation or restoration of his license.
2. In hearing the application, the board:
(a) May require the person to submit to a mental or physical examination by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;
(b) Shall determine whether under all the circumstances the time of the application is reasonable; and
(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.
Sec. 22. The board of medical examiners, a medical review panel of a hospital, a medical-legal screening panel, a medical society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 23. The filing and review of a complaint, its dismissal without further action or its transmittal to the attorney general, and any subsequent disposition by the board, the attorney general or any reviewing court do not preclude.
1. Any measure by a hospital or other institution or medical society to limit or terminate the privileges of a physician according to its rules or the custom of the profession.
κ1977 Statutes of Nevada, Page 828 (CHAPTER 428, SB 413)κ
to limit or terminate the privileges of a physician according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the complaint is in favor of the physician.
2. Any appropriate criminal prosecution by the attorney general or a district attorney based upon the same or other facts.
Sec. 24. NRS 630.300 to 630.350, inclusive, are hereby repealed.
Sec. 25. 1. This section shall become effective upon passage and approval.
2. If Senate Bill No. 394 of the 59th session of the Nevada legislature becomes effective on July 1, 1977, section 5 of this act shall not become effective. If Senate Bill No. 394 of the 59th session of the Nevada legislature is not enacted, section 5 of this act shall become effective on July 1, 1977.
3. Section 24 of this act shall become effective at 12:01 a.m. on July 1, 1977.
4. The remaining sections of this act shall become effective on July 1, 1977.
________
Assembly Bill No. 406Assemblyman Banner
CHAPTER 429
AN ACT relating to unemployment compensation; providing for extension of unemployment compensation to certain public, agricultural and domestic employees; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.045 is hereby amended to read as follows:
612.045 Contributions means the money payments to the unemployment compensation fund required by this chapter, but does not include reimbursement payments [of nonprofit organizations,] in lieu of contributions [,] as provided in NRS 612.553.
Sec. 2. NRS 612.055 is hereby amended to read as follows:
612.055 Employer means:
1. Any employing unit which for any calendar quarter has paid or is liable to pay wages of $225 or more, and which employs during such period one or more persons in an employment subject to this chapter.
2. Any [individual] person or employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another which at the time of such acquisition was an employer subject to this chapter.
3. Any [individual] person or employing unit which acquired the organization, trade or business, or substantially all of the assets thereof, of another employing unit if the employment record of such [individual] person or employing unit subsequent to such acquisition, together with the employment record of the acquired unit, prior to such acquisition, both within the same calendar quarter, would be sufficient to constitute such employing unit as an employer subject to this chapter under subsection 1.
κ1977 Statutes of Nevada, Page 829 (CHAPTER 429, AB 406)κ
both within the same calendar quarter, would be sufficient to constitute such employing unit as an employer subject to this chapter under subsection 1. [of this section.]
4. Any employing unit not an employer by reason of any other subsection of this section, for which within either the current or preceding year service in employment is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund.
5. Any employing unit which, having become an employer under subsections 1, 2 or 3, [of this section,] has not, under NRS 612.555 to 612.580, inclusive, ceased to be an employer subject to this chapter.
6. For the effective period of its election pursuant to NRS 612.565 to 612.580, inclusive, any other employing unit which has elected to become fully subject to this chapter.
7. In the case of domestic service in a private home, local college club or local chapter of a college fraternity or sorority, with respect to any calendar year, any person or employing unit who during any calendar quarter in the current calendar year or the preceding calendar year paid cash wages of $1,000 or more for such service.
8. In the case of agricultural labor, with respect to any calendar year, any person or employing unit who:
(a) During any calendar quarter in the current calendar year or the preceding calendar year paid cash wages of $20,000 or more for agricultural labor; or
(b) On at least 20 days during the current calendar year or preceding calendar year, each day being in a different calendar week, employed at least 10 persons in agricultural labor for some portion of the day, whether or not:
(1) The weeks were consecutive; or
(2) The persons where employed at the same moment of time.
For purposes of this subsection agricultural labor does not include the wages earned by or the employment of any employee performing domestic service.
9. This state, or any political subdivision thereof, or any instrumentality of this state or its political subdivision which is owned by this state or one more of its political subdivisions alone or in conjunction with one or more other states or political subdivisions thereof.
Sec. 3. NRS 612.070 is hereby amended to read as follows:
612.070 Employment includes [and individuals] a persons entire service, performed within or both within and without this state if:
1. The service is localized in this state; or
2. The service is not localized in any state but some of the service is performed in this state; and
(a) The base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or
(b) The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the [individuals] persons residence is in this state.
3. The service is that of [an individual] a person who is a citizen of the United States, and is performed outside the United States, except [in the Virgin Islands or] Canada, after December 31, 1971, in the employ of an American employing unit (other than service that is deemed employment under the provisions of subsections 1 and 2 or similar provisions of the law of another state), if:
κ1977 Statutes of Nevada, Page 830 (CHAPTER 429, AB 406)κ
of the United States, and is performed outside the United States, except [in the Virgin Islands or] Canada, after December 31, 1971, in the employ of an American employing unit (other than service that is deemed employment under the provisions of subsections 1 and 2 or similar provisions of the law of another state), if:
(a) The employers principal place of business in the United States is located in this state; or
(b) The employer has no place of business in the United States, but:
(1) The employer is [an individual] a natural person who is a resident of this state; [or]
(2) The employer is a corporation which is organized under the laws of this state; [or]
(3) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or
(c) None of the criteria of paragraphs (a) and (b) is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the [individual] employee has filed a claim for benefits, based on such service, under the law of this state.
4. Services performed [after January 1, 1972,] by an officer or member of the crew of an American vessel or American aircraft on or in connection with such vessel or aircraft, if the operating office, from which the operations of such vessel or aircraft operating within, or within and without, the United States are ordinarily and regularly supervised, managed, directed and controlled, is within this state.
5. [Notwithstanding] In addition to any other provisions of this section, service is required to be covered under this chapter, if with respect to such service a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund, or if such service is required to be covered as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act.
Sec. 4. NRS 612.090 is hereby amended to read as follows:
612.090 1. Employment [shall not include] includes agricultural labor [if the services performed are:
(a)] if:
(a) The services are performed in the employ of a person who:
(1) Paid cash wages of $20,000 or more during any calendar quarter of the current calendar year or preceding calendar year to persons employed in agricultural labor; or
(2) Employed 10 or more persons in agricultural labor some portion of the day for at least 20 days, each day being in a different calendar week, during the current calendar year or preceding calendar year whether or not the weeks were consecutive or the persons were employed at the same moment of time; and
(b) The services are performed:
(1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and furbearing animals and wildlife.
κ1977 Statutes of Nevada, Page 831 (CHAPTER 429, AB 406)κ
caring for, training and management of livestock, bees, poultry and furbearing animals and wildlife.
[(b)] (2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of the farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm.
[(c)] (3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, 12 U.S.C. § 1141j, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.
[(d)] (4) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity with respect to which such service is performed.
[(e)] (5) In the employ of a group of operators of farms, or a cooperative organization of which such operators are members, in the performance of service described in [paragraph (d),] subparagraph (4), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.
The provisions of [paragraphs (d) and (e) shall not be deemed to be applicable with respect] subparagraphs (4) and (5) do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
[(f)] (6) On a farm operated for profit [if such] although the service is not in the course of the employers trade or business. [or is domestic service in a private home of the employer.]
2. As used in this section, the term farm includes stock, dairy, poultry, fruit, furbearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities, and orchards.
3. The provisions of this section do not apply to services performed before January 1, 1980, by an alien admitted to the United States to perform agricultural labor pursuant to sections 214 (c) and 101(a)(15)(H) of the Immigration and Nationality Act, 8 U.S.C. §§ 1184(c) and 1101(a)(15)(H) respectively.
Sec. 5. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, crew leader means any person who:
(a) Furnishes persons to perform agricultural labor for any other person;
κ1977 Statutes of Nevada, Page 832 (CHAPTER 429, AB 406)κ
(b) Pays the persons furnished by him, either on his own behalf or on behalf of another person; and
(c) Has not entered into a written agreement with another person under which he is designated as an employee of the other person.
2. For purposes of this chapter, any person who is a member of a crew furnished by a crew leader to perform agricultural labor for any other person is in the employment of the crew leader if:
(a) The crew leader holds a valid certification of registration under the Farm Labor Contractor Registration Act of 1963; or
(b) Substantially all the members of the crew operate or maintain tractors, mechanized harvesting or crop dusting equipment or any other mechanized equipment provided by the crew leader, and the services of the person performing agricultural labor are not otherwise defined as employment under this chapter.
3. Whenever any person is furnished by a crew leader to perform agricultural labor for any other person and he is not in the employment of the crew leader pursuant to subsection 2:
(a) The other person and not the crew leader is considered the employer; and
(b) The other person is considered to have paid cash remuneration to the person performing the agricultural labor in an amount equal to the amount paid by the crew leader, either on behalf of the crew leader or on behalf of the other person.
Sec. 6. NRS 612.095 is hereby amended to read as follows:
612.095 Employment [shall] does not include domestic service in a private home [.] unless the amount paid in cash wages by an employer or employing unit is $1,000 or more for service performed in any calendar quarter of the current calendar year or the preceding calendar year.
Sec. 7. NRS 612.115 is hereby amended to read as follows:
612.115 1. Employment [shall not include] includes service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state or its political subdivisions which is [wholly] owned by this state or one or more of its political subdivisions [, nor any service performed in the employ of any such instrumentality to the extent that the instrumentality is, with respect to such service, exempt under the Constitution of the United States from the tax imposed by Section 3301 of the Internal Revenue Code of 1954.] alone or in conjunction with one or more other states or political subdivisions thereof, which is excluded from the definition of employment by the provisions of 26 U.S.C. § 3306(c)(7), except service:
(a) As an elected official;
(b) As a member of a legislative body, or a member of the judiciary, of the state or a political subdivision;
(c) As a member of the Nevada National Guard or Nevada Air National Guard:
(d) In employment serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency; or
(e) In a position which, under or pursuant to state law, is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week.
κ1977 Statutes of Nevada, Page 833 (CHAPTER 429, AB 406)κ
as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week.
2. [Any] Every department of this state, [or any] and every political subdivision thereof, [or any] and each of the [aforesaid] instrumentalities of this state [or] and its political subdivisions, [may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to] shall become an employer as provided in this chapter. [, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality.
3. Service performed in the employ of this state or any of its instrumentalities, or in the employ of this state and one or more other states or their instrumentalities, for a hospital or institution of higher education located in this state is excluded from the definition in subsection 1 of this section.]
3. Employment does not include service performed:
(a) In a facility conducted for the purpose of carrying out a program of rehabilitation for persons whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for persons who, because of their impair physical or mental capacity, cannot be readily absorbed in the competitive labor market by a person receiving such rehabilitation or remunerative work;
(b) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by a person receiving such work relief or work training; or
(c) By an inmate of a custodial or penal institution.
Sec. 8. NRS 612.121 is hereby amended to read as follows:
612.121 1. Employment includes service [after December 31, 1971, by an individual] by a person in the employ of:
(a) Corporations; or
(b) Any community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or [individual,] person, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office, only if the following conditions are met:
(1) The service is excluded from employment as defined in the Federal Unemployment Tax Act solely by reason of 26 U.S.C. § 3306(c)(8).
(2) The organization had four or more [individuals] persons in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.
κ1977 Statutes of Nevada, Page 834 (CHAPTER 429, AB 406)κ
preceding calendar year, regardless of whether they were employed at the same moment of time.
2. For the purposes of subsection 1 the term employment does not apply to service performed:
(a) In the employ of:
(1) A church or convention or association of churches; or
(2) An organization which is operated primarily for religious purposes and which is operated, supervised, controlled or principally supported by a church or convention or association of churches; [or]
(b) By a duly ordained, commissioned or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; [or
(c) In the employ of a school which is not an institution of higher education; or
(d)] (c) In a facility conducted for the purpose of carrying out a program of rehabilitation for [individuals] persons whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for [individuals] persons who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by [an individual] a person receiving such rehabilitation or remunerative work; or
[(e)] (d) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by [an individual] a person receiving such work relief or work training.
Sec. 9. NRS 612.140 is hereby amended to read as follows:
612.140 Employment [shall] does not include domestic service performed in the employ of a local chapter of a college fraternity or sorority [.] unless the amount paid in cash wages by an employer or employing unit is $1,000 or more for service performed during any calendar quarter of the current calendar year or the preceding calendar year.
Sec. 10. NRS 612.169 is hereby amended to read as follows:
612.169 Institution of higher education means an educational institution which:
1. Admits as regular students only [individuals] persons having a certificate of graduation from a high school or the recognized equivalent of such a certificate;
2. Is legally authorized within this state to provide a program of education beyond high school;
3. Provides an educational program for which it awards a Bachelors or higher degree, or provides a program which is acceptable for full credit toward such a degree, [a program of postgraduate or post-doctoral studies,] or offers a program of training to prepare students for gainful employment in a recognized occupation; and
4. Is a public or other nonprofit institution.
For the purposes of this section, all colleges and universities of this state are institutions of higher education.
Sec. 11. NRS 612.180 is hereby amended to read as follows:
612.180 State includes, in addition to the states of the United States of America, the District of Columbia, [and] the Commonwealth of Puerto Rico [.]
κ1977 Statutes of Nevada, Page 835 (CHAPTER 429, AB 406)κ
States of America, the District of Columbia, [and] the Commonwealth of Puerto Rico [.] and the Virgin Islands.
Sec. 12. NRS 612.190 is hereby amended to read as follows:
612.190 1. Wages means all remuneration paid for personal services, including commissions and bonuses and the cash value of all remuneration [,] payable in any medium other than cash. The reasonable cash value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the executive director. For the purpose of a determination of insured status only, back-pay awards [after January 1, 1955,] shall be allocated to the quarters with respect to which they were paid.
2. Wages [shall] does not include:
(a) The amount of any payment made [after July 1, 1957,] (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment) [,] to [,] or on behalf of [, an individual] a person or any of his dependents under a plan or system established by an employing unit which makes provision generally for [individuals] persons performing service for it (or for [such individuals] those persons generally and their dependents), or for a class or classes of [such individuals] those persons (or for a class or classes of [such individuals] those persons and their dependents), on account of:
(1) Retirement; [or]
(2) Sickness or accident disability; [or]
(3) Medical or hospitalization expenses in connection with sickness or accident disability; or
(4) Death.
(b) The amount of any payment made [after July 1, 1957,] by an employing unit to [an individual] a person performing service for it (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement.
(c) The amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability [, made after July 1, 1957,] by an employing unit to [,] or on behalf of [, an individual] a person performing services for it after the expiration of 6 calendar months following the last calendar month in which the [individual] person performed services for [such] the employing unit.
(d) The amount of any payment made [after July 1, 1957,] by an employing unit to [,] or on behalf of [, an individual] a person performing services for it or his beneficiary:
(1) From or to a trust described in Section 401(a) which is exempt from tax under Section 501(a) of the Internal Revenue Code of 1954 at the time of [such] the payment unless [such] the payment is made to [an individual] a person performing services for the trust as remuneration for [such] his services and not as a beneficiary of the trust; or
(2) Under or to an annuity plan which, at the time of [such] the payment, meets the requirements of Section 401(a) (3), (4), (5) and (6) of the Internal Revenue Code of 1954.
κ1977 Statutes of Nevada, Page 836 (CHAPTER 429, AB 406)κ
(e) The payment by an employing unit, without deduction from the remuneration of the [individual] person in its employ, of the tax imposed upon [an individual] a person in its employ, under Section 3101 of the Internal Revenue Code of 1954 with respect to services performed [after July 1, 1957.] for the employing unit.
(f) Remuneration paid [after July 1, 1957,] in any medium other than cash [to an individual] to any person who performs agricultural labor or to a person for service not in the course of the employing units trade or business.
(g) The amount of any payment (other than vacation or sick pay) made [after July 1, 1957,] to [an individual] a person after the month in which he attains the age of 65, if he did not perform services for the employing unit in the period for which [such] the payment is made.
Sec. 13. NRS 612.355 is hereby amended to read as follows:
612.355 1. Any otherwise eligible [individual] person is entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of:
(a) Twenty-six times his weekly benefit amount, or
(b) One-third of his total wages for employment by employers during his base period,
computed to the next higher multiple of $1.
2. For the purpose of this section and of subsection 4 of NRS 612.375, wages [shall be] are counted as wages for employment by employers for the benefit purposes with respect to any benefit year only if [such] the benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of NRS 612.055, [612.116,] 612.121 or NRS 612.565 to 612.580, inclusive, with respect to becoming an employer.
Sec. 14. Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 17, inclusive, of this act.
Sec. 15. 1. In order to permit newly covered workers to become eligible for benefits on the basis of wages earned before January 1, 1978, the employment security department is authorized to provide for the payment of benefits for any week of unemployment beginning on or after January 1, 1978, on the basis of previous noncovered services to the extent that such benefits are reimbursable by the Federal Government under the Unemployment Compensation Amendments of 1976 (P.L. 94-566).
2. Any employer who pays contributions or elects to make payments in lieu of contributions to the unemployment compensation fund shall not be charged with respect to benefits paid to any person whose base-period wages include wages for previous noncovered services to the extent that the unemployment compensation fund is reimbursed for the benefits pursuant to the Unemployment Compensation Amendments of 1976 (P.L. 94-566).
Sec. 16. 1. Benefits are not payable on the basis of services performed by an alien unless he has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law, including an alien who is lawfully present in the United States pursuant to section 203(a)(7), or 212(d)(5) of the Immigration and Nationality Act, 8 U.S.C.
κ1977 Statutes of Nevada, Page 837 (CHAPTER 429, AB 406)κ
and Nationality Act, 8 U.S.C. §§ 1153(a)(7) and 1182(d)(5) respectively.
2. Any data or information required of persons applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.
3. In the case of any person whose application for benefits would otherwise be approved, a determination that benefits to that person are not payable because of his alien status may not be made except upon a preponderance of the evidence.
4. Any modification of any condition or any effective date for the denial of benefits based on services performed by an alien under the provisions of section 3304(a)(14) of the Unemployment Compensation Amendments of 1976 (P.L. 94-566) which must be made by this state as a condition for full tax credit against the tax imposed by the Amendments shall be adopted by regulation of the executive director.
Sec. 17. Benefits are not payable to any person on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing for sports or athletic events, for any week which commences during the interval between two successive sport seasons, or similar period, if the person performed the services in the former season, or similar period, and there is a reasonable assurance that he will perform such services in the later season, or similar period.
Sec. 18. NRS 612.377 is hereby amended to read as follows:
612.377 As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:
1. Extended benefit period means a period which:
(a) Begins with the third week after whichever of the following weeks occurs first:
(1) A week for which there is a national on indicator; or
(2) A week for which there is a Nevada on indicator; and
(b) Ends with either of the following weeks, whichever occurs later:
(1) The third week after the first week for which there is both a national off indicator and a Nevada off indicator; or
(2) The 13th consecutive week of such period,
[provided] except that no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to Nevada. [; and provided, further, that no extended benefit period may become effective in Nevada prior to the 61st day following the date of enactment of the Federal-State Extended Unemployment Compensation Act of 1970 and that, within the period beginning on such 61st day and ending on December 31, 1971, an extended benefit period may become effective and be terminated in Nevada solely by reason of a Nevada on and a Nevada off indicator, respectively.]
2. There is a national on indicator for a week if the Secretary of Labor determines that [for each of the three most recent completed calendar months ending before such week,] for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (seasonally adjusted) for all states equaled or exceeded [:
κ1977 Statutes of Nevada, Page 838 (CHAPTER 429, AB 406)κ
(a) During the period commencing January 1, 1975, and ending December 31, 1976, 4 percent.
(b) After December 31, 1976,] 4.5 percent.
3. There is a national off indicator for a week if the Secretary of Labor determines that for [each of the three most recent completed calendar months ending before such week,] the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (seasonally adjusted) for all states was less than [:
(a) During the period commencing January 1, 1975, and ending December 31, 1976, 4 percent.
(b) After December 31, 1976,] 4.5 percent.
4. There is a Nevada on indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:
(a) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and
(b) Equaled or exceeded 4 percent.
5. There is a Nevada off indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or
(b) Was less than 4 percent.
6. Rate of insured unemployment, for purposes of subsections 4 and 5, means the percentage derived by dividing:
(a) The average weekly number of [individuals] persons filing claims in this state for the weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the executive director on the basis of his reports to the Secretary of Labor; by
(b) The average monthly employment covered under this chapter as determined by the executive director and recorded in department records for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.
7. Regular benefits means benefits payable to [an individual] a person under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) other than extended benefits.
8. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) payable to [an individual] a person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligibility period.
9. Additional benefits means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law.
κ1977 Statutes of Nevada, Page 839 (CHAPTER 429, AB 406)κ
factors under the provisions of any state law. [An individual] Any person who is entitled to both additional and extended benefits for the same week shall be given the choice of electing which type of benefit to claim regardless of whether his rights to additional and extended benefits arise under the law of the same state or different states.
10. Eligibility period of [an individual] a person means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within [such] the extended benefit period, any weeks thereafter which begin in [such] that period.
11. Exhaustee means [an individual] a person who, with respect to any week of unemployment in his eligibility period.
(a) Has received, prior to such week, all of the regular, seasonal or nonseasonal benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. § 8501 et seq.) in his current benefit year [that] which includes [such] that week; [provided,] except that, for the purposes of this paragraph, [an individual] a person shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(b) His benefit year having expired prior to [such] that week, has no, or insufficient, wages on the basis of which he could establish a new benefit year [that] which would include [such] that week; and
(c) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of [the Virgin Islands or of] Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.
12. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
[13. The provisions of paragraph (a) of subsection 4 and paragraph (a) of subsection 5 shall not be effective for weeks of employment beginning at any time during the period commencing January 1, 1975, and ending December 31, 1976.]
Sec. 18.5. NRS 612.545 is hereby amended to read as follows:
612.545 1. For the purposes of NRS 612.535 and 612.540, [:
(a) Beginning on the first day of the first calendar quarter after February 25, 1965, wages do not include that part of remuneration which, after remuneration equal to $3,800 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
κ1977 Statutes of Nevada, Page 840 (CHAPTER 429, AB 406)κ
calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
(b) Beginning on the first day of first calendar quarter after December 31, 1971, wages do not include that part of remuneration which, after remuneration equal to $4,200 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
(c) Beginning on the first day of the first calendar quarter after June 30, 1975,] wages do not include that part of remuneration paid with respect to employment to an individual by an employer during any calendar year which exceeds 66⅔ percent of the average annual wage, rounded to the nearest hundred dollars, for the preceding calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter. The average annual wage for employers who do not elect reimbursement in lieu of contributions shall be computed as follows: On or before July 1, [commencing with 1974,] the total wages reported for the preceding calendar year by such employers who are subject to the provisions of this chapter shall be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in such year.
2. For the purposes of this section any employer who acquired the entire or a distinct and severable portion of the organization, trade or business or substantially all of the assets of an employer shall be treated as a single unit with its predecessor for the calendar year in which such acquisition occurs.
Sec. 19. NRS 612.553 is hereby amended to read as follows:
612.553 1. For the purposes of this section:
(a) Nonprofit organization means any entity described in subsection 1 of NRS 612.121.
(b) Political subdivision means any entity described in subsection 9 of NRS 612.055.
2. Any nonprofit organization [as defined in NRS 612.121 which becomes] or any political subdivision which is subject to this chapter: [on or after January 1, 1972:]
(a) Shall pay contributions to the unemployment compensation fund in the manner provided in NRS 612.535 to 612.550, inclusive, unless it elects, in accordance with this section, to pay into the unemployment compensation fund, in lieu of contributions, as reimbursement an amount equivalent to the amount of regular unemployment compensation benefits and one-half of the extended benefits paid to claimants that is attributable to wages paid [by such nonprofit organization.] , except that after December 31, 1978, a political subdivision shall reimburse an amount equal to the regular unemployment compensation benefits and all of the extended benefits. The amount of benefits payable by each employer who elects to make payments by way of reimbursement in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to [an individual] a person as the total base-period wages paid to [the individual by such] that person by the employer bear to the total base-period wages paid to [the individual] that person by all of his base-period employers.
κ1977 Statutes of Nevada, Page 841 (CHAPTER 429, AB 406)κ
to [an individual] a person as the total base-period wages paid to [the individual by such] that person by the employer bear to the total base-period wages paid to [the individual] that person by all of his base-period employers. Two or more employers who have become liable for payments by way of reimbursement in lieu of contributions may file a joint application, in accordance with regulations of the executive director, for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers.
(b) May elect to become liable for payments by way of reimbursement in lieu of contributions, for a period of not less than 1 taxable year beginning with January 1, 1972, provided it files with the executive director a written notice of such election within the 30-day period immediately following such date. Such organization [will continue to be] remains liable for payments by way of reimbursement in lieu of contributions until it files with the executive director a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination is first effective.
(c) May elect to become liable for payments by way of reimbursement in lieu of contributions for a period of not less than 4 consecutive calendar quarters beginning with the first day of the calendar quarter on which [such subjectivity begins] it became subject to this chapter by filing a written notice with the executive director not later than 30 days immediately following the date of the determination [of such subjectivity. Such organization will continue to be] that it is subject to this chapter. The organization remains liable for payments by way of reimbursement in lieu of contributions until it files with the executive director a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which [such] the termination is first effective.
[2.] 3. Any nonprofit organization [as defined in NRS 612.121] or any political subdivision which [has been] is paying contributions as provided in NRS 612.535 to 612.550, inclusive, [for a period subsequent to January 1, 1972,] may change to a reimbursement-in-lieu-of-contributions basis by filing with the executive director not later than 30 days prior to the beginning of any taxable year a written notice of its election to become liable for payments by way of reimbursements in lieu of contributions. [Such] The election [shall not be] is not terminable by the organization for that and the next taxable year.
[3.] 4. The executive director may for a good cause extend the period in which a notice of election or a notice of termination must be filed and may permit an election to be retroactive, but not any earlier than with respect to benefits paid after December 31, 1970 [.] , for a nonprofit organization or December 31, 1976, for a political entity.
[4.] 5. The executive director shall notify each nonprofit organization [as defined in NRS 612.121] and each political subdivision of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. [Such] His determination [shall be] is subject to reconsideration, petitions for hearing and judicial review in accordance with the provisions of this chapter.
[5.] 6. The amount of reimbursement in lieu of contributions due from each employing unit which [has elected] elects to make reimbursement in lieu of contributions shall be determined by the executive director as soon as practicable after the end of each calendar quarter or at the end of any other period as determined by the executive director.
κ1977 Statutes of Nevada, Page 842 (CHAPTER 429, AB 406)κ
from each employing unit which [has elected] elects to make reimbursement in lieu of contributions shall be determined by the executive director as soon as practicable after the end of each calendar quarter or at the end of any other period as determined by the executive director. The executive director shall bill each employing unit which [has elected to make] makes reimbursement in lieu of contributions for an amount [equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter which is attributable to service in the employ of the employing unit.] determined pursuant to paragraph (a) of subsection 2. Amounts due under this subsection shall be paid not later than 30 days after a bill is mailed to the last-known address of the employing unit. If payment is not made on or before the date due and payable, the whole or any part thereafter remaining unpaid shall bear interest at the rate of one-half percent per month or fraction thereof, from and after the due date until payment is received by the executive director. The amount of payments due hereunder, but not paid, may be collected by the executive director, together with interest and penalties, if any, in the same manner and subject to the same conditions as contributions due from other employers. The amount due specified in any bill from the executive director [shall be] is conclusive and binding on the employing unit, unless not later than 15 days after the bill was mailed to its last-known address, the employing unit files an application for redetermination. A redetermination made under this subsection [shall be] is subject to petition for hearing and judicial review in accordance with the provisions of this chapter. Payments made by any nonprofit organization under the provisions of this section shall not be deducted, in whole or in part, from the wages of [individuals in employment for such] any person employed by that organization.
[6.] 7. Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter. [, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.
7.] 8. In determining contribution rates assigned to employers under this chapter, the payrolls of employing units liable for payments in lieu of contributions shall not be included in computing the contribution rates to be assigned to employers under this chapter. The reimbursement in lieu of contributions paid by or due from such employing units shall be included in the total assets of the fund in the same manner as contributions paid by other employers.
[8.] 9. The provisions of NRS 612.550 do not apply to employers who elect reimbursement in lieu of contributions.
[9.] 10. Except as inconsistent with the provisions of this section, the provisions of this chapter and regulations of the executive director shall apply to any matter arising pursuant to this section.
κ1977 Statutes of Nevada, Page 843 (CHAPTER 429, AB 406)κ
the provisions of this chapter and regulations of the executive director shall apply to any matter arising pursuant to this section.
Sec. 20. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Benefits based on service in an instructional, research or principal administrative capacity in any educational institution shall be denied to any person for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the persons contract, if that person performs the service in the first of such academic years or terms and there is a contract or reasonable assurance that he will be provided employment in any such capacity for an educational institution in the next academic year or term.
2. Benefits based on service in any other capacity for any educational institution, except an institution of higher education, shall be denied to any person for any week of unemployment which begins during the period between two successive academic years or terms if the person performed the service in the first of such academic years or terms and there is reasonable assurance that the person will be provided employment to perform such service in the next academic year or term.
Sec. 21. NRS 612.555 is hereby amended to read as follows:
612.555 Any employing unit which becomes an employer subject to this chapter within any calendar quarter is subject to this chapter from the beginning of that quarter, except that any nonprofit organization as defined in NRS 612.121, or agricultural employer or domestic employer as defined in NRS 612.055, which becomes subject to this chapter within any calendar year is subject to this chapter for the whole of [such] the calendar year.
Sec. 22. NRS 612.560 is hereby amended to read as follows:
612.560 1. Except as otherwise provided in NRS 612.565 to 612.580, inclusive [:
(a) An] , an employing unit [shall cease] ceases to be an employer subject to this chapter at any time when it appears to the satisfaction of the executive director that: [during]
(a) During each of the [4] four completed calendar quarters immediately preceding [such] his finding, [such] the employing unit did not employ in employment subject to this chapter one or more persons in any calendar quarter wherein [such] the employing unit had a payroll of $225 or more [.] ;
(b) [At any time when it appears to the satisfaction of the executive director that any] Any nonprofit organization, [defined as a community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office,] as described in subsection 1 of NRS 612.121, does not qualify for coverage [under NRS 612.121] because it does not meet the requirements of subparagraph (2) of paragraph (b) of subsection 1 of [such] that section; [, such organization shall cease to be an employer subject to this chapter.]
κ1977 Statutes of Nevada, Page 844 (CHAPTER 429, AB 406)κ
of NRS 612.121, does not qualify for coverage [under NRS 612.121] because it does not meet the requirements of subparagraph (2) of paragraph (b) of subsection 1 of [such] that section; [, such organization shall cease to be an employer subject to this chapter.]
(c) Any agricultural employer, as defined in NRS 612.055, does not qualify for coverage because it does not meet the requirements of that section; or
(d) Any domestic employer, as defined in NRS 612.055, does not qualify for coverage because it does not meet the requirements of those sections.
2. For the purposes of this section, the two or more employing units mentioned in subsection 2 or 3 of NRS 612.055 shall be treated as a single employing unit.
Sec. 23. NRS 612.580 is hereby amended to read as follows:
612.580 The executive director may terminate the approval of the election [of any such employer] of coverage made by any employing unit pursuant to NRS 612.565 and 612.570 at any time upon 30 days written notice. [Political subdivisions that have elected coverage for employees of hospitals and institutions of higher education may not have such election terminated by the executive director. Any such political subdivision may terminate coverage in the manner provided in subsection 3 of NRS 612.575.]
Sec. 24. NRS 612.116 and 612.575 are hereby repealed.
Sec. 25. The legislature declares that it is enacting those provisions of this act which extend coverage under chapter 612 of NRS to employees of this state and its political subdivisions only because such extension is required by Public Law 94-566 to prevent the loss of private employers in this state of their credit against the federal unemployment tax, and not voluntarily. If it is finally decided by an appropriate court that Congress lacks the power to compel the states to provide compensation for their employees and those of their political subdivisions, the attorney general shall so advise the legislative counsel, and the legislative counsel shall prepare and submit to the next session of the legislature at which it may be considered, appropriate legislation to repeal the provisions mentioned in this section.
Sec. 26. This act shall become effective on January 1, 1978.
________
κ1977 Statutes of Nevada, Page 845κ
Senate Bill No. 116Committee on Education, Health and Welfare and State Institutions
CHAPTER 430
AN ACT relating to the punishment of crime; establishing the department of prisons; providing for its organization, administration, powers, duties and functions; providing for the transportation, transfer, custody, care, education and employment of offenders; providing for credits on the term of imprisonment; providing for the release of offenders; providing penalties; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 51.5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Board means the board of state prison commissioners as defined by section 21 of article 5 of the Nevada constitution.
Sec. 4. Classification means the process of individual case evaluation to determine the custody and program needs of the individual offender.
Sec. 5. Custody means the level of security restrictions imposed on an offender by a classification committee.
Sec. 6. Department means the department of prisons.
Sec. 7. Director means the director of the department of prisons.
Sec. 8. Institution means a prison, community correctional center, or other facility operated by the department for the custody, care and training of offenders.
Sec. 9. Offender means any person convicted of a crime under the laws of this state and sentenced to imprisonment in the state prison.
Sec. 10. Superintendent means the administrative officer in charge of an institution.
Sec. 11. 1. The department of prisons is hereby created.
2. The head of the department is the board of state prison commissioners.
3. The governor is the president of the board. The secretary of state is the secretary of the board.
4. Any two members of the board constitute a quorum for the transaction of business.
5. The secretary shall keep full and correct records of all the transactions and proceedings of the board.
Sec. 12. The board has full control of all grounds, buildings, labor, and property of the department, and shall:
1. Purchase, or cause to be purchased, all commissary supplies, materials and tools necessary for any lawful purpose carried on at any institution of the department.
2. Sell all manufactured articles and collect the money for their sale.
3. Contract with tax-supported, nonprofit government agencies for any labor of offenders and collect money therefor. All state agencies shall cooperate with the department in carrying out the provisions of this subsection to the extent consistent with their other lawful duties.
κ1977 Statutes of Nevada, Page 846 (CHAPTER 430, SB 116)κ
cooperate with the department in carrying out the provisions of this subsection to the extent consistent with their other lawful duties.
4. Regulate the number of officers and employees of the department.
5. Prescribe regulations for carrying on the business of the board and the department.
Sec. 13. 1. The chief administrative and fiscal officer of the department is the director.
2. The director:
(a) Shall be appointed by the governor.
(b) Is responsible to the board.
(c) Shall be selected with special reference to his training, experience and aptitude in the field of corrections.
(d) Is entitled to receive an annual salary in an amount fixed by law.
(e) Shall not engage in any other gainful employment or occupation.
Sec. 14. The director shall:
1. Administer the department under the direction of the board.
2. Supervise the administration of all institutions of the department.
3. Receive, retain and release in accordance with law offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his jurisdiction.
5. Establish regulations with the approval of the board and enforce all laws governing the administration of the department and the custody, care and training of offenders.
6. Take proper measures to protect the health and safety of the staff and inmates of the institutions of the department.
7. Cause to be placed from time to time in conspicuous places about each institution copies of laws and regulations relating to visits and correspondence between offenders and others.
8. Provide for the holding of religious services in the institutions and make available to the inmates copies of appropriate religious materials.
Sec. 15. The director may, with the approval of the board, enter into agreements with other governmental agencies and with private organizations to carry out the purposes of this chapter.
Sec. 16. 1. The director shall appoint, with the approval of the board, a deputy director, who shall be in the unclassified service of the state and is entitled to receive an annual salary in an amount fixed by law.
2. During any absence of the director, the deputy director is acting director of the department without increase in salary.
3. The deputy director shall carry out such administrative duties as may be assigned to him by the director and shall not engage in any other gainful employment or occupation.
Sec. 17. 1. The director shall appoint a superintendent for each institution of the department.
2. Each superintendent shall be in the classified service of the state except for purposes of retention and is entitled to receive an annual salary in an amount fixed by law.
3. Each superintendent is responsible to the director for the administration of his institution, including the execution of all policies and the enforcement of all regulations of the department pertaining to the custody, care and training of offenders under his jurisdiction.
κ1977 Statutes of Nevada, Page 847 (CHAPTER 430, SB 116)κ
Sec. 18. 1. The director, deputy director, and the superintendent, deputy superintendent, correctional officers and other employees of an institution so designated by the director have the powers and privileges of peace officers when performing duties prescribed by the director.
2. For the purposes of subsection 1, the duties which may be prescribed by the director include, but are not limited to, pursuit and return of escaped offenders, transportation and escort of offenders and the general exercise of control over offenders within or outside the confines of the institution.
Sec. 19. 1. If the director finds that it is necessary or desirable that any officer or employee reside at an institution, perquisites granted to the officer or employee or charges for services rendered to him shall be at the discretion of the board.
2. The director shall notify the legislature at each regular session of the existing charges and perquisites.
Sec. 20. 1. The prison residence fund is hereby created as a special revenue fund.
2. The prison residence fund consists of all receipts of rents charged for occupancy of prison residences.
3. Subject to the approval of the board, the director may expend the money in the prison residence fund for the purchase of materials and equipment, but not for furniture or furnishings, to improve existing prison residences and for the construction of new residences by prison labor.
Sec. 21. 1. The prison revolving account in the sum of $1,500 is hereby created, and may be used for the payment of small prison bills and bills requiring immediate payment, and for no other purposes.
2. The director may deposit the prison revolving account in one or more banks of reputable standing.
3. Payments made from the prison revolving account shall be promptly reimbursed from appropriated money of the department on claims as other claims against the state are paid.
Sec. 22. 1. The prison warehouse fund is hereby created as an intragovernmental service fund. The director shall administer the fund.
2. Purchases for the use of the department shall be made from the fund, and as each item purchased is distributed to an institution of the department, its cost shall be charged to the budget of that institution and credited to the fund.
3. Claims against the fund, approved by the director, shall be paid as other claims against the state are paid.
Sec. 23. 1. The prisoners store fund is hereby created as a trust fund. All money received for the benefit of offenders through contributions, percentages from sales of goods manufactured by the offenders, and from other sources not otherwise required to be deposited in another fund, shall be deposited in the prisoners store fund.
2. The director shall:
(a) Deposit the prisoners store fund in one or more banks of reputable standing;
(b) Keep, or cause to be kept, a full and accurate account of the fund; and
κ1977 Statutes of Nevada, Page 848 (CHAPTER 430, SB 116)κ
(c) Submit reports to the board relative to money in the fund as may be required from time to time.
3. Money in the prisoners store fund shall be expended for the welfare and benefit of all offenders.
Sec. 24. 1. Any money received from the operation of any honor camp established under this chapter or from the assignment of any honor camp crew, to the extent that such money is not used for salaries, overhead or operating expenses of any such camp or crew, shall be placed in the division of forestry account.
2. The state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, may:
(a) Expend the moneys received pursuant to subsection 1 for:
(1) The renovation, repair or improvement of buildings and other facilities for any honor camp.
(2) The acquisition of special clothing, tools and equipment and payment of expenses directly related to work projects performed by honor camp crews such as, but not limited to, the costs of utilities and operation of equipment.
(b) Direct all activities in connection with any such renovation, repair or improvement of buildings and other facilities for any honor camp or any honor camp work project.
Sec. 25. The director may accept money and valuables belonging to offenders for safekeeping pending their releases, and shall deposit such money in the prisoners personal property fund, which is a trust fund. He shall keep, or cause to be kept, a full and accurate account of such money and valuables, and shall submit reports to the board relating to such money and valuables as may be required from time to time.
Sec. 26. All books and papers kept by or under the direction of the secretary of the board or the director shall:
1. At all times, on all legal days, be open to the inspection of the members of the board, all other state officers, members of the legislature, and the sheriffs of the several counties of this state.
2. At the expiration of their term of office, be delivered to their successors.
Sec. 27. 1. Upon notification by the county clerk of any county in this state that a person is being held under sentence of imprisonment in the state prison, the director shall immediately provide for the transportation of the offender from the place of confinement to an appropriate institution.
2. The expense of such transportation is a charge against the department and shall be paid upon approval by the board as other claims against the state are paid.
3. The reasonable expenses of maintaining every person sentenced to imprisonment in the state prison, after 5 days notice to the director, is a charge against the department.
4. The officer in charge of transporting an offender is entitled to receive the transportation and subsistence allowance authorized by law for state employees.
5. In all cases where an appeal is sustained by the supreme court, further transportation of the offender is at the expense of the county in which the offender was convicted and at the same rate as provided in subsection 4.
κ1977 Statutes of Nevada, Page 849 (CHAPTER 430, SB 116)κ
the offender was convicted and at the same rate as provided in subsection 4.
Sec. 28. The officer in charge shall transport at the same time all persons awaiting transportation, and the board shall not allow any extra expense incurred by the making of unnecessary trips in transporting separately persons who might be transferred at the same time.
Sec. 29. An officer of the department may transport an offender temporarily to or through any state which adjoins the State of Nevada if:
1. The offender will perform general labor in connection with forestry projects and will be directly returned to the State of Nevada after completion of the general labor; or
2. Some part of Nevada is threatened by fire or other natural disaster and the threat emanates from an adjoining state.
Sec. 30. 1. The director may transfer an offender:
(a) From one institution to another within the department; or
(b) To other governmental agencies,
in accordance with classification evaluations and the requirements of treatment, training, security and custody of the offender.
2. The prison sentence of an offender continues uninterrupted while he is at the facility to which he has been transferred.
Sec. 31. The department may, with the consent of the superintendent of the Nevada youth training center or the superintendent of the Nevada girls training center, transfer to the Nevada youth training center or the Nevada girls training center any minor persons who are inmates of an institution of the department.
Sec. 32. At the request of a county sheriff or the chief of police of a city, the director may authorize the transfer of a person detained in a local facility to an institution of the department for safekeeping. The director shall determine the cost of the custody and care of that person which shall be borne by the local government affected.
Sec. 33. The director may arrange for the transfer of an offender to other appropriate governmental agencies for psychiatric observation, evaluation or stabilization pursuant to an agreement with the agency for such transfers. When the head of the facility to which the offender has been transferred determines that the offender has recovered from the condition which caused the transfer, the director shall provide for his return to the department.
Sec. 34. An offender may be taken outside an institution, under appropriate precautions to prevent his escape, when necessary for medical evaluation or treatment, as determined by the director.
Sec. 35. The director shall assign every person who is sentenced to imprisonment in the state prison to an appropriate institution of the department. The assignment shall be based on an evaluation of the offenders records, particular needs and custody requirements.
Sec. 36. The director shall:
1. Establish a system of classification and evaluation to insure the individualized custody, care and training of offenders under the departments jurisdiction.
2. Keep, or cause to be kept, records of all offenders whereon shall be recorded.
κ1977 Statutes of Nevada, Page 850 (CHAPTER 430, SB 116)κ
(a) The name, age, date of birth, race, sex, height, weight, complexion, color of eyes and hair, peculiarities of build or features.
(b) Place of birth (state, county or city, or country, province or city).
(c) Occupation, and whether the offender can read and write.
(d) Date of sentence, name of the judge passing sentence, county from which sentenced, the crime charged, date of incarceration, term of imprisonment, expiration date of minimum and maximum terms of imprisonment.
(e) Such other desirable or pertinent information as may be necessary.
3. Maintain a comprehensive record of the behavior of each offender reflecting his accomplishments and progress as well as charges of infractions of regulations, punishments imposed and medical services rendered.
Sec. 37. The director shall:
1. Adopt with the approval of the board such regulations as are necessary to:
(a) Maintain proper custody of an offender in accordance with his current classification.
(b) Prevent escapes and maintain good order and discipline.
2. Establish procedures by regulation for disposing of cases involving violations of law in institutions of the department.
3. Establish sanctions appropriate to the type and severity of such violations.
Sec. 38. Corporal punishment and inhumane treatment of offenders are prohibited.
Sec. 39. 1. Each offender in an institution of the department shall be provided a healthful diet and appropriate, sanitary housing.
2. The director with the approval of the board shall establish standards for personal hygiene of offenders and for the medical and dental services of each institution.
Sec. 40. The director shall:
1. Establish programs to provide medical, psychological, psychiatric and other appropriate forms of counseling to offenders under the jurisdiction of the department, in accordance with classification requirements.
2. Establish educational and vocational programs and training directed toward the eventual release of the offender to the community as a productive, law-abiding citizen.
Sec. 41. The director may, with the approval of the board, establish facilities which enable offenders to live in a community while obtaining regular employment, enrolling in academic courses, participating in vocational training programs, utilizing community resources in meeting their personal and family needs, and participating in whatever other approved programs may exist within the community.
Sec. 42. The director shall provide a facility for the detention and treatment of such persons committed to the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources under NRS 178.425 as the administrator may deem proper to place in such facility if other secure facilities are not available to the mental hygiene and mental retardation division for this purpose.
Sec. 43. Superintendent may authorize visits and correspondence between offenders and appropriate friends, relatives, and others under regulations adopted by the director and approved by the board.
κ1977 Statutes of Nevada, Page 851 (CHAPTER 430, SB 116)κ
between offenders and appropriate friends, relatives, and others under regulations adopted by the director and approved by the board.
Sec. 44. 1. Every offender who was sentenced to an institution of the department on or before June 30, 1969, who has no serious infraction of the regulations of the institution, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits shall be as shown in the following table:
SCHEDULE OF CREDITS
Number of
years of Good time Total good time Time to be served if
sentence. granted. made. full time is made.
1st year................ 2 months 2 months 10 months
2nd year............... 2 months 4 months 1 year, 8 months
3rd year............... 4 months 8 months 2 years, 4 months
4th year................ 4 months 1 year 3 years
5th year................ 5 months 1 year, 5 months 3 years, 7 months
6th year................ 5 months 1 year, 10 months 4 years, 2 months
7th year................ 5 months 2 years, 3 months 4 years, 9 months
8th year................ 5 months 2 years, 8 months 5 years, 4 months
9th year................ 5 months 3 years, 1 month 5 years, 11 months
10th year............. 5 months 3 years, 6 months 6 years, 6 months
and so on through as many years as may be the term of the sentence.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes.
4. Each offender is entitled to the deductions allowed by this section unless the board finds that for misconduct or other cause reported by the director he should not receive them.
Sec. 45. 1. Every offender who is sentenced to an institution of the department after June 30, 1969, who has no serious infraction of the regulations of the institution, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for the period he is actually incarcerated under sentence a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit shall be recorded on a monthly basis as earned for actual time served.
2. The mode of reckoning credits shall be as shown in the following table:
κ1977 Statutes of Nevada, Page 852 (CHAPTER 430, SB 116)κ
SCHEDULE OF CREDITS
Number of Good time Total good
years served. granted. time made.
1 year.............................................................. 2 months 2 months
2 years............................................................. 2 months 4 months
3 years............................................................. 4 months 8 months
4 years............................................................. 4 months 1 year
5 years............................................................. 5 months 1 year, 5 months
6 years............................................................. 5 months 1 year, 10 months
7 years............................................................. 5 months 2 years, 3 months
8 years............................................................. 5 months 2 years, 8 months
9 years............................................................. 5 months 3 years, 1 month
10 years........................................................... 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made shall be deducted from the maximum term imposed by the sentence and shall apply to parole eligibility as provided by law.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes.
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 as determined by the director.
Sec. 46. 1. If any offender:
(a) Commits any assault upon his keeper or any foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of any flagrant disregard of the regulations of the department; or
(c) Commits any misdemeanor, gross misdemeanor or felony,
he forfeits all deductions of time earned by him before the commission of such offense, or forfeits such part of such deductions as to the state board of parole commissioners may seem just.
2. If any offender commits a serious violation of any of the regulations of the department, he may forfeit all or part of such deductions, in the discretion of the state board of parole commissioners.
3. A forfeiture shall be made only by the state board of parole commissioners after proof of the offense and notice to the offender. The decision of the state board of parole commissioners regarding a forfeiture is final.
4. The state board of parole commissioners may restore credits forfeited for such reasons as to it may seem proper.
Sec. 47. 1. The director shall make available appropriate employment opportunities and work experience for inmates based on the results of a classification evaluation. To the greatest extent possible, equipment, management practices and general procedures should approximate the normal conditions of employment in the community.
2. The department, through the director and with the approval of the board, may make contractual arrangements for the use of an offenders labor by other units of government or for purposes of training in actual employment when evidence is available that such employment will contribute to the process of preparing the offender for lawful and productive community living.
κ1977 Statutes of Nevada, Page 853 (CHAPTER 430, SB 116)κ
employment when evidence is available that such employment will contribute to the process of preparing the offender for lawful and productive community living.
3. Offenders may be compensated at rates fixed by the director and approved by the board for work performed.
4. The department may grant the prisoner the privilege of leaving the institution during necessary and reasonable hours for the purposes set forth in subsections 1 and 2.
5. The director shall establish administrative and fiscal procedures to permit the use of approved regional or community institutions for the placement of offenders approved for the purposes set forth in subsections 1 and 2.
Sec. 48. The director, with the approval of the board, may allow offenders to participate in certain educational, civic and charitable programs in and deemed beneficial to the community in accordance with classification standards and appropriate security measures.
Sec. 49. Any offender participating in work or educational release programs or in any other classification assignment under the provisions of this chapter, other than parole:
1. Continues to be in the legal custody of the director during the offenders absence from an institution.
2. Is considered within the confines of the institution for these purposes, and is subject to all provisions of law pertaining to his confinement, regardless of the location of his assignment.
Sec. 50. 1. The director may grant temporary furloughs consistent with classification evaluations and requirements:
(a) To permit offenders to:
(1) Be interviewed by prospective employers;
(2) Respond to family emergencies; or
(3) Participate in other approved activities.
(b) For such other purposes as may be deemed appropriate by the director with the approval of the board.
2. Furloughs:
(a) Are limited to the confines of the state.
(b) Shall not be granted to offenders:
(1) Sentenced to life imprisonment without the possibility of parole.
(2) Imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.
3. The director shall notify appropriate law enforcement authorities in the affected county or city to anticipate the arrival of the offender within their jurisdiction and inform them of the date and time of the offenders arrival, the reason the furlough was granted, the time when the furlough expires and any other pertinent information which the director deems appropriate.
4. The director with the approval of the board shall adopt regulations for administering the provisions of this section and governing the conduct of offenders granted a furlough.
Sec. 51. When an offender is released from an institution by expiration of his term of sentence, by pardon or by parole, the director:
1. May furnish him with a sum of money not to exceed $50, the amount to be based upon the offenders economic need as determined by the director, which shall be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.
κ1977 Statutes of Nevada, Page 854 (CHAPTER 430, SB 116)κ
the director, which shall be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.
2. Shall give him notice of the provisions of NRS 202.360, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of NRS 207.080 to 207.150, inclusive, relating to the registration and fingerprinting of convicted persons.
3. Shall require him to sign an acknowledgment of the notice required in subsection 2.
Sec. 51.5. 1. Any unauthorized absence from the place of assignment by an offender who is on temporary furlough, participating in a work or educational release program or otherwise in a classification assignment under the provisions of this chapter, constitutes an escape from prison, and the offender shall be punished as provided in NRS 212.090.
2. This section does not apply to offenders released on parole.
Sec. 52. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 53 to 60, inclusive, of this act.
Sec. 53. 1. The state board of parole commissioners, through the chief parole and probation officer, shall establish and administer a work release program under which a person sentenced to a term of imprisonment in a penal or correctional institution may be granted the privilege of leaving secure custody during necessary and reasonable hours to:
(a) Work in this state at gainful private employment that has been approved by the state board of parole commissioners for such purpose.
(b) Obtain in this state additional education, including but not limited to vocational, technical and general education.
2. The work release program may also include, under rules developed by the chief parole and probation officer and approved by the state board of parole commissioners, temporary leave for the purpose of seeking employment in this state.
3. The state board of parole commissioners is responsible for the quartering and supervision of prisoners enrolled in the work release program.
Sec. 54. 1. The director of the department of prisons shall, by appropriate means of classification and selection, determine which of the offenders, during the last 6 months confinement, are suitable for the work release program, excluding those sentenced to life imprisonment who are not eligible for parole and those imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.
2. The director shall then submit to the state board of parole commissioners the names of those offenders he determines to be eligible for the work release program, and the board shall select from those names the offenders it considers to be suitable for the program.
3. Before work release privileges are granted to any offender so selected, the sentencing court shall be notified of the intent to take such action. If the court does not object within 10 judicial days of the notice, the state board of parole commissioners may proceed to enroll the offender in the work release program.
4. In enrolling an offender in the work release program, the state board of parole commissioners shall delegate full authority to the chief parole and probation officer to take all necessary action to enforce rules relating to the general procedures and objectives of the program.
κ1977 Statutes of Nevada, Page 855 (CHAPTER 430, SB 116)κ
parole and probation officer to take all necessary action to enforce rules relating to the general procedures and objectives of the program.
Sec. 55. 1. The chief parole and probation officer shall administer the work release program. In addition to the other duties assigned by the state board of parole commissioners, the chief parole and probation officer shall:
(a) Locate employment for qualified applicants;
(b) Effect placement of offenders under the work release program; and
(c) Generally promote public understanding and acceptance of the work release program.
2. All state agencies shall cooperate with the state board of parole commissioners in carrying out this section to such extent as is consistent with their other lawful duties.
3. Subject to the approval of the state board of parole commissioners, the chief parole and probation officer shall adopt rules for administering the work release program.
Sec. 56. 1. The salaries or wages of an offender employed pursuant to the work release program shall be disbursed in the following order:
(a) To pay the cost of quartering, feeding and clothing the offender.
(b) To allow the offender necessary travel expense to and from work and his other incidental expenses.
(c) To support the offenders dependents.
(d) To pay, either in full or ratably, the offenders obligations which have been acknowledged by him in writing or which have been reduced to judgment.
2. Any balance of an offenders wages remaining after all disbursements have been made pursuant to subsection 1 shall be paid to the offender upon his release from custody.
Sec. 57. 1. The state board of parole commissioners through the chief parole and probation officer may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities of offenders enrolled in work release programs. Each such facility must satisfy standards established by the state board of parole commissioners to assure secure custody of offenders quartered therein.
2. The state board of parole commissioners may not enroll any offender in the work release program unless it has been determined that suitable facilities for quartering the offender are available in the locality where the offender has employment or the offer of employment.
Sec. 58. 1. An offender enrolled in the work release program is not an agent, employee or servant of the department of prisons or the state board of parole commissioners of this state:
(a) While working in employment under the program or seeking such employment; or
(b) While going to such employment from the place where he is quartered or while returning therefrom.
2. An offender enrolled in the work release program is considered to be an offender in an institution of the department of prisons.
Sec. 59. 1. The chief parole and probation officer may immediately terminate any offenders enrollment in the work release program and transfer him to an institution of the department of prisons if, in his judgment, the best interests of the state or the offender require such action.
κ1977 Statutes of Nevada, Page 856 (CHAPTER 430, SB 116)κ
2. If an offender enrolled in the work release program is absent without a reason acceptable to the state board of parole commissioners from his place of employment or his designated quarters, such absence:
(a) Immediately terminates his enrollment in the work release program.
(b) Constitutes an escape from prison, and such offender shall be punished as provided in NRS 212.090.
Sec. 60. 1. There is hereby created in the state treasury the prisoners work release revolving loan fund in the sum of $2,500.
2. The fund shall be used to make loans to offenders to pay their expenses for food, quarters and clothing while participating in the work release program and provision shall be made for repayment.
3. To the extent that the total cash balance of the fund exceeds $2,500 at the end of each fiscal year the excess cash shall revert to the state general fund.
(There is no section 61.)
Sec. 62. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable, deputy constable or police officer.
(d) Any physician, dentist, graduate nurse or registered pharmacist.
(e) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(f) Any mail carrier engaged in the actual carrying of the United States mail on a star route in a rural area.
(g) Any teacher, principal or superintendent actually engaged in teaching or in the supervision of teaching in the public schools of this state, and any member of the faculty of the University of Nevada System, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed. Nothing in this paragraph shall excuse or be construed to excuse any teacher, principal, superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.
(h) Members and officers of paid and volunteer fire departments and members of exempt firemens associations, societies or organizations, as follows:
(1) One-half of all members of each regularly enrolled fire department in this state as specified by such department. This exemption shall not apply to any fire department having 50 or more regular paid personnel.
(2) Any member of a volunteer fire department, association, society or organization in this state.
κ1977 Statutes of Nevada, Page 857 (CHAPTER 430, SB 116)κ
This exemption shall not apply to more than 50 members as designated by such department, association, society or organization.
(i) Any officer or correctional officer employed by the [Nevada state prison.] department of prisons.
(j) Any member or employee of the legislature or the legislative counsel bureau while the legislature is in session.
2. All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it shall appear to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
Sec. 63. NRS 11.400 is hereby amended to read as follows:
11.400 1. Except as provided in subsection 2, an action for injury or death against a health care provider as defined in subsection 5 shall not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or wrongful death of a person, based upon such health care providers alleged professional negligence; [or]
(b) Injury to or wrongful death of a person for rendering professional services without consent; or
(c) Injury to or wrongful death of a person for error or omission in such health care providers practice.
2. This time limitation is tolled for any period during which such health care provider has concealed any act, error or omission upon which such action is based and which is known or through the use of reasonable diligence should have been known to such health care provider.
3. For purposes of this section, the [warden of the Nevada state prison] director of the department of prisons and the administrator of the mental hygiene and mental retardation division of the department of human resources shall be deemed the guardian of every person subject to their respective control who is under a legal disability and are responsible for exercising reasonable judgment in determining whether to initiate any cause of action arising under this section which any such legally disabled person may have against any health care provider under subsection 1. If the [warden] director or administrator fails to take action on behalf of such legally disabled person within the prescribed period of limitation, the legally disabled person shall not be permitted to bring in action based on the same injury against any health care provider under subsection 1 upon the removal of his legal disability.
4. For purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to initiate any cause of action which such minor child may have against any health care provider under subsection 1. If the parent, guardian or custodian fails to take any action on behalf of such child within the prescribed period of limitations, such child shall not be permitted to bring an action based on the same alleged injury against any health care provider under subsection 1 upon the removal of his disability, except that in the case of brain damage or birth defect the period of limitation is extended until the child attains 10 years of age.
κ1977 Statutes of Nevada, Page 858 (CHAPTER 430, SB 116)κ
5. As used in this section, health care provider means a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, veterinarian or a licensed hospital as the employer of any such person.
Sec. 64. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy [warden,] director, superintendents, correctional officers and other employees of the [Nevada state prison] department of prisons when carrying out any duties prescribed by the [warden of the Nevada state prison;] director of the department of prisons;
16. Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;
21. Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;
κ1977 Statutes of Nevada, Page 859 (CHAPTER 430, SB 116)κ
section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;
22. The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS; and
23. Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.
Sec. 65. NRS 176.045 is hereby amended to read as follows:
176.045 1. Whenever a person convicted of a public offense in this state is under sentence of imprisonment pronounced by another jurisdiction, federal or state, whether or not the prior sentence is for the same offense, the court in imposing any sentence for the offense committed in this state may, in its discretion, provide that such sentence shall run either concurrently or consecutively with the prior sentence.
2. If the court provides that the sentence shall run concurrently, and the defendant is released by the other jurisdiction prior to the expiration of the sentence imposed in this state, the defendant shall be returned to the State of Nevada to serve out the balance of such sentence, unless the defendant is eligible for parole under the provisions of chapter 213 of NRS, and the board of parole commissioners directs that he [shall] be released on parole as provided in that chapter.
3. If the court makes an order pursuant to this section, the clerk of the court shall provide the [warden of the Nevada state prison] director of the department of prisons with a certified copy of judgment and notification of the place of out-of-state confinement.
4. If the court makes no order pursuant to this section, the sentence imposed in this state shall not begin until the expiration of all prior sentences imposed by other jurisdictions.
Sec. 66. NRS 176.107 is hereby amended to read as follows:
176.107 Whenever a sentence of imprisonment in the [Nevada] state prison is imposed, immediately after the rendition of judgment, the district attorney who prosecuted the cause shall transmit to the [warden of the Nevada state prison] director of the department of prisons a written statement of facts surrounding the commission of the offense, upon forms furnished by the [warden.] director.
Sec. 67. NRS 176.335 is hereby amended to read as follows:
176.335 1. If the judgment is for imprisonment in the state prison, the sheriff of the county must, on receipt of the triplicate certified copies thereof, immediately notify the [warden of the state prison,] director of the department of prisons and the [warden of the state prison] director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.
2. When such authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to such authorized person two of the certified copies of the judgment, and take from such person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of such judgment, showing his proceedings thereunder, and both such copy with the return affixed thereto and the receipt from the authorized person shall be filed with the county clerk.
κ1977 Statutes of Nevada, Page 860 (CHAPTER 430, SB 116)κ
3. The term of imprisonment designated in the judgment shall begin on the date of sentence of the prisoner by the court.
4. Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the [warden] director of the department of prisons shall return one of his certified copies of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy shall be filed with the county clerk. The return shall show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.
Sec. 68. NRS 176.345 is hereby amended to read as follows:
176.345 1. When a judgment of death has been pronounced, a certified copy of the entry thereof in the minutes of the court shall be forthwith executed and attested in triplicate by the clerk under the seal of the court. There shall be attached to the triplicate copies a warrant signed by the judge, attested by the clerk, under the seal of the court, which shall recite the fact of the conviction and judgment, and appoint a week within which the judgment is to be executed, which must not be less than 60 days nor more than 90 days from the time of judgment, and must direct the sheriff to deliver the prisoner to such authorized person as the [warden of the state prison shall designate] director of the department of prisons designates to receive the prisoner, for execution, such prison to be designated in the warrant.
2. The original of the triplicate copies of the judgment and warrant shall be filed in the office of the county clerk, and two of the triplicate copies shall be immediately delivered by the clerk to the sheriff of the county; one of the triplicate copies to be delivered by the sheriff, with the prisoner, to such authorized person as the [warden of the state prison shall designate,] director of the department of prisons designates, which shall be the warrant and authority of the [warden of the state prison] director for the imprisonment and execution of the prisoner, as therein provided and commanded, and the [warden] director shall return his certified copy of the judgment to the county clerk of the county whence it was issued; and the other triplicate copy of such judgment and warrant to be the warrant and authority of the sheriff to deliver the prisoner to such authorized person so designated by the [warden of the state prison;] director; the last-mentioned copy to be returned to the county clerk by the sheriff with his proceedings endorsed thereon.
Sec. 69. NRS 176.355 is hereby amended to read as follows:
176.355 1. The judgment of death shall be inflicted by the administration of lethal gas.
2. The execution shall take place within the limits of the state prison, wherein a suitable and efficient enclosure and proper means for the administration of such gas for that purpose shall be provided by the board of prison commissioners.
3. The [warden of the state prison] director of the department of prisons must be present, and must invite a competent physician, and not less than six reputable citizens over the age of 21 years, to be present at the execution; but no other persons shall be present at the execution.
Sec. 70. NRS 176.365 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 861 (CHAPTER 430, SB 116)κ
176.365 After the execution, the [warden] director of the department of prisons must make a return upon the death warrant to the court by which the judgment was rendered, showing the time, place, mode and manner in which it was executed.
Sec. 71. NRS 176.425 is hereby amended to read as follows:
176.425 1. If, after the judgment of death, there is a good reason to believe that the defendant has become insane, the [warden of the state prison] director of the department of prisons to whom the convicted person has been delivered for execution may by a petition in writing, verified by a physician, petition a district judge of the district court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall:
(a) Fix a day for a hearing to determine whether the convicted person is insane;
(b) Appoint two physicians, at least one of whom shall be a psychiatrist, to examine the convicted person; and
(c) Give immediate notice of the hearing to the attorney general and to the district attorney of the county in which the conviction was had.
2. If [such judge shall determine] the judge determines that the hearing on and the determination of the sanity of the convicted person cannot be had before the date of the execution of such person, [such] the judge may stay the execution of the judgment of death pending the determination of the sanity of [such] the convicted person.
Sec. 72. NRS 176.435 is hereby amended to read as follows:
176.435 1. On the day fixed, the [warden of the state prison] director of the department of prisons shall bring the convicted person before the court, and the attorney general or his deputy shall attend the hearing. The district attorney of the county in which the conviction was had, and an attorney for the convicted person, may attend the hearing.
2. The court shall receive the report of the examining physicians and may require the production of other evidence. The attorney general or his deputy, the district attorney, and the attorney for the convicted person or such person if he is without counsel may introduce evidence and cross-examine any witness, including the examining physicians.
3. The court shall then make and enter its finding of sanity or insanity.
Sec. 73. NRS 176.445 is hereby amended to read as follows:
176.445 If it is found by the court that the convicted person is sane, the [warden] director of the department of prisons must execute the judgment of death; but if [such] the judgment has been stayed, as provided in NRS 176.425, the judge shall cause a certified copy of his order staying the execution of the judgment, together with a certified copy of his finding that the convicted person is sane, to be immediately forwarded by the clerk of the court to the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county. [, whereupon proceedings shall] Proceedings shall then be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.495.
Sec. 74. NRS 176.455 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 862 (CHAPTER 430, SB 116)κ
176.455 1. If it is found by the court that the convicted person is insane, the judge shall make and enter an order staying the execution of the judgment of death until the convicted person [shall have become] becomes sane, and shall therein [direct the warden of the state prison] order the director of the department of prisons to confine such person in a safe place of confinement until his reason is restored.
2. The clerk of the court shall serve or cause to be served three certified copies of the order, one on the [warden,] director, one on the governor, for the use of the state board of pardons commissioners, and one on the clerk of the district court of the county in which the conviction was had.
3. If the convicted person [shall thereafter become] thereafter becomes sane, notice of [such] this fact shall be given by the [warden] director to a judge of the court staying the execution of the judgment, and [such] the judge, upon being satisfied that such person is then sane, shall enter an order vacating the order staying the execution of the judgment.
4. The clerk of the court shall immediately serve or cause to be served three certified copies of such vacating order as follows: One on the [warden,] director, one on the governor, for the use of the state board of pardons commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.495.
Sec. 75. NRS 176.465 is hereby amended to read as follows:
176.465 1. If there is good reason to believe that a female against whom a judgment of death has been rendered is pregnant, the [warden of the state prison] director of the department of prisons to whom she has been delivered for execution shall petition a judge of the district court of the county in which the state prison is situated, in writing, alleging such pregnancy, whereupon such judge shall summon a jury of three physicians to inquire into the alleged pregnancy and fix a day for the hearing thereon, and give immediate notice thereof to the attorney general and to the district attorney of the county in which the conviction was had.
2. The provisions of NRS 176.425 and 176.435 [shall] apply to the proceedings upon the inquisition, [save and] except that three physicians shall be summoned. They shall certify in writing to the court their findings as to pregnancy.
Sec. 76. NRS 176.475 is hereby amended to read as follows:
176.475 1. If it is found by the court that the female is not pregnant, the [warden] director of the department of prisons must execute the judgment of death; but if a stay of execution has been granted pursuant to NRS 176.425 the procedure provided in NRS 176.445 [shall then be] is applicable.
2. If the female is found to be pregnant, the judge shall enter an order staying the execution of the judgment of death, and shall therein [direct the warden of the state prison] order the director to confine such female in a safe place of confinement commensurate with her condition until further order of the court.
κ1977 Statutes of Nevada, Page 863 (CHAPTER 430, SB 116)κ
3. [Thereafter and when] When such female [shall be] is no longer pregnant, notice of [such] this fact shall be given by the [warden] director to a judge of the court staying the execution of the judgment. Thereupon the judge, upon being satisfied that the pregnancy no longer exists, shall enter an order vacating the order staying the execution of the judgment and shall direct the clerk of such court to serve or cause to be served three certified copies of such order, one on the [warden,] director, one on the governor, for the use of the state board of pardons commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment in the manner provided in NRS 176.495.
Sec. 77. NRS 176.495 is hereby amended to read as follows:
176.495 1. If for any reason a judgment of death has not been executed, and it remains in force, the court in which the conviction was had must, upon the application of the attorney general or the district attorney of the county in which the conviction was had, cause another warrant to be drawn, signed by the judge and attested by the clerk under the seal of the court, and delivered to the [warden of the state prison.] director of the department of prisons.
2. The warrant must state the conviction and judgment and appoint a day on which the judgment is to be executed, which must be not less than 15 days nor more than 30 days after the date of the warrant.
3. Where sentence was imposed by a district court composed of three judges, the district judge before whom the confession or plea was made, or his successor in office, shall set the date of execution and sign the warrant.
Sec. 78. NRS 176.505 is hereby amended to read as follows:
176.505 When a remittitur showing the affirmation of a judgment of death has been filed with the clerk of the court from which the appeal therefrom has been taken, the court in which the conviction was had must inquire into the facts, and, if no legal reasons exist against the execution of the judgment, must make and enter an order that the [warden of the state prison] director of the department of prisons shall execute the judgment at a specified time; but the presence of the defendant in the court at the time the order of execution is made and entered, or the warrant is issued, as in this section provided, [shall not be] is not required.
Sec. 79. NRS 178.524 is hereby amended to read as follows:
178.524 If the defendant surrenders himself to, is apprehended by or is in the custody of a peace officer in the State of Nevada or the [warden of the Nevada state prison] director of the department of prisons other than the officer to whose custody he was committed at the time of giving bail, the bail may make application to the court for the discharge of his bail bond, and shall then give to the court an amount in cash or a surety bond sufficient in amount to guarantee reimbursement of any costs that may be expended in returning the defendant to the officer to whose custody the defendant was committed at the time of giving bail.
Sec. 80. NRS 178.630 is hereby amended to read as follows:
178.630 The [warden of the Nevada state prison] director of the department of prisons shall comply with the provisions of Articles III and IV of The Agreement on Detainers whenever he has in his custody a prisoner who has detainers lodged against him from other jurisdictions which are parties to such agreement.
κ1977 Statutes of Nevada, Page 864 (CHAPTER 430, SB 116)κ
IV of The Agreement on Detainers whenever he has in his custody a prisoner who has detainers lodged against him from other jurisdictions which are parties to such agreement.
Sec. 81. NRS 179.223 is hereby amended to read as follows:
179.223 1. When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the governor his written application for a requisition for the return of the person charged in which application shall be stated:
(a) The name of the person so charged;
(b) The crime charged against him;
(c) The approximate time, place and circumstances of its commission;
(d) The state in which he is believed to be, including the location of the accused therein at the time the application is made; and
(e) A certification that, in the opinion of the district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the district attorney of the county in which the offense was committed, the state board of parole commissioners, or the [warden of the institution] director of the department of prisons or the sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated:
(a) The name of the person;
(b) The crime of which he was convicted;
(c) The circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole; and
(d) The state in which he is believed to be, including the location of the person therein at the time application is made.
3. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The district attorney, state board of parole commissioners, [warden] director of the department of prisons or sheriff may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state of the State of Nevada to remain of record in that office. The other copies of all papers shall be forwarded with the governors requisition.
Sec. 82. NRS 200.030 is hereby amended to read as follows:
200.030 1. Capital murder is murder which is perpetrated by:
(a) Killing a peace officer or fireman:
(1) While such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity; and
κ1977 Statutes of Nevada, Page 865 (CHAPTER 430, SB 116)κ
(2) With knowledge that the victim is or was a peace officer or fireman.
For purposes of this paragraph peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation and narcotics division of the department of law enforcement assistance, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, and the [warden, deputy warden,] director, deputy director, superintendents, correctional officers and other employees of the [Nevada state prison] department of prisons when carrying out any duties prescribed by the [warden of the Nevada state prison.] director of the department.
(b) A person who is under sentence of life imprisonment without possibility of parole.
(c) Executing a contract to kill. For purposes of this paragraph contract to kill means an agreement, with or without consideration, whereby one or more of the parties to the agreement commits murder. All parties to a contract to kill are guilty as principals.
(d) Use or detonation of a bomb or explosive device.
(e) Killing more than one person willfully, deliberately and with premeditation as the result of a single plan, scheme or design.
2. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing.
(b) Committed in the perpetration of attempted perpetration of rape, kidnaping, arson, robbery, burglary or sexual molestation of a child under the age of 14 years; or
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody.
As used in this subsection, sexual molestation is any willful and lewd or lascivious act, other than acts constituting the crime of rape, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
3. Murder of the second degree is all other kinds of murder.
4. The jury before whom any person indicated for murder is tried shall, if they find such person guilty thereof, designate by their verdict whether such person is guilty of capital murder or murder of the first or second degree.
5. Every person convicted of capital murder shall be punished by death.
6. Every person convicted of murder of the first degree shall be punished by imprisonment in the state prison for life with or without possibility of parole. If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
7. Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.
Sec. 83. NRS 200.375 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 866 (CHAPTER 430, SB 116)κ
200.375 No person convicted of forcible rape may, if the victim was a child under the age of 14 years, be paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the [warden of the Nevada state prison] director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in [the Nevada state prison] an institution of the department of prisons and is not a menace to the health, safety or morals of others.
Sec. 84. NRS 201.190 is hereby amended to read as follows:
201.190 1. Except as provided in subsection 2, every person of full age who commits the infamous crime against nature shall be punished:
(a) Where physical force or the immediate threat of such force is used by the defendant to compel another person to participate in such offense, or where such offense is committed upon the person of one who is under the age of 18 years, by imprisonment in the state prison for life with possibility of parole, eligibility for which begins, unless further restricted by subsection 3, when a minimum of 5 years has been served.
(b) Otherwise, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person who is compelled by another, through physical force or the immediate threat of such force, to participate in the infamous crime against nature is thereby guilty of any public offense.
3. No person convicted of violating the provisions of subsection 1 of this section may, if the victim was a child under the age of 14 years, be:
(a) Paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the [warden of the Nevada state prison] director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in [the state prison] an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety and morals of others.
Sec. 85. NRS 201.210 is hereby amended to read as follows:
201.210 1. Every person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person convicted of violating the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the [warden of the Nevada state prison] director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in [the state prison] an institution of the department of prisons and is not a menace to the health, safety or morals of others.
κ1977 Statutes of Nevada, Page 867 (CHAPTER 430, SB 116)κ
person was under observation while confined in [the state prison] an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 86. NRS 201.220 is hereby amended to read as follows:
201.220 1. Every person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the [warden of the Nevada state prison] director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in [the state prison] an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 87. NRS 201.230 is hereby amended to read as follows:
201.230 1. Any person who [shall] willfully and lewdly [commit] commits any lewd or lascivious act, other than acts constituting the crime of rape and the infamous crime against nature, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the [warden of the Nevada state prison] director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in [the state prison] an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 88. NRS 202.380 is hereby amended to read as follows:
202.380 1. Every person, firm or corporation who within the State of Nevada knowingly sells or offers for sale, possesses or transports any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the provisions of NRS 202.370 to 202.440, inclusive, is guilty of a gross misdemeanor.
κ1977 Statutes of Nevada, Page 868 (CHAPTER 430, SB 116)κ
form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the provisions of NRS 202.370 to 202.440, inclusive, is guilty of a gross misdemeanor.
2. Nothing in NRS 202.370 to 202.440, inclusive, shall prohibit police departments or regular salaried peace officers thereof, sheriffs and their regular salaried deputies, [wardens and guards of the Nevada state prison,] the director, deputy director and superintendents of, and guards employed by, the department of prisons, personnel of the Nevada highway patrol or the military or naval forces of this state or of the United States from purchasing, possessing or transporting such shells, cartridges, bombs or weapons for official use in the discharge of their duties.
Sec. 89. NRS 211.040 is hereby amended to read as follows:
211.040 1. Payment of expenses and the method of transporting a prisoner from a county jail to [the state prison] an institution of the department of prisons shall be as provided in chapter 209 of NRS. When a prisoner is transferred from the county jail to [the state prison,] such an institution, the sheriff shall provide the [warden of the state prison] director of the department of prisons with a written report pertaining to medical, psychiatric, behavioral or criminal aspects of the prisoners history. This report may be based upon observations of the prisoner while confined in the county jail and shall note in particular any medication or medical treatment administered in the jail, including type, dosage and frequency of administration.
2. Except as provided in subsection 1, the sheriff, personally or by his deputy, or by one or more of his jailers, shall transfer all prisoners within his county to whatever place of imprisonment the sentence of the court may require, at as early a date after the sentence as practicable. For the purpose the board of county commissioners or metropolitan police commission shall pay all necessary costs, charges and expenses of the prisoner or prisoners, and of the officer or officers having charge thereof, to which shall be added mileage for each officer, at the rate of 20 cents per mile, one way only.
3. The provisions of subsection 2 apply in cases where prisoners are taken from county jails to be tried at any courts in other counties.
Sec. 90. NRS 212.030 is hereby amended to read as follows:
212.030 When any prisoner or prisoners escape from [the state prison, it shall be lawful for the warden of the state prison to] an institution of the department of prisons, the director of the department may issue a warrant for the recapture of the escaped prisoner or prisoners, which warrant [shall have force and effect] is effective in any county in this state, and may command the sheriff of any county in this state, or any constable thereof, or any police officer of any city in this state, to arrest the prisoner or prisoners, and make return to the [warden,] director, with the prisoner or prisoners who may be arrested under the warrant.
Sec. 91. NRS 212.040 is hereby amended to read as follows:
212.040 If an escape is not the result of carelessness, incompetency, or other official delinquency of the [warden] director or other officers of the [state prison, any and] department of prisons, all expenses of enforcing the provisions of NRS 212.030, or [in any wise] appertaining to the recapture and return of escaped convicts [to the state prison, shall be] are a charge against the state, and shall be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners.
κ1977 Statutes of Nevada, Page 869 (CHAPTER 430, SB 116)κ
enforcing the provisions of NRS 212.030, or [in any wise] appertaining to the recapture and return of escaped convicts [to the state prison, shall be] are a charge against the state, and shall be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners.
Sec. 92. NRS 212.150 is hereby amended to read as follows:
212.150 1. [No] A person shall not visit, or in any manner communicate with, any prisoner convicted of or charged with any felony, imprisoned in the county jail, other than the officer having such prisoner in charge, his attorney, or the district attorney, [except such] unless the person has a written permission so to do, signed by the district attorney, or has the consent of the director of the department of prisons or the constable [,] or sheriff [or warden] having such prisoner in charge.
2. Any person violating, aiding in, conniving at, or participating in the violation of this section is guilty of a gross misdemeanor.
Sec. 93. NRS 212.160 is hereby amended to read as follows:
212.160 1. Any person, not authorized by law, who knowingly [shall furnish, or attempt] furnishes, or attempts to furnish, or [aid or assist] aids or assists in furnishing or attempting to furnish to any prisoner confined in [the state prison, state prison farm, conservation honor camp,] an institution of the department of prisons, or any other place where prisoners are authorized to be or are assigned by the [warden,] director of the department, any deadly weapon, explosives, any controlled substance as defined in chapter 453 of NRS, or intoxicating liquor, shall be punished:
(a) Where a deadly weapon, controlled substance or explosive is involved, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where an intoxicant is involved, for a gross misdemeanor.
2. Knowingly leaving or causing to be left any such article where it may be obtained by any such prisoner [shall be held to be,] constitutes, within the meaning of this section, the furnishing such article to such prisoner.
Sec. 94. NRS 213.020 is hereby amended to read as follows:
213.020 1. Any person intending to apply to have a fine or forfeiture remitted, or a punishment commuted, or a pardon granted, or someone in his behalf, shall make out quadruplicate copies of notices in writing of such application, specifying therein:
(a) The court in which the judgment was rendered.
(b) The amount of the fine or forfeiture, or kind or character of punishment.
(c) The name of the person in whose favor the application is to be made.
(d) The particular grounds upon which the application will be based.
(e) The time when it will be presented.
2. One of the copies shall be served upon the district attorney and one upon the district judge of the county wherein the conviction was had. The triplicate copy shall be served upon the [warden of the Nevada state prison] director of the department of prisons and the original copy shall be filed with the clerk of the board. In cases of fines and forfeitures a similar notice shall also be served on the chairman of the board of county commissioners of the county wherein the conviction was had.
κ1977 Statutes of Nevada, Page 870 (CHAPTER 430, SB 116)κ
a similar notice shall also be served on the chairman of the board of county commissioners of the county wherein the conviction was had.
3. The notice shall be served, as herein provided, at least 30 days prior to the presentation of the application, unless a member of the board, for good cause, prescribes a shorter time.
Sec. 95. NRS 213.100 is hereby amended to read as follows:
213.100 Whenever clemency [shall have been] is granted by the board, there shall be served upon the [warden of the state prison,] director of the department of prisons or other officer having the person in custody, an order to discharge him therefrom upon a day to be named in the order, upon the conditions, limitations or restrictions named therein.
Sec. 96. NRS 228.150 is hereby amended to read as follows:
228.150 1. When requested, the attorney general shall give his opinion, in writing, upon any question of law, to the governor, the secretary of state, the state controller, the state treasurer, [the trustees, commissioners, or warden of the state prison, the state hospital, or the officers of any state institution,] the director of the department of prisons, to the head of any state department, agency, board or commission, to any district attorney and to any city attorney of any incorporated city within the State of Nevada, upon any question of law relating to their respective offices, departments, agencies, boards or commissions.
2. Nothing contained in subsection 1 [shall be construed to require] requires the attorney general to give his written opinion to any city attorney concerning questions relating to the interpretation or construction of city ordinances.
3. The attorney general shall receive no fee for the performance of any duty required of him by law.
Sec. 97. NRS 218.210 is hereby amended to read as follows:
218.210 1. Except as provided in this section, it is unlawful for any individual acting as a school trustee, state, township, municipal or county official, or as an employing authority of the University of Nevada, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University of Nevada, any relative of such individual or of any member of such board, agency or commission, within the third degree of consanguinity or affinity.
2. This section [shall not be construed to] does not apply:
(a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.
(c) To the wife of the [warden of the Nevada state prison.] superintendent of an institution of the department of prisons.
κ1977 Statutes of Nevada, Page 871 (CHAPTER 430, SB 116)κ
(d) To the wife of the superintendent of the Nevada girls training center.
(e) To relatives of blind officers and employees of the bureau of services to the blind of the rehabilitation division of the department of human resources when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section: [shall:
(a) Prevent] (a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) [Be deemed to disqualify] Disqualifies any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. [No] A person employed contrary to the provisions of this section shall not be compensated for such employment.
5. Any person violating any provisions of this section is guilty of a gross misdemeanor.
Sec. 98. NRS 412.278 is hereby amended to read as follows:
412.278 1. No provost marshal, commander of a guard, master at arms, [warden,] keeper or officer of a city or county jail or any other jail, penitentiary or prison designated under NRS 412.276 may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner.
2. Every commander of a guard, master at arms, [warden,] keeper or officer of a city or county jail or of any other jail, penitentiary or prison designated under NRS 412.276 to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
Sec. 99. NRS 433A.450 is hereby amended to read as follows:
433A.450 [Whenever a person, while undergoing imprisonment in the Nevada state prison, becomes mentally ill as determined by two mental health professionals, at least one of them being a psychiatrist, the warden shall apply to the administrator for detention and mental health treatment at an appropriate division facility as determined by the administrator. If adequate security and treatment services are not available in division facilities as determined by the administrator, the administrator shall make available consultation and other appropriate services within the resources available to the division as he deems necessary to the warden in order that the person is provided treatment at the Nevada state prison. It shall be the wardens decision whether to accept such services.] When a psychiatrist and one other mental health professional determines that an offender confined in an institution of the department of prisons is mentally ill, the director of the department of prisons shall apply to the administrator for the offenders detention and treatment at a division facility selected by the administrator. If the administrator determines that adequate security or treatment is not available in a division facility, the administrator shall provide, within the resources available to the division and as he deems necessary, consultation and other appropriate services for the offender at the place where he is confined.
κ1977 Statutes of Nevada, Page 872 (CHAPTER 430, SB 116)κ
division facility, the administrator shall provide, within the resources available to the division and as he deems necessary, consultation and other appropriate services for the offender at the place where he is confined. It is the directors decision whether to accept such services.
Sec. 100. 1. NRS 209.010 to 209.070, inclusive, 209.090, 209.110, 209.120, 209.133 to 209.140, inclusive, 209.196, 209.200, 209.220, 209.240 to 209.380, inclusive, and 209.400 to 209.480, inclusive, are hereby repealed.
2. NRS 209.115, 209.130, 209.190 to 209.195, inclusive, 209.197, 209.230, 209.390 and 209.500 are hereby repealed.
3. Sections 10 to 19, inclusive, and section 22 of chapter 47, Statutes of Nevada 1977 (being Senate Bill No. 114 of the 59th session of the legislature) are hereby repealed.
Sec. 101. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or which is further amended or added by another act, substitute an appropriate reference to the director of the department of prisons where reference is made to the former warden of the Nevada state prison.
Sec. 102. The inventory of the state prison warehouse on July 1, 1977, constitutes the opening balance of the prison warehouse fund.
Sec. 103. Subsections 2 and 3 of section 100 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 181Committee on Labor and Management
CHAPTER 431
AN ACT relating to unemployment compensation; requiring a waiting period before an unemployed person is entitled to receive benefits; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.380 is hereby amended to read as follows:
612.380 [An individual shall be disqualified for benefits for the week in which he has filed a claim for benefits, if he has left his most recent work, or the work immediately preceding his most recent work, if he has not earned at least five times his weekly benefit amount following the work immediately preceding his most recent work, voluntarily without good cause, if so found by the executive director, and for not more than 15 consecutive weeks thereafter, occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director according to the circumstances in each case. The total benefit amount, during his current benefit year, shall be reduced by an amount equal to the number of weeks for which he is disqualified multiplied by his weekly benefit amount, provided no benefit amount shall be reduced by more than one-half the amount to which such individual is otherwise entitled.]
κ1977 Statutes of Nevada, Page 873 (CHAPTER 431, AB 181)κ
amount equal to the number of weeks for which he is disqualified multiplied by his weekly benefit amount, provided no benefit amount shall be reduced by more than one-half the amount to which such individual is otherwise entitled.] A person is ineligible for benefits for the week in which he has voluntarily left his last or next to last employment without good cause, if so found by the executive director, and until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks.
________
Assembly Bill No. 334Assemblyman Gomes
CHAPTER 432
AN ACT making an appropriation to the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources for allocation to certain local alcohol and drug abuse treatment programs; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources the sum of $150,000 for each of the fiscal years beginning July 1, 1977, and July 1, 1978, to be allocated by the bureau to local alcohol and drug abuse treatment programs pursuant to subsection 2.
2. Any money allocated by the bureau shall not be expended unless an equal amount is provided from another source, and shall be used to provide for:
(a) Detoxification programs;
(b) Outpatient programs;
(c) Residential programs; and
(d) Education and prevention programs.
3. The bureau shall adopt regulations and establish procedures to carry out the purposes of this act and shall report the results of the program to the 60th session of the Nevada legislature.
________
κ1977 Statutes of Nevada, Page 874κ
Assembly Bill No. 369Assemblyman Sena
CHAPTER 433
AN ACT relating to racing; increasing the number of permitted days of racing; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 466.110 is hereby amended to read as follows:
466.110 1. [No one] A person, corporation or association shall not be given a license to conduct more than [200] 300 days each of horse and greyhound racing, separately or simultaneously in any 1 year on any one track within the State of Nevada.
2. The commission may, at any time or times, in its discretion, authorize any person, corporation or association to transfer its racing meet or meetings from its own track or place for holding races to the track or place for holding races of any other person, corporation or association. No such authority to transfer [shall] may be granted without express consent of the person, corporation or association owning or leasing the track to which such transfer is made, but nothing in this section [shall affect] affects in any manner the license fees, requirements, rights, conditions, terms and provisions of NRS 466.120 or the provision for taxes contained in NRS 466.125.
________
Assembly Bill No. 387Assemblymen Bremner, Barengo, Hayes and Dini
CHAPTER 434
AN ACT relating to arrest; extending permissibility for arrests at night; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.136 is hereby amended to read as follows:
171.136 1. If the offense charged is a felony [,] or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made at night, [unless upon] except:
(a) Upon the direction of a magistrate, endorsed upon the warrant; [except when]
(b) When the offense is committed in the presence of the arresting officer [.] ; or
(c) When the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed.
________
κ1977 Statutes of Nevada, Page 875κ
Assembly Bill No. 744Assemblyman Banner
CHAPTER 435
AN ACT relating to fees of attorneys appointed to defend indigent persons in criminal proceedings; limiting certain fees; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 7.125 is hereby amended to read as follows:
7.125 1. Except as limited by subsections 2 [and 3,] to 4, inclusive, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, [including ancillary matters appropriate to the proceedings, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony,] is entitled to receive a fee in accordance with the following schedule:
(a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued shall not exceed:
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $2,500;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $1,000;
(c) If the most serious crime is a misdemeanor, $300;
(d) [For a habeas corpus proceeding or petition for post-conviction relief, $300;
(e)] For an appeal of one or more misdemeanor convictions, $300; or
[(f)] (e) For an appeal of one or more gross misdemeanor or felony convictions, $1,000.
3. An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, shall be paid a fee not to exceed $300.
4. As used in this subsection extraordinary circumstances means financial burdens and hardships far in excess of those normally attendant upon the defense of indigent persons. If the appointing court deems it appropriate because of [unusual] extraordinary circumstances to grant a fee in excess of the applicable maximum, [set forth in subsection 2, such excess payment may be made only if approved by the chief judge of the judicial district in which the attorney was appointed, or if there is no chief judge, by the district court judge who holds seniority in years of service in office.]
κ1977 Statutes of Nevada, Page 876 (CHAPTER 435, AB 744)κ
service in office.] such payment may be made only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the chief judge of the judicial district in which the attorney was appointed, or if there is no chief judge or if the chief judge presided over the court in which the representation was rendered, then by the district court judge who holds seniority in years of service in office.
[4.] 5. The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings [.] , but the total amount of fees granted all appointed attorneys shall not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.
6. A claim made pursuant to this section shall not be paid unless it is submitted within 60 days after the appointment is terminated and a statement made under oath is submitted specifying:
(a) The amount of time spent on the matter;
(b) The type of service rendered;
(c) The amount of expenses incurred; and
(d) Any compensation or reimbursement which is applied for or received from any other source.
________
Assembly Bill No. 457Committee on Commerce
CHAPTER 436
AN ACT relating to small loans; changing the authorized charges for loans; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 675.290 is hereby amended to read as follows:
675.290 1. For the purposes of this section, a loan or refinancing is precomputed if the debt is expressed as a sum comprising the principal and the interest charge computed in advance.
2. Every licensee may make loans of any amount with cash advance not exceeding $10,000, repayable except as otherwise provided in subsection 4, in substantially equal consecutive monthly installments of principal and interest combined, and may charge, contract for, collect and receive charges not in excess of the following:
(a) [A charge for interest in an amount not exceeding $9 per $100 of the amount of the cash advanced, when the loan is made for a period of 1 year, on that part of the cash advanced not exceeding $1,000, and $8 per $100 on that part of the cash advanced exceeding $1,000 but not exceeding $2,500, and proportionately at those rates for a greater or lesser amount or for a greater or lesser period of time, notwithstanding any agreement to repay the loan in installments, but, in all loan contracts providing for installment repayments such installments shall be substantially equal in amount, payable at approximately equal periodic intervals of time.
κ1977 Statutes of Nevada, Page 877 (CHAPTER 436, AB 457)κ
equal in amount, payable at approximately equal periodic intervals of time.
(b) A service charge not in excess of 1 cent per month for each dollar of the first $200 of the cash advance and not in excess of one-half cent per month for each dollar of the next $200 of the cash advance for each month of the term of the loan contract. Such service charge may be computed on the basis of a full month for any fractional period in excess of 15 days.
(c) That portion of the loan in excess of $2,500 but not exceeding $10,000 shall be at the rate of 17.74 percent per annum.
(d)] A charge for interest at a rate not exceeding the equivalent of the greater of the following:
(1) The total of:
(I) Thirty-six percent per year on that part of the unpaid balance of the amount of cash advanced which is $300 or less;
(II) Twenty-one percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $300 but does not exceed $1,000; and
(III) Fifteen percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $1,000.
(2) Eighteen percent per year on the unpaid balance of the amount of cash advanced.
(b) The charge for interest [under paragraph (c)] shall be calculated according to the actuarial method, which is the method of allocating payments between principal and interest pursuant to which a payment is applied first to the accumulated interest and the balance, if any, is applied to the unpaid principal. A licensee may, at the time the loan is made, precompute the charge for interest at the agreed-upon rate on the scheduled unpaid principal balances according to the terms of the contract and add such interest to the principal of the loan. Where the charge for interest is precomputed the face amount of any note or contract may exceed $10,000 by the amount of charges authorized by this chapter added to principal. If the charge for interest is precomputed, payments on account may be applied to the combined total of principal and precomputed interest until the contract is fully paid. All payments on account, except those applied to default or deferment charges, shall be applied to the installments in the order in which they fall due. The effect of prepayment of a precomputed loan is governed by the provisions relating to refund upon prepayment in full.
[(e)] (c) In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment on a precomputed loan contract, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month prior to maturity. Such charge may not be collected more than once for the same default and may be collected at the time of such default or at any time thereafter. If such default charge is deducted from any payment received after default occurs and such deduction results in the default of a subsequent installment, no charge may be made for the resulting default.
[(f)] (d) If, as of an installment due date, the payment dates of all wholly unpaid installments on a precomputed loan contract, on which no default charge has been collected, are deferred one or more full months and the maturity of the contract is extended for a corresponding period, the licensee may charge and collect a deferment charge which shall not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month prior to such date multiplied by the number of months in the deferment period.
κ1977 Statutes of Nevada, Page 878 (CHAPTER 436, AB 457)κ
default charge has been collected, are deferred one or more full months and the maturity of the contract is extended for a corresponding period, the licensee may charge and collect a deferment charge which shall not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month prior to such date multiplied by the number of months in the deferment period. The deferment period is that period of time in which no payment is made or required by reason of the deferment. No installment on which a default charge has been collected or on account of which any partial payment has been made shall be deferred or included in the computation of the deferment charge unless such default charge or partial payment is refunded or credited to the deferment charge. The deferment charge may be collected at the time of the deferment or at any time thereafter and any payment received at the time of the deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the contract. If such payment is sufficient also to pay in full an installment which is in default and the applicable default charge it shall be first so applied and such installment shall not be deferred nor subject to the default charge.
If a refund is required during a deferment period the borrower shall also receive a refund of that portion of the deferment charge attributable to the unexpired full months of the deferment period.
3. If a precomputed loan contract is prepaid in full before the final installment date the borrower shall receive a refund of an amount which shall be at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment in full made on or before the 15th day following an installment date shall be deemed to have been made on the installment due date preceding such prepayment in full and if made on or after the 16th day shall be deemed to have been made on the installment due date following such prepayment in full. No refund shall be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.
4. When a loan contract is for more or less than 1 year, the interest shall be computed at one-twelfth the annual rate for each month. For the purpose of computing charges, whether at the maximum rate or less, a month shall be that period of time from any date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then to the last day of such following month. A day is one-thirtieth of a month when computation is made for a fraction of a month.
5. A borrower and licensee may agree that the first installment due date may be not more than 15 days more than 1 month from the date of the loan and the amount of such first installment may be increased by one-thirtieth of the portion of the interest authorized by [paragraphs (a) and (b) of subsection 1] paragraph (a) of subsection 2 which would be attributable to a first installment of 1 month for each extra day.
κ1977 Statutes of Nevada, Page 879 (CHAPTER 436, AB 457)κ
due date may be not more than 15 days more than 1 month from the date of the loan and the amount of such first installment may be increased by one-thirtieth of the portion of the interest authorized by [paragraphs (a) and (b) of subsection 1] paragraph (a) of subsection 2 which would be attributable to a first installment of 1 month for each extra day.
6. No licensee shall induce or permit any person or husband and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this section.
7. In addition to the charges herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for or received from the borrower in connection with a loan made under this chapter; except, such restrictions shall not apply to:
(a) Court costs;
(b) Reasonable attorneys fees fixed and assessed by the court;
(c) Lawful fees for the filing, recording or releasing in any public office of any instrument securing a loan;
(d) The identifiable charge or premium for insurance provided for in NRS 675.300;
(e) Fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for a loan made under this chapter.
8. If any amount in excess of the amounts authorized by this chapter is charged, contracted for or received, except as the result of an accidental or bona fide error, the licensee shall have no right to collect or receive any interest.
________
Assembly Bill No. 459Assemblymen Hayes, Barengo, Sena, Horn, Wagner, Coulter, Banner, Ross and Price
CHAPTER 437
AN ACT relating to firearms; providing a definition; prohibiting possession of certain firearms; prohibiting the removal of serial numbers; providing penalties; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in NRS 202.250 to 202.360, inclusive, and sections 3 and 4 of this act, firearm means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.
Sec. 3. 1. Any person who unlawfully possess, manufactures or disposes of any short-barreled rifle or short-barreled shotgun shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1977 Statutes of Nevada, Page 880 (CHAPTER 437, AB 459)κ
2. For purposes of this section:
(a) Short-barreled rifle means:
(1) A rifle having one or more barrels less than 16 inches in length; or
(2) Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.
(b) Short-barreled shotgun means:
(1) A shotgun having one or more barrels less than 18 inches in length; or
(2) Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.
3. This section does not prohibit:
(a) The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties; or
(b) The possession of any short-barreled rifle or short-barreled shotgun by any person who is licensed as a firearms importer, manufacturer or dealer by the United States Department of Treasury.
Sec. 4. 1. It is unlawful for any person to change, alter, remove or obliterate the serial number upon any firearm. Possession of any firearm upon which the serial number has been changed, altered, removed or obliterated is prima facie evidence that the possessor has changed, altered, removed or obliterated the serial number.
2. Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 5. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person:
(1) Any explosive substance, other than fixed ammunition;
(2) Any dirk, dagger or dangerous knife; or
(3) Any pistol, revolver or other firearm, or other dangerous or deadly weapon.
2. Except as provided in section 1, [of this act,] chapter 136, Statutes of Nevada 1977, and section 3 of this act, any person who violates any of the provisions of subsection 1 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
3. The provisions of subsection 1 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other duly appointed police officers or persons having permission from the sheriff of the county as provided in subsection 4.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
κ1977 Statutes of Nevada, Page 881 (CHAPTER 437, AB 459)κ
(c) Members of the Armed Forces of the United States when on duty.
4. The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which the concealed weapon is to be carried, grant permission to the applicant, authorizing a person to carry, in this state, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
5. For purposes of this section, switchblade knife means a spring-blade knife, snap-blade knife, or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or whatever mechanical device, or is released by any type of mechanism.
Sec. 6. Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 466Assemblymen Barengo, Bremner, Dreyer, Ross and Robinson
CHAPTER 438
AN ACT relating to trials; permitting juries which have retired for deliberation to depart for home or be sequestered overnight at the discretion of the court; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 16.070 is hereby amended to read as follows:
16.070 1. As soon as the jury is completed, the judge or his clerk shall administer an oath or affirmation to the jurors in substantially the following form:
Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly try the case now pending before this court and a true verdict render according to the evidence given (so help you God)?
2. As soon as the alternate juror or jurors are selected, the judge or his clerk shall administer an oath or affirmation to them in substantially the following form:
Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that, if required to replace a regular juror or jurors you will well and truly try the case now pending before this court, and a true verdict render according to the evidence given (so help you God)?
3. After the oath or affirmation has been administered and the jury has been fully impaneled, the court may order the jury into the custody of the sheriff or other officer selected by the court. [, and if so ordered into custody the] The jurors shall not be allowed to separate or depart from the custody of the sheriff or other officer [until they have been duly discharged.]
κ1977 Statutes of Nevada, Page 882 (CHAPTER 438, AB 466)κ
into custody the] The jurors shall not be allowed to separate or depart from the custody of the sheriff or other officer [until they have been duly discharged.] except by order of the court. The sheriff shall in such cases, at the charge of the parties to action, prepare suitable and comfortable accommodations and provide food for the jury pending trial.
Sec. 2. NRS 16.120 is hereby amended to read as follows:
16.120 1. After hearing the charge, the jury shall retire for deliberation until they agree upon their verdict or are discharged by the court and shall be kept together in a room provided for them, under charge of one or more officers, [until they agree upon their verdict or are discharged by the court. The] unless at the discretion of the court they are permitted to depart for home overnight. When the jury is kept together, the officer in charge shall [, to the utmost of his ability,] keep the jury separate from other persons. He shall not permit any communication to them, or make any himself, unless by order of the court, [or judge,] except to ask them if they have agreed upon their verdict. [; and he] The officer shall not, before the verdict is rendered, communicate to any person the state of their deliberations [,] or the verdict agreed upon.
2. Each party to the action may appoint one or more persons, one of whom on each side [shall be] is entitled to remain with the officer [or officers] in charge of the jury, and to be present at all times when any communication is had with [the jury, or any individual member thereof,] any member of the jury except when they are permitted to depart for home overnight, and no communication, either oral or written, shall be made to or received from any of the jurors [, or any of them,] while they are kept together, except in the presence of and hearing of [such] persons selected by the parties; and in case of a written communication, it shall not be delivered until read by them.
3. At each adjournment of the court, whether the jurors are permitted to depart for home overnight or are kept in charge of officers, they shall be admonished by the court that it is their duty not to:
(a) Communicate among themselves or with any other person concerning their deliberations or any other subject connected with the trial; or
(b) Read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including without limitation newspapers, television and radio.
Sec. 3. NRS 175.391 is hereby amended to read as follows:
175.391 The jurors sworn to try a criminal action may, at any time before the submission of the case to the jury, in the discretion of the court, be permitted to separate, depart for home overnight or be kept in charge of a proper officer. Upon commencing deliberation, the jurors shall be kept in charge of a proper officer, unless at the discretion of the court they are permitted to depart for home overnight. [The officer must be sworn to] When the jurors are kept together, the officer in charge shall keep the jurors [together until the next meeting of the court, to suffer no person to speak to them or communicate with them, nor to do so himself, on any subject connected with the trial, and to return them into court at the next meeting thereof.] in some private convenient place and separate from other persons. He shall not permit any communication to be made to them, or make any himself, unless by order of the court, except to ask them if they have agreed upon their verdict.
κ1977 Statutes of Nevada, Page 883 (CHAPTER 438, AB 466)κ
they have agreed upon their verdict. The officer shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon. He shall return them into court when they have reached their verdict or when ordered by the court.
Sec. 4. NRS 175.401 is hereby amended to read as follows:
175.401 [The jury must also, at] At each adjournment of the court, whether [they be] the jurors are permitted to separate or depart for home overnight, or [be] are kept in charge of officers, they shall be admonished by the court that it is their duty not to:
1. Converse among themselves or with anyone else on any subject connected with the trial; [or]
2. Read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including without limitation newspapers, television and radio; or
3. [Form] If they have not been charged, form or express any opinion on any subject connected with the trial until the cause is finally submitted to them.
Sec. 5. NRS 175.411 is hereby repealed.
Sec. 6. Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 517Committee on Judiciary
CHAPTER 439
AN ACT relating to crimes and punishments; prohibiting the diversion of irrigation water from the rightful user; providing a penalty; and providing other matters properly relating thereto.
[Approved May 8, 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:
Any person who knowingly diverts or causes to be diverted to his own or some other persons use any irrigation water to which another person has a vested right, without such rightful users permission, is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 884κ
Assembly Bill No. 592Assemblyman Price
CHAPTER 440
AN ACT relating to crimes against the person; reducing the penalty for fighting or challenges to fight without deadly weapons; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 200.450 is hereby amended to read as follows:
200.450 1. If any person or persons, [with or without deadly weapons,] upon previous concert and agreement, fight one with the other or give or send, or authorize any other person to give or send, a challenge verbally or in writing, to fight any other person, the person or persons giving, sending or accepting a challenge to fight any other person, [with or without weapons,] upon conviction thereof shall be punished:
(a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon, by imprisonment in the state prison not less than 1 year nor more than 6 years.
2. Every person who [shall act] acts for another in giving, sending or accepting, either verbally or in writing, a challenge to fight any other person, upon conviction thereof, they, or either or any of them, shall be punished:
(a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon, by imprisonment in the state prison not less than 1 year nor more than 6 years.
3. Should death ensue to any person in such fight, or should any person die from any injuries received in such fight within a year and a day, the person or persons causing or having any agency in causing such death, either by fighting or by giving or sending for himself or for any other person, or in receiving for himself or for any other person, such challenge to fight, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
________
Assembly Bill No. 595Assemblymen Murphy, Dini, Jeffrey, Moody, Jacobsen, Craddock, Wagner, Robinson, Mann, Demers, Mello, Harmon, May and Weise
CHAPTER 441
AN ACT relating to the public service commission of Nevada; empowering it to consider the conservation of energy when performing certain functions; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.210 is hereby amended to read as follows:
704.210 The commission may:
κ1977 Statutes of Nevada, Page 885 (CHAPTER 441, AB 595)κ
1. 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.] Assembly Bill 640 of the 59th session of the legislature.
2. Prescribe classifications of the service of all public utilities, and fix and regulate the rates therefor.
3. 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.
4. Make just and reasonable regulations for the apportionment of all joint rates and charges between public utilities.
5. Consider the need for energy conservation when acting pursuant to the provisions of subsections 1 to 3, inclusive.
________
Assembly Bill No. 604Committee on Education
CHAPTER 442
AN ACT relating to education; providing for minimum program standards for learning disabilities; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.520 is hereby amended to read as follows:
388.520 1. The state department of education shall prescribe minimum standards for the special education of handicapped minors.
2. Prescribed minimum standards shall include standards for programs of instruction or special services maintained for the purpose of serving minors with the following handicapping conditions:
(a) Aurally handicapped.
(b) Visually handicapped.
(c) Physically handicapped.
(d) Speech handicapped.
(e) Mentally handicapped.
(f) Educationally handicapped, including appropriate subemphasis when related to [learning disabilities or] emotional disturbance.
(g) Multiple handicapped, including appropriate subemphasis for each of the handicapping conditions.
(h) Academically talented.
(i) Learning disabilities.
3. No apportionment of state funds shall be made by the superintendent of public instruction to any school district for the instruction of handicapped minors until the program of instruction maintained therein for such handicapped minors is approved by the state department of education as meeting the prescribed minimum standards.
________
κ1977 Statutes of Nevada, Page 886κ
Assembly Bill No. 160Assemblyman Banner
CHAPTER 443
AN ACT relating to workmens compensation; creating the office of state industrial attorney; requiring the state industrial attorney to represent claimants before the appeals officer and the district court under certain circumstances; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 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 office of state industrial attorney is hereby created. The governor shall appoint the state industrial attorney for a term of 4 years.
2. The state industrial attorney shall:
(a) Be an attorney licensed to practice law in this state;
(b) Be in the unclassified service of the state; and
(c) Not engage in the private practice of law.
3. The state industrial attorney is entitled to receive an annual salary of $25,000.
4. The duties of the state industrial attorney are limited to those prescribed by sections 6 and 7 of this act.
Sec. 3. 1. The state industrial attorney may employ:
(a) A deputy state industrial attorney who shall be in the unclassified service of the state.
(b) Clerical and other necessary staff who shall be in the classified service of the state.
2. The deputy state industrial attorney shall be an attorney licensed to practice law in this state and shall not engage in the private practice of law.
3. The state industrial attorney and his employees are entitled to receive the travel expenses and subsistence allowances provided by law for state officers and employees.
Sec. 4. 1. The state industrial attorney shall establish an office in Carson City, Nevada, and an office in Las Vegas, Nevada.
2. All salaries and other expenses of administering sections 2 to 7, inclusive, of this act shall be paid from the state insurance fund as other claims against the state are paid.
Sec. 5. 1. Any claimant may request the appointment of the state industrial attorney to represent him. The request shall be made in writing and accompanied by the claimants affidavit stating that he is financially unable to employ private counsel.
2. The appeals officer shall consider the application within a reasonable time and shall make such further inquiry as he deems necessary. If the appeals officer finds that the claimant is financially unable to employ private counsel and that the claimant would be better served by legal representation in his case, the appeals officer may appoint the state industrial attorney to represent him.
Sec. 6. 1. The state industrial attorney shall, when appointed by an appeals officer, represent without charge a claimant before the appeals officer or the district court.
κ1977 Statutes of Nevada, Page 887 (CHAPTER 443, AB 160)κ
appeals officer, represent without charge a claimant before the appeals officer or the district court.
2. When representing a claimant, the state industrial attorney shall:
(a) Advise the claimant and present his case to the appeals officer; and
(b) Present in the district court an appeal from the decision of the appeals officer if, in the opinion of the state industrial attorney, the appeal is merited.
Sec. 7. 1. The provisions of sections 2 to 7, inclusive, of this act do not prevent any claimant from engaging private counsel at any time; but the employment of private counsel relieves the state industrial attorney from further presentation of the claimants case. Any claimant who uses the services of the state industrial attorney and who also retains private counsel shall reimburse the state insurance fund for the reasonable cost of the services of the state industrial attorney.
2. The state industrial attorney shall submit a report to the governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his office.
________
Assembly Bill No. 745Committee on Judiciary
CHAPTER 444
AN ACT relating to statutes; correcting the effective date of certain sections of chapter 148, Statutes of Nevada 1977; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of chapter 148, Statutes of Nevada 1977, is hereby amended to read as follows:
Sec. 19. Sections [13,] 10, 15, 16 and 17 of this act shall become effective at 12:01 a.m. on July 1, 1977.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 662Committee on Commerce
CHAPTER 445
AN ACT relating to tear gas bombs and weapons; excepting from the definition of tear gas certain substances; and providing other matters properly relating thereto.
[Approved May 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.370 is hereby amended to read as follows:
202.370 As used in NRS 202.370 to 202.440, inclusive:
κ1977 Statutes of Nevada, Page 888 (CHAPTER 445, AB 662)κ
1. Shell, cartridge or bomb shall be construed to apply to and include all shells, cartridges or bombs capable of being discharged or exploded, when such discharge or explosions will cause or permit the release or emission of tear gas.
2. Tear gas shall be construed to apply to and include all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air. Tear gas does not include a liquid, gaseous or solid substance whose active ingredient is composed of natural substances or products derived from natural substances which cause no permanent injury through being vaporized or otherwise dispersed in the air.
3. Weapon designed for the use of such shell, cartridge or bomb shall be construed to apply to and include all revolvers, pistols, fountain pen guns, billies, riot guns or other form of device, portable or fixed, intended for the projection or release of tear gas except those regularly manufactured and sold for use with firearm ammunition.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 524Assemblymen Dini, Mello, Glover, Jacobsen, Demers, Harmon, Murphy, Barengo and Bremner
CHAPTER 446
AN ACT relating to the state park system; authorizing and directing the department of highways to convey to the state land registrar for use as a state park certain real property located in Lyon County, Nevada; making an appropriation; and providing other matters properly relating thereto.
[Approved May 9, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The department of highways is hereby authorized and directed to convey by quitclaim deed to the state land registrar for use as a state park that certain real property owned by the department in the SE 1/4 of section 14, T. 16 N., R. 21 E., M.D.B. & M., in Lyon County, Nevada, subject to easements of record and exclusive of its highway rights of way.
Sec. 2. The sum of $100,000 is appropriated to the state park system from the proceeds of bonds authorized and sold under the provisions of An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for use of the proceeds if such issue is approved; and providing other matters properly relating thereto, being chapter 660, Statutes of Nevada 1975, at page 1303, for the planning and development of the property described in section 1 of this act as part of the state park system.
κ1977 Statutes of Nevada, Page 889 (CHAPTER 446, AB 524)κ
Sec. 3. There is hereby appropriated from the state general fund to the state park system for the operation and maintenance of the property described in section 1 of this act as part of the state park system:
1. For fiscal year 1977-78, the sum of $26,897.
2. For fiscal year 1978-79, the sum of $18,925.
________
Assembly Bill No. 746Committee on Ways and Means
CHAPTER 447
AN ACT making an appropriation to the desert research institute of the University of Nevada System for winter weather modification activities for the Lake Tahoe and Walker River basins and Spring Mountains; and providing other matters properly relating thereto.
[Approved May 9, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the desert research institute of the University of Nevada System:
(a) The sum of $215,699 for the fiscal year beginning July 1, 1977, and ending June 30, 1978; and
(b) The sum of $221,559 for the fiscal year beginning July 1, 1978, and ending June 30, 1979,
for the purpose of carrying out winter weather modification activities and associated research for the Lake Tahoe and Walker River basins and for the Spring Mountains.
2. After June 30, 1979, the unencumbered balance of the appropriation made in subsection 1 shall not be encumbered and shall revert to the state general fund.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 676Assemblyman Moody (by request)
CHAPTER 448
AN ACT relating to credit unions; revising procedures for organizing certain credit unions; providing for certain reserve requirements; prescribing certain practices and procedures; and providing other matters properly relating thereto.
[Approved May 9, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 678 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1977 Statutes of Nevada, Page 890 (CHAPTER 448, AB 676)κ
1. Before the payment of any dividend by a central credit union, a regular reserve against loan losses shall be set aside according to the following schedule:
(a) Until the regular reserve equals 5 percent of the outstanding loans and risk assets, 2 percent of the gross earnings shall be withheld.
(b) Whenever the regular reserve falls below 5 percent of the outstanding loans and risk assets it shall be replenished in accordance with the formula set forth in paragraph (a).
2. No other reserves need be maintained by the central credit union.
Sec. 2. NRS 678.300 is hereby amended to read as follows:
678.300 1. Except for credit unions organized under the Federal Credit Union Act, all credit unions whose principal business is to borrow, loan and invest money on behalf of their members and which issue membership certificates shall be incorporated under the provisions of this chapter. For that purpose, all the provisions of NRS 81.410 to 81.540, inclusive, which are not in conflict with the provisions of this chapter, apply to the rights, privileges, powers, duties and obligations of such corporations and of the officers and stockholders thereof.
2. A credit union organized under the provisions of this chapter has perpetual existence, subject to dissolution as provided in this chapter.
Sec. 3. NRS 678.310 is hereby amended to read as follows:
678.310 1. The secretary of state shall not issue any certificate of incorporation to any credit union authorizing it to do business in this state until the articles of incorporation are approved by the commissioner.
2. An amendment to such articles of incorporation may not be filed by the secretary of state without the written approval thereof by the commissioner.
3. [Any] Not less than seven persons who are residents of Nevada, have a common bond and are of legal age who desire to organize a credit union under this chapter shall first execute in triplicate an application, upon forms to be issued by the commissioner, for permission to organize such an association. The applicants shall submit with or include in their application:
(a) A copy of the articles of incorporation which shall comply with the provisions of NRS 81.440 except where such provisions conflict with the provisions of this chapter.
(b) The par value of the shares which shall be in $5 multiples, not less than $5, and not more than $25.
(c) The names and addresses of the applicants and an itemized account of the financial condition of the applicants and the proposed credit union.
(d) The name, which shall include the words credit union, and the principal place of business.
(e) Any other additional information which the commissioner may require to determine the character and responsibility of the applicants and the need for a credit union in the community to be served.
(f) The incorporators shall submit a set of proposed bylaws to the commissioner with their application and the bylaws when approved by the commissioner are effective upon filing the articles of incorporation.
The commissioner shall approve or disapprove the application within 30 days following its receipt.
κ1977 Statutes of Nevada, Page 891 (CHAPTER 448, AB 676)κ
4. Every application for permission to organize, as provided for in this section, shall be accompanied by an application fee and a fee payment to cover expenses attendant upon the investigation required for such approval. The amount of the fees shall be established by regulation adopted by the commissioner.
5. The subscribers for a credit union charter shall not transact any business until formal approval of the charter has been received.
Sec. 4. NRS 678.320 is hereby amended to read as follows:
678.320 1. The articles of incorporation or bylaws may be amended as provided in the [respective instruments.] bylaws. Any amendment to the articles of incorporation or bylaws shall not become effective until approved in writing by the commissioner.
2. The commissioner shall not charge any fee for approving amendments to the articles of incorporation or bylaws of any credit union organized pursuant to this chapter.
Sec. 5. NRS 678.670 is hereby amended to read as follows:
678.670 1. Prior to the payment of any dividend, the gross earnings of the credit union must be determined. From the gross earnings a regular reserve against losses shall be set aside according to the following schedule:
(a) Until the regular reserve equals 7.5 percent of the outstanding loans and risk assets, all credit unions with assets of $500,000 or less shall withhold 10 percent of the gross earnings. [shall be withheld.] Thereafter, 5 percent of the gross income shall be withheld until the regular reserve reaches 10 percent of the outstanding loans and risk assets.
(b) Whenever a credit union has assets of more than $500,000 and has been in operation for at least 4 years, it shall maintain its regular reserve as follows:
(1) Until the regular reserve equals 4 percent of the outstanding loans and risk assets, the credit union shall withhold 10 percent of its gross earnings.
(2) Thereafter, until the regular reserve equals 6 percent of its outstanding loan and risk assets, the credit union shall withhold 5 percent of its gross earnings.
(c) Whenever the regular reserve falls below the required levels, it shall be replenished by regular contributions sufficient to maintain the regular reserve at the levels required by paragraph (a) [.] and (b).
2. All entrance fees, charges and transfer fees shall, after the payment of organizational expenses, be added to the regular reserve.
3. The regular reserve belongs to the credit union and shall not be distributed except on liquidation of the credit union or in accordance with a plan approved by the commissioner.
Sec. 6. NRS 678.850 is hereby amended to read as follows:
678.850 1. A central credit union may be organized and operated under the provisions of this chapter [and] by any three credit unions incorporated within this state. A central credit union is subject to all provisions not inconsistent with this section [. Such credit union] and shall use the term central in its official name.
2. A central credit union has all the rights and powers of any other credit union organized under this chapter and, in addition, a central credit union may:
κ1977 Statutes of Nevada, Page 892 (CHAPTER 448, AB 676)κ
(a) Make loans to other credit unions;
(b) Purchase shares and make deposits in other credit unions;
(c) Obtain the assets and liabilities of any credit union operating in this state which enters into liquidation;
(d) Invest in and grant loans to associations of credit unions or organizations chartered to provide exclusive service to credit unions; and
(e) Borrow money from any source and issue notes or debentures.
Sec. 7. NRS 678.860 is hereby amended to read as follows:
678.860 The [field of] membership for a central credit union [consists] may consist of:
1. Credit unions; [and all officers, directors and committee members and employees of a credit union organized pursuant to the provisions of this chapter or pursuant to federal laws;]
2. [Employees of an association of the] The Nevada Credit Union League [;] , Inc.; and
3. [Resident employees of federal or state government agencies responsible for the supervision of credit unions in this state;
4. Employees of a common employer with insufficient numbers to form or conduct the affairs of a separate credit union, if approved by the commissioner; and
5. Persons who are members of credit unions in this state whose credit unions have entered or are about to enter into voluntary or involuntary dissolution proceedings.] Organizations affiliated with the Nevada Credit Union League, Inc.
Sec. 8. NRS 678.870 is hereby amended to read as follows:
678.870 1. The board of each credit union that becomes a member of a central credit union shall designate one person to be its voting representative in the central credit union.
2. The voting representative of a member credit union is eligible to hold office in the central credit union. [as if such person is an individual member of the central credit union.]
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Assembly Bill No. 623Committee on Ways and Means
CHAPTER 449
AN ACT relating to state financial administration; removing certain restrictions on interim finance committee allocations; and providing other matters properly relating thereto.
[Approved May 9, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.269 is hereby amended to read as follows:
353.269 1. The recommendation of the state board of examiners for an allocation from the contingency fund shall be transmitted to the director of the legislature counsel bureau, who shall notify the chairman of the interim finance committee. The chairman shall call a meeting of the committee to consider the recommendation.
κ1977 Statutes of Nevada, Page 893 (CHAPTER 449, AB 623)κ
2. No allocation from the contingency fund may be made by the interim finance committee [:
(a) To] to effect salary increases for state officers and employees. [; or
(b) Subject to the provisions of subsection 4, to provide supplementary funds for the support of a state agency or officer, or for any program, when during the preceding session of the legislature the assembly standing committee on ways and means or the senate standing committee on finance, or both such committees, by deliberate consideration and action approved the program, rejected the proposed program or reduced the requested amount of money for any existing or proposed program. However, if it is demonstrated to the interim finance committee that the preceding legislature made no appropriation for an agency or a program or reduced the amount of the requested appropriation or a new program requiring state financial participation and an Act of Congress, a regulation promulgated by the President or by an executive department of the Federal Government, or a decision of a court of the United States or of this state, enacted, promulgated or made after adjournment sine die of the preceding legislature requires an expenditure of money for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant or grants of money or other thing of value, the interim finance committee may proceed to make an allocation therefor in the manner prescribed in subsection 3.]
3. If the interim finance committee, after independent determination, finds that an allocation recommended by the state board of examiners should and may lawfully be made, the committee shall by resolution establish the amount and purpose of the allocation, and direct the state controller to transfer [such] that amount to the appropriate fund and account. The state controller shall thereupon make [such] the transfer.
[4. The provisions of paragraph (b) of subsection 2 shall not be effective between July 1, 1973, and June 30, 1977, inclusive.]
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Assembly Bill No. 706Committee on Government Affairs
CHAPTER 450
AN ACT relating to public officers and employees; providing a public employees deferred compensation program; and providing other matters properly relating thereto.
[Approved May 9, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, 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.
κ1977 Statutes of Nevada, Page 894 (CHAPTER 450, AB 706)κ
Sec. 3. Committee means the committee established to administer the program.
Sec. 4. Deferred compensation means income which an employee may legally set aside under current United States Internal Revenue Service rulings and which, while invested under the program, is exempt from federal income taxes on the employees contributions and interest, dividends and capital gains.
Sec. 5. Employee means a person who is employed, appointed, elected or under contract to provide services to the State of Nevada, its agencies and instrumentalities, for which compensation is paid.
Sec. 6. Employer means the State of Nevada, an agency of the state and any instrumentality of the state which deducts any amount from the compensation of an employee under the program.
Sec. 7. Investment means a savings account, certificate of deposit, fixed or variable annuity contract, life insurance contract, mutual fund or other investment which the committee has approved for the program.
Sec. 8. Program means the public employees deferred compensation program authorized by sections 2 to 14, inclusive, of this act.
Sec. 9. 1. An employer may agree with any employee to defer any or all of the compensation due the employee in accordance with a program approved by the committee and by the United States Internal Revenue Service.
2. The employer shall withhold the amount of compensation which the employee has, in the agreement, directed the employer to defer.
3. The employer may invest withheld money in any investment approved by the committee.
4. Investments shall be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.
Sec. 10. The commissioner of insurance shall, with the approval of the governor, appoint a committee to administer the program. The committee may:
1. Create a trust fund or other appropriate fund for administration of money and other assets resulting from compensation deferred under the program.
2. With the approval of the governor, delegate to one or more state agencies the responsibility for administering the program for their respective employees, including:
(a) Collection of deferred compensation;
(b) Transmittal of money collected to depositories within the state designated by the committee; and
(c) Payment of deferred compensation to participating employees.
3. Contract with a private person, corporation, institution or other entity, directly or through a state agency, for services necessary to the administration of the plan, including without limitation:
(a) Consolidating billing;
(b) Recordkeeping for each participating employee and the program;
(c) Asset purchase, control and safeguarding;
(d) Employee communication programs; and
(e) Program administration and coordination.
κ1977 Statutes of Nevada, Page 895 (CHAPTER 450, AB 706)κ
Sec. 11. 1. Deferrals of compensation shall be made by payroll deductions authorized by the agreement between the employer and employee.
2. The amount of deferred compensation set aside by an employer under the program during any calendar year may not exceed the difference between:
(a) The annual salary or compensation specified for the employee by the applicable salary schedule or classification; and
(b) The undeferred compensation paid to the employee during the year.
Sec. 12. 1. No program becomes effective, and no deferral may be made, until the program has received the specific approval of the United States Internal Revenue Service, providing that the deferred income is not taxable to the participating employee until the amounts deferred are actually paid to the employee.
2. Income deferred during a period in which no income tax is imposed by the state or a political subdivision may not be taxed when deferred or when paid to the employee.
Sec. 13. The program shall be established in addition to other retirement, pension and benefit systems established by the state, and does not supersede, make inoperative, or reduce benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 14. No appropriated money of the state may be spent in connection with the administration of the program except as compensation for employees who participated in the administration as part of their regular duties, including without limitation:
1. Members and staff of the committee; and
2. Employees of the state agency selected to administer the program.
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Assembly Bill No. 335Assemblymen Dini and Mello
CHAPTER 451
AN ACT relating to public employees retirement; clarifying coverage of certain public employees subject to both federal and state retirement systems; and providing other matters properly relating thereto.
[Approved May 9, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.310 is hereby amended to read as follows:
286.310 1. [An employee who is a member of, or eligible for membership in, a retirement system established by a public employer prior to July 1, 1948, may not become a member of the system established by this chapter until the previously established system is integrated with the system established by this chapter pursuant to the procedure provided by this chapter.
2.] Employees of the [State of Nevada or a political subdivision of the State of Nevada] state or any of its political subdivisions who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter [.]
κ1977 Statutes of Nevada, Page 896 (CHAPTER 451, AB 335)κ
the State of Nevada] state or any of its political subdivisions who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter [.] , except:
(a) Persons employed by the state or any of its political subdivisions before July 1, 1967, who:
(1) Were required to participate in both systems; and
(2) Filed a written statement with the board within 30 days after July 1, 1967, electing to retain their service credit in the retirement system established by this chapter.
(b) Employees of the agricultural extension service of the college of agriculture of the University of Nevada who were continued in dual membership in both systems after July 1, 1967. These employees:
(1) May continue their membership in the retirement system established by this chapter until they respectively complete 23 years of simultaneous service while employed with the agricultural extension service; and
(2) Are entitled to benefits earned in the retirement system established by this chapter whether or not they receive or have received credit in the federal retirement system for the same period of time and service.
2. Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the retirement system established by this chapter at any time when they are not covered by that system, and if they subsequently reenter the retirement system established by this chapter as provided in subsection 3 they may repay such withdrawn contributions in the manner provided in this chapter.
3. When an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he shall become a member of the retirement system established by this chapter and is entitled to purchase credit for previous service rendered for the same agency or political subdivision under the [state] retirement system established by this chapter as provided in NRS 286.300.
4. [It] Except as provided in subsection 1, it is the intent of this section to prohibit coverage under two retirement systems for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof shall be given retirement coverage under one of the two systems.
Sec. 2. Section 52 of Senate Bill No. 173 of the 59th session is hereby repealed.
Sec. 3. Section 2 of this act shall become effective only if Senate Bill No. 173 is enacted into law.
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