[Rev. 2/28/2019 12:20:40 PM]
κ1977 Statutes of Nevada, Page 897κ
Assembly Bill No. 407Assemblyman Banner
CHAPTER 452
AN ACT relating to unemployment compensation; redefining certain employment; providing additional disqualifications for benefits; amending certain appeal procedures; requiring certain notification by employers; amending procedures for transfer of employers experience records; 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 612.119 is hereby amended to read as follows:
612.119 Employment does not include service performed in the employ of a school, college or university if [such] the service is performed by:
1. A student who is enrolled and is regularly attending classes at [such] the school, college or university.
2. The spouse of a student, if the spouse is advised at the time the spouse commences performing [such] the service that the employment is provided under a program to provide financial assistance to the student by the school, college or university and the employment will not be covered by any program of unemployment compensation.
Sec. 2. NRS 612.227 is hereby amended to read as follows:
612.227 1. The executive director, subject to the provisions of this section, may enter into lease-purchase agreements with any [individuals,] persons, corporations, associations or partnerships for the purchase of office buildings and the land upon which [such] the buildings are located. Rentals to the lessor shall be paid by the employment security department, or any agency which may hereafter absorb the employment security program.
2. The executive director may take title in the name of the State of Nevada to premises which are the subject of such a lease-purchase agreement upon fulfillment of the terms of [such] the agreement.
3. All [such] lease-purchase agreements heretofore entered into by the executive director are hereby ratified, confirmed and adopted.
4. The State of Nevada hereby assures the [Manpower] Employment and Training Administration of the United States Department of Labor that upon the amortization of the costs of any building and premises heretofore or hereafter purchased or agreed to be purchased for the use of the employment security department pursuant to [such] any lease-purchase agreement, the employment security department may continue to occupy [such] the building without the payment of rent, and shall be assessed only the reasonable cost of operation and maintenance of [such] the building.
5. If it becomes necessary for the employment security department to be moved from any such building after it has been purchased through the amortization of the cost thereof, the State of Nevada hereby gives assurance that other substantially similar space shall be furnished to the employment security department without further payments by [such] the department or the [Manpower] Employment and Training Administration of the United States Department of Labor, other than payment of the reasonable cost of operation and maintenance thereof.
κ1977 Statutes of Nevada, Page 898 (CHAPTER 452, AB 407)κ
department or the [Manpower] Employment and Training Administration of the United States Department of Labor, other than payment of the reasonable cost of operation and maintenance thereof.
6. If it becomes necessary for the employment security department to be moved from any such building before the cost thereof has been completely amortized, the State of Nevada hereby gives assurance that credit will be allowed for the amount of funds granted to the employment security department by the [Manpower] Employment and Training Administration of the United States Department of Labor for the partial amortization of [such] the building to the end that funds granted by the [Manpower] Employment and Training Administration for the use of substantially similar space will not exceed the amount which the employment security department would have been obligated to pay if it had remained in [such] the premises.
Sec. 2.5. NRS 612.375 is hereby amended to read as follows:
612.375 An unemployed [individual] person is eligible to receive benefits with respect to any week only if the executive director finds that:
1. He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection [as to individuals] for persons attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this chapter.
2. He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
3. He is able to work, and is available for work; but no claimant shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability. No otherwise eligible [individual] person shall be denied benefits for any week in which he is engaged in training approved by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
4. [He] Except as provided in subsection 5, he has within his base period been paid wages from employers equal to or exceeding one and one-half times his total wages for employment by employers during the quarter of his base period in which such total wages were highest; but if [an individual] a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount shall be $1 less than one twenty-fifth of his high-quarter wages; but no [individual] person may receive benefits in a benefit year unless, subsequent to the beginning of the next-preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for such service in an amount equal to not less than three times his basic weekly benefit amount as determined for such next-preceding benefit year.
κ1977 Statutes of Nevada, Page 899 (CHAPTER 452, AB 407)κ
times his basic weekly benefit amount as determined for such next-preceding benefit year.
5. Any wages which are paid for employment immediately preceding retirement shall not be included as wages in determining the total wages paid during a claimants base period.
Sec. 3. NRS 612.420 is hereby amended to read as follows:
612.420 [An individual shall be] A person is disqualified for benefits for any week with respect to which he receives either wages in lieu of notice [.] or severance pay.
Sec. 4. NRS 612.495 is hereby amended to read as follows:
612.495 1. Any person entitled to a notice of determination or redetermination may file an appeal from the determination with an appeal tribunal, and the executive director shall be a party respondent thereto. [Such] The appeal must be filed within 10 days of the date of mailing or personal service of the notice of determination or redetermination. [Such] The 10-day period may be extended for good cause shown. Any employing unit whose rights may be adversely affected may be permitted by the appeal tribunal to intervene as a party respondent to the appeal.
2. An appeal [shall be] is deemed to be filed on the date it is delivered to the employment security department, or, if it is mailed, on the postmarked date appearing on the envelope in which it was mailed, if postage is prepaid and the envelope is properly addressed to [one of the offices of the employment security department.] the office of the employment security department that mailed notice of the persons claim for benefits to his last employer pursuant to NRS 612.475.
3. The 10-day period provided for in this section shall be computed by excluding the day the determination was mailed or personally served, and including the last day of the 10-day period, unless the last day is a Saturday, Sunday or holiday, in which case [such] that day shall also be excluded.
4. The appeal tribunal may permit the withdrawal of the appeal by the appellant at the appellants request if there is no coercion or fraud involved in the withdrawal.
Sec. 5. NRS 612.535 is hereby amended to read as follows:
612.535 1. [On and after January 1, 1937, contributions] Contributions with respect to wages for employment [shall] accrue and become payable by each employer for each calendar quarter in which he is subject to this chapter. [Such contributions shall become due and be paid] Contributions are due and payable by each employer to the executive director for the fund in accordance with such regulations as the executive director may prescribe, and shall not be deducted, in whole or in part, from the wages of [individuals] persons in employment for [such] that employer.
2. In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent.
3. Each employing unit, within 30 days after becoming an employer under this chapter, shall register with the employment security department by filing a report form designed and prescribed by the department.
Sec. 6. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
κ1977 Statutes of Nevada, Page 900 (CHAPTER 452, AB 407)κ
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means [an individual] a person who has received a first payment.
(d) Computation date for each calendar year means June 30 of the preceding calendar year.
(e) Covered worker means [an individual] a person who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to [an individual] a person in his benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.
2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which [shall apply] applies to him for each calendar year in order to reflect [such] his experience and classification.
No employers contribution rate [shall] may be reduced below 3 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 3 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer shall be assigned the contribution rate of [such] his predecessor.
κ1977 Statutes of Nevada, Page 901 (CHAPTER 452, AB 407)κ
experience record of a predecessor employer shall be assigned the contribution rate of [such] his predecessor.
4. Benefits paid to [an individual] a person up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, but:
(a) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state [shall] may be charged to any employers experience rating record when no benefits would have been payable except for NRS 612.295.
(b) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to [an individual] a person shall not be charged against the accounts of his base period employers.
5. The executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify [such] those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year shall be determined by the range within which his reserve ratio falls.
The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection 6 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:
Class 1.................................................................................................... 0.6 percent
Class 2.................................................................................................... 0.9 percent
Class 3.................................................................................................... 1.2 percent
Class 4.................................................................................................... 1.5 percent
Class 5.................................................................................................... 1.8 percent
Class 6.................................................................................................... 2.1 percent
Class 7.................................................................................................... 2.4 percent
Class 8.................................................................................................... 2.7 percent
Class 9.................................................................................................... 3.0 percent
7. [The executive director shall assign contribution rates less than 3 percent for the third and fourth quarters of calendar year 1975 as nearly as may be in accordance with the provisions of subsections 1 to 6, inclusive, of this section.] On [November 30, 1975, and on] November 30 of each year, [thereafter,] the executive director shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date;
κ1977 Statutes of Nevada, Page 902 (CHAPTER 452, AB 407)κ
consecutive 12-month periods in the 10 years ending on the computation date;
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the employment security department records for the 12 months ending on the computation date;
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on November 30. If the executive director finds on November 30 preceding any such year that the balance in the unemployment compensation fund is less than the potential maximum annual benefits payable, a 0.5 percent solvency assessment shall be added to the contribution rate of each class described in subsection 6 and to the contribution rate of the employers described in NRS 612.540.
8. The executive director shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.
9. [The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.] The experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:
(a) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;
(b) The successor employer notifies the employment security department of the acquisition in writing within 90 days from the date of the acquisition;
(c) The employer and successor employer submit a joint application to the executive director requesting the transfer; and
(d) The joint application is approved by the executive director.
The joint application shall be submitted within 1 year after the date of issuance by the department of official notice of eligibility to transfer.
10. Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and [such] the account shall not thereafter be used in any rate computation.
11. The executive director [shall have] has the power to adopt reasonable accounting methods to account for those employers which are in a reimbursement in lieu of contributions category.
κ1977 Statutes of Nevada, Page 903 (CHAPTER 452, AB 407)κ
Sec. 7. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Benefits based on service in an instructional, research or principal administrative capacity in any educational institution or based on other service in any educational institution, except an institution of higher education, shall be denied to any person for any week of unemployment which begins during an established and customary vacation or holiday recess if the person performs service in the period immediately preceding the vacation or recess and there is reasonable assurance that he will be provided employment immediately succeeding the vacation or recess.
Sec. 8. NRS 612.435 and 612.440 are hereby repealed.
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Senate Bill No. 314Clark County Delegation
CHAPTER 453
AN ACT relating to state parks; authorizing the state land registrar to accept land at Tule Springs for use as a state park; prescribing conditions; making an appropriation from proceeds of the sale of general obligation bonds for park purposes; and providing other matters properly relating thereto.
[Approved May 10, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land registrar may accept title to those portions of sections 3, 4 and 9, township 19 south, range 60 east, M.D.B. & M., known as Tule Springs Park, from the City of Las Vegas, on behalf of the administrator of the state park system for development as a state park, subject to the conditions set forth in this act and to the leases and agreements in effect.
Sec. 2. As a condition to the acceptance of title, the City of Las Vegas shall convey all water rights associated with the land to the State of Nevada.
Sec. 3. The state hereby disclaims any obligation to the Zoological Society of Nevada relating to their operation of a zoo on the grounds of the Tule Springs Park beyond the expiration of the present ground lease or during its continuance except as expressly provided in the lease.
Sec. 4. The state land registrar may acquire on behalf of the administrator of the state park system, by purchase, lease or gift, from the United States Bureau of Land Management, lands formerly leased to the City of Las Vegas in connection with the Tule Springs Park, which are:
1. Lease No. N 1327, covering section 2, township 19 south, range 60 east, M.D.B. & M., being 639 acres, more or less.
2. Lease No. N 1328, covering 561.21 acres, more or less, located in sections 3 and 4 of township 19 south, range 60 east, M.D.B. & M.
3. Lease No. N 1329, covering 160 acres, more or less, located in section 11, township 19 south, range 60 east, M.D.B. & M.
Sec. 5. The state land registrar shall negotiate and execute the land transactions authorized in this act.
κ1977 Statutes of Nevada, Page 904 (CHAPTER 453, SB 314)κ
transactions authorized in this act. Before title to any of the lands may be accepted, the state land registrar shall determine that the lands are free from encumbrances except those to which reference is made in section 1 of this act.
Sec. 6. The sum of $1,400,000 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 Tule Springs Park as part of the state park system.
Sec. 7. This act shall become effective upon passage and approval.
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Assembly Bill No. 591Assemblymen Mello, Kosinski and Westall
CHAPTER 454
AN ACT making an appropriation to the City of Sparks, Nevada, to reimburse it for the expense of developing Stempeck Park; and providing other matters properly relating thereto.
[Approved May 11, 1977]
Whereas, The City of Sparks developed that certain tract of state-owned land within its boundaries known and designated as Stempeck Park for recreational purposes; and
Whereas, Exclusive use of Stempeck Park has been given to the Nevada mental health institute; now, therefore,
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 City of Sparks, Nevada, the sum of $65,000, to reimburse it for the expense of developing Stempeck Park.
Sec. 2. Money appropriated to the City of Sparks, Nevada, pursuant to section 1 may be used only for park development and it is the intent of the legislature that such appropriation be used to further the development of a certain tract of land located in the city containing 52 acres, more or less, and which is currently designated as citywide park.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 905κ
Assembly Bill No. 613Assemblymen Harmon, Dreyer, Banner, Demers, Robinson, Schofield, Ross, Kissam, Mann, Hayes, Brookman, Bremner, Murphy, Vergiels and Craddock
CHAPTER 455
AN ACT relating to metropolitan fire departments; providing a procedure for the creation of a metropolitan fire department; requiring certain political subdivisions to follow such procedures; providing for the operation of a metropolitan fire department; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 22 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 34, inclusive, of this act.
Sec. 2. 1. The legislature finds:
(a) That there is substantial duplication of functions, personnel and expenses between the city and county fire agencies in this state.
(b) That merger of city and county fire agencies would increase the efficiency of such agencies by improving response time to fire emergencies, lowering purchasing costs, coordinating fire prevention efforts and improving the use of equipment, personnel and supplies.
2. It is the purpose of this chapter to provide the means whereby the respective fire agencies of cities and counties in this state may merge into metropolitan fire departments and to provide the means whereby a metropolitan fire department may contract for fire prevention and other related services in other unincorporated areas of a county.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. (Deleted by amendment.)
Sec. 5. City means an incorporated city or town subject to the provisions of this chapter.
Sec. 5.1. City fire agency means any department, division or other organization under the direction of the city which provides service for the prevention or extinguishment of fire and other related services, including, but not limited to rescue, emergency ambulance, education, inspection and arson investigation services to any area within a city.
Sec. 5.2. County fire agency means any department, division, unincorporated town, district, or other organization which provides service for the prevention or extinguishment of fire and other related services, including, but not limited to rescue, emergency ambulance, education, inspection and arson investigation services to any unincorporated town, improvement district or fire district within a county.
Sec. 6. Department means a metropolitan fire department created under the provisions of this chapter.
Sec. 7. Department fund means a metropolitan fire department fund created in a city treasury.
Secs. 8-10. (Deleted by amendment.)
Sec. 11. This chapter applies to any city in this state which has a population of 125,000, or more, and is located in a county which has a population of 200,000 or more and in which a county fire agency exists within 10 miles of the city.
κ1977 Statutes of Nevada, Page 906 (CHAPTER 455, AB 613)κ
population of 200,000 or more and in which a county fire agency exists within 10 miles of the city. For the purpose of this section, population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 12. 1. Any county fire agency which is located within a distance of 10 miles of the boundaries of any city shall be merged into the city fire agency.
2. The merged fire agencies shall constitute a department named after the city into which the county fire agency is merged.
3. The city into which the county fire agency is merged shall have the management, administration, supervision, jurisdiction and control over the department.
4. The department shall provide fire prevention and related services to the city and to fire districts, unincorporated towns or other areas of the county which were previously served by the merged county agencies. Such services shall be at a level equal to or superior to the fire prevention and related services provided before merger.
5. The department may also provide fire prevention and related services for other areas of the county or any other municipality by agreement and payment of reasonable compensation.
Secs. 13-17. (Deleted by amendment.)
Sec. 18. 1. The city shall prepare an annual budget for the department, including estimated operating expenses and any planned capital improvements. The budget shall be submitted for approval or modification to a budget committee consisting of all the members of the governing body of the city and three members of the board of county commissioners.
2. Each member of the committee is entitled to one vote. The mayor of the city shall serve as chairman of the committee. The committee shall meet at least annually to consider the budget, and at the call of the mayor for budget augmentation and other matters.
3. The county and each unincorporated town, improvement district, fire district and city served by the department shall provide money for the operation of the department.
4. The county, acting as the fiscal agent for any unincorporated area served by the department shall contribute to the annual budget of the department an amount equal to $0.80 for each $100 of assessed valuation on taxable property within the boundaries of any unincorporated town, improvement district empowered to furnish fire protection facilities, or fire district served by the department, or an amount equal to the contribution of the city, whichever is less.
5. The county, as fiscal agent for each unincorporated area served by the department, shall transfer the areas annual share of the budget of the department to the city in equal monthly installments.
Sec. 19. (Deleted by amendment.)
Sec. 20. Upon merger, the city treasurer of a city which operates a department shall:
1. Create a metropolitan fire department fund in the city treasury for the exclusive use of the department.
2. Receive all money from the county, participating cities and any other source on behalf of the department and deposit the money in the department fund.
κ1977 Statutes of Nevada, Page 907 (CHAPTER 455, AB 613)κ
3. Issue warrants against the department fund in the same manner as other warrants of the city are issued.
Sec. 21. (Deleted by amendment.)
Sec. 22. The governing body of the city shall examine, settle and allow all accounts legally chargeable against the city by reason of the department.
Secs. 23-25. (Deleted by amendment.)
Sec. 26. Upon the formation of a department, every power and duty conferred or imposed by law upon the fire agencies before merger devolves automatically upon the department.
Sec. 27. 1. The chief administrative officer of the department shall be appointed by the chief administrative officer of the operating city, subject to the approval or ratification by the governing bodies of the operating city and participating county.
2. Upon formation of the department, the appointed chief administrative officer shall take responsibility for and organize the department.
Sec. 28. 1. Persons who were employees of fire agencies at the time of a merger may retain their employment in the department. All employees, except the chief administrative officer of a fire agency, shall retain a rank and grade equivalent to the rank and grade held before the merger.
2. Such employees shall not suffer any loss in pay by reason of the merger, however, fringe benefits or other job benefits will be the same as those prevailing in the city until negotiated differently.
3. Sick leave, longevity, seniority and vacation time accrued to employees in the service to their respective fire agencies shall be credited to them as employees of the department. All rights and accruals of such employees as members of the public employees retirement system shall remain in force and shall be automatically transferred from the respective fire agencies to the department.
4. The duties and responsibilities of the employees shall not be diminished by reason of the merger, but their area and division of assignment may be changed at the discretion of the chief administrative officer of the department or his designated administrative representative.
5. If the city has a civil service system at the time of merger, all employees of the department, except appointed personnel and temporary appointments, shall remain or automatically become members of the civil service system and be subject to its regulations and entitled to its benefits.
Sec. 29. 1. The governing body of the city may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any department fireman who is disabled to any degree by an injury arising out of and in the course of his employment. The cost of the plan or program may be charged, in whole or in part, against the annual operating budget for the department.
2. The governing body of the city may adopt regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.
3. If the governing body of the city proposes to put into effect a plan or program as described in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the city concerning the nature and extent of the plan, program or change.
κ1977 Statutes of Nevada, Page 908 (CHAPTER 455, AB 613)κ
city concerning the nature and extent of the plan, program or change. Chapter 288 of NRS applies to negotiations for this purpose.
4. The plan or program authorized by this section is supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapter 616 of NRS.
5. The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. Benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public money, shall not exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.
Secs. 30 and 31. (Deleted by amendment.)
Sec. 32. 1. All bonds, contracts, franchises and agreements to which the participating county or any unincorporated town, improvement district or fire district is a party which relate to fire prevention and related activities of the merged fire agencies inure to the benefit of the department as successor and assignee of the agencies in such matters.
2. Valid claims against the participating county or any unincorporated town, improvement district or fire district arising from fire prevention and related activities of the merged fire agencies shall not be diminished or altered by reason of merger into a department.
3. The merger into a department does not affect any pending legal action or proceeding involving any debt, demand, liability or obligation which has been brought by or against any participating entity prior to the merger, irrespective of the nature of the action or proceeding.
Sec. 33. 1. Upon merger, title to and possession of all real and personal property which, at the time of merger, is exclusively devoted to the uses and purposes of fire prevention and related services by the merged county fire agencies, shall be vested in and transferred to the city for the use and benefit of the department.
2. Property which is required to be transferred under the provisions of this section shall be inventoried and appraised before the transfer in a manner which satisfies the accounting requirements of each participating political subdivision in order that values may be determined on the date of transfer.
3. Any property required to be transferred under the provisions of this section which afterward ceases to be used for the purpose of fire prevention or a related service reverts to the ownership of the county or other agency from which it was transferred.
Sec. 34. The powers of the various participating political subdivisions and the provisions of this chapter shall be construed liberally to effect the merger of fire prevention agencies without administrative difficulty, it being the intention of the legislature that the formation of departments be effected in an orderly manner.
Sec. 35. In a county to which this act applies immediately, the merger required by this act shall take place on July 1, 1977. In a county to which this act subsequently becomes applicable, the merger shall take place on July 1 next following publication of the results of the national census.
κ1977 Statutes of Nevada, Page 909 (CHAPTER 455, AB 613)κ
Sec. 36. This act shall become effective upon passage and approval for the purpose of preparing a budget for the fiscal year 1977-1978, and on July 1, 1977, for all other purposes.
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Senate Bill No. 298Committee on Finance
CHAPTER 456
AN ACT relating to the protection and preservation of state property; directing the state board of examiners to issue state general obligation bonds for the purpose of renovating the Capitol Building; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary to renovate the Capitol Building, but not more than $6,000,000 in face amount. The bonds may be issued at one time or from time to time.
Sec. 2. The legislature finds and declares that the issuance of bonds pursuant to this act is necessary for the protection and preservation of the property of this state and for the purpose of 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.
Sec. 3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this act.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 225Senator Raggio
CHAPTER 457
AN ACT relating to corporate shareholders; limiting their preemptive rights to certain shares of stock; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.265 is hereby amended to read as follows:
78.265 [Unless otherwise provided in the certificate of incorporation, or an amendment thereof, every stockholder of a corporation shall, upon the sale for cash of any new stock of such corporation of the same class as that which he already holds, have the right to purchase his pro rata share of such stock at the price at which it is offered to others, which price, in the case of stock having par value, may be in excess of par if the board of directors shall so determine.]
κ1977 Statutes of Nevada, Page 910 (CHAPTER 457, SB 225)κ
rata share of such stock at the price at which it is offered to others, which price, in the case of stock having par value, may be in excess of par if the board of directors shall so determine.] 1. Except to the extent limited or denied by this section or the articles of incorporation, shareholders have a preemptive right to acquire unissued shares, treasury shares or securities convertible into such shares.
2. Unless otherwise provided in the articles of incorporation:
(a) A preemptive right does not exist:
(1) To acquire any shares issued to directors, officers or employees pursuant to approval by the affirmative vote of the holders of a majority of the shares entitled to vote or when authorized by a plan approved by such a vote of shareholders;
(2) To acquire any shares sold for a consideration other than cash;
(3) To acquire any shares issued at the same time that the shareholder who claims a preemptive right acquired his shares;
(4) To acquire any shares issued as part of the same offering in which the shareholder who claims a preemptive right acquired his shares; or
(5) To acquire any shares then registered pursuant to section 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 78 l).
(b) Holders of shares of any class that is preferred or limited as to dividends or assets are not entitled to any preemptive right.
(c) Holders of common stock are not entitled to any preemptive right to shares of any class that is preferred or limited as to dividends or assets or to any obligations, unless convertible into shares of common stock or carrying a right to subscribe to or acquire shares of common stock.
(d) Holders of common stock without voting power have no preemptive right to shares of common stock with voting power.
(e) The preemptive right is only an opportunity to acquire shares or other securities upon such terms as the board of directors fixes for the purpose of providing a fair and reasonable opportunity for the exercise of such right.
________
Senate Bill No. 274Committee on Judiciary
CHAPTER 458
AN ACT relating to coroners; requiring coroners to inventory the property of deceased persons; providing a penalty for disregard of a coroners seals, signs or other devices barring entrance to property of deceased persons; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 259.150 is hereby amended to read as follows:
259.150 1. The justice of the peace, acting as coroner, shall [deliver without delay to the treasurer of the county] inventory, in the presence of at least one other person, any money or property which may have been found [with] on or about the deceased, unless taken from his possession by legal authority [.]
κ1977 Statutes of Nevada, Page 911 (CHAPTER 458, SB 274)κ
found [with] on or about the deceased, unless taken from his possession by legal authority [.] , and shall deliver without delay a signed copy of the inventory and the money or property to the treasurer of the county. If the justice of the peace, acting as coroner, [fail] fails to pay or deliver such money or property to the county treasurer, the county treasurer may recover [the same] it by an action at law.
2. The justice of the peace, acting as coroner, shall affix appropriate seals, signs or other devices prohibiting entrance to the residence of a deceased person who had lived alone under circumstances indicating that no other person can reasonably be expected to provide immediate security for the deceaseds property. Any person, except the coroner, his deputy, a law enforcement officer or the executor or administrator of the deceaseds estate, who removes such a coroners seal, sign or other device or who enters upon any property bearing such a seal, sign or other device is guilty of a misdemeanor.
________
Senate Bill No. 229Senator Dodge
CHAPTER 459
AN ACT relating to bees and apiaries; revising terminology; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.085 is hereby amended to read as follows:
552.085 As used in this chapter:
1. Apiary means any hive or other place where bees are kept, located or found, and all appliances used in connection therewith.
2. Appliance means any implement or device used in manipulating bees or their brood, including honey-extracting equipment, and any container thereof.
3. Bees means honey-producing insects (Apis mellifera), and includes adults, eggs, larvae, pupae, and all material, excluding honey and rendered beeswax, that is deposited into beehives by the adults.
4. Colony means the bees, comb and honey contained in the hive.
5. Colony strength means the potential of a hive of bees to pollinize horticultural or agricultural crops.
[5.] 6. Department means the state department of agriculture.
[6.] 7. Destroy means to burn a subject in its entirety.
[7.] 8. Disease means any condition adversely affecting bees, or their brood, which may become epidemic, including American foul brood and acarine disease (Acarapis woodi).
[8.] 9. Hive means any receptacle or container made or prepared for the use of bees. [, or of which bees have taken possession.]
[9.] 10. Inspector means any person authorized by the department to enforce the provisions of this chapter.
[10.] 11. Location means any place where an apiary is located.
κ1977 Statutes of Nevada, Page 912 (CHAPTER 459, SB 229)κ
[11.] 12. Person means any [individual,] natural person, partnership, association or corporation.
[12.] 13. Treat means to fumigate hives with gas, to burn their contents and to scorch the boxes, tops and bottom boards with fire.
Sec. 2. NRS 552.120 is hereby amended to read as follows:
552.120 At the completion of each annual assessment, the county assessor shall prepare from the assessment book of such year, as corrected by the board of county commissioners, a statement showing the total number of [stands] colonies of bees assessed in his county and the ownership and location of the [same,] colonies, and shall forward the statement to the department.
Sec. 3. NRS 552.130 is hereby amended to read as follows:
552.130 1. Upon the receipt of the statement from the county assessor, the department shall:
(a) Fix the annual special tax not exceeding 25 cents on each [stand] colony of bees as provided in subsection 2, and record the amount of any such tax as receivable.
(b) Send notice of the [same] amount to the board of county commissioners of each county previous to the annual levy of taxes by the board of county commissioners.
2. When notified by the department, the board of county commissioners shall, at the time of the annual levy of taxes, levy the tax recommended by the department under the provisions of subsection 1, not to exceed 25 cents on each [stand] colony of bees assessed in its county.
3. Upon the receipt of any such tax and the report thereof by the state controller, the department shall credit the amount of such tax as paid on its records. Any uncollected tax shall, annually, be reconciled with each countys tax roll.
4. This section does not apply to [stands] colonies of bees imported into this state for pollination purposes pursuant to the provisions of NRS 552.210.
[5. Owners of five or less stands of bees are exempt from the tax imposed by this section.]
Sec. 4. NRS 552.210 is hereby amended to read as follows:
552.210 1. No person may ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a special pollination permit issued by the department.
2. The department may issue a special pollination permit for the importation of bees on comb and [boxes] hives containing comb into a designated district of this state from another state for a period not to exceed 6 months if the applicant:
(a) Submits an application on forms supplied by the department stating:
(1) The number of [hives] colonies or the number of [boxes] hives containing comb, or both, to be moved.
(2) The locality, city or cities (if any), the county, or counties, and the state of origin of the colonies or hives [or boxes] of comb.
(3) The property, locality and county in which the colonies or hives [or boxes] of comb will be placed.
(4) The proposed date of entry into the State of Nevada.
κ1977 Statutes of Nevada, Page 913 (CHAPTER 459, SB 229)κ
(5) Facts pertaining to the purpose for which the bees and [boxes] hives of comb, or both, are to be moved, including evidence establishing the existence of a contract or agreement for pollination service.
(6) In affidavit form, that no drugs of any kind have been or will be fed to the bees for a period of 60 days prior to moving such bees into the State of Nevada.
(b) Files with the department, not less than 72 hours in advance of entry, a certificate of a duly authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days of the date of the issuance of the certificate at a time when the bees are actively rearing their brood; and
(2) That 1 percent or less American foul brood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during such time has been destroyed; and
(3) The numbers of [hives] colonies of bees, nuclei of bees, [supers] hives of drawn comb, city and county of origin and date of inspection.
(c) Notifies the department immediately upon arrival in this state, registers apiary locations, and pays the registration fee of 25 cents per hive.
3. Each shipment shall be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
4. The department may issue a permit to a person holding a valid special pollination permit issued pursuant to subsection 2 to store [boxes] colonies of bees on comb or [boxes] hives containing comb for a period in excess of 6 months if the applicant:
(a) Stores the [boxes] colonies of bees on comb or [boxes] hives containing comb in a location and under conditions approved by the department.
(b) Uses the stored [boxes] colonies of bees on comb or [boxes] hives containing comb for the purpose of apiarian management under a pollination contract.
(c) Allows the department to make periodic inspections of the stored [boxes] colonies of bees on comb or [boxes] hives containing comb.
(d) [Keep] Keeps such [boxes] colonies of bees on comb or [boxes] hives containing comb within the district designated in the pollination permit issued for their importation.
5. The department may issue a permit for the importation into the State of Nevada of used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms [, empty supers] and empty hive bodies, if the applicant submits a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the department.
6. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment shall be quarantined in the same manner as provided in NRS 552.200, and shall be either destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
κ1977 Statutes of Nevada, Page 914 (CHAPTER 459, SB 229)κ
state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
7. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce shall be covered by the person in possession in a manner which will prevent access of bees.
8. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter shall be either destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the department, after notice to such owner or person by the department. If the owner does not comply with the requirements of the notice or cannot be located, the department may either destroy such bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale shall include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of any such sale shall be deposited [in] with the state treasurer for credit to the apiary inspection fund.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 561.365 is hereby amended to read as follows:
561.365 1. The apiary inspection fund is hereby created in the state treasury for the use of the department.
2. The following special taxes, fees and moneys shall be deposited in the apiary inspection fund:
(a) Any special tax on [stands] colonies of bees as provided by law.
(b) Fees collected under the provisions of NRS 552.085 to 552.310, inclusive.
(c) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. Expenditures from the apiary inspection fund shall be made only for the purpose of carrying out the provisions of chapter 552 of NRS, and the provisions of this chapter.
________
Assembly Bill No. 753Committee on Elections
CHAPTER 460
AN ACT relating to elections; prescribing the close of registration for recall elections; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration shall close at 9 p.m. of the fifth Saturday preceding any primary election, [and] at 9 p.m. of the fifth Saturday preceding any general election [.] and at 9 p.m. of the third Saturday preceding any recall election.
κ1977 Statutes of Nevada, Page 915 (CHAPTER 460, AB 753)κ
2. Registration offices shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before registration, according to the following schedule:
(a) In counties which have a population less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, registration offices shall be open during the last 3 days before registration closes;
(b) In all other counties, registration offices shall be open during the last 5 days before registration closes.
3. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 323Assemblymen Sena, Horn, Jeffrey, Schofield, Mann, Kissam, Hayes, Moody, Rhoads, Mello, Robinson, Coulter, Banner, Westall, Goodman, Polish and Barengo
CHAPTER 461
AN ACT relating to motor vehicle insurance; creating a presumption of the violation of a penal statute; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.263 is hereby amended to read as follows:
484.263 1. It is unlawful for any person to operate a motor vehicle registered in this state without having security covering the vehicle as required by chapter 698 of NRS.
2. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
Sec. 2. This act shall become effective on February 1, 1978.
________
κ1977 Statutes of Nevada, Page 916κ
Senate Bill No. 440Committee on Government Affairs
CHAPTER 462
AN ACT relating to local government labor relations; revising mediation and factfinding provisions and providing for arbitration for certain parties; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 288 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In the case of an employee organization and a local government employer to which section 3 of this act applies, the following departures from the provisions of NRS 288.200 also apply:
1. If the parties have not reached agreement by March 15, either party may submit the dispute to an impartial factfinder at any time for his findings.
2. In a regular legislative year, the factfinding hearing shall be stayed up to 20 days after the adjournment of the legislature sine die.
3. Any time limit prescribed by this section or NRS 288.200 may be extended by agreement of the parties.
Sec. 3. 1. As used in this section, firemen means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the state and whose principal duties are controlling and extinguishing fires.
2. The provisions of this section apply only to firemen and their local government employers.
3. If the parties have not agreed to make the findings and recommendations of the factfinder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the factfinders report is submitted, submit the issues remaining in dispute to an arbitrator who shall be selected in the manner provided in NRS 288.200 and have the same powers provided for factfinders in NRS 288.210.
4. The arbitrator shall, within 10 days after he is selected, and after 7 days written notice is given to the parties, hold a hearing for the purpose of receiving information concerning the dispute. The hearings shall be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.
5. At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:
(a) The parties to the dispute; or
(b) Any interested person.
6. The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.
7. At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.
κ1977 Statutes of Nevada, Page 917 (CHAPTER 462, SB 440)κ
8. If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
9. The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator shall be retroactive to the expiration date of the last contract.
Sec. 4. NRS 288.190 is hereby amended to read as follows:
288.190 1. The parties shall promptly commence negotiations. [During the course of negotiations the parties may mutually agree to utilize the services of a mediator to assist them in resolving their dispute.] As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.
2. If the parties do not agree by February 1, or if either party fails to follow the procedures agreed upon, and if the parties have not agreed on all substantive issues, the parties shall select a mediator. If the parties cannot agree upon a mediator, the labor commissioner shall appoint a disinterested person to act as mediator. The mediator shall bring the parties together to settle the dispute but has no power to compel them to agree. The mediator may establish the times and dates for meetings and compel the parties to attend.
Sec. 5. NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which sections 2 and 3 of this act apply:
1. If by April 1 [,] the parties have not reached agreement, either party, at any time, up to May 1, may submit the dispute to an impartial factfinder for his findings and recommendations. These findings and recommendations are not binding on the parties except as provided in subsections 6 and 7.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association a list of seven potential factfinders. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of factfinding. However, each party shall pay its own costs of factfinding incurred in the preparation and presentation of its case in factfinding.
4. The factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing. Such report shall be made no later than June 5, except as modified by the provisions of subsection 5.
5. In a regular legislative year, the factfinding hearing shall be stayed:
(a) In cases involving school districts, up to 15 days after the adjournment of the legislature sine die if the governor has exercised his authority pursuant to subsection 7.
(b) Up to 10 days after the adjournment of the legislature sine die in all other cases.
κ1977 Statutes of Nevada, Page 918 (CHAPTER 462, SB 440)κ
6. The parties to the dispute may agree, [prior to] before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
7. If the parties do not mutually agree to make the findings and recommendations of the factfinder final and binding, the governor shall have the emergency power and authority, at the request of either party and prior to the submission of the dispute to factfinding, to order prior to May 1, that the findings and recommendations on all or any specified issues of a factfinder in a particular dispute will be final and binding. In a regular legislative year, in cases involving school districts, the governor may exercise his authority under this subsection within 10 days after the adjournment of the legislature sine die. The exercise of this authority by the governor shall be made on a case by case consideration and shall be made on the basis of his evaluation regarding the overall best interests of the state and all its citizens, the potential fiscal impact both within and outside the political subdivision, as well as any danger to the safety of the people of the state or a political subdivision.
8. Except as provided in subsection 9, any factfinder, whether acting in a recommendatory or binding capacity, shall base his recommendations or award on the following criteria:
(a) A preliminary determination shall be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
(b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute.
The factfinders report shall contain the facts upon which he based his recommendations or award.
9. Any reasonable and adequate sum of money necessary to insure against the risk undertaken which is maintained in a self-insurance reserve or fund shall not be counted in determining the financial ability of a local government employer and shall not be used to pay any monetary benefits recommended or awarded by the factfinder.
Sec. 6. The provisions of sections 2 and 3 of this act expire by limitation on July 1, 1981, but any collective bargaining for the fiscal year beginning July 1, 1981, begun before that date shall be completed pursuant to those sections.
________
κ1977 Statutes of Nevada, Page 919κ
Assembly Bill No. 464Assemblymen Schofield, Vergiels, Jeffrey, Wagner, Horn, Gomes, Dreyer, Goodman, Hickey, Banner, Sena, Robinson, Brookman, Hayes, Kissam, Ross and Kosinski
CHAPTER 463
AN ACT relating to registration of motor vehicles; requiring evidence of emission control compliance; requiring certain motor vehicles to be inspected; providing penalties; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The department of motor vehicles shall adopt regulations which:
(a) Prescribe requirements for licensing authorized stations and fleet stations;
(b) Prescribe the manner in which the stations inspect motor vehicles and issue evidence of compliance;
(c) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445.610 to 445.670, inclusive; and
(d) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet shall contain information explaining the reasons for and the methods of the inspections.
2. The department shall issue a copy of the regulations to each authorized station and to each fleet station.
Sec. 3. 1. The department of motor vehicles shall establish procedures for inspecting the authorized stations and the fleet stations and may require a station to submit any material or document which is used by the station in its inspection program.
2. The department may suspend or revoke the license of a station if:
(a) The station is not complying with the provisions of NRS 445.610 to 445.670, inclusive; or
(b) The owner of the station refuses to furnish the department with the requested material or document.
Sec. 4. It is unlawful for any person to:
1. Possess any unauthorized evidence of compliance;
2. Make, issue or use any imitation or counterfeit evidence of compliance;
3. Willfully and knowingly fail to comply with the provisions of NRS 445.610 to 445.670, inclusive, or any regulation adopted by the department of motor vehicles; or
4. Issue evidence of compliance if he is not a licensed inspector of an authorized station or a fleet station.
Sec. 5. 1. The commission, in cooperation with the department of motor vehicles, shall adopt regulations which establish procedures for collecting, interpreting and correlating information concerning programs to control emissions from motor vehicles and any benefits which result from an inspection program.
κ1977 Statutes of Nevada, Page 920 (CHAPTER 463, AB 464)κ
2. All information received by the commission or the department is open to public inspection.
Sec. 6. NRS 445.610 is hereby amended to read as follows:
445.610 As used in NRS 445.610 to 445.710, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Authorized station means a station licensed by the department of motor vehicles for inspecting motor vehicles and pollution control devices for compliance with this chapter or any applicable federal or commission regulation and for installing, repairing and adjusting pollution control devices and motor vehicles to meet the commissions requirements.
2. Commission means the state environmental commission.
3. Evidence of compliance includes a certificate issued when a motor vehicle has been inspected and:
(a) Has the required equipment; or
(b) Does not meet the emission control requirements after the repairs have been made and the commission waives compliance.
4. Fleet station means a facility which is licensed by the department to conduct inspections of the motor vehicles of qualified owners or lessees.
5. Motor vehicle means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.
Sec. 7. NRS 445.630 is hereby amended to read as follows:
445.630 1. [If] In any county having a population of 100,000 or more, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency, adopt regulations for the control of motor vehicle emissions.
2. In counties having a population of less than 100,000, if the commission determines that it is feasible and practicable to implement a program of inspecting and testing motor vehicles and motor vehicle emission control systems, and if the implementation of such program is deemed necessary to achieve or maintain prescribed ambient air quality standards in areas of the state designated by the commission, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency established under NRS 445.546, which has jurisdiction in a designated area, adopt [such rules,] regulations and transportation controls as may be necessary to implement such a program.
[2. Such rules and] 3. The regulations shall distinguish between light-duty and heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for the approval, installation and use of motor vehicle pollution control devices; and
(b) Requirements for the proper maintenance of motor vehicle pollution control devices and motor vehicles.
[3. Such rules and] 4. The regulations shall establish:
(a) Requirements by which the department of motor vehicles shall license authorized stations to inspect, repair, adjust and install motor vehicle pollution control devices, including criteria by which any person may become qualified to inspect, repair, adjust and install such devices.
(b) Requirements by which the department of motor vehicles may license an owner or lessee of a fleet of three or more vehicles as [an authorized] a fleet station provided that such owner or lessee complies with the regulations of the commission.
κ1977 Statutes of Nevada, Page 921 (CHAPTER 463, AB 464)κ
authorized] a fleet station provided that such owner or lessee complies with the regulations of the commission. [Such fleet owners] The fleet station shall only certify vehicles which constitute [such] that fleet.
(c) Requirements by which the department provides for inspections of motor vehicles owned by this state and any of its political subdivisions.
[4.] 5. The commission shall consider, [prior to promulgating any rule or] before adopting any regulation or establishing any criteria pursuant to [subsection 2 of this section, the following:] paragraph (a) of subsection 3:
(a) The availability of devices adaptable to specific makes, models and years of motor vehicles.
(b) The effectiveness of such devices for reducing the emission of each type of air pollutant under conditions in this state.
(c) The capability of such devices for reducing any particular type or types of pollutants without significantly increasing the emission of any other type or types of pollutant.
(d) The capacity of any manufacturer to produce and distribute the particular device in such quantities and at such times as will meet the estimated needs in Nevada.
(e) The reasonableness of the retail cost of the device and the cost of its installation and maintenance over the life of the device and the motor vehicle.
(f) The ease of determining whether any such installed device is functioning properly.
6. Population is determined by using the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 8. NRS 445.635 is hereby amended to read as follows:
445.635 The authority set forth in NRS 445.630 providing for [the implementation in any county of] a compulsory motor vehicle emission inspection program is limited [to used motor vehicles being registered to a new owner as provided for in NRS 445.640.] as follows:
1. In areas where a program was put into effect before January 1, 1977:
(a) On or after July 1, 1977, and before July 1, 1979, only used motor vehicles being registered to a new owner or being registered for the first time are required to have evidence of compliance;
(b) On or after July 1, 1979, all used motor vehicles being registered or reregistered are required to have evidence of compliance.
2. In other areas where the commission puts a program into effect:
(a) On or after February 1, 1978, all used motor vehicles being registered to a new owner are required to have evidence of compliance.
(b) On or after September 1, 1978, only used motor vehicles being registered to a new owner or being registered for the first time in this state are required to have evidence of compliance.
(c) On or after July 1, 1979, all used motor vehicles being registered are required to have evidence of compliance.
Sec. 9. NRS 445.640 is hereby amended to read as follows:
445.640 1. Subject to any applicable limitation of [NRS 445.650 or] NRS 445.610 to 445.670, inclusive, and sections 2 to 5, inclusive, of this act and any regulation [promulgated] adopted pursuant thereto, no used motor vehicle as defined in NRS 482.132 may be registered [by a new owner] in certain areas of this state as designated by the commission unless the application for registration is accompanied by [a certificate] evidence of emission control compliance issued by any authorized station or fleet station certifying that the vehicle is equipped with motor vehicle pollution control devices required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive.
κ1977 Statutes of Nevada, Page 922 (CHAPTER 463, AB 464)κ
used motor vehicle as defined in NRS 482.132 may be registered [by a new owner] in certain areas of this state as designated by the commission unless the application for registration is accompanied by [a certificate] evidence of emission control compliance issued by any authorized station or fleet station certifying that the vehicle is equipped with motor vehicle pollution control devices required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive.
2. If the seller of a used vehicle is required, pursuant to the provisions of NRS 482.424, to complete a dealers report of sale, such seller shall also provide the buyer with any [certificate] evidence of emission control compliance required pursuant to subsection 1.
3. The requirements of this section apply only in counties where a program of inspecting and testing motor vehicles and motor vehicle emission control systems has been implemented pursuant to NRS 445.630.
Sec. 10. NRS 445.650 is hereby amended to read as follows:
445.650 The provisions of NRS 445.640 do not apply to:
1. Transfer of registration or ownership between:
(a) Husband and wife; or
(b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of such vehicle; or
2. Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this state.
3. Transfer of registration if evidence of compliance was issued within 90 days before the transfer.
Sec. 11. NRS 445.660 is hereby amended to read as follows:
445.660 In furtherance of the provisions of NRS 445.610 to 445.710, inclusive, and sections 2 to 5, inclusive, of this act, and the enforcement thereof, the department of human resources shall consult with the department of motor vehicles and furnish them with technical information, including testing techniques, procedures for quality assurance and standards [promulgated] adopted by the commission and instruction for emission control features and equipment.
Sec. 12. NRS 445.670 is hereby amended to read as follows:
445.670 [Registration] 1. Except as provided in subsection 2, registration branch offices of the department of motor vehicles and county tax assessor offices, acting as department agents in the collection of registration fees, shall not register a vehicle which is based in [a county required by regulation to comply with NRS 445.610 to 445.710, inclusive,] areas of this state designated by the commission until evidence of compliance with NRS 445.610 to 445.710, inclusive, and sections 2 to 5, inclusive, of this act, has been provided.
2. An owner or lessee of a fleet of 3 or more vehicles may, upon application to the department of motor vehicles, submit evidence of compliance for his motor vehicles in a manner determined by the department.
Sec. 13. NRS 445.680 is hereby amended to read as follows:
445.680 [1.] Any person may install a motor vehicle pollution control device, but no person who is not employed by an authorized station [shall] or fleet station may install a device for compensation. No such device shall be deemed to meet the requirements of NRS 445.630 to 445.670, inclusive, or sections 2 to 5, inclusive, of this act, or [rules or] regulations of the commission or department unless it has been inspected in an authorized station or a fleet station and [a certificate] evidence of compliance has been issued by [such authorized] that station.
κ1977 Statutes of Nevada, Page 923 (CHAPTER 463, AB 464)κ
device shall be deemed to meet the requirements of NRS 445.630 to 445.670, inclusive, or sections 2 to 5, inclusive, of this act, or [rules or] regulations of the commission or department unless it has been inspected in an authorized station or a fleet station and [a certificate] evidence of compliance has been issued by [such authorized] that station.
[2. It is unlawful for any person, other than an inspector or installer in an authorized station, to sign or issue a certificate of compliance required by this act.]
Sec. 14. NRS 445.690 is hereby amended to read as follows:
445.690 1. The commission may provide for exemption from the provisions of NRS 445.630 to 445.670, inclusive, of designated classes of motor vehicles, including classes based upon the year of manufacture of motor vehicles.
2. The commission shall provide for a waiver from the provisions of NRS 445.630 to 445.670, inclusive, if compliance involves repair and equipment costs which exceed the limits established by the commission. The commission shall establish the limits in a manner which avoids unnecessary financial hardship to motor vehicle owners.
Sec. 15. NRS 445.700 is hereby amended to read as follows:
445.700 1. In areas of the state where and at such times as a program of implementation is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees shall be paid to the department of motor vehicles and deposited in the state treasury:
(a) For the issuance and annual renewal of license for an authorized station or a fleet station....................................................................................................... $25;
(b) For each set of 25 forms certifying emission control compliance.......... 50
(c) For each form issued to a fleet station..................................................... 2.
2. All fees [collected and deposited in the state treasury pursuant to subsection 1 of this section] shall be deposited with the state treasurer and shall be held in trust as a credit to the department of motor vehicles to be withdrawn by that department as needed to [implement] carry out the provisions of NRS 445.610 to 445.710, inclusive.
3. The department of motor vehicles may prescribe by regulation routine inspection fees at the prevailing shop labor rate, including maximum charges for such fees, and for the posting of such fees in a conspicuous place at the authorized station.
Sec. 16. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal registration, shall be made as provided in this section.
2. Applications for all registrations, except renewal registrations, shall be made in person, if practicable, to any office or agent of the department.
3. Each application shall be made upon the appropriate form furnished by the department and shall contain:
(a) The signature of the owner.
(b) His residence address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
κ1977 Statutes of Nevada, Page 924 (CHAPTER 463, AB 464)κ
shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.
(e) A signed declaration by the applicant that he has and will maintain security as required by chapter 698 of NRS covering the motor vehicle to be registered.
(f) If required, evidence of emission control compliance.
4. The application shall contain such other information as may be required by the department, and shall be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the declaration required by paragraph (e) of subsection 3, vehicles which are subject to the license fee and registration requirements of the Interstate Highway User Fee Apportionment Act (NRS 706.801 to 706.861, inclusive), and which are based in this state, may be declared as a fleet by the registered owners thereof, on the original or renewal applications for proportional registration.
Sec. 17. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle referred to in subsection 1 of NRS 482.206 shall expire at midnight on the last day of the last month of the registration period. The registration of every vehicle referred to in subsection 2 of NRS 482.206 shall expire at midnight on December 31. The department shall mail to each holder of a valid registration certificate an application form for renewal registration for the following registration period. Such forms shall be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor under the provisions of this section shall include: [a]
(a) A signed declaration by the applicant that he has and will maintain security as required by chapter 698 of NRS covering the motor vehicle to be registered.
(b) If required, evidence of emission control compliance.
3. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration previous to the expiration of the current registration but who has not received the number plate or plates or registration card for the ensuing registration period is entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding registration period for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.
κ1977 Statutes of Nevada, Page 925 (CHAPTER 463, AB 464)κ
as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.
5. The registration fees for a motortruck and truck tractor, and for any trailer or semitrailer having an unladened weight of 3,501 pounds or more shall be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year, the fee so obtained, rounded to the nearest one-half dollar, but in no event to be less than $5.50.
Sec. 18. 1. The environmental commission with the assistance and cooperation of the department of motor vehicles, the department of human resources and qualified consultants shall conduct a comprehensive examination and evaluation of programs for the control of motor vehicle emissions and the maintenance of equipment for that purpose. The evaluation of the programs shall include, but not be limited to acceptance by and protection of consumers, analyses which relate costs to improvement of the quality of the ambient air and to the effectiveness of the program as a whole. The study shall also include an evaluation of the effectiveness as a whole of programs in operation in at least four other states and the program in Nevada provided by this act.
2. Upon completion of the comprehensive examination and evaluation of programs for the control of motor vehicle emissions and the inspection of motor vehicles, the environmental commission shall, on or before January 20, 1979, submit a report to the 60th session of the legislature which includes a feasible program for the control of motor vehicle emissions, the maintenance of equipment for that purpose and the inspection of motor vehicles, for the state.
3. The department of motor vehicles shall pay for the examination and evaluation of this program at a cost of not more than $10,000 from revenues produced by the program for control of motor vehicle emissions and inspection of motor vehicles required by this act.
________
Senate Bill No. 521Committee on Finance
CHAPTER 464
AN ACT making an appropriation from the state general fund to the legislative fund; and providing other matters properly relating thereto.
[Approved May 12, 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 legislative fund the sum of $300,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 926κ
Senate Bill No. 418Senator Foote
CHAPTER 465
AN ACT relating to public employees retirement; providing a temporary post-retirement increase; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. In addition to the other post-retirement allowances and increases provided by law, the public employees retirement system shall provide a monthly post-retirement increase during the period beginning on July 1, 1977, and ending on June 30, 1979, as follows:
Base Benefit Monthly Increase
$0 — $100 $20
101 — 200 15
201 — 300 5
300 — 1600 3
This benefit shall be paid only to a person who began receiving benefits before January 1, 1977, or to his designated beneficiary upon his death.
2. A single post-retirement increase pursuant to this section shall be provided and prorated between or among two or more recipients of survivor benefits on behalf of one deceased member.
Sec. 2. 1. The public employees retirement system shall establish and maintain separate accounting records and statistics regarding the expenditure of funds appropriated by this act, which shall be reported to the 60th session of the legislature.
2. The interim retirement committee of the legislature, if created pursuant to Senate Bill No. 173 of the 59th session, shall study all issues concerning post-retirement increases and submit recommendations to the 60th session of the legislature regarding the post-retirement benefit program and appropriate means for its payment.
________
Senate Bill No. 54Senators Blakemore, Sheerin and Raggio
CHAPTER 466
AN ACT relating to juries; authorizing the payment of lodging allowances to jurors under certain circumstances; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.150 is hereby amended to read as follows:
6.150 1. Each person summoned to attend as a grand juror or a trial juror in the district court or justices court, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving, shall receive $9 per day for each day he may be in attendance in response to the venire or summons, which shall include Sundays and holidays.
κ1977 Statutes of Nevada, Page 927 (CHAPTER 466, SB 54)κ
the day he is summoned to attend he is excused by the court at his own request from serving, shall receive $9 per day for each day he may be in attendance in response to the venire or summons, which shall include Sundays and holidays.
2. Each grand juror and trial juror in the district court or justices court actually sworn and serving shall receive $15 per day each as full compensation for each day of service.
3. Each person summoned to attend as a grand juror or a trial juror in the district court or justices court and each grand juror and trial juror in the district court or justices court shall receive 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route. Where the mileage does not exceed 1 mile, no allowance [shall] may be made therefor. If the home of a person summoned or serving as such a juror is 60 miles or more from the place of trial and the selection, inquiry or trial last more than 1 day, he is entitled to receive an allowance of $15.50 for lodging, in addition to his daily compensation for attendance or service, for each day on which he does not return to his home.
4. In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury. In case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.
5. The fees paid [jurors by the county clerks for] by a county clerk to jurors for their services in a civil action or proceeding (which he has received from the party demanding the jury) shall be deducted from the total amount due them for attendance as such jurors, and any balance [shall be] is a charge against the county.
________
Senate Bill No. 475Committee on Commerce and Labor
CHAPTER 467
AN ACT relating to real estate brokers and salesmen; classifying real estate brokers as employers, and broker-salesmen and salesmen as employees, for the purposes of industrial insurance and occupational disease coverage; and providing other matters properly relating thereto.
[Approved May 12, 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 a new section which shall read as follows:
Any real estate licensee doing business in this state and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $900 per month.
κ1977 Statutes of Nevada, Page 928 (CHAPTER 467, SB 475)κ
Sec. 2. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any real estate licensee doing business in this state and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $900 per month.
Sec. 3. NRS 645.030 is hereby amended to read as follows:
645.030 1. Within the meaning of this chapter, a real estate broker is any person, copartnership, association or corporation:
(a) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any real estate or the improvements thereon or any modular homes or other housing, including used mobile homes, offered or conveyed with any interest in real estate; or
(b) Who engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.
2. Any person, copartnership, association or corporation who, for another and for a compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands shall be deemed to be a real estate broker within the meaning of this chapter.
3. A real estate broker is an employer for the purpose of providing coverage for industrial insurance and occupational diseases, and shall submit proof of coverage under chapter 616 and 617 of NRS for himself and any broker-salesman or salesman associated with him who has not agreed to pay premiums directly, in order to obtain or renew a license.
4. A broker who is a natural person shall be deemed an employee for the purposes of industrial insurance and occupational disease coverage.
5. A broker may agree with any broker-salesman or salesman with whom the broker is associated for the direct payment of premiums by the broker-salesman or salesman for coverage under the provisions of chapters 616 and 617 of NRS.
Sec. 4. NRS 645.035 is hereby amended to read as follows:
645.035 1. Within the meaning of this chapter, a real estate broker-salesman is any person who holds a real estate brokers license, or who has passed the real estate brokers examination pursuant to the provisions of NRS 645.475, but who, as an employee or as an independent contractor, for compensation or otherwise, is associated with a licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
2. [A real estate broker-salesman who provides coverage for himself under chapters 616 and 617 of NRS is presumed to be an independent contractor.]
κ1977 Statutes of Nevada, Page 929 (CHAPTER 467, SB 475)κ
contractor.] A real estate broker-salesman is an employee for the purposes of industrial insurance and occupational disease coverage, and shall submit proof of coverage under chapters 616 and 617 of NRS in order to obtain or renew a license.
3. In this chapter wherever the term real estate salesman appears the same shall, when applicable, mean real estate broker-salesman.
Sec. 5. NRS 645.040 is hereby amended to read as follows:
645.040 1. Within the meaning of this chapter, a real estate salesman is any person who, as an employee or as an independent contractor, is associated with a licensed real estate broker or registered owner-developer to do or to deal in any act, acts or transactions set out or comprehended by the definition of a real estate broker in NRS 645.030, for a compensation or otherwise.
2. [A real estate salesman who provides coverage for himself under chapters 616 and 617 of NRS is presumed to be an independent contractor.] A real estate salesman is an employee for the purposes of industrial insurance and occupational disease coverage, and shall submit proof of coverage under chapters 616 and 617 of NRS in order to obtain or renew a license.
________
Senate Bill No. 410Committee on Government Affairs
CHAPTER 468
AN ACT relating to local government; providing in certain counties for selection of the chairman and vice chairman of certain boards from among the county commissioners; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners shall be, and in counties with a population of less than 200,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
2. The board of county commissioners of any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
κ1977 Statutes of Nevada, Page 930 (CHAPTER 468, SB 410)κ
power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
(a) Is authorized, in addition to [such] its basic powers, to exercise any one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.
3. A board of county commissioners may exercise the options provided in subsections 1 and 2 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within [such] the 30-day period the county clerk shall cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
4. When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners [shall] may be chairman of the board of trustees and president of the district [.
(d)] , or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of trustees and president of the district for a term of 1 year.
(d) The vice chairman of the board of county commissioners may be vice chairman of the board of trustees and vice president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice chairman of the board of trustees and vice president of the district for a term of 1 year.
(e) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
κ1977 Statutes of Nevada, Page 931 (CHAPTER 468, SB 410)κ
[(e)] (f) No member of the board of county commissioners may be removed from the office of trustee under NRS 318.080, but any [such member shall be] member is automatically removed from [such] that office upon his removal from the office of county commissioner in the manner provided by law.
[(f)] (g) The regular place of meeting of the board need not be within the corporate limits of the district but shall be within the corporate limits of the county and shall be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
[(g)] (h) The times of regular meetings of the board shall be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
[(h)] (i) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
[(i)] (j) The office or principal place of the district need not be located within the corporate limits of the district and shall be the office of the county clerk unless the board otherwise provides by resolution.
Sec. 2. NRS 450.120 is hereby amended to read as follows:
450.120 Except as provided in subsection 3:
1. Within 10 days after their appointment or election, the trustees shall organize as a board of hospital trustees by the election of one of their number as chairman, one as secretary, and by the election of such other officers as they may deem necessary.
2. The county treasurer of the county in which the hospital is located shall be the treasurer of the board of hospital trustees. The treasurer shall receive and pay out all the moneys under the control of the board, as ordered by it, but shall receive no compensation from the board of hospital trustees.
3. In counties where the board of county commissioners is the board of hospital trustees, the chairman of the board of county commissioners [shall] may be chairman of the board of hospital trustees or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of hospital trustees for a term of 1 year. The vice chairman of the board of county commissioners may be vice chairman of the board of hospital trustees, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice chairman of the board of hospital trustees for a term of 1 year. [and the] The county clerk shall be the secretary of the board of hospital trustees. The county clerk shall receive no compensation from the board of hospital trustees.
Sec. 3. Section 5.1 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, and last amended by chapter 646, Statutes of Nevada 1971, at page 1514, is hereby amended to read as follows:
Section 5.1. Notwithstanding any other provisions of this act or any other law the board of directors of the district shall be composed of [seven members as follows:
1. Until the 1st Monday in January, 1973, the seven directors heretofore elected (or their appointed successors) pursuant to the provisions of this section prior to its amendment in 1971.
κ1977 Statutes of Nevada, Page 932 (CHAPTER 468, SB 410)κ
heretofore elected (or their appointed successors) pursuant to the provisions of this section prior to its amendment in 1971.
2. From the 1st Monday in January 1973, to the 1st Monday in January 1975, the four directors elected at the general election in 1970 (or their appointed successors) and three of the four county commissioners of Clark County elected at the general election in 1972. The four county commissioners of Clark County elected at the general election in 1972 shall decide by lot among themselves upon three of their number who shall serve as directors of the water district.
3. On and after the 1st Monday in January 1975, the board of directors shall consist of the seven] the county commissioners of Clark County.
Sec. 4. Section 8 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as last amended by chapter 646, Statutes of Nevada 1971, at page 1515, is hereby amended to read as follows:
Section 8. The officers of [such] the district shall consist of [seven] directors as specified in section 5.1, a president, [(until the 1st Monday in January 1975) and] a vice president, [elected from their number,] a secretary, and a treasurer. [On and after the 1st Monday in January 1975, the] The chairman of the board of county commissioners of Clark County [shall] may be president of the board of directors of the district [.] or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as president of the board of directors of the district for a term of 1 year. The vice chairman of the board of county commissioners may be vice president of the board of directors of the district or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice president of the board of directors of the district for a term of 1 year. The board may appoint an assistant secretary, who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that [such] the assistant secretary [shall not be invested with authority to] may not sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may not be members of [said] the board. [Such] These officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board may designate the county clerk of Clark County and the county treasurer of Clark County, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of [such] the offices. No additional bond may be required of the county treasurer of Clark County as ex officio district treasurer. The board may also appoint an engineer and manager and such other assistants as may be necessary. The board of directors shall designate some place within the county as the office of the board, and the board shall hold a regular monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes.
κ1977 Statutes of Nevada, Page 933 (CHAPTER 468, SB 410)κ
monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes. All meetings of the board shall be public, and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours.
________
Senate Bill No. 506Senator Bryan
CHAPTER 469
AN ACT relating to homesteads; extending exemption from execution to certain mobile homes; clarifying eligibility of single persons to select and declare homesteads; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 The homestead, consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding $25,000 [,] in value, to be selected by the husband and wife, or either of them, other head of a family, or other single person claiming the homestead, shall not be subject to forced sale on execution, or any final process from any court, except process to enforce the payment of the purchase money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of:
1. Any mortgage or deed of trust thereon executed and given; or
2. Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
by both husband and wife, when that relation exists.
Sec. 2. NRS 115.060 is hereby amended to read as follows:
115.060 1. The homestead and all other property exempt by law from sale under execution, shall, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his [or her] benefit and that of his [or her] legitimate child or children. In the event there [be] is no surviving spouse or legitimate child [or children] of either, then the property shall be subject to administration and to the payment of his [or her] debts and liabilities.
2. The [exemption made by this chapter shall not extend to unmarried persons, except when they have the care and maintenance of] provisions of subsection 1 also apply to a single person with respect to his minor brothers or sisters, or both, or of a brothers or sisters minor children, or of a father or mother, or of grandparents, or unmarried sisters who were living in [the house with them; and] his house and under his care and maintenance at the time of his death, but in all such cases the [exemption] right of enjoyment conferred by subsection 1 shall cease upon the cessation of the terms upon which it was granted.
κ1977 Statutes of Nevada, Page 934 (CHAPTER 469, SB 506)κ
were living in [the house with them; and] his house and under his care and maintenance at the time of his death, but in all such cases the [exemption] right of enjoyment conferred by subsection 1 shall cease upon the cessation of the terms upon which it was granted. [Upon the death of such unmarried person, the property shall descend to his or her heirs, as in other cases, unless disposed of by will, subject to administration and the payments of debts and liabilities.]
________
Senate Bill No. 496Committee on Government Affairs
CHAPTER 470
AN ACT to amend an act entitled An Act authorizing the sale of certain real property; making an appropriation to defray the cost of selling the property; and providing other matters properly relating thereto, approved April 16, 1969; to amend an act entitled An Act directing the state land register to lease certain state land to the City of Sparks; and providing other matters properly relating thereto, approved March 30, 1973; and making an appropriation.
[Approved May 12, 1977]
Whereas, The State of Nevada is the owner of certain land, consisting of approximately 2.577 acres, situated between Interstate Highway 80 and B Street, near Kietzke Lane, within the boundary of the City of Sparks; and
Whereas, On April 16, 1969, a sale of the land at its appraised value was authorized and directed by the legislature under chapter 394, Statutes of Nevada 1969, but the state was unable to sell the land under the conditions specified; and
Whereas, On March 30, 1973, a lease of the land to the City of Sparks, Nevada, was authorized and directed by the legislature under chapter 180, Statutes of Nevada 1973, for development and use of that land for a public purpose; and
Whereas, The City of Sparks leased that land to private interests for public use; and
Whereas, The State of Nevada derives no revenue from the City of Sparks for the lease of that land and it would be most to the benefit of the public to sell the land at its appraised value subject to the existing leases; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of chapter 394, Statutes of Nevada 1969, at page 665, is hereby amended to read as follows:
Section 1. [The] Notwithstanding the provisions of NRS 232.158, upon request of the City of Sparks, the state land [register] registrar is hereby authorized and directed to sell for cash, subject to any existing lease, at not less than the appraised value, which appraisal shall not take into consideration any existing lease, plus the costs of sale, the following described parcel of real property, including any improvements thereon, belonging to the State of Nevada, situated and lying in Washoe County, Nevada:
κ1977 Statutes of Nevada, Page 935 (CHAPTER 470, SB 496)κ
the costs of sale, the following described parcel of real property, including any improvements thereon, belonging to the State of Nevada, situated and lying in Washoe County, Nevada:
Beginning at the section corner common to sections 5, 6, 7 and 8, T. 19 N., R. 20 E., M.D.B. & M.; thence S. 0°41′08″ W., along the eastern boundary of the property owned by the State of Nevada a distance of 195.07 feet to a point in the northern right-of-way line for Nevada Interstate Route 80; thence N. 88°56′45″ W., along such right-of-way line a distance of 166.63 feet to a point; thence N. 80°24′30″ W., continuing along such right-of-way line a distance of 540.74 feet to an intersection with the western boundary of the property owned by the State of Nevada; thence N. 0°20′57″ E., along such western boundary a distance of 106.17 feet to the northwest corner of such property; thence S. 89°39′03″ E., along the northern boundary of such property a distance of 701.48 feet to the point of beginning, containing 2.577 acres, more or less.
Sec. 2. Section 2 of chapter 394, Statutes of Nevada 1969, at page 666, is hereby amended to read as follows:
Sec. 2. Before offering such property for sale, the state land [register] registrar shall have the property appraised by not less than two independent appraisers.
Sec. 3. Section 3 of chapter 394, Statutes of Nevada 1969, at page 666, is hereby amended to read as follows:
Sec. 3. After receipt of the reports of the two appraisers, the state land [register] registrar shall cause a notice of intention to sell the described property to be published once a week for [3] 4 consecutive weeks in a newspaper of general circulation published in Washoe County, Nevada.
Sec. 4. Section 4 of chapter 394, Statutes of Nevada 1969, at page 666, is hereby amended to read as follows:
Sec. 4. The sale of such property shall be made to the highest responsible bidder at public auction at not less than the average of the two appraisals plus the costs of the sale. The state land [register] registrar shall deposit the net proceeds received from the sale of such property [in] into the state general fund. [in the state treasury.]
Sec. 5. Section 1 of chapter 180, Statutes of Nevada 1973, at page 237, is hereby amended to read as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other provision of law, the state land [register,] registrar, on behalf of the State of Nevada, shall, on condition that the City of Sparks pay to the state the actual amount of expenses incurred pursuant to section 6 of chapter 394, Statutes of Nevada 1969, lease to the City of Sparks for a term of 99 years, without rent reserved but upon the condition specified in this section, that certain land owned by the State of Nevada and situated in the county of Washoe, State of Nevada, described as follows:
κ1977 Statutes of Nevada, Page 936 (CHAPTER 470, SB 496)κ
reserved but upon the condition specified in this section, that certain land owned by the State of Nevada and situated in the county of Washoe, State of Nevada, described as follows:
Beginning at the section corner common to sections 5, 6, 7 and 8, T. 19 N., R. 20 E., M.D.B. & M., thence South 0°41′08″ West, along the eastern boundary of the property owned by the State of Nevada a distance of 195.07 feet to a point in the northern right-of-way line for Nevada Interstate Route 80; thence North 88°56′45″ West, along such right-of-way line a distance of 166.63 feet to a point; thence North 80°24′30″ West, continuing along such right-of-way line a distance of 540.74 feet to an intersection with the western boundary of the property owned by the State of Nevada; thence North 0°20′57″ East, along such western boundary a distance of 106.17 feet to the northwest corner of such property; thence South 89°39′02″ East, along the northern boundary of such property a distance of 701.48 feet to the point of beginning, containing 2.577 acres, more or less.
[The lease executed pursuant to this section shall provide that if at any time during its term the land is used for any purpose other than a public purpose, the lease shall terminate and the land revert without further obligation to the possession of the State of Nevada.]
Sec. 6. There is hereby appropriated from the state general fund to the state land office the sum of $2,000 to be expended by the state land registrar to defray the costs of the sale of the property described in section 1 of chapter 394, Statutes of Nevada 1969, at page 665, and the remainder of which sum shall be returned to the general fund after the sale of the property pursuant to sections 1 to 5, inclusive, of chapter 394, Statutes of Nevada 1969, at pages 665 and 666.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 453Committee on Judiciary
CHAPTER 471
AN ACT relating to courts and judicial officers; providing for the censure, removal and retirement of justices of the peace and municipal court judges by the commission on judicial discipline; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commission on judicial discipline has exclusive jurisdiction over the censure, removal and involuntary retirement of justices of the peace and judges of municipal courts which is coextensive with its jurisdiction over justices of the supreme court and judges of the district courts and shall be exercised in the same manner and under the same rules.
κ1977 Statutes of Nevada, Page 937 (CHAPTER 471, SB 453)κ
peace and judges of municipal courts which is coextensive with its jurisdiction over justices of the supreme court and judges of the district courts and shall be exercised in the same manner and under the same rules.
2. The supreme court may appoint two justices of the peace or municipal court judges to sit on the commission for proceedings against a justice of the peace or municipal court judge, respectively. Justices or judges so appointed shall be designated by an order of the supreme court to sit for such proceedings in place of and to serve for the same terms as the regular members of the commission appointed by the supreme court.
Sec. 2. NRS 283.300 is hereby amended to read as follows:
283.300 An accusation in writing against any district, county, township or municipal officer, [including a justice of the peace,] except a justice or judge of the court system, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.
Sec. 3. NRS 283.440 is hereby amended to read as follows:
283.440 1. Any person now holding or who shall hereafter hold any office in this state, [including without limitation a justice of the peace,] except a justice or judge of the court system, who [shall refuse or neglect] refuses or neglects to perform any official act in the manner and form prescribed by law, or who [shall be] is guilty of any malpractice or malfeasance in office, may be removed therefrom as hereinafter prescribed in this section.
2. Whenever a complaint in writing, duly verified by the oath of any complainant, [shall be] is presented to the district court alleging that any officer within the jurisdiction of the court:
(a) Has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in his office; or
(b) Has refused or neglected to perform the official duties pertaining to his office as prescribed by law; or
(c) Has been guilty of any malpractice or malfeasance in office,
the court shall cite the party charged to appear before it on a certain day, not more than 10 days or less than 5 days from the day when the complaint was presented. On that day, or some subsequent day not more than 20 days from that on which the complaint was presented, the court, in a summary manner, shall proceed to hear the complaint and evidence offered by the party complained of. If, on the hearing, it [shall appear] appears that the charge or charges of the complaint are sustained, the court shall enter a decree that the party complained of shall be deprived of his office.
3. The clerk of the court in which the proceedings are had, shall, within 3 days thereafter, transmit to the governor or the board of county commissioners of the proper county, as the case may be, a copy of any decree or judgment declaring any officer deprived of any office under this section. The governor or the board of county commissioners, as the case may be, shall appoint some person to fill the office until a successor shall be elected or appointed and qualified. The person so appointed shall give such bond as security as is prescribed by law and pertaining to the office.
κ1977 Statutes of Nevada, Page 938 (CHAPTER 471, SB 453)κ
4. If the judgment of the district court [shall be] is against the officer complained of and an appeal is taken from the judgment so rendered, the officer so appealing shall not hold the office during the pendency of the appeal, but the office shall be filled as in case of a vacancy.
________
Senate Bill No. 439Committee on Commerce and Labor
CHAPTER 472
AN ACT relating to medicinal substances; authorizing registered nurses to dispense controlled substances and dangerous drugs under certain circumstances; requiring records of refilled prescriptions to indicate the number of dosage units; mandating separate registration for each place of business of laboratories, manufacturers and wholesalers; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.056 is hereby amended to read as follows:
453.056 A controlled substance or drug is dispensed if it is delivered to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, or is furnished to an ultimate user personally by a physician, physicians assistant if authorized by the board, dentist, [or] podiatrist or registered nurse, when the nurse is engaged in the performance of any public health program approved by the board, in any amount greater than that which is necessary for the present and immediate needs of the user. Dispensing includes the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
Sec. 2. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a physician, dentist, podiatrist or veterinarian is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by: [a]
(a) A physician, physicians assistant if authorized by the board, dentist, podiatrist or veterinarian to his own patients as provided in NRS 454.301; [or by a]
(b) A registered nurse while participating in a public health program approved by the board; or
(c) A manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, podiatrist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
Sec. 3. NRS 454.271 is hereby amended to read as follows:
454.271 A record of each refill of any prescription for a dangerous drug or any authorization to refill such a prescription shall be kept on the back of the original prescription, or on a separate card or paper securely attached thereto, showing the date of each refill or authorization and the number of dosage units, and shall be signed or initialed by the pharmacist who refilled the prescription or obtained the authorization to refill.
κ1977 Statutes of Nevada, Page 939 (CHAPTER 472, SB 439)κ
back of the original prescription, or on a separate card or paper securely attached thereto, showing the date of each refill or authorization and the number of dosage units, and shall be signed or initialed by the pharmacist who refilled the prescription or obtained the authorization to refill.
Sec. 4. NRS 454.281 is hereby amended to read as follows:
454.281 1. Every laboratory, manufacturer and wholesaler doing business in the State of Nevada shall be registered with the board.
2. Each laboratory shall keep purchase records.
3. Each manufacturer shall keep purchase and use records and sales records.
4. Each wholesaler shall keep purchase and sales records.
5. A separate registration is required at each place of business of each laboratory, manufacturer or wholesaler.
Sec. 5. Chapter 639 of NRS is hereby amended by adding thereto a new section whch shall read as follows:
The board may adopt such regulations as may be necessary to assure that proper and adequate safeguards, including dispensing procedures, are followed to protect registered nurses who participate in public health programs approved by the board.
Sec. 6. NRS 639.019 is hereby repealed.
Sec. 7. Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Senate Bill No. 139Committee on Commerce and Labor
CHAPTER 473
AN ACT relating to health care; regulating the practice of osteopathic medicine; renaming the state board of osteopathy as the Nevada state board of osteopathic medicine; increasing the number of members of the board; providing for licensing and disciplinary actions; providing penalties; amending various chapters and sections of NRS to delete redundant terms and clarify the meaning of certain other terms; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 75, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 15, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Board means the state board of osteopathic medicine.
Sec. 4. (Deleted by amendment.)
Sec. 5. Employing osteopathic physician means an osteopathic physician licensed in this state who employs and supervises an osteopathic physicians assistant with board approval.
Sec. 6. Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Performing surgery upon or otherwise ministering to a patient while the osteopathic physician is under the influence of alcohol or any controlled substance as defined in chapter 453 of NRS;
κ1977 Statutes of Nevada, Page 940 (CHAPTER 473, SB 139)κ
while the osteopathic physician is under the influence of alcohol or any controlled substance as defined in chapter 453 of NRS;
2. Gross negligence;
3. Willful disregard of established medical procedures; or
4. Willful and consistent use of medical procedures, services or treatment considered by osteopathic physicians in the community to be inappropriate or unnecessary in the cases where used.
Sec. 7. Healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
Sec. 8. Hospital internship means a 1-year internship in a general hospital conforming to the minimum standards for intern training established by the American Osteopathic Association.
Sec. 9. Malpractice means failure on the part of an osteopathic physician to exercise the degree of care, diligence and skill ordinarily exercised by osteopathic physicians in good standing in the community in which he practices.
Sec. 10. Osteopathic medicine or osteopathy means the school of medicine which:
1. Utilizes full methods of diagnosis and treatment in physical and mental health and disease, including the prescribing and administering of drugs and biologicals of all kinds, operative surgery, obstetrics, radiological and other electromagnetic emission; and
2. Places emphasis on the interrelationship of the musculoskeletal system to all other body systems.
Sec. 11. Osteopathic physician means a person who:
1. Is a graduate of an academic program approved by the board or is qualified to perform medical services by reason of general education, practical training and experience determined by the board to be satisfactory; and
2. Has received from the board a license to practice osteopathic medicine.
Sec. 12. Osteopathic physicians assistant means a person who is approved by the board to perform medical services under the supervision of an employing osteopathic physician.
Sec. 13. Professional incompetence means lack of ability safely and skillfully to practice osteopathic medicine, or to practice one or more of its specified branches, arising from:
1. Lack of knowledge or training;
2. Impaired physical or mental capability of the osteopathic physician;
3. Indulgence in the use of alcohol or any controlled substance; or
4. Any other sole or contributing cause.
Sec. 14. School of osteopathic medicine means a legally chartered osteopathic school or college which:
1. Is accredited by the Bureau of Professional Education of the American Osteopathic Association; and
κ1977 Statutes of Nevada, Page 941 (CHAPTER 473, SB 139)κ
2. Requires as a prerequisite to graduation with the degree of doctor of osteopathy or doctor of osteopathic medicine actual attendance at the school and successful completion of its curriculum.
Sec. 15. 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 osteopathic medicine.
(b) Failure of a licensee to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician or doctor of osteopathy, or by a similar term.
(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 an osteopathic 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 osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.
(e) Advertising the practice of osteopathic 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 state board of osteopathic medicine.
(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 osteopathic 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
(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.
κ1977 Statutes of Nevada, Page 942 (CHAPTER 473, SB 139)κ
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. 16. As used in this chapter, the masculine gender includes the feminine gender, and the singular number includes the plural number.
Sec. 17. The purpose of licensing osteopathic physicians and osteopathic physicians assistants is to protect the public health and safety and the general welfare of the people of this state. Any license issued pursuant to this chapter is a revocable privilege and a holder of such a license does not acquire thereby any vested right.
Sec. 18. 1. Osteopathic physicians have the same rights as physicians of other schools of medicine in all respects, including but not limited to the treatment of patients and the holding of offices in public institutions.
2. All state and local government regulations relative to the reporting of births and deaths in any matter pertaining to the public health apply to osteopathic physicians with the same effect as to physicians of other schools of medicine. Such reports by osteopathic physicians shall be accepted by the officers of the agency to which they are made.
Sec. 19. 1. This chapter does not apply to:
(a) The practice of medicine under chapter 630 of NRS, dentistry, chiropractic, podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine or hearing aid fitting.
(b) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Osteopathic physicians who are called into this state, other than on a regular basis, for consultation or assistance to a physician licensed in this state, and who are legally qualified to practice in the state where they reside.
2. This chapter does not repeal or affect any law of this state regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 20. The state board of osteopathic medicine consists of five members appointed by the governor.
Sec. 21. 1. Four members of the board shall:
(a) Be licensed under this chapter;
(b) Be actually engaged in the practice of osteopathic medicine in this state; and
(c) Have been so engaged in this state for a period of more than 5 years preceding their appointment.
2. The remaining member shall be a resident of the State of Nevada:
(a) Not licensed in any state to practice any healing art; and
(b) Not actively engaged in the administration of any health and care facility.
3. As used in this section health and care facility has the meaning attributed to it in NRS 449.007.
κ1977 Statutes of Nevada, Page 943 (CHAPTER 473, SB 139)κ
Sec. 22. 1. The first appointments to the board shall be for terms beginning July 1, 1977, as follows:
(a) Two members for 4 years.
(b) One member for 3 years.
(c) One member for 2 years.
(d) One member for 1 year.
Thereafter, all members shall be appointed for terms of 4 years, except when appointed to fill unexpired terms.
2. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and qualifies.
3. If a vacancy occurs on the board, a member is absent from the state for a period of 6 months or more without the boards permission, or a member fails to attend meetings of the board or to the business of the board, as determined necessary in its discretion, the board shall notify the governor, and the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.
Sec. 23. Before entering upon the duties of his office, each member of the board shall take:
1. The constitutional oath of office; and
2. An oath that he is legally qualified to serve on the board.
Sec. 24. 1. The board shall elect from its members a president, a vice president and a secretary-treasurer, who shall hold their respective offices at its pleasure.
2. The board may fix and pay a salary to the secretary-treasurer.
Sec. 25. 1. The board shall meet at least twice annually and may meet at other times on the call of the president or a majority of its members.
2. A majority of the board constitutes a quorum to transact all business.
Sec. 26. Each member of the board is entitled to receive:
1. A salary of not more than $40 per day, as fixed by the board, while engaged in its business.
2. Actual and necessary expenses for subsistence and lodging, not to exceed $25 per day, and for transportation, while traveling on the business of the board.
Sec. 27. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 28. 1. All reasonable expenses incurred by the board in carrying out the provisions of this chapter shall be paid from the fees which it receives, and no part of the salaries or expenses of the board may be paid out of the general fund of the state treasury.
2. All money received by the board shall be deposited in banks or savings and loan associations in this state and shall be paid out on its order for its expenses.
Sec. 29. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
κ1977 Statutes of Nevada, Page 944 (CHAPTER 473, SB 139)κ
Sec. 30. 1. For the purposes of this chapter:
(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.
Sec. 30.5. 1. If a member of the board disqualifies himself or is disqualified by law 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. 31. The board shall adopt and enforce regulations necessary to enable it to carry out its duties under this chapter, including but not limited to regulations which establish the principles of medical ethics to be used as the basis for determining whether conduct which does not constitute malpractice is unethical.
Sec. 32. The board shall keep a record of its proceedings relating to licensing and disciplinary actions. The record shall be open to public inspection at all reasonable times and shall also contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician licensed under this chapter.
κ1977 Statutes of Nevada, Page 945 (CHAPTER 473, SB 139)κ
Sec. 33. An applicant for a license to practice osteopathic medicine shall be issued a license by the board if he:
1. Is 21 years of age or older;
2. Is a citizen of the United States or has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, has filed a declaration of intention to become a citizen;
3. Is a graduate of a school of osteopathic medicine;
4. Has completed a hospital internship;
5. Applies for the license as provided by law;
6. Passes the examination prescribed by the board; and
7. Pays the fees provided for in this chapter.
Sec. 34. 1. Every applicant for a license shall:
(a) File an application with the board in the manner prescribed by regulations of the board;
(b) Submit verified proof satisfactory to the board that he meets the age, citizenship and educational requirements prescribed by this chapter; and
(c) Pay in advance to the board the initial license fee specified in this chapter.
2. The board may hold hearings and conduct investigations into any matter related to the application and in addition to the proofs required by subsection 1 may take such further evidence and require such other documents or proof of qualifications as it deems proper.
3. The board may reject an application if it appears that any credential submitted is false.
Sec. 35. 1. Examinations shall be held at least twice a year at the time and place fixed by the board. All applicants shall be notified in writing of the examinations.
2. The examination shall be fair and impartial, practical in character, and the questions shall be designated to discover the applicants fitness.
3. The board may employ specialists and other professional consultants or examining services in conducting the examination.
Sec. 36. 1. If an applicant fails in a first examination, he may be reexamined after not less than 6 months.
2. If he fails in a second examination, he is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he shall furnish proof to the board of further postgraduate study following the second examination satisfactory to the board.
3. Each applicant who fails an examination and who is permitted to be reexamined shall pay for each reexamination the reexamination fee specified in this chapter.
4. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may refund a portion of the initial license fee not to exceed $100 upon the request of the applicant. There shall be no refund of the initial license fee if an applicant appears for examination.
Sec. 37. Any unsuccessful applicant may appeal to the district court to review the action of the board, if he files his appeal within 6 months from the date of the rejection of his application by the board. Upon appeal the applicant has the burden of showing that the action of the board is erroneous or unlawful.
κ1977 Statutes of Nevada, Page 946 (CHAPTER 473, SB 139)κ
appeal the applicant has the burden of showing that the action of the board is erroneous or unlawful.
Sec. 38. 1. The board may issue a license without examination to a person:
(a) Who has completed a hospital internship and is licensed in any country, state, territory or province to practice osteopathic medicine, if the licensing requirements of that country, state, territory or province at the time the license was issued are deemed by the board to be practically equivalent to the licensing requirements in force in this state at that time.
(b) Who is a graduate of a school of osteopathic medicine, has completed a hospital internship and passed examination for admission into the medical corps of any of the Armed Forces of the United States or the United States Public Health Service or who possesses a certificate from the national board of examiners for osteopathic physicians and surgeons.
2. Any person applying for a license under the provisions of subsection 1 shall:
(a) Furnish to the board such proof of qualifications and pass an oral examination as the board may require; and
(b) Pay in advance to the board the initial license fee specified in this chapter.
Sec. 39. 1. Every person holding a license issued under this chapter shall have the license recorded in the office of the county clerk of the county of his residence. Every licensee upon a change of residence shall have his certificate recorded in like manner in the county to which he has changed his residence.
2. Every license shall be displayed in the office or place of business or employment of its holder.
Sec. 40. All valid licenses to practice osteopathic medicine issued prior to July 1, 1977, remain in full effect but are subject to the provisions of this chapter.
Sec. 41. 1. The board may issue a temporary license to authorize a person who is qualified to practice osteopathic medicine in this state to serve as a substitute for an osteopathic physician who is absent from his practice.
2. Each applicant for such a license shall pay the temporary license fee specified in this chapter.
3. A temporary license is valid for not more than 6 months after issuance and is not renewable.
Sec. 42. 1. The board may issue a special license:
(a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his own patients in association with an osteopathic physician in this state who has primary care of the patients.
(b) To a resident or fellow while in training.
(c) For a specified period of time and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.
2. A special license issued under this section may be renewed by the board upon application of the licensee.
κ1977 Statutes of Nevada, Page 947 (CHAPTER 473, SB 139)κ
3. Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.
Sec. 43. 1. The board may issue a special license to a person qualified under this section to authorize him to serve:
(a) As a resident medical officer in any hospital in Nevada who shall practice osteopathic medicine only within the confines of the hospital specified in the license and under the supervision of the regular hospital medical staff.
(b) As a professional employee of the State of Nevada or of the United States who shall practice osteopathic medicine only within the scope of his employment and under the supervision of the appropriate state or federal medical agency.
2. An applicant for a special license under this section shall:
(a) Be a graduate of a school of osteopathic medicine and have completed a hospital internship.
(b) Pay the special license fee specified in this chapter.
3. The board shall not issue a license under subsection 1 unless it has received a letter from a hospital in Nevada or from the appropriate state or federal medical agency requesting issuance of the special license to the applicant.
4. A special license issued under this section:
(a) Shall be issued at a meeting of the board or between its meetings by its president and secretary subject to approval at the next meeting of the board.
(b) Is valid for a period not exceeding 1 year, as determined by the board.
(c) May be renewed by the board upon application and payment by the licensee of the special license renewal fee specified in this chapter.
(d) Does not entitle the licensee to engage in the private practice of osteopathic medicine.
5. This issuance of a special license under this section does not obligate the board to grant any regular license to practice osteopathic medicine.
Sec. 44. Each license issued by the board:
1. Shall bear a seal adopted by the board and the signatures of its president and secretary; and
2. Authorizes the holder to practice osteopathic medicine so long as it is kept in force by appropriate renewal and is not revoked or suspended.
Sec. 45. 1. The board shall issue certificates of approval for programs of health care training for osteopathic physicians assistants, if the programs meet board standards.
2. In developing criteria for program approval the board shall give consideration to and encourage the utilization of equivalency and proficiency testing and other means whereby full credit is given to persons in training for past education and experience in the healing arts.
3. The board shall develop and enforce standards to insure that the programs operate in a manner which does not endanger the health and welfare of the patients who receive services within the scope of the programs.
κ1977 Statutes of Nevada, Page 948 (CHAPTER 473, SB 139)κ
4. The board shall review from time to time the quality of the curriculum, faculty and facilities of the programs to assure that standards prerequisite to its approval continue to be met.
5. The board shall not give preference to residents of Nevada nor to health care training programs conducted in Nevada in approving the employment of osteopathic physicians assistants.
Sec. 46. 1. An application to employ an osteopathic physicians assistant shall be made to the board by an osteopathic physician and may not be made by the proposed assistant.
2. Each application shall include information showing:
(a) The qualifications, including related experience, possessed by the proposed osteopathic physicians assistant.
(b) The professional background and specialty of the applying osteopathic physician.
(c) A description by the osteopathic physician of his practice and the way in which the assistant is to be employed and supervised.
Sec. 47. The board shall approve an application by an osteopathic physician to employ and supervise an osteopathic physicians assistant when the board finds that the proposed assistant is a graduate of an approved program and is fully qualified by reason of experience and education to perform medical services under the supervision of the physician.
Sec. 48. 1. An osteopathic physicians assistant may perform such medical services as the board has authorized, if such services are performed under the supervision of an employing osteopathic physician. The services authorized shall pertain to the practice of osteopathic medicine and not to the practice of any other healing art regulated in this state or to the business of selling and fitting hearing aids.
2. Section 75 of this act does not prevent the service of an osteopathic physicians assistant when his service is approved as provided in this chapter.
Sec. 49. 1. Except as provided in subsection 3 and in section 51 of this act, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before February 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the board;
(b) Paying the annual license renewal fee specified in this chapter; and
(c) Submitting verified evidence satisfactory to the board that in the year preceding the application for renewal he has attended continuing education courses or programs approved by the board totaling a number of hours established by the board which shall not be less than 25 hours nor more than that set in the continuing medical education requirements of the American Osteopathic Association.
2. The secretary of the board shall notify each licensee of the renewal requirement not less than 30 days prior to the date of renewal.
3. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.
Sec. 50. 1. Except as provided in subsection 2, if a licensee fails to comply with the requirements of section 49 of this act within 30 days after the renewal date, the board shall give 30 days notice of failure to renew and of revocation of license by certified mail to the licensee at his last address registered with the board.
κ1977 Statutes of Nevada, Page 949 (CHAPTER 473, SB 139)κ
last address registered with the board. If the license is not renewed before the expiration of the 30 days notice, the license is automatically revoked without any further notice or a hearing and the board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency and with the recorder of the county in which the delinquent licensee practices.
2. A licensee who fails to meet the continuing education requirements for license renewal may apply to the board for a waiver of the requirements. The board may grant a waiver for that year only if it finds that the failure is due to the licensees disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the board to excuse the failure.
3. A person whose license is revoked under this section may apply to the board for restoration of his license upon:
(a) Payment of all past due renewal fees and the late payment fee specified in this chapter;
(b) Producing verified evidence satisfactory to the board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation; and
(c) Stating under oath in writing that he has not withheld information from the board which if disclosed would furnish grounds for disciplinary action under this chapter.
Sec. 51. 1. A licensee who retires from the practice of osteopathic medicine need not annually renew his license after he files with the board an affidavit stating the date on which he retired from practice and such other facts to verify his retirement as the board deems necessary.
2. A retired licensee who desires to return to practice may apply to renew his license by paying all back annual license renewal fees from the date of retirement and submitting verified evidence satisfactory to the board that he has attended continuing education courses or programs approved by the board which total:
(a) Twenty-five hours if he has been retired 1 year or less.
(b) Fifty hours within 12 months of the date of the application if he has been retired for more than 1 year.
Sec. 52. The board shall charge and collect only the following fees:
1. Initial license fee...................................................................................... $200
2. Annual license renewal fee.................................................................... 100
3. Temporary license fee............................................................................. 50
4. Special license fee, except for a special license issued to a resident or fellow while in training............................................................................................................... 50
5. Special license fee for a special license issued to a resident or fellow while in training.................................................................................................................... 35
6. Special license renewal fee.................................................................... 10
7. Reexamination fee................................................................................... 200
8. Late payment fee...................................................................................... 35
Sec. 53. 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;
κ1977 Statutes of Nevada, Page 950 (CHAPTER 473, SB 139)κ
distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice osteopathic medicine by any other jurisdiction.
4. Gross or repeated malpractice.
5. Professional incompetence.
Sec. 54. 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 osteopathic 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 osteopathic medical society of the county in which the person charged has his office if there is an osteopathic medical society in the county.
Sec. 55. 1. When a complaint is filed:
(a) With the board, it shall be reviewed by the board.
(b) With a county osteopathic 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 osteopathic 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. 56. 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. 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. 57. (Deleted by amendment.)
Sec. 58. 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 osteopathic 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.
κ1977 Statutes of Nevada, Page 951 (CHAPTER 473, SB 139)κ
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. 58.1. If the board has reason to believe that the conduct of any osteopathic physician has raised a reasonable question as to his competence to practice osteopathic 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 osteopathic medicine with reasonable skill and safety to patients.
Sec. 58.3. If the board issues an order summarily suspending the license of an osteopathic 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. 58.5. If the board issues an order summarily suspending the license of an osteopathic 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. 58.7. 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 an osteopathic 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
(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. 58.9. All proceedings subsequent to the filing of a complaint are confidential, except to the extent necessary for the conduct of an examination, 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. 59. If:
1. A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license to practice osteopathic 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. 60. 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 osteopathic physician at his last-known address, as indicated on the records of the board, if possible.
κ1977 Statutes of Nevada, Page 952 (CHAPTER 473, SB 139)κ
personal or by registered or certified mail with return receipt requested, addressed to the osteopathic 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. 61. 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 osteopathic medicine is conclusive evidence of its occurrence.
Sec. 62. 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 osteopathic medicine.
(d) Suspend the license of the person to practice osteopathic medicine for a specified period or until further order of the board.
(e) Revoke the license of the person to practice osteopathic medicine.
The order of the board may contain such other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.
Sec. 63. The secretary shall file a certified copy of an order of the board limiting the practice of osteopathic 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. 64. 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 as provided by law.
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 63 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.
κ1977 Statutes of Nevada, Page 953 (CHAPTER 473, SB 139)κ
boards order priority over other civil matters which are not expressly given such priority by law.
Secs. 65-67. (Deleted by amendment.)
Sec. 68. 1. Any person:
(a) Whose practice of osteopathic medicine has been limited; or
(b) Whose license to practice osteopathic 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. 69. The state board of osteopathic medicine, a medical review panel of a hospital, an osteopathic medical society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic 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. 70. 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 osteopathic medical society to limit or terminate the privileges of an osteopathic 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. 71. (Deleted by amendment.)
Sec. 72. 1. The board through its president or secretary or the attorney general may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing osteopathic medicine without a license valid under this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for practicing without a license.
Sec. 73. In a criminal complaint charging any person with practicing osteopathic medicine without a license, it is sufficient to charge that he did, upon a certain day, and in a certain county of this state, engage in the practice of osteopathic medicine without having a valid license to do so, without averring any further or more particular facts concerning the violation.
κ1977 Statutes of Nevada, Page 954 (CHAPTER 473, SB 139)κ
do so, without averring any further or more particular facts concerning the violation.
Sec. 74. The board shall cause the prosecution of all persons who commit any act prohibited by this chapter. The board may employ investigators and such other assistants as may be necessary to carry into effect the provisions of this chapter.
Sec. 75. A person who:
1. Practices osteopathic medicine:
(a) Without a license valid under this chapter; or
(b) Beyond the limitations ordered upon his practice by the board or the court;
2. Presents as his own the diploma, license or credentials of another;
3. Gives either false or forged evidence of any kind to the board or any of its members in connection with an application for a license or an application to employ an osteopathic physicians assistant;
4. Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license;
5. Practices osteopathic medicine under a false or assumed named or falsely personates another licensee of a like or different name;
6. Holds himself out as an osteopathic physicians assistant or who uses any other term indicating or implying that he is an osteopathic physicians assistant, unless he has been approved by the board, as provided in this chapter; or
7. Employs a person as an osteopathic physicians assistant before such employment is approved as provided in this chapter,
shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years.
Sec. 76. Nevada Revised Statutes is hereby amended by prefixing thereto a new chapter which shall include the following provision:
1. Except as otherwise provided in subsection 2, as used in Nevada Revised Statutes, physician means a person who engages in the practice of medicine, including osteopathy.
2. The terms physician, osteopathic physician and chiropractic physician are used in chapters 630, 633 and 634 of NRS in the limited senses prescribed by those chapters respectively.
Sec. 77. 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] provider of health care 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 [;] of the provider of health care;
(b) Injury to or wrongful death of a person [for rendering] from professional services rendered without consent; or
(c) Injury to or wrongful death of a person [for] from error or omission in [such health care providers] practice [.] by the provider of health care.
κ1977 Statutes of Nevada, Page 955 (CHAPTER 473, SB 139)κ
2. This time limitation is tolled for any period during which [such health care provider] the provider of health care 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.] him.
3. For purposes of this section, the 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] prosecute any cause of action [arising under this section which any such legally disabled person may have against any health care provider under] limited by subsection 1. If the director or administrator fails to [take] commence an action on behalf of such legally disabled person within the prescribed period of limitation, the legally disabled person shall not be permitted to bring an action based on the same injury against any [health care] provider [under subsection 1] of health care 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] prosecute any cause of action [which such minor child may have against any health care provider under] limited by subsection 1. If the parent, guardian or custodian fails to [take any] commence an 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] of health care 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.
5. As used in this section, [health care provider] provider of health care 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] doctor of traditional Oriental medicine in any form, medical laboratory director or technician, or a licensed hospital as the employer of any such person.
Sec. 78. NRS 41A.100 is hereby amended to read as follows:
41A.100 1. Liability for personal injury or death shall not be imposed upon any provider of medical care based on alleged negligence in the performance of such care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed health care facility wherein such alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence consisting of expert medical testimony, text or treatise material or facility regulations is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:
[1.] (a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;
κ1977 Statutes of Nevada, Page 956 (CHAPTER 473, SB 139)κ
device was unintentionally left within the body of a patient following surgery;
[2.] (b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;
[3.] (c) An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;
[4.] (d) An injury was suffered during the course of treatment to a part of the body not directly involved in such treatment or proximate thereto; or
[5.] (e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patients body.
2. As used in this section, provider of medical care means a physician, registered nurse or a licensed hospital as the employer of any such person.
Sec. 79. NRS 42.020 is hereby amended to read as follows:
42.020 1. In any action for damages for personal injury against any provider of [medical care or services,] health care, the amount of damages, if any, awarded in such action shall be reduced by the amount of any prior payment made by or on behalf of the provider of health care to the injured person or to the claimant to meet reasonable expenses of medical care, other essential goods or services or reasonable living expenses.
2. As used in this section, provider of health care means a physician, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, or a licensed hospital as the employer of any such person.
Sec. 80. NRS 49.215 is hereby amended to read as follows:
49.215 As used in NRS 49.215 to 49.245, inclusive:
1. A communication is confidential if it is not intended to be disclosed to third persons other than:
(a) Those present to further the interest of the patient in the consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the communication; or
(c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patients family.
2. Doctor means a person licensed to practice medicine, dentistry, [osteopathy] osteopathic medicine or psychology in any state or nation, or a person who is reasonably believed by the patient to be so licensed, and in addition includes a person employed by a public or private agency as a psychologist or psychiatric social worker, or someone under his guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.
3. Patient means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.
Sec. 81. NRS 129.050 is hereby amended to read as follows:
129.050 1. Any minor who is under the influence of, or suspected of being under the influence of, a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:
κ1977 Statutes of Nevada, Page 957 (CHAPTER 473, SB 139)κ
of being under the influence of, a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent,
to the furnishing of hospital, medical, surgical or health care for the treatment of drug abuse or related illnesses by any public or private hospital, health and care facility or any licensed physician, [or surgeon,] and the consent of the minor is not subject to disaffirmance because of minority.
2. Immunity from civil or criminal liability extends to any physician [or surgeon] or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.
3. The consent of the parent or parents or the legal guardian of the minor is not necessary to authorize such care, but any physician [or surgeon] who treats a minor pursuant to this section shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian within a reasonable time after treatment.
Sec. 82. NRS 200.502 is hereby amended to read as follows:
200.502 1. A report 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 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, the welfare division, county agency or law enforcement agency shall within 3 working days, investigate. The law enforcement agency shall forthwith refer the report to the local office of the welfare division or county agency. No child about whom a report is made shall be removed from his parents, stepparents, guardian or other persons having lawful custody by a law enforcement agency without consultation with the division unless, in the judgment of the reporting physician or the law enforcement agency, immediate removal is essential to protect the child from further injury or abuse.
2. Reports shall be made:
(a) By every physician [or surgeon, including doctors of medicine, dentistry and osteopathy, chiropractic physicians, optometrists, residents and interns,] , dentist, chiropractor, optometrist, resident and intern licensed in this state, examining, attending or treating 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 physician [or surgeon] whose attendance with respect to an apparently abused or neglected child is pursuant to his performance of services as a member of the staff of 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 in this state, who examines, attends or treats an apparently abused or neglected child.
κ1977 Statutes of Nevada, Page 958 (CHAPTER 473, SB 139)κ
psychologist and advanced emergency medical technician-ambulance licensed or certified to practice in this state, 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 report may be made by any other person.
Sec. 83. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as provided in subsection 3, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator, library, museum, or a bus used by the general public, other than a chartered bus.
(b) Room, including a lecture hall or university concert hall, located in a public building, while a public meeting is in progress in such room.
(c) Hallway, waiting room or cafeteria opened to the general public and located in a state building.
(d) Any area in any state facility when so designated by the head of the state department having control of the area.
(e) Public waiting room, lobby or hallway of any:
(1) Health and care facility as defined by NRS 449.007; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist [, osteopath] or doctor of traditional Oriental medicine.
2. The person or persons in control of the areas listed in subsection 1:
(a) Shall post signs prohibiting smoking in such areas except as provided in paragraph (b).
(b) May provide for separate rooms or portions of designated no-smoking areas to be used as smoking areas where it is possible to confine the smoke to such areas.
3. The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2.
4. As used in this section, public meeting means a gathering for which there is:
(a) Advance notice;
(b) A planned agenda; and
(c) A person presiding or otherwise in charge.
Public meeting does not include a trade show or exhibition.
Sec. 84. NRS 217.100 is hereby amended to read as follows:
217.100 1. Any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, may apply to the board for such compensation. Where the person entitled to make application is:
(a) A minor, the application may be made on his behalf by a parent or guardian.
(b) Mentally incompetent, the application may be made on his behalf by a parent, guardian or other person authorized to administer his estate.
2. Prior to a hearing on any application, the applicant shall submit reports, if reasonably available, from all physicians [or surgeons] who, at the time of or subsequent to the victims injury or death, treated or examined the victim in relation to the injury for which compensation is claimed.
κ1977 Statutes of Nevada, Page 959 (CHAPTER 473, SB 139)κ
claimed. If, in the opinion of the board, reports on the previous medical history of the victim or an examination of the victim and report thereon or a report on the cause of death of the victim by an impartial medical expert would aid the board in its determination, the board may order such reports.
Sec. 85. NRS 374.060 is hereby amended to read as follows:
374.060 1. Retailer includes:
(a) Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.
(b) Every person engaged in the business of making sales for storage, use or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use or other consumption.
(c) Every person making more than two retail sales of tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.
2. When the department determines that it is necessary for the efficient administration of this chapter to regard any salesmen, representatives, peddlers or canvassers as the agents of the dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors or employers, the department may so regard them and may regard the dealers, distributors, supervisors or employers as retailers for purposes of this chapter.
3. A licensed optometrist or physician [and surgeon] is a consumer of, and shall not be considered, a retailer within the provisions of this chapter, with respect to the ophthalmic materials used or furnished by him in the performance of his professional services in the diagnosis, treatment or correction of conditions of the human eye, including the adaptation of lenses or frames for the aid thereof.
Sec. 86. NRS 428.095 is hereby amended to read as follows:
428.095 1. Counties in which physicians, [surgeons,] dentists, their respective assistants and county hospitals render treatment to indigents or needy persons without charge or at cost or below cost may procure, carry and maintain liability insurance protecting such members of the healing arts and hospitals and indemnifying them against any claim or action by or on behalf of any such indigent or needy person or contribute to the cost of such insurance.
2. If such insurance is provided it shall be coverage in the amount of at least $100,000 for each occurrence.
3. The liability insurance provided in subsections 1 and 2 shall provide for indemnity whether or not the physician, [surgeon,] dentist, assistant or hospital is required by law or the rules of his profession to treat any indigent or needy person without charge.
Sec. 87. NRS 428.230 is hereby amended to read as follows:
428.230 Physician [means a licensed physician and surgeon.] is limited to a person licensed to practice as such.
κ1977 Statutes of Nevada, Page 960 (CHAPTER 473, SB 139)κ
Sec. 88. NRS 440.050 is hereby amended to read as follows:
440.050 As used in this chapter, physician [means] is limited to a person authorized under the laws of this state to practice [medicine.] as such.
Sec. 89. NRS 441.060 is hereby amended to read as follows:
441.060 1. In addition to the other duties imposed by law, the health division [is charged with the duty of controlling, preventing and curing] shall control, prevent and cure venereal diseases.
2. The health division shall cooperate with the United States Public Health Service, and with physicians, [and surgeons,] public and private hospitals, dispensaries, clinics, public and private schools, normal schools and colleges, penal and charitable institutions, industrial schools, local health officers and boards of health, institutions caring for the [insane,] mentally ill, and any other person, [or persons,] in the control, prevention and cure of venereal diseases.
Sec. 90. NRS 441.300 is hereby amended to read as follows:
441.300 The license of any [licensed physician or surgeon] physician failing, neglecting or refusing to comply with any of the [rules or] regulations of the state board of health, or any of the [terms] requirements of this chapter, may be suspended [by the board of medical examiners of the State of Nevada] for a period not exceeding 6 months [.] by the agency which licensed the physician.
Sec. 91. NRS 442.040 is hereby amended to read as follows:
442.040 1. Any physician, [surgeon, obstetrician,] midwife, nurse, maternity home or hospital of any nature, parent, relative or person attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth, or any time within 2 weeks after childbirth, knowing the condition defined in NRS 442.030 to exist, shall immediately report such fact in writing to the local health officer of the county, city or other political subdivision within which the infant or the mother of any infant may reside.
2. Midwives shall immediately report conditions to some qualified practitioner of medicine and thereupon withdraw from the case except as they may act under the physicians instructions.
3. On receipt of such report, the health officer, or the physician notified by a midwife, shall immediately give to the parents or persons having charge of such infant a warning of the dangers to the eye or eyes of the infant, and shall, for indigent cases, provide the necessary treatment at the expense of the county, city or other political subdivision.
Sec. 92. NRS 442.110 is hereby amended to read as follows:
442.110 Any physician, [surgeon,] midwife, [obstetrician,] nurse, manager or person in charge of a maternity home or hospital, parent, relative or person attending upon or assisting at the birth of an infant who violates any of the provisions of NRS 442.030 to 442.100, inclusive, shall be punished by a fine of not more than $100.
Sec. 93. NRS 442.115 is hereby amended to read as follows:
442.115 1. The state board of health, upon the recommendation of the state health officer, shall adopt regulations governing examinations and tests required for the discovery in infants of preventable inheritable disorders leading to mental retardation.
2. Any physician, [surgeon, obstetrician,] midwife, nurse, maternity home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the state board of health as necessary for the discovery of conditions indicating such disorders.
κ1977 Statutes of Nevada, Page 961 (CHAPTER 473, SB 139)κ
home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the state board of health as necessary for the discovery of conditions indicating such disorders.
3. If the examination and tests reveal the existence of such conditions in an infant, the physician, [surgeon, obstetrician,] midwife, nurse, maternity home or hospital attendant on or assisting at the birth of the infant shall immediately:
(a) Report the condition to the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and
(b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.
4. An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.
Sec. 94. NRS 442.250 is hereby amended to read as follows:
442.250 1. No abortion [shall] may be performed in this state unless such abortion is performed:
(a) By a physician licensed to practice [medicine] in this state or by a physician in the employ of the government of the United States who:
(1) Exercises his best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and
(2) Performs such abortion in a manner consistent with accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of the pregnancy.
(c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.
2. All abortions shall be performed in a hospital or other health and care facility licensed under chapter 449 of NRS.
3. Abortions performed within 24 weeks after the commencement of the pregnancy shall be pursuant to the prior written consent of the pregnant woman if she is 18 years of age or older. If she is under 18 years of age such abortions shall be pursuant to the prior written consent of a parent or person in loco parentis, unless she is married or otherwise emancipated. If she is married, the prior written consent of her husband shall also be given, unless she is living separate and apart from her husband.
4. Before performing an abortion, the physician shall enter in the permanent records of the patient the facts on which he based his best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother.
Sec. 95. NRS 450.005 is hereby amended to read as follows:
450.005 As used in this chapter, unless the context otherwise requires [:
κ1977 Statutes of Nevada, Page 962 (CHAPTER 473, SB 139)κ
1. Allied] , allied health profession means: [the profession of practicing:]
[(a)] 1. Dentistry as defined in chapter 631 of NRS;
[(b)] 2. Psychology as defined in chapter 641 of NRS;
[(c)] 3. Podiatry as defined in chapter 635 of NRS; or
[(d)] 4. Traditional Oriental medicine as defined in chapter 634A of NRS.
[2. Physician means one who engages in the practice of medicine as defined in chapter 630 of NRS or osteopathy as defined in chapter 633 of NRS.]
Sec. 96. NRS 450B.160 is hereby amended to read as follows:
450B.160 1. The health division may issue licenses to attendants.
2. Each such license shall be evidenced by a card issued to the license holder.
3. The health division shall charge no fee for a license.
4. Each such license shall be valid for a period not to exceed 3 years, and is renewable.
5. To obtain a license under the provisions of this chapter prior to July 1, 1978, an attendant shall file with the health division:
(a) A current, valid certificate evidencing his successful completion of a training program or course in advanced first aid equivalent to the programs or courses in advanced first aid offered by:
(1) The American Red Cross;
(2) The United States Bureau of Mines;
(3) The Armed Forces of the United States (to medical corpsmen); or
(4) Any other rescue or emergency first aid organization recognized by the board.
(b) A signed statement showing his:
(1) Name and address;
(2) Employers name and address; and
(3) Job description.
(c) Such other certificates for training and such other items as the board may specify.
6. To obtain a license after July 1, 1978:
(a) A volunteer attendant shall file with the health division, in addition to the items specified in subsection 5, a certificate demonstrating successful completion of a minimum of 16 hours of training in addition to advanced first aid, as required by the regulations of the board of health.
(b) An attendant who is not a volunteer shall file with the health division, in addition to the items specified in subsection 5, a current, valid emergency medical technician certificate.
7. The board shall [establish] adopt such [rules,] regulations [and procedures] as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.
8. Each ambulance service and air ambulance service shall annually file with the health division a complete list of licensed attendants of such service.
9. Licensed physicians [, osteopaths] and nurses may serve as attendants without being licensed as ambulance attendants.
Sec. 97. NRS 451.545 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 963 (CHAPTER 473, SB 139)κ
451.545 Physician [or surgeon means a doctor of medicine licensed or] is limited to a person authorized to practice as such under the laws of the State of Nevada.
Sec. 98. NRS 451.560 is hereby amended to read as follows:
451.560 The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:
1. Any hospital, [surgeon or] physician [,] or dentist, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
2. Any accredited medical or dental school, college or university, for education, research, advancement of medical or dental science or therapy.
3. Any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
4. Any specified [individual,] person, for therapy or transplantation needed by him.
Sec. 99. NRS 451.565 is hereby amended to read as follows:
451.565 1. A gift of all or part of the body under subsection 1 of NRS 451.555 may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
2. A gift of all or part of the body under subsection 1 of NRS 451.555 may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designated to be carried on the person, must be signed by the donor in the presence of two witnesses, who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence in the presence of two witnesses, who must sign the document in his presence. Delivery of the document of gift during the donors lifetime is not necessary to make the gift valid.
3. The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.
4. Notwithstanding subsection 3 of this section and subsection 2 of NRS 451.580, the donor may designate in his will, card or other document of gift the [surgeon or] physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any [surgeon or] physician for the purpose.
5. Any gift by a person designated in subsection 2 of NRS 451.555 shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message.
κ1977 Statutes of Nevada, Page 964 (CHAPTER 473, SB 139)κ
Sec. 100. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to 453.531, inclusive:
1. Pharmacy means every store or shop licensed under the provisions of chapter 639 of NRS where prescriptions are compounded and dispensed and dangerous drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed, sold or displayed at retail.
2. Physician, dentist, podiatrist, veterinarian and pharmacist mean persons authorized by a currently valid [and unrevoked] license to practice their respective professions in this state. [The word physician includes osteopathic physicians and surgeons.]
Sec. 101. NRS 454.0095 is hereby amended to read as follows:
454.0095 [1.] Physician, dentist, podiatrist, veterinarian and pharmacist mean persons authorized by a currently valid [and unrevoked] license to practice their respective professions in this state.
[2. The word physician includes osteopathic physicians and surgeons.]
Sec. 102. NRS 454.191 is hereby amended to read as follows:
454.191 Administer means the furnishing:
1. By a physician, physicians assistant if authorized by the board, [surgeon,] dentist, podiatrist or veterinarian to his patient of such amount of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient; or
2. By a nurse pursuant to a chart order of individual doses of a drug or medicine:
(a) From an original container which has been furnished as floor or ward stock by a hospital pharmacy;
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a physician, dentist, podiatrist or veterinarian.
Sec. 103. NRS 457.030 is hereby amended to read as follows:
457.030 1. The Nevada cancer advisory council is hereby established. The council shall consist of 10 members, five of whom shall be doctors of medicine, one a doctor of [osteopathy,] osteopathic medicine, one a doctor of dental surgery, one a chiropractor, one an attorney at law and one a member of the physical science department of the University of Nevada, Reno, or of the University of Nevada, Las Vegas.
2. In addition to the 10 members provided for in subsection 1, the state health officer shall be an ex officio member of the council.
Sec. 104. NRS 630.047 is hereby amended to read as follows:
630.047 1. This chapter does not apply to:
(a) The practice of dentistry, [osteopathy,] osteopathic medicine, chiropractic, podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine or hearing aid fitting.
(b) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Licensed nurses in the discharge of their duties as nurses.
(d) Physicians who are called into this state, other than on a regular basis, for consultation or assistance to a physician licensed in this state, and who are legally qualified to practice in the state where they reside.
κ1977 Statutes of Nevada, Page 965 (CHAPTER 473, SB 139)κ
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 105. NRS 634.130 is hereby amended to read as follows:
634.130 1. Every person holding a valid license and actively practicing chiropractic, whether on a full-time or part-time basis, in the State of Nevada shall renew such license each year by paying a renewal fee not to exceed $100. Every person who holds a valid license in the State of Nevada but does not actively practice chiropractic shall renew such license by paying a renewal fee not to exceed $50.
2. A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician [and surgeon] or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.
Sec. 106. NRS 634.220 is hereby amended to read as follows:
634.220 Nothing in this chapter shall be construed to permit a chiropractor to practice medicine, [surgery, obstetrics, osteopathy,] osteopathic medicine, dentistry, optometry or podiatry, or to administer or prescribe drugs.
Sec. 107. NRS 640.190 is hereby amended to read as follows:
640.190 1. A person registered under this chapter as a physical therapist shall not treat human ailments by physical therapy or otherwise except under the prescription and direction of a [person licensed to practice medicine and surgery,] physician, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this chapter.
2. Nothing in this chapter [shall be construed as authorizing] authorizes a physical therapist, whether registered or not, to practice medicine, [osteopathy,] osteopathic medicine, chiropractic or any other form or method of healing.
3. Any person violating the provisions of this section [shall be] is guilty of a misdemeanor.
Sec. 108. NRS 644.460 is hereby amended to read as follows:
644.460 1. The following persons are exempt from the provisions of this chapter:
(a) All persons authorized by the laws of this state to practice medicine, [surgery,] dentistry, [osteopathy,] osteopathic medicine, chiropractic or podiatry.
(b) Commissioned [surgical and] medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to the same.
κ1977 Statutes of Nevada, Page 966 (CHAPTER 473, SB 139)κ
(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:
(1) Cleansing or singeing the hair of any person.
(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Any school of cosmetology conducted as part of the vocational rehabilitation training program at the Nevada state prison or the Nevada girls training center:
(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.
(b) Notwithstanding the provisions of subsection 4 of NRS 644.400, shall maintain a staff of at least one licensed instructor.
Sec. 109. NRS 689A.380 is hereby amended to read as follows:
689A.380 As used in any policy of health insurance delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto:
1. Accidental death means death by accident exclusively and independently of all other causes.
2. Confinement to house or house confinement includes the activities of a convalescent not able to be gainfully employed.
3. Medical or surgical services includes also services within the scope of his license rendered by any [individual] person while duly licensed by the State of Nevada under any of the following chapters of NRS: 631 (dentistry); 633 [(osteopathy);] (osteopathic medicine); 634 (chiropractic); 634A (Oriental medicine); 635 (podiatry); or 636 (optometry). No policy of health insurance [shall exclude coverage for services of any licensee provided for in this subsection.] may provide that the insured does not have the option of selecting any licensee provided for in this subsection to perform any medical or surgical services covered by a policy of insurance if the service is within the scope of his license.
4. Total disability means inability to perform the duties of any gainful occupation for which the insured is reasonably fitted by training, experience and accomplishment.
Sec. 110. NRS 695B.030 is hereby amended to read as follows:
695B.030 As used in this chapter:
1. Dental services means general and special dental services ordinarily provided by dentists licensed under the provisions of chapter 631 of NRS to practice in the State of Nevada in accordance with the generally accepted practices of the community at the time the service is rendered, and the furnishing of necessary appliances, drugs, medicines and supplies, prosthetic appliances, orthodontic appliances, metal, ceramic and other restorations.
2. Hospital services means the furnishing or providing of any or all of the following:
(a) Maintenance and care in the hospital, including but not limited to, nursing care, drugs, medicines, supplies, physiotherapy, transportation and use of facilities and appliances.
(b) Reimbursement of the beneficiary or subscriber for, but without requiring that he first pay, expenses incurred for any of the items included in paragraph (a).
κ1977 Statutes of Nevada, Page 967 (CHAPTER 473, SB 139)κ
requiring that he first pay, expenses incurred for any of the items included in paragraph (a).
(c) Reimbursement, at a uniform rate, of the beneficiary or subscriber for, but without requiring that he first pay, the costs and expenses incurred for medical supplies.
(d) Reimbursement for expenses incurred outside of the hospital for continued care and treatment following the subscribers discharge from the hospital, for nursing service, necessary appliances, drugs, medicines, supplies and any other services which would have been available in the hospital (excluding physicians services), whether or not provided through a hospital.
(e) Reimbursement for ambulance service expenses.
3. Medical services means the furnishing or providing of any or all of the following:
(a) Medical or surgical services, in or out of a hospital, by a physician [and surgeon] licensed to practice under the laws of Nevada.
(b) Reimbursement for expenses incurred for nursing services, necessary appliances, drugs, medicines, supplies and any other health care services.
Sec. 111. NRS 633.010 to 633.160, inclusive, are hereby repealed.
Sec. 112. 1. The term of each person holding office as a member of the state board of osteopathy on June 30, 1977, expires at 12:01 a.m. on July 1, 1977. The governor shall appoint five persons to the state board of osteopathic medicine to serve staggered terms commencing at 12:01 a.m. on July 1, 1977, as provided in paragraphs (a) to (d), inclusive, of subsection 1 of section 22 of this act.
2. Any member of the state board of osteopathy whose term expires under this section is eligible for appointment to the state board of osteopathic medicine, if qualified under section 21 of this act.
Sec. 113. 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 30.5 of this act shall not become effective. If Senate Bill No. 394 of the 59th session of the Nevada legislature is not enacted, section 30.5 of this act shall become effective on July 1, 1977.
3. Sections 77, 82, 83, 93 and 102 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.
________
κ1977 Statutes of Nevada, Page 968κ
Senate Bill No. 198Senators Raggio, Young, Wilson and Gojack
CHAPTER 474
AN ACT creating the Washoe County Airport Authority; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of the City of Reno to the authority; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act may be cited as the Washoe County Airport Authority Act.
Sec. 2. 1. The legislature finds that:
(a) The airport of the City of Reno has traditionally been operated by the city as a municipal function and originally served primarily the city residents.
(b) With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the City of Reno is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.
(c) What was once a municipal airport in both name and fact is now a regional airport.
(d) The financial problems of the airport have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.
(e) The City of Reno is unable to operate the airport effectively within the traditional framework of local government, evidencing the need to create a special governmental corporation to provide specific facilities and services to the public.
(f) Development of the modern airport requires the expenditure of vast sums of money for land acquisitions and capital improvements not available to the City of Reno through the issuance of municipal securities secured by general obligation tax receipts.
(g) Because of special circumstances and conditions a general law cannot be made applicable, and this special act will allow the tax burden to spread over Washoe County rather than coming to rest solely upon the principal municipality of Washoe County.
(h) This act will accommodate the expanding urban population patterns, provide adequate funding and establish the administrative machinery necessary to insure adequate air service to the region.
2. It is hereby declared as a matter of legislative determination that:
(a) The organization of the Washoe County Airport Authority having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Reno area.
κ1977 Statutes of Nevada, Page 969 (CHAPTER 474, SB 198)κ
(b) The acquisition, operation and financing of airports and related facilities by the Washoe County Airport Authority is for a public and governmental purpose and a matter of public necessity.
(c) The Washoe County Airport Authority is a body corporate and politic and a quasi-municipal corporation, the geographical boundaries of which are conterminous with the boundaries of Washoe County.
(d) For the accomplishment of the purposes stated in this subsection, the provisions of this act shall be broadly construed.
Sec. 3. As used in this act the following words or phrases are defined as follows:
1. Airport means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.
2. Authority means the Washoe County Airport Authority created pursuant to the provisions of this act.
3. Board of trustees and board each means the board of trustees of the authority.
4. Carrier means any person or corporation engaged in the air or space transportation of passengers or cargo.
5. City of Reno means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 662, Statutes of Nevada 1971, as amended.
6. City of Sparks means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 470, Statutes of Nevada 1975, as amended.
7. Washoe County means the county created by and described in NRS 243.340.
Sec. 4. 1. The Washoe County Airport Authority is hereby created.
2. The property and revenues of the authority, or any interest therein, are exempt from all state, county and municipal taxation.
Sec. 5. 1. The authority shall be directed and governed by a board of trustees composed of seven persons.
2. The City of Reno shall be represented on the board by four members, the City of Sparks by one member and Washoe County by two members, appointed as specified in this section. Within 30 days after the effective date of this act the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County shall appoint their representatives to serve on the board of trustees.
3. The term of office of the members of the board of trustees shall be at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years.
4. The position of a member of the board of trustees shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
κ1977 Statutes of Nevada, Page 970 (CHAPTER 474, SB 198)κ
Sec. 6. 1. Each member of the board shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at authority expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.
2. No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or be interested as a private purveyor in any contract or transaction with the board or the authority.
3. Each member of the board is entitled to receive $160 per month or $40 for each regular board meeting attended, whichever is less.
Sec. 7. 1. The board shall choose one of its members as chairman and one of its members as vice chairman, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person.
2. The secretary shall keep, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The minute book and records shall be open to the inspection of all interested persons, at all reasonable times and places.
3. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the authority. He shall file with the county clerk, at authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his duties.
Sec. 8. 1. The board shall meet regularly at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the board require, on notice to each board member.
2. A majority of the members shall constitute a quorum at any meeting. Every motion and resolution of the board shall be adopted by at least a majority of the members present and constituting the quorum at such meeting.
3. The board shall adopt a seal.
Sec. 9. The board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget Act.
Sec. 10. The authority may do all things necessary to accomplish the purposes of this act. The authority may, by reason of example and not of limitation:
1. Have perpetual succession and sue and be sued.
2. Plan, establish, acquire, construct, improve and operate one or more airports within Washoe County.
3. Acquire real or personal property or any interest therein by gift, lease or purchase of any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.
4. Sell, lease or otherwise dispose of any real property.
5. Acquire real property or any interest therein in areas most affected by aircraft noise for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.
κ1977 Statutes of Nevada, Page 971 (CHAPTER 474, SB 198)κ
6. Enter into agreements with Washoe County and the cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise, any airport of such county or municipality and to operate such airport.
7. With the approval of the board of county commissioners of Washoe County, exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.
8. Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.
9. Study and recommend to the board of county commissioners of Washoe County and the city councils of the cities of Reno and Sparks zoning changes in the area of any airport operated by the authority with respect to height and aviation obstructions in order to enable the authority to meet the requirements of any Federal Aviation Administration regulations.
10. Have control of its airport with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.
11. Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Washoe County or the cities of Reno and Sparks, with the consent of any such county or municipality, and subject to such terms and conditions as may be agreed upon.
12. Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The authority is liable for actual damage done.
13. Provide its own fire protection, police and crash and rescue service.
14. Contract with carriers with regard to landings and the accommodation of the employees and passengers of such carriers.
15. Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, as necessary or incidental to the operation of the airport.
16. Hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys or other professional or specialized personnel.
Sec. 11. The board has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.
Sec. 12. In addition to the other means for providing revenue for the authority, the board, subject to the approval of the board of county commissioners of Washoe County, has power to levy and collect general (ad valorem) taxes on and against all taxable property within the geographical boundaries of the authority, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in this act.
κ1977 Statutes of Nevada, Page 972 (CHAPTER 474, SB 198)κ
(ad valorem) taxes on and against all taxable property within the geographical boundaries of the authority, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in this act.
Sec. 13. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the authority, and shall, subject to the approval of the board of county commissioners of Washoe County, fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the geographical boundaries of the authority, and together with other revenues, will raise the amount required by the authority annually to supply funds for paying the costs of acquiring, operating and maintaining the airports of the authority, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the authority. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 14 of this act.
2. The board shall certify to the board of county commissioners of Washoe County, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes the board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the geographical boundaries of the authority, in addition to such other taxes as may be levied by the board of county commissioners at the rate so fixed and determined.
Sec. 14. 1. The board, in certifying annual levies, shall take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.
2. If the money produced from these levies, together with other revenues of the authority, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make, with the approval of the board of county commissioners of Washoe County, such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, the taxes shall be made and continue to be levied until the general obligation indebtedness of the authority is fully paid.
Sec. 15. 1. The body having authority to levy taxes within each county shall levy the taxes provided in this act.
2. All officials charged with the duty of collecting taxes shall collect the taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the authority. The payment of such collections shall be made monthly to the treasurer of the authority and paid into the depository thereof to the credit of the authority.
3. All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting such taxes, interest and penalties constitute, until paid, a perpetual lien on and against the property taxed; and the lien shall be on a parity with the tax lien of other general taxes.
κ1977 Statutes of Nevada, Page 973 (CHAPTER 474, SB 198)κ
against the property taxed; and the lien shall be on a parity with the tax lien of other general taxes.
Sec. 16. If the taxes levied are not paid as provided in this act, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the authority according to the provisions of the laws applicable to tax sales and redemptions.
Sec. 17. Whenever any indebtedness or other obligations have been incurred by the authority, the board may, with the approval of the board of county commissioners of Washoe County, levy taxes and collect revenue for the purpose of creating funds in such amount as the board may determine, which may be used to meet the obligations of the authority, for maintenance and operating charges and depreciation, and provide extension of and betterments to the airports of the authority.
Sec. 18. Upon the conditions and under the circumstances set forth in this act, the authority may borrow money and issue the following securities to evidence such borrowing:
1. Short-term notes, warrants and interim debentures.
2. General obligation bonds.
3. Revenue bonds.
Sec. 19. The authority may borrow money and incur or assume indebtedness therefor, as provided in this act, so long as the total of all such indebtedness (but excluding revenue bonds and other securities constituting special obligations which are not debts) does not exceed an amount equal to 5 percent of the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within the geographical boundaries of the authority.
Sec. 20. 1. The authority, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Washoe County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes, warrants and interim debentures to evidence the amount so borrowed.
2. Such short-term notes, warrants and interim debentures:
(a) Shall be payable from the fund for which the money was borrowed.
(b) Shall mature before the close of the fiscal year in which the money is so borrowed, except for interim debentures.
(c) Shall not be extended or funded except in compliance with the Local Government Securities Law.
Sec. 21. 1. Subject to the provisions of NRS 350.001 to 350.006, inclusive, whenever the board determines, by resolution, that the interest of the authority and the public interest or necessity demand the issue of general obligation bonds to purchase, construct, or otherwise acquire, maintain, improve or equip airports, the board shall order the submission of the proposition of issuing such bonds to the registered voters of the authority at an election held for that purpose in the manner provided by NRS 350.020 to 350.070, inclusive.
2. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by law.
3. The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to the declaration of public interest or necessity, shall:
κ1977 Statutes of Nevada, Page 974 (CHAPTER 474, SB 198)κ
within one and the same resolution, which resolution, in addition to the declaration of public interest or necessity, shall:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on the indebtedness.
(b) Fix the date upon which the election shall be held and the manner of holding it and the method of voting for or against the incurring of the proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election, designate the polling place or places and appoint, for each polling place from the electors of the authority, three officers of such election, one of whom shall act as clerk.
Sec. 22. 1. The election board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the authority.
2. At any regular or special meeting of the board held within 5 days following the date of the election, the returns thereof shall be canvassed and the results thereof declared.
Sec. 23. 1. If it appears from the returns that the registered voters of the authority approved the proposition submitted in the manner provided by NRS 350.070, the authority shall thereupon be authorized to issue and sell such bonds of the authority for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution.
2. Submission of the proposition of incurring such bonded indebtedness at such an election does not prevent or prohibit submission of the proposition or other propositions at any subsequent election or elections called for that purpose.
Sec. 24. The authority may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this act) for the purpose of acquiring or improving airports, and the bonds shall be made payable solely out of the net revenues derived from the operation of such airports or the furnishing of services, or from both such revenue sources of the authority; but a single bond issue may be had for more than one of such airports or services and the revenues for any of the income-producing airports and services provided by the authority may be pledged to pay for any other such airport or service. To that end, a single utility fund for any number of such airports and services may be established and maintained.
Sec. 25. 1. Subject to the limitations and other provisions in this act, the board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 3:
(a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(b) General obligation bonds and other general obligation securities payable from general (ad valorem) taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
κ1977 Statutes of Nevada, Page 975 (CHAPTER 474, SB 198)κ
payable from general (ad valorem) taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes, which payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. Nothing in this act prevents the authority from funding, refunding or reissuing any outstanding securities of the authority of a type designated in subsection 1 as provided in the Local Government Securities Law.
3. General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an interest coupon rate of not to exceed 9 percent per annum, without regard to effective interest rate. If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.
Sec. 26. The board may provide for the appointment of a paying or fiscal agency within or without the state, in relation to any general obligation or revenue bonds of the authority, which shall be a bank possessing trust powers and which shall act in a fiduciary capacity and not as a depositary, and may:
1. Provide for the powers, duties, functions and compensation of the agent.
2. Limit the liabilities of the agent.
3. Prescribe a method for his resignation and removal, and the merger or consolidation of agents.
4. Prescribe a method for the appointment of a successor agent and the transfer of rights and properties to the successor.
Sec. 27. 1. Bonds issued pursuant to this act, and the income therefrom, are exempt from all state, county and municipal taxation.
2. All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may legally invest funds within their control in bonds of the authority.
Sec. 28. The authority is a public employer within the meaning of NRS 286.070, and the provisions of chapter 286 of NRS (Public Employees Retirement Act) apply to the authority and its employees.
Sec. 29. The authority by action of the board may adopt its own civil service plan to be administered by the board, which plan shall include but need not be limited to the following provisions:
1. Entry into the service on the basis of open competition.
2. Service, promotions and remuneration on the basis of merit, efficiency and fitness.
3. Classifications of the positions in the service.
4. The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates.
5. Employment of candidates from the eligible lists in the highest qualified rating.
κ1977 Statutes of Nevada, Page 976 (CHAPTER 474, SB 198)κ
6. Probationary periods not to exceed 6 months.
7. Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.
8. Schedules of compensation and pay increases prepared by the board.
9. Promotion on the basis of ascertained merit, seniority in service and competitive examinations.
10. Provision for keeping service records on all employees.
11. Regulations for hours of work, attendance, holidays, leaves of absence and transfers.
12. Procedures for layoffs, discharge, suspension, discipline and reinstatement.
13. The exemption from civil service of persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the authority and persons employed for a period of less than 3 months in any 12-month period.
14. Review by the board, at the request of the employee in question and after notice and public hearing of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the board. Findings of fact by the board are subject to review by any court except for illegality or want of jurisdiction.
Sec. 30. Nothing contained in this act limits any power of the cities of Reno and Sparks or Washoe County to regulate airport hazards by zoning.
Sec. 31. 1. It is the duty of the board of trustees of the authority and the city council of the City of Reno, before October 1, 1977, to enter into an agreement for the orderly transfer to the authority of the airport properties, functions and outstanding obligations of the City of Reno, not inconsistent with the rights of existing bondholders, effective July 1, 1978. The agreement may include provisions for the transfer of the City of Reno airport employees to the authority with the retention by the employees of any civil service status.
2. On July 1, 1978:
(a) Any money on hand or to become available to the City of Reno for airport purposes shall be paid directly to the authority.
(b) The City of Reno shall deliver to the authority all property ordinarily and appropriately used in the operation and maintenance of the airport.
(c) The authority shall assume the obligations issued and accounts payable by the City of Reno for airport purposes.
3. During the fiscal year ending June 30, 1978, the City of Reno shall continue the operation and maintenance of its airport but its operation and maintenance shall cease on July 1, 1978. Thereafter the cities of Reno and Sparks shall not exercise any powers relating to airports vested in their city councils or the cities by special or general law.
4. The board of trustees of the authority first appointed pursuant to the provisions of this act shall:
(a) Meet promptly after their appointment and organize.
κ1977 Statutes of Nevada, Page 977 (CHAPTER 474, SB 198)κ
(b) Execute the mandatory agreement specified in subsection 1 of this section.
(c) Prepare the necessary budgets for the authority for the fiscal year ending June 30, 1979, pursuant to law.
(d) Assume full control, operation and maintenance of the Reno municipal airport on July 1, 1978, and exercise fully thereafter all of the powers and assume all of the duties granted to and imposed upon the board by this act.
Sec. 32. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 33. 1. If either city fails to appoint its representatives to the board of trustees of the authority as required by section 5 of this act, the board of county commissioners of Washoe County shall appoint the required number of residents of that city to represent it.
2. If any action is brought to have this act or any of its provisions declared invalid or to contest the legal status of the authority, before the authority has received money sufficient to employ an attorney, the district attorney of Washoe County shall defend the action on behalf of the authority.
________
Senate Bill No. 423Senator Ashworth (by request)
CHAPTER 475
AN ACT relating to title insurance; providing for regulation of title insurers; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Applicant means a person, whether or not a prospective insured, who applies to a title insurer or its agent for title insurance and who, at the time of the application, is not an agent for a title insurer.
Sec. 4. Net retained liability means the total liability retained by a title insurer for a single risk after the ceding of reinsurance.
Sec. 5. 1. Premium means charges for:
(a) Assuming a risk;
(b) Abstracting, searching and examining title to determine insurability; and
κ1977 Statutes of Nevada, Page 978 (CHAPTER 475, SB 423)κ
(c) Any other activity associated with the assumption of risk.
2. Premium does not include charges for:
(a) Escrow;
(b) Settlement or closing; or
(c) Other special services not associated with the assumption of risk,
whether or not they are called premiums.
Sec. 6. Single risk means the insured amount of any policy or contract of title insurance issued by a title insurer unless two or more policies or contracts are simultaneously issued on different estates in identical real property, in which event it means the sum of the insured amounts of all such policies or contracts. Any policy or contract which insures a mortgage interest that is excepted in a fee or leasehold policy or contract, and which does not exceed the insured amount of the fee or leasehold policy or contract, shall be excluded in computing the amount of a single insurance risk.
Sec. 7. Title agent is a person, firm or corporation appointed by a title insurer to solicit applications for insurance or to negotiate for title insurance contracts on its behalf, and if authorized to do so by the insurer, to prepare and countersign title insurance policies and contracts.
Sec. 8. Title insurer means a company organized under the laws of this state for the purpose of transacting as insurer the business of title insurance and any foreign or alien company licensed to transact business as an insurer engaged in title insurance.
Sec. 9. Title plant company means a person engaged in the business of preparing title searches, title examinations and certificates or abstracts of title which are the basis of the issuance of title policies by a title insurer.
Sec. 10. The commissioner may adopt regulations for the administration of this chapter.
Sec. 11. 1. The commissioner shall provide by regulation for the licensing of title agents, their branch offices and direct writing title insurers.
2. Each title agent shall maintain its books of account and record and its vouchers pertaining to title insurance business in a manner which permits the commissioner or his representative to readily ascertain whether the agent has complied with the provisions of this chapter.
3. A title agent may engage in the business of handling escrows, settlements and closings in connection with the title insurance business if:
(a) The agent maintains a separate record of all receipts and disbursements of escrow funds and does not commingle those funds with his own or any others; and
(b) The agent complies with standards of accounting, solvency or other conduct which the commissioner requires.
4. The commissioner or his representative may, at any time during normal business hours, examine the agreements, books of account and records and vouchers, including the escrow accounts of a title agent.
5. No person may become licensed in order to circumvent the provisions of this chapter or any other law of this state.
κ1977 Statutes of Nevada, Page 979 (CHAPTER 475, SB 423)κ
Sec. 12. 1. Each title insurer may:
(a) Engage in title insurance business if licensed to do so by the commissioner.
(b) Take action incidental to the making of a contract or policy of title insurance, directly or through an agent, including without limitation the conducting or holding of money in escrow, making settlements and closing transactions.
(c) Provide any other service related or incidental to the sale and transfer of property if it has filed notice with the commissioner of its intention to provide the service, and the commissioner has not disapproved the service within 30 days after his receipt of the notice.
(d) Invest in title plants.
2. No title insurer may engage in the business of guaranteeing the obligations of other persons.
3. Each title insurer shall certify its agents to the commissioner at the beginning of each of its fiscal years.
Sec. 13. 1. Each title insurer shall file with the commissioner all rate schedules, schedules of charges and all forms, including:
(a) Preliminary reports of title.
(b) Binders for insurance and commitments to insure.
(c) Letters of indemnity.
(d) Policies of insurance or guaranty.
(e) Terms and conditions of insurance coverage or guarantee which relate to title to any interest in property.
2. A title insurer need not file:
(a) Reinsurance contracts and agreements.
(b) Specific defects in title which may be ascertained from an examination of the risk and excepted in reports, binders, commitments or policies, or any affirmative assurances of the title insurer with respect to those defects, whether given by endorsement or otherwise.
(c) Specific exceptions from coverage by reason of limitations upon the examination of the risk imposed by the applicant for insurance or through failure of the applicant to provide data requisite to a judgment of insurability.
3. Unless the commissioner disapproves a form or schedule within 30 days after it is filed in his office, the form or schedule is approved.
4. No form or schedule may be used until it is approved by the commissioner.
5. No title insurer or title agent may make or impose any charge for premium, escrow, settlement or closing services when performed in connection with the issue of a title insurance policy except in accordance with the schedule of charges filed with the commissioner as required by this section.
Sec. 14. 1. Every title insurer and every title agent shall print and make available to the public the schedule of fees and charges filed with the commissioner.
2. The schedule:
(a) Shall show to the public the total premium, for each type of policy regularly issued by the insurer, either by a statement of the particular charge for each type of policy in given amounts of coverage or by a statement of the charge per unit of the amount of coverage, or a combination of the two.
κ1977 Statutes of Nevada, Page 980 (CHAPTER 475, SB 423)κ
charge for each type of policy in given amounts of coverage or by a statement of the charge per unit of the amount of coverage, or a combination of the two.
(b) May include a statement that additional charges are made when unusual conditions of title are encountered or when special or unusual risks are insured against and that additional charges are made for special services rendered in connection with the issuance of a policy, the handling of an escrow or the performance of other service.
(c) May provide different fees or charges for policies covering property in different counties, and for other services rendered in different counties, or separate schedules may be adopted for policies covering property in different counties, and for other services rendered in different counties.
3. Every title insurer and title agent shall file with the commissioner the schedule of fees and charges and every modification thereof which it proposes to use. The filing shall state the effective date thereof which shall be not less than 30 days after the date of the filing. The commissioner may by order suspend or modify the requirement of filing as to a specific service, the charges for which cannot practically be determined before the service is performed.
4. A title insurer may be a member or subscriber and use the services of a title insurance rating organization, and engage in joint underwriting and joint reinsurance of title insurance risks, in the same manner, with the same effect, and subject to the same applicable terms and conditions as provided with respect to property and casualty insurance under chapter 686B of NRS (rates and rating organizations).
Sec. 15. 1. The schedules provided for in section 14 of this act shall:
(a) Be printed in type not smaller than 10-point;
(b) Be dated to show the date they become effective; and
(c) So long as they are effective, be kept at all times readily available to the public and prominently displayed in a public place in each of the offices of the title insurer or title agent in this state, and in each of the offices of any person authorized to issue the policy of title insurance of the insurer, or to perform the service of an insurer or title agent in the particular county to which they relate.
2. On request, copies of the schedules shall be furnished to the public.
3. All or any part of any schedule may be changed or amended at any time or from time to time. Each change or amendment shall be printed and dated to show the effective date of the change or amendment. No change or amendment shall become effective until at least 30 days after it has been filed with the commissioner and been displayed in the offices mentioned in subsection 1 in the same manner as provided for the display of schedules, and no change or amendment increasing fees or charges applies to policies or services ordered prior to the effective date of the change or amendment.
4. Each title insurer and each title agent shall keep a complete file of its schedules and of all changes and amendments thereto until at least 5 years after they have ceased to be in effect, and the file shall be available for inspection by the commissioner at any appropriate time.
κ1977 Statutes of Nevada, Page 981 (CHAPTER 475, SB 423)κ
Sec. 16. 1. Each domestic title insurer shall establish and at all times maintain a reserve against:
(a) Unpaid losses; and
(b) Loss expenses,
and shall calculate the reserves by making a careful estimate in each case of the loss and loss expense likely to be incurred by reason of each claim presented upon receiving notice from or on behalf of the insured of a title defect in or lien or adverse claim against the title of the insured which may result in a loss or cause expense to be incurred for the proper disposition of the claim.
2. Reserves required by this section may be revised from time to time and shall be redetermined at least once each year.
3. Amounts set aside in reserves in any year shall be deducted in determining the net profit of the year of the insurer.
Sec. 17. 1. Each domestic title insurer shall establish and maintain an unearned premium reserve composed of the unearned portions of premiums due or received, which shall be charged as a reserve liability of the insurer in determining its financial condition.
2. The unearned premium reserve shall be retained and held by the title insurer for the protection of holders of policies which have not expired. Except as provided in this section, assets equal in value to the unearned premium reserve are not subject to distribution among depositors or other creditors or stockholders of the insurer until all claims of policyholders or holders of other title insurance contracts have been paid in full, and all liability on the policies or other title insurance has been paid in full and discharged or lawfully reinsured.
3. Income from the unearned premium reserve need not be added to that reserve.
4. Each title insurer shall place in its unearned premium reserve:
(a) The amount held in unearned premium reserve on July 1, 1977; and
(b) A sum equal to 5 percent of title insurance premiums collected in each calendar year.
5. A title insurer shall release from the unearned premium reserve and restore to net profits a sum equal to 5 percent of the amount added to the reserve during a calendar year on July 1 of the year following the year in which the sum was added, and an additional 5 percent shall be released from the reserve on each succeeding July 1 until the entire amount for that year has been restored to net profits.
Sec. 18. Each foreign or alien title insurer licensed to transact title insurance business in this state shall maintain the same reserves as are required of domestic insurers, unless the laws of the jurisdiction of domicile of the insurer requires a higher amount.
Sec. 19. 1. A title insurer or title agent who issues a policy of mortgagees title insurance upon a loan which is made simultaneously with the purchase of all or part of the real property which secures the loan, where no owners title insurance has been ordered shall, before the disbursement of loan proceeds or the issuance of the mortgagees title policy, inform the owner in writing that the title policy is to be issued, that the policy does not protect the owner, and that the owner may obtain title insurance for his protection.
κ1977 Statutes of Nevada, Page 982 (CHAPTER 475, SB 423)κ
does not protect the owner, and that the owner may obtain title insurance for his protection. If the owner elects not to purchase title insurance, the title insurer or title agent shall obtain from him a statement in writing that the notice has been received and that the owner waives the right to purchase title insurance. The statement, together with the waiver, if any, shall be retained by the title insurer or title agent for not less than 5 years after its receipt.
2. The form of the written notice and waiver shall be substantially as follows:
NOTICE AND WAIVER
RE:....................................................................................................................................
(Address or Brief Property Description)
Notice is hereby given, as required in section 19 of this act, that a mortgagees title insurance policy is to be issued to your mortgage lender. The policy does not afford title insurance protection to you in the event of a defect or claim of defect in title to the real estate which you are acquiring. An owners title insurance policy affording title insurance protection to you in the amount of your purchase price, or for the amount of your purchase price plus the cost of any improvements which you anticipate making, may be purchased by you. Section 19 of this act requires that you sign the statement printed below if you do not wish to purchase an owners title insurance policy.
.......................................................................
Name of Insurer Issuing Policy
We have received the foregoing notice, and waive our right to purchase an owners title insurance policy for our protection.
.......................................................................
Mortgagors
Sec. 20. 1. No policy or contract of title insurance may be completed or executed until the title insurer has or has caused to be:
(a) Conducted a reasonable search and examination of the title; and
(b) Determined the insurability of the title in accordance with its established underwriting practices.
2. Each title insurer shall maintain records and evidence of its search and examination and of its determination of insurability for a period of not less than 15 years after the date of the policy or contract.
Sec. 21. 1. No person may engage in business as a title plant company unless he has been granted a license to do so by the commissioner.
2. An applicant for a license to conduct business as a title plant company shall submit as part of his application:
(a) A copy of the proposed articles of incorporation or association and bylaws, or the partnership agreement, which will govern the operation of the business.
(b) A list of the owners or participants and the nature and degree of their interest.
(c) A list of the persons who will operate the business, and their addresses and qualifications, including experience.
(d) The conditions under which ownership or participation in the business may be sold or acquired.
κ1977 Statutes of Nevada, Page 983 (CHAPTER 475, SB 423)κ
(e) A statement of whether or not title information will be compiled for persons other than owners or participants in the business.
(f) A pro forma balance sheet and other financial information to indicate the sufficiency of financing of the business.
(g) Other information which the commissioner requires.
(h) A fee of $10.
3. If the commissioner finds that:
(a) The business of the applicant will be sufficiently financed;
(b) The persons who will be operating the business are qualified;
(c) The rules of operation expressed in the articles of incorporation or association and the bylaws, or in the partnership agreement, will promote the efficiency of the operation of the owners or participants; and
(d) The operation of the business will not unduly restrict competition,
he may issue a license to the applicant and permit organization of the business.
4. A license issued under this section is valid for a period of 1 year, and may be renewed by the submission of any information which the commissioner requires and a fee of $10.
5. A license issued under this section may be suspended or revoked by the commissioner if:
(a) The licensee ceases to operate in a manner set forth in its approved application.
(b) In the opinion of the commissioner, the operation of the business has become a restraint on competition or is not in the best interests of the public.
(c) The licensee has not informed the commissioner promptly of each change in conditions set forth in its application.
6. The commissioner shall give written notice to any licensee whose license he intends to suspend or revoke, and the licensee shall be granted a hearing if he requests it in writing within 15 days after the receipt of the notice from the commissioner. A decision of the commissioner after hearing is final administrative action.
7. This section does not apply to any person licensed under the provisions of this chapter engaged in the business of a title plant company when the operation is not in concert with others.
Sec. 22. 1. The net retained liability of any title insurer for a single risk, whether assumed directly or as reinsurance, may not exceed 50 percent of the sum of the capital, surplus, unearned premium reserve and voluntary reserves less the value assigned to its title plants, all as shown in the most recent report of the insurer which is on file in the office of the commissioner.
2. The commissioner may waive the limitation of this section for a particular risk upon application of the insurer and for good cause shown.
Sec. 23. 1. If the premiums and charges received from any one source through personal or controlled insurance exceed 25 percent of the total premiums and charges received by a title insurer during a calendar year, or if the premiums and charges received from all personal and controlled insurance exceed 50 percent of the total premiums and charges received by the title insurer during the calendar year, the excess of those percentages is an unlawful rebate under NRS 686A.130.
κ1977 Statutes of Nevada, Page 984 (CHAPTER 475, SB 423)κ
2. Personal or controlled insurance means a policy of title insurance under which one of the following is an insured, or the loss is payable to one of the following:
(a) The title insurer who issued the policy or any of the following:
(1) Any person who owns or controls a majority of the voting stock or a controlling interest, directly or indirectly, in the title insurer;
(2) A corporation which is directly or indirectly controlled by a person who also controls the title insurer; or
(3) A corporation which makes consolidated returns for federal income tax purposes with a title insurer or with a corporation which is listed in subparagraph (1) or (2) of this paragraph.
(b) A title insurance agent who is a natural person, his spouse, any person related to him within the second degree by blood or marriage, and:
(1) If his employer is a natural person, his employer, his employers spouse and any person related to his employer within the second degree by blood or marriage;
(2) If his employer is a corporation, any person who owns or controls a majority of the voting stock or a controlling interest in the corporation, either directly or indirectly; or
(3) If his employer is a partnership or association, any person owning an interest in the partnership or association.
(c) A title insurance agent which is a corporation, and:
(1) Any person who owns or controls, directly or indirectly, a majority of the voting stock or controlling interest in the corporation;
(2) Any corporation which is directly or indirectly controlled by a person who also controls the title insurance agent; or
(3) Any corporation which makes consolidated returns for federal income tax purposes with any corporation described in subparagraph (1) or (2) of this paragraph.
3. Interest which is held by an entity in a fiduciary capacity for the true or beneficial owner of the property need not be included in determinations of which insurance is personal or controlled.
Sec. 24. Nothing in this chapter prohibits the division of rates and charges between or among:
1. A title insurer and its agent;
2. Two or more title insurers;
3. One or more title insurers and one or more title agents; or
4. Two or more title agents,
if the division of rates and charges does not constitute an unlawful rebate under the laws of this state.
Sec. 25. NRS 681A.080 is hereby amended to read as follows:
681A.080 Title insurance [is insurance of owners of real or personal property or others having an interest therein, or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title.] means insuring, guaranteeing or indemnifying owners of property or holders of liens, encumbrances or security interests on the property, and others interested therein, against loss or damage suffered by reason of:
1. Liens, encumbrances, security interests and defects in, or the unmarketability of, the title to the property; or
κ1977 Statutes of Nevada, Page 985 (CHAPTER 475, SB 423)κ
2. Invalidity or unenforcibility of liens, encumbrances or security interests on the property,
and any other activity substantially equivalent to these activities.
Sec. 26. NRS 681B.090 and 692A.010 to 692A.040, inclusive, are hereby repealed.
Sec. 27. A title plant company which is required to be licensed under section 21 of this act and which is conducting its business on July 1, 1977, shall file an application as required by that section on or before July 1, 1978.
________
Senate Bill No. 469Senator Raggio
CHAPTER 476
AN ACT relating to the tort liability of the state and its political subdivisions; raising the monetary limitation on damages; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.035 is hereby amended to read as follows:
41.035 1. [No] An award for damages in an action sounding in tort brought under NRS 41.031 may not exceed the sum of [$25,000,] $35,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. [No such] An award may not include any amount as exemplary or punitive damages.
2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:
(a) Any public or quasi-municipal corporation organized under the laws of this state.
(b) Any person with respect to any land or water leased or otherwise made available by [such] that person to any public agency.
(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph shall not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.
The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other waters owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.
________
κ1977 Statutes of Nevada, Page 986κ
Assembly Bill No. 63Assemblymen Wagner, Murphy, Barengo, Price, Coulter, Polish, Jeffrey, Jacobsen, Dreyer, Howard, Rhoads and Weise
CHAPTER 477
AN ACT relating to governmental agencies; regulating their access to financial records of customers of certain financial institutions; providing penalties; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Customer means any person who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary.
Sec. 4. Financial institution means any banking corporation or trust company, building and loan association, savings and loan association, thrift company or credit union subject to regulation under the laws of this state.
Sec. 5. Financial records means:
1. Any original or any copy of any record or document held by a financial institution pertaining to a customer of the financial institution.
2. The information contained in such record or document.
Sec. 6. Governmental agency means an officer, board, commission, department, division, bureau, district or any other unit of government, including political subdivisions, of this state.
Sec. 7. Person means a natural person or partnership, corporation, association or any other legal entity.
Sec. 8. Except as provided in subsection 3 and sections 16 and 17 of this act:
1. An officer, employee or agent of a governmental agency shall not request or receive the financial records of any customer from a financial institution unless:
(a) The request relates to a lawful investigation of the customer;
(b) The financial records are described in the request with particularity and are consistent with the scope and requirements of the investigation; and
(c) The officer, employee or agent furnishes the financial institution with a customer authorization, subpena or search warrant authorizing examination or disclosure of such records as provided in this chapter.
2. A director, officer, employee or agent of a financial institution shall not provide or authorize another person to provide to an officer, employee or agent of a governmental agency any financial records of a customer if the director, officer, employee or agent of the financial institution knows or has reason to believe that the financial records are being requested in connection with an investigation of the customer, unless the request is accompanied by a customer authorization, subpena or search warrant authorizing examination or disclosure of such records as provided in this chapter.
κ1977 Statutes of Nevada, Page 987 (CHAPTER 477, AB 63)κ
requested in connection with an investigation of the customer, unless the request is accompanied by a customer authorization, subpena or search warrant authorizing examination or disclosure of such records as provided in this chapter.
3. This section does not apply to any officer, employee or agent of the state gaming control board who is acting with the written permission of the customer whose records are being requested.
Sec. 9. 1. A customer may authorize disclosure of financial records pertaining to him by signing and dating a statement in which he:
(a) Authorizes the disclosure for a period specified in the statement;
(b) Specifies the name of the governmental agency to which disclosure is authorized and, if applicable, the statutory purpose for which the information is to be obtained;
(c) Identifies the financial records which are authorized to be disclosed; and
(d) Indicates his understanding that he has the right at any time to revoke the authorization.
2. No such authorization shall be required by a financial institution as a condition of doing business with the financial institution.
3. A governmental agency authorized by a customer to examine his financial records shall notify the customer in writing within 30 days after the examination that the examination took place and that he has the right to request in writing the reasons for the examination. The notice shall also specify the financial records which were examined. The agency shall give the customer the reason for the examination in writing within 10 days after he requests it.
4. Except as provided in this section, a waiver by a customer of any right or procedure under this chapter, whether oral or written or with or without consideration, is invalid.
Sec. 10. 1. Except as provided in subsection 2, a subpena authorizing a governmental agency to obtain financial records may be served upon a financial institution only if:
(a) A copy of the subpena is served upon the customer in the manner provided by law for the service of subpenas, except that the copy may be served by an employee of the governmental agency;
(b) The subpena includes the name of the agency in whose name it is issued and the statutory purpose for which the information is to be obtained; and
(c) The customer has not moved to quash the subpena within 10 days after service of the copy of the subpena upon the customer.
2. A governmental agency issuing or seeking a subpena to obtain financial records may petition a court of competent jurisdiction to order that service upon the customer or the 10-day period provided in subsection 1 be waived or shortened. The court may issue the order upon a showing that the agency can reasonably infer from facts relevant to its investigation of the customer that a law subject to the agencys jurisdiction has been or is about to be violated. In granting a petition to waive service upon the customer, the court shall also order the agency to notify the customer in writing within a period determined by the court, but not to exceed 60 days. The notice shall specify the name of the agency in whose name the subpena was issued, the financial records which were examined under the subpena and the statutory purpose for which the information was obtained.
κ1977 Statutes of Nevada, Page 988 (CHAPTER 477, AB 63)κ
whose name the subpena was issued, the financial records which were examined under the subpena and the statutory purpose for which the information was obtained. The time of notification may be extended for additional 30-day periods upon petition and good cause shown.
3. A court may order a financial institution to withhold notification to a customer of the receipt of the subpena when the court issues an order under subsection 2 and if it finds that the notification would impede the investigation.
4. If a customer files a motion to quash the subpena, the proceedings on the motion shall be afforded priority on the court calendar and the matter shall be heard within 10 days after the filing of the motion.
Sec. 11. (Deleted by amendment.)
Sec. 12. When a search warrant affecting the financial records of a customer is issued, the magistrate may order the financial institution to withhold notification to the customer of receipt of the warrant upon a finding that the notification would impede the investigation.
Sec. 13. A governmental agency shall not provide financial records obtained under this chapter to any other governmental agency unless that other agency has independently obtained authorization to receive such financial records in accordance with the provisions of this chapter.
Sec. 14. 1. A financial institution is not required to inquire or determine that a governmental agency seeking disclosure of financial records has complied with the requirements of this chapter if the customer authorization, subpena or search warrant served upon the financial institution shows compliance on its face.
2. A financial institution which refuses to disclose the financial records of a customer in reliance in good faith upon the provisions of this chapter is not liable to its customer, to a governmental agency or to any other person for any loss or damage caused by the refusal.
Sec. 15. 1. A financial institution shall maintain for a period of 5 years a record of all examinations or disclosures of the financial records of a customer, including:
(a) The identity of the person examining the financial records;
(b) The name of the governmental agency he represented; and
(c) A copy of the customer authorization, subpena or search warrant providing for the examination or disclosure or a copy of the certification received pursuant to section 17 of this act.
2. Any record maintained under this section shall be available within 5 days after the request for examination or disclosure for review by the customer during normal business hours at the office or branch where the customers account was located when examined or disclosed. A copy of the record shall be furnished to the customer upon request and payment of the reasonable cost of the copy.
Sec. 16. Nothing in this chapter applies to any subpena issued pursuant to Title 14 of NRS or prohibits:
1. Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.
2. The attorney general, district attorney, department of taxation, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.
κ1977 Statutes of Nevada, Page 989 (CHAPTER 477, AB 63)κ
has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.
3. A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.
4. Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorized the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.
5. A financial institution from notifying a customer of the receipt of a subpena or a search warrant to obtain his financial records, except when ordered by a court to withhold such notification.
6. The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.
7. The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this state.
8. A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.
Sec. 17. When a district attorney, sheriff or police department in this state certifies to a bank in writing that a crime report has been filed which involves the alleged fraudulent use of drafts, checks or other orders drawn upon any bank in this state, the district attorney, sheriff or police department may request the bank to furnish and the bank shall supply a statement setting forth the following information with respect to the account of a customer named in the certification and covering a period 30 days prior to and up to 30 days following the date of occurrence of the alleged illegal act involving the account:
1. The number of items dishonored;
2. The number of items paid which created overdrafts;
3. The dollar volume of the dishonored items and items paid which created overdrafts and a statement explaining any credit arrangement between the bank and the customer to pay overdrafts;
4. The dates and amounts of deposits and debits and the account balance on those dates;
5. A copy of the signature and any addresses appearing on the customers signature card; and
6. The date the account opened and, if applicable, the date the account closed.
Sec. 18. 1. In addition to any other remedy provided by law, a customer aggrieved by a violation or threatened violation of the provisions of this chapter may seek injunctive relief as provided by law.
2. If a customer prevails in any proceeding to enforce any of the provisions of this chapter, he may recover costs and reasonable attorneys fees.
Sec. 19. Evidence obtained in violation of any of the provisions of this chapter is inadmissible in any proceeding except a proceeding to enforce the provisions of this chapter.
κ1977 Statutes of Nevada, Page 990 (CHAPTER 477, AB 63)κ
this chapter is inadmissible in any proceeding except a proceeding to enforce the provisions of this chapter.
Sec. 20. Any person who knowingly participates in or knowingly induces or attempts to induce a violation of any prohibition in this chapter is guilty of a misdemeanor.
Sec. 21. Chapter 11 of NRS is hereby amended by adding thereto a new section which shall read as follows:
An action based upon the violation of any of the provisions of sections 2 to 20, inclusive, of this act shall not be commenced more than 3 years after the date on which the violation occurred.
________
Assembly Bill No. 734Committee on Ways and Means
CHAPTER 478
AN ACT making an appropriation from the state general fund and the state highway fund to the state public works board for carrying out a program of capital improvements for the State of Nevada; specifying certain powers, duties and requirements of the state public works board respecting the program; and providing other matters properly relating thereto.
[Approved May 12, 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 $7,201,546 to support the board in carrying out a program of capital improvements summarized as follows:
1. Capital improvements for the Northern Nevada womens correctional center, Project 77-3 $150,200
2. Capital improvements for the department of human resources, Projects 77-4, 77-5, 77-10, 77-14, 77-17, street improvements, Southern Nevada childrens home................. $3,140,500
3. Capital improvements for the department of the military, Projects 77-6, 77-34, 77-37, 77-38 $184,061
4. Capital improvements for general state agencies, Projects 77-7, 77-8, 77-9, 77-11, 77-12, 77-20, fencing at Governors mansion; elevator, Nye building; and Las Vegas motor pool $1,520,450
5. Capital improvements for the department of fish and game, Projects 77-13, 77-42 $996,000
6. Capital improvements for the state department of conservation and natural resources, Projects 77-29, 77-30, 77-31, office and storage facility, division of forestry, NYTC and a division of forestry western area headquarters facility, Washoe Valley, Nevada....................... $1,210,335
Sec. 2. There is hereby appropriated from the state highway fund to the state public works board the sum of $98,250 to support the board in carrying out a program of capital improvements for the department of motor vehicles, Projects 77-18, 77-23, and a Las Vegas motor pool.
κ1977 Statutes of Nevada, Page 991 (CHAPTER 478, AB 734)κ
Sec. 3. 1. The state public works board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act shall be approved by the state public works board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5, the state public works board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
5. The state public works board is not required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state public works board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 4. The act shall become effective upon passage and approval.
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Assembly Bill No. 209Committee on Judiciary
CHAPTER 479
AN ACT relating to the state personnel system; providing for notice of dismissal or certain disciplinary actions; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.385 is hereby amended to read as follows:
284.385 1. An appointing authority may:
(a) Dismiss or demote any permanent classified employee when he considers that the good of the public service will be served thereby.
κ1977 Statutes of Nevada, Page 992 (CHAPTER 479, AB 209)κ
(b) Suspend without pay, for disciplinary purposes, a permanent employee for a period not to exceed 30 days.
2. [In case of a dismissal or suspension, the chief shall be furnished with a statement in writing specifically setting forth the reasons for such dismissal or suspension. A copy of the statement shall be furnished to the employee.] A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the dismissal, involuntary demotion or suspension and the reasons therefor. The notice may be delivered personally to the employee or mailed to him at his last known address by registered or certified mail, return receipt requested. If the notice is mailed, the effective date of the dismissal, involuntary demotion or suspension shall be deemed to be the date of delivery or if the letter is returned to the sender, 3 days after mailing.
3. No employee in the classified service shall be dismissed for religious or racial reasons.
Sec. 2. NRS 284.390 is hereby amended to read as follows:
284.390 1. Within 30 days after receipt of a copy of the statement provided for in [subsection 2 of] NRS 284.385, an employee who has been dismissed, demoted or suspended may, in writing, request a hearing before the hearing officer of the personnel division to determine the reasonableness of such action. If an employee utilizes an internal grievance adjustment procedure adopted by the commission, such employee shall have 30 days following the final disposition of the internal proceeding to request, in writing, a hearing before the hearing officer.
2. The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employees written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing or review calendar of the hearing officer, in which case the hearing shall be scheduled for the earliest possible date after the expiration of the 20 days.
3. At the hearing of such appeal, technical rules of evidence do not apply.
4. After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.
5. If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, such action shall be set aside and the employee shall be reinstated, with full pay for the period of dismissal, demotion or suspension.
6. The decision of the hearing officer is binding on the parties, but is subject to review and rehearing by the commission.
7. Within 30 days after receipt of notice of the decision of the hearing officer rendered pursuant to this section, the employee or the appointing authority may, in writing, request that the commission review such decision for the purpose of determining whether to grant a hearing before the commission.
8. Within 30 days after receipt of a request for review pursuant to subsection 7, the commission shall review the decision of the hearing officer and shall either grant or deny a hearing before the commission.
9. If a hearing before the commission is granted, it shall be held within 60 days after receipt of the request for review and it shall be a hearing de novo.
κ1977 Statutes of Nevada, Page 993 (CHAPTER 479, AB 209)κ
hearing de novo. The technical rules of evidence do not apply at such hearing.
10. After the hearing and consideration of the evidence, the commission shall render its decision in writing, setting forth the reasons therefor. The decision of the commission supersedes the decision of the hearing officer and is binding on the parties.
Sec. 3. The provisions of subsection 2 of NRS 284.385, as amended by section 1 of this act, apply to all actions commenced by an appointing authority under subsection 1 of NRS 284.385 on and after July 1, 1977.
Sec. 4. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 454Committee on Commerce
CHAPTER 480
AN ACT relating to professions, occupations and businesses; providing for contracts by government employee organizations for professional services on a prepaid basis; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 54 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Employee organization means an organization of any kind whose members are government employees and has as one of its purposes the improvement of the terms and conditions of employment of government employees.
2. Person means a natural person or a partnership, corporation or association.
3. Professional service means any type of personal service which may legally be performed only pursuant to a license, certificate of registration or other legal authorization issued by this state, except services provided by any person licensed under chapter 630 or 633 of NRS or by any health and care facility.
Sec. 3. 1. An employee organization may enter into a contract or other type of agreement with any person authorized in this state to provide professional services for the purpose of making the services available to members of the organization.
2. The contract or agreement shall provide that the organization will make periodic payments to the person rendering the professional services and such payments will be made only after the services have been performed.
Sec. 4. The employee organization shall:
1. Establish procedures for collecting assessments from its members for the professional services; and
κ1977 Statutes of Nevada, Page 994 (CHAPTER 480, AB 454)κ
2. Report to its members the amount of money collected and the types of professional services which are available.
Sec. 5. 1. The employee organization is trustee of any money collected from its members for the payment of professional services.
2. Any claim by a member on account of money paid in shall be made against the employee organization.
________
Assembly Bill No. 267Committee on Judiciary
CHAPTER 481
AN ACT relating to medical-legal screening panels; expanding the membership of tentative panels; extending the time for peremptory challenges; providing for a request for a hearing; empowering a panel to issue subpenas; exempting certain communications and meetings from the doctor-patient privilege and the provisions of chapter 241 of NRS respectively; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41A.010 is hereby amended to read as follows:
41A.010 As used in NRS 41A.020 to 41A.090, inclusive, and sections 7 and 8 of this act, unless the context otherwise requires:
1. Administrator means a screening panel administrator designated by the board of governors of the State Bar of Nevada [or] , the executive committee of the Nevada State Medical Association [.] or the board of directors of the Nevada Nurses Association.
2. Medical malpractice means neglect or negligence that imports a want of such attention to the natural or probable consequences of an act or omission of an act or standard of care as would reasonably be expected of an ordinarily prudent physician [.] or nurse.
3. Nurse means a person who has been licensed as a professional nurse by the state board of nursing pursuant to chapter 632 of NRS.
4. Physician means a person who is a graduate of an academic program approved by the board of medical examiners of the State of Nevada and has been issued a license by the board of medical examiners of the State of Nevada pursuant to chapter 630 of NRS.
[4.] 5. Screening panel means a joint medical-legal screening panel composed of attorneys and physicians or a medical-legal screening panel composed of attorneys, physicians and nurses selected from a tentative screening panel to hear a particular medical malpractice claim.
[5.] 6. Tentative screening panel means a [joint] medical-legal panel of persons proposed by the board of governors of the State Bar of Nevada [and] , the executive committee of the Nevada State Medical Association or the board of directors of the Nevada Nurses Association for service on screening panels.
κ1977 Statutes of Nevada, Page 995 (CHAPTER 481, AB 267)κ
Sec. 2. NRS 41A.030 is hereby amended to read as follows:
41A.030 1. The board of governors of the State Bar of Nevada shall designate [nine] 20 of its members to serve on the northern tentative screening panel and [nine] 20 to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year. The executive secretary of the State Bar of Nevada, or such other person as may be designated by the board of governors, shall serve as the attorneys screening panel administrator.
2. The executive committee of the Nevada State Medical Association shall designate [nine] 20 of its members to serve on the northern tentative screening panel and [nine] 20 to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year. The executive director of the Nevada State Medical Association, or such other person as the executive committee may designate, shall serve as the physicians screening panel administrator.
3. The board of directors of the Nevada Nurses Association shall designate 20 of its members to serve on the tentative screening panel when a medical malpractice claim is made against a nurse individually and a physician is not joined in the claim. Each person so designated shall serve for a term of 1 year. The executive director of the Nevada Nurses Association, or such other person as the board of directors may designate, shall serve as the nurses screening panel administrator.
4. At least [10] 30 days in advance of a scheduled malpractice hearing the respective administrators shall provide to both parties lists of the names of attorneys and physicians and, if the particular malpractice claim is made against a nurse individually and a physician is not joined in the claim, a list of the names of nurses serving on the tentative screening panel for the geographic area involved. Each party shall strike from the list the name of any person who has rendered professional services to the party and may strike up to three peremptory challenges from [the] each list [of attorneys and three from the list of physicians] and shall return the lists, with challenges, to the administrators within [5] 10 days.
[4. The administrator for each profession shall]
5. If the claim involves a physician, the administrators for the legal and medical professions shall each select three persons from among those not challenged from the list of persons serving from the profession he represents. If the claim is against a nurse only, the administrator for the legal profession shall so select three persons, the administrator for the medical profession shall so select two persons, and the administrator for the nursing profession shall select one person. The [six] persons so selected shall constitute the screening panel for the particular medical malpractice claim to be heard, and the administrators shall immediately notify the parties and each of the members selected.
[5.] 6. The screening panel shall designate one of its members as chairman.
Sec. 3. NRS 41A.040 is hereby amended to read as follows:
41A.040 The screening panels are state agencies. Their administrators shall [jointly] adopt the required rules of practice, which shall be uniform for the [two] panels. All medical malpractice claims against any physician, his associates, servants, agents or employees, or against any nurse individually where a physician is not joined in the claim, shall be submitted and heard by the appropriate screening panel pursuant to the uniform procedural rules adopted by the administrators.
κ1977 Statutes of Nevada, Page 996 (CHAPTER 481, AB 267)κ
nurse individually where a physician is not joined in the claim, shall be submitted and heard by the appropriate screening panel pursuant to the uniform procedural rules adopted by the administrators.
Sec. 4. NRS 41A.050 is hereby amended to read as follows:
41A.050 [All medical malpractice claims against any physician, his associates, servants, agents or employees shall be submitted and heard by the appropriate screening panel pursuant to the uniform procedural rules adopted by the administrators.]
1. A claim is properly presented to a screening panel by delivery of a request for hearing to any screening panel administrator in person or by registered or certified mail.
2. The request for hearing shall contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice.
Sec. 5. NRS 41A.090 is hereby amended to read as follows:
41A.090 1. In any case where a screening panel determines, by a majority vote of the members present who have sat on all hearings pertaining to the case, that the acts complained of were or reasonably might constitute professional negligence, and the claimant was or may have been injured thereby, or if there is an equal division of opinion of a panel on either or both of these issues, the panel, its members, and the Nevada State Medical Association shall provide a suitable witness who shall be a physician qualified in the field of medicine involved who shall, upon payment of a reasonable fee, consult and testify on behalf of the claimant to the same effect as if the physician had been employed originally by the claimant. If no suitable witness is available in the area in which the trial is held, the Nevada State Medical Association shall cooperate in providing a suitable witness from elsewhere.
2. Copies of the original complaint and of the findings of each screening panel with regard to each matter considered by the panel shall be forwarded to:
(a) The board of medical examiners of the State of Nevada;
(b) The county medical society of the county in which the alleged malpractice occurred; [and]
(c) If the screening panel includes nurses, the state board of nursing;
(d) The attorney general of the State of Nevada [.] ; and
(e) The commissioner of insurance.
Sec. 6. Chapter 41A of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.
Sec. 7. 1. A screening panel 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 chairman of the screening panel 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 screening panel pursuant to this section; and
κ1977 Statutes of Nevada, Page 997 (CHAPTER 481, AB 267)κ
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the screening panel 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 screening panel.
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 screening panel. 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 screening panel, the court shall enter an order that the witness appear before the screening panel 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. 8. The provisions of chapter 241 of NRS do not apply to any meeting of a screening panel.
Sec. 9. NRS 49.245 is hereby amended to read as follows:
49.245 [1.] There is no privilege under NRS 49.225 or 49.235: [for]
1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. [If the judge orders an examination of the condition of the patient,] As to communications made in the course [thereof are not privileged under NRS 49.225 or 49.235] of a court-ordered examination of the condition of a patient with respect to the particular purpose [for which] of the examination [is ordered] unless the [judge] court orders otherwise.
3. [There is no privilege under NRS 49.225 or 49.235 as] As to communications relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. [There is no privilege under NRS 49.225 or 49.235:
(a)] In a prosecution or mandamus proceeding under chapter 441 of NRS.
[(b)] 5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.
6. In a hearing before a screening panel under chapter 41A of NRS.
Sec. 10. NRS 241.020 is hereby amended to read as follows:
241.020 Except as otherwise provided in NRS 241.030 [,] and any other statute which provides a specific exemption, all meetings of public agencies, commissions, bureaus, departments, public corporations, municipal corporations and quasi-municipal corporations and political subdivisions shall be open and public, and all persons shall be permitted to attend any meeting of these bodies.
κ1977 Statutes of Nevada, Page 998 (CHAPTER 481, AB 267)κ
Sec. 11. Sections 3 and 9 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Senate Bill No. 88Committee on Transportation
CHAPTER 482
AN ACT relating to motor vehicles; adding to the category of drivers license suspensions required to run consecutively; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.490 is hereby amended to read as follows:
483.490 1. Unless otherwise provided by law, the department may not suspend a license for a period of more than 1 year.
2. The department may, after the expiration of 1 year from the date of revocation of a license and when the period of [such] revocation exceeds 1 year, issue a drivers license to an applicant permitting [such] the applicant to drive a motor vehicle for purposes of his employment only, if the department is satisfied that a severe hardship exists.
3. The periods of suspensions and revocations under this chapter and under NRS 484.385 shall run consecutively, except as provided in NRS 483.470, when the [suspension] suspensions shall run concurrently.
________
Senate Bill No. 140Senator Raggio
CHAPTER 483
AN ACT relating to mobile homes; providing for the expiration of certain tax liens upon the sale of a mobile home; providing for disposition of copies of dealers report of sale; requiring county assessors endorsement that taxes have been paid before department of motor vehicles may issue certificate of ownership; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.423 is hereby amended to read as follows:
482.423 1. When a new vehicle is sold in this state, the seller shall complete and execute a dealers report of sale. The dealers report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If the connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee shall be entered on the dealers report of sale.
κ1977 Statutes of Nevada, Page 999 (CHAPTER 483, SB 140)κ
to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee shall be entered on the dealers report of sale.
2. The seller shall submit the original of the dealers report of sale to the department within 10 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale or within 10 days after the date of sale, whichever is later, unless an extension of time is granted by the department, and shall furnish one copy to the buyer. One copy shall be affixed to the right front windshield of the vehicle, which shall permit the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
3. In addition to the requirements of subsection 2, a dealer who sells a new mobile home shall deliver the buyers copy of the report of sale to him at the time of sale and shall submit another copy within 10 days after the date of sale to the county assessor of the county in which the mobile home will be located.
Sec. 2. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealers or rebuilders report of sale. The dealers or rebuilders report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of such sale, or if in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party shall be entered on the dealers or rebuilders report of sale.
2. The seller shall submit the original of the dealers or rebuilders report of sale to the department within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale, unless an extension of time is granted by the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for such vehicle, and shall furnish one copy to the buyer. One copy shall be affixed to the front right windshield of the vehicle, which shall permit the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
3. In addition to the requirements of subsection 2, a dealer who sells a used mobile home shall deliver the buyers copy of the report of sale to him at the time of sale and shall submit another copy within 10 days after the date of sale to the county assessor of the county in which the mobile home will be located.
Sec. 3. NRS 482.427 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1000 (CHAPTER 483, SB 140)κ
482.427 1. [Upon] Except as provided in subsection 2, upon receipt of the documents required respectively by NRS 482.423, 482.424 and 482.426 to be submitted to it, the department shall issue a certificate of ownership.
2. The department shall not issue a certificate of ownership of a used mobile home upon receipt of the documents required by NRS 482.426 to be submitted to it, unless the county assessor of the county in which the mobile home was situate at the time of sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.
3. Every certificate of ownership issued for a used mobile home shall contain a warning, printed or stamped on its face in red, to the effect that title to a used mobile home does not pass until the county assessor of the county in which the mobile home was situate at the time of sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.
4. If no security interest is created or exists in connection with the sale, the certificate of ownership shall be issued to the buyer.
[3.] 5. If the security interest is created by the sale, the certificate of ownership shall be issued to the secured party or to his assignee.
Sec. 4. NRS 361.450 is hereby amended to read as follows:
361.450 1. [Every] Except as provided in subsection 3, every tax levied under the provisions of or authority of this chapter shall be a perpetual lien against the property assessed until such taxes and any penalty charges and interest which may accrue thereon shall be paid.
2. The lien shall attach on the 1st Monday in September prior to the date on which the taxes are levied, and shall be upon all property then within the county. The lien shall attach upon all other property on the day it is moved into the county. If real and personal property are assessed against the same owner, a lien shall attach upon such real property also for the tax levied upon the personal property within the county; and a lien for taxes on personal property shall also attach upon real property assessed against the same owner in any other county of the state from the date on which a certified copy of any unpaid property assessment is filed for record with the county recorder in the county in which the real property is situated.
3. All liens for taxes levied under this chapter which have already attached to a mobile home expire on the date when the mobile home is sold, except the liens for personal property taxes due in the county in which the mobile home was situate at the time of sale, for any part of the 12 months immediately preceding the date of sale.
4. All special taxes levied for city, town, school, road or other purposes throughout the different counties of this state shall be a lien on the property so assessed, and shall be assessed and collected by the same officer at the same time and in the same manner as the state and county taxes are now or may hereafter be assessed and collected.
Sec. 5. NRS 361.561 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1001 (CHAPTER 483, SB 140)κ
361.561 As used in NRS 361.562 to 361.5644, inclusive:
1. Camper-shell means a covered canopy mounted on a motor vehicle, and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
2. Mobile home means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
3. Slide-in camper means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use. Slide-in camper does not include a camper-shell.
4. Those units identified as chassis-mount camper, mini motor home, motor home, travel trailer, utility trailer and van conversion, in chapter 482 of NRS and any other vehicle required to be registered with the department of motor vehicles are subject to the personal property tax unless registered and taxed pursuant to chapter 371 of NRS. Such unregistered units and vehicles shall be taxed in the manner provided in [subsections 2 and 3 of NRS 361.562 and NRS 361.563] NRS 361.562 to 361.5644, inclusive.
Sec. 6. NRS 361.562 is hereby amended to read as follows:
361.562 1. [Upon receipt of every report of sales of mobile homes from a dealer, the department of motor vehicles shall immediately give written notice to the county assessor of each county in which is contained the address of a purchaser of a mobile home as shown in such report.
2.] If the purchaser of a mobile home or slide-in camper does not pay the personal property tax thereon, upon taking possession, he shall, within 30 days from the date of its purchase:
(a) Pay to the county assessor all personal property taxes [levied] which the assessor is required to collect against such mobile home or slide-in camper and its contents; or
(b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property.
[3.] 2. The county assessor shall collect the tax required to be paid by subsection [2,] 1, in the manner prescribed by law for the collection of other personal property taxes.
Sec. 7. NRS 361.563 is hereby amended to read as follows:
361.563 Every person who brings into the State of Nevada [or purchases from a person other than a dealer] any mobile home or slide-in camper on which the personal property tax has not been paid in this state [for the current fiscal year] shall within 30 days from the date of entry [or purchase] comply with the provisions of [paragraph (a) or (b) of subsection 2] subsection 1 of NRS 361.562.
Sec. 8. NRS 361.5642 is hereby amended to read as follows:
361.5642 Every person who on July 1 owns any mobile home or slide-in camper situated in the State of Nevada shall within 30 days thereafter comply with the provisions of [paragraph (a) or (b) of subsection 2] subsection 1 of NRS 361.562.
κ1977 Statutes of Nevada, Page 1002 (CHAPTER 483, SB 140)κ
slide-in camper situated in the State of Nevada shall within 30 days thereafter comply with the provisions of [paragraph (a) or (b) of subsection 2] subsection 1 of NRS 361.562.
Sec. 9. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser or owner of a mobile home or slide-in camper fails to comply with the provisions of [paragraph (a) or (b) of subsection 2] subsection 1 of NRS 361.562 or with the provisions of NRS 361.563 or 361.5642 within the required time the county assessor shall collect a penalty, which shall be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:
(a) If the tax on a mobile home is paid within 1 month after it is due, $3, and if paid on any unit or vehicle mentioned in subsection 4 of NRS 361.561 within 1 month, $1.
(b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on any unit or vehicle mentioned in subsection 4 of NRS 361.561 more than 1 month after it is due, $1 for each such month.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562, 361.563 or 361.5642 neglects or refuses to pay such tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home or slide-in camper upon which such taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty shall be computed for each fiscal year from:
(a) The date of purchase within or importation into this state, under NRS 361.562 and 361.563.
(b) July 1, under NRS 361.5642.
________
Senate Bill No. 174Committee on Finance
CHAPTER 484
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1977, and ending June 30, 1978, and commencing July 1, 1978, and ending June 30, 1979; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1977, and ending June 30, 1978, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
κ1977 Statutes of Nevada, Page 1003 (CHAPTER 484, SB 174)κ
Sec. 2. For the fiscal year commencing July 1, 1978, and ending June 30, 1979, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 180Committee on Government Affairs
CHAPTER 485
AN ACT relating to unincorporated towns; providing for additional powers for certain towns; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of NRS 269.016 to 269.022, inclusive, and 269.024 to 269.0248, inclusive, apply to each unincorporated town in a county having a population of less than 200,000 which has not elected to accept the provisions of the Unincorporated Town Government Law (NRS 269.500 to 269.625, inclusive).
Sec. 2. NRS 269.530 is hereby amended to read as follows:
269.530 The provisions of the Unincorporated Town Government Law apply:
1. [In] To each unincorporated town in 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.
2. [In] To each unincorporated town in any other county [having a population of less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, upon approval] , upon the passage of an ordinance adopting the Unincorporated Town Government Law by the board of county commissioners. [of such county.]
Sec. 3. NRS 269.575 is hereby amended to read as follows:
269.575 1. Town services, any one of which or any combination of which may be supplied to the residents of a particular unincorporated town include, but need not be limited to:
(a) Cemetery;
(b) Dump stations and sites;
(c) Fire [(volunteer);] protection;
(d) Flood control and drainage;
κ1977 Statutes of Nevada, Page 1004 (CHAPTER 485, SB 180)κ
(e) Garbage collection;
(f) Parks [(neighborhood)];
(g) Recreation;
(h) Sewage collection;
(i) Streets;
(j) Street lights;
(k) Swimming pools;
(l) Television translator;
(m) Water distribution; and
(n) Acquisition, maintenance and improvement of town property.
2. Each unincorporated town shall be limited to that service or those services whose supply provided the basis for the formation of the town, as adjusted from time to time pursuant to NRS 269.570.
________
Senate Bill No. 197Senators Gojack, Wilson, Gibson, Echols, Raggio, Hilbrecht, Young, Faiss, Foote, Neal, Blakemore, Sheerin, Bryan, Hernstadt, Schofield and Glaser
CHAPTER 486
AN ACT relating to state government; temporarily establishing the office of state science adviser; providing his powers and duties; and providing other matters properly relating thereto.
[Approved May 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The office of state science adviser is hereby created on a trial basis to determine which of the elements listed in section 3 of this act are the most needed and most pertinent in this state at the present time and to provide the design for a program incorporating those elements.
Sec. 2. The state science adviser shall:
1. Be appointed by the governor from a list of one-year sabbatical applicants acceptable to the board of regents of the University of Nevada System.
2. Be experienced or knowledgeable in the application of science and technology to business, industry or public problems and shall have demonstrated his interest in or ability to contribute to the development of programs, communication and use of science and technology in governmental organizations in this state.
3. Receive the travel and subsistence allowances fixed by law for state officers and employees.
4. Be located in the office of the state planning coordinator for administrative support.
Sec. 3. The state science adviser shall:
1. Assist the departments of state government in the use of science and technology in governmental operations.
κ1977 Statutes of Nevada, Page 1005 (CHAPTER 486, SB 197)κ
2. Develop programs of cooperation on matters of science and technology among governmental agencies, educational institutions and business and industry in the state.
3. Further communication between state or local government agencies and educational institutions, professional societies, federal research and development centers and other federal agencies, particularly those seeking to identify state government information needs and integrate them into federal research and development plans.
4. Coordinate research and development in scientific areas among all units of government and assist in the application of existing research and development results and in the evaluation of state investment in research and development.
5. Respond to specific requests from the executive, legislative and judicial departments for assistance on the scientific and technological aspects of public policy issues.
6. Assist the departments of state government in developing and strengthening in-house resources concerning scientific and technological issues.
7. Identify for gubernatorial and legislative consideration state opportunities and problems having scientific and technological implications.
8. Periodically perform:
(a) A comprehensive investigation of Nevadas resources and future needs, selecting priority areas of scientific concern, examining conflicting requirements for limited resources and the socioeconomic effect caused by resource developments and forecasting and assessing technological developments and their effects on Nevada.
(b) Short-term technology assessments in priority areas of scientific concern to this state.
9. Advise the governor and the legislature on legislation respecting science and technology.
10. With the approval of the state planning coordinator, apply for, receive and disburse money or other contributions from federal sources or any other source to carry out the provisions of this section.
11. Attend to such other matters as may be assigned by the governor or prescribed by law.
12. Submit annually, on February 1, to the governor and the legislative counsel bureau a report of the activities of his office for the preceding calendar year. The first report shall contain recommendations on the scope of the program as well as recommendations on whether the office should be continued.
Sec. 4. All officers, boards, commissions, councils, departments, divisions, bureaus, districts and any other unit of government, including the political subdivisions of this state, shall upon the request of the state science adviser provide him with any information they may have concerning research in science and technology and shall otherwise cooperate in every possible manner to assist him in carrying out his duties under the law.
Sec. 5. This act expires by limitation on June 30, 1979.
________
κ1977 Statutes of Nevada, Page 1006κ
Senate Bill No. 281Senator Faiss
CHAPTER 487
AN ACT relating to workmens compensation; enlarging the circumstances for the compensation of permanent partial disability by a lump sum; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The percentage of disability shall be determined by the commission. The determination shall be made by a physician designated by the commission, or board of physicians, in accordance with the current American Medical Association publication, Guides to the Evaluation of Permanent Impairment.
3. No factors other than the degree of physical impairment of the whole man [shall] may be considered in calculating the entitlement to permanent partial disability compensation.
4. Each 1 percent of impairment of the whole man shall be compensated by monthly payment of 0.5 percent of the claimants average monthly wage. Compensation shall commence on the date of the injury or the day following termination of temporary disability compensation, if any, whichever is later, and shall continue on a monthly basis for 5 years or until the 65th birthday of the claimant, whichever is later.
(a) The commission may pay compensation benefits annually to claimants with less than a 25 percent permanent partial disability.
(b) The commission may advance up to 1 years permanent partial disability benefits to an injured workman who demonstrates a dire financial need that is not met by the ordinary monthly benefit. Monthly permanent partial disability benefits will not begin until the total advance is offset.
(c) [A claimant injured on or after July 1, 1973, and incurring a disability that does not exceed 12 percent may elect to receive his compensation in a lump-sum payment calculated at 50 percent of the average monthly wage for each 1 percent of disability, less any permanent partial disability benefits already received.] A permanent partial disability award may be paid in a lump sum under the following conditions:
(1) A claimant injured on or after July 1, 1973, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum.
(2) A claimant injured on or after July 1, 1973, who incurs a disability that exceeds 12 percent may, upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the commission to receive his compensation in lump sum.
κ1977 Statutes of Nevada, Page 1007 (CHAPTER 487, SB 281)κ
is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the commission to receive his compensation in lump sum.
(3) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615 is entitled to a lump sum equal to the present value of the deceased claimants undisbursed permanent partial disability award.
(d) The commission shall adopt regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.
(e) Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, shall be supplemented if necessary to conform to the provisions of this section.
(f) The total lump sum payment for disablement shall not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable shall be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value shall be calculated using monthly payments in the amounts prescribed in subsection 4 and actuarial annuity tables adopted by the commission. The tables shall be reviewed annually by a consulting actuary.
[5.] 6. (a) [Death of the employee terminates entitlement to permanent partial disability compensation.
(b)] An employee receiving permanent total disability compensation is not entitled to permanent partial disability compensation during the period when he is receiving permanent total disability compensation.
[(c)] (b) An employee receiving temporary total disability compensation is not entitled to permanent partial disability compensation during the period of temporary total disability.
[(d)] (c) An employee receiving temporary partial disability compensation is not entitled to permanent partial disability compensation during the period of temporary partial disability.
6. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
7. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
8. The increase in compensation and benefits effected by the amendment of this section [shall not be] is not retroactive [.] for accidents which were incurred before July 1, 1973.
9. This section does not entitle any person to double payments on account of death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
κ1977 Statutes of Nevada, Page 1008 (CHAPTER 487, SB 281)κ
permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
________
Senate Bill No. 309Senator Blakemore
CHAPTER 488
AN ACT relating to motor vehicle registration; adding to the code letters authorized for use on passenger car license plates in Clark and Washoe counties; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.270 is hereby amended to read as follows:
482.270 1. The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may, in his discretion, substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates shall be [so] treated [as] to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and:
(a) If issued for a calendar year, such year.
(b) If issued for a registration period other than a calendar year, the month and year such registration expires.
4. The registration numbers assigned to passenger cars shall be coded for Carson City and the several counties and consecutively numbered. The code letters shall be at the left of the number plate, as follows:
Carson City, OR or ORA to ORZ, inclusive, and when exhausted OAA to OZZ, inclusive:
Churchill, CH or CHA to CHZ, inclusive, and when exhausted FAA to FZZ, inclusive;
Clark, C or CA to CZ, inclusive, or CAA to CZZ, inclusive [;] , and when exhausted TAA to TZZ, inclusive;
Douglas, DS or DSA to DSZ, inclusive, and when exhausted DAA to DZZ, inclusive;
Elko, EL or ELA to ELZ, inclusive, and when exhausted EAA to EZZ, inclusive, except the respective series ESA to ESZ and EUA to EUZ;
κ1977 Statutes of Nevada, Page 1009 (CHAPTER 488, SB 309)κ
Esmeralda, ES or ESA to ESZ, inclusive;
Eureka, EU or EUA to EUZ, inclusive;
Humboldt, HU or HUA to HUZ, inclusive;
Lander, LA or LAA to LAZ, inclusive;
Lincoln, LN or LNA to LNZ, inclusive;
Lyon, LY or LYA to LYZ, inclusive, and when exhausted LBB to LZZ, inclusive;
Mineral, MN or MNA to MNZ, inclusive, and when exhausted MAA to MZZ, inclusive;
Nye, NY or NYA to NYZ, inclusive, and when exhausted NAA to NZZ, inclusive;
Pershing, PE or PEA to PEZ, inclusive, and when exhausted PAA to PZZ, inclusive;
Storey, ST or STA to STZ, inclusive;
Washoe, W or WAA to WZZ, inclusive [; and] , except WPA to WPZ, inclusive, and when exhausted KAA to KZZ, inclusive; and
White Pine, WP or WPA to WPZ, inclusive, and when exhausted ZAA to ZZZ, inclusive.
Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles and motorcycles, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for Carson City and each county as the need may be. [The letters H, I, O, P, Q and U shall not be used as the second letter in Clark and Washoe counties.]
5. The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.
6. No number plates may contain more than six letters and numbers in combination.
7. All letters and numbers shall be of the same size.
8. The director may omit letters added to a single- or double-letter county code when appropriate to avoid misleading or offensive combinations.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1977.
________
κ1977 Statutes of Nevada, Page 1010κ
Senate Bill No. 353Senators Gojack, Gibson, Wilson, Neal, Young, Hilbrecht, Close, Faiss, Blakemore, Echols, Sheerin and Foote
CHAPTER 489
AN ACT relating to elections; adding explanations of statewide measures to matter prescribed for inclusion in ballots and official publication of measures in newspapers; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
2. He shall prescribe [the arrangement of] with respect to the matter to be printed on every kind of ballot: [, including:]
(a) The placement and listing of all offices, candidates and [issues] measures upon which voting is statewide, which shall be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and [issues] measures upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
(c) A condensation of each [issue or proposition or] proposed constitutional amendment or statewide measure into a question. [not exceeding 25 words, written in easily understood language.] Each [such] condensation shall be placed nearest the spaces or devices for indicating the voters choice.
(d) An explanation, to be included on all sample ballots, of each proposed constitutional amendment or statewide measure, including arguments for and against it.
3. The condensations and explanations shall be prepared by the secretary of state, upon consultation with the attorney general and the legislative counsel, in easily understood language and reasonable length, and whenever feasible shall be completed by April 1 of the year in which the general election is to be held.
4. The names of candidates for township and legislative or special district offices shall be printed only on the ballots furnished to voters of such township or district.
[4.] 5. County clerks may divide paper ballots into two sheets in [such] a manner [as to provide] which provides a clear understanding and grouping of all [questions] measures and candidates.
Sec. 2. NRS 293.253 is hereby amended to read as follows:
293.253 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or [question] statewide measure which will appear on the general election ballot [.]
κ1977 Statutes of Nevada, Page 1011 (CHAPTER 489, SB 353)κ
ballot [.] together with the explanation prepared pursuant to NRS 293.250.
2. Whenever feasible, he shall provide such copies on or before the 1st Monday in August of the year in which such proposals will appear on the ballot. Copies of any additional proposals shall be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of any such constitution, amendment or [question] measure and its explanation to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the 1st Monday in October. If no such newspaper is published in the county, then [such] the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. When a copy is furnished by the secretary of state too late to be published at 7-day intervals, it shall be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions and explanations of proposed constitutions, constitutional amendments or statewide measures is a charge against the state and shall be paid from the reserve for statutory contingency fund upon recommendation by the secretary of state and approval by the state board of examiners.
Sec. 3. 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, 293.253, 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, 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. 4. 1. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1977.
2. Section 3 of this act shall become effective at 12:04 a.m. on July 1, 1977.
________
κ1977 Statutes of Nevada, Page 1012κ
Senate Bill No. 376Senators Wilson and Hilbrecht
CHAPTER 490
AN ACT relating to boards of trustees of school districts; providing procedures for the adoption, repeal or amendment of board policies and regulations concerning certain subjects; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 3, each board of trustees in any 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 shall give 30 days notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice shall:
(a) Include a description of the subject or subjects involved and shall state the time and place of the meeting at which the matter will be considered by the board; and
(b) Be mailed to the following persons from each of the schools affected:
(1) The principal;
(2) The president of the parent-teacher association or similar body; and
(3) The president of the classroom teachers organization or other collective bargaining agent.
A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, shall be made available for inspection by the public in the office of the superintendent of schools of the school district at least 30 days before its adoption.
2. All persons interested in a proposed policy or regulation or change in a policy or regulation shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.
3. Emergency policies may be adopted by the board upon its own finding that an emergency exists.
4. This section applies to policies and regulations concerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, except as provided in chapter 391 of NRS.
________
κ1977 Statutes of Nevada, Page 1013κ
Senate Bill No. 424Committee on Finance
CHAPTER 491
AN ACT relating to salaries and compensation of certain elected state officers; providing for automatic adjustments prospectively; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the 1st Monday in January [1973, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1973 shall receive an annual salary of $22,000. From and after the 1st Monday in January 1973, their successors in office shall receive an annual salary of $28,000.
2. Until the 1st Monday in January 1975, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1975 shall receive an annual salary of $22,000. From and after the 1st Monday in January 1975, their successors in office shall receive an annual salary of $35,000.
3. Until the 1st Monday in January 1977, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1977 shall receive an annual salary of $28,000. From and after the 1st Monday in January 1977, their successors in office shall receive an annual salary of $35,000.] 1979, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1979 are entitled to receive an annual salary of $28,000. From and after the 1st Monday in January 1979, their successors in office are entitled to receive an annual salary of $47,250.
2. Until the 1st Monday in January 1981, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1981 are entitled to receive an annual salary of $35,000. From and after the 1st Monday in January 1981, their successors in office are entitled to receive an annual salary of $47,250.
3. Until the 1st Monday in January 1983, the justice of the supreme court whose term of office expires on the 1st Monday in January 1983 is entitled to receive an annual salary of $35,000. From and after the 1st Monday in January 1983, his successors in office are entitled to receive an annual salary of $47,250.
4. All salaries provided for in this section [shall be] are payable in biweekly installments as other state officers are paid.
Sec. 2. NRS 3.030 is hereby amended to read as follows:
3.030 1. Until the 1st Monday in January [1975, the annual salary of each district judge provided for in NRS 3.010 shall be $24,000. From and after the 1st Monday in January 1975, the annual salary of each district judge provided for in NRS 3.010 shall be $30,000.] 1979, the annual salary of each district judge is $30,000. From and after the 1st Monday in January 1979, the annual salary of each district judge is $43,000.
κ1977 Statutes of Nevada, Page 1014 (CHAPTER 491, SB 424)κ
2. All of the salaries shall be paid in biweekly installments out of the district judges salary fund, which is hereby created in the state treasury.
3. No salary of any district judge shall be paid in advance.
Sec. 3. NRS 213.015 is hereby amended to read as follows:
213.015 1. Until the 1st Monday in January [1975:
(a) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $22,000, shall, as a member of the board, receive an annual salary of $6,000.
(b) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $28,000 shall receive no salary as a member of the board.
2. From and after the 1st Monday in January 1975:
(a) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $28,000 shall, as a member of the board, receive an annual salary of $7,000.
(b) Any] 1979, any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $35,000 shall receive no salary as a member of the board.
2. From and after the 1st Monday in January 1979:
(a) Any member of the board whose base salary as a justice of the supreme court is $47,250 shall receive no salary as a member of the board.
(b) Any member of the board whose annual salary as a justice of the supreme court is $35,000 is entitled to receive as a member of the board an annual salary of $12,250.
3. The salaries provided for in this section shall be paid out of moneys provided by direct legislative appropriation from the general fund.
Sec. 4. NRS 218.210 is hereby amended to read as follows:
218.210 1. Each senator and assemblyman elected [on and after November 7, 1972,] before November 7, 1978, or appointed to succeed a senator or assemblyman elected [on and after November 7, 1972, shall] before November 7, 1978, is entitled to receive as compensation $60 per day for each day of service:
[1.] (a) During any regular session, for the number of days the legislature is in session or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
[2.] (b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
2. Each senator and assemblyman elected on or after November 7, 1978, or appointed to succeed a senator or assemblyman elected on or after November 7, 1978, is entitled to receive as compensation $80 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
κ1977 Statutes of Nevada, Page 1015 (CHAPTER 491, SB 424)κ
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
Sec. 5. NRS 223.050 is hereby amended to read as follows:
223.050 Until the 1st Monday in January [1975, the governor shall receive an annual salary of $30,000. From and after the 1st Monday in January 1975, the governor shall receive an annual salary of $40,000.] 1979, the governor is entitled to receive an annual salary of $40,000. From and after the 1st Monday in January 1979, the governor is entitled to receive an annual salary of $50,000.
Sec. 6. NRS 224.050 is hereby amended to read as follows:
224.050 1. [From and after] Until the 1st Monday in January [1971, the lieutenant governor shall receive an annual salary of $6,000.] 1979, the lieutenant governor is entitled to receive an annual salary of $6,000. From and after the 1st Monday in January 1979, the lieutenant governor is entitled to receive an annual salary of $8,000.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor [shall] is entitled to receive $60 per day for such times as he may be actually employed as governor or president of the senate, and if he travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the senate is actually convened, travel expenses at the rate of 12 cents per mile traveled.
3. In addition to the salary provided in subsections 1 and 2, if the lieutenant governor does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed a per diem expense allowance of $30 for each day he is away from his home and for the entire period that the legislature is in session.
4. The lieutenant governor [shall] is entitled to receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.
Sec. 7. NRS 225.050 is hereby amended to read as follows:
225.050 Until the 1st Monday in January [1975, the secretary of state shall receive an annual salary of $18,000. From and after the 1st Monday in January 1975, the secretary of state shall receive an annual salary of $25,000.] 1979, the secretary of state is entitled to receive an annual salary of $25,000. From and after the 1st Monday in January 1979, the secretary of state is entitled to receive an annual salary of $32,500.
Sec. 8. NRS 226.090 is hereby amended to read as follows:
226.090 Until the 1st Monday in January [1975, the state treasurer shall receive an annual salary of $18,000. From and after the 1st Monday in January 1975, the state treasurer shall receive an annual salary of $22,500.] 1979, the state treasurer is entitled to receive an annual salary of $22,500. From and after the 1st Monday in January 1979, the state treasurer is entitled to receive an annual salary of $31,500.
Sec. 9. NRS 227.060 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1016 (CHAPTER 491, SB 424)κ
227.060 Until the 1st Monday in January [1975, the state controller shall receive an annual salary of $18,000. From and after the 1st Monday in January 1975, the state controller shall receive an annual salary of $22,500.] 1979, the state controller is entitled to receive an annual salary of $22,500. From and after the 1st Monday in January 1979, the state controller is entitled to receive an annual salary of $31,500.
Sec. 10. NRS 228.070 is hereby amended to read as follows:
228.070 1. Until the 1st Monday in January [1975, the attorney general shall receive an annual salary of $22,500. From and after the 1st Monday in January 1975, the attorney general shall receive an annual salary of $30,000.] 1979, the attorney general is entitled to receive an annual salary of $30,000. From and after the 1st Monday in January 1979, the attorney general is entitled to receive an annual salary of $40,500.
2. The attorney general is not permitted to engage in the private practice of law. [after the 1st Monday in January 1975.]
________
Senate Bill No. 513Senator Gojack
CHAPTER 492
AN ACT relating to planning and zoning; clarifying certain terminology; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.250 is hereby amended to read as follows:
278.250 1. For [any or all of] the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as [may be deemed] are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within [such district] the zoning district it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
2. [Such] The zoning regulations shall be [made] adopted in accordance with the master plan for land use and shall be designed:
(a) To preserve the quality of air and water resources.
(b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.
(c) To provide for recreational needs.
(d) To protect life and property in areas subject to floods, landslides and other natural disasters.
(e) To conform to the adopted population plan, if required by NRS 278.170.
(f) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services.
κ1977 Statutes of Nevada, Page 1017 (CHAPTER 492, SB 513)κ
(g) To ensure that the development on land is commensurate with the character and the physical limitations of the land.
(h) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of [such] the land for [such] development.
(i) To promote health and the general welfare.
3. [Such] The zoning regulations shall be [made] adopted with reasonable consideration, among other things, to the character of the [district] area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.
Sec. 2. NRS 278.260 is hereby amended to read as follows:
278.260 The governing body shall provide for the manner in which [such] zoning regulations and restrictions and the boundaries of [such] zoning districts shall be determined, established and enforced, and from time to time amended. [, supplemented or changed.] However, [no such] a zoning regulation, restriction or boundary shall not become effective until after a public hearing [in relation thereto,] at which parties in interest and citizens shall have an opportunity to be heard. At least 10 days notice of the time and place of the hearing shall be published in an official newspaper, or a newspaper of general circulation, in the city, county, or region.
Sec. 3. NRS 278.262 is hereby amended to read as follows:
278.262 The governing body of any county or city may appoint as many full-time hearing examiners as [in its discretion may be] are necessary or appropriate to assist the planning commission and the governing body in acting upon proposals for changes in [land use] zoning classification, [land use] zoning districts, special use permits, variances and other matters affecting [land use regulation through] zoning.
________
Senate Bill No. 514Committee on Judiciary
CHAPTER 493
AN ACT relating to the administration of estates; providing an allowance on the commission of special administrators; providing for compensation to attorneys of special administrators; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 150.050 is hereby amended to read as follows:
150.050 1. Any executor, [or] administrator [,] or special administrator at any time after the issuance of letters testamentary or of administration, and upon such notice to the persons interested in the estate as the court or a judge thereof shall require, may apply to the court for an allowance upon his commissions.
κ1977 Statutes of Nevada, Page 1018 (CHAPTER 493, SB 514)κ
2. On the hearing, the court shall make an order allowing him such portion of his commission, for services rendered up to that time, as the court [shall deem] deems proper, and the portion so allowed may be thereupon charged against the estate.
Sec. 2. NRS 150.060 is hereby amended to read as follows:
150.060 1. Attorneys for executors, [and] administrators and special administrators are entitled to reasonable compensation for their services, to be paid out of the estate. The amount shall be fixed by agreement between the executor, [or] administrator or special administrator and the attorney, subject to approval by the court, after application, notice and hearing, as provided in subsection 2. If the executor, [or] administrator or special administrator and the attorney fail to reach agreement, or if the attorney is also the executor, [or] administrator [,] or special administrator the amount shall be determined and allowed by the court.
2. The applicant shall give notice of his application and the hearing thereof to the executor, [or] administrator or special administrator if he is not the applicant and to all known heirs, devisees and legatees. The notice shall be sent by registered or certified mail at least 10 days before the hearing. The notice shall include a statement of the amount of the fee which the court will be requested to approve or allow.
3. On similar application, notice and hearing, the court may make an allowance to an attorney for services rendered up to a certain time during the proceedings.
4. Any heir, devisee or legatee may file objections to an application made pursuant to this section, and the objections shall be considered at the hearing.
5. Attorneys for minors, absent or nonresident heirs [shall receive] are entitled to compensation primarily out of the estate of the distributee so represented by him in such cases and to such extent as may be determined by the court, but if the court finds that all or any part of the services performed by the attorney for the minors, absent or nonresident heirs were of value to the estate as such and not [just] of value only to the minors, absent or nonresident heirs, then the court shall order that all or part of the attorneys fee [to] be paid to [such] the attorney [shall be paid] out of the funds of the estate and [shall be] it is a general administration expense of the estate. The amount of such fees shall be determined by the court.
________
κ1977 Statutes of Nevada, Page 1019κ
Assembly Bill No. 756Committee on Ways and Means
CHAPTER 494
AN ACT relating to public schools; making a technical correction to the effective date of Assembly Bill No. 735.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Assembly Bill No. 735 of the 59th session of the Nevada legislature is hereby amended by adding thereto a new section which shall read as follows:
Sec. 14. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 751Assemblymen Mello, Dini, Harmon, Demers and Vergiels
CHAPTER 495
AN ACT relating to the state legislature; increasing the compensation of certain officers and employees of the legislature for future sessions.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant secretary....................................................................... [$40] $45
Assistant sergeant-at-arms............................................................ [28] 29
Clerks................................................................................................. [22] 23
Committee stenographer................................................................ [37] 39
History clerk..................................................................................... [37] 40
Journal clerk..................................................................................... [37] 40
Minute clerk..................................................................................... [37] 40
Page................................................................................................... [21] 22
Secretary........................................................................................... [56] 57
Sergeant-at-arms.............................................................................. [37] 38
Stenographers.................................................................................. [32] 34
Supervisor of clerks........................................................................ [34] 35
Supervisor of Stenographers............................................................... 40
Assembly
Assistant chief clerk......................................................................... [$40] $45
Assistant sergeant-at-arms................................................................ [28] 29 Assistant supervisor of clerks................................................ [$30] $31
κ1977 Statutes of Nevada, Page 1020 (CHAPTER 495, AB 751)κ
Assistant supervisor of clerks........................................................ [$30] $31
Chief clerk............................................................................................. [56] 57
Clerks..................................................................................................... [22] 23
Committee stenographer.................................................................... [37] 39
History clerk......................................................................................... [37] 40
Journal clerk......................................................................................... [37] 40
Minute clerk......................................................................................... [37] 40
Pages..................................................................................................... [21] 22
Sergeant-at-arms.................................................................................. [37] 38
Stenographers...................................................................................... [32] 34
Supervisor............................................................................................ [37] 39
Supervisor of clerks............................................................................ [34] 35
Supply clerk.......................................................................................... [26] 27
Typists.................................................................................................. [24] 25
Security guard...................................................................................... [30] 31
________
Assembly Bill No. 747Assemblymen Mello, Vergiels, Dreyer, Howard, Demers and Murphy
CHAPTER 496
AN ACT relating to education; creating a special committee to study proposals for the regulation of public school teachers as a professional group; making an appropriation; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. A special committee is hereby created to study proposals for the regulation and continuing education of public school teachers as a professional group.
2. The special committee consists of the following persons or their designees:
(a) The dean of the college of education of the University of Nevada, Reno.
(b) The dean of the college of education of the University of Nevada, Las Vegas.
(c) The executive secretary of the Nevada State Education Association.
(d) The president of the Clark County Classroom Teachers Association.
(e) The president of the Washoe County Teachers Association.
(f) The president of the Small County Association of Teachers.
(g) The president of the Nevada Association of School Administrators.
(h) The president of the Nevada State School Board Association.
(i) The president of the Nevada School Superintendents Association.
(j) The president of the state board of education.
(k) A representative of the state department of education.
κ1977 Statutes of Nevada, Page 1021 (CHAPTER 496, AB 747)κ
(l) A member of the senate standing committee on Finance, appointed by the majority leader of the senate.
(m) A member of the assembly standing committee on Ways and Means, appointed by the speaker of the assembly.
Sec. 2. 1. Each member of the special committee who is a legislator is entitled to receive $40 as compensation for each day in which he is engaged in the business of the committee.
2. All members of the special committee are entitled to receive the expense allowances and travel expenses provided by law for each day in which they are engaged in the business of the committee.
Sec. 3. 1. The special committee shall elect a chairman from among its members.
2. The special committee shall meet at such times and places as may be specified by the chairman or a majority of the committee.
Sec. 4. 1. The special committee shall conduct a review of the provisions contained in chapter 391 of NRS and shall study the feasibility of establishing:
(a) A professional practices board to regulate the teaching profession;
(b) An internship program; and
(c) A statewide program of continuing education to maintain the competency of public school teachers.
2. The committee may study such other matters as are appropriate in developing methods to improve the quality of public school teaching and to increase the competency of public school teachers.
Sec. 5. The committee shall prepare a report stating its findings and making suitable recommendations based upon its study. The legislative commission is hereby designated to receive and consider the report, which shall be submitted not later than September 1, 1978.
Sec. 6. 1. There is hereby appropriated from the state general fund to the special study committee created pursuant to section 1 of this act the sum of $5,000 to pay the necessary costs and expenses of the committee in carrying out its duties.
2. After September 1, 1978, the unencumbered balance of the appropriation made in subsection 1 shall not be encumbered and shall revert to the state general fund.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 1022κ
Assembly Bill No. 716Committee on Government Affairs
CHAPTER 497
AN ACT authorizing and directing the state land registrar to convey, by quitclaim deed, certain real property to the City of Reno and to release specified deed restrictions under certain circumstances; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other law of the State of Nevada, the state land registrar on behalf of the State of Nevada is hereby authorized and directed to convey, by quitclaim deed, to the City of Reno, all of the right, title and interest of the State of Nevada in and to certain real property situated in the City of Reno, County of Washoe, State of Nevada, and more particularly described as follows:
Commencing at the center of section 1, T. 19 N., R. 19 E., M.D.B. & M., Washoe County, Nevada, said point being monumented by a brass cap, established by Washoe County; thence N. 89°26′46″ W., 50.51 feet to a point on the west line of Sutro Street; thence S. 0°33′14″ W., 1191.41 feet along said west line of Sutro Street to an intersection with the north line of East Ninth Street, the point of beginning; thence N. 89°16′47″ W., 1272.65 feet along the north line of East Ninth Street to an intersection with the east line of North Wells Avenue; thence along said east line of Wells Avenue N. 1°43′54″ E. 30.74 feet; thence on a 20 foot radius curve to the left from a tangent bearing S. 1°43′54″ W., through a central angle of 90°59′29″ and an arc length of 31.76 feet to a point on the proposed new northerly line of East Ninth Street, said point being 40 feet north of the centerline of East Ninth Street; thence S. 89°15′35″ E., 1232.01 feet along said line, being parallel to the centerline of East Ninth Street to the beginning of a 20 foot radius curve to the left; thence along said curve through a central angle of 90°11′11″ and an arc length of 31.41 feet to a point on the west line of Sutro Street; thence S. 0°33′14″ W. 30.02 feet to the point of beginning. Said parcel contains an area of 13,120 square feet, more or less,
for a public street and other public purposes.
Sec. 2. 1. Notwithstanding the provisions of NRS 232.158 or any other law of the State of Nevada, the state land registrar on behalf of the State of Nevada is hereby authorized and directed, subject to the provisions of subsection 2, to release the park and recreation restrictions in that deed from the State of Nevada to the City of Reno filed for record in the Washoe County recorders office on July 11, 1973, in Official Records as Document No. 293533, Book 746, Page 434, by quitclaim deed, to the City of Reno, all of the right, title and interest of the State of Nevada in and to certain real property situated in the City of Reno, County of Washoe, State of Nevada, and on only that portion particularly described as follows:
κ1977 Statutes of Nevada, Page 1023 (CHAPTER 497, AB 716)κ
A portion of the northwest quarter of Section 7, Township 19 North, Range 20 East, M.D.B. & M., Washoe County, Nevada being more particularly described as follows:
Commence at the northwest corner of said Section 7; thence S. 0°36′02″ W., 695.39 feet along the west line of said Section to a point on the south line of the Southern Pacific Railroad; the point of beginning; thence N. 80°00′32″ E. 316.02 feet along said line to a point on the west line of the north-south freeway, U.S. 395; thence S. 29°11′16″ E. 605.67 feet to a point on the north line of Kietzke Lane; thence westerly along said north line of Kietzke Lane, on a 1250.00 foot radius curve to the left from a tangent bearing S. 63°05′02″ W., through a central angle of 2°45′03″ and an arc length of 60.01 feet; thence leaving the north line of Kietzke Lane proceed N. 29°11′16″ W. 255.02 feet; thence S. 60°48′44″ W. 498.12 feet; thence N. 0°36′02″ E. 522.69 feet to the point of beginning. Said parcel contains an area of 4.455 acres of land more or less.
2. The restrictions described in subsection 1 shall not be released until the City of Reno provides evidence satisfactory to the state land registrar that a certain 2.541 acres, more or less, of real property is restricted for park and recreational use, and that property is further described as follows:
A portion of the northeast quarter of Section 12, Township 19 North, Range 19 East, M.D.B. & M., Washoe County, Nevada being more particularly described as follows:
Commence at the northeast corner of said Section 12; thence S. 0°36′02″ W. 1218.06 feet along the east line of said Section to the point of beginning; thence S. 82°05′52″ W. 339.94 feet; thence S. 88°18′00″ W. 257.00 feet; thence S. 79°48′12″ W. 160.00 feet to a point on the west line of the Grantor herein; thence S. 0°51′02″ W. 73.57 feet to the northerly low water mark of the Truckee River, thence easterly along said low water mark the following 12 courses and distances: N. 67°53′14″ E. 57.67 feet; N. 85°35′35″ E. 122.80 feet; S. 68°28′04″ E. 99.81 feet; S. 67°01′33″ E. 73.23 feet; S. 66°20′54″ E. 65.08 feet; S. 74°20′26″ E. 36.64 feet; S. 70°58′22″ E. 50.23 feet; N. 79°49′20″ E. 51.37 feet; S. 74°21′27″ E. 32.71 feet; N. 84°54′45″ E. 51.13 feet; N. 77°28′20″ E. 57.82 feet; thence N. 73°26′01″ E. 85.68 feet to a point or the east line of Section 12, described above; thence N. 0°36′02″ E. 200.94 feet along said line to the point of beginning. Said parcel contains an area of 2.541 acres of land more or less.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 1024κ
Assembly Bill No. 693Assemblyman Wagner
CHAPTER 498
AN ACT relating to gifts to minors; reducing age of majority to 18 years; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 167.020 is hereby amended to read as follows:
167.020 In this chapter, unless the context otherwise requires:
1. An adult is a person who has attained the age of [21] 18 years.
2. A bank is a bank, trust company, national banking association, savings bank or industrial bank.
3. A broker is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business.
4. Court means the district court.
5. The custodial property includes:
(a) All securities, life insurance policies, annuity contracts, and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this chapter;
(b) The income from the custodial property; and
(c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies, annuity contracts and income.
6. A custodian is a person so designated in a manner prescribed in this chapter; the term includes a successor custodian.
7. A financial institution is a bank, a federal savings and loan association, a savings institution chartered and supervised as a savings and loan or similar institution under federal law or the laws of a state or a federal credit union; and insured financial institution is one, deposits (including a savings, share, certificate or deposit account) in which are, in whole or in part, insured by the Federal Deposit Insurance Corporation, or by the Federal Savings and Loan Insurance Corporation.
8. A guardian of a minor means the general guardian, guardian, tutor or curator of his property or estate appointed or qualified by a court of this state or another state.
9. An issuer is a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.
10. A legal representative of a person is his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.
κ1977 Statutes of Nevada, Page 1025 (CHAPTER 498, AB 693)κ
11. A life insurance policy or annuity contract means a life insurance policy or annuity contract issued by an insurance company authorized to do business in this state on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this chapter or on the life of a member of the minors family. Life insurance policy or annuity contract includes a life insurance certificate or annuity certificate, and life insurance company includes a fraternal benefit society.
12. A member of a minors family means any of the minors parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.
13. A minor is a person who has not attained the age of [21] 18 years.
14. A security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in registered form when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.
15. A transfer agent is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities.
16. A trust company is a bank, corporation or other legal entity authorized to exercise trust power in this state.
Sec. 2. NRS 167.050 is hereby amended to read as follows:
167.050 1. The custodian shall collect, hold, manage, invest and reinvest the custodial property.
2. The custodian shall pay over to the minor for expenditure by him, or expend for the minors benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.
3. The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial property as is necessary for the minors support, maintenance or education.
4. To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of [21] 18 years or, if the minor dies before attaining the age of [21] 18 years, he shall thereupon deliver or pay it over to the estate of the minor.
κ1977 Statutes of Nevada, Page 1026 (CHAPTER 498, AB 693)κ
age of [21] 18 years or, if the minor dies before attaining the age of [21] 18 years, he shall thereupon deliver or pay it over to the estate of the minor.
5. The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this chapter or hold money so given in an account in the financial institution to which it was paid or delivered by the donor.
6. The custodian may sell, exchange, convert, surrender or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security of which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any [and all] instruments in writing which he deems advisable to carry out any of his powers as custodian.
7. The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: as custodian for ...............(name of minor............... under the Nevada Uniform Gifts to Minors Act. The custodian shall hold all money which is custodial property in an account with a broker or in an insured financial institution in the name of the custodian, followed, in substance, by the words: as custodian for ...............(name of minor)............... under the Nevada Uniform Gifts to Minors Act. The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.
8. The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years.
9. A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this chapter, all the rights and powers which a guardian has with respect to property not held as custodial property.
10. If the subject of the gift is a life insurance policy or annuity contract, the custodian:
(a) In his capacity as custodian, has all the incidents of ownership in the policy or contract to the extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minors estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting; and
(b) May pay premiums on the policy or contract out of the custodial property.
κ1977 Statutes of Nevada, Page 1027 (CHAPTER 498, AB 693)κ
Sec. 3. NRS 167.080 is hereby amended to read as follows:
167.080 1. Only an adult member of the minors family, a guardian of the minor or a trust company is eligible to become successor custodian. A custodian may designate his successor by executing and dating an instrument of designation before a subscribing witness other than the successor; the instrument of designation may but need not contain the resignation of the custodian. If the custodian does not so designate his successor before he dies or becomes legally incapacitated, and the minor has attained the age of 14 years, the minor may designate a successor custodian by executing an instrument of designation before a subscribing witness other than the successor. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this chapter.
2. The designation of a successor custodian as provided in subsection 1 takes effect as to each item of the custodial property when the custodian resigns, dies, or becomes legally incapacitated and the custodian or his legal representative:
(a) Causes the item, if it is a security in registered form or a life insurance policy or annuity contract, to be registered, with the issuing insurance company in the case of a life insurance policy or annuity contract, in the name of the successor custodian followed, in substance, by the words: as custodian for ....................(name of minor)............... under the Nevada Uniform Gifts to Minors Act; and
(b) Delivers or causes to be delivered to the successor custodian any other item of the custodial property, together with the instrument of designation of the successor custodian or a true copy thereof and any additional instruments required for the transfer thereof to the successor custodian.
3. A custodian who executes an instrument of designation of his successor containing the custodians resignation as provided in subsection 1 shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in the instrument. The legal representative of a custodian who dies or becomes legally incapacitated shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in an instrument of designation executed as provided in subsection 1 by the custodian or, if none, by the minor if he has no guardian and has attained the age of 14 years, or in the possession and control of the guardian of the minor if he has a guardian. If the custodian has executed as provided in subsection 1 more than one instrument of designation, his legal representative shall treat the instrument dated on an earlier date as having been revoked by the instrument dated on a later date.
4. If the person designated as custodian or as successor custodian by the custodian as provided in subsection 1 is not eligible, dies or becomes legally incapacitated before the minor attains the age of [21] 18 years and if the minor has a guardian, the guardian of the minor shall be successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or become legally incapacitated has been designated as provided in subsection 1, a donor, his legal representative, the legal representative of the custodian or an adult member of the minors family may petition the court for the designation of a successor custodian.
κ1977 Statutes of Nevada, Page 1028 (CHAPTER 498, AB 693)κ
his legal representative, the legal representative of the custodian or an adult member of the minors family may petition the court for the designation of a successor custodian.
5. A donor, the legal representative of a donor, a successor custodian, an adult member of the minors family, a guardian of the minor or the minor, if he has attained the age of 14 years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties.
6. Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.
Sec. 4. The rights granted and duties imposed by sections 1 to 3, inclusive, of this act do not apply with respect to any gift made under this chapter before July 1, 1977.
________
Assembly Bill No. 681Assemblyman Dreyer
CHAPTER 499
AN ACT relating to nursing facility administrators; adding the licensing and regulation of administrators of intermediate care facilities to the duties of the Nevada state board of examiners for skilled nursing facilities; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 654 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Intermediate care facility means an establishment operated and maintained for the purpose of providing personal and health care supervision, plus 24-hour awake supervision, for four or more persons who do not have illness, disease, injury or other conditions that would require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide.
Sec. 3. Nursing facility administrator means a person who manages, supervises and is in general administrative charge of a skilled nursing facility or an intermediate care facility.
Sec. 4. NRS 654.010 is hereby amended to read as follows:
654.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 654.020, [to 654.040, inclusive,] 654.030 and sections 2 and 3 of this act have the meanings ascribed to them in [NRS 654.020 to 654.040, inclusive.] those sections.
κ1977 Statutes of Nevada, Page 1029 (CHAPTER 499, AB 681)κ
Sec. 5. NRS 654.020 is hereby amended to read as follows:
654.020 Board means the Nevada state board of examiners for [skilled] nursing facility administrators.
Sec. 6. NRS 654.050 is hereby amended to read as follows:
654.050 There is hereby created the Nevada state board of examiners for [skilled] nursing facility administrators.
Sec. 7. NRS 654.060 is hereby amended to read as follows:
654.060 The board shall be composed of:
1. The director of the department of human resources or his designee; and
2. Four members appointed by the governor. Two of the appointed members shall be [skilled] nursing facility administrators and the third and fourth appointed members shall be an administrator of a general hospital and a member of the medical profession or paramedical professions.
Sec. 8. NRS 654.110 is hereby amended to read as follows:
654.110 1. The board shall:
(a) Develop, impose and enforce standards which must be met by [individuals] persons in order to receive licenses as [skilled] nursing facility administrators. Such standards shall be designed to insure that [skilled] nursing facility administrators will be [individuals] persons who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as [skilled] nursing facility administrators.
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether [an individual] a person meets such standards.
(c) Issue licenses to [individuals] persons determined, after the application of such techniques, to meet such standards.
(d) Revoke or suspend licenses previously issued by the board in any case when the [individual] person holding such license is determined substantially to have failed to conform to the requirements of such standards.
(e) Establish and carry out procedures designed to insure that [individuals] persons licensed as [skilled] nursing facility administrators will, during any period they serve as such, comply with the requirements of such standards.
(f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the board to the effect that any [individual] person licensed as a [skilled] nursing facility administrator has failed to comply with the requirements of such standards.
(g) Conduct a continuing study in investigation of skilled nursing facilities, [and] intermediate care facilities and their administrators [of skilled nursing facilities within the state] with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards. [with respect to administrators of skilled nursing facilities who have been licensed as such.]
(h) Conduct a program of training and instruction designed to enable all [individuals] persons to obtain the qualifications necessary to meet the standards set by the board for qualification as a [skilled] nursing facility administrator.
κ1977 Statutes of Nevada, Page 1030 (CHAPTER 499, AB 681)κ
2. All the records kept by the board, not otherwise privileged, [shall be] are public records.
Sec. 9. NRS 654.130 is hereby amended to read as follows:
654.130 The board shall:
1. Maintain a register of all applications for licensure as a [skilled] nursing facility administrator showing:
(a) The name, age and place of residence of the applicant.
(b) The name and address of the skilled nursing facility or intermediate care facility of which the applicant is to be administrator.
(c) The date of the application.
(d) The date on which the application was reviewed and the action taken on the application.
(e) The serial number of the license, if any, issued to the applicant.
(f) Such other information as the board may deem pertinent.
2. Maintain a current register of all [skilled] nursing facility administrators licensed under this chapter showing the status of [such] each license.
Sec. 10. NRS 654.150 is hereby amended to read as follows:
654.150 Each applicant for licensure under this chapter shall:
1. Be of good moral character and physically and emotionally capable of administering a skilled nursing facility [.] or an intermediate care facility.
2. Have satisfactorily completed a course of instruction and training prescribed or approved by the board, including the study [and knowledge] of:
(a) The needs which are to be properly served by a skilled nursing facility [;] or an intermediate care facility;
(b) The laws governing the operation of [skilled nursing facilities] such a facility and the protection of the patients interests; and
(c) The elements of good [skilled nursing facility] administration [.] of such a facility.
In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the board of sufficient education, training or experience [in such areas] by which he would be qualified to administer, supervise and manage [a skilled nursing] such a facility.
3. Pass an examination conducted and prescribed by the board under the provisions of this chapter.
4. Meet such other standards and qualifications as the board may from time to time [adopt within the purposes of this chapter.] establish.
Sec. 11. NRS 654.161 is hereby amended to read as follows:
654.161 A license issued pursuant to the provisions of this chapter prior to July 1, 1973, shall be considered equivalent to, and is subject to the same conditions as, a [skilled] nursing facility administrators license.
Sec. 12. NRS 654.170 is hereby amended to read as follows:
654.170 1. The board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 and shall affix its official seal to such license.
κ1977 Statutes of Nevada, Page 1031 (CHAPTER 499, AB 681)κ
2. Each license issued by the board under this chapter [shall expire] expires on December 31 of the year following the year of its issuance and [shall] may be renewed biennially.
3. Any licensed [skilled] nursing facility administrator may renew his license by applying for such renewal in the manner prescribed by the board and paying the renewal fee fixed by the board.
Sec. 13. NRS 654.180 is hereby amended to read as follows:
654.180 The board may issue a [skilled] nursing facility administrators license, without examination, to any applicant who holds a current license as a [skilled] nursing facility administrator from another jurisdiction, if the board finds that the standards for licensure in the other jurisdiction are the substantial equivalent of those prevailing in this state and that the applicant is otherwise qualified.
Sec. 14. NRS 654.190 is hereby amended to read as follows:
654.190 1. The board may, after notice and hearing, suspend or revoke the license of any [skilled] nursing facility administrator [for any of the following:] who:
(a) [The conviction] Is convicted of a felony, or of any offense involving moral turpitude.
(b) [Obtaining a] Has obtained his license by the use of fraud or deceit.
(c) [The violation of] Violates any of the provisions of this chapter.
(d) [Aiding and abetting] Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as such provisions pertain to skilled nursing facilities [.] or intermediate care facilities.
(e) [The violation of] Violates any regulation of the board prescribing additional standards of conduct for [skilled] nursing facility administrators.
2. The board shall give a licensee against whom proceedings are brought under this section written notice of hearing not less than 10 days prior to the date of such hearing.
Sec. 15. NRS 654.200 is hereby amended to read as follows:
654.200 Any person who acts in the capacity of a [skilled] nursing facility administrator and does not have a current valid license issued under the provisions of this chapter is guilty of a misdemeanor.
Sec. 16. NRS 449.035 is hereby amended to read as follows:
449.035 A skilled nursing facility or an intermediate care facility licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive, shall not [operate] be operated except under the supervision of a [skilled] nursing facility administrator licensed under the provisions of chapter 654 of NRS.
Sec. 17. NRS 654.040 is hereby repealed.
Sec. 18. Sections 6 and 14 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
κ1977 Statutes of Nevada, Page 1032κ
Assembly Bill No. 622Assemblyman Kosinski
CHAPTER 500
AN ACT relating to property taxes; reducing tax exemptions for partly disabled veterans; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.091 is hereby amended to read as follows:
361.091 1. [The property to the extent of $10,000 assessed valuation of any] An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability [of the kind described in 38 U.S.C. § 801 as effective on the date when the exemption is claimed, and has received upon severance from service an honorable discharge or certificate of satisfactory service] and has been honorably discharged from the Armed Forces of the United States [shall be exempt from taxation.] is entitled to a disabled veterans exemption.
2. [For the purpose of this section the first $10,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.] The amount of exemption shall be based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to a $7,500 assessed value exemption.
(b) Sixty to 79 percent, inclusive, is entitled to a $5,000 assessed value exemption.
For purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption shall be allowed only to a claimant who has made an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit shall be made before the county assessor or before a notary public and submitted to the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor [of each of the several counties of this state] shall require proof of status of the applicant, and for that purpose shall require [production of:
(a) A certificate from the Veterans Administration that the applicant has received or is eligible to receive a grant pursuant to 38 U.S.C. ch. 21; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
κ1977 Statutes of Nevada, Page 1033 (CHAPTER 500, AB 622)κ
(3) A certified copy of either of the above.] an applicant to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of permanent service-connected disability; or
(c) A certificate from the Veterans Administration that the applicant has incurred a permanent service-connected disability which indicates the total percentage of that disability, together with an honorable discharge or certificate of satisfactory service.
6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
7. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of such false affidavit or false proof, a tax exemption is allowed to a person not entitled to such exemption, such person is guilty of a gross misdemeanor.
________
Assembly Bill No. 612Assemblymen May, Hickey, Mann, Kissam, Ross, Price, Dreyer, Bennett, Sena, Hayes, Brookman, Horn, Bremner, Chaney, Robinson and Harmon
CHAPTER 501
AN ACT relating to public financial administration; providing for the distribution and use of certain proceeds of slot machine taxes; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute for the payment of a state tax. If no [such] credit is allowed, no tax is payable under this subsection.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine.
(b) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund and the higher education capital construction fund, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in subsections 4 and 5.
κ1977 Statutes of Nevada, Page 1034 (CHAPTER 501, AB 612)κ
4. [During] Except as provided in subsection 6, during each fiscal year the state treasurer shall deposit the first $5 million of the tax paid over to him by the commission in the higher education capital construction fund. When requested by the board of regents of the University of Nevada, [moneys] money in the higher education capital construction fund shall be transferred by the state controller and the state treasurer to the state public works board for the purpose only of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, construction includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Unless specifically directed by an act of the legislature concerning priorities of construction of specific projects with moneys in the higher education capital construction fund, the board of regents of the University of Nevada shall determine the order of priority and the needs of the University of Nevada System with respect to expenditures of available moneys in the higher education capital construction fund. Any moneys remaining in the higher education capital construction fund at the end of a fiscal year shall not revert to the general fund in the state treasury but shall remain in the higher education capital construction fund for authorized expenditure.
5. [During] Except as provided in subsection 6 during each fiscal year the state treasurer shall deposit all [moneys] money in excess of the first $5 million of the tax paid over to him by the commission in the state distributive school fund to be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
6. If the amount of any credit which is allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or any other federal statute for the payment of a state tax is increased after July 1, 1977, the amount of tax collected by the commission under this section which represents that increase shall be paid over to the state treasurer for deposit to the credit of the special higher education capital construction fund, which is hereby created in the state treasury, and expended only for the purposes specified in subsection 7.
7. The board of regents of the University of Nevada may use any money in the special higher education capital construction fund for the payment of interest and amortization of principal on bonds issued to defray costs of construction of specific projects.
________
κ1977 Statutes of Nevada, Page 1035κ
Assembly Bill No. 634Assemblyman Goodman
CHAPTER 502
AN ACT relating to public works projects; requiring contractors to submit certain reports to the labor commissioner; allowing the labor commissioner to divert certain portions of progress payments to contractors pending resolution of wage disputes; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 338.095 is hereby amended to read as follows:
338.095 1. Every contractor and subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages and benefits paid to each workman employed by him in connection with the public work.
2. The record shall be kept open at all reasonable hours to the inspection of the public body awarding the contract and [to the inspection of] a copy of the record for each calendar month shall be sent to the labor commissioner [.] no later than 1 week after the end of that month.
3. Any contractor or subcontractor, or agent or representative thereof, doing public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 338.160 is hereby amended to read as follows:
338.160 1. [A] Except as provided in subsection 4, a public body and its officers or agents awarding a contract for the construction, alteration or repair of public works shall authorize partial payments of the amount due under [such] the contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract. Not more than 90 percent of the calculated value of any work shall be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining installments without retaining additional funds if, in the opinion of the public body, satisfactory progress is being made in the work.
2. [The] Except as provided in this section, the public body shall retain the amount withheld under any such contract until the contract is satisfactorily completed and finally accepted. [However, when] When a project is sufficiently completed to be placed into service, the public body shall reduce the retained percentage and retain only such sum as it may determine to be sufficient to complete the contract.
3. [The] Except as provided in subsection 4, the amount withheld under any such contract is due and payable within a reasonable time following the filing of a notice of completion as provided in NRS 108.228 or upon other proper evidence of satisfactory completion of the contract.
4. If the labor commissioner has reason to believe that an employee has a valid and enforcible claim for wages against a contractor, he may require the public body to withhold from any payment due the contractor under this section and pay the labor commissioner instead, an amount equal to the amount claimed by the employee.
κ1977 Statutes of Nevada, Page 1036 (CHAPTER 502, AB 634)κ
equal to the amount claimed by the employee. This amount shall be paid to the employee if the claim is resolved in his favor, otherwise it shall be returned to the public body for payment to the contractor.
________
Assembly Bill No. 564Assemblymen Banner and Barengo
CHAPTER 503
AN ACT relating to bail bondsmen; reducing the age requirement for bail agents and solicitors; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 697.150 is hereby amended to read as follows:
697.150 [No individual shall be] A person is not entitled to receive, renew or hold a license as a bail agent unless he:
1. Is a bona fide resident of and resides within this state, and must have so resided for not less than 1 year immediately preceding the application for the license.
2. Is a natural person not less than [21] 18 years of age.
3. Has been appointed as a bail agent by an authorized surety insurer, subject to issuance of the license.
4. Is competent, trustworthy and financially responsible.
5. Has passed any written examination required under this chapter.
6. Has filed the bond required by NRS 697.190.
Sec. 2. NRS 697.170 is hereby amended to read as follows:
697.170 [No individual shall be] A person is not entitled to receive, renew or hold a license as a bail solicitor unless he:
1. Is a natural person not less than [21] 18 years of age.
2. Is and has been a bona fide resident within this state for not less than 3 months immediately preceding the application for the license.
3. Is the bona fide employee of a licensed bail bondsman as a bail solicitor, or is to be so employed subject to the issuance of the license.
4. Has passed any written examination required under this chapter.
________
κ1977 Statutes of Nevada, Page 1037κ
Assembly Bill No. 757Assemblyman Dini
CHAPTER 504
AN ACT making technical corrections to Senate Bill 153 of the 59th session of the legislature; resolving conflicts with bills of the same session.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of Senate Bill 153 of the 59th session of the legislature is hereby amended to read as follows:
Sec. 10. NRS 232.152 is hereby amended to read as follows:
232.152 1. The governor shall appoint 13 members to the committee as follows:
(a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity:
(1) [Advisory] Oil, gas and mining board.
(2) Central committee of Nevada state grazing boards.
(3) Nevada League of Cities.
(4) State board of agriculture.
(5) State board of fish and game commissioners.
(6) State conservation commission.
(7) State environmental commission.
(8) Land use planning advisory council.
(9) State park advisory commission.
(10) Nevada association of county commissioners.
(b) Each of three members shall be appointed to represent respectively the interests of each of the following:
(1) Railroads and utilities.
(2) Sportsmen.
(3) Off-road vehicle enthusiasts.
2. The committee shall select one of its members to serve as chairman. The assistant director provided for in NRS 232.157 shall serve as secretary but shall have no vote.
Sec. 2. Section 37 of Senate Bill 153 of the 59th session of the legislature is hereby amended to read as follows:
Sec. 37. NRS 321.710 is hereby amended to read as follows:
321.710 1. The administrator shall administer the activities of the state land use planning agency. He [shall have] has authority and responsibility for the development and distribution of information useful to land use planning.
2. The activities of the state land use planning agency which have priority are:
(a) Provision of technical assistance in areas where such assistance is requested;
(b) Activities relating to federal lands in this state; and
(c) Investigation and review of proposals for designation of areas of critical environmental concern and the development of standards and plans therefor.
κ1977 Statutes of Nevada, Page 1038 (CHAPTER 504, AB 757)κ
of critical environmental concern and the development of standards and plans therefor.
3. In addition to the assistant provided by subsection 3 of NRS 321.010 he may appoint, subject to the availability of money, such professional technical, administrative, clerical and other persons as he may require for assistance in performing his land use planning duties.
Sec. 3. Section 97 of Senate Bill 153 of the 59th session of the legislature is hereby amended to read as follows:
Sec. 97. NRS 445.660 is hereby amended to read as follows:
445.660 In furtherance of the provisions of NRS 445.610 to 445.710, inclusive, and sections 2 to 5, inclusive, of [this act,] Assembly Bill 464 of the 59th session of the legislature, and the enforcement thereof, the state department of [human resources] conservation and natural resources shall consult with the department of motor vehicles and furnish them with technical information, including testing techniques, procedures for quality assurance and standards adopted by the commission and instruction for emission control features and equipment.
Sec. 4. Section 177 of Senate Bill 153 of the 59th session of the legislature is hereby amended to read as follows:
Sec. 177. 1. This section and subsection 3 of section 173 shall become effective upon passage and approval.
2. Sections 8, 10, 13, 15, 37, 46, 57, 66, 72, 73, 74, 97, 127, 129 and 148 and subsection 2 of section 173 of this act shall become effective at 12:01 a.m. on July 1, 1977.
Sec. 5. Sections 35, 36, 38 and 39 of Senate Bill 153 of the 59th session of the legislature are hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 630Committee on Commerce
CHAPTER 505
AN ACT relating to greyhound racing; permitting racing where licensed by a city or county; and providing other matters properly relating thereto.
[Approved May 13, 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:
1. The county license board of a county having a population of less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may license and regulate greyhound racing in the county outside of an incorporated city or incorporated town.
κ1977 Statutes of Nevada, Page 1039 (CHAPTER 505, AB 630)κ
Bureau of the Census of the United States Department of Commerce, may license and regulate greyhound racing in the county outside of an incorporated city or incorporated town.
2. An application for licensing under this section shall not be considered unless the applicant has first been approved for licensing by the Nevada racing commission. Each member of the firm, partnership, association or corporation receiving such license shall be approved by the county license board before such license is issued. Not more than one such license shall be issued and it shall not be transferable.
3. Such racing is subject to the control of the Nevada racing commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.
Sec. 2. NRS 466.095 is hereby amended to read as follows:
466.095 The commission shall not issue any license to conduct pari-mutuel wagering in connection with any greyhound race unless: [greyhound]
1. Greyhound racing is permitted by a special charter of a city to be conducted in such city and a license to conduct such race has been issued by the city council or other governing body of such city [.] ; or
2. The county license board of a county having a population of less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, has issued a license to conduct such race in the county outside of an incorporated city or incorporated town.
Sec. 3. NRS 466.125 is hereby amended to read as follows:
466.125 1. Each licensee conducting racing with pari-mutuel wagering shall pay to the commission for the use of the State of Nevada a tax at the rate of 3 percent on all pari-mutuel moneys handled on horse races and 4 percent on all pari-mutuel moneys handled on greyhound races during the race meeting, 1 percent of which shall be paid to the commission pursuant to NRS 466.080, and [in the case of] for greyhound races, 1 percent of which shall be paid to the city in which the races are [held.] to be conducted or if the race is to be conducted outside any city, to the county in which the race is to be conducted.
2. State fair associations, agricultural societies, county fair and recreation boards and county agricultural associations are to pay 1 percent only of total pari-mutuel moneys handled during race meetings.
Sec. 3.5. Chapter 466 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful in any greyhound race:
(a) To use a living animal as bait for the dogs; or
(b) To allow any dog to participate which has been trained by coursing.
2. As used in this section, coursing includes the pursuit of a living animal and the use of blood to attract or reward a dog.
Sec. 4. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor shall be conducted, or any article, apparatus or device useful therefor shall be kept; [or]
κ1977 Statutes of Nevada, Page 1040 (CHAPTER 505, AB 630)κ
without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor shall be conducted, or any article, apparatus or device useful therefor shall be kept; [or]
(b) Wherein any fighting between animals or birds shall be conducted; [or]
(c) Wherein any dog races [shall be] are conducted [, unless specifically authorized in the special charter of any city by the legislature; or] without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
(e) Where vagrants resort, [;
shall be] is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Shall annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons; [or]
(b) Shall offend public decency; [or]
(c) Shall unlawfully interfere with, befoul, obstruct or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) Shall in any way render a considerable number of persons insecure in life or the use of property,
[shall be] is a public nuisance.
________
Assembly Bill No. 421Committee on Ways and Means
CHAPTER 506
AN ACT relating to public employees; increasing the salaries of certain state employees; providing a procedure for obtaining exemptions from certain salary restrictions; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The interim finance committee may approve applications from agencies of the state for exceptions to limitations on salaries which are expressed as percentages of salaries paid to another person or authorized for another position.
2. The chief officer of a state agency may submit applications for exceptions for any person or position within his agency to the governor who, if he approves, shall present them to the interim finance committee.
3. The interim finance committee may approve an exception under this section if it finds that:
κ1977 Statutes of Nevada, Page 1041 (CHAPTER 506, AB 421)κ
(a) If the application is for a particular officer or employee, the person has exhibited exceptional qualifications or ability; or
(b) If the application is for a position, the position requires unusual skill, ability, knowledge or some other quality, and that under statutory salary limitations there is no qualified person seeking to fill the position.
4. The interim finance committee shall return an application for a state officer, employee or position to the chief officer of the agency with its approval or disapproval and, if it has approved the exception, make an allocation from the contingency fund, unless the exception is to begin on or after July 1 of an odd-numbered year and provision has been made in the agency budget for the increase in salary.
Sec. 2. NRS 281.123 is hereby amended to read as follows:
281.123 1. Except as provided in [subsection 2,] subsections 2 and 3 and in section 1 of this act, the salary of a person employed by the State of Nevada, any political subdivision of the state or any agency of the state shall not exceed 95 percent of the salary for the office of governor during the same period.
2. The provisions of subsection 1 shall not operate to reduce the salary which any public employee was receiving on June 30, 1975.
3. The provisions of subsection 1 do not apply to the salaries of physicians and surgeons employed full time by the state.
Sec. 3. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe [rules and] regulations for a pay plan for all employees in the classified service.
2. The pay plan and amendments thereto [shall] become effective only after approval by the commission and the governor.
3. The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
4. The chief shall prescribe [rules and] regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such [rules and] regulations [shall] become effective.
5. [Except as otherwise provided in this subsection, no employee in the classified service may receive a salary exceeding $30,147 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:
Chief, dental health services (Range A)..................................... $32,098
Chief, dental health services (Range B)...................................... 33,675
Chief, dental health services (Range C)...................................... 35,359
Chief, maternal and child health (Range A)............................... 33,675
Chief, maternal and child health (Range B)................................ 37,067
Chief, maternal and child health (Range C)................................ 38,892
Chief, preventive medical services (Range A)........................... 33,675
Chief, preventive medical services (Range B)........................... 37,067 Chief, preventive medical services (Range C)................. $38,892
κ1977 Statutes of Nevada, Page 1042 (CHAPTER 506, AB 421)κ
Chief, preventive medical services (Range C)....................................... $38,892
Senior physician (Range A)..................................................................... 32,098
Senior physician (Range B)...................................................................... 35,331
Senior physician (Range C)...................................................................... 37,067
Senior psychiatrist (Range A).................................................................. 35,331
Senior psychiatrist (Range B).................................................................. 38,892
Senior psychiatrist (Range C).................................................................. 39,500
Senior public health dentist (Range A).................................................. 27,793
Senior public health dentist (Range B)................................................... 30,593
Senior public health dentist (Range C)................................................... 32,122
State health officer (Range A).................................................................. 38,892
State health officer (Range B).................................................................. 39,500
State health officer (Range C).................................................................. 39,500
Welfare medical care officer..................................................................... 32,098
Senior institutional dentist (Range A).................................................... 27,283
Senior institutional dentist (Range B)..................................................... 32,098
As used in this subsection a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
6. Except as limited by the last sentence of this subsection and by subsection 7, employees filling the above described positions may receive a salary adjustment based upon the movement of the National Consumer Price Index to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be that determined by the personnel advisory commission for employees in the classified service. No employee whose position is specifically described in subsection 5 may receive a salary of more than $39,500.
7.] Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:
(a) [Be construed to effect a reduction of] Reduce the salary of any employee in the classified service. [on January 1, 1975.]
(b) Apply to physicians, surgeons, [and] dentists or veterinarians in full-time employment with the state [and] , to the state welfare administrator, or to engineers employed by the state public works board [.] or the division of Colorado River resources. During regular legislative sessions salaries for the classified service of the state shall be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.
[8.] 6. The provisions of [subsections 6 and 7] subsection 5 are subject to the further limitation imposed by NRS 281.123.
Sec. 4. No employee in the classified service, except those employees described within this section, may receive a salary exceeding $33,629 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:
κ1977 Statutes of Nevada, Page 1043 (CHAPTER 506, AB 421)κ
Chief, dental health services (Range A)................................................. $35,895
Chief, dental health services (Range B).................................................. 37,659
Chief, dental health services (Range C).................................................. 39,542
Chief, maternal and child health (Range A)........................................... 37,659
Chief, maternal and child health (Range B)............................................ 41,200
Chief, maternal and child health (Range C)............................................ 42,100
Chief, preventive medical services (Range A)....................................... 37,659
Chief, preventive medical services (Range B)....................................... 41,200
Chief, preventive medical services (Range C)....................................... 42,100
Senior physician (Range A)..................................................................... 35,895
Senior physician (Range B)...................................................................... 39,511
Senior physician (Range C)...................................................................... 41,200
Senior psychiatrist (Range A).................................................................. 39,511
Senior psychiatrist (Range B).................................................................. 41,200
Senior psychiatrist (Range C).................................................................. 42,100
Senior public health dentist (Range A).................................................. 31,080
Senior public health dentist (Range B)................................................... 34,213
Senior public health dentist (Range C)................................................... 35,992
State health officer (Range A).................................................................. 41,200
State health officer (Range B).................................................................. 42,100
State health officer (Range C).................................................................. 43,000
Welfare medical care officer..................................................................... 35,922
Senior institutional dentist (Range A).................................................... 31,080
Senior institutional dentist (Range B)..................................................... 35,922
State welfare administrator....................................................................... 31,000
As used in this section a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
Sec. 5. Except as otherwise provided in this section and subsection 5 of NRS 284.175, every employee in the classified service may receive a salary adjustment, not to exceed 4.5 percent, based upon the movement of the National Consumer Price Index, to take effect January 1, 1978. The percentage increase shall be that determined by the personnel advisory commission for employees in the classified service. In accordance with the provisions of NRS 281.123, employees filling the positions described in section 4 of this act who receive annual salaries of $38,000 or more shall not receive the salary adjustment provided for in this section.
Sec. 6. 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 legislative 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.
2. No allocation from the contingency fund may be made by the interim finance committee to effect salary increases for state officers and employees [.] except as provided in section 1 of this act.
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 that amount to the appropriate fund and account.
κ1977 Statutes of Nevada, Page 1044 (CHAPTER 506, AB 421)κ
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 that amount to the appropriate fund and account. The state controller shall thereupon make the transfer.
Sec. 7. 1. Sections 2 to 4, inclusive, of this act shall become effective upon passage and approval and shall operate retroactively to January 1, 1977.
2. Section 6 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 360Assemblyman Schofield
CHAPTER 507
AN ACT relating to county officers and employees; providing for the deposit of money belonging to other persons with the county treasurer; providing for payment of such money to owners; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2:
(a) Each county officer or employee who, in his official capacity, receives any money belonging to a person, partnership, corporation, association or other entity, other than the county or himself, shall immediately deposit it with the county treasurer and obtain a receipt for it.
(b) Money deposited in accordance with this subsection is not part of the public funds of the county.
(c) Money deposited with the county treasurer in accordance with this subsection shall be paid to the owner upon the presentation of a certificate from the officer or employee who deposited the money, attesting that payment of the money is authorized by law and that the person or other entity requesting payment is the owner of the money and entitled to possession of it.
2. The provisions of subsection 1 do not apply:
(a) In counties where ordinances establishing central receiving and disbursing systems have been enacted pursuant to NRS 244.207.
(b) To money collected by a county assessor as agent for the department of motor vehicles which shall be remitted to the state at least weekly.
(c) To money directed by court order to be deposited with the clerk of the court.
(d) To amounts paid to the clerk of the court pursuant to support orders made pursuant to chapter 130 of NRS.
________
κ1977 Statutes of Nevada, Page 1045κ
Senate Bill No. 476Committee on Commerce and Labor
CHAPTER 508
AN ACT relating to thrift companies; providing for certain security requirements; revising certain reserve requirements; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 677.170 is hereby amended to read as follows:
677.170 1. At the time of filing an application for authorization to engage in business under this chapter, the applicant shall file with the director a bond or an irrevocable letter of credit in the sum of $1,000,000, upon which the applicant is the obligor. [, with]
2. If the applicant files a bond it shall be signed by one or more sureties approved by the director, whose liability as sureties need not exceed that amount in the aggregate.
3. If the applicant files an irrevocable letter of credit it shall be issued by a bank approved by the director and whose deposits are insured by the Federal Deposit Insurance Corporation.
[2.] 4. The bond or letter of credit shall be conditioned that the obligor [will faithfully] shall:
(a) Faithfully conform to and abide by the provisions of this chapter and all regulations [made] adopted by the director under this chapter. [The bond shall be conditioned that the obligor shall pay]
(b) Pay to the state and to any person all money that becomes due or owing to the state or to such person from the obligor under the provisions of this chapter.
5. The terms of the bond or letter of credit shall be approved by the director.
[3.] 6. A licensee which proposes to issue certificates shall file with the director a fidelity bond providing fidelity coverage on each officer, director and employee of $100,000. The fidelity bond may be either a bankers blanket bond or finance companys blanket bond, but shall be written by an insurer who has been approved by the director.
Sec. 2. NRS 677.200 is hereby amended to read as follows:
677.200 1. All officers and a majority of the directors of a corporation formed to engage in business under this chapter shall be citizens of this state. The president and secretary of the corporation must own voting stock of the corporation.
2. The president of the corporation [must have had at least] shall have not less than 10 years experience in a regulated financial institution in this state, or in any other state or the District of Columbia. The manager [must have had at least 5] of the principal office and any branch office shall have not less than 2 years experience in a regulated financial institution in this state, or in any other state or the District of Columbia.
Sec. 3. NRS 677.620 is hereby amended to read as follows:
677.620 1. A licensee shall not have outstanding at any time its thrift certificates, exclusive of those hypothecated with the licensee issuing them, in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
κ1977 Statutes of Nevada, Page 1046 (CHAPTER 508, SB 476)κ
in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
2. If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the director may increase the ratio of thrift certificates to paid up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The director may decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
3. No licensee may have total borrowings, exclusive of thrift certificates, which exceed the larger of:
(a) Five times its capital and surplus; or
(b) The face amount of its total thrift certificates outstanding at the time a borrowing is made.
[3.] 4. Each licensee shall establish a thrift insurance guarantee fund immediately upon beginning business, as a special account with an initial balance of $15,000. Money cannot be withdrawn from the fund or the account put to any other use without the permission of the director. Money in the fund may be invested only in obligations of the United States, this or any other state, or a bank or savings and loan association whose principal office is in this state [.] and whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. At the end of each fiscal year of the licensee an amount equal to three-tenths of 1 percent of the licensees outstanding thrift certificates shall be added to the fund, until the fund balance reaches $350,000. Interest earned on the principal of the fund shall not be withdrawn except as permitted for other money of the fund, but may be credited against the required addition.
________
Assembly Bill No. 532Committee on Taxation
CHAPTER 509
AN ACT relating to taxation; making various amendments to the laws relating to property taxes and taxes on mines and mine proceeds; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 360.240 is hereby amended to read as follows:
360.240 1. The department shall have the power to summon witnesses to appear and testify on any subject material to its responsibilities under this Title. No property owner and no officer, director, superintendent, manager or agent of any company or corporation, whose property is wholly in one county, shall be required to appear, without his consent, at a place other than the county seat or at the nearest town to his place of residence or the principal place of business of such company or corporation.
κ1977 Statutes of Nevada, Page 1047 (CHAPTER 509, AB 532)κ
consent, at a place other than the county seat or at the nearest town to his place of residence or the principal place of business of such company or corporation.
2. Such summons may be served by personal service by the executive director or his agent or by the sheriff of the county, who shall certify to such service without compensation therefor.
3. The department may issue subpenas to compel the attendance of witnesses and the production of books and papers and may seek to enforce the subpenas by petition to any court of competent jurisdiction in the manner provided by law.
4. Any member of the Nevada tax commission, the executive director or any officer of the department designated by them may administer oaths to witnesses.
Sec. 2. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. Such valuation shall not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3 and 4, the foregoing shall be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then [proceed to] determine the total aggregate mileage operated within the state and within [the] its several counties, [thereof,] and apportion the [same] mileage upon a mile-unit valuation basis, and the number of miles [so] apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation [so] established by the Nevada tax commission.
3. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and [such] the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
κ1977 Statutes of Nevada, Page 1048 (CHAPTER 509, AB 532)κ
4. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and [such] the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
5. The Nevada tax commission shall adopt formulas, and cause [the same] them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assessed by it. [Such] The formulas shall be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but [such] the formulas shall in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it.
6. [The] As used in this section, the word company [shall be construed to mean and include] means any person or persons, company, corporation or association engaged in the business described.
7. In case of [the] an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein [such] the property is situated shall assess [the same.] it.
8. All other property shall be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land, livestock and mobile homes shall be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
9. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of [such] the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
10. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state shall be transmitted directly to the state treasurer. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
κ1977 Statutes of Nevada, Page 1049 (CHAPTER 509, AB 532)κ
a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 361.340 is hereby amended to read as follows:
361.340 1. [The] Except as provided in subsection 2, the board of equalization of each county shall consist of:
(a) Five members, only two of [which] whom may be elected public officers, in counties having a population of 10,000 or more; and
(b) Three members, only one of [which] whom may be an elected public officer, in counties having a population of less than 10,000,
as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. A district attorney, county treasurer or county assessor or any of their deputies or employees shall not be appointed to the county board of equalization.
3. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. Such nominees shall be appointed upon a majority vote of the board of county commissioners. The chairman of [such] the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
[3.] 4. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy shall be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office. The first terms beginning July 1, 1975, shall be as follows:
(a) For boards consisting of five members:
(1) Two members, 4 years.
(2) Two members, 3 years.
(3) One member, 2 years.
(b) For boards consisting of three members:
(1) One member, 4 years.
(2) One member, 3 years.
(3) One member, 2 years.
[4.] 5. The county clerk shall be the clerk of the county board of equalization.
[5.] 6. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, such member is guilty of malfeasance in office or neglect of duty.
[6.] 7. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided by law.
[7.] 8. A majority of the members of the county board of equalization [shall be] is sufficient to constitute a quorum, and a majority of the board shall determine the action of the board.
[8.] 9. The county board of equalization of each county shall meet during [the month of] January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section.
κ1977 Statutes of Nevada, Page 1050 (CHAPTER 509, AB 532)κ
during [the month of] January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section. The county board of equalization shall conclude the business of equalization on or before the 25th day of January of each year. The state board of equalization [shall have power to] may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
[9.] 10. The county assessor or his deputy shall attend all meetings of the county board of equalization.
Sec. 5. NRS 361.375 is hereby amended to read as follows:
361.375 1. The state board of equalization shall consist of five members appointed by the governor. The governor shall designate one of the members to serve as chairman of the board.
2. The board members shall respectively possess the following qualifications:
(a) One shall be a certified public accountant or a registered public accountant.
(b) One shall be a property appraiser with a professional designation.
(c) One shall be versed in the valuation of centrally assessed properties.
(d) Two shall be versed in business generally.
3. Only three of the members may be of the same political party and no more than two may be from the same county.
4. An elected public officer or his deputy, employee or any person appointed by him to serve in another position shall not be appointed to serve as a member of the state board of equalization.
[4.] 5. The first appointments to the board shall be for terms beginning July 1, 1975, as follows:
(a) Two members for 4 years.
(b) One member for 3 years.
(c) One member for 2 years.
(d) One member for 1 year.
Thereafter, all members shall be appointed for terms of 4 years, except when appointed to fill unexpired terms. Appointments to fill vacancies on the board shall be for the unexpired term of the board member to be replaced, and shall be made by the governor. No member may serve more than two full terms consecutively.
[5.] 6. Any member of the board may be removed by the governor if, in his opinion, such member is guilty of malfeasance in office or neglect of duty.
[6.] 7. Each board member shall receive as compensation $40 for each day actually employed on the work of the board. The board members are entitled to receive the per diem allowance and travel expenses as provided by law.
[7.] 8. A majority of the members of the board shall be sufficient to constitute a quorum, and a majority of the board shall determine the action of the board.
κ1977 Statutes of Nevada, Page 1051 (CHAPTER 509, AB 532)κ
action of the board. The board may make regulations governing the conduct of its business.
[8.] 9. The staff requirements of the state board of equalization shall be provided by the department and the executive director shall serve as the secretary of the board.
Sec. 6. NRS 361.420 is hereby amended to read as follows:
361.420 1. Any property owner whose taxes [exceed the sum of $300 and] are in excess of the amount which [such] the owner claims justly to be due may pay each installment of taxes as it becomes due under protest in writing, which protest shall be in triplicate and filed with the county treasurer at the time of the payment of the installment of taxes. The county treasurer forthwith shall forward one copy of the protest to the attorney general and one copy to the state controller.
2. The property owner, having protested the payment of taxes as provided in subsection 1 [,] and having been denied relief by the state board of equalization, may commence a suit in any court of competent jurisdiction in the State of Nevada against the state and county in which the taxes were paid, and, in a proper case, both the Nevada tax commission and the department may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which [such] the owner claims justly to be due, and [such] the owner may complain upon any of the grounds contained in subsection 4.
3. Every action commenced under [and by virtue of] the provisions of this section shall be commenced within 3 months [from] after the date of the payment of the last installment of taxes, and if not so commenced shall be forever barred. If the tax complained of [shall be] is paid in full and under the written protest provided for in this section, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due shall be commenced within 3 months [of] after the date of the full payment [thereof,] of the tax, and if not so commenced shall be forever barred.
4. In any suit brought under the provisions of this section, the person assessed may complain or defend upon any of the following grounds:
(a) That the taxes have been paid before the suit;
(b) That the property is exempt from taxation under the provisions of the revenue or tax laws of the state, specifying in detail the claim of exemption;
(c) That the person assessed was not the owner and had no right, title or interest in the property assessed at the time of assessment;
(d) That the property is situate in and has been duly assessed in another county, and the taxes thereon paid;
(e) That there was fraud in the assessment or that the assessment is out of proportion to and above the actual cash value of the property assessed;
(f) That the assessment is out of proportion to and above the valuation fixed by the Nevada tax commission for the year in which the taxes were levied and the property assessed; or
(g) That the assessment complained of is discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the full cash value of the property so assessed than that at which the other property in the state is assessed.
κ1977 Statutes of Nevada, Page 1052 (CHAPTER 509, AB 532)κ
but is at a higher rate of the full cash value of the property so assessed than that at which the other property in the state is assessed.
5. In a suit based upon any one of the grounds mentioned in paragraphs (e) to (g), inclusive, of subsection 4, the court shall conduct the trial without a jury and confine its review to the record before the state board of equalization. Where procedural irregularities by the board are alleged and are not shown in the record, the court may take evidence respecting the allegation and, upon the request of either party, shall hear oral argument and receive written briefs on the matter.
6. In all cases mentioned in this section [,] where the complaint is based upon any grounds mentioned in subsection 4, the entire assessment shall not be declared void [,] but shall only be void as to the excess in valuation.
[6.] 7. In any judgment recovered by the taxpayer under this section, the court may provide for interest thereon not to exceed 6 percent per annum from and after the date of payment of the tax complained of.
Sec. 7. NRS 361.430 is hereby amended to read as follows:
361.430 In every action brought under the provisions of NRS [361.415 and] 361.420, the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that any valuation established by the Nevada tax commission or the county assessor or equalized by the county board of equalization or the state board of equalization is unjust and inequitable.
Sec. 8. NRS 361.435 is hereby amended to read as follows:
361.435 Any property owner owning property of like kind [and character] in more than one county in the state and desiring to proceed with a suit under the provisions of NRS [361.415 or] 361.420 may, where the issues in the cases are substantially the same in all or in some of the counties concerning the assessment of taxes on such property, consolidate any [or all] of the suits in one action and bring [the same] the action in any court of competent jurisdiction in Carson City, [State of] Nevada.
Sec. 9. Chapter 362 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person dissatisfied by any certification of the Nevada tax commission may appeal that determination to the state board of equalization after payment of taxes under protest. The appeal shall be filed within 30 days after the certification is sent to the taxpayer.
Sec. 10. (Deleted by amendment.)
Sec. 11. NRS 362.180 is hereby amended to read as follows:
362.180 1. In any suit arising concerning the assessment and taxation of the proceeds of mines, the burden of proof [shall be] is upon the owner of [such] the mine, mining claim or patented mine, to show if he so alleges or contends that the assessment certified by the Nevada tax commission is unjust, improper or otherwise invalid.
2. Every mine owner [shall be] is entitled to the benefit of the provisions of NRS [361.415] 361.420 to 361.435, inclusive, insofar as [the same] they may be applicable.
Sec. 12. NRS 362.200 is hereby amended to read as follows:
362.200 1. The department may examine the records of any person, partnership, association or corporation operating or receiving royalties from any mine in this state.
κ1977 Statutes of Nevada, Page 1053 (CHAPTER 509, AB 532)κ
partnership, association or corporation operating or receiving royalties from any mine in this state. [Such] The records shall be subject to examination at all times by the department or its duly authorized agents and shall remain available for [such] examination for a period of [3] 4 years from the date of any entry therein.
2. If any person, partnership, association or corporation operating a mine whose gross yield as reported to the department for any semi-annual reporting period during the [3] 4 years immediately preceding the examination was $50,000 or more keeps his books and records pertaining to such operation or royalties elsewhere than within the State of Nevada for examination as provided in subsection 1, the person, partnership, association or corporation shall pay an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which an examiner is actually engaged in examining the books, plus the actual expenses of that examiner during the time he is absent from Carson City, Nevada, for the purpose of making such examination, but such time shall not exceed 1 day going to and 1 day coming from the place of examination. No more than one such examination shall be charged against a person, partnership, association or corporation in any 1 fiscal year.
3. The department may hold hearings and summon and subpena witnesses to appear and testify upon any subject material to the determination of the net proceeds of mines. [Such] The hearings may be held at [such] any place [or places as] the department [shall designate,] designates, after not less than 10 days notice of the time and place of [such] the hearing given in writing to the owner or operator of the mine. [Such] The owner or operator [shall be] is entitled, on request made to the executive director, to the issuance of the departments subpena requiring witnesses in behalf of [such] the owner or operator to appear and testify at such hearing.
4. The failure of a witness to obey the subpena of the department shall subject [such] the witness to the same penalties [as are] prescribed by law for failure to obey a subpena of a district court.
Sec. 13. NRS 473.050 is hereby amended to read as follows:
473.050 1. For the consideration and approval of the district board of directors, the state forester firewarden shall annually:
(a) Prepare a budget estimating the amount of money which will be needed to defray the expenses of the district organized under the provisions of NRS 473.020 and 473.030.
(b) Determine the amount of a special tax sufficient to raise the sum estimated to be necessary. The amount of the tax to be collected for the purposes of this section shall not exceed, in any 1 year, 1 percent of the assessed value of the property described in subsection 2.
2. When so determined, the state forester firewarden shall certify the amount of the estimated sum and the estimated tax to the board of county commissioners in the county or counties wherein such district or portion thereof is located. At the time of making the levy of county taxes for that year, the board of county commissioners may levy the tax certified, or a tax determined by the board of county commissioners to be sufficient for the purpose, upon all the real property, together with improvements thereon, and all [telephone lines, powerlines and other public utility lines which are defined as personal property within the provisions of NRS 361.030,] property valued by the Nevada tax commission pursuant to NRS 361.320 and 361.325 and similar intracounty properties in the district within its county.
κ1977 Statutes of Nevada, Page 1054 (CHAPTER 509, AB 532)κ
which are defined as personal property within the provisions of NRS 361.030,] property valued by the Nevada tax commission pursuant to NRS 361.320 and 361.325 and similar intracounty properties in the district within its county. [Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.]
3. If levied, the tax shall be assessed and collected in the same manner, at the same time and by the same officers as are state and county property taxes, and shall be paid to the county treasurer. The county treasurer shall keep the money in a separate fund designated by district name and it shall be used only for fire protection purposes.
4. Any tax money or county general fund money provided for support of the district may be used to provide structural as well as forest or watershed fire protection if deemed necessary. All [such] funds shall be expended in accordance with an annual budget prepared by the state forester firewarden and approved by the board of directors. The [moneys] money so provided shall be disbursed by the county treasurer to the responsible protecting agencies in accordance with the budget. All claims shall be:
(a) Certified by a responsible officer of the protecting agency.
(b) Subject to approval and audit as are other claims against the agency.
(c) Subject to inspection and audit by the state forester firewarden and the board of county commissioners.
5. Any [moneys] money budgeted for forest and watershed protection shall be deposited in the state treasury [in] to the credit of the division of forestry account [in the] within the state general fund and may be disbursed by the state forester firewarden in accordance with the district budget, and shall be used for the sole purpose of the prevention and suppression of fires in such organized fire protection districts in accordance with state law [, rules] and regulations.
Sec. 14. NRS 361.415 is hereby repealed.
________
Senate Bill No. 510Committee on Judiciary
CHAPTER 510
AN ACT relating to crimes against decency and morals; extending the crime of pandering to include keeping in prostitution; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.300 is hereby amended to read as follows:
201.300 1. Any person who:
(a) [Shall induce, persuade, encourage, inveigle or entice a female] Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute [; or] or to continue to engage in prostitution;
κ1977 Statutes of Nevada, Page 1055 (CHAPTER 510, SB 510)κ
Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute [; or] or to continue to engage in prostitution;
(b) By threats, violence or by any device or scheme, [shall cause, induce, persuade, encourage, take, place, harbor, inveigle or entice a female] causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution [,] or assignation place, or any place where prostitution is practiced, encouraged or allowed; [or]
(c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, [shall take, place, harbor, inveigle, entice, persuade, encourage or procure any female] takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution; [or]
(d) [Shall, by] By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, [take, place, harbor, inveigle, entice, persuade, encourage or procure any female] takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed for the purpose of sexual intercourse; [or]
(e) Takes or detains a [female] person with the intent to compel [her] such person by force, threats, menace or duress to marry him or [to marry] any other person; or
(f) [Shall receive or give or agree] Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure any [female] person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,
[shall be] is guilty of pandering.
2. Any person who is guilty of pandering shall be punished:
(a) Where physical force or the immediate threat of such force is used upon the [female] person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. This section does not apply to the patron of a prostitute.
Sec. 2. NRS 201.340 is hereby amended to read as follows:
201.340 1. Any person who [shall] knowingly [transport or cause] transports or causes to be transported, by any means of conveyance, into, through or across this state, or who [shall aid or assist] aids or assists in obtaining such transportation for [,] any [female] person [,] with the intent and purpose to induce, persuade, encourage, inveigle, entice or compel such [female] person to become a prostitute [, shall be deemed] or to continue to engage in prostitution is guilty of pandering, and upon conviction thereof shall be punished:
(a) Where physical force or the immediate threat of such force is used upon the [female] person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
κ1977 Statutes of Nevada, Page 1056 (CHAPTER 510, SB 510)κ
upon the [female] person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Any person who [may commit] commits the crime mentioned in this section may be prosecuted, indicted, tried and convicted in any county or city in or through which he [shall so transport or attempt] transports or attempts to transport [any female person.] the person.
________
Senate Bill No. 431Committee on Commerce and Labor
CHAPTER 511
AN ACT relating to the practice of engineering; revising the list of identifying terms which may not be utilized in corporate filings or elsewhere by persons not properly registered for such practice; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.045 is hereby amended to read as follows:
78.045 1. The secretary of state shall [refuse to] not accept for filing [in his office] any articles of incorporation [,] or any certificate of amendment of articles of incorporation [,] of any corporation [heretofore or hereafter] formed under the laws of this state [,] which provides that the name of the corporation [shall contain therein] contain the word trust unless:
(a) It [shall appear] appears from the articles, or the certificate of amendment, [thereof,] that the corporation proposes to carry on a trust company business, either exclusively or in connection with the banking business; and
(b) [Such] The articles or certificate of amendment [shall] is first [be] approved by the superintendent of banks.
2. The secretary of state shall [refuse to] not accept for filing [in his office] any articles of incorporation [,] or any certificate of amendment of articles of incorporation [,] of any corporation [heretofore or hereafter] formed under this chapter [,] when it [shall appear] appears from [such] the articles or [such] the certificate of amendment [thereof] that the business to be carried on by [such] the corporation is subject to supervision by the commissioner of insurance, unless [such] the articles or certificate of amendment [shall] is first [be] approved by the commissioner of insurance.
3. The secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed under the laws of this state if the name of the corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless:
κ1977 Statutes of Nevada, Page 1057 (CHAPTER 511, SB 431)κ
corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless:
(a) The state board of registered professional engineers certifies that the principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, under the laws of this state; or
(b) The state board of registered professional engineers certifies that the corporation is exempt from the prohibitions of NRS 625.520.
4. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities and Exchange Act of 1934, which does not engage in the practice of professional engineering.
5. The superintendent of banks and the commissioner of insurance are authorized, in their discretion, to approve or disapprove [such] the articles or amendments [as may be] referred to them under the provisions of this section.
Sec. 2. NRS 625.520 is hereby amended to read as follows:
625.520 1. It is unlawful for:
(a) Any person, firm, partnership or corporation not properly licensed or exempted under the provisions of this chapter to:
(1) Practice, continue to practice, offer to practice or attempt to practice engineering or any branch thereof;
(2) Employ, use or cause to be used any of the following terms or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit, namely, engineer, professional [engineer, licensed engineer, engineered or engineering;] engineer or licensed engineer; or
(3) Directly or indirectly employ any means which in any manner whatsoever tends or is likely to create the impression on the public or any member thereof that any person is qualified or authorized to practice engineering.
(b) Any registered professional engineer to practice or offer to practice a branch of professional engineering in which the board has not qualified him.
(c) Any person to present or attempt to use, as his own, the certificate of registration or the seal of another.
(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration.
(e) Any person to impersonate falsely any other registrant of like or different name.
(f) Any person to attempt to use an expired or revoked certificate of registration.
(g) Any person to violate any of the provisions of this chapter.
2. Whenever any person is engaging or is about to engage in any acts or practices which constitute a violation of this chapter, the district court in any county, if such court would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against such acts or practices pursuant to Rule 65 of the Nevada Rules of Civil Procedure.
κ1977 Statutes of Nevada, Page 1058 (CHAPTER 511, SB 431)κ
3. [Nothing in this section] This section shall not be construed to prevent a contractor licensed under the provisions of chapter 624 of NRS from using the term engineer or engineering if such term is used by the state contractors board in describing a specific classification.
4. Subparagraph (a)(2) does not apply to any foreign corporation, whose securities are publicly traded and regulated pursuant to the Securities and Exchange Act of 1934, which does not engage in professional engineering.
5. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
________
Senate Bill No. 355Committee on Finance
CHAPTER 512
AN ACT making an appropriation to the Nevada state prison for the purpose of establishing honor camps for the employment of prisoners upon conservation projects; providing for a method of selecting prisoners who are assigned to honor camps; and providing other matters properly relating thereto.
[Approved May 13, 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 a new section which shall read as follows:
1. The director shall not assign any prisoner to an honor camp which is established for conservation projects if the prisoner:
(a) Is not eligible for parole or release from prison within a reasonable period of time;
(b) Has recently committed a serious infraction of the rules of an institution of the department of prisons;
(c) Has not performed the duties assigned to him in a faithful and orderly manner;
(d) Has committed an assault upon any person; or
(e) Has attempted to escape or has escaped from an institution of the department of prisons.
2. The director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.
Sec. 2. There is hereby appropriated from the state general fund to the Nevada state prison for the purpose of establishing honor camps for the employment of prisoners upon conservation projects:
1. The sum of $75,500 as an additional and supplemental appropriation to that allowed and made by section 35 of chapter 679, Statutes of Nevada 1975.
2. The sum of $139,155 for the fiscal year beginning July 1, 1977, and ending June 30, 1978.
3. The sum of $121,649 for the fiscal year beginning July 1, 1978, and ending June 30, 1979.
κ1977 Statutes of Nevada, Page 1059 (CHAPTER 512, SB 355)κ
Sec. 3. After June 30, 1977, the unencumbered balance of the appropriation made in subsection 1 of section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 4. After June 30, 1979, the unencumbered balance of the appropriations made in subsections 2 and 3 of section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 326Senators Sheerin and Gojack
CHAPTER 513
AN ACT relating to conservation of energy; providing additional standards for construction of buildings; providing for local enforcement of standards; removing certain powers and duties of the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 341.260 is hereby amended to read as follows:
341.260 1. The board [, in conjunction with the public service commission of Nevada,] shall establish [insulation] standards for the conservation of energy by regulation by January 1, 1978, for all buildings, public and private, [constructed in the State of Nevada.] the construction of which is commenced on or after July 1, 1978. Such standards shall apply to:
(a) Construction of floors, walls, ceilings and roofs;
(b) Heating, ventilating and air-conditioning equipment and systems;
(c) Electric systems;
(d) Water heating equipment and systems; and
(e) Insulation.
Modifications may be made to coincide with applicable federal requirements or for any other purpose in the public interest. [, but only upon the approval of both the board and the public service commission of Nevada.]
2. The board shall establish exemptions for buildings to which the standards, if applied, would not promote conservation of energy.
3. The standards shall include provisions authorizing design and construction allowances to the extent solar, geothermal, wind or other nondepletable energy sources are used to supply all or a part of the energy requirements of a public or private building.
4. The standards shall include provisions authorizing deviations from specific design criteria where it can be demonstrated that the deviation will not result in an increase in the annual energy consumption of the building to which the standards apply.
[2. Insulation] 5. The standards established pursuant to subsection 1 [are intended to] establish minimum [insulation] requirements [and do not supersede] which shall be included in the building codes of every city and county, except that the requirements may be superseded by more stringent requirements imposed by the building codes of any city or county.
κ1977 Statutes of Nevada, Page 1060 (CHAPTER 513, SB 326)κ
every city and county, except that the requirements may be superseded by more stringent requirements imposed by the building codes of any city or county. The sufficiency of city and county [insulation] standards shall be determined by the board. The board is responsible for the promulgation and implementation [and enforcement] of such standards.
6. The standards shall be enforced by the governing body of any county, city or town of this state. For a county, city or town which does not issue building permits the board shall, upon request, provide assistance in enforcing the standards.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1977.
________
Senate Bill No. 199Committee on Judiciary
CHAPTER 514
AN ACT relating to traffic violations; providing a procedure on failure to appear in court on certain traffic citations; making an appropriation; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If a warrant issued for violation of a written promise to appear pursuant to a citation issued for violation of a traffic law or ordinance other than one governing standing or parking is not executed within 30 days after issue, and if the citation shows that the violator holds a Nevada drivers license, the court shall promptly report the inability to execute the warrant to the department on a form to be provided by the department.
2. For a person so reported, the department shall not reinstate a license after suspension, revocation or cancellation or issue a duplicate, renewal or changed license until the department has received further notice from the court that the applicant or licensee has appeared or the case has been adjudicated, appealed or otherwise disposed of as provided by law. The court shall give such notice, on a form to be provided by the department, within 5 judicial days after the action is taken.
3. The applicant or licensee shall pay to the court a fee of $10 to be remitted by the court to the department with the notice provided for in subsection 2. All fees received pursuant to this subsection shall be deposited with the state treasurer to the credit of an account within the state general fund and may be used by the department with the approval of the department of administration to defray the costs of administering the provisions of this section to the extent that those costs are not covered by legislative appropriations.
Sec. 2. NRS 483.010 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1061 (CHAPTER 514, SB 199)κ
483.010 NRS 483.010 to 483.630, inclusive, and section 1 of this act may be cited as the Uniform Motor Vehicle Drivers License Act.
Sec. 3. NRS 484.807 is hereby amended to read as follows:
484.807 1. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a traffic citation regardless of the disposition of the charge for which such citation was originally issued.
2. A written promise to appear in court may be complied with by an appearance by counsel.
3. A warrant may issue upon a violation of a written promise to appear.
Sec. 4. There is hereby appropriated from the state general fund to the department of motor vehicles to carry out the provisions of section 1 of this act the sum of $128,000 for the fiscal year 1978-79.
Sec. 5. Section 1 of this act applies to warrants issued on or after July 1, 1978, upon violation of promises contained in citations issued on or after June 1, 1978.
________
Senate Bill No. 147Committee on Legislative Functions
CHAPTER 515
AN ACT relating to the legislature of the State of Nevada; authorizing payment of per diem and travel expenses for legislators attending presession orientation conferences; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session or presession orientation conference of the legislature shall be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session or termination of a presession orientation conference of the legislature, each senator and assemblyman shall receive:
(a) A per diem expense allowance of $40 for one days travel to and one days travel from regular and special sessions and presession orientation conferences of the legislature.
(b) Travel expenses computed at the rate of 17 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental travel allowance which shall not exceed:
κ1977 Statutes of Nevada, Page 1062 (CHAPTER 515, SB 147)κ
(a) A total of $1,700 during each regular session of the legislature; and
(b) A total of $710 during each special session of the legislature,
for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee hearings, computed at the rate of 17 cents per mile.
4. Each senator and assemblyman shall be allowed for each day that the legislature is in regular or special session or in a presession orientation conference a per diem allowance of $40 per day.
5. Each senator and assemblyman is entitled to receive not to exceed the total sum of $500 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $200 during each special session of the legislature.
6. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
7. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session [.] and upon completion of a presession orientation conference.
________
Senate Bill No. 66Committee on Judiciary
CHAPTER 516
AN ACT relating to motor vehicles; amending administrative procedures relating to licenses; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233B.121 is hereby amended to read as follows:
233B.121 1. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
2. The notice shall include:
(a) A statement of the time, place and nature of the hearing.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and regulations involved.
(d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved.
κ1977 Statutes of Nevada, Page 1063 (CHAPTER 516, SB 66)κ
notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
3. Any party is entitled to be represented by counsel.
4. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. An agency may by regulation authorize the payment of witness fees and mileage in the same amounts and under the same conditions as for witnesses in the courts of this state.
5. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.
6. The record in a contested case shall include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) A statement of matters officially noticed.
(d) Questions and offers of proof and objections, and rulings thereon.
(e) Proposed findings and exceptions.
(f) Any decision, opinion or report by the hearing officer presiding at the hearing.
7. Oral proceedings, or any part thereof, shall be transcribed on request of any party.
8. Findings of fact shall be based exclusively on substantial evidence and on matters officially noticed.
Sec. 2. NRS 482.353 is hereby amended to read as follows:
482.353 1. The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the director in writing for a hearing.
2. [Within 10 days after the hearing,] Subject to the further requirements of subsection 3, the director shall make written findings of fact and conclusions and [shall either] grant or finally deny the application or revoke the license [.] within 15 days after the hearing unless by interim order he extends the time to 30 days after the hearing. If the license has been temporarily suspended, the suspension expires no later than 15 days after the hearing.
3. [Notwithstanding the provisions of subsections 1 and 2, the department may, if] If the director finds that the action is necessary in the public interest, upon notice to the licensee, he may temporarily suspend or refuse to renew the license certificate issued to a manufacturer, dealer or rebuilder [pursuant to NRS 482.322,] and the special plates issued to a manufacturer or dealer [pursuant to NRS 482.330,] for a period not to exceed 30 days. [In any such case a] A hearing shall be held, and a final decision rendered within 30 days after notice of the temporary suspension.
4. The director or his agent may administer oaths and issue subpenas for the attendance of witnesses and the production of evidence.
Sec. 3. NRS 482.354 is hereby amended to read as follows:
482.354 [1. If the application or license is denied or revoked, the applicant or licensee may, within 30 days from the date of denial or revocation, appeal to the district court of Carson City or of the county of his principal place of business.
κ1977 Statutes of Nevada, Page 1064 (CHAPTER 516, SB 66)κ
2. The action shall be tried as other civil actions, and shall be conducted as] Upon judicial review of the denial or revocation of a license, the court for good cause shown may order a trial de novo.
Sec. 4. Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
Assembly Bill No. 59Committee on Agriculture
CHAPTER 517
AN ACT relating to the advertisement of petroleum products; providing for changes in requirements for advertising motor fuels; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.170 is hereby amended to read as follows:
590.170 1. [No] Except as otherwise provided in this section, a person shall not keep, maintain or display in this state any advertising medium which indicates or shows or advertises the price of gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale from [such] the premises, unless the actual price per gallon of gasoline or other motor vehicle fuel, including taxes, is also shown on [such] the advertising medium, together with the word or words gasoline or motor fuel, and the trade name or brand.
2. The price of diesel motor fuel may be advertised excluding state tax, but only by a sign which clearly and conspicuously contains the wording With Permit, With State Permit, or words of similar meaning in letters of uniform size not less than 4 inches in height. Diesel motor fuel dispensers displaying unit price without state tax shall be labeled in letters not less than 1 inch in height with the words Permit Price, With State Permit, or words of similar meaning.
[2. For the purposes of subsection 1,] 3. Except as provided in subsection 2, retail devices displaying the unit price in order to compute or record deliveries shall not be considered an advertising medium.
Sec. 2. NRS 590.210 is hereby amended to read as follows:
590.210 All letters used in designating the word gasoline or the words motor fuel [and the words tax or tax included] shall be at least 4 inches in height and the height shall not be more than twice the dimension of the width of each [such] letter.
Sec. 3. NRS 590.230 is hereby amended to read as follows:
590.230 1. The advertising medium referred to in NRS 590.160 to 590.330, inclusive, shall not contain any other advertising matter [whatsoever] except words of description of the product sold or offered for sale, and [if] method of sale, such as self-serve, full serve, or words of similar meaning. If words of description or method of sale of the product offered [for sale] or advertised [for sale] by any such sign are used, the letters, figures or numerals which form any words [, marks, letters, figures or numerals of description shall not be] shall not be larger than the words, marks, letters, figures or numerals used in forming or designating the [brand name or the words no brand.]
κ1977 Statutes of Nevada, Page 1065 (CHAPTER 517, AB 59)κ
used, the letters, figures or numerals which form any words [, marks, letters, figures or numerals of description shall not be] shall not be larger than the words, marks, letters, figures or numerals used in forming or designating the [brand name or the words no brand.] price per unit of measure.
2. When the price of a brand or grade of gasoline or other motor fuel is advertised by means of a price sign and is sold at different prices from the dispensing devices on the premises, the sign or signs advertising the price shall include notice of the conditions under which the brand or grade is sold. When terms stating the condition of sale, including self-serve, full serve, or words of similar meaning, appear on a price sign, there shall be signs designating self-serve and full serve islands, pumps or dispensing devices in letters of 4 inches in height or more, conspicuously posted, showing the pumps or dispensing devices where the product is sold at each price.
________
Senate Bill No. 266Committee on Environment, Public Resources and Agriculture
CHAPTER 518
AN ACT relating to the Tahoe Regional Planning Agency; restricting certain gaming activities to certain places within the area under the control of the agency; providing changes in the composition of the agencys governing body; providing certain civil penalties; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that the waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.
(b) It is further declared that by virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.
(c) It is further found and declared that there is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, to preserve the scenic beauty and recreational opportunities of the region, and it is recognized that for the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to adopt and enforce a regional plan of resource conservation and orderly development, to exercise effective environmental controls and to perform other essential functions, as enumerated in this title.
κ1977 Statutes of Nevada, Page 1066 (CHAPTER 518, SB 266)κ
efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to adopt and enforce a regional plan of resource conservation and orderly development, to exercise effective environmental controls and to perform other essential functions, as enumerated in this title.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of [the Counties of Douglas, Ormsby, and Washoe] Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 [,] North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan shall mean the long-term general plan for the development of the region.
(e) Interim plan shall mean the interim regional plan adopted pending the adoption of the regional plan.
(f) Planning commission means the advisory planning commission appointed pursuant to paragraph (h) of Article III.
(g) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.
(h) Restricted gaming license means a license to operate slot machines on which a quarterly tax is levied pursuant to NRS 463.373.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
κ1977 Statutes of Nevada, Page 1067 (CHAPTER 518, SB 266)κ
One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. [Each member shall be a member of the city council or county board of supervisors which he represents and, in the case of a supervisor, shall be a resident of a county supervisorial district lying wholly or partly within the region.] Any member may be a member of the city council or county board of supervisors and shall reside in the territorial jurisdiction of the governmental body making the appointment.
One member appointed by each of the boards of county commissioners of Douglas [, Ormsby] and Washoe counties [.] and one member appointed by the board of supervisors of Carson City. Any member so appointed shall be a resident of the county or city from which he is appointed and may be, but is not required to be:
(1) A member of the board which appoints him; and
(2) A resident of or the owner of real property in the region,
as each board [of county commissioners] may in its own discretion determine. The manner of selecting the person so to be appointed may be further prescribed by [county] ordinance.
A person so appointed shall before taking his seat on the governing body disclose all his economic interests in the region, and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. If any board [of county commissioners] fails to make an appointment required by this paragraph within 30 days after the effective date of this act or the occurrence of a vacancy on the governing body, the governor shall make such appointment. The position of a member appointed by a board [of county commissioners] shall be deemed vacant if such member is absent from three consecutive meetings of the governing body in any calendar year.
One member appointed by the Governor of California and one member appointed by the Governor of Nevada. The appointment of the California member is subject to Senate confirmation, he shall not be a resident of the region and shall represent the public at large. The member appointed by the Governor of Nevada shall not be a resident of the region and shall represent the public at large.
The Administrator of the California Resources Agency or his designee and the Director of the Nevada Department of Conservation and Natural Resources or his designee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) The term of office of the members of the governing body shall be at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held.
κ1977 Statutes of Nevada, Page 1068 (CHAPTER 518, SB 266)κ
greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date oftener than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date, place and agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be two years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) A majority of the members of the governing body from each state shall constitute a quorum for the transaction of the business of the agency. A majority vote of the members present representing each state shall be required to take action with respect to any matter. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) [An advisory planning commission shall be appointed by the agency, which shall consist of an equal number of members from each state. The commission shall include but shall not be limited to: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of the Counties of Douglas, Ormsby, and Washoe in Nevada, the Placer County Director of Sanitation, the El Dorado County Director of Sanitation, the county health officer of Douglas County or his designee, the county health officer of Washoe County or his designee, the Chief of the Bureau of Environmental Health of the Health Division of the Department of Health, Welfare and Rehabilitation of the State of Nevada or his designee, the executive officer of the Lahontan Regional Water Quality Control Board or his designee, the executive officer of the Tahoe Regional Planning Agency who shall act as chairman, and at least four lay members each of whom shall be a resident of the region.] An advisory planning commission to the agency is created. A majority of the members of the advisory planning commission constitute a quorum for the transaction of the business of the commission. A majority vote of the quorum present is required to take action with respect to any matter. The commission shall elect from its own members a chairman and a vice chairman, whose terms of office are 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term. The advisory planning commission consists of:
(1) The chief planning officers of Placer County, El Dorado County and the City of South Lake Tahoe in California and Douglas County, Washoe County and Carson City in Nevada, or a designee may represent any of these planning officers.
κ1977 Statutes of Nevada, Page 1069 (CHAPTER 518, SB 266)κ
Washoe County and Carson City in Nevada, or a designee may represent any of these planning officers.
(2) The nonvoting representative of the United States appointed to the governing body, or his designee.
(3) Five residents of the State of Nevada, each of whom shall be appointed by the governing body.
(4) Five residents of the State of California, each of whom shall be appointed by the governing body.
(i) The agency shall establish and maintain an office within the region. The agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken. [Upon receipt of certified copies of the resolutions or notifications appointing the members of the governing body, the Secretary of State of each respective state shall notify the Governor of the state who shall, after consultation with the Governor of the other state, issue a concurrent call for the organization meeting of the governing body at a location determined jointly by the two governors.]
(k) Each state may provide by law for the disclosure or elimination of conflicts of interest on the part of members of the governing body appointed from that state.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this act or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
κ1977 Statutes of Nevada, Page 1070 (CHAPTER 518, SB 266)κ
similar to those enjoyed by employees of California and Nevada generally.
(d) No member or employee of the agency is liable in damages for any act or omission in the course of his official duties, unless the act or omission is malicious.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this paragraph shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this paragraph.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 60 days after such request is delivered to the agency.
Tahoe Regional Plan
(b) Within 15 months after the formation of the agency, the planning commission shall recommend a regional plan. Within 18 months after the formation of the agency, the governing body shall adopt a regional plan. After adoption, the planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall include the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities.
κ1977 Statutes of Nevada, Page 1071 (CHAPTER 518, SB 266)κ
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to, freeways, parkways, highways, transportation facilities, transit routes, waterways, navigation and aviation aids and facilities, and appurtenant terminals and facilities for the movement of people and goods within the region.
(3) A conservation plan for the preservation, development, utilization and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region. Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private individuals.
(c) All provisions of the Tahoe regional general plan shall be enforced by the agency and by the states, counties and cities in the region.
Tahoe Regional Interim Plan
(d) Within 60 days after the formation of the agency, the planning commission shall recommend a regional interim plan. Within 90 days after the formation of the agency, the governing body shall adopt a regional interim plan. The interim plan shall consist of statements of development policies, criteria and standards for planning and development, of plans or portions of plans, and projects and planning decisions, which the agency finds it necessary to adopt and administer on an interim basis in accordance with the substantive powers granted to it in this agreement.
(e) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan and interim plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
κ1977 Statutes of Nevada, Page 1072 (CHAPTER 518, SB 266)κ
developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
(f) All provisions of the interim plan shall be enforced by the agency and by the states, the counties, and cities.
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional and interim plans. Every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the [basin, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory. The regulations] region. Any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation within its territory, if that higher standard does not conflict with the adopted regional plan of the agency. The agency regulations shall contain general, regional standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers; harbors, breakwaters; or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the interim plan or the general plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective [states,] counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the interim or general plan.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the interim plan or the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
Interim regulations shall be adopted within 90 days from the formation of the agency and final regulations within 18 months after the formation of the agency.
[Every plan, ordinance, rule, regulation or policy adopted by the agency shall recognize as a permitted and conforming use any business or recreational establishment which is required by law of the state in which it is located to be individually licensed by the state, if such business or establishment:
(1) Was so licensed on February 5, 1968, or was licensed for a limited season during any part of the calendar year immediately preceding February 5, 1968.
(2) Is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of such a business or establishment.]
κ1977 Statutes of Nevada, Page 1073 (CHAPTER 518, SB 266)κ
in a finally adopted master plan on February 5, 1968, as to permit the construction of such a business or establishment.] Except as otherwise provided in this Article any plan, ordinance, rule, regulation or policy adopted by the agency shall recognize gaming as a permitted or conforming use within the region in the following described areas and no others:
AREA A-1. Commencing at a point which is the state line monument at the intersection of the western right-of-way line of U.S. Highway 50 and the California-Nevada boundary, being in section 27, T. 13 N., R. 18 E., M.D.B. & M. and the true point of beginning; thence south 48°43′03″ east, 82.19 feet; thence south 48°43′00″ east, 862 feet, more or less, to a point which is the intersection of the California-Nevada boundary and the 1/16 section line of section 27, T. 13 N., R. 18 E., M.D.B. & M.; thence south 89°42′40″ east, a distance of 500 feet, more or less, to a point 685.44 feet westerly of the 1/16 corner of section 27; thence north 0°25′42″ west, 783.03 feet; thence north 32°55′00″ west, 411.86 feet; thence north 62°01′39″ west 570.00 feet to the easterly right-of-way of U.S. Highway 50; thence in a northwesterly direction 80 feet more or less, to a point on the westerly right-of-way of U.S. Highway 50; thence in a northerly direction along the westerly right-of-way line to a point which bears north 28°02′00″ east, 1908.33 feet from the true point of beginning; thence north 61°58′00″ west, 700 feet; thence south 28°02′00″ west, 275 feet; thence north 62°03′50″ west, 405.84 feet; thence south 28°02′00″ west, 787.82 feet; thence north 62°03′50″ west, 253.26 feet; thence south 15°08′51″ west, 61.68 feet; thence south 19°11′58″ west, 69.66 feet; thence south 23°36′05″ west, 67.21 feet; thence south 28°22′23″ west, 68.43 feet; thence south 42°46′11″ west, 111.93 feet; thence south 48°34′46″ west, 34.30 feet; thence south 31°41′47″ west, 15.19 feet to a point on the California-Nevada boundary; thence south 48°43′00″ east, 1412.11 feet to the true point of beginning.
AREA A-2. Commencing at a point which is the state line monument at the intersection of the westerly right-of-way of U.S. Highway 50 and the California-Nevada boundary, being in section 27, T. 13 N., R. 18 E., M.D.B. & M.; thence south 48°43′03″ east, 82.19 feet; thence north 27°58′21″ east, 878.08 feet along the easterly right-of-way of said U.S. Highway 50 to the true point of beginning; thence south 62°01′39″ east, 570.00 feet; thence south 32°55′00″ east, 411.86 feet; thence south 00°25′42″ east, 103.00 feet, more or less, to a point which lies south 62°02′00″ east, 1000 feet from the easterly right-of-way line of U.S. Highway 50; thence north 27°58′00″ east, 2230.00 feet; thence north 01°31′00″ west, 275.00 feet; thence north 62°02′00″ west, 333.00 feet; thence south 81°03′31″ west, 581.08 feet; thence south 27°58′00″ west, 1844.00 feet to the point of beginning.
AREA B. Commencing at a point from which the common section corner of sections 22, 23, 26 and 27, T. 13 N., R. 18 E., M.D.B. & M. bears north 60°13′00″ east, 127.20 feet; thence along the westerly right-of-way line of U.S. Highway 50 a distance of 194.96 feet to the true point of beginning; thence north 61°00′33″ west, 199.72 feet; thence south 24°26′47″ west, 75 feet; thence south 61°00′00″ east, 12.36 feet; thence south 18°24′08″ west, 121.97 feet; thence north 61°00′00″ west, 180 feet; thence north 18°23′35″ east a distance of 20 feet, more or less to a point which is the southeast corner of Lot 12, Block 1 of the Oliver Park subdivision; thence north 60°56′54″ west, 172.24 feet; thence north 29°03′06″ east, 15.58 feet; thence along the arc of a tangent curve to the left with a radius of 370 feet, a central angle of 10°39′31″ and an arc length of 68.83 feet; thence north 18°23′35″ east, 8 feet; thence along the arc of a tangent curve to the left with a radius of 20 feet, a central angle of 90°00′00″ and an arc length of 31.42 feet; thence north 71°36′25″ west, 2.70 feet; thence along the arc of a tangent curve to the right with a radius of 425 feet, a central angle of 10°39′31″ and an arc length of 79.06 feet; thence north 29°03′06″ east, 50 feet; thence southeasterly along the arc of a curve, the center of which bears north 29°03′06″ east, with a radius of 375 feet, a central angle of 2°08′22″ and an arc length of 14 feet; thence north 26°54′44″ east, 101.62 feet; thence north 71°36′25″ west, 36.80 feet; thence along the westerly boundary of Lots 12, 11, 10, 9, 8, 7, 6 and 5, Block 2, of the Oliver Park subdivision, 503.63 feet, to a point on the southerly right-of-way line of Kahle Drive; thence north 28°48′49″ east, 50 feet, to a point on the northerly right-of-way line of Kahle Drive; thence north 61°09′47″ west along the right-of-way line, 1022.47 feet, more or less, to a point which bears north 61°09′47″ west, 1622.13 feet from the intersection of the northerly right-of-way line of Kahle Drive and the westerly right-of-way line of U.S.
κ1977 Statutes of Nevada, Page 1074 (CHAPTER 518, SB 266)κ
12.36 feet; thence south 18°24′08″ west, 121.97 feet; thence north 61°00′00″ west, 180 feet; thence north 18°23′35″ east a distance of 20 feet, more or less to a point which is the southeast corner of Lot 12, Block 1 of the Oliver Park subdivision; thence north 60°56′54″ west, 172.24 feet; thence north 29°03′06″ east, 15.58 feet; thence along the arc of a tangent curve to the left with a radius of 370 feet, a central angle of 10°39′31″ and an arc length of 68.83 feet; thence north 18°23′35″ east, 8 feet; thence along the arc of a tangent curve to the left with a radius of 20 feet, a central angle of 90°00′00″ and an arc length of 31.42 feet; thence north 71°36′25″ west, 2.70 feet; thence along the arc of a tangent curve to the right with a radius of 425 feet, a central angle of 10°39′31″ and an arc length of 79.06 feet; thence north 29°03′06″ east, 50 feet; thence southeasterly along the arc of a curve, the center of which bears north 29°03′06″ east, with a radius of 375 feet, a central angle of 2°08′22″ and an arc length of 14 feet; thence north 26°54′44″ east, 101.62 feet; thence north 71°36′25″ west, 36.80 feet; thence along the westerly boundary of Lots 12, 11, 10, 9, 8, 7, 6 and 5, Block 2, of the Oliver Park subdivision, 503.63 feet, to a point on the southerly right-of-way line of Kahle Drive; thence north 28°48′49″ east, 50 feet, to a point on the northerly right-of-way line of Kahle Drive; thence north 61°09′47″ west along the right-of-way line, 1022.47 feet, more or less, to a point which bears north 61°09′47″ west, 1622.13 feet from the intersection of the northerly right-of-way line of Kahle Drive and the westerly right-of-way line of U.S. Highway 50; thence north 28°50′13″ east, 754.33 feet; thence south 61°09′47″ east, 529.47 feet; thence south 28°50′13″ west, 290 feet; thence south 61°09′47″ east, 635.67 feet; thence north 83°34′41″ east, 190.22 feet, to a point on the westerly right-of-way line of U.S. Highway 50; thence along that right-of-way line in a southerly direction, 95 feet, more or less; thence in an easterly direction, 80 feet, more or less, to a point on the easterly right-of-way line of U.S. Highway 50, which is 1545.91 feet, along the right-of-way line, from the intersection of the easterly right-of-way line of U.S. Highway 50 and the northerly right-of-way line of Kingsbury Grade; thence north 89°54′00″ east, 1051.43 feet; thence south 1285.72 feet, more or less, to a point on the northerly right-of-way line of Kingsbury Grade; thence north 89°42′00″ west, 633.50 feet; thence on a curve to the left, having a radius of 1040 feet, through a central angle of 15°56′32″, an arc distance of 289.37 feet; thence leaving that curve north 89°42′00″ west and continuing along the right-of-way line 61 feet; thence south 17°32′00″ west 23.48 feet along the line; thence south 65°09′00″ west 301 feet along the line; thence leaving the right-of-way line north 60°58′00″ west 100 feet to a point on the easterly right-of-way line of U.S. Highway 50; thence north 28°02′00″ east along the easterly right-of-way line, a distance of 4.40 feet; thence on a curve to the left, having a chord which bears north 24°20′54″ east, and having a radius of 2540 feet, through a central angle of 7°22′12″ for an arc distance of 326.72 feet; thence in a north-westerly direction 80 feet, more or less, to a point on the westerly right-of-way line of U.S. Highway 50; thence along that right-of-way line 135 feet, more or less, to the true point of beginning.
κ1977 Statutes of Nevada, Page 1075 (CHAPTER 518, SB 266)κ
AREA C-1. All that real property being a portion of Block F, Commercial subdivision #1, Incline Village, Washoe County, Nevada, according to the map thereof filed in the office of the county recorder of Washoe County, State of Nevada, on March 2, 1965, more particularly described as follows:
Commencing at the northeast corner of section 22, T. 16 N., R. 18 E., M.D.B. & M., as that section corner is shown on the map of the Commercial subdivision #1; thence south 1°33′46″ west, 797.10 feet to a point on the exterior boundary line of said Block F of Commercial subdivision #1 and the true point of beginning of this description; thence along the exterior boundary of said Block F the following 8 courses and distances: north 50°55′10″ east 186.91 feet to a tangent curve to the left having a radius of 360 feet and a central angle of 45°35′42″; thence northeasterly along the arc of that curve an arc distance of 286.48 feet; thence north 5°19′28″ east, 403.88 feet to a tangent curve to the right, having a radius of 1040 feet and a central angle of 11°43′02″; thence northeasterly along the arc of that curve an arc distance of 212.68 feet; thence north 17°02′30″ east, 9.46 feet to a tangent curve to the left, having a radius of 40 feet and a central angle of 67°35′32″; thence northeasterly, easterly and northwesterly along the arc of that curve an arc distance of 47.19 feet; thence north 50°33′02″ west, 471.82 feet; thence south 39°26′58″ west, 390 feet; thence leaving the exterior boundary south 39°26′58″ west, 432.53 feet; thence north 50°33′02″ west, 694.33 feet; thence south 21°36′05″ west, 345.49 feet; thence south 65°01′56″ east, 624.79 feet; thence south 58°19′00″ east, 396.02 feet; thence south 41°41′06″ east, 453.70 feet more or less to the true point of beginning of this description. The described area contains 20.62 acres, more or less.
AREA C-2. Commencing at the intersection of the western line of Lot 1, Block A, Mill Creek Estates with the northerly line of the former Nevada state highway 28; thence north 69°24′25″ west, along the northerly line of the former Nevada state highway 28, 592.07 feet to the true point of beginning; thence north 69°24′25″ west, 619.97 feet; thence north 37°48′16″ east, 1159.50 feet, to the beginning of a curve; thence south to the right around the curve having a radius of 1030 feet and with a tangent distance of 449.42 feet; thence south 39°04′50″ east, along that tangent 85 feet; thence southeasterly, southerly and southwesterly on the arc of a curve to the right with a radius of 40 feet in a tangent length of 62.83 feet; thence south 50°55′10″ west, along the tangent 888.83 feet; thence southwesterly, westerly and northwesterly around a curve to the line with a radius of 150 feet, a tangent distance of 156.22 feet to the true point of beginning. The described property contains approximately 20 acres and is located within the east 1/2 of section 22, T. 16 N., R. 18 E., M.D.B. & M.
AREA D. All that real property situated in the County of Washoe, State of Nevada, described as follows:
Commencing at the intersection of the easterly line of Wassou Road and the south line of section 19, T. 16 N., R. 18 E., M.D.B. & M., which point bears south 89°17′50″ west, along that south line, 148.24 feet, from the south 1/4 section corner of section 19, and being the true point of beginning; thence north 0°35′38″ east, 500 feet; thence along the arc of a tangent curve to the right with a radius of 2352.94 feet, a central angle of 7°19′29″ and an arc length of 300.80 feet; thence north 89°17′50″ east, 196.87 feet, to the westerline line of Nevada state highway 28; thence along that westerly line from a tangent bearing south 7°47′31″ west along the arc of a curve to the left, with a radius of 2040 feet, a central angle of 7°47′31″ and an arc length of 256.29 feet; thence south 0°35′38″ west, 626.36 feet; thence along the westerly line of Nevada state highway 28, 145 feet, more or less; thence in a southeasterly direction 80 feet, more or less, to a point on the easterly line of Nevada state highway 28, being the northwesterly corner of Lot 1, Block F of Nevada Vista subdivision as shown by map on that subdivision recorded in the office of the county recorder of Washoe County, State of Nevada, on August 26, 1926; thence in a southeasterly direction along the easterly line of Lot 1, Block F, of the Nevada Vista subdivision a distance of 420 feet, more or less, to the northeasterly corner of Lot 2, Block F, of the Nevada Vista subdivision; thence south 43°15′00″ west, 103.12 feet, to the northeasterly corner of Lot 3, Block F, of the Nevada Vista subdivision; thence in a southwesterly direction, along the easterly line of that Lot 3, 100 feet, more or less, to the northeasterly corner of Lot 4, Block F of the Nevada Vista subdivision, thence along the easterly and southerly lines of that Lot 4, 330 feet, more or less, to the northeasterly corner of Lot 5, Block B, of the Nevada Vista subdivision; thence in a southerly direction, 45 feet, more or less, to the northeasterly corner of Lot 8, Block A, of the addition to Nevada Vista subdivision, as shown by map of the subdivision recorded in the office of the county recorder, of Washoe County, State of Nevada, on February 15, 1928; thence in a southerly direction along the easterly lines of Lots 8 and 9 of the addition to Nevada Vista subdivision, 300 feet; thence in a westerly direction along the northerly line of Crystal Drive as shown on the map of the addition to Nevada Vista subdivision, 125 feet; thence in a southerly direction to a point on the southerly line of Crystal Drive, which is 125 feet westerly along the southerly line of Crystal Drive, from the intersection of that southerly line and the westerly line of Somers Drive, as shown on the map of the addition to Nevada Vista subdivision; thence along a line being parallel to the westerly line of Somers Drive, a distance of 391.01 feet; thence south 35°52′00″ east, 175 feet, more or less, to the northwesterly corner of Lot 6, Block C of the Nevada Vista subdivision; thence south 54°08′00″ west, along the northwesterly line of a parcel of land heretofore conveyed to Brockway Tahoe Vista Corporation, by deed recorded in book 74, page 348, deed records, a distance of 380 feet, more or less, to a point which is that northwesterly lines intersection with the northerly line of a parcel of land heretofore conveyed to Frank H.
κ1977 Statutes of Nevada, Page 1076 (CHAPTER 518, SB 266)κ
point of beginning; thence north 0°35′38″ east, 500 feet; thence along the arc of a tangent curve to the right with a radius of 2352.94 feet, a central angle of 7°19′29″ and an arc length of 300.80 feet; thence north 89°17′50″ east, 196.87 feet, to the westerline line of Nevada state highway 28; thence along that westerly line from a tangent bearing south 7°47′31″ west along the arc of a curve to the left, with a radius of 2040 feet, a central angle of 7°47′31″ and an arc length of 256.29 feet; thence south 0°35′38″ west, 626.36 feet; thence along the westerly line of Nevada state highway 28, 145 feet, more or less; thence in a southeasterly direction 80 feet, more or less, to a point on the easterly line of Nevada state highway 28, being the northwesterly corner of Lot 1, Block F of Nevada Vista subdivision as shown by map on that subdivision recorded in the office of the county recorder of Washoe County, State of Nevada, on August 26, 1926; thence in a southeasterly direction along the easterly line of Lot 1, Block F, of the Nevada Vista subdivision a distance of 420 feet, more or less, to the northeasterly corner of Lot 2, Block F, of the Nevada Vista subdivision; thence south 43°15′00″ west, 103.12 feet, to the northeasterly corner of Lot 3, Block F, of the Nevada Vista subdivision; thence in a southwesterly direction, along the easterly line of that Lot 3, 100 feet, more or less, to the northeasterly corner of Lot 4, Block F of the Nevada Vista subdivision, thence along the easterly and southerly lines of that Lot 4, 330 feet, more or less, to the northeasterly corner of Lot 5, Block B, of the Nevada Vista subdivision; thence in a southerly direction, 45 feet, more or less, to the northeasterly corner of Lot 8, Block A, of the addition to Nevada Vista subdivision, as shown by map of the subdivision recorded in the office of the county recorder, of Washoe County, State of Nevada, on February 15, 1928; thence in a southerly direction along the easterly lines of Lots 8 and 9 of the addition to Nevada Vista subdivision, 300 feet; thence in a westerly direction along the northerly line of Crystal Drive as shown on the map of the addition to Nevada Vista subdivision, 125 feet; thence in a southerly direction to a point on the southerly line of Crystal Drive, which is 125 feet westerly along the southerly line of Crystal Drive, from the intersection of that southerly line and the westerly line of Somers Drive, as shown on the map of the addition to Nevada Vista subdivision; thence along a line being parallel to the westerly line of Somers Drive, a distance of 391.01 feet; thence south 35°52′00″ east, 175 feet, more or less, to the northwesterly corner of Lot 6, Block C of the Nevada Vista subdivision; thence south 54°08′00″ west, along the northwesterly line of a parcel of land heretofore conveyed to Brockway Tahoe Vista Corporation, by deed recorded in book 74, page 348, deed records, a distance of 380 feet, more or less, to a point which is that northwesterly lines intersection with the northerly line of a parcel of land heretofore conveyed to Frank H. Buck and Wife, by deed recorded in book 62, page 8, deed records; thence north 59°11′00″ west along the northerly line of the Buck land, a distance of 135 feet, more or less, to a point which is that northerly lines intersection with the California-Nevada state line; thence north 0°30′00″ east, along that state line, 591.55 feet, to a point on the southerly line of State Line Road, as shown on the map of the addition to Nevada Vista subdivision; thence in an easterly direction along that southerly line a distance of 20 feet; thence north 0°30′00″ east, 100 feet; thence in a northerly direction, 40 feet, more or less, to the southwesterly corner of Lot 16A, Block A, of the addition to Nevada Vista subdivision; thence in a northerly direction, along the westerly lines of Lots 16A, 16, 15, and 1, Block A, of the addition to Nevada Vista subdivision, a distance of 300 feet; thence in an easterly direction along the northerly lines of Lots 1 and 2, Block A, of the addition to Nevada Vista subdivision, a distance of 134.14 feet; thence in a northerly direction a distance of 45 feet, more or less, to the southwesterly corner of Lot 10, Block B, of the Nevada Vista subdivision; thence in a northerly direction along the westerly line of that Lot 10, a distance of 170.98 feet, to a point on the southerly line of Nevada state highway 28; thence north 31°01′30″ west, 80 feet, to a point on the northerly line of state highway 28; thence south 57°59′30″ west, along that northerly line, 80 feet, more or less, to the southwesterly corner of Lot 1, Block C, of said Nevada Vista subdivision; thence in a northerly direction, along the easterly line of State Line Road, a distance of 500 feet, more or less, to the intersection of that easterly line and the northerly line of Lake Vista Drive, as shown on the map of the Nevada Vista subdivision; thence in a westerly direction, along the northerly line of Lake Vista Drive, 40 feet; thence in a northerly direction, along the westerly line of Lot 7, Block D, of the Nevada Vista subdivision, a distance of 150 feet, to a point on the south line of said section 19; thence north 89°17′30″ east, 360.70 feet, to the true point of beginning.
κ1977 Statutes of Nevada, Page 1077 (CHAPTER 518, SB 266)κ
southerly line a distance of 20 feet; thence north 0°30′00″ east, 100 feet; thence in a northerly direction, 40 feet, more or less, to the southwesterly corner of Lot 16A, Block A, of the addition to Nevada Vista subdivision; thence in a northerly direction, along the westerly lines of Lots 16A, 16, 15, and 1, Block A, of the addition to Nevada Vista subdivision, a distance of 300 feet; thence in an easterly direction along the northerly lines of Lots 1 and 2, Block A, of the addition to Nevada Vista subdivision, a distance of 134.14 feet; thence in a northerly direction a distance of 45 feet, more or less, to the southwesterly corner of Lot 10, Block B, of the Nevada Vista subdivision; thence in a northerly direction along the westerly line of that Lot 10, a distance of 170.98 feet, to a point on the southerly line of Nevada state highway 28; thence north 31°01′30″ west, 80 feet, to a point on the northerly line of state highway 28; thence south 57°59′30″ west, along that northerly line, 80 feet, more or less, to the southwesterly corner of Lot 1, Block C, of said Nevada Vista subdivision; thence in a northerly direction, along the easterly line of State Line Road, a distance of 500 feet, more or less, to the intersection of that easterly line and the northerly line of Lake Vista Drive, as shown on the map of the Nevada Vista subdivision; thence in a westerly direction, along the northerly line of Lake Vista Drive, 40 feet; thence in a northerly direction, along the westerly line of Lot 7, Block D, of the Nevada Vista subdivision, a distance of 150 feet, to a point on the south line of said section 19; thence north 89°17′30″ east, 360.70 feet, to the true point of beginning.
AREA E. The balance of the real property in the region which is situated in the State of Nevada and not included in Areas A to D, inclusive.
In Areas A to D, inclusive:
(1) Any structure housing or designed to house licensed gaming or any associated facility shall be deemed a conforming use.
(2) Any construction or expansion of such structure or facility is subject only to state, county or city standards equal to or higher than any provided by applicable state law or county ordinance in effect on April 15, 1977, except that the construction of such structure or facility shall not exceed the maximum height, land coverage or density existing in the respective areas as of April 15, 1977.
(3) The agency may review any proposed construction or expansion and make recommendations thereon, but any recommendations are advisory only.
In Area A-2 only one gaming license which is not restricted shall be recognized as a permitted and conforming use. In Area E:
(1) Any restricted gaming license issued pursuant to state law before April 15, 1977, shall be recognized as a permitted or conforming use within the area, to the extent permitted by applicable state law.
(2) Any person who held a gaming license issued pursuant to state law before April 15, 1977, which was not restricted, or his successor in interest, may utilize a similar license in the same location as a permitted or conforming use, but only for the number and type of games and slot machines on which gaming taxes or fees were paid in the calendar year 1976.
(3) Any restricted gaming license issued after April 15, 1977, shall be recognized as a permitted and conforming use within the area to the extent permitted by applicable state law or city or county ordinance or regulation.
κ1977 Statutes of Nevada, Page 1078 (CHAPTER 518, SB 266)κ
recognized as a permitted and conforming use within the area to the extent permitted by applicable state law or city or county ordinance or regulation.
(b) All ordinances, rules, regulations and policies adopted by the agency shall be enforced by the agency and by the respective states, counties, and cities. The appropriate courts of the respective states, each within its limits of territory and subject matter provided by state law, are vested with jurisdiction over civil actions to which the agency is a party and criminal actions for violations of its ordinances. Each such action shall be brought in a court of the state where the violation is committed or where the property affected by a civil action is situated, unless the action is brought in a federal court. For this purpose, the agency shall be deemed a political subdivision of both the State of California and the State of Nevada.
(c) [Except as otherwise provided in paragraph (d), all public works projects shall be reviewed prior to construction and approved by the agency as to the projects compliance with the adopted regional general plan.
(d)] All plans, programs and proposals of the State of California or Nevada, or of its executive or administrative agencies, which [may substantially affect, or may specifically apply, to the uses of land, water, air, space and other natural resources] are to be undertaken in the region, including but not limited to public works plans, programs and proposals concerning highway routing, design and construction, shall be referred to the agency for its review, as to conformity with the regional plan or interim plan, and for report and recommendations by the agency to the executive head of the state agency concerned and to the Governor. [A public works project which is initiated and is to be constructed by a department of either state shall be submitted to the agency for review and recommendation, but may be constructed as proposed.]
(d) All public works projects shall be reviewed prior to construction and approved by the agency as to the compliance with the general plan or the interim plan.
(e) The agency shall police the region to ensure compliance with the general plan and adopted ordinances, rules, regulations and policies. If it is found that the general plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
(f) [Violation of any ordinance of the agency is a misdemeanor.] Any person or governmental entity who continues a violation of any ordinance of the agency, after notification of the violation and a 24-hour period in which to cease the violation, is subject to a civil penalty of not more than $500 per day for each day in which the violation persists, not to exceed $10,000. The amount of any civil penalty imposed shall be deposited in the state general fund of the state in which the violation occurs.
(g) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
κ1977 Statutes of Nevada, Page 1079 (CHAPTER 518, SB 266)κ
(h) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
(i) Whenever a new city is formed within the region, the membership of the governing body shall be increased by two additional members, one appointed by, and who shall be a member of, the legislative body of the new city, and one appointed by the Governor of the state in which the city is not located. A member appointed by the Governor of California is subject to Senate confirmation.
(j) Every record of the agency, whether public or not, shall be open for examination to the [Legislative Analyst] Controller of the State of California and the [Fiscal Analyst of the State of Nevada.] Legislative Auditor of the State of Nevada.
(k) Whenever under the provisions of this article or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any proposal, public or private, the agency shall take final action [, whether to approve, to require modification or to reject such proposal, within 60 days after such proposal is delivered to the agency. If the agency does not take final action within 60 days, the proposal shall be deemed approved.] by vote, whether to approve, to require modification or to reject such proposal, within 90 days after such proposal is delivered to the agency in compliance with the agencys regulations governing such delivery. If the majority vote of the members from one state does not agree with the majority vote of the members from the other state, a final action of rejection of the matter before the governing body shall be deemed to have been taken. If a final action by vote does not take place within 90 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote. This provision does not limit the right of any person to obtain judicial review of agency action under paragraph (b) of this article. Approval by the agency of any construction project expires 3 years after the date of final action by the agency or the effective date of this amendatory provision, whichever is later, unless construction is begun within that time and diligently pursued thereafter. In computing the 3-year period any period of time during which the project is the subject of an action, the purpose of which is to prevent or modify the project, shall not be counted. Any license, permit or certificate which has an expiration date shall be extended by that period of time during which the project is the subject of an action as provided in this paragraph.
(l) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
ARTICLE VII. Finances
(a) Except as provided in paragraph (e), on or before [December 30] September 1 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year.
κ1977 Statutes of Nevada, Page 1080 (CHAPTER 518, SB 266)κ
year commencing July 1 of the following year. The agency shall apportion not more than $150,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. Each county in California shall pay the sum allotted to it by the agency from any funds available therefor and may levy a tax on any taxable property within its boundaries sufficient to pay the amount so allocated to it. Each county in Nevada shall pay such sum from its general fund or from any other moneys available therefor.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall be strictly accountable to any county in the region for all funds paid by it to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursements.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds.
(e) As soon as possible after the ratification of this compact, the agency shall estimate the amount of money necessary to support its activities:
(1) For the remainder of the then-current fiscal year; and
(2) If the first estimate is made between January 1 and June 30, for the fiscal year beginning on July 1 of that calendar year.
The agency shall then allot such amount among the several counties, subject to the restriction and in the manner provided in paragraph (a), and each county shall pay such amount.
(f) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
ARTICLE VIII. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in paragraph (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other. The agency is the sole planning body for the region and any law of either state which purports to grant planning jurisdiction over more than one city or county but less than all the territory of the state is null and void insofar as it purports to apply to the region.
κ1977 Statutes of Nevada, Page 1081 (CHAPTER 518, SB 266)κ
either state which purports to grant planning jurisdiction over more than one city or county but less than all the territory of the state is null and void insofar as it purports to apply to the region.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation or distribution of interstate waters or upon any appropriative water right.
Sec. 2. NRS 277.230 and 278.780 to 278.828, inclusive, are hereby repealed.
Sec. 3. Chapter 502, Statutes of Nevada 1975, at page 803, entitled An Act relating to the Tahoe Regional Planning Agency; providing changes in the agencys governing body; clarifying certain provisions; providing technical corrections; and providing other matters properly relating thereto, approved May 17, 1975, is hereby repealed.
Sec. 4. The secretary of state shall transmit a certified copy of section 1 of this act to the governor of the State of California. The governor of this state, as soon as:
1. He is officially advised that the State of California has enacted the amendment to the Tahoe Regional Planning Compact set forth in section 1 of this act; and
2. The Congress of the United States has approved such amendment,
shall proclaim that the compact has been so amended.
Sec. 5. 1. This section and sections 3 and 4 of this act shall become effective upon passage and approval.
2. Sections 1 and 2 of this act shall become effective upon proclamation by the governor of this state of the enactment of the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act by the State of California and their approval by the Congress of the United States.
________
Assembly Bill No. 268Committee on Judiciary
CHAPTER 519
AN ACT relating to medical malpractice actions; specifying the times in which certain actions must be instituted; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 11.250 is hereby amended to read as follows:
11.250 If a person entitled to bring an action other than for the recovery of real property be, at the time the cause of action accrued, either:
κ1977 Statutes of Nevada, Page 1082 (CHAPTER 519, AB 268)κ
recovery of real property be, at the time the cause of action accrued, either:
1. Within the age of 18 years;
2. Insane; or
3. [Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life;] In the custodial care of the state, if placed in such care while less than 18 years of age, except when the person is imprisoned, paroled or on probation,
the time of such disability shall not be a part of the time limited for the commencement of the action.
Sec. 2. 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 provider of health care 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 alleged professional negligence of the provider of health care;
(b) Injury to or wrongful death of a person from professional services rendered without consent; or
(c) Injury to or wrongful death of a person from error or omission in practice by the provider of health care.
2. This time limitation is tolled for any period during which the provider of health care 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 him.
3. [For purposes of this section, the 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 prosecute any cause of action limited by subsection 1. If the director or administrator fails to commence an action on behalf of such legally disabled person within the prescribed period of limitation, the legally disabled person shall not be permitted to bring an action based on the same injury against any provider of health care 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 prosecute any cause of action limited by subsection 1. If the parent, guardian or custodian fails to commence an 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 provider of health care upon the removal of his disability, except that in the case of [brain] :
(a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
(b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.
[5.] 4. As used in this section, provider of health care means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, or a licensed hospital as the employer of any such person.
κ1977 Statutes of Nevada, Page 1083 (CHAPTER 519, AB 268)κ
physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, or a licensed hospital as the employer of any such person.
Sec. 3. This act shall become effective at 12:02 a.m. on July 1, 1977.
________
Assembly Bill No. 598Assemblyman May
CHAPTER 520
AN ACT relating to money orders and the transmission of money; regulating certain businesses which sell or issue checks or receive for transmission or transmit money or credit; providing penalties; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 55 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Check means any check, draft, money order or other instrument used for the transmission or payment of money. Check does not include a travelers check.
2. Licensee means any person licensed under this chapter.
3. Person means any natural person, partnership, association, trust, corporation or other legal entity.
Sec. 3. 1. This chapter does not apply to any:
(a) Bank, its parent or holding company or any subsidiary thereof, trust company, savings bank, savings and loan association, building and loan association, credit union, industrial bank or industrial loan and investment company, organized and regulated under the laws of this state or of the United States;
(b) Foreign banking corporation licensed to do banking business in this state; or
(c) Telegraph company providing a public message service.
2. Subsection 1 does not reduce or alter any liability otherwise attaching to the sale, issuance, receipt for transmission or transmission of checks or money in any form.
Sec. 4. The superintendent may adopt such reasonable regulations as may be necessary or appropriate for the administration of this chapter.
Sec. 5. 1. A person shall not engage in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits unless he is licensed pursuant to this chapter.
2. A person shall not engage in such business as an agent except as an agent of a licensee or a payee.
κ1977 Statutes of Nevada, Page 1084 (CHAPTER 520, AB 598)κ
Sec. 6. 1. Every application for a license required under this chapter shall be in writing, signed by the applicant, and in the form prescribed by the superintendent.
2. The application shall contain:
(a) The name and principal business address of the applicant and, if incorporated, the date and place of its incorporation;
(b) The name and address of each of the applicants branch offices, subsidiaries or affiliates, if any, which will be operated under the license;
(c) The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of the applicants stock; and
(d) Such other pertinent information as the superintendent requires.
3. The application shall be accompanied by:
(a) A surety bond or securities as required by this chapter; and
(b) A certified financial statement, satisfactory to the superintendent, showing that the applicants net worth exceeds $100,000, unless the applicants surety bond or securities is in at least twice the minimum principal sum required by section 11 of this act; and
(c) A license fee of $100 which is refundable if the application for the license is denied and an investigation fee of $100 which is nonrefundable.
Sec. 7. 1. Upon the filing of the application, payment of the fees and approval of the surety bond or securities, the superintendent shall investigate the financial condition and responsibility, the financial and business experience, and the character and general fitness of the applicant and may investigate any partners, directors, trustees or principal officers of the applicant.
2. If the superintendent determines that the business of the applicant will be conducted lawfully, honestly, fairly and efficiently, the superintendent shall issue a license to the applicant to engage in the business of selling and issuing checks, receiving for transmission or transmitting money or credits, or both.
3. If the superintendent denies an application, he shall refund the amount of the application fee submitted by the applicant.
Sec. 8. 1. A license issued pursuant to this chapter expires 1 year after the date of its issuance, unless it is earlier surrendered, suspended or revoked.
2. The license may be renewed from year to year upon the approval of the superintendent if the licensee files an application conforming to the requirements for an initial application at least 60 days before the expiration of his current license.
3. An application for the renewal of the license shall be accompanied by a fee of $100. No investigation fee may be charged for the renewal of the license.
Sec. 9. 1. A license issued under this chapter is not transferable or assignable.
2. The license entitles the holder to engage in business only at the location or locations specified in his application or at a location or locations operated by a duly appointed agent of the licensee.
κ1977 Statutes of Nevada, Page 1085 (CHAPTER 520, AB 598)κ
3. A change shall not be made in:
(a) The location of any place of business covered by the license;
(b) The name of the licensed business; or
(c) The licensees operation or services if the nature of the change affects the qualification for the license,
without prior notice to and approval of the superintendent.
Sec. 10. A separate license is not required for an agent of a licensee unless the agent directly sells or delivers the licensees checks over the counter to the public and, in the ordinary course of such business, receives or has access to:
1. The licensees checks which, after payment, are returned through banking channels or otherwise for verification, reconciliation or accounting with respect thereto; or
2. Bank statements relating to checks so returned.
Sec. 11. 1. Except as provided in section 11.5 of this act, each licensee shall have in force a surety bond payable to the State of Nevada for the use and benefit of any holder of any outstanding check sold or issued by a licensee in the normal course of business and for value in the following minimum principal sums:
(a) For the first location granted in the license, $10,000; and
(b) For each additional location in this state where its business is conducted directly or through an agent, $5,000.
The maximum amount of any surety bond required under this subsection is $250,000.
2. The bond shall be in a form satisfactory to the superintendent, issued by a bonding company authorized to do business in this state, and shall secure the faithful performance of the obligations of the licensee respecting the sale or issuance of checks and receipt for transmission or transmission of money or credits.
3. A licensee shall, within 10 days after the commencement of any action or notice of entry of any judgment against him by any creditor or claimant arising out of business regulated by this chapter, give notice thereof to the superintendent by registered or certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to such a creditor or claimant, give notice thereof to the superintendent by registered or certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.
4. Whenever the principal sum of the bond is reduced by recoveries or payments thereon, the licensee shall furnish:
(a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required under subsection 1; or
(b) An endorsement, duly executed by the surety reinstating the bond to the required principal sum.
5. The liability of the surety on the bond to such a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium, or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.
6. The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the licensees agents within 30 days after:
κ1977 Statutes of Nevada, Page 1086 (CHAPTER 520, AB 598)κ
into in good faith by the creditors and claimants with the licensees agents within 30 days after:
(a) The licensees death or the dissolution or liquidation of his business; or
(b) The termination of the bond,
whichever event occurs first.
7. Whenever the superintendent determines that the protection of the public so requires, he may order that an increase be made in the principal sum of the bond of any licensee, except that the superintendent may not order an increase of more than $10,000 if the licensee has submitted a current financial statement, or more than $15,000 otherwise.
8. Neither a licensee nor his surety may cancel or alter such a bond except after notice to the superintendent by registered or certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the superintendent. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the 30-day period designated in subsection 6.
Sec. 11.5. 1. In lieu of any surety bond, or any portion of the principal sum thereof as required by this chapter, a licensee may deposit with the state treasurer or with any bank or trust company authorized to do business in this state as the licensee may select, with the approval of the superintendent:
(a) Interest-bearing stocks;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state or guaranteed by this state,
in an aggregate amount of, based upon principal amount or market value, whichever is lower, of not less than the amount of the required surety bond or portion thereof.
2. The securities shall be held to secure the same obligation as would the surety bond, but the depositor may receive any interest or dividends and, with the approval of the superintendent, substitute other suitable securities for those deposited.
Sec. 12. 1. Once each year the superintendent shall examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensees business, and the superintendent may conduct such examinations at additional times.
2. For the purpose of such examinations, the superintendent is entitled to enter upon any of the business premises of a licensee or his agents and obtain access to the relevant documents. Any obstruction or denial of such entry or access is a violation of this chapter.
Sec. 13. 1. A licensee shall file with the superintendent during January of each year a statement listing the names, addresses and business locations of all agents whom he has authorized to engage in his business.
2. The licensee shall file a supplementary statement with the superintendent promptly after the occurrence of any change in the information reported in the licensees most recent annual statement.
κ1977 Statutes of Nevada, Page 1087 (CHAPTER 520, AB 598)κ
Sec. 14. In every place of business licensed or covered by a license under this chapter, there shall be conspicuously posted at all times a schedule of the rates charged for the sale or issuance of checks and the receipt for transmission or transmission of money or credits. No fees may be charged or collected in excess of the posted rates.
Sec. 15. 1. All money or credits received by an agent of a licensee from the sale and issuance of checks or for the purpose of transmission shall be remitted to the licensee or deposited with a bank authorized to do business in this state for credit to an account of the licensee not later than the third business day following its receipt.
2. Funds received from the sale or issuance of checks or for the purpose of transmission shall not be commingled with the other assets of the licensee or his agents.
3. If a license is suspended or terminated, the licensee shall immediately deposit in an account in the name of the superintendent, an amount which is sufficient to make the total funds in the account equal to all outstanding checks in the State of Nevada sold or issued and money or credits received but not transmitted.
4. Each licensee shall at all times maintain liquid assets, government or municipal securities or other marketable securities having a value, computed in accordance with generally accepted accounting principles, equal to or more than the aggregate liability of the licensee with respect to checks sold and issued and money or credits received for transmission.
Sec. 16. 1. Within 5 days after a discontinuance of a licensees business, he shall inform the superintendent of the discontinuance and shall surrender his license for cancellation.
2. If, as a result of any investigation, hearing, report or examination, the superintendent finds that a licensee is insolvent or is conducting his business in such a manner as to render his further operations hazardous to the public, the superintendent may, through an order served by registered or certified mail upon the licensee and any person possessing funds of the licensee or his customers, require the immediate discontinuance of the disbursement of the funds and the cessation of the licensees business. The order shall remain in effect until:
(a) It is set aside, in whole or in part, by the superintendent;
(b) The licensee has been adjudged a bankrupt; or
(c) A receiver for the licensee has been appointed by a court of competent jurisdiction.
3. If a court does not have jurisdiction over the licensee, the superintendent may take possession of the licensees business and property until the licensee complies with the requirements of the superintendent for resumption of business or the licensees affairs are finally liquidated.
4. Whenever the superintendent takes possession of a licensees business and property, the superintendent may petition the court for appointment of a receiver to liquidate the affairs of the licensee.
Sec. 17. 1. The superintendent may conduct any necessary investigations and hearings to determine whether any licensee or other person has violated any of the provisions of this chapter or whether any licensee has conducted himself in a manner which requires the suspension, revocation or denial of renewal of his license.
κ1977 Statutes of Nevada, Page 1088 (CHAPTER 520, AB 598)κ
2. In conducting any investigation or hearing pursuant to this chapter, the superintendent, or any person designated by him, may require the attendance and testimony of any person and compel the production of all relevant books, records, accounts and other documents. The cost of any examination or investigation, not to exceed $10 an hour, shall be borne by the licensee.
3. The superintendent may require any licensee to submit such reports concerning his business as the superintendent deems necessary for the enforcement of this chapter.
4. All reports of investigations and examinations and other reports rendered pursuant to this section, and all correspondence and memoranda relating to or arising therefrom, including any duly authenticated copies thereof in the possession of any licensee or the superintendent, are confidential communications, are not subject to any subpena, and shall not be made public unless the superintendent determines that justice and the public advantage will be served by their publication. This subsection does not preclude any party to an administrative or judicial proceeding from introducing into evidence any information or document otherwise available or admissible.
Sec. 18. 1. If the superintendent has reason to believe that grounds exist for the suspension, revocation or denial of renewal of a license, he shall give 10 days written notice to the licensee, stating the grounds therefor, and shall set a date for a hearing, if a hearing is requested by the licensee. If the protection of the public so requires, the superintendent may suspend the license at any time before the hearing.
2. At the conclusion of the hearing, the superintendent shall enter a written order either dismissing the charges or suspending, revoking or denying the renewal of the license. The order shall include a statement of the grounds for the action taken by the superintendent and shall become effective 10 days after receipt of a copy of the order by the licensee at his principal place of business. The superintendent may immediately suspend, revoke or deny the renewal of the license in a case where the licensee has failed to maintain in effect the required surety bond or insurance policy.
3. The grounds for suspension, revocation or denial of renewal of a license are:
(a) Failure to pay the annual license fee;
(b) Failure to maintain in effect the required bond or securities;
(c) Fraud, misrepresentation or omission of any material fact in any application, statement or report;
(d) Failure to pay any judgment arising from the licensees business within 30 days after the judgment becomes final or within 30 days after the expiration of a stay of execution on the judgment; or
(e) Violation of any provision of this chapter or any regulation adopted or order issued by the superintendent pursuant to this chapter.
4. Any action taken by the superintendent pursuant to this section is subject to judicial review in the first judicial district court.
Sec. 19. 1. Any person who:
(a) Violates any provision of this chapter, or any regulation adopted or order issued by the superintendent pursuant to this chapter;
κ1977 Statutes of Nevada, Page 1089 (CHAPTER 520, AB 598)κ
(b) Knowingly makes any false or misleading statement of a material fact in any application, statement or report filed pursuant to this chapter;
(c) Knowingly omits to state any material fact necessary to provide the superintendent with information lawfully required by him; or
(d) Refuses to permit or obstructs any lawful investigation, examination, entry or access by the superintendent,
is guilty of a misdemeanor.
2. Each day during which a violation continues constitutes a separate offense.
3. The imposition of any fine or term of imprisonment pursuant to subsection 1:
(a) Is in addition to any suspension, revocation or denial of renewal of a license which may result from the violation.
(b) Is not a bar to enforcement of this chapter by an injunction or other appropriate civil remedy.
Sec. 20. Notwithstanding the provisions of sections 2 to 19, inclusive, of this act, any person who is engaged on the effective date of this act in a business which is regulated by this act may continue to engage in that business without a license until January 1, 1978.
________
Senate Bill No. 305Senator Dodge
CHAPTER 521
AN ACT relating to motor vehicle insurance; requiring certain claimants for motor vehicle accident reparation benefits to submit to medical examination; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 698.470 is hereby amended to read as follows:
698.470 1. If the mental or physical condition of a person is material to a claim for past or future basic or added reparation benefits, [the reparation obligor may petition] the person shall, upon request of the reparation obligor, submit to an independent mental or physical examination by a physician within a reasonable time after the claim is made. The person shall choose the examining physician from a list of five physicians supplied by the reparation obligor. The physicians shall be in the medical field most appropriate to the condition of the person to be examined. The examination shall be conducted at a reasonable time and place. Costs of the examination and reasonable costs of out-of-town transportation, food and lodging for the person examined shall be paid by the reparation obligor. The person examined is entitled to a detailed written report of the examining physician setting out his findings, including results of all tests made, diagnoses and conclusions. In addition the person examined shall request that a copy of the report be submitted to the reparation obligor.
κ1977 Statutes of Nevada, Page 1090 (CHAPTER 521, SB 305)κ
obligor. The reparation obligor may request such additional examinations as may be reasonably necessary. If the person refuses to submit to an examination authorized under this subsection, the reparation obligor:
(a) May withhold any payments to which the person is entitled under this chapter until such time as he submits to the examination; or
(b) May petition the district court for an order directing the person to submit to [a mental or physical examination by a physician.] the examination. Upon notice to the person to be examined and all persons having an interest, the court may make the order for good cause shown. The order shall specify the time, place, manner, conditions, scope of the examination and the physician by whom it is to be made.
2. If requested by the person examined, the reparation obligor [causing a mental or physical examination to be made] shall deliver to the person examined a copy of [a] the detailed written report of the examining physician. [setting out his findings, including results of all tests made, diagnoses and conclusions, and reports of earlier examinations of the same condition.] By requesting and obtaining a report of the examination ordered or by taking the deposition of the physician, the person examined waives any privilege he may have, in relation to the claim for basic or added reparation benefits, regarding the testimony of every other person who has examined or may thereafter examine him respecting the same condition. This subsection does not preclude discovery of a report of an examining physician, taking a deposition of the physician or other discovery procedures in accordance with any rule of court or other provision of law. This subsection applies to examinations made by agreement of the person examined and the reparation obligor.
3. If any person refuses to comply with an order entered under this section the court may make any just order as to the refusal, but may not find a person in contempt for failure to submit to a mental or physical examination.
________
Assembly Bill No. 185Assemblymen Sena, Jeffrey, Horn, Mann, Dreyer, Banner, Robinson, Price, May, Hayes, Craddock, Demers and Schofield
CHAPTER 522
AN ACT relating to fish and game; providing for the expiration of fishing licenses on December 31 of each year; changing license and permit fees; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.090 is hereby amended to read as follows:
502.090 1. All licenses issued as provided in this chapter [shall be] are valid, and [shall] authorize the person to whom issued to hunt, to fish or to trap during open seasons only on and from the date of issuance of the license until the date of expiration printed thereon.
2. Each fishing license is valid until December 31 of the year of issuance.
κ1977 Statutes of Nevada, Page 1091 (CHAPTER 522, AB 185)κ
Sec. 2. NRS 502.110 is hereby amended to read as follows:
502.110 [Not] 1. Except as provided in subsection 2, not more than one license of each class shall be issued to any one person during each license period. [, except upon an affidavit by the applicant that the license issued has been lost or destroyed and upon payment of a fee of $4 or a fee equal to the original license fee, whichever is less. The person issuing the license pursuant to this section may delay issuance for a period not to exceed 48 hours to confirm that a valid license has been previously issued during the current license period.]
2. If an unexpired license is lost or stolen, the person to whom the license was issued may receive another license of the same class by making application and certifying under oath that the license was lost or stolen and by paying:
(a) If the application is made to an authorized agent, the annual license fee; or
(b) If the application is made to the department, a fee of $1.
Sec. 3. NRS 502.240 is hereby amended to read as follows:
502.240 Annual licenses [for the term of 1 year] and limited permits shall be issued: [at the following prices:]
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months [,] immediately preceding his application for a license, upon the payment of [$2.50] $2 for an annual fishing or hunting license. [, or upon the payment of $4 for an annual combination hunting and fishing license.]
2. To any citizen of the United States who has attained his 65th birthday and who has been a bona fide resident of the State of Nevada for 10 years [,] immediately preceding his application for a license, upon the payment of [$2.50] $1.25 for an annual [combination] hunting [and] or fishing license.
3. Except as provided in subsection 2, to any citizen of the United States who has attained his 16th birthday and who has been a resident of the State of Nevada for 6 months [,] immediately preceding his application for a license, upon the payment of:
For a fishing license................................................................................... $10.00
For a 10-day permit to fish........................................................................ 7.50
For a [2-day] 3-day permit to fish............................................................ 5.00
For a hunting license..................................................................... [10.00] 7.00
[For a combination hunting and fishing license.................................... 17.00]
For a trapping license................................................................................ 7.50
For a fur dealers license........................................................................... 5.00
For an annual master guides license...................................................... 100.00
For an annual subguides license............................................................ 50.00
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
κ1977 Statutes of Nevada, Page 1092 (CHAPTER 522, AB 185)κ
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10)........................................................................................... $20.00
For a 10-day permit to fish............................................................ [$7.50] 10.00
For a [2-day] 3-day permit to fish.................................................. [5.00] 7.50
For a hunting license................................................................................. 40.00
For an annual trappers license................................................................ 35.00
For a fur dealers license........................................................................... 35.00
For an annual master guides license...................................................... 200.00
For an annual subguides license............................................................ 100.00
6. To any person, without regard to residence, upon the payment of:
For a noncommercial breeding ground................................................... $5.00
For a commercial or private shooting preserve..................................... 35.00
For a commercial breeding ground.......................................................... 35.00
For a commercial fish hatchery................................................................ 35.00
For a private noncommercial fish hatchery............................................ 5.00
For a trained animal act license................................................................ 10.00
For a live bait dealers permit................................................................... 50.00
For a competitive field trials permit......................................................... 5.00
For a falconry license................................................................................ 15.00
For an importation permit.......................................................................... 2.00
For an import eligibility permit................................................................. 25.00
For a tropical fish dealers permit............................................................ 25.00
For a live bait seining and transporting permit...................................... 2.00
________
Assembly Bill No. 620Assemblymen Bremner, May, Westall, Weise, Kosinski, Banner, Demers, Sena, Dreyer, Harmon and Barengo
CHAPTER 523
AN ACT relating to motor vehicle insurance; allowing insurers and insureds to agree to exclude certain named persons from coverage; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 698 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, an insurer and a named insured may agree to provide, in a contract of insurance or in a separate writing made a part of the contract, that while an insured vehicle is actually operated by any natural person designated by name coverage under the insurance contract does not apply to the person so designated or to any other person who would otherwise be entitled to claim the benefits of coverage for:
κ1977 Statutes of Nevada, Page 1093 (CHAPTER 523, AB 620)κ
writing made a part of the contract, that while an insured vehicle is actually operated by any natural person designated by name coverage under the insurance contract does not apply to the person so designated or to any other person who would otherwise be entitled to claim the benefits of coverage for:
(a) Damage to a motor vehicle or liability for damage to property;
(b) Basic reparation benefits; or
(c) Payment of tort liability.
2. This section does not apply if the contract of insurance cannot be terminated by the insurer.
Sec. 2. NRS 698.200 is hereby amended to read as follows:
698.200 Except as provided in section 1 of this act:
1. An insurance contract which purports to provide coverage for basic reparation benefits or is sold with representation that it provides security covering a motor vehicle has the legal effect of including all coverages required by this chapter.
2. Notwithstanding any contrary provision in it, every contract of liability insurance for injury, wherever issued, covering ownership, maintenance or use of a motor vehicle, except a contract which provides coverage only for liability in excess of required minimum tort liability coverages, includes basic reparation benefit coverages and minimum security for tort liabilities required by this chapter, while it is in this state, and qualifies as security covering the vehicle.
3. An insurer authorized to transact or transacting business in this state may not exclude, in any contract of liability insurance for injury, wherever issued, covering ownership, maintenance or use of a motor vehicle, except a contract providing coverage only for liability in excess of required minimum tort liability coverage, the basic reparation benefit coverages and required minimum security for tort liabilities required by this chapter, while the vehicle is in this state.
________
Senate Bill No. 169Committee on Government Affairs
CHAPTER 524
AN ACT relating to the state personnel system; entitling an employee under the system or his beneficiaries to receive payment for certain unused sick leave; making an appropriation; and providing other matters properly relating thereto.
[Approved May 13, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, 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.
κ1977 Statutes of Nevada, Page 1094 (CHAPTER 524, SB 169)κ
After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the personnel division may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee who has 15 years or more of service under the public employees retirement system or the death of an employee who has such service while in public employment, the employee or his beneficiaries are entitled to payment of not more than $2,500 for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward. The personnel division may by regulation provide for additional sick and disability leave for long term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System are entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
4. The personnel division may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines than an employee has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of the accrued sick leave of such employee.
Sec. 2. NRS 353.262 is hereby amended to read as follows:
353.262 When the state board of examiners finds, after diligent inquiry and examination, that:
1. As a result of the payment of terminal leave pay, [or] sick leave pay or unused sick leave pay to any state officer or employee [,] or his beneficiary, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee [who is on sick leave or whose employment has been terminated]; and
2. The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may authorize the expenditure of sums not exceeding [$2,000] $2,500 from the reserve for statutory contingency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
κ1977 Statutes of Nevada, Page 1095 (CHAPTER 524, SB 169)κ
employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
3. The clerk of the state board of examiners shall, before September 1 of each year, file a report with the legislative auditor delineating each transfer from the fund pursuant to this section for the payment of salaries for the fiscal year ending June 30 of such year.
Sec. 3. There is hereby appropriated from the state general fund to the reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $75,000 to pay for those payments for unused sick leave under NRS 284.355 for which the state may be obligated as a general charge.
Sec. 4. 1. Section 3 of this act shall become effective upon passage and approval.
2. The remaining sections of this act shall become effective on July 1, 1977.
________
Assembly Bill No. 547Assemblymen Mello, Howard, Glover, Dini, Demers, Kissam, May, Jacobsen, Weise, Bremner, Barengo, Jeffrey and Wagner
CHAPTER 525
AN ACT relating to local governments; establishing a committee to study the finances of local governments; making an appropriation; and providing other matters properly relating thereto.
[Approved May 13, 1977]
Whereas, City and county governments in the State of Nevada are, in an increasing number of instances, unable to maintain adequate levels of water and sewerage service, street maintenance and police and fire protection; and
Whereas, In the past 4 years, expenditures for all of Nevadas cities and a cross-section of seven counties increased 54 percent, but revenues increased only 41 percent; and
Whereas, In the past 4 years, the combined fund balance at the end of the fiscal year for those cities and counties declined 71 percent; and
Whereas, There has been a steady increase in the assessed valuation of property in those cities and counties, but the rates of growth of assessed valuation have diminished; and
Whereas, These increasing expenditures, declining balances and diminishing rates of revenue growth indicate that Nevadas cities and counties are facing serious fiscal deterioration; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created a committee to study fiscal conditions of local governments in the State of Nevada. The committee shall be composed of eight members, four of whom shall be legislators and four of whom shall represent local general purpose government. The governor shall appoint the local general purpose government members of the committee.
κ1977 Statutes of Nevada, Page 1096 (CHAPTER 525, AB 547)κ
of the committee. The majority leader of the senate shall appoint two senators and the speaker of the Assembly shall appoint two assemblymen. The chairman of the legislative commission shall designate one of the legislators as chairman.
Sec. 2. The committee shall study the fiscal conditions of local governments, including:
1. Fiscal management;
2. Short- and long-term revenue trends;
3. The utilization of existing sources of revenue;
4. The reallocation of selected functions from local governments to the state;
5. Alternative sources of future revenue;
6. Personnel and collective bargaining costs;
7. Short- and long-term expenditure trends; and
8. A review of the provisions for insuring against tort liability.
Sec. 3. The committee may hold public hearings at such times and places as it deems expedient and advisable to afford the general public and representatives of local government an opportunity to present recommendations and generally to be heard.
Sec. 4. The agencies of the executive branch of state government, the legislative counsel bureau and the University of Nevada System shall cooperate with the committee and shall furnish staff assistance to the committee, if it so requests, to aid the committee in the conduct of the study and the preparation of its report.
Sec. 5. 1. The committee may contract for professional, technical, clerical, stenographic and other services, purchase such supplies and materials and rent such facilities as it deems necessary or expedient to accomplish the purposes of this act, except that it shall utilize the services of the department of economics and the bureau of business and economic research at the University of Nevada, Reno, and the University of Nevada, Las Vegas, when appropriate.
2. The members of the committee are entitled to receive a salary of $40 and the per diem allowance and travel expenses provided by law for each days attendance at a meeting of the committee.
3. The aggregate of all expenses incurred for these purposes shall not exceed the amount of the appropriation made by this act.
Sec. 6. 1. The committee shall submit to the legislative commission a report of its findings and any recommended legislation before the commencement of the 60th session of the legislature.
2. In preparing recommended legislation, the committee shall enlist the assistance of the legislative counsel, as provided in NRS 218.240.
Sec. 7. There is hereby appropriated from the state general fund to the legislative commission the sum of $50,000 for the period beginning July 1, 1977, and ending the 10th day of the 60th session of the legislature of the State of Nevada, to be used by the committee exclusively for the purposes of this act.
Sec. 8. Sections 2 to 6 of this act expire by limitation on April 1, 1979.
________
κ1977 Statutes of Nevada, Page 1097κ
Assembly Bill No. 482Assemblymen Demers, May, Price, Ross, Harmon, Horn, Craddock, Sena, Gomes, Schofield, Banner, Bennett, Hayes, Bremner, Hickey, Robinson, Jeffrey, Brookman, Chaney and Mann
CHAPTER 526
AN ACT relating to property tax; providing for the payment of taxes by certain holders of rights to receive electric power; and providing other matters properly relating thereto.
[Approved May 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a [private individual,] natural person, association, partnership or corporation in connection with a business conducted for profit, it [shall be] is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of [such] the real estate.
2. When any real estate which is exempt from taxation by reason of its public ownership is used for the generation of electric power, the value of any right to receive electric power directly from the exempt real estate by a natural person, association, partnership or corporation or by a political subdivision of any other state is taxable as though the holder of that right were the owner of the real estate in the same proportion which his right bears to the total of all rights to receive electric power generated through the use of that real estate.
3. [This section] Subsection 1 does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public; [or]
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed; [or]
(c) Property of any state-supported educational institution; [or]
(d) Property leased or otherwise made available to and used by a private individual, association, corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior; [or]
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States [.] ; or
(f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources, regardless of whether [such] the property is owned by the federal, state or a local government.
[2.] 4. Taxes shall be assessed to [such] lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that [such taxes shall] taxes due under this section do not become a lien against the property.
κ1977 Statutes of Nevada, Page 1098 (CHAPTER 526, AB 482)κ
other real estate, except that [such taxes shall] taxes due under this section do not become a lien against the property. When due, such taxes [shall] constitute a debt due from the lessee or user to the county for which [such] the taxes were assessed and if unpaid [shall be] are recoverable by the county in the proper court of [such] the county.
Sec. 2. NRS 361.159 is hereby amended to read as follows:
361.159 1. Personal property exempt from taxation which is leased, loaned or otherwise made available to and used by a [private individual,] natural person, association or corporation in connection with a business conducted for profit is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of [such] the property, except for personal property used in vending stands operated by blind person under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources. [, regardless of whether such property is owned by the federal, state or a local government.]
2. When any personal property which is exempt from taxation by reason of its public ownership is used for the generation of electric power, the value of any right to receive electric power directly from the exempt personal property by a natural person, association, partnership or corporation or by a political subdivision of any other state is taxable as though the holder of that right were the owner of the personal property in the same proportion which his right bears to the total of all rights to receive electric power generated through the use of that personal property.
3. Taxes shall be assessed to [such] lessees or users of [such] exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that [such taxes shall] taxes due under this section do not become a lien against [such] the personal property. When due, such taxes constitute a debt due from the lessee or user to the county for which [such] the taxes were assessed and if unpaid [shall be] are recoverable by the county in the proper court of [such] the county.
________
Assembly Bill No. 437Assemblymen Murphy, Dini, Vergiels, Westall, Barengo, Kosinski, Price, Gomes, Mann, Horn, Craddock, Demers, Mello, Kissam, Banner, Robinson, Goodman, Polish, Bremner, Sena, Serpa, Harmon, Wagner and Coulter
CHAPTER 527
AN ACT relating to meetings of public bodies; establishing additional requirements for open meetings; providing exceptions; providing penalties; and providing other matters properly relating thereto.
[Approved May 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 241 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.
Sec. 1.3. As used in this chapter:
κ1977 Statutes of Nevada, Page 1099 (CHAPTER 527, AB 437)κ
1. Meeting means the gathering of members of a public body at which a quorum is present to deliberate toward a decision or to make a decision on any matter over which the public body has supervision, control, jurisdiction or advisory power.
2. Except as otherwise provided in this subsection, public body means any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including but not limited to any board, commission, committee, subcommittee or other subsidiary thereof. Public body does not include the legislature of the State of Nevada.
3. Quorum means a simple majority of the constituent membership of a public body or another proportion established by law.
Sec. 1.5. 1. Each public body shall keep written minutes of each of its meetings, including:
(a) The date, time and place of the meeting.
(b) Those members of the body who were present and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) Any other information which any member of the body requests to be included or reflected in the minutes.
2. Minutes of public meetings are public records and shall be made available for inspection by the public within a reasonable time after the adjournment of the meeting at which taken. Minutes of meetings closed pursuant to NRS 241.030 become public records when the body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was discussed has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audio tape or any other means of sound reproduction if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
Sec. 2. NRS 241.010 is hereby amended to read as follows:
241.010 In enacting this chapter, the legislature finds and declares that all public [agencies, commissions, bureaus, departments, public corporations, municipal corporations and quasi-municipal corporations and political subdivisions] bodies exist to aid in the conduct of the peoples business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
Sec. 3. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise [provided in NRS 241.030] specifically provided by statute, all meetings of public [agencies, commissions, bureaus, departments, public corporations, municipal corporations and quasi-municipal corporations and political subdivisions] bodies shall be open and public, and all persons shall be permitted to attend any meeting of these bodies.
2. Except in an emergency, written notice of all meetings shall be given at least 3 working days before the meeting.
κ1977 Statutes of Nevada, Page 1100 (CHAPTER 527, AB 437)κ
given at least 3 working days before the meeting. The notice shall include the time, place, location and agenda of the meeting.
3. Minimum public notice is:
(a) A copy of the notice posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at least three other separate, prominent places within the jurisdiction of the public body; and
(b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent.
4. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 4. NRS 241.030 is hereby amended to read as follows:
241.030 1. Nothing contained in this chapter [shall be construed to prevent the legislative body of] prevents a public [agency, commission, bureau, department, public corporation, municipal corporation, quasi-municipal corporation or political subdivision from holding executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. The legislative body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body.] body from holding a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
2. A public body may close a meeting upon a motion which specifies the nature of the business to be considered.
3. This chapter does not:
(a) Apply to judicial proceedings, except those at which consideration of rules or deliberation upon the issuance of administrative orders are conducted.
(b) Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical.
(c) Prevent the exclusion of witnesses from a public or private meeting during the examination of another witness.
(d) Require that any meeting be closed to the public.
(e) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body.
4. The exception provided by this section, and electronic communication, shall not be used to circumvent the spirit or letter of this chapter in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec. 5. NRS 241.040 is hereby amended to read as follows:
241.040 [A violation of any of the provisions of this chapter or the wrongful exclusion of any person or persons from any meeting for which provision is made in this chapter is a misdemeanor.]
κ1977 Statutes of Nevada, Page 1101 (CHAPTER 527, AB 437)κ
wrongful exclusion of any person or persons from any meeting for which provision is made in this chapter is a misdemeanor.] 1. Each member of a public body who attends a meeting of that public body where action is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor.
2. Wrongful exclusion of any person or persons from a meeting is a misdemeanor.
3. A member of a public body who attends a meeting of that public body at which action is taken in violation of this chapter is not the accomplice of any other member so attending.
4. The attorney general shall investigate and prosecute any violation of this chapter.
5. Any person denied a right conferred by this chapter may commence a suit in the district court of the district in which the public body ordinarily holds its meetings or in which the plaintiff resides. A suit may seek to require compliance with or prevent violations of this chapter or to determine the applicability of this chapter to discussions or decisions of the public body.
6. The court may order payment of reasonable attorneys fees and court costs to a successful plaintiff in a suit brought under this section.
7. The board of regents of the University of Nevada shall establish for the student governments within the University of Nevada System requirements equivalent to those of this chapter, and shall provide for their enforcement.
Sec. 6. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010; or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law.
(f) The ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness, or absence from the state or county, as provided by law.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
2. Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected is a state office or concerns more than one county, or the district attorney shall, if the office affected is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring such office vacant.
κ1977 Statutes of Nevada, Page 1102 (CHAPTER 527, AB 437)κ
office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring such office vacant.
Sec. 7. NRS 396.100 is hereby amended to read as follows:
396.100 1. [In enacting this section, the legislature finds and declares that the board of regents exists to aid in the conduct of the peoples business. It is the intent of this section that the boards actions be taken openly and that its deliberations be conducted openly.
2.] The board shall hold four regular meetings in each year, and may hold special meetings at the call of the chairman of the board.
[3. Except as otherwise provided in subsection 4, all regular and special meetings of the board of regents shall be open and public, and all persons shall be permitted to attend any meeting of the board.
4. Nothing contained in this section shall be construed to prevent the board of regents from holding executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. The board of regents also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the board of regents.
5.] 2. At all times, the records of all proceedings of the board [shall be] are open to public inspection [.] except records of a closed meeting which have not become public.
[6. A violation of any of the provisions of this section or the wrongful exclusion of any person or persons from any meeting for which provision is made in this section is a misdemeanor.]
Sec. 8. 1. NRS 244.080, 268.305 and 386.335 are hereby repealed.
2. Section 10 of Assembly Bill No. 267 of the 59th session of the Nevada legislature is hereby repealed.
3. In repealing NRS 244.080, 268.305 and 386.335, and amending NRS 396.100, the legislature does not intend to abrogate the application of chapter 241 of NRS to boards of county commissioners, boards of trustees of school districts, city councils or other governing bodies of incorporated cities, or the board of regents of the University of Nevada, but to consolidate the requirements for public notice and access to which they are subject into one chapter.
Sec. 9. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1977.
________
κ1977 Statutes of Nevada, Page 1103κ
Assembly Bill No. 450Assemblymen Dini, Demers, Murphy, Horn, Serpa, Chaney, Vergiels, Gomes, Wagner, Dreyer, Banner, Bennett, Moody, Craddock, Ross, Westall, Brookman, Goodman, Robinson, Barengo, Mann and May
CHAPTER 528
AN ACT relating to public officers and employees; creating ethics commissions; establishing statewide codes of ethical standards and authorizing the establishment of specialized and local ethics codes; requiring candidates for and holders of certain public offices to make financial disclosures; providing a penalty; and providing other matters properly relating thereto.
[Approved May 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. Sections 2 to 17, inclusive, of this act may be cited as the Nevada Ethics in Government Law.
Sec. 3. 1. It is hereby declared to be the public policy of this state that:
(a) A public office is a public trust and shall be held for the sole benefit of the people.
(b) A public officer or employee must commit himself to avoid conflicts between his private interests and those of the general public whom he serves.
2. The legislature finds that:
(a) The increasing complexity of state and local government, more and more closely related to private life and enterprise, enlarges the potentiality for conflict of interests.
(b) To enhance the peoples faith in the integrity and impartiality of public officers and employees, adequate guidelines are required to show the appropriate separation between the roles of persons who are both public servants and private citizens.
Sec. 4. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires:
1. Business entity means any proprietorship, partnership, corporation or other business enterprise doing business in the State of Nevada.
2. Commission means the executive ethics commission or the legislative ethics commission.
3. The making of a decision is the exercise of governmental power to adopt laws, regulations or standards, render quasi-judicial decisions, establish executive policy or determine questions involving substantial discretion. The term does not include the functions of the judiciary.
4. Financial interest means:
(a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested persons household.
(b) Income amounting to 10 percent or more of the gross income of the interested person.
5. Gross income means the total amount of income which is received from any source by the interested person.
κ1977 Statutes of Nevada, Page 1104 (CHAPTER 528, AB 450)κ
6. Household means an association of persons who live in the same home or dwelling, sharing its expenses, and who are related by blood, adoption or marriage.
7. Legislative function means introducing or voting upon any ordinance or resolution, or voting upon:
(a) The appropriation of public money;
(b) The issuance of a license or permit; or
(c) Any proposed subdivision of land or special exception or variance from zoning regulations.
8. Member of the executive branch means any public officer who is not a member of the legislative branch.
9. Member of the legislative branch means any member of the legislature or any member of a board of county commissioners or governing body of an incorporated city or other political subdivision who performs a legislative function.
10. Public employee means any person who performs public duties under the direction and control of a public officer for compensation paid by the state, a county or an incorporated city.
11. Public officer means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty, except:
(a) Any justice, judge or other officer of the court system;
(b) A notary public or commissioner of deeds; and
(c) Any member of a board, commission or other body whose function is advisory.
Sec. 5. 1. An executive ethics commission, consisting of six members, is hereby created. The governor shall appoint to the commission:
(a) One officer or employee of the state.
(b) One officer or employee of a county or incorporated city.
(c) Four residents of the state who are not public officers or employees.
2. After the initial terms, the members shall serve terms of 4 years. Any vacancy in the membership of the commission shall be filled for the unexpired term. A vacancy occurs when a member ceases to possess the qualification required for his appointment.
3. Not more than three members of the commission may be members of the same political party or residents of the same county.
Sec. 6. 1. A legislative ethics commission is hereby created, consisting of eight members selected as follows:
(a) The majority and minority leaders of the senate shall each appoint one senator from their respective parties.
(b) The speaker and the minority leader of the assembly shall each appoint one assemblyman from their respective parties.
(c) The legislative commission shall appoint:
(1) One member of a board of county commissioners;
(2) One member of the governing body of an incorporated city; and
(3) Two residents of the state who are not public officers or employees.
2. After the initial terms, the members shall serve terms of 4 years. Any vacancy in the membership of the commission shall be filled by the appropriate appointing authority for the unexpired term.
κ1977 Statutes of Nevada, Page 1105 (CHAPTER 528, AB 450)κ
appropriate appointing authority for the unexpired term. A vacancy occurs when a member ceases to possess the qualification required for his appointment.
3. Not more than four members of the commission may be members of the same political party or residents of the same county.
Sec. 7. 1. Each commission shall:
(a) At its first meeting and annually thereafter elect a chairman from among its members.
(b) Meet at least once in each calendar quarter and at other times upon the call of the chairman.
2. Members of each commission are entitled to receive a salary of $40 per day while engaged in the business of the commission, in addition to the traveling and subsistence allowances provided by law.
3. Each commission may employ such personnel, in the unclassified service of the state, and obtain such facilities as are required to carry out the functions of the commission. The salaries of persons so employed shall be within the limits of appropriations made by law.
Sec. 8. Each commission shall:
1. Adopt procedural regulations to facilitate the receipt of inquiries and prompt rendition of its opinions.
2. Prescribe, by regulation, forms and procedures for the submission of statements of financial disclosure, maintain files of such statements and make such statements available for public inspection.
3. Inform the attorney general or district attorney of all cases of noncompliance with the disclosure requirements by persons within its branch of government.
4. Recommend to the legislature such further legislation as the commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.
Sec. 9. A code of ethical standards is hereby established as a guide for the conduct of public officers and employees:
1. No public officer or employee may seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.
2. No public officer or employee may use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity in which he has a financial interest, or any other person.
3. No public officer or employee may approve, disapprove, vote, abstain from voting, or otherwise act upon any matter in which he has a financial interest without disclosing the full nature and extent of his interest. Such a disclosure shall be made before the time when he is to perform his duty or concurrently with that performance. If the officer or employee is a member of a body which makes decisions, he shall make disclosure to the chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make disclosure to the supervisory head of his organization or if he holds an elective office, to the general public in the area from which he is elected.
κ1977 Statutes of Nevada, Page 1106 (CHAPTER 528, AB 450)κ
4. No public officer or employee may participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a financial interest. Unless specifically prohibited by law, a public officer or employee, as such, is not precluded from making a bid on a government contract if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
5. No public officer or employee may accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.
6. If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he may not use the information to further the economic interests of himself or any other person or business entity.
7. No public officer or employee may suppress any governmental report or other document because it might tend to affect unfavorably his private financial interests.
Sec. 9.3. In addition to the general requirements of the code of ethical standards:
1. No member of the executive branch or public employee of the executive branch may accept compensation from any private person to represent or counsel him on any issue pending before the agency in which that officer or employee serves, if the agency makes decisions. No such officer or employee who leaves the service of the agency may represent or counsel a private person upon any issue which was under consideration by the agency during his service.
2. A member of the legislative branch, or a member of the executive branch or public employee whose public service requires less than half of his time, may represent or counsel a private person before an agency in which he does not serve.
Sec. 9.6. 1. In addition to the general requirements of the code of ethical standards, a member of the legislative branch should not vote upon but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His private financial interest; or
(c) His commitment in a private capacity to the interests of others.
2. A member of the legislative branch may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a business profession, occupation or group, is not greater than that accruing to any other member of the business, profession, occupation or group.
3. If a member of the legislative branch declares to the legislative body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule of a board of county commissioners or governing body of a city, is reduced as though the member abstaining were not a member of the body or committee.
κ1977 Statutes of Nevada, Page 1107 (CHAPTER 528, AB 450)κ
matter, as fixed by any statute, ordinance or rule of a board of county commissioners or governing body of a city, is reduced as though the member abstaining were not a member of the body or committee.
Sec. 10. 1. The executive ethics commission shall with respect to members of the executive branch, and the legislative ethics commission shall with respect to members of the legislative branch:
(a) Render opinions interpreting the code of ethical standards and the respective additional standards, and shall apply the code and additional standards to given sets of facts and circumstances upon requests from an appropriate ethics committee or by an appropriate public officer or employee seeking guidance on questions directly related to the propriety of his own future conduct as an officeholder or employee. Each such opinion is confidential unless:
(1) Released by the requester; or
(2) The public officer or employee acts in contravention of the opinion, in which case the appropriate commission may disclose the content of the opinion.
(b) Publish hypothetical opinions, abstracted from the opinions rendered under subsection 1, for the future guidance of all persons concerned with ethical standards in government.
2. A committee of the legislature may request an opinion upon the propriety of the future conduct of any member of the committee as it would relate to the work of that committee.
3. Any meeting held by a commission to receive information concerning the propriety of the future conduct of any public officer or employee is not subject to any provision of chapter 241 of NRS.
Sec. 11. Each commissions opinions may include guidance to an appropriate public officer or employee on questions whether:
1. A conflict exists between his personal interest and his official duty.
2. His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.
3. The conflict would materially affect the independence of judgment of a reasonable person in his situation.
4. He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.
5. It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest, or pursue some other designated course of action in the matter.
Sec. 11.5. The attorney general is the legal adviser to each commission. For each opinion he shall prepare at the direction of the commission the appropriate findings of fact and conclusions as to relevant standards and the propriety of particular conduct.
Sec. 12. Any department, board, commission or other agency of the state or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the commissions. Such a committee may:
1. Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. Such standards may not be less restrictive than the statewide code of standards.
κ1977 Statutes of Nevada, Page 1108 (CHAPTER 528, AB 450)κ
2. Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of ethical standards on questions directly related to the propriety of his own future official conduct or refer such request to the commission. Any public officer or employee under such a committee shall direct his inquiry to that committee instead of either commission.
Sec. 13. Sections 9 to 12, inclusive, of this act are intended to be preventive rather than punitive. These sections do not abrogate or decrease the effect of any of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.
Sec. 14. Every candidate for public office and every public officer shall file with the commission established for the branch in which he seeks or holds office a statement of financial disclosure, as follows:
1. A candidate for nomination or election shall file a statement of financial disclosure with the commission established for the branch in which he seeks office no later than the 10th day after the last day to qualify as a candidate for the office.
2. A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure with the commission established for the branch in which he holds office within 6 months after his appointment.
3. A public officer who holds an elective office shall file a statement of financial disclosure with the commission established for the branch in which he holds office within 6 months before the expiration of his term.
4. A public officer who holds an appointive office shall file statements of financial disclosure with the commission established for the branch in which he holds office:
(a) Within 6 months after his appointment; and
(b) Within 6 months before the expiration of his term, or if he serves at the pleasure of the appointing authority, within 6 months before the expiration of the term of the appointing authority, or if the appointing authority has no fixed term, within such period as the appropriate commission prescribes.
Sec. 15. Statements of financial disclosure shall be made in such form as the commission prescribes and shall contain the following information concerning the candidate or public officer:
1. His length of residence in the State of Nevada and the district in which he is registered to vote.
2. Each source of his income, or that of any member of his household, which constitutes 10 percent or more of such persons gross income for the preceding taxable year. No listing of individual clients, customers or patients is required, but if such is the case a general source such as professional services must be disclosed.
3. As limited by this subsection, any real estate which he or a member of his household owns in this state, except a personal residence, identified by general location and the nature of its use. An officer of a county, city or other political subdivision is required to list such real estate only if it is within the county, city or other political subdivision respectively. Any public officer is required to list such real estate only if its fair market value is $2,500 or more.
κ1977 Statutes of Nevada, Page 1109 (CHAPTER 528, AB 450)κ
public officer is required to list such real estate only if its fair market value is $2,500 or more.
4. The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:
(a) A debt secured by a mortgage or deed of trust of real property which is not required to be listed under subsection 3; and
(b) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.
Sec. 16. (Deleted by amendment.)
Sec. 17. A willful failure to file a statement of financial disclosure as required by the provisions of sections 14 and 15 of this act or regulations of the appropriate commission adopted thereunder is a misdemeanor.
Sec. 18. 1. Except as otherwise provided in subsection 2, it is unlawful for any state officer who is not a member of the legislature to:
(a) Become a contractor under any contract or order for supplies or other kind of contract authorized by or for the state or any of its departments, or the legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.
(b) Be interested in any contract made by him or to be a purchaser or interested in any purchase under a sale made by him in the discharge of his official duties.
2. Any member of any board or commission created under the provisions of Title 54 of NRS who is engaged in the profession, occupation or business regulated by such board or commission may supply or contract to supply, in the ordinary course of his business, goods, materials or services to any state or local agency except the board or commission of which he is a member.
3. Any contract made in violation of this section may be declared void at the instance of the state or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.
4. Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 18.3. NRS 241.020 is hereby amended to read as follows:
241.020 Except as otherwise [provided in NRS 241.030,] specifically provided by statute, all meetings of public agencies, commissions, bureaus, departments, public corporations, municipal corporations and quasi-municipal corporations and political subdivisions shall be open and public, and all persons shall be permitted to attend any meeting of these bodies.
Sec. 18.5. NRS 281.005 is hereby amended to read as follows:
281.005 As used in this chapter:
1. [Public] Except as limited for the purposes of sections 2 to 17, inclusive, of this act, public officer means a person elected or appointed to a position which:
(a) Is established by the constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; and
(b) Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.
κ1977 Statutes of Nevada, Page 1110 (CHAPTER 528, AB 450)κ
2. Special use vehicle means any vehicle designed or used for the transportation of persons or property off paved highways.
Sec. 19. NRS 281.230 is hereby amended to read as follows:
281.230 1. The following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind [or nature] of inconsistent with loyal service to the people resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:
(a) [Employees] State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees of state, county, municipal, district and township officers; and
[(b) Employees] (c) Officers and employees of quasi-municipal corporations.
2. Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, is void.
3. Every person violating any of the provisions of this section shall be punished as provided in NRS 197.230 and:
(a) Where such commission, personal profit or compensation is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Where such commission, personal profit or compensation is less than $100, for a misdemeanor.
Sec. 20. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, it is unlawful for any member of the legislature to:
(a) Become a contractor under any contract or order for supplies or any other kind of contract authorized by the legislature of which he is a member for the state or any of its departments, or the legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.
(b) Be interested in any contract made by the legislature of which he is a member, or be a purchaser or interested in any purchase or sale made by the legislature of which he is a member.
2. Any member of the legislature may sell, or enter into a contract to sell, to the state or any of its departments any item or commodity if he is the only source of supply of that item or commodity within the state.
3. Any contract made in violation of subsection 1 may be declared void at the instance of the state or of any other person interested in the contract except the member of the legislature prohibited in subsection 1 from making or being interested in the contract.
4. Any person violating subsection 1 is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 21. Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any county officer to be interested in any contract made by him or be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.
κ1977 Statutes of Nevada, Page 1111 (CHAPTER 528, AB 450)κ
made by him or be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.
2. Any contract made in violation of subsection 1 may be declared void at the instance of the county interested or of any other person interested in the contract except the officer prohibited from making or being interested in the contract.
3. Any person violating this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 22. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 to 25, inclusive, of this act.
Sec. 23. 1. It is unlawful for any member of a city council or other governing body of any city in this state to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the city council or other governing body of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 24. 1. It is unlawful for any city officer to be interested in any contract made by him, or to be a purchaser or interested, directly or indirectly, in any purchase of a sale made by him in the discharge of his official duties.
2. Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 25. Any contract made in violation of section 23 or 24 of this act may be declared void at the instance of the city interested or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.
Sec. 26. Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 27 to 29, inclusive, of this act.
Sec. 27. 1. It is unlawful for any member of a town board or board of county commissioners acting for any town to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the board of which he is a member, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. Any person violating subsection 1 is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 28. 1. It is unlawful for any town officer, directly or indirectly, to be interested in any contract made by him, or be a purchaser or be interested in any purchase under a sale made by him in the discharge of his official duties.
2. Any person violating subsection 1 is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 29. Any contract made in violation of section 27 or 28 of this act may be declared void at the instance of the town or any person interested in the contract except an officer prohibited from making or being interested in the contract.
Sec. 30. Chapter 309 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1977 Statutes of Nevada, Page 1112 (CHAPTER 528, AB 450)κ
1. All directors and other officers named in this chapter are prohibited from being directly or indirectly interested in any contract awarded by the board or in the profits to be derived from the contract.
2. For any violation of this section the director or officer is guilty of a gross misdemeanor, and shall forfeit his office.
Sec. 31. NRS 315.400 is hereby amended to read as follows:
315.400 1. [An] A commissioner or employee of the authority shall not voluntarily acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, the commissioner or employee shall immediately disclose such interest in writing to the authority and the disclosure shall be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving such housing project, property or contract. [, respectively.] If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose such interest in writing to the authority and the disclosure shall be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving such housing project, property, or contract. [, respectively.]
2. Any violation [of the provisions] of this section constitutes misconduct in office.
3. This section is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.
Sec. 32. NRS 315.981 is hereby amended to read as follows:
315.981 1. [An] A commissioner or employee of the authority shall not voluntarily acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, the commissioner or employee shall immediately disclose such interest in writing to the authority and the disclosure shall be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving such housing project, property or contract. [, respectively.] If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose such interest in writing to the authority and the disclosure shall be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving such housing project, property, or contract.
κ1977 Statutes of Nevada, Page 1113 (CHAPTER 528, AB 450)κ
action by the authority involving such housing project, property, or contract. [, respectively.]
2. [Any] A violation of [the provisions of] any provision of this section constitutes malfeasance in office.
3. This section is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreement by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.
Sec. 33. Chapter 344 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The superintendent shall not, during his continuance in office, have any interest, direct or indirect, in any contract for furnishing paper, other printing stock or material connected with the division.
Sec. 34. Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A member of any board of trustees shall not be financially interested in any contract made by the board of trustees of which he is a member.
Sec. 35. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A member of the board of regents shall not be interested, directly or indirectly, as principal, partner, agent or otherwise, in any contract or expenditure created by the board of regents, or in the profits or results thereof.
Sec. 36. Chapter 403 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A county road supervisor shall not:
(a) Directly or indirectly represent or act for any manufacturing concern, corporation or natural person selling or handling machinery, implements or material which may be used in road work. No machinery, implement or material used in road work, except items which cost less than $50 and are usually kept in stock and sold at usual prices, may be purchased from any manufactory, store or concern in which the county road supervisor is interested directly or indirectly.
(b) Receive any gift or reward for recommending, suggesting or influencing the expenditure of money for any such machinery, implement or material.
2. Every contract made in violation of this section is void.
3. Any county road supervisor who violates this section shall be removed from office, shall forfeit his bond and shall be punished:
(a) Where paragraph (b) of subsection 1 is violated, by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $5,000.
(b) Where paragraph (a) of subsection 1 is violated, for a gross misdemeanor.
Sec. 37. NRS 408.890 is hereby amended to read as follows:
408.890 [Any employee who becomes interested, directly or indirectly, in any contract for the construction, reconstruction, improvement, supervision, or maintenance of any highway is guilty of a gross misdemeanor and such contract is void.]
κ1977 Statutes of Nevada, Page 1114 (CHAPTER 528, AB 450)κ
1. All directors of the board, engineers and other officers or employees of the department are prohibited from having any interest, directly or indirectly, in any contract of any kind for the construction, reconstruction, improvement, supervision or maintenance of any highway.
2. Any contract made in violation of this section may be declared void at the instance of the state or any person interested in the contract except a person prohibited from being interested in it.
3. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor, shall forfeit his office and is forever disqualified from holding any public office in this state.
Sec. 38. Chapter 450 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A trustee shall not have a personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for the hospital unless the supplies are purchased by competitive bidding.
Sec. 39. NRS 463.060 is hereby amended to read as follows:
463.060 1. Each member shall devote his entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit.
2. [No] A member shall not be:
(a) A member of any political convention.
(b) A member of any committee of any political party, or engage in any party activities.
3. [No] A member shall not be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.
4. Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization. [or otherwise in violation of NRS 281.410 to 281.750, inclusive.] The oath of office shall be filed in the office of the secretary of state.
Sec. 40. Chapter 539 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All directors and other officers named in this chapter are prohibited from being directly or indirectly interested in any contract awarded by the board or in the profits to be derived from the contract.
2. For any violation of this section the director or officer is guilty of a gross misdemeanor, and upon conviction thereof forfeits his office.
Sec. 41. NRS 658.165 is hereby amended to read as follows:
658.165 1. Except as otherwise provided in subsection 2, an officer or employee of the banking division shall not be an officer, director, trustee, attorney or shareholder in any bank in the State of Nevada or receive, directly or indirectly, any payment from any such bank or be indebted to any state bank, or be engaged in the negotiation of loans for others with any such bank.
2. Any officer or employee of the banking division may be a depositor on the same terms as are available to the public generally, or may be indebted to a bank upon:
κ1977 Statutes of Nevada, Page 1115 (CHAPTER 528, AB 450)κ
(a) A mortgage loan upon his own home.
(b) A secured installment debt transferred to a bank in regular course of business by a seller of merchandise purchased by the officer or employee.
Sec. 42. NRS 703.050 is hereby amended to read as follows:
703.050 1. Before entering upon the duties of his office, each commissioner shall subscribe to the constitutional oath of office, and shall in addition swear that he is not pecuniarily interested in any public utility in this state as defined in chapter 704 of NRS. [or otherwise in violation of the Nevada Ethics in Government Law (NRS 281.410 to 281.750, inclusive).]
2. The oath of office shall be filed in the office of the secretary of state.
Sec. 43. 1. Sections 1 to 36, inclusive, of chapter 540, Statutes of Nevada 1975, are hereby repealed.
2. Section 10 of Assembly Bill 267 and section 28 of Assembly Bill 355 of the 59th session of the Nevada legislature are hereby repealed.
Sec. 44. 1. The initial terms of members of the executive ethics commission shall expire:
(a) For the officer or employee of state and for one of the persons who are not public officers or employees, on June 30, 1981.
(b) For the officer or employee of a county or incorporated city and for one of the persons who are not public officers or employees, on June 30, 1980.
(c) For one of the persons who are not public officers or employees, on June 30, 1979, and for the other on June 30, 1978.
The governor shall designate the respective expiration dates when he appoints the members who are not public officers or employees.
2. The initial terms of members of the legislative ethics commission shall expire:
(a) For the members of the majority party in the senate and assembly respectively, on June 30, 1981.
(b) For the members of the minority party in the senate and assembly respectively, on June 30, 1980.
(c) For the member of a board of county commissioners and one member who is not a public officer or employee, on June 30, 1979.
(d) For the member of the governing body of an incorporated city and one member who is not a public officer or employee, on June 30, 1978.
The legislative commission shall designate the respective expiration dates when it appoints the members who are not public officers or employees.
3. The governor shall set the date of the first meeting of the executive ethics commission and the chairman of the legislative commission shall set the date of the first meeting of the legislative ethics commission. In each case, the date shall be no later than September 30, 1977.
Sec. 45. 1. There is hereby appropriated from the state general fund to the executive ethics commission and the legislative ethics commission respectively, to perform their duties under sections 2 to 17, inclusive, of this act:
κ1977 Statutes of Nevada, Page 1116 (CHAPTER 528, AB 450)κ
(a) For the fiscal year 1977-78, the sum of $5,000.
(b) For the fiscal year 1978-79, the sum of $5,000.
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.
________
Senate Bill No. 153Committee on Government Affairs
CHAPTER 529
AN ACT relating to governmental agencies; reorganizing certain of those which deal with energy and the use and conservation of natural resources; and providing other matters properly relating thereto.
[Approved May 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. 1. The division of environmental protection consists of the administrator and any other necessary personnel.
2. The administrator is appointed by the director and is in the unclassified service of the state.
Sec. 3. 1. The division of water planning consists of the administrator and any other necessary personnel.
2. The administrator is appointed by the director and is in the unclassified service of the state.
Sec. 3.5. 1. The division of mineral resources consists of the administrator and any other necessary personnel.
2. The administrator is appointed by the director and is in the unclassified service of the state.
Sec. 4. 1. The director shall appoint two assistant directors of the department and shall assign their duties.
2. Each assistant director is in the unclassified service of the state and is entitled to receive:
(a) An annual salary in the amount determined pursuant to the provisions of NRS 284.182.
(b) Travel expenses and subsistence allowances as provided by law.
3. Each assistant director shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation.
Sec. 4.5. The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. Such employees shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182. Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
κ1977 Statutes of Nevada, Page 1117 (CHAPTER 529, SB 153)κ
Sec. 5. NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to 232.158, inclusive [:] , and sections 2 to 4.5, inclusive, of this act:
1. Department means the state department of conservation and natural resources.
2. Director means the director of the state department of conservation and natural resources.
Sec. 6. NRS 232.040 is hereby amended to read as follows:
232.040 1. The director shall be selected with special reference to his training, experience, capacity and interest in [the field of] conservation [and development of] or natural resources [.] , or both.
2. The director shall [:
(a) Be a registered professional engineer under chapter 625 of NRS;
(b) Possess a wide knowledge of the natural resources of the State of Nevada; and
(c) Have an extensive knowledge of principles of public organization and administration.] have the demonstrated ability to administer a major public agency in the field of conservation and natural resources having diverse functional divisions with related goals.
Sec. 7. NRS 232.070 is hereby amended to read as follows:
232.070 1. As executive head of the department, the director [shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations as he may deem necessary for the operation of the department.
(d) Plan such studies and investigations as he may deem appropriate and carry out the same in conjunction with the various divisions.
(e) Coordinate all studies in the State of Nevada concerned with the supply, development, use and conservation of water.
(f) Prepare and deliver to the governor, on or before October 1 in the year preceding a regular session of the legislature, and at such other times as may be required by the governor, a full report of the work of the department, and the divisions thereof, including a detailed statement of the expenditures of the department and any recommendations the director may have.
4. The director, with the approval of the governor, may:
(a) Enter into cooperative agreements; or
(b) Authorize the administrator or executive head of a division within the department to enter into cooperative agreements,
with any federal or state agency or subdivision thereof, or any public or private institution located in or outside the State of Nevada, or any person, corporation or association, in connection with studies and investigations pertaining to waters, lands or other matters related to the development or conservation of natural resources.]
κ1977 Statutes of Nevada, Page 1118 (CHAPTER 529, SB 153)κ
private institution located in or outside the State of Nevada, or any person, corporation or association, in connection with studies and investigations pertaining to waters, lands or other matters related to the development or conservation of natural resources.] is responsible for the administration, through the divisions and other units of the department, of all provisions of law relating to the functions of the department, except functions assigned by law to the state environmental commission or the state conservation commission.
2. Except as provided in subsection 4, the director shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the department and coordinate departmental and divisional programs with other departments and with other levels of government.
(e) Appoint the executive head of each division within the department.
(f) Delegate to the executive heads of the divisions such authorities and responsibilities as he deems necessary for the efficient conduct of the business of the department.
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the department, and alter departmental organization and reassign responsibilities as he deems appropriate.
(h) From time to time adopt, amend and rescind such regulations as he deems necessary for the administration of the department.
3. Except as provided in subsection 4, the director may:
(a) With the approval of the governor, receive and accept on behalf of the department gifts, devises, bequests and grants of real or personal property. All money and property received by the director shall be accounted for in the appropriate trust or agency fund which is available to the department.
(b) Enter into cooperative agreements with any federal or state agency or political subdivision of the state, or any public or private institution located in or outside the State of Nevada, or any person, corporation or association, in connection with studies and investigations pertaining to any activities of the department.
4. This section does not confer upon the director any powers or duties which are delegated by law to the state environmental commission or the state conservation commission, but the director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the commissions.
Sec. 8. NRS 232.090 is hereby amended to read as follows:
232.090 1. The department consists of [:] the director and the following divisions:
[1.] (a) The division of water resources.
[2.] (b) The division of state lands.
[3.] (c) The division of forestry.
[4.] (d) The division of [oil and gas conservation.] mineral resources.
[5.] (e) The division of state parks.
κ1977 Statutes of Nevada, Page 1119 (CHAPTER 529, SB 153)κ
[6.] (f) The division of conservation districts.
[7.] (g) The [state environmental commission division.] division of environmental protection.
[8.] (h) The division of [Colorado River resources.] water planning.
[9.] (i) The division of historic preservation and archeology.
[10.] (j) Such other divisions as the director may [in his discretion] from time to time establish. [, to cooperate with the various committees, districts, associations and political subdivisions concerned with conservation and natural resources.]
2. The state environmental commission and the state conservation commission are within the department.
Sec. 9. NRS 232.140 is hereby amended to read as follows:
232.140 1. [Funds] Money to carry out the provisions of NRS 232.010 to 232.158, inclusive, and to support the department and its various divisions and other units shall be provided by direct legislative appropriation from the general fund.
2. All [moneys] money so appropriated shall be paid out on claims approved by the director in the same manner as other claims against the state are paid.
Sec. 10. NRS 232.152 is hereby amended to read as follows:
232.152 1. The governor shall appoint 13 members to the committee as follows:
(a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity:
(1) [Advisory] Oil, gas and mining board.
(2) Central committee of Nevada state grazing boards.
(3) Nevada League of Cities.
(4) State board of agriculture.
(5) State board of fish and game commissioners.
(6) State conservation commission.
(7) State environmental commission.
(8) State land use planning advisory council.
(9) State park advisory commission.
(10) Nevada association of county commissioners.
(b) Each of three members shall be appointed to represent respectively the interests of each of the following:
(1) Railroads and utilities.
(2) Sportsmen.
(3) Off-road vehicle enthusiasts.
2. The committee shall select one of its members to serve as chairman. The assistant director provided for in NRS 232.157 shall serve as secretary but shall have no vote.
Sec. 11. NRS 232.157 is hereby amended to read as follows:
232.157 [1.] The director shall appoint [an assistant director] one of the assistant directors to act as the secretary of the committee as provided in NRS 232.152. [In addition, he shall perform such other duties as may be designated by the director.
2. The assistant director shall:
κ1977 Statutes of Nevada, Page 1120 (CHAPTER 529, SB 153)κ
(a) Be in the unclassified service of the state notwithstanding the provisions of NRS 232.060 or 284.140 or any other law; and
(b) Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
(c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.]
Sec. 12. NRS 232.320 is hereby amended to read as follows:
232.320 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions and agencies of the department. The chief of the aging services division shall be known as the administrator of the aging services division, the chief of the child care services division shall be known as the administrator of the child care services division, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division, the chief of the welfare division shall be known as the state welfare administrator, and the chief of the youth services agency shall be known as the administrator of the youth services agency.
2. Be responsible for the administration, through the divisions and agencies of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 436, inclusive, 439 to [447,] 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions and agencies of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions or agencies.
3. Have such other powers and duties as provided by law.
Sec. 13. 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;
κ1977 Statutes of Nevada, Page 1121 (CHAPTER 529, SB 153)κ
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;
16. [Nevada state park system] Division of state parks employees designated by the administrator of the [Nevada state park system] division of state parks 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;
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. 14. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Before a legal description of land is submitted to the legislature or the legislative counsel bureau by any state agency or department in connection with a proposed legislative measure for the acquisition or disposition of state lands, the state land registrar shall attach a certificate verifying the completeness and accuracy of the description.
2. The certificate shall include the statement, The attached or foregoing description has been verified as being a complete and accurate legal description of the land involved in the proposed transaction. The certificate shall be signed by the person who actually examined and verified the description as well as by the administrator.
3. The legislative counsel shall note in the summary of the bill that the description is verified or report this fact specially to the legislative commission.
Sec. 15. NRS 218.240 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1122 (CHAPTER 529, SB 153)κ
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive.
2. Upon request, subject to the schedule provided in NRS 218.245, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature. [Before the legislative counsel accepts from such agency or department any legislative measure involving the acquisition or disposition of state land and containing a legal description thereof, he shall require the submittal of a certificate verifying the completeness and accuracy of the description, as provided in NRS 232.115. The fact that the description is verified shall be noted in the summary of the bill or a special report concerning the description may be addressed to the legislative commission.] To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) Requests for legislative measures from each state agency or department shall, insofar as is possible, be processed in the order in which they are received, unless a different drafting priority is designated by the state agency or department.
(b) As soon as a state agency or department has requested 10 bills for any session the legislative counsel may request it to designate the drafting priority for each succeeding request.
(c) The drafting priority so designated shall guide the legislative counsel in the processing of the respective state agency and department requests, it being the purpose of this subsection to assure each state agency and department, as nearly as is possible, an equal priority rank.
3. Upon request, the legislative counsel shall aid and assist any legislator in the preparation of bills and resolutions, drafting them in proper form, and furnishing the legislator the fullest information upon all matters within the scope of his duties. Subject to the schedule provided in NRS 218.245, the legislative counsel shall, insofar as is possible, process all legislators requests for legislative measures in the order in which they are received. To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) If he so desires, a legislator may designate a different drafting priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible. The drafting priority so designated shall guide the legislative counsel in the processing of the respective legislators requests.
(b) The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of such committees, shall not, except where urgency is recognized, take precedence over the priority schedule established or designated for legislators bills and resolutions.
4. The legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
5. The legislative counsel may deliver to the superintendent of the state printing and records division of the department of general services and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure.
κ1977 Statutes of Nevada, Page 1123 (CHAPTER 529, SB 153)κ
and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 16. NRS 231.130 is hereby amended to read as follows:
231.130 The director shall not interfere with the functions of any other state agencies but shall be furnished from time to time, on request, with data and other information from such agencies records bearing on all matters relative to the objectives of the department. It is expected that the director shall avail himself of the records and assistance of the state public works board, the employment security department, the [advisory] oil, gas and mining board and the bureau of mines and geology, the state forester firewarden, the state department of agriculture, the department of highways, the Nevada department of fish and game, the state engineer, the chief of the budget division of the department of administration and the state board of finance, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.
Sec. 17. NRS 234.020 is hereby amended to read as follows:
234.020 All maps of state boundaries [shall be] are filed [in the office of the director] with the division of state lands of the state department of conservation and natural resources.
Sec. 18. NRS 243.400 is hereby amended to read as follows:
243.400 The county surveyors of the several counties where such boundaries are surveyed [are required to] shall make out a report and maps of the [same,] boundaries, one copy to be deposited with the county clerks of the counties, and a joint copy of the counties adjoining to be transmitted to the [director] division of state lands of the state department of conservation and natural resources.
Sec. 19. NRS 278.808 is hereby amended to read as follows:
278.808 The agency shall appoint an advisory planning commission to serve in an advisory capacity to the agency. The planning commission shall include: [but shall not be limited to:]
1. The chief planning officers of Carson City and the counties of Douglas and Washoe;
2. The county health officer of Douglas County or his designee;
3. The county health officer of Washoe County or his designee;
4. The [chief of the bureau of environmental health of the health division of the department of human resources] administrator of the division of environmental protection of the state department of conservation and natural resources or his designee;
5. The executive officer of the Nevada Tahoe regional planning agency, who shall act as chairman; and
6. At least two lay members, each of whom shall be a resident of the region.
Sec. 20. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 23, inclusive, of this act.
Sec. 21. 1. The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for highway purposes;
κ1977 Statutes of Nevada, Page 1124 (CHAPTER 529, SB 153)κ
(b) Lands or interests the title to which is vested in the board of regents of the University of Nevada,
and shall administer all such lands not assigned for administration to another state agency.
2. When additional land or an interest in land is required for the use of any state agency except the department of highways or the University of Nevada, the agency shall select a site and, if the state public works board approves the selection, the division of state lands shall obtain the land or interest by negotiation or if necessary by the exercise of the states power of eminent domain. Title shall be taken in the name of the State of Nevada.
Sec. 22. 1. The state land registrar shall assign any land or interest in land owned by the state which is needed for governmental purposes to the appropriate state agency for use and administration. Before a state agency erects a building or makes any other permanent improvement on land assigned to it, the agency shall notify the state land registrar, in a form prescribed by him, and shall not proceed with the construction or improvement until the state land registrar certifies the nature of and any encumbrances against the states title to the land, and certifies that the boundaries of the land assigned include the site of the proposed construction or improvement.
2. When authorized by the legislature to lease or sell land or any interest therein, the division of state lands shall do so upon the best terms available. The state land registrar shall execute on behalf of the state any lease, deed or other document by which any land or interest therein owned by the state is conveyed.
Sec. 23. 1. When any person desires to erect any pier, breakwater or other structure extending into Lake Tahoe, or remove any material from the bed of the lake, he shall first obtain a permit to do so from the division of state lands. The division shall not issue the permit until it has consulted the Nevada Department of fish and game and the division of environmental protection.
2. The division shall establish by regulation:
(a) A reasonable fee to be paid when an application is made for a permit.
(b) A schedule of annual rents, according to the size and use of the pier, to be paid for the use of the underlying land.
3. Any person who engages in any activity for which a permit is required by this section, without first obtaining the appropriate permit, is guilty of a misdemeanor.
Sec. 24. NRS 321.045 is hereby amended to read as follows:
321.045 1. In addition to the records required to be kept pursuant to NRS 321.040, the state land registrar shall maintain an index or record of deeds or other evidence of title or interest in and to all lands or interests in lands owned or acquired by the state [or any department, agency or institution thereof, whether the same was acquired] by purchase, gift, grant or selection, condemnation, escheat, forfeiture of contract of sale, or otherwise, excepting all lands or interests therein acquired by the department of highways [.] or the University of Nevada.
2. With respect to lands or interests therein acquired after April 1, 1957, such index shall state the area of each parcel and the cost to the state of each parcel.
κ1977 Statutes of Nevada, Page 1125 (CHAPTER 529, SB 153)κ
1957, such index shall state the area of each parcel and the cost to the state of each parcel.
3. [Every department or agency of the state, except the department of highways, shall, upon acquiring any land or interest therein, transmit to the state land registrar the information necessary to make such entities in the index.
4.] For the purposes of this chapter, the state highway engineer is hereby designated as the agent of the state land registrar to maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department of highways.
(There are no sections 25 through 30.)
Sec. 31. NRS 321.400 is hereby amended to read as follows:
321.400 As used in NRS 321.390 to 321.470, inclusive:
1. Administrator means the administrator of the division of Colorado River resources of the [state] department of [conservation and natural resources.] energy.
2. Advisory group means the Eldorado Valley advisory group.
Sec. 32. NRS 321.460 is hereby amended to read as follows:
321.460 1. There is hereby created in the state treasury, for the use of the administrator in carrying out the provisions of NRS 321.390 to 321.470, inclusive, a trust fund to be known as the Eldorado Valley development fund.
2. None of the [moneys] money in such fund [shall] may be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.
3. [Moneys] Money in the Eldorado Valley development fund shall be paid out on claims against such fund as other claims against the state are paid, after such claims have been approved by the administrator.
4. The division of Colorado River resources of the [state] department of [conservation and natural resources] energy shall budget and pay claims for premiums for industrial insurance provided for members of the advisory group.
Sec. 33. NRS 321.490 is hereby amended to read as follows:
321.490 As used in NRS 321.480 to 321.536, inclusive, unless the context otherwise requires:
1. Administrator means the administrator of the division of Colorado River resources of the department.
2. Commission means the Colorado River advisory commission.
3. Department means the [state] department of [conservation and natural resources.] energy.
Sec. 34. NRS 321.535 is hereby amended to read as follows:
321.535 The administrator shall, with the advice of the commission, the [other divisions of the] state department of conservation and natural resources and the county commissioners of Clark County, prepare plans for the development of the lands described in NRS 321.534. The administrator shall, notwithstanding any other provision of this chapter, sell or dispose of such lands in accordance with the plans and procedures of the division.
Sec. 35. NRS 321.640 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1126 (CHAPTER 529, SB 153)κ
321.640 The legislature hereby finds and declares that:
1. There is a statewide public interest in a more efficient system of land use planning and decisionmaking.
2. The rapid and continued growth of the states population, expanding urban development, increasing pressures upon natural resources, conflicts in patterns of land use, a lack of state land use policy and planning and the increased size, scale and impact of private actions have created a situation in which land use management decisions of wide public concern often are being made on the basis of expediency, tradition, short-term economic considerations and other factors which too frequently are unrelated or contradictory to sound environmental, economic and social land use considerations.
3. The task of land use planning and management is made more difficult by the lack of understanding of, and the failure to assess, the land use impact of federal, regional, state and local programs and private endeavors which do not possess, or are not subject to, readily discernible land management goals or guidelines, and that a state land use policy is needed to develop a state and local awareness of [, and ability to measure,] the land use impacts inherent in most public and private programs and activities.
4. Adequate data and information on land use and systematic methods of collection, classification and utilization thereof are either lacking or not readily available to public and private land use decisionmakers, and a state land use policy must place a high priority on the procurement and dissemination of land use data.
5. The land use decisions of the Federal Government, including those concerning the federal lands, which comprise 86.4 percent of the lands of Nevada, often have significant impact upon statewide and local environments and patterns of development, and a federal land use policy ought to take into consideration the needs and interests, and invite the participation, of [,] state and local governments and members of the public. [A]
6. The most successful state land use planning program in terms of quality and acceptance will be based upon a properly defined role for all levels of government.
7. The policy of the state land use planning process must be that maximum use be made of local governments plans, and that local plans be based upon the ability of resources to support growth and development, and upon the provisions of chapter 278 of NRS.
8. The state land use policy and planning program is vital to protect the interests of the people of Nevada [in] when federal land use and management decisions are made over federally owned lands within the State of Nevada.
[6.] 9. Unplanned development in critical environmental areas can and has resulted in irreparable damage to natural resources. The available supply of water, the effects upon air quality, land capabilities and various other factors mandate the proper location, type and scale of future developments. It is therefore imperative that a land planning and use authority be established to guide the conversion and use of lands in accordance with sound environmental, economic and social considerations.
κ1977 Statutes of Nevada, Page 1127 (CHAPTER 529, SB 153)κ
Sec. 36. NRS 321.650 is hereby amended to read as follows:
321.650 As used in NRS 321.640 to 321.810, inclusive, and section 40 of this act the words and terms defined in NRS 321.655 to 321.690, inclusive, have the meanings ascribed to them in [such] those sections unless the context otherwise requires.
Sec. 37. NRS 321.710 is hereby amended to read as follows:
321.710 1. The administrator shall administer the activities of the state land use planning agency. He [shall have] has the primary authority and responsibility in the state for the development and operation of a state land use program.
2. The activities of the state land use planning agency which have priority are:
(a) Provision of technical assistance in areas where such assistance is requested;
(b) Activities relating to federal lands in this state; and
(c) Investigation and review of proposals for designation of areas of critical environmental concern and the development of standards and plans therefor.
3. In addition to the assistant provided by subsection 3 of NRS 321.010 he may appoint, subject to the availability of funds, such professional technical, administrative, clerical and other persons as he may require for assistance in performing his land use planning duties.
Sec. 38. NRS 321.730 is hereby amended to read as follows:
321.730 In the development of the statewide land use planning process:
1. The administrator shall:
(a) [Give priority to the development of] Develop an adequate data base for a statewide land use planning process using data available from existing sources wherever feasible.
(b) [Coordinate the] Initiate the coordination of activities of the state land use planning agency with:
(1) The planning activities of all state agencies undertaking federally financed or assisted planning programs insofar as such programs relate to land use;
(2) The regulatory activities of all state agencies enforcing air, water, noise or other pollution standards;
(3) All other relevant planning activities of state agencies;
(4) Flood plain zoning plans approved by the Secretary of the Army pursuant to the Flood Control Act of 1960 (33 U.S.C. §§ 642 et seq.), as amended;
(5) The planning activities of areawide agencies designated pursuant to regulations established under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. §§ 3301 et seq.), as amended;
(6) The planning activities of local governments and regional planning commissions; and
(7) The planning activities of federal agencies.
2. The administrator shall:
(a) Invite participation by and consider information from cities, counties and regional planning commissions or agencies.
κ1977 Statutes of Nevada, Page 1128 (CHAPTER 529, SB 153)κ
(b) Conduct public hearings, with adequate public notice, allowing full public participation in the development of the state land use program.
(c) Make available to the public, promptly upon request, land use data and information, studies, reports and records of hearings.
Sec. 39. NRS 321.780 is hereby amended to read as follows:
321.780 The provisions of NRS 321.720. 321.730 and 321.770 and section 40 of this act may be [implemented] carried out in whole or in part with the cooperation and assistance of other state agencies as directed by the governor.
Sec. 40. Chapter 321 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state land use planning agency shall review and evaluate land use policies and activities for lands in Nevada which are under federal management, and may represent the interests of the state, its local or regional entities, or its citizens as these interests are affected by federal land use policies and activities.
Sec. 41. NRS 407.011 is hereby amended to read as follows:
407.011 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the [Nevada state park system.] division.
2. Commission means the state park advisory commission.
3. Department means the state department of conservation and natural resources.
4. Director means the director of the department.
5. Division means the division of state parks of the [state] department. [of conservation and natural resources.
4. System means the Nevada state park system.]
Sec. 42. NRS 407.013 is hereby amended to read as follows:
407.013 It is the intention of the legislature that the [Nevada state park system] division shall acquire, protect, develop and interpret a well-balanced system of areas of outstanding scenic, recreational, scientific and historical importance for the inspiration, use and enjoyment of the people of the State of Nevada and that such areas shall be held in trust as irreplaceable portions of Nevadas natural and historical heritage.
Sec. 43. NRS 407.015 is hereby amended to read as follows:
407.015 There is hereby created the [Nevada state park system.] division of state parks in the state department of conservation and natural resources.
Sec. 44. NRS 407.017 is hereby amended to read as follows:
407.017 There is hereby created in the [Nevada state park system] division a state park advisory commission composed of seven members to be appointed by the governor.
Sec. 45. NRS 407.025 is hereby amended to read as follows:
407.025 While engaged in official business of the [system,] division, the members of the commission shall receive the per diem expense allowance and travel expenses [as] provided by law.
Sec. 46. NRS 407.033 is hereby amended to read as follows:
407.033 1. The members of the commission shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the commission, but a meeting of the commission shall be held at least quarterly.
κ1977 Statutes of Nevada, Page 1129 (CHAPTER 529, SB 153)κ
and at such places as shall be specified by the call of the chairman or a majority of the commission, but a meeting of the commission shall be held at least quarterly. In case of emergency, special meetings may be called by the chairman or by the administrator.
2. The commission shall give notice of any proposed meeting, other than an emergency meeting, at least 30 days before the meeting. The notice shall contain an agenda of all matters to be considered, including without limitation any matter involving a change in any fee permitted to be charged under this chapter. The commission shall send a copy of each notice to every member of the legislature.
3. Four members of the commission constitute a quorum. A quorum may exercise all the power and authority conferred on the commission.
4. Minutes of each meeting, regular or special, shall be filed in the office of the [system] division and shall be public records.
Sec. 47. NRS 407.035 is hereby amended to read as follows:
407.035 1. The commission [shall have] has only such powers and duties as are authorized by law.
2. The commission [shall have] has the following powers and duties:
(a) To be informed on and interested in the entire field of legislation and administration charged to the [system.] division.
(b) To report through the department to the governor and legislature on all matters which it may deem pertinent to the [system,] division, and concerning any specific matters previously requested by the governor.
(c) To advise and make recommendations through the department to the governor or the legislature relative to the park and recreation policy of the state.
(d) To advise the administrator concerning formulation of the policy of the [system] division and the various [divisions] sections thereof.
3. The commission shall prescribe [rules and] regulations for its own management and government.
Sec. 48. NRS 407.037 is hereby amended to read as follows:
407.037 The position of administrator of the [Nevada state park system] division of state parks is hereby created. The administrator [shall be] is in the unclassified service of the state.
Sec. 49. NRS 407.043 is hereby amended to read as follows:
407.043 The administrator shall [be a graduate from an accredited college or university, and he shall] have demonstrated executive ability and [shall have had actual experience and training in the conduct of park and recreational systems involving both physical development and program.] be experienced in parks activities and programs.
Sec. 50. NRS 407.045 is hereby amended to read as follows:
407.045 1. The administrator shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2. The salary of the administrator may be apportioned and paid from any [funds] money available to the [system,] division, unless otherwise provided by law.
3. The administrator shall receive the per diem expense allowance and travel expenses [as] provided by law.
κ1977 Statutes of Nevada, Page 1130 (CHAPTER 529, SB 153)κ
4. The administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 51. NRS 407.047 is hereby amended to read as follows:
407.047 1. As the executive head of the [system,] division, the administrator, subject to administrative supervision by the director, shall direct and supervise all administrative, fiscal, budget and technical activities of the [system,] division, and all programs administered by the [system] division as provided by law. [He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.]
2. The administrator may organize the [system] division into various sections and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The administrator shall:
(a) Coordinate the activities of the various sections of the [system.] division.
(b) Report to the director [of the department of conservation and natural resources] upon all matters pertaining to the administration of his office.
(c) Submit a biennial report to the director on the work of the [system,] division, with recommendations that he may deem necessary.
(d) Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the [system] division may require.
Sec. 52. NRS 407.0475 is hereby amended to read as follows:
407.0475 1. The administrator shall from time to time adopt, amend and rescind such regulations as he finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the [system,] division, and such regulations have the force of law. Such regulations may include [, but need not be limited to,] prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the [system.] division.
2. Any regulations relating to the conduct of persons within park or recreational facilities shall:
(a) Be directed toward one or both of the following:
(1) Prevention of damage to or misuse of the facility.
(2) Promotion of the inspiration, use and enjoyment of the people of this state through the preservation and use of the facility.
(b) Apply separately to each park, monument and be designed to fit the conditions or recreation area, existing at that park, monument or recreation area.
3. Any person whose conduct violates any regulation adopted pursuant to subsection 1, and who refuses to comply with such regulation upon request by any ranger or employee of the [system] division who has been designated a peace officer pursuant to NRS 407.065, is guilty of a misdemeanor.
Sec. 53. NRS 407.053 is hereby amended to read as follows:
407.053 Officers and employees of the [system] division shall receive the per diem expense allowance and travel expenses [as] provided by law.
κ1977 Statutes of Nevada, Page 1131 (CHAPTER 529, SB 153)κ
receive the per diem expense allowance and travel expenses [as] provided by law.
Sec. 54. NRS 407.055 is hereby amended to read as follows:
407.055 1. The administrator may designate an employee or employees of the [system] division to act as his deputy or deputies. In case of the absence of the administrator, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.
2. Deputies shall receive annual salaries in the amounts determined pursuant to statute.
3. Each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 55. NRS 407.057 is hereby amended to read as follows:
407.057 1. The [system] division shall maintain its headquarters office at Carson City, Nevada.
2. The [system] division may maintain such district or branch offices throughout the state as the administrator may deem necessary to the efficient operation of the [system] division and the various sections thereof. The administrator [is hereby authorized, on behalf of the system, to] may, subject to the approval of the director, enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the buildings and grounds division of the department of general services and in accordance with the provisions of NRS 331.110.
Sec. 56. NRS 407.063 is hereby amended to read as follows:
407.063 [The system may acquire,] The administrator may acquire for the division, subject to the approval of the director and with the concurrence of the interim finance committee, and within the limits of legislative appropriation where [funds are] money is required, real or personal property by lease, purchase, gift, grant, devise or in any other manner. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the [system.] division. The interim finance committee may clarify the legislative intent of an appropriation at the request of the director, any member of the commission or the administrator.
Sec. 57. NRS 407.065 is hereby amended to read as follows:
407.065 The [system is hereby authorized to:] administrator, subject to the approval of the director, may:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.
2. Protect state parks and property controlled or administered by it from misuse or damage and [to] preserve the peace within such areas. At the discretion of the administrator, rangers and employees of the [system] division shall have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the [system.] division. The administrator may appoint or designate certain [system] division 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.
κ1977 Statutes of Nevada, Page 1132 (CHAPTER 529, SB 153)κ
division 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.] division.
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees 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] division to public or private corporations, to groups of individuals, or to individuals for a valuable consideration upon such terms and conditions as the [system] division deems fit and proper, but no concessionaire [shall be permitted to] may dominate any state park operation. Rental and lease payments shall be deposited in the general fund.
Sec. 58. NRS 407.067 is hereby amended to read as follows:
407.067 1. In the administration of various programs by the [system] division as provided by law, the [system] administrator, subject to the approval of the director, may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, any county, city, public district or political subdivision of this state, any public or private corporation, any individual, or any group of individuals, but such cooperation shall not of itself relieve any such cooperator of any responsibility or liability existing under any provision of law.
2. The [system is hereby authorized to] administrator, subject to the approval of the director, may accept funds appropriated and made available by any Act of the Congress of the United States for the various programs administered by the [system] division as provided by law.
3. The [system is hereby authorized to] administrator, subject to the approval of the director, may accept funds and contributions made available by any county, city, public district or political subdivision of this state or any public or private corporation, individual or group of individuals for the various programs administered by the [system] division as provided by law.
Sec. 59. NRS 407.068 is hereby amended to read as follows:
407.068 1. As used in this section:
(a) Controlling subdivision means any political subdivision of this state, including irrigation, water conservancy and other districts, which owns or controls a site suited to a public park.
(b) Other state agency means any other agency of this state which owns or controls a site suited to a public park or is engaged in park and recreation development.
(c) Park includes any recreational facility.
κ1977 Statutes of Nevada, Page 1133 (CHAPTER 529, SB 153)κ
(d) Using subdivision means any political subdivision of this state which is authorized to establish and maintain public parks.
2. The [system is authorized to] administrator, subject to the approval of the director, may enter into cooperative agreements for the operation of parks, not a part of the [system] division but which are of state park caliber, with any other state agency, controlling or using subdivision, for the primary purpose of establishing or maintaining a park where:
(a) A controlling subdivision is not authorized to establish or maintain parks; or
(b) A using subdivision would be subjected to an unfair financial burden through extensive use of the park by nonresidents of the using subdivision.
3. Such an agreement shall include:
(a) The [system;] division;
(b) The using subdivision in which the site is located; and
(c) The controlling subdivision or other state agency.
The agreement may include any other using subdivision whose residents may be expected to make substantial use of the park.
4. The [system] division shall apportion the cost of operation, or the combined state and local shares of the cost if federal funds are also received, as follows:
(a) As between the state and the using subdivision or subdivisions, on the basis of the number of persons residing outside the using subdivisions, as against the number of residents of such subdivisions, who are estimated or anticipated by the [system] division to use the park.
(b) As between two or more using subdivisions, on the basis of the number of residents of each so estimated or anticipated to use the park.
Sec. 60. NRS 407.069 is hereby amended to read as follows:
407.069 In the utilization of the [moneys] money received pursuant to the provisions of NRS 365.535, the [system] administrator, subject to the approval of the director, may execute agreements with federal and state agencies, counties and special districts for the development, improvement and maintenance of boating facilities and other outdoor recreational facilities associated with boating.
Sec. 61. NRS 407.073 is hereby amended to read as follows:
407.073 1. The [system is hereby authorized to] division may exhibit and display property, objects, articles, things and commodities at exhibits, fairs, expositions and places of public or private exhibition.
2. The [system] administrator, subject to the approval of the director, may negotiate, consult with and agree with institutions, departments, officers, persons and corporations of and in the State of Nevada and elsewhere concerning quarters for and the preservation, care, transportation, storing, custody, display and exhibition of property, objects, articles, things and commodities, and concerning the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof.
3. The [system] division shall have sole responsibility for and jurisdiction of any museum or exhibit maintained on state park property.
Secs. 62 and 63. (Deleted by amendment.)
Sec. 64. NRS 407.075 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1134 (CHAPTER 529, SB 153)κ
407.075 1. The state park grant and gift fund is hereby created in the state treasury for the use of the [system.] division.
2. The following [moneys] money shall be deposited in the state park grant and gift fund:
(a) Gifts, grants or devises accepted by the [system] division under the provisions of NRS 407.063.
(b) Grants and [moneys] money accepted by the [system] division from any public or private corporation, group of individuals or individual under the provisions of NRS 407.067.
3. Expenditures from the state park grant and gift fund shall be made only for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the [system.] division.
Sec. 65. NRS 407.077 is hereby amended to read as follows:
407.077 1. [Funds] Money to carry out the provisions of this chapter and to support the [system,] division, its various sections, and programs administered by the [system,] division, may be provided by direct legislative appropriation from the general fund.
2. All [moneys] money in any fund in the state treasury available to the [system] division shall be paid out on claims approved by the administrator as other claims against the state are paid.
Sec. 66. NRS 407.120 is hereby amended to read as follows:
407.120 Upon the recommendation of the administrator of the division of state parks, with the approval of the director, or the administrator of the division of historic preservation and archeology, through the director of the state department of conservation and natural resources, the governor may, by proclamation, designate any site, place or building located on any publicly owned land, or any land in the state held by the [system] division under lease or permit, as a state park, state monument, historical landmark, historical building, an archeological area or recreational area.
Sec. 67. NRS 407.130 is hereby amended to read as follows:
407.130 The [system] division shall administer, protect, mark and develop any such state monument, historical landmark, historical building or recreational area so designated and proclaimed as provided in NRS 407.120, and any [moneys] money appropriated to the [system,] division, or derived by it from any source whatever, may be expended by it for the marking, care, protection, supervision, improvement or development of any such state monument, historical landmark, historical building or recreational area.
Sec. 68. NRS 407.140 is hereby amended to read as follows:
407.140 The Genoa fort and stockade and the land upon which it is located, in Douglas County, Nevada, is designated as [Genoa Fort] Mormon Station Historical State Monument and is placed under the jurisdiction of the [system] division as a state park, when it is determined by the administrator that title to the land occupied by the Genoa fort and stockade is in the State of Nevada.
Sec. 69. NRS 407.150 is hereby amended to read as follows:
407.150 Fort Churchill and the land upon which it is located in Lyon County, Nevada, is designated as Fort Churchill Historical State Monument and is placed under the jurisdiction of the [system] division as a state park.
κ1977 Statutes of Nevada, Page 1135 (CHAPTER 529, SB 153)κ
Monument and is placed under the jurisdiction of the [system] division as a state park.
Sec. 70. NRS 407.170 is hereby amended to read as follows:
407.170 The [system] division shall protect and maintain the ichthyosaur discovery site located in Berlin Canyon, Shoshone Range, Nye County, Nevada.
Sec. 71. NRS 407.200 is hereby amended to read as follows:
407.200 1. The [system is authorized to] division may take such action as is necessary to carry NRS 407.160 to 407.200, inclusive, into effect. The administrator [shall be empowered,] may, with the advice, assistance and cooperation of the attorney general, [to] determine title to the land occupied by the ichthyosaur discovery site, and [to] take any action which is necessary for the preservation of the ichthyosaur site, and the permanent protection of the site and the objects on the site for the benefit of the people of the State of Nevada.
2. The [system is authorized to] division may receive and expend [moneys] money from the State of Nevada and [to] receive and expend [moneys] money from any other public or private institution or [individual] person in order to carry out its purposes.
3. The [system is authorized to] division may employ a park custodian to supervise the care and protection of the ichthyosaur discovery site and [to] employ such other employees and consultants as, in the judgment of the administrator, may be necessary to carry out the purposes of NRS 407.160 to 407.200, inclusive.
4. The administrator [is authorized,] may, subject to the approval of the [governor, to] director, appoint an advisory board consisting of recognized paleontologists from within or without the State of Nevada to assist him in carrying out his functions and purposes.
5. When title to the land occupied by the ichthyosaur discovery site is determined to be in the State of Nevada, or is obtained in the name of the State of Nevada, the administrator shall cause a description of such site to be recorded with the county recorder of Nye County, Nevada, and upon such recordation the land so described shall be, by proclamation of the governor, set apart for all time as an historical monument and state park under the jurisdiction of the [system.] division.
Sec. 72. NRS 407.205 is hereby amended to read as follows:
407.205 1. The [system] division shall prepare and maintain a comprehensive statewide outdoor recreation plan. The plan shall contain:
(a) An evaluation of the demand for and supply of outdoor recreation resources and facilities in the state;
(b) A program for the implementation of the plan; and
(c) Other necessary information, as may be determined by the administrator.
2. The plan shall:
(a) Take into account relevant federal resources and programs; and
(b) Be correlated so far as practicable with other state, regional and local plans.
3. The [system through the state department of conservation and natural resources] administrator, subject to the approval of the director, may represent and act for the state in dealing with the Federal Government or any of its agencies, instrumentalities or officers for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects pursuant to the provisions of federal law.
κ1977 Statutes of Nevada, Page 1136 (CHAPTER 529, SB 153)κ
may represent and act for the state in dealing with the Federal Government or any of its agencies, instrumentalities or officers for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects pursuant to the provisions of federal law. When an outdoor recreation project is combined with an historic preservation project the director or his designee is responsible for representing and acting for the state in dealing with the Federal Government.
4. The administrator, [through] subject to the approval of the director, [of the state department of conservation and natural resources,] may accept, administer and disburse to other state agencies and political subdivisions [funds] money paid by the Federal Government to the State of Nevada as financial assistance for planning, acquisition or development of outdoor recreation projects, and the administrator shall, on behalf of the state, keep such records as the Federal Government prescribes and as will facilitate an effective audit, including records which fully disclose:
(a) The amount and the disposition by the state of the proceeds of such assistance;
(b) The total cost of the project or undertaking in connection with such assistance as given or used; and
(c) The amount and nature of that portion of the cost of the project or undertaking supplied by other sources.
5. Authorized representatives of the Federal Government shall have access for the purpose of audit and examination to any books, documents, papers and records of the state that are pertinent to financial assistance received by the state pursuant to federal law for planning, acquisition or development of outdoor recreation projects.
Sec. 73. NRS 407.207 is hereby amended to read as follows:
407.207 The [system through the state department of conservation and natural resources] administrator, subject to the approval of the director, may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation. In connection with obtaining the benefits of any such program, the [system] division shall coordinate its activities with and represent the interest of all other agencies and political subdivisions of the state having interests in the planning, development and maintenance of outdoor recreation resources and facilities.
Sec. 74. NRS 407.209 is hereby amended to read as follows:
407.209 The [system through the state department of conservation and natural resources] administrator, subject to the approval of the director, shall make no commitment, nor shall [it] he enter into any agreement pursuant to NRS 407.205 to 407.209, inclusive, until [it] he has determined that sufficient funds are available to [it] the division for meeting the states share, if any, of project costs. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under NRS 407.205 to 407.209, inclusive, such areas and facilities shall be publicly maintained for outdoor recreation purposes. The [system through the department] administrator, subject to the approval of the director, may enter into and