[Rev. 2/28/2019 12:29:21 PM]
LAWS OF THE
STATE OF NEVADA
κ1979
Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SIXTIETH
SESSION OF THE LEGISLATURE
1979
________
CHAPTER 1, SB 2
Senate Bill No. 2Senator
Dodge
CHAPTER 1
AN ACT relating to taxation; extending the
period of time during which county boards of equalization conduct business;
preserving the validity of assessment and collection of taxes under certain
circumstances; and providing other matters properly relating thereto.
[Approved January 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
361.330 is hereby amended to read as follows:
361.330 [All
acts required by NRS 361.315 to 361.325, inclusive, between the assessment and
the collection of the taxes or commencement of suit shall be made directory
merely; and no assessment, or act relating to assessment, or collection of
taxes shall be illegal on account of informality or because the same was not
completed within the time required by law.] No assessment of property is invalid, and no collection of
taxes may be enjoined, restrained or ordered to be refunded, on account of any
failure:
1. To do any act required
by NRS 361.315 to 361.325, inclusive; or
2. To do any act
required by this chapter within the time so required, if notice and an
opportunity to be heard were afforded generally to the class of taxpayers
affected by the act required to be done.
Sec. 2. NRS
361.340 is hereby amended to read as follows:
361.340 1. Except as
provided in subsection 2, the board of equalization of each county shall
consist of:
(a) Five members, only two of whom may be
elected public officers, in counties having a population of 10,000 or more; and
(b) Three members, only one of 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.
κ1979
Statutes of Nevada, Page 2 (CHAPTER 1, SB 2)κ
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] The nominees shall be appointed upon a majority vote of
the board of county commissioners. The chairman of the board of county
commissioners shall designate one of the appointees to serve as chairman of the
county board of equalization.
4. Except as otherwise provided in this
subsection, the term of each member is 4 years and any vacancy [shall] must
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.]
5. The county clerk shall be the clerk of
the county board of equalization.
6. Any member of the county board of
equalization may be removed by the board of county commissioners if, in its
opinion, [such] the member is guilty of malfeasance in office or
neglect of duty.
7. The members of the county board of
equalization are entitled to receive per diem allowance and travel expenses as
provided by law.
8. A majority of the members of the
county board of equalization [is sufficient to
constitute] constitutes a quorum,
and a majority of the board [shall determine]
determines the action of the board.
9. The county board of equalization of
each county shall meet during 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] 31st day
of January of each year. The state board of equalization 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.
10. The county assessor or his deputy
shall attend all meetings of the county board of equalization.
Sec. 3. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 3κ
CHAPTER 2, SB 1
Senate Bill No.
1Committee on Finance
CHAPTER 2
AN ACT making an appropriation from the state general
fund to the legislative fund.
[Approved January 18, 1979]
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
existing pursuant to the provisions of NRS 218.085 the sum of $1,000,000.
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 3, SB 33
Senate Bill No. 33Committee
on Government Affairs
CHAPTER 3
AN ACT authorizing the Washoe County
School District to issue general obligation bonds in an aggregate principal
amount of not more than $36,000,000 to improve school facilities; validating,
ratifying, approving and confirming acts and proceedings taken in connection
with such issuance; and providing other matters properly relating thereto.
[Approved January 18, 1979]
Whereas, The
board of Trustees of the Washoe County School District, in Washoe County, State
of Nevada (sometimes designated in this act as the board, the district, and
the county, respectively), submitted to the qualified electors of the
district at a special school district election held at the same time as and
consolidated with the general election held in the county on Tuesday, the 7th
day of November, 1978, a question authorizing the district to incur an
indebtedness by the issuance of its negotiable, coupon, general obligation
bonds, in the maximum principal amount of $36,000,000 (sometimes designated in
this act as the bonds) for the purpose of improving the districts school
facilities by constructing and purchasing new school buildings, acquiring school
building sites and additional real property for necessary school purposes,
enlarging, remodeling or repairing existing school buildings, and purchasing
necessary school equipment therefor, the bonds to bear interest at a rate or
rates of not exceeding 8 percent per annum, to mature serially within not to
exceed 25 years from the date or respective dates of their issue, and to be issued
and sold at, above or below par at an effective interest rate (including any
sale discount) not exceeding 8 percent per annum to maturity, and otherwise in
such manner, upon such terms and conditions, and with such other details as the
board may determine, including at its option, but not necessarily limited to,
provisions for the redemption of the bonds before maturity at the districts
option without or with the payment of a premium (sometimes designated in this
act as the proposal); and
κ1979
Statutes of Nevada, Page 4 (CHAPTER 3, SB 33)κ
Whereas, The
proposal was approved by a majority of the qualified electors of the district
voting thereon; and
Whereas, Certain
legal questions may exist concerning possible irregularities in connection with
the submission of the proposal and otherwise; and
Whereas, It
is declared, as a matter of legislative determination, that it is in the public
interest to remove any legal impediments to the issuance of the bonds caused by
such possible irregularities; now, therefore,
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. The
district, in addition to the powers elsewhere conferred upon it, is by this act
authorized and empowered, without the necessity of another election or other or
further preliminaries, to issue the bonds, in one series or more, in the
aggregate principal amount of $36,000,000 and otherwise as provided in the
proposal.
Sec. 2. All
acts and proceedings heretofore had or taken, or purportedly had or taken, by
or on behalf of the district or the county under law or color of law
preliminary to and in the authorization, execution, sale, issuance and payment
(or any combination thereof) of any or all of the bonds are hereby validated,
ratified, approved and confirmed. This act operates to supply such legislative
authority as may be necessary to validate any such acts and proceedings
heretofore taken which the legislature could have supplied or provided for in
the law under which such acts or proceedings were taken.
Sec. 3. The
powers conferred by this act are in addition and supplemental to, and the limitations
imposed by this act do not affect, the powers conferred by any other law,
general or special; and the bonds may be issued under this act without regard
to the procedure required by any other such law except as otherwise provided in
this act or in the Local Government Securities Law (except to the extent of any
conflict of any provision therein with this act). Insofar as the provisions of
this act are inconsistent with the provisions of any other law, general or
special, the provisions of this act are controlling.
Sec. 4. This
act being necessary to secure and preserve the public health, safety,
convenience and general welfare, the rule of strict construction has no
application hereto, and it shall be liberally construed to effect the purposes
and objects for which this act is intended.
Sec. 5. The
exercise of any power authorized in this act has been determined and is hereby
declared to effect a public purpose.
Sec. 6. If
any provision of this act or the application thereof to any person, thing or
circumstance is held invalid, such invalidity shall not affect the provisions
or application of this act that can be given effect without the invalid
provision or application, and to this end the provisions of this act are
declared to be severable.
Sec. 7. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 5κ
CHAPTER 4, AB 653
Assembly Bill No.
653Assemblyman Rhoads
CHAPTER 4
AN ACT relating to the state legislature;
establishing the legislative committee for the review of federal regulations;
prescribing its powers and duties; and providing other matters properly
relating thereto.
[Approved January 25, 1979]
[Vetoed of the 59th Session]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
218 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 8, inclusive, of this act.
Sec. 2. The legislature finds and declares that the State of Nevada
and its citizens are subjected to federal regulations which sometimes are
unreasonable, arbitrary, beyond the intent of the Congress or the scope of the
authority of the agency adopting them and that as a result certain federal
regulations should be subjected to legislative review and comment, and
judicially tested where appropriate, to protect the rights and interests of the
State of Nevada and its citizens.
Sec. 3. As used in sections 3 to 8, inclusive, of this act,
committee means the legislative committee for the review of federal
regulations.
Sec. 4. 1. There
is hereby established a legislative committee for the review of federal
regulations consisting of four members. The chairman of the legislative
commission shall designate two senators and two assemblymen as members of the
committee.
2. The members of
the committee shall elect a chairman who shall be an assemblyman in
odd-numbered years and a senator in even-numbered years. If a vacancy occurs on
the committee, the chairman of the legislative commission shall appoint a new
member from the same house as the committee member whose position is vacant.
Sec. 5. 1. The
members of the committee shall meet throughout each year at such times and at
such places as shall be specified by a call of the chairman or a majority of
the committee. The director of the legislative counsel bureau shall act as the
nonvoting recording secretary. The committee shall prescribe regulations for
its own management and government. Three members of the committee constitute a
quorum, and a quorum may exercise all the power and authority conferred on the
committee.
2. The members of
the committee are entitled to receive a salary of $40, a per diem allowance of
$40 and the travel expenses provided by law for each day of attendance at a
meeting of the committee and while engaged in the business of the committee.
Sec. 6. 1. The committee may:
(a) Review and comment on
any administrative policy, rule or regulation of the Secretary of the Interior
which pertains to policy concerning or management of public lands under the
control of the Federal Government;
(b) Conduct investigations
and hold hearings in connection with its review,
including but not limited to investigating the effect on the state, its
citizens, political subdivisions, businesses and industries of such policies,
rules, regulations and related laws;
κ1979
Statutes of Nevada, Page 6 (CHAPTER 4, AB 653)κ
review, including but not limited to
investigating the effect on the state, its citizens, political subdivisions,
businesses and industries of such policies, rules, regulations and related
laws;
(c) Consult with and
advise the state land use planning agency on matters concerning federal land
use, policies and activities in this state.
(d) Direct the
legislative counsel bureau to assist in its research, investigations, review
and comment; and
(e) Recommend to the
legislature as a result of its review any appropriate state legislation or
corrective federal legislation.
2. Any reference
in this section to federal policies, rules, regulations and related federal
laws includes those which are proposed as well as those which are enacted or
adopted.
Sec. 7. 1. In conducting the investigations and hearings
of the committee:
(a) The secretary of the
committee, or in his absence any member of the committee, may administer oaths.
(b) The secretary or
chairman of the committee may cause the deposition of witnesses, residing
either within or without the state, to be taken in the manner prescribed by
rule of court for taking depositions in civil actions in the district courts.
(c) The secretary or
chairman of the committee 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 chairman of the committee 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 committee 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 committee 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 committee.
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 committee. 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 committee, the court
shall enter an order that the witness appear before the committee 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. Each witness who appears before the committee by its order,
except a state officer or employee, is entitled to receive for his attendance
the fees and mileage provided for witnesses in civil cases in the courts of
record of this state. The fees and mileage shall be audited and paid upon the presentation of proper claims sworn to by the witness and
approved by the secretary and chairman of the committee.
κ1979
Statutes of Nevada, Page 7 (CHAPTER 4, AB 653)κ
the presentation of proper claims
sworn to by the witness and approved by the secretary and chairman of the
committee.
Sec. 9. This
act shall become effective upon passage and approval.
________
CHAPTER 5, AB 104
Assembly Bill No.
104Committee on Ways and Means
CHAPTER 5
AN ACT relating to alternative methods of
budgeting; requiring as an experiment that certain agencies submit to the
legislative finance committees their proposed budgets for the next fiscal year
containing specified, detailed justifications therefor; and providing other
matters properly relating thereto.
[Approved February 9, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. The
bureau of preventive medical and community health services of the health
division of the department of human resources, the personnel division of the
department of administration and the chancellors office of the University of
Nevada shall, on or before March 15, 1979, submit to the finance committee of
the senate and the ways and means committee of the assembly their respective,
proposed budgets for 19791980 and 19801981, which must contain all of the following:
1. A statement of the objectives and
programs of the department.
2. An evaluation of the effectiveness of
these objectives and programs and whether or not the stated goals are being
realized.
3. A ranking of the objectives and
programs in order of priority.
4. The minimum amount of money required
to accomplish the stated objectives and programs.
5. The minimum amount of money required
for each objective and program.
6. The minimum level, the current level
and the requested level of spending which the department has determined is
necessary for each objective and program.
7. A statement of the methods used to
determine the priority of, and the amount of money needed for, each objective
and program.
8. A description of the resources and
liabilities of the department.
9. A list of the sources from which the
department receives its revenues, and the relative amounts from each source.
These budgets are in addition to the regular budgets which
must also be prepared by the three agencies.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 8κ
CHAPTER 6, AB 73
Assembly Bill No.
73Assemblymen Hayes, Glover, Jeffrey, Barengo and Horn
CHAPTER 6
AN ACT relating to transportation; providing
that the procedures for obtaining an injunction suspending or staying an order
of the public service commission of Nevada are exclusive; and providing other
matters properly relating thereto.
[Approved February 9, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
706.711 is hereby amended to read as follows:
706.711 1. [No injunction shall issue suspending or staying any
order of the commission relating to rates, fares, charges, schedules, tariffs,
classification, joint rate or rates, or any order fixing any regulations,
except upon application to the court or judge thereof, upon notice given the
commission within 20 days of the rendition of the order of the commission
complained of, and no such injunction shall issue except upon such notice being
first given and a hearing of the petition therefor by the court or judge
thereof within 20 days thereafter.] A
court of competent jurisdiction may issue an injunction suspending or staying
any order of the commission relating to rates, fares, tolls, charges, schedules,
tariffs, classification, joint rate or rates, or any order fixing any
regulations, practices or services only if:
(a) The applicant has
first given notice to the commission within 20 days after the rendition of the
order of the commission complained of; and
(b) The court has held a
hearing of the petition within 20 days after the notice to the commission was
given.
In any event [all rates,
charges and regulations] the decision
of the commission on each matter considered shall
be deemed reasonable and just until set aside by the court, and in all actions
for injunction or otherwise the burden of proof shall be upon the party
attacking or resisting the order of the commission to show by clear and
satisfactory evidence that the order is unlawful, or unreasonable, as the case
may be.
2. If an injunction is granted by the
court and the order complained of is one which permanently suspends a schedule
of rates and charges or a part thereof filed by any motor carrier pursuant to
NRS 706.316 to 706.346 , inclusive, or which otherwise prevents such a schedule
or part thereof from taking effect, the motor carrier complaining may keep in
effect or cause to be put into effect, as the case may be, the suspended
schedule or part thereof pending final determination by the court having
jurisdiction, by filing a bond with the court in such amount as the court may
fix, conditioned upon the refund to persons entitled thereto of the amount of
the excess if the rate or rates so suspended are finally determined by the
court to be excessive.
3. Upon the final determination of the
court that the rate or rates in question are excessive and the motor carrier
has collected such excessive rate or rates, [such]
the motor carrier shall compute and pay the
excess or overpayment of the rate or rates as to each person within 120 days
from and after the entry of final judgment of the court.
κ1979
Statutes of Nevada, Page 9 (CHAPTER 6, AB 73)κ
4. Within 150 days after the entry of
final judgment, the motor carrier shall prepare and file with the commission a
statement and report in affidavit form stating that all persons entitled to
refunds have been paid, and if there are persons to whom payment has not or
cannot be made, the names, addresses and individual amounts of refund shall be
listed in such report, and the motor carrier shall pay the aggregate of all
such unpaid refunds to the commission.
5. The commission shall retain such
aggregate refunds subject to the claim of each person for his or its share in
the refund payment and shall pay all such claims which are presented for
payment within 2 years from and after the date of the entry of final judgment
of the court. All such claimants shall be required to identify themselves to
the satisfaction of the commission before payment shall be made.
6. Any person [shall
have] has a right of action against
the commission in the event of a refusal of the commission to pay his or its claim
if the name of such person appears in the report filed by the motor carrier.
Action against the commission must be brought within 6 months from and after
the refusal to pay the claim.
7. The commission shall investigate every
case in which a claim is presented to it by a person claiming a refund but
whose name does not appear in the report of the motor carrier, and if [such] the
investigation results in a refusal by the motor carrier to pay such claim, then
the claimant [shall have] has a right of action against the motor carrier.
8. Any unclaimed [moneys]
money remaining in the custody of the commission
at the expiration of the 2-year period [shall]
escheat to the state.
________
CHAPTER 7, AB 10
Assembly Bill No.
10Assemblyman Harmon
CHAPTER 7
AN ACT relating to county recorders;
authorizing the alternative use of electronic methods of indexing; and
providing other matters properly relating thereto.
[Approved February 14, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
247.150 is hereby amended to read as follows:
247.150 1. Each county
recorder shall keep two separate indexes for each separate book or series of
books maintained in his office for the separate alphabetical
recordation of the various classes of instruments [alphabetically]
specified in NRS 247.120. One of the indexes [shall]
must be for the grantors, defendants, mortgagors,
trustors, lessors, vendors, assignors, appointors, parties releasing, judgment
debtors, testators, obligors under bonds, parties against whom liens are
claimed or attachments issued, mining locators, name of mine, persons filing or
parties adversely affected by the document indexed, and the other [of such indexes shall]
index must be for the grantees, plaintiffs, mortgages, beneficiaries, lessees,
vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens
and similar encumbrances are released or the parties benefitted by the document
indexed.
κ1979
Statutes of Nevada, Page 10 (CHAPTER 7, AB 10)κ
indexes shall] index must be for the grantees, plaintiffs, mortgages,
beneficiaries, lessees, vendees, assignees, appointees, parties whose
mortgages, deeds of trust, liens and similar encumbrances are released or the
parties benefitted by the document indexed.
2. Each of the indexes [shall] must
be so arranged as to show:
(a) The names of each of the parties to every
instrument, except as provided in subsection 5.
(b) The date [when
such] on which the instrument was
filed in the office of the county recorder.
(c) The book and page where [such] the
instrument is recorded, or the file number and file where [such] the
instrument may be filed.
(d) Such other data as in the discretion of the
county recorder may seem desirable.
[In the event] If the index [shall be of]
is one general series of books for all
instruments recorded, it [shall] must also show the character of the instrument indexed.
3. The county recorder may keep in the
same volume any two or more of the indexes provided for in this section, but
the [several] indexes must be kept
distinct from each other. Every volume of indexes must be distinctly marked on
the outside in such a way as to show all of the indexes kept [therein.] in it.
4. The first column of the several
indexes for parties adversely affected and parties benefited must be arranged
in alphabetical order.
5. When a conveyance is executed by a
sheriff, the name of the sheriff and the party charged in the execution must both
be inserted in the indexes. [, and when] When
an instrument is recorded or filed to which an executor, administrator,
guardian or trustee is a party, the name of [such]
the executor, administrator, guardian or trustee,
together with the name of the testator, intestate, or ward, or party for whom
the trust is held, must be inserted in the index, except that the name of the
trustee in a deed of trust or in a partial or full deed of reconveyance need
not be indexed. A trustees deed given upon exercise of the power of sale under
any deed of trust [shall] must be indexed under the names of the original trustor
and the grantee named [therein.] in it.
6. In addition to the indexes [above provided for,] required by this section, the county recorder shall
also keep and maintain [such] other
indexes [as may from time to time be]
required in the performance of his official duties.
7. Every instrument filed in the office
of any county recorder for record or filed, but not for recordation, must be
alphabetically indexed in the indexes [so]
provided for each separate book or set of books or file, under the names of
each party adversely affected by the document [so
indexed, and also] and under the
names of each party benefited by the document so indexed.
[, in the index provided for that purpose.]
8. As an alternative to the method of
indexing prescribed by this section, the county recorder may, with the
permission of the board of county commissioners, use in place of the index
books or volumes [card] :
(a) Card indexes with a metal-reinforced hole punched [therein] in them for rod insertion, and [such] the card indexes [shall]
must be kept in suitable metal file cabinets.
κ1979
Statutes of Nevada, Page 11 (CHAPTER 7, AB 10)κ
them for rod insertion, and [such] the
card indexes [shall] must be kept in suitable metal file cabinets.
(b) A secure electronic
method of indexing, including without limitation microfilm produced by computer
or a system using computer terminals.
________
CHAPTER 8, SB 43
Senate Bill No.
43Committee on Government Affairs
CHAPTER 8
AN ACT relating to depositories of public
money; requiring approval of the state board of finance and review by the state
controller respecting certain accounts maintained by state agencies; and
providing other matters properly relating thereto.
[Approved February 14, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
356 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. A state agency
which opens an account in a bank or savings and loan association must first
obtain the approval of the state board of finance, except in cases where the
account is specifically authorized by statute.
2. The titles of
the accounts must indicate that the account is in the name of the State of
Nevada.
3. The state
treasurer shall keep a list of all state accounts in banks or savings and loan
associations, whether they are maintained within or outside the state. The list
must contain:
(a) The names of those
financial institutions with which state agencies have accounts, and the names
of those agencies.
(b) The names of those
state agencies which have accounts with banks and savings and loan
associations, and the names of those financial institutions.
4. Each state agency shall send to the state
controller at the end of each fiscal year a copy of the statement of account
for each account it maintains with a bank or savings and loan association, and
other related documents which reconcile the account to the agencys books.
Sec. 2. NRS
356.005 is hereby amended to read as follows:
356.005 The state, a local government or
an agency of either, if specifically authorized by
statute or a state agency if approved by the state board of finance, may
deposit public [funds] money in any insured state or national bank, or in any
insured savings and loan association which is a stock company and not a mutual
association.
Sec. 3. NRS
356.105 is hereby amended to read as follows:
356.105 The provisions of NRS 356.010 to
356.100, inclusive, [shall not be construed to]
and section 1 of this act, do not require any
depository to accept state deposits.
κ1979
Statutes of Nevada, Page 12 (CHAPTER 8, SB 43)κ
Sec. 4. NRS
356.110 is hereby amended to read as follows:
356.110 Every state officer or [official] employee
who willfully [shall violate any] violates:
1. Section 1 of
this act is guilty of a misdemeanor.
2. Any of
the other provisions of NRS 356.010 to 356.100,
inclusive, [shall be] is guilty of malfeasance in office, and upon conviction
thereof shall be punished by imprisonment in the state prison for not less than
1 year nor more than 10 years or by a fine of not more than $5,000, or by both
fine and imprisonment.
Sec. 5. Each
state agency which has an account with a bank or savings and loan association
which is not specifically authorized by statute shall, within 90 days after
July 1, 1979, obtain the approval of the state board of finance before it may
continue to use the account.
Sec. 6. Each
state agency which has an account with a bank or savings and loan association
shall within 90 days after July 1, 1979, report to the state treasurer the
account number, title and location of each such account which it has.
________
CHAPTER 9, SB 16
Senate Bill No.
16Senator Jacobsen
CHAPTER 9
AN ACT relating to the Marlette Lake water
system; transferring the responsibility for determining water rates;
redesignating a fund; and providing other matters properly relating thereto.
[Approved February 14, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake
water system, composed of the water rights, easements, pipelines, flumes and
other fixtures and appurtenances used in connection with the collection, transmission
and storage of water in Carson City and Washoe and Storey Counties, Nevada,
acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake
water system are:
(a) To provide adequate supplies of water to the
areas served.
(b) To maintain distribution lines, flumes,
dams, culverts, bridges and all other appurtenances of the system in a
condition calculated to assure dependable supplies of water.
(c) To sell water under equitable and fiscally
sound contractual arrangements. Any such contractual arrangements [shall] must
not include the value of the land comprising the watershed as an element in
determining the cost of water sold.
3. The department of general services is
designated as the state agency to supervise and administer the functions of the
Marlette Lake water system.
κ1979
Statutes of Nevada, Page 13 (CHAPTER 9, SB 16)κ
4. The director of the department of
general services may assign the supervision and administration of the functions
of the Marlette Lake water system to one of the divisions of the department or
may establish a separate division to carry out the purposes of NRS 331.160 to
331.180, inclusive.
5. The director of the department of [administration] general
services shall:
(a) [Develop a
plan and program to improve and modernize the existing water storage and
distribution system to its full utilization.
(b)] Establish
the value of water to be distributed from the system.
[(c)] (b) Include in the water rate structure
provisions for recovery, over a reasonable period, of the major capital costs
of improving and modernizing the system.
[(d)] (c) Assure that the rate structure is equitable
for all present and potential customers.
6. Subject to the limit of [funds] money
provided by legislative appropriation or [expenditures]
revenues whose expenditure is authorized [pursuant to the provisions of chapter 353 of NRS, or
both,] by law, the chief of the division
shall employ necessary staff to carry out the provisions of NRS 331.160 to
331.180, inclusive.
Sec. 2. NRS
331.180 is hereby amended to read as follows:
331.180 1. The Marlette Lake
water system [working capital] fund
is hereby created [in the state treasury. Such
fund shall] as an enterprise fund. Money
in the fund may not revert to the state
general fund [nor shall it] or be
transferred [.] to any other fund.
2. The Marlette Lake water system [working capital] fund [shall] must
be used for the:
(a) Deposit of revenue resulting from the sale
of water and any other receipts.
(b) Payment of costs of operation in accordance
with the provisions of chapter 353 of NRS.
[3. At the
end of each fiscal year, the state controller is directed to transfer the
difference between revenue received and costs of operation paid out during the
fiscal year to the consolidated bond interest and redemption fund to reduce the
ad valorem tax necessary for amortization of and payment of interest on the
general obligation bonds of the State of Nevada issued to acquire the Marlette
Lake water system. When such bond principal and interest have been fully paid
any excess of revenue over costs of operation shall be transferred by the state
controller to the general fund in the state treasury at the close of business
at the end of each fiscal year.]
________
κ1979
Statutes of Nevada, Page 14κ
CHAPTER 10, SB 8
Senate Bill No.
8Committee on Judiciary
CHAPTER 10
AN ACT relating to coroners; clarifying
that provisions governing certain duties of coroners apply in all counties of
the state; and providing other matters properly relating thereto.
[Approved February 16, 1979]
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 inventory, in the presence
of at least one other person, any money or property which may have been found
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 [,]
fails to pay or deliver such money or property to the county treasurer, the
county treasurer may recover 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.
Sec. 2. NRS
259.180 is hereby amended to read as follows:
259.180 After the inquest, if no one
takes charge of the body, the [justice of the
peace] coroner shall cause [the same] it
to be decently buried. The expenses of the burial [shall]
must be paid from the money deposited with the
county treasurer or the estate of the deceased, as the case may be. If the
deceased has no money or estate, or the money or estate of the deceased is
insufficient to bear the entire cost of the burial, the county in which the deceased
is buried shall bear the cost of the burial in excess of any money or estate
available.
Sec. 3. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 15κ
CHAPTER 11, SB 44
Senate Bill No.
44Committee on Government Affairs
CHAPTER 11
AN ACT relating to state financial administration;
changing the designation of certain funds; and providing other matters properly
relating thereto.
[Approved February 16, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
353.273 is hereby amended to read as follows:
353.273 1. There is hereby
created in the state treasury an insurance premium [revolving]
trust fund to be maintained for the use of the
budget division of the department of administration.
2. Each state agency shall deposit in the
insurance premium [revolving] trust fund an amount equal to its respective insurance
premium, as determined by the budget division.
3. Expenditures from the insurance
premium [revolving fund shall] trust fund must be made by the budget division of the
department of administration to the insurer for premiums of state agencies as
they [fall] become
due.
Sec. 2. NRS
353.275 is hereby amended to read as follows:
353.275 1. [From time to time as may be necessary, insurance
recovery funds] Insurance recovery
accounts in the insurance premium trust fund may be [created in the state treasury. All moneys,]
established from time to time as may be necessary. All
money, except as provided in subsection 4, received from insurance
companies in payment of losses incurred upon buildings and other property
belonging to the state [shall] must be deposited in [such
funds.] the accounts.
2. [Moneys
in] Money in the insurance recovery
[funds] accounts
may be expended by the board, commission or officer having control or
management of the buildings or other property injured or destroyed. [Moneys in such funds] Money in the accounts may be expended only for the
repair, replacement or reconstruction of buildings or other property injured or
destroyed, and the [moneys shall] money must be paid out on claims as other claims
against the state are paid.
3. Any unexpended portions remaining in [such] the
insurance recovery [funds] accounts on a date 3 years after the creation of [such funds] the
accounts shall revert to the state general
fund.
4. The provisions of this section do not
apply to [moneys] money received from insurance companies in payment of
losses incurred upon buildings and other property controlled and administered
by the department of highways of the State of Nevada. [Such
moneys shall] That money must be
deposited in the state highway fund.
________
κ1979
Statutes of Nevada, Page 16κ
CHAPTER 12, SB 121
Senate Bill No.
121Senator Gibson
CHAPTER 12
AN ACT to amend an act entitled An Act
incorporating the City of Henderson, in Clark County, Nevada, and defining the
boundaries thereof, under a new charter; and providing other matters properly
relating thereto, approved April 13, 1971, as amended.
[Approved February 22, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
5.010 of the above-entitled act, being chapter 266, Statutes of Nevada 1971, at
page 415, is hereby amended to read as follows:
Sec. 5.010 Primary
election.
1. A primary election
shall be held on the [1st Tuesday of]
Tuesday after the first Monday in May of each
odd-numbered year, at which time there shall be nominated candidates for
offices to be voted for at the next general municipal election.
2. A candidate
for any office to be voted for at any primary municipal election shall file a
declaration or acceptance of candidacy as provided by Nevada election laws.
3. A candidate
for mayor, councilman, municipal judge or any other office not otherwise
provided for by law shall pay to the clerk, at the time of filing the affidavit
of candidacy, the filing fee in the amount fixed by the city council.
4. All
candidates for elective office shall be voted upon by the registered voters of
the city at large.
5. If in the
primary election no candidate receives a majority of votes cast in that
election for the office for which he is a candidate, the names of the two
candidates receiving the highest number of votes shall be placed on the ballot
for the general election. If in the primary election, regardless of the number
of candidates for an office, one candidate receives a majority of votes cast in
that election for the office for which he is a candidate, he shall be declared
elected and no general election need be held for that office.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 17κ
CHAPTER 13, AB 166
Assembly Bill No.
166Assemblymen Jeffrey and Sena
CHAPTER 13
AN ACT to amend an act entitled, An Act
relating to trusts for the furtherance of public functions; repealing the
provisions of chapter 242B of NRS for their creation; adding similar provisions
to the charter of the City of Henderson; preserving existing and certain potential
rights and liabilities; and providing other matters properly relating thereto,
approved May 26, 1975.
[Approved February 22, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
6 of the above-entitled act, being chapter 694, Statutes of Nevada 1975, at
page 1412, is hereby amended to read as follows:
Sec. 6. 1. Any application for
the establishment of a project by a trust which became effective prior to April
10, 1975, to be financed by the issuance of securities pursuant to the former
provisions of chapter 242B of NRS which was received by the intended beneficiary
on or before April 10, 1975, may be accepted at any time, the details of the
project may be modified after the acceptance of the application, and the
beneficial interest may be accepted by the beneficiary as proposed or modified,
to the same extent as if this act had not been passed.
2. Any
securities necessary for the acquisition of any property appropriate for the
furtherance of a public function by a trust which became effective prior to
April 10, 1975, with respect to which the beneficiary has accepted the
beneficial interest prior to the effective date of this act or pursuant to
subsection 1 may be issued at any time thereafter and are valid and enforceable
to the same extent as if this act had not been passed. Any [such] other
securities which are issued on or after the effective date of this act by any
trust of which the City of Henderson is a beneficiary shall be issued in
compliance with the provisions of the city charter relating to such trusts.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 18κ
CHAPTER 14, SB 61
Senate Bill No.
61Committee on Government Affairs
CHAPTER 14
AN ACT to amend the title of and to amend
An Act relating to certain water services and facilities and electric
properties complementary thereto; supplementing chapter 268, Statutes of Nevada
1967; authorizing the acquisition of certain water service facilities,
properties appurtenant thereto and electric works, properties and appurtenances
complementary thereto, and the issuance of bonds and other securities by the
State of Nevada, acting by and through the division of Colorado River resources
of the state department of conservation and natural resources; relating to the
construction, other acquisition, equipment, operation, maintenance, improvement
and disposal of properties appertaining to such facilities and properties;
otherwise concerning such securities, facilities and properties, and revenues,
taxes, pledges and liens pertaining thereto by reference to the State
Securities Law; and providing other matters properly relating thereto,
approved May 17, 1975, as amended.
[Approved February 22, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
7 of the above-entitled act, being chapter 482, Statutes of Nevada 1975, as
amended by chapter 397, Statutes of Nevada 1977, at page 764, is hereby amended
to read as follows:
Sec. 7. 1. The
division, on the behalf and in the name of the state, acting by order of the
administrator of the division, may:
(a) Acquire, hold, improve and equip the
facilities;
(b) Acquire, hold, improve, equip and dispose of
properties appertaining to the facilities, including without limitation water
and water rights, for the benefit and welfare of the people of the state;
(c) Acquire, improve and equip the facilities
and electric properties, wholly or in part, directly by construction contract
or indirectly by contract with the Federal Government, or otherwise, or any
combination thereof, as the division may from time to time determine;
(d) Borrow money and otherwise become obligated
in a total principal amount of not exceeding [$55,000,000]
$63,000,000 to defray wholly or in part the cost
of acquiring, improving and equipping the state facilities, and issue state
securities to evidence such obligations;
(e) Borrow money and otherwise become obligated
in a total principal amount of not exceeding $192,500,000 to defray wholly or
in part the cost of acquiring, improving and equipping the federal facilities,
and issue state securities to evidence such obligations; and
(f) Borrow money and otherwise become obligated
in a total principal amount not exceeding $5,000,000 to provide funds to defray
wholly or in part the cost of acquiring, reconductoring and otherwise improving
and equipping electric properties to complement the facilities, and issue state
securities to evidence such obligations.
2. The power to issue securities
hereunder in a total principal amount of not more than $192,500,000 under
paragraph (e) of subsection 1 of this section, shall decrease to the extent,
for the acquisition of the federal facilities, Congress by federal act appropriates
funds, the Office of Management and Budget apportions funds, the Bureau of
Reclamations allots funds, the Federal Government is
obligated to pay earnings under contract for the construction and other
acquisition of the federal facilities, or any part thereof, and the state is
obligated by contract with the Federal Government to pay to it sums equal to
such earnings and any incidental expenses due under such contract; but such
power to issue securities shall not be decreased because of any moneys due
under such contract from the state to the Federal Government in the nature of
interest charges to compensate it for moneys advanced by it until their
repayment by the state.
κ1979
Statutes of Nevada, Page 19 (CHAPTER 14, SB 61)κ
funds, the Federal Government is obligated to pay earnings
under contract for the construction and other acquisition of the federal
facilities, or any part thereof, and the state is obligated by contract with
the Federal Government to pay to it sums equal to such earnings and any
incidental expenses due under such contract; but such power to issue securities
shall not be decreased because of any moneys due under such contract from the
state to the Federal Government in the nature of interest charges to compensate
it for moneys advanced by it until their repayment by the state.
Sec. 2. The
title of the above-entitled act, being chapter 482, Statutes of Nevada 1975, as
amended by chapter 397, Statutes of Nevada 1977, at page 765, is hereby amended
to read as follows:
An Act relating to certain water services and facilities and electric properties
complementary thereto; supplementing chapter 268, Statutes of Nevada 1967;
authorizing the acquisition of certain water service facilities, properties
appurtenant thereto and electric works, properties and appurtenances
complementary thereto, and the issuance of bonds and other securities by the
State of Nevada, acting by and through the division of Colorado River resources
of the [state] department of [conservation and natural resources;] energy; relating to the construction, other acquisition,
equipment, operation, maintenance, improvement and disposal of properties
appertaining to such facilities and properties; otherwise concerning such securities,
facilities and properties, and revenues, taxes, pledges and liens pertaining
thereto by reference to the State Securities Law; and providing other matters
properly relating thereto.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 15, AB 9
Assembly Bill No.
9Assemblyman Harmon
CHAPTER 15
AN ACT relating to county engineers; changing their
qualifications by removing residence requirements; and providing other matters
properly relating thereto.
[Approved February 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
254.020 is hereby amended to read as follows:
254.020 The county engineer [shall:] must be:
1. [Be a]
A qualified and competent civil engineer.
2. [Be
registered] Registered as a
professional engineer by the state board of registered professional engineers.
[3. Have been a resident of the county in which he is
appointed for at least 6 months prior to the appointment.]
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 20κ
CHAPTER 16, AB 176
Assembly Bill No.
176Assemblyman Harmon
CHAPTER 16
AN ACT relating to county government;
removing requirement to mail certain county license regulations to licensees
and attorneys in the county; providing for public inspection of those
regulations; and providing other matters properly relating thereto.
[Approved February 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
244.345 is hereby amended to read as follows:
244.345 1. Every natural person, firm, association of persons or
corporation wishing to engage in the business of conducting a billiard or pool
hall, dancing hall, bowling alley, theater, softdrink establishment, gambling
game or device permitted by law, or other place of amusement, entertainment or
recreation, outside of an incorporated city or incorporated town, [shall:] must:
(a) Make application by petition to the license
board [, as provided in subsection 2,]
of the county in which [any such] the business is to be engaged in, for a county license
of the kind desired. [Such application shall]
The application must be in a form prescribed by
the regulations of the license board.
(b) File the application with the required
license fee with the county license collector, who shall present the [same] application
to the license board at its next regular meeting.
The board may refer the petition to the sheriff, who shall
report upon [the same] it at the following regular meeting of the board. The
board shall [then and there] at that meeting grant or refuse the license prayed for
or enter [such] any other order [as is]
consistent with its regulations. Except in the case of an application for a
license to conduct a gambling game or device, the sheriff may, in his
discretion, grant a temporary permit to an applicant, valid only until the next
regular meeting of the board. In unincorporated towns and cities governed under
the provisions of chapter 269 of NRS, the license board [shall
have] has the exclusive power to
license and regulate the businesses [herein set
forth.] mentioned in this subsection.
2. The board of county commissioners and
the sheriff of each county [shall]
constitute the license board, and the county clerk or other person designated
by the license board shall be the clerk thereof, in the respective counties of
this state.
3. The license board [is empowered and commissioned to act for the purposes
of this section (without] may, without
further compensation to the board or [the clerk
thereof) as a license board to:] its
clerk:
(a) Fix, impose and collect license fees upon
the businesses [herein mentioned.] mentioned in this section.
(b) Grant or deny applications for licenses and
impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating
to licenses and licensees.
(d) Restrict, revoke or suspend licenses for
cause after hearing. In an emergency the board may issue
an order for immediate suspension or limitation of a license, but the order
[shall] must state the reason for suspension or limitation and [shall] afford
the licensee a hearing.
κ1979
Statutes of Nevada, Page 21 (CHAPTER 16, AB 176)κ
emergency the board may issue an order for immediate
suspension or limitation of a license, but the order [shall]
must state the reason for suspension or
limitation and [shall] afford the
licensee a hearing.
4. The license board shall hold a hearing
before adopting proposed regulations, before adopting amendments to
regulations, and before repealing regulations relating to the control or the licensing
of the businesses mentioned in this section. Notice of [such
hearing shall] the hearing must be
published in a newspaper published in and having general circulation in the
county at least once a week for a period of 2 weeks before the hearing.
5. New regulations [shall] must
be adopted after public hearing by a vote of at least two-thirds of the members
present. Upon adoption of new regulations the board shall designate their
effective date, which [shall] may not be earlier than 15 days after their adoption.
Immediately after adoption a copy of any new regulations [shall be mailed to the address of each licensee and
each practicing attorney in the county.] must
be available for public inspection during regular business hours at the office
of the county clerk.
6. Except for the adoption of new
regulations, a majority vote of the members of the license board present [shall govern] governs
in the transaction of all business. A majority of the members [thereof shall constitute] constitutes a quorum for the transaction of business.
7. Any natural
person, firm, association of persons or corporation who [shall
engage] engages in any of the
businesses [herein] mentioned in this section without first having obtained the
license and paid the license fee [therefor as
herein provided shall be] as provided in
this section is guilty of a misdemeanor.
8. 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, the license
board shall not grant any license to a petitioner for the purpose of operating
a house of ill fame or repute or any other business employing any female for
the purpose of prostitution.
________
CHAPTER 17, SB 15
Senate Bill No.
15Committee on Government Affairs
CHAPTER 17
AN ACT relating to the state public works
board; transferring to the department of energy certain duties relating to
standards for the conservation of energy in buildings; repealing statutory
provision relating to the power of eminent domain; and providing other matters
properly relating thereto.
[Approved February 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
523 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
κ1979
Statutes of Nevada, Page 22 (CHAPTER 17, SB 15)κ
1. The department
shall establish standards for the conservation of energy by regulation for all
buildings, public and private, the construction of which is commenced on or
after July 1, 1978. The 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 the applicable federal requirements or for any other purpose in the public
interest. The regulations of the state public works board on the same subject
remain in effect until revised by the department.
2. The department
shall establish exemptions for buildings to which the standards, if applied,
would not promote conservation of energy.
3. The standards
must include provisions authorizing allowances in design and construction to
the extent solar, geothermal, wind or other renewable sources of energy are used
to supply all or a part of the requirements of a public or private building for
energy.
4. The standards
must include provisions authorizing deviations from specific criteria relating
to the design of structures where it can be demonstrated that the deviation
will not result in an increase in the annual consumption of energy of the building
to which the standards apply.
5. The standards
established pursuant to subsection 1 establish minimum requirements which must
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. The sufficiency of city and county
standards must be determined by the department.
6. The standards must be enforced by the governing body of each
county, city or town of this state. The department shall provide assistance in
enforcing the standards upon the request of a county, city or town which does
not issue building permits.
Sec. 2. NRS 341.115 and 341.260 are
hereby repealed.
________
CHAPTER 18, SB 56
Senate Bill No. 56Senator
Ford
CHAPTER 18
AN ACT relating to state publications;
extending free distribution of certain publications to libraries in the
University of Nevada System; and providing other matters properly relating
thereto.
[Approved February 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
2.345 is hereby amended to read as follows:
2.345 The following persons and agencies
are entitled to the supreme court decisions in pamphlet form without charge:
κ1979
Statutes of Nevada, Page 23 (CHAPTER 18, SB 56)κ
1. Each of the judges of the District
Court of the United States, one copy.
2. The supreme court law library, two
copies.
3. Each state officer, district judge,
district attorney, county clerk, justice of the peace and police judge in this
state, one copy.
4. Each public library in this state, one
copy.
5. Each library in
the University of Nevada System, one copy.
6. Each
newspaper published in this state, and each commercial television and radio
station transmitting in this state, one copy upon its annual request therefor.
Sec. 2. NRS 345.010 is hereby amended to
read as follows:
345.010 Upon publication of the Statutes
of Nevada, the director of the legislative counsel bureau shall distribute them
as follows:
1. To each of the judges of the District
Court of the United States for the District of Nevada, one copy.
2. To the supreme court law library, two
copies.
3. To each justice of the supreme court,
clerk of the supreme court, district judge, county clerk, district attorney,
justice of the peace and police judge in this state, one copy.
4. To each public library in this state,
one copy.
5. To each library
in the University of Nevada System, one copy.
6. To the
Nevada historical society, one copy.
[6.] 7. Upon request, to any state, county or
municipal officer.
Sec. 3. NRS
345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each
volume of Nevada Reports from the superintendent of the state printing and
records division of the department of general services, the director of the
legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District
Court of the United States for the District of Nevada, one copy.
2. The supreme court law library, two
copies.
3. To each justice of the supreme court,
clerk of the supreme court, district judge, district attorney, county clerk,
justice of the peace and police judge in this state, one copy.
4. To each public library in this state,
one copy.
5. To each library
in the University of Nevada System, one copy.
6. To the
Nevada historical society, one copy.
[6.] 7. Upon request, to any state, county or
municipal officer.
________
κ1979
Statutes of Nevada, Page 24κ
CHAPTER 19, SB 96
Senate Bill No.
96Committee on Judiciary
CHAPTER 19
AN ACT relating to the secretary of state; removing his
power to commission notaries public; and providing other matters properly
relating thereto.
[Approved February 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
240.010 is hereby amended to read as follows:
240.010 1. The secretary of
state may appoint [and commission]
notaries public in this state.
2. The secretary of state may not appoint
[and commission] as a notary public
any person who submits an application containing any substantial and material
misstatement or omission of fact.
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 20, AB 155
Assembly Bill No.
155Committee on Judiciary
CHAPTER 20
AN ACT relating to evidence; broadening the scope of
examination of adverse witnesses; and providing other matters properly relating
thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
50.115 is hereby amended to read as follows:
50.115 1. The judge shall
exercise reasonable control over the mode and order of interrogating witnesses
and presenting evidence:
(a) To make the interrogation and presentation
effective for the ascertainment of the truth;
(b) To avoid needless consumption of time; and
(c) To protect witnesses from undue harassment
or embarrassment.
2. Cross-examination is limited to the
subject matter of the direct examination and matters affecting the credibility
of the witness, unless the judge in the exercise of discretion permits inquiry
into additional matters as if on direct examination.
3. Except as provided in subsection 4:
(a) Leading questions [shall]
may not be used on the direct examination of a witness
without the permission of the court.
(b) Leading questions are permitted on
cross-examination.
4. [In
civil cases,] Except that the prosecution
may not call the accused in a criminal case, a party is entitled to
call:
(a) An adverse party; or
(b) A witness identified with an adverse party,
and interrogate by leading questions. The attorney for [such] the
adverse party may employ leading questions in
cross-examining the party or witness so called only to the extent permissible
if he had called [such] that person on direct examination.
κ1979
Statutes of Nevada, Page 25 (CHAPTER 20, AB 155)κ
party may employ leading questions in cross-examining the
party or witness so called only to the extent permissible if he had called [such] that
person on direct examination.
Sec. 2. NRS 51.375 is hereby amended to
read as follows:
51.375 1. When a hearsay statement
has been admitted in evidence, the credibility of the declarant may be attacked
or supported by any evidence which would be admissible for the purposes if the declarant had testified as a witness.
2. Evidence of a statement or conduct by
the declarant at any time, which is inconsistent
with his hearsay statement, is not subject to any requirement that he must have been afforded an opportunity to deny or
explain.
3. If the party against whom a hearsay statement has been
admitted calls the declarant as a witness, the party may examine the witness on
that statement as if the witness were under cross-examination.
________
CHAPTER 21, AB 156
Assembly Bill No.
156Committee on Judiciary
CHAPTER 21
AN ACT relating to the admissibility of
evidence; broadening cases in which inquiry may be made into specific instances
of conduct; and providing other matters properly relating thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
48.055 is hereby amended to read as follows:
48.055 1. In all cases in
which evidence of character or a trait of character of a person is admissible, proof
may be made by testimony as to reputation or in the form of an opinion. On cross-examination, inquiry may be made into specific
instances of conduct.
2. In cases in which character or a trait
of character of a person is an essential element of a charge, claim or defense,
proof [may also be made] of
specific instances of his conduct [.]
may be made on direct or cross-examination.
________
κ1979
Statutes of Nevada, Page 26κ
CHAPTER 22, SB 110
Senate Bill No.
110Committee on Judiciary
CHAPTER 22
AN ACT relating to foreign corporations;
resolving a conflict in the description of the document to be filed by such a
corporation with the secretary of state; and providing other matters properly
relating thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
80.130 is hereby amended to read as follows:
80.130 1. Each foreign
corporation coming into this state shall, within 60 days after the filing of
its [articles of incorporation] certificate of corporate existence with the secretary
of state:
(a) File a list of its officers and directors
and a designation of its resident agent, and a certificate of acceptance signed
by the resident agent designated. The address of the resident agent shall be
the same as that of the principal office.
(b) Pay to the secretary of state a fee therefor
of $20.
2. The corporation shall annually file a
list of its officers and directors and designation of resident agent and pay
the fee prescribed by law.
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 23, SB 112
Senate Bill No.
112Committee on Judiciary
CHAPTER 23
AN ACT to amend the title of an act
entitled, An Act relating to controlled substances; revising penalties for
various unlawful activities; adding certain crimes; removing age distinctions in
certain crimes; prohibiting probation and restricting parole eligibility for
certain offenders; and providing other matters properly relating thereto,
approved May 16, 1977.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. The title of the
above-entitled act, being chapter 567, Statutes of Nevada 1977, at page 1407,
is hereby amended to read as follows:
An Act relating to [controlled substances;] crimes and punishments; revising penalties [for various unlawful activities;] and other provisions in the laws regulating controlled
substances; adding certain crimes; removing age distinctions in certain
crimes; prohibiting probation and restricting parole eligibility for certain
offenders; allowing different punishments to be
specifically provided by law as exceptions to the punishments provided by the
general laws on conspiracy and obtaining property by false pretenses;
and providing other matters properly relating thereto.
________
κ1979
Statutes of Nevada, Page 27κ
CHAPTER 24, SB 113
Senate Bill No.
113Committee on Judiciary
CHAPTER 24
AN ACT to amend chapter 561, Statutes of Nevada 1977;
making a technical correction; and providing other matters properly relating
thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section 9 of chapter
561, Statutes of Nevada 1977, at page 1395, is hereby amended to read as
follows:
Sec. 9. Section
3.060 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as
last amended by chapter [666, Statutes of Nevada 1975,
at page 1318,] 98, Statutes of Nevada
1977, at page 210, is hereby amended to read as follows:
Sec. 3.060 City
attorney: Qualifications; duties; salary.
1. The city
attorney shall be a duly licensed member of the State Bar of Nevada and a
resident of the city [at the time of]
for at least 6 months before his election. He shall hold office for the term of
4 years and until his successor shall be duly elected and qualified.
2. The city
attorney shall be the legal officer of the city and shall perform such duties
as may be designated by ordinance. He shall be present at all meetings of the
city council and shall be counsel for the civil service commission. He shall
devote his full time to the duties of the office and shall not engage in the
private practice of law.
3. The city
attorney shall receive a salary as fixed by resolution of the city council.
4. The city
attorney may appoint and remove such assistants as he may require in the
discharge of the duties of his office. Such assistants shall not be civil
service employees. The council may appropriate such funds as it may deem proper
to compensate any such assistants. Such assistants shall not engage in the
private practice of law after July 1, 1977.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 28κ
CHAPTER 25, SB 115
Senate Bill No.
115Committee on Judiciary
CHAPTER 25
AN ACT relating to statutes; ratifying
technical corrections made to multiple amendments of sections of NRS;
correcting the effective date of and repealing certain provisions in Statutes
of Nevada 1977; and providing other matters properly relating thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Sections
15, 16 and 17 of chapter 148, Statutes of Nevada 1977, at pages 291 and 292,
respectively, are hereby amended to read respectively as follows:
Sec. 15. Sections
53 of chapter 430, Statutes of Nevada 1977, being Senate Bill 116 of the 59th
session of the legislature, is hereby amended to read as follows:
Sec. 53. 1. The
state board of parole commissioners, through the chief parole and probation
officer, shall establish and administer a work release program under which a
person sentenced to a term of imprisonment in a penal or correctional
institution may be granted the privilege of leaving secure custody during
necessary and reasonable hours to:
(a) Work in this state
at gainful private employment that has been approved by the state board of
parole commissioners for such purpose.
(b) Obtain in this
state additional education, including but not limited to vocational, technical
and general education.
2. The work
release program may also include, under rules developed by the chief parole and
probation officer and approved by the state board of parole commissioners,
temporary leave for the purpose of seeking employment in this state.
3. The [state board of parole commissioners] chief parole and probation officer is responsible for
the quartering and supervision of prisoners enrolled in the work release
program.
Sec. 16. Section
55 of chapter 430, Statutes of Nevada 1977, being Senate Bill 116 of the 59th
session of the legislature, is hereby amended to read as follows:
Sec. 55. 1. The
chief parole and probation officer shall administer the work release program. [In addition to the other duties assigned by the state
board of parole commissioners, the] The
chief parole and probation officer shall:
(a) Locate employment
for qualified applicants;
(b) Effect placement of
offenders under the work release program; and
(c) Generally promote
public understanding and acceptance of the work release program.
2. All state
agencies shall cooperate with the [state board of
parole commissioners] chief parole and
probation officer in carrying out this section to
such extent as is consistent with their other lawful duties.
κ1979
Statutes of Nevada, Page 29 (CHAPTER 25, SB 115)κ
in carrying out this section to
such extent as is consistent with their other lawful duties.
3. [Subject to the approval of the state board of parole
commissioners, the] The chief
parole and probation officer shall adopt rules for administering the work
release program.
Sec. 17. Section
57 of chapter 430, Statutes of Nevada 1977, being Senate Bill 116 of the 59th
session of the legislature, is hereby amended to read as follows:
Sec. 57. 1. The
[state board of parole commissioners through the]
chief parole and probation officer may contract with the governing bodies of
political subdivisions in this state for quartering in suitable local
facilities of offenders enrolled in work release programs. Each such facility
must satisfy standards established by the state board of parole commissioners
to assure secure custody of offenders quartered therein.
2. The [state board of parole commissioners] chief parole and probation officer may not enroll any
offender in the work release program unless it has been determined that
suitable facilities for quartering the offender are available in the locality
where the offender has employment or the offer of employment.
Sec. 2. Section
3 of chapter 489, Statutes of Nevada 1977, at page 1011, is hereby amended to
read as follows:
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, 177.345, 179.225,
213.153, subsection 4 of NRS 361.055 and section 8 of Senate Bill No. 68 of the
59th session of the Nevada legislature, 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. 3. Section
13 of chapter 529, Statutes of Nevada 1977, at page 1120, is hereby amended to
read as follows:
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 court and
municipal courts;
2. Sheriffs of
counties and of metropolitan police departments and their deputies;
3. Constables;
κ1979
Statutes of Nevada, Page 30 (CHAPTER 25, SB 115)κ
4. Personnel of
the Nevada highway patrol when exercising the police powers specified in NRS
481.150 and 581.180;
5. The
inspector or field agents of the motor carrier division of the department of
motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of
and all inspectors employed by the public service commission of Nevada when
exercising those enforcement powers conferred by chapters 704 to 706,
inclusive, of NRS;
7. Marshals and
policemen of cities and towns;
8. Parole and
probation officers;
9. Special
investigators employed by the office of any district attorney or the attorney
general;
10. Arson
investigators for fire departments specially designated by the appointing
authority;
11. Members of
the University of Nevada System police department;
12. The state
fire marshal and his 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, superintendent, 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 or when investigating a violation of a provision of
chapter 205 of NRS in the form of a crime against the property of a gaming
licensee;
19. The
director, division chiefs, investigators, agents and other sworn personnel of
the 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
κ1979
Statutes of Nevada, Page 31 (CHAPTER 25, SB 115)κ
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. 4. Section
79 of chapter 530, Statutes of Nevada 1977, at page 1199, is hereby amended to
read as follows:
Sec. 79. NRS
324.230 is hereby amended to read as follows:
324.230 1. Within
1 year after a water right is available for the irrigation of the land
described in a certificate of location, the settler shall cultivate and reclaim
not less than one-sixteenth part of the land filed on, and within 2 years
thereafter, shall have actually irrigated and cultivated not less than
one-eighth. [thereof.]
Within 3 years thereafter, the settler shall appear before the state registrar
of lands under the Carey Act, or the judge or clerk of any court of record
within the state [, or any agent designated by
the commission,] and make final proof of reclamation, settlement
and occupation, in such form and according to such requirements as may be
prescribed by the [commission] division or the Department of the Interior. The officer
taking this proof is entitled to receive a minimum fee of $10, which shall be
paid by the settler and shall be in addition to the price paid to the state for
the land. When the state registrar of lands under the Carey Act takes final
proof, all fees received by him shall be deposited [in]
with the state treasurer for credit to the Carey
Act trust fund.
2. The state
registrar of lands under the Carey Act [and the
agents appointed by the commission] may administer oaths required
under this chapter.
3. All proofs
so received shall be accompanied with the final payment for the land, and upon
approval by the [commission] division the settler is entitled to a patent.
4. If the land
is not embraced in any patent [theretofore]
issued to the state by the United States, the proofs shall be forwarded to the
Secretary of the Interior with the request that a patent to the lands be issued
to the state. When the works designed for the irrigation of lands under the
provisions of this chapter are so far completed as actually to furnish in a
substantial ditch or canal, or by artesian wells or reservoirs, water to
reclaim any particular tract or tracts of such land, the State of Nevada may,
by and in the discretion of the [commission,]
division, make proof of such fact, and apply for
a patent to such lands in the manner provided by 43 U.S.C. § 642.
Sec. 5. Section
2 of chapter 562, Statutes of Nevada 1977, at page 1400, is hereby amended to
read as follows:
Sec. 2. This
act shall become effective at 12:01 a.m. on January 1, 1978, for the purpose of
nominating and electing district judges, and at 12:01 a.m. on the 1st Monday in
January 1979, for all other purposes.
κ1979
Statutes of Nevada, Page 32 (CHAPTER 25, SB 115)κ
Sec. 6. Sections
1, 8 and 10 of chapter 576, Statutes of Nevada 1977, at pages 1483 and 1487,
respectively, are hereby amended to read respectively as follows:
Section 1. Section
14 of Assembly Bill No. 278 of the 59th session of the Nevada legislature, as
amended by section 1 of Senate Bill No. 523, is hereby repealed.
Sec. 8. Section
378 of Assembly Bill No. 278 of the 59th session of the Nevada legislature, as
amended by section 7 of Senate Bill No. 523, is hereby amended to read as
follows:
Sec. 378. 1
Sections 57, 59, 60, 65, 66, 67, 69, 72, 78, 79, 87, 96, 106, 107, 110, 143, 143.5, 163, 171, 184,
192, 361, 367, 368, 370 and subsection 2 of section 371 of this act shall
become effective at 12:01 a.m. on July 1, 1977.
2. Sections 12
and 360 of this act shall become effective at 12:02 a.m. on July 1, 1977.
Sec. 10. Section
2 of Senate Bill No. 266 of the 59th session of the Nevada legislature is
hereby amended to read as follows:
Sec. 2. 1. NRS
277.230 and 278.780 to 278.828, inclusive, are hereby repealed.
2. Section
19 of Senate Bill No. 153 of the 59th session of the Nevada legislature is
hereby repealed.
Sec. 7. Section
7 of chapter 584, Statutes of Nevada 1977, at page 1540, is hereby amended to
read as follows:
Sec. 7. 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 41.0337,
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 415.154; and
(b) The payment of
claims which are obligations of the state under NRS 7.125, 177.345, 179.225,
213.153, subsection 4 of NRS 361.055 and section 8 of Senate Bill No. 68 of the
59th session of the Nevada legislature, 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. 8. Section
1 of chapter 595, Statutes of Nevada 1977, at page 1604, is hereby amended to
read as follows:
Section 1. NRS
233.060 is hereby amended to read as follows:
233.060 The
commission shall:
1. Foster
mutual understanding and respect among all racial, religious, handicapped and
ethnic groups and between the sexes in the [state
of Nevada.] state.
2. Aid in
securing equal health and welfare services and facilities for all the residents
of the [state of Nevada] state without regard to race, religion,
sex, age, physical or visual handicap or nationality.
κ1979
Statutes of Nevada, Page 33 (CHAPTER 25, SB 115)κ
regard to race, religion, sex, age,
physical or visual handicap or nationality.
3. Study [and investigate] problems arising
between groups [in the State of Nevada]
within the state which may result in tensions,
discrimination or prejudice because of race, color, creed, sex, age, physical
or visual handicap, national origin or ancestry, and formulate and carry out
programs of education and disseminate information with the object of
discouraging and eliminating any such tensions, prejudices or discrimination.
4. [Investigate any complaints of discrimination, tensions
or prejudice filed with or referred to the commission.
5.] Secure
the cooperation of various racial, religious, handicapped, nationality and
ethnic groups, veterans organizations, labor organizations, business and
industry organizations and fraternal, benevolent and service groups, in
educational campaigns devoted to the need for eliminating group prejudice,
racial or area tensions, intolerance or discrimination.
[6.] 5. Cooperate with and seek the cooperation
of federal and state agencies and departments in carrying out projects within
their respective authorities to eliminate intergroup tensions and to promote
intergroup harmony.
[7. Have the power to accept gifts or bequests of
personal property and may use the same to carry out the objects and purposes of
this chapter. All money so received shall be deposited with the state treasurer
for credit to the Nevada equal rights commission gift fund which is hereby
created.
8. Have the power to make findings of fact and
proceed thereon as provided in NRS 613.410 and 651.110.
9. Have the power to make such rules and
regulations, not inconsistent with law, as it finds expedient to carry into
execution the powers and duties conferred upon it by this chapter.]
Sec. 9. Sections
5 and 30 of chapter 598, Statutes of Nevada 1977, at pages 1627 and 1635,
respectively, are hereby amended to read respectively as follows:
Sec. 5. NRS
200.030 is hereby amended to read as follows:
200.030 1. Murder
of the first degree is murder which is:
(a) Perpetrated by
means of poison, or lying in wait, torture, or by any other kind of willful,
deliberate and premeditated killing;
(b) Committed in the
perpetration or attempted perpetration of [rape,]
sexual assault, kidnaping, arson, robbery,
burglary or sexual molestation of a child under the age of 14 years; or
(c) Committed to avoid
or prevent the lawful arrest of any person by a peace officer or to effect the
escape of any person from legal custody.
As used in this subsection, sexual
molestation is any willful and lewd or lascivious act, other than acts
constituting the crime of [rape,] sexual assault, upon or with the body, or any part or
member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust,
passions or sexual desires of the perpetrator or of the child.
κ1979
Statutes of Nevada, Page 34 (CHAPTER 25, SB 115)κ
intent of arousing, appealing to,
or gratifying the lust, passions or sexual desires of the perpetrator or of the
child.
2. Murder of
the second degree is all other kinds of murder.
3. The jury
before whom any person indicted for murder is tried shall, if they find [such person] him
guilty thereof, designate by their verdict whether [such
person] he is guilty of murder of
the first or second degree.
4. Every person
convicted of murder of the first degree shall be punished:
(a) By death, only if
one or more aggravating circumstances are found and any mitigating circumstance
or circumstances which are found do not outweight the aggravating circumstance
or circumstances.
(b) Otherwise, by
imprisonment in the state prison for life with or without possibility of
parole. If the penalty is fixed at life imprisonment with possibility of parole,
eligibility for parole begins when a minimum of 10 years has been served.
5. Every person
convicted of murder of the second degree shall be punished by imprisonment in
the state prison for life or for a definite term of not less than 5 years. Under
either sentence, eligibility for parole begins when a minimum of 5 years has
been served.
Sec. 30. 1. Sections
7, 10, 16, 17 and 18 of this act shall become effective at 12:01 a.m. on July
1, 1977.
2. Sections 5
and 15 of this act shall become effective at 12:02 a.m. on July 1, 1977.
Sec. 10. 1. Chapter
290, Statutes of Nevada 1977, and page 516, is hereby repealed.
2. Section 1 of chapter 546, Statutes of
Nevada 1977, at page 1353, is hereby repealed.
3. Section 2 of chapter 578, Statutes of
Nevada 1977, at page 1492, is hereby repealed.
4. Sections 3 and 4 of chapter 599,
Statutes of Nevada 1977, at pages 1636 and 1637, respectively, are hereby
repealed.
Sec. 11. This
act shall become effective upon passage and approval.
________
CHAPTER 26, SB 140
Senate Bill No. 140Committee
on Human Resources and Facilities
CHAPTER 26
AN ACT relating to licenses to hunt or
fish; removing certain restrictions from fishing licenses issued to blind
persons; and providing other matters properly relating thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
502.075 is hereby amended to read as follows:
502.075 The department shall issue to a
blind person, as defined in subsection 2 of NRS 361.085:
[, any license authorized to be issued by the department under the provisions
of this chapter.
κ1979
Statutes of Nevada, Page 35 (CHAPTER 26, SB 140)κ
subsection 2 of NRS 361.085: [, any license authorized to be issued by the
department under the provisions of this chapter. Such license shall:]
1. [Authorize]
A hunting license which:
(a) Authorizes a person selected by the blind person to
hunt [or fish] on his behalf if:
[(a)] (1) The person selected is a resident of the
State of Nevada and possesses a valid Nevada hunting [or
fishing] license; and
[(b)] (2) The blind person is in the company of or in
the immediate area of the person selected.
[2. Be] (b) Is issued
pursuant and subject to regulations prescribed by the commission.
[3. Contain] (c) Contains the
word Blind printed on the face of the license.
2. A fishing license which authorizes the blind
person to fish whether or not accompanied by or in the immediate area of any
other person.
________
CHAPTER 27, AB 19
Assembly Bill No.
19Assemblymen Mann, Horn and Sena
CHAPTER 27
AN ACT relating to traffic laws;
prohibiting parking within 20 feet of a fire hydrant in places where angle
parking of vehicles is permitted; and providing other matters properly relating
thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
484.399 is hereby amended to read as follows:
484.399 1. A person shall
not stop, stand or park a vehicle, except when necessary to avoid conflict with
other traffic or in compliance with law or the directions of a police officer
or official traffic-control device, in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant [;] in a place
where parallel parking is permitted, or within 20 feet of a fire hydrant if
angle parking is permitted and a local ordinance requires the greater distance;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk at an
intersection;
(g) Within 30 feet upon the approach to any
official traffic-control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb
or within 30 feet of points on the curb immediately opposite the ends of a
safety zone;
(i) Within 50 feet of the nearest rail of a
railroad;
(j) Within 20 feet of a driveway entrance to any
fire station and, on the side of a highway opposite the entrance to any fire
station, within 75 feet of [such] that entrance;
κ1979
Statutes of Nevada, Page 36 (CHAPTER 27, AB 19)κ
(k) Alongside or opposite any highway excavation
or obstruction when [such]
stopping, standing or parking would obstruct traffic;
(l) On the highway side of any vehicle stopped
or parked at the edge of or curb of a highway;
(m) Upon any bridge or other elevated structure
or within a highway tunnel;
(n) Within 5 feet of a public or private
driveway; and
(o) At any place where the official
traffic-control devices prohibit stopping, standing or parking.
2. A person shall not move a vehicle not
owned by [such person] him into any [such]
prohibited area or away from a curb [such
distance as] to a distance which is
unlawful.
3. A local authority may place official
traffic-control devices prohibiting or restricting the stopping, standing or
parking of vehicles on any highway where in its opinion [such]
stopping, standing or parking is dangerous to those using the highway or where
the vehicles which are stopping, standing or
parking [vehicles] would unduly
interfere with the free movement of traffic. [thereon.] It is unlawful for any person
to stop, stand or park any vehicle in violation of the restrictions stated on [such] those
devices.
________
CHAPTER 28, AB 185
Assembly Bill No.
185Committee on Judiciary
CHAPTER 28
AN ACT relating to procedure in criminal
cases in justices courts; clarifying the grounds for dismissal of a complaint
in justices court and on appeal; and providing other matters properly relating
thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
185 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Any complaint, upon motion of
the defendant, may be dismissed by the justice of the peace upon any of the
following grounds:
1. That the justice of the peace does not have
jurisdiction of the offense.
2. That more than one offense is charged in any one
count of the complaint.
3. That the facts stated do not constitute a public
offense.
Sec. 2. NRS
189.070 is hereby amended to read as follows:
189.070 [The
complaint, on] Any complaint, upon
motion of the defendant, may be dismissed upon any of the following grounds:
1. That the justice of the peace did not have jurisdiction of the offense.
2. That more than one offense is charged [therein.] in any
one count of the complaint.
3. That the facts stated do not
constitute a public offense.
________
κ1979
Statutes of Nevada, Page 37κ
CHAPTER 29, AB 153
Assembly Bill No.
153Committee on Judiciary
CHAPTER 29
AN ACT relating to evidence; modifying the
requirement for a cautionary instruction on evidence of a related crime;
clarifying the authority for proving the contents of a missing original
document; and providing other matters properly relating thereto.
[Approved March 1, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
48.035 is hereby amended to read as follows:
48.035 1. Although relevant,
evidence is not admissible if its probative value is substantially outweighed
by the danger of unfair prejudice, of confusion of the issues or of misleading
the jury.
2. Although relevant, evidence may be
excluded if its probative value is substantially outweighed by considerations
of undue delay, waste of time or needless presentation of cumulative evidence.
3. Evidence of another act or crime which
is so closely related to an act in controversy or a crime charged that an
ordinary witness cannot describe the act in controversy or the crime charged
without referring to the other act or crime shall not be excluded, but at the request of an interested party, a cautionary instruction
shall be given explaining the reason for its admission.
Sec. 2. NRS
52.285 is hereby amended to read as follows:
52.285 Contents of
writings, recordings or photographs may be proved by the testimony or
deposition of the party against whom offered or by his written admission,
without accounting for the nonproduction of the original.
________
CHAPTER 30, AB 4
Assembly Bill No.
4Assemblyman Harmon
CHAPTER 30
AN ACT relating to traffic laws; limiting
the time that law enforcement agencies must maintain records of the disposition
of each traffic citation by the court or its traffic violations bureau; and
providing other matters properly relating thereto.
[Approved March 2, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
484.813 is hereby amended to read as follows:
484.813 1. Every peace
officer upon issuing a traffic citation to an alleged violator of any provision
of the motor vehicle laws of this state or of any traffic ordinance of any city
or town shall deposit the original or a copy of [such]
the traffic citation with a court having
jurisdiction over the alleged offense or with its traffic violations bureau.
2. Upon the deposit of the original or a
copy of [such] the traffic citation with a court having jurisdiction
over the alleged offense or with its traffic violations
bureau, [such original or copy of such] the traffic citation may be disposed of
only by trial in [such] that court or other official action by a judge of
[such] that court, including forfeiture of the bail, or by the deposit of
sufficient bail with, or payment of a fine to [such] , the traffic violations
bureau by the person to whom [such] the traffic citation has been issued by the
peace officer.
κ1979
Statutes of Nevada, Page 38 (CHAPTER 30, AB 4)κ
its traffic violations bureau, [such
original or copy of such] the
traffic citation may be disposed of only by trial in [such]
that court or other official action by a judge of
[such] that
court, including forfeiture of the bail, or by the deposit of sufficient bail
with, or payment of a fine to [such]
, the traffic violations bureau by the person to
whom [such] the
traffic citation has been issued by the peace officer.
3. It is unlawful and official misconduct
for any peace officer or other officer or public employee to dispose of a
traffic citation or copies [thereof]
of it or of the record of the issuance of a
traffic citation in a manner other than as required in this section.
4. The chief administrative officer of
every traffic enforcement agency shall require the return to him of a copy of
every traffic citation issued by an officer under his supervision to an alleged
violator of any traffic law or ordinance and of all copies of every traffic
citation which has been spoiled or upon which any entry has been made and not
issued to an alleged violator.
5. [Such]
The chief administrative officer shall also
maintain or cause to be maintained [in connection
with] a record of every traffic
citation issued by [an officer] officers under his supervision.
[a record of the disposition of the charge by the
court or its traffic violations bureau in which the original or copy of the
traffic citation was deposited.] The
record must be retained for at least 2 years after the issuance of the
citation.
________
CHAPTER 31, AB 92
Assembly Bill No.
92Assemblymen Getto and Dini
CHAPTER 31
AN ACT relating to state employees;
entitling employees of the supreme court or legislative branch of the
government of the state to transfer, under certain circumstances, to the
classified service on the same basis as employees may transfer within that
service; and providing other matters properly relating thereto.
[Approved March 2, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
284 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Employees of the supreme court
or the legislative branch of the government of the State of Nevada who have
served for 2 consecutive years or more are entitled to transfer to a position
having similar duties and compensation in the classified service of the state
on the same basis as employees may transfer within the classified service from
a position under one appointing authority to a position under another
appointing authority. The benefit conferred by this section includes any
exemption from the taking of a competitive examination, retention of credits
for annual and sick leave and longevity, and
priority on the lists of eligible persons to the extent that such privileges
are accorded to employees transferring within the classified service.
κ1979
Statutes of Nevada, Page 39 (CHAPTER 31, AB 92)κ
sick leave and longevity, and
priority on the lists of eligible persons to the extent that such privileges
are accorded to employees transferring within the classified service.
________
CHAPTER 32, AB 169
Assembly Bill No.
169Assemblymen Barengo and Hayes
CHAPTER 32
AN ACT relating to crimes against the
person; defining kidnaping for the purpose of sexual assault as kidnaping in
the first degree; and providing other matters properly relating thereto.
[Approved March 2, 1979]
The People of the State of Nevada, represented in Senate
and Assembly, do enact as follows:
Section 1. NRS
200.310 is hereby amended to read as follows:
200.310 1. Every person who
shall willfully seize, confine, inveigle, entice, decoy, abduct, conceal,
kidnap or carry away any [individual human being]
person by any means whatsoever with the intent to
hold or detain, or who holds or detains, [such
individual] the person for ransom,
or reward, or for the purpose of committing sexual
assault, extortion or robbery upon or from [such
individual,] the person, or to
exact from relatives, friends, or other person any money or valuable thing for
the return or disposition of such kidnaped person, and every person who leads,
takes, entices, or carries away or detains any minor with the intent to keep,
imprison, or confine it from its parents, guardians, or any other person having
lawful custody of such minor, or with the intent to hold such minor to unlawful
service, or perpetrate upon the person of such minor any unlawful act [shall be deemed] is
guilty of kidnaping in the first degree.
2. Every person who shall willfully and
without authority of law seize, inveigle, take, carry away or kidnap another
person with the intent to keep such person secretly imprisoned within the
state, or for the purpose of conveying such person out of the state without
authority of law, or in any manner held to service or detained against his
will, [shall be deemed] is guilty of kidnaping in the second degree.
________
κ1979
Statutes of Nevada, Page 40κ
CHAPTER 33, AB 160
Assembly Bill
No. 160Assemblymen Mann, Sena, Brady, Harmon, Jeffrey, Getto, Marvel, Cavnar,
Rusk, Mello, Dini, May, Craddock, Westall, Tanner, Wagner, Webb, Bergevin,
Robinson, Fielding, Weise, Coulter, Stewart, Horn, Vergiels, Malone, Polish,
FitzPatrick and Hayes
CHAPTER 33
AN ACT relating to prisons; providing for
the establishment of criteria for a reasonable deduction from the personal
funds of an offender to pay for state property which has been willfully damaged
or destroyed; and providing other matters properly relating thereto.
[Approved March 2, 1979]
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:
The board shall establish by
regulation criteria for a reasonable deduction from money credited to the
account of an offender who has willfully damaged or destroyed state property
during his incarceration, on account of the harm done.
________
CHAPTER 34, AB 214
Assembly Bill No.
214Committee on Judiciary
CHAPTER 34
AN ACT relating to energy resources;
removing duplicative provisions of law concerning the appointment of the state
energy resources advisory board and its functions; and providing other matters
properly relating thereto.
[Approved March 2, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
523.031 is hereby amended to read as follows:
523.031 1. The department of
energy is hereby created.
2. The department consists of the
director and:
(a) The division of Colorado River resources;
(b) The division of energy research and
development; and
(c) The division of energy conservation and
planning.
3. The governor shall appoint a director
to serve as the executive head of the department.
4. The director shall:
(a) Be in the unclassified service.
(b) Be selected with special reference to his
training, experience, capability and interest in the field of energy
conservation and management.
(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.
5. As executive head of the department,
the director is responsible for the administration of all
provisions of law relating to the functions of the department.
κ1979
Statutes of Nevada, Page 41 (CHAPTER 34, AB 214)κ
for the administration of all provisions of law relating to
the functions of the department.
6. The director may employ any clerical
and operational personnel necessary for the performance of his duties,
prescribe their duties and fix their salaries in accordance with
classifications made by the personnel division of the department of
administration.
7. The director and employees of the
department are entitled to receive the travel expenses and subsistence
allowances provided by law.
[8. The director may appoint an advisory board to
advise him on matters relating to the conservation and management of energy
resources.]
Sec. 2. NRS
523.091 and 523.101 are hereby repealed.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 35, AB 7
Assembly Bill No.
7Committee on Ways and Means
CHAPTER 35
AN ACT to amend an act entitled, An Act
making an appropriation to the state public works board for certain
improvements to be made at the Nevada state prison in Carson City, Nevada; and
providing other matters properly relating thereto, approved April 15, 1977.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
1 of the above-entitled act, being chapter 188, Statutes of Nevada 1977, at
page 353, is hereby amended to read as follows:
Section 1. There
is hereby appropriated from the state general fund the sum of $8,522,400 to the
state public works board for the following improvements to the Nevada state
prison in Carson City:
1. New plumbing
fixtures and electrical systems in certain existing cell blocks.
2. [Enlargement of the old quarry to provide an]
Construction of a new athletic field.
3. Rehabilitation
of the yard area.
4. Air-conditioning
for the dining hall.
5. Renovation
of the existing old buildings.
6. Construction
of new living units, [a new] and new and remodeled facilities at the administration
building and [new] the vocational shop buildings.
7. Additional
improvements and materials for the Nevada state prison maximum security
facility.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979 Statutes
of Nevada, Page 42κ
CHAPTER 36, AB 157
Assembly Bill No.
157Committee on Judiciary
CHAPTER 36
AN ACT relating to estates of decedents;
resolving a conflict concerning fees charged by the county clerk in small
estates; and providing other matters properly relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
19.013 is hereby amended to read as follows:
19.013 1. Each county clerk
shall charge and collect the following fees:
On the
commencement of any action or proceeding in the district court, or on the
transfer of any action or proceeding from a district court of another county,
except probate or guardianship proceedings, in addition to the court fee now
provided by law, to be paid by the party commencing the action, proceeding or
transfer........................................................................................... $32.00
On an appeal to
the district court of any case from a justices court or a municipal court, or
on the transfer of any case from a justices court or a municipal court, in
addition to the court fee now provided by law............. 20.00
On the filing of
a petition for letters testamentary, or of administration or guardianship,
which fee shall include the court fee now provided by law, to be paid by the
petitioner:
Where the stated
value of the estate is more than [$1,000 and less
than $5,000................................................................ 25.00
Where the stated value of the estate is $5,000 or more]
$5,000 ........................................................................... 50.00
Where the stated
value of the estate is [$1,000] $5,000 or less, no fee may be charged or collected.
On filing a
petition to contest any will or codicil, to be paid by the petitioner .................................................................................................... 25.00
On the filing of
objection or cross-petition to the appointment of an executor, adminstrator or
guardian, or an objection to the settlement of account or any answer in an
estate or guardianship matter.................................. 25.00
On the appearance
of any defendant or any number of defendants answering jointly, to be paid upon
the filing of the first paper in the action by him or them .................................................................................................... 25.00
For filing a
notice of appeal.......................................................................... 10.00
For issuing
transcript of judgment and certifying thereto....................... 1.00 For preparing any copy of record, proceeding or paper on file
in his office:
κ1979
Statutes of Nevada, Page 43 (CHAPTER 36, AB 157)κ
For preparing any
copy of record, proceeding or paper on file in his office:
When such copy
is reproduced by xerography, for each page ........................................................................... $0.25
When such copy
is photostated, for each page............. .50
For each
certificate of the clerk, under the seal of the court ............................................................................. 1.00
For examining and
certifying to a copy of any paper, record or proceeding prepared by another and
presented for his certificate................................. 2.00
For filing and
indexing articles of incorporation....................................... 5.00
For each
amendment, acceptance or appointment of resident agent, list of officers, dissolution
or reinstatement or bond companies .......................................................................................... 3.00
For filing all
papers to be kept by him, not otherwise provided for, other than papers filed
in actions and proceedings in court and papers filed by public officers in
their official capacity.................................................................... 5.00
For issuing any
certificate under seal, not otherwise provided for........ 2.00
For searching
records or files in his office, for each year........................
.50
For filing and
recording a bond of a notary public................................... 5.00
2. All fees prescribed in this section
are payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 are
in full for all services rendered by the county clerk in the case for which the
fees are paid, to and including the making up of the judgment roll, but such
fees do not include payment for typing, copying, certifying or exemplifying or
authenticating copies.
4. No fee may be charged any attorney and
counselor at law duly admitted to practice in the State of Nevada for searching
records or files in the office of the clerk. No fee may be charged for any
services rendered to a defendant or his attorney in any criminal case in habeas
corpus proceedings.
5. Each county clerk shall, on or before
the 5th day of each month, account for and pay to the county treasurer all fees
collected during the preceding month.
________
κ1979
Statutes of Nevada, Page 44κ
CHAPTER 37, AB 159
Assembly Bill No.
159Committee on Judiciary
CHAPTER 37
AN ACT relating to hearsay; limiting the admissibility
of certain statements against interest; and providing other matters properly
relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
51.345 is hereby amended to read as follows:
51.345 1. A statement which
at the time of its making:
(a) Was so far contrary to the declarants
pecuniary or proprietary interest;
(b) So far tended to subject him to civil or
criminal liability;
(c) So far tended to render invalid a claim by
him against another; or
(d) So far tended to make him an object of
hatred, ridicule or social disapproval,
that a reasonable man in his position would not have made
the statement unless he believed it to be true is not inadmissible under the
hearsay rule if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal
liability and offered to exculpate the accused in a criminal case is not
admissible unless corroborating circumstances clearly indicate the
trustworthiness of the statement.
2. This section does not make admissible
a statement or confession offered against the accused [in
a criminal case,] made by a codefendant or other person
implicating both himself and the accused.
________
CHAPTER 38, AB 206
Assembly Bill No.
206Committee on Judiciary
CHAPTER 38
AN ACT relating to metropolitan fire departments;
repealing chapter 455, Statutes of Nevada 1977; and providing other matters
properly relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
455, Statutes of Nevada 1977, at page 905, is hereby repealed.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 45κ
CHAPTER 39, AB 208
Assembly Bill No.
208Committee on Judiciary
CHAPTER 39
AN ACT relating to statutes; ratifying
technical corrections made to various chapters of NRS; correcting the effective
date of and repealing certain provisions in Statutes of Nevada 1977; and
providing other matters properly relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
9 of chapter 759, Statutes of Nevada 1975, at page 1796, is hereby amended to
read as follows:
Sec. 9. NRS
244.207 is hereby amended to read as follows:
244.207 1. Notwithstanding
any other provision of law, the boards of county commissioners [of counties whose population is 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,] shall have power and
jurisdiction in their respective counties to establish by ordinance central
receiving and disbursing systems for the handling of county moneys and moneys
held in trust by the county or by any of its elected or appointed officers.
Such systems may include, but are not limited to, the following:
(a) The commingling of
all moneys from any source whatsoever, provided that the accounting system
employed supplies full information concerning the sources of the moneys.
(b) The elimination of
departmental bank accounts, or accounts in insured savings and loan associations which are
stock companies and not mutual associations, provided for in NRS 356.200
by commingling such moneys in [a bank]
an account or accounts maintained by the county
treasurer.
(c) The elimination of
trust bank accounts created for any reason whatsoever, as long as adequate
records are maintained to identify fully all trust moneys. The moneys
previously held in such trust bank accounts may be commingled with other moneys
held in bank accounts maintained by the county treasurer.
(d) The centralization
of all disbursing of all moneys, including trust moneys, provided the
accounting system employed supplies full information concerning the disposition
of such moneys.
(e) The centralization
of part or all of billing and collection aspects of business licenses, personal
property and any other activity of any of the offices of the county that
involves billing for services or taxes or fees imposed by statute or ordinance,
or the collection of moneys in payment of such billings.
2. Investment
income from the commingled funds will be credited to the general fund of the
county if other provisions of law or contract do not require other allocation
of such investment income.
3. Nothing in
this section shall:
κ1979
Statutes of Nevada, Page 46 (CHAPTER 39, AB 208)κ
(a) Eliminate the
reporting requirements of various elected and appointed officials relating to
the receipt and disposition of moneys.
(b) Limit the right of
a local government as defined in NRS 354.474 (but not including a county) whose
moneys are held in trust by the county to direct the receipt, disbursement and
investment of its money independently of the system provided for in this
section, where such independent direction is otherwise authorized by law.
Sec. 2. Sections
16 and 29 of chapter 13, Statutes of Nevada 1977, at pages 18 and 24,
respectively, are hereby amended to read respectively as follows:
Sec. 16. 1. Before
the state acting through the board, or the county, constructs, otherwise
acquires, improves or equips any work or other real property for the facilities
of the state or the county except repairs, major renewals and major
replacements, the state or the county shall submit plans, specifications or
other instruments or other documents pertaining thereto for the approval of
such acquisitions, improvements or equipment to the division of environmental
protection of the state department of conservation and natural resources.
2. The
division may require the state or the county to submit additional information
pertaining to any such request for such approval and may require modifications
to such instruments or documents as a condition of its approval.
3. Upon
the receipt of the divisions approval in writing of such works or other
property, the state or the county may construct, otherwise acquire, improve or
equip such works or property in conformance with such approval.
Sec. 29. NRS
244.9241 is hereby amended to read as follows:
244.9241 1. Before
the [county constructs, otherwise acquires,
improves or equips] state acting through
the board, or the county, prepares or causes to be prepared plans,
specifications or other documents for the construction, other acquisition, improvement
or equipment of any work or other real property for the facilities of
the state or the county except repairs, major
renewals and major replacements, the state or the
county shall submit preliminary plans [, specifications or other instruments or other
documents pertaining thereto for the approval of such acquisitions,
improvements and equipment] to:
(a) The division of environmental protection of the state department
of conservation and natural resources;
(b) The county board
of health; and
(c) The county
regional planning body [.] ,
for approval
of the type, scope and location of the proposed work or other real property for
the facilities.
2. Each such
agency may require the state or the county to
submit additional information to the agency pertaining to any such request for
such approval and may require [reasonable]
modifications to such [instruments or documents]
plans as a condition of the agencys approval.
κ1979
Statutes of Nevada, Page 47 (CHAPTER 39, AB 208)κ
3. Upon the receipt
of each agencys approval in writing of such [works
or other property,] plans, the state or the
county may [so construct, otherwise acquire,
improve or equip] prepare or cause to be
prepared plans, specifications or other instruments or documents for the
construction, other acquisition, improvement or equipment of such works or property in conformance with such
approval.
4. The county
board of health shall not require any modification with which the health
division of the department of human resources does not concur.
Sec. 3. Section
8 of chapter 170, Statutes of Nevada 1977, at page 315, is hereby amended to
read as follows:
Sec. 8. NRS
616.542 is hereby amended to read as follows:
616.542 1. The
governor shall appoint [an appeals officer]
two appeals officers to conduct hearings in
contested claims for compensation under this chapter and chapter 617 of NRS. [Such] Each appeals
officer shall hold office for a term of 4 years from the date of his
appointment and until his successor is appointed and has qualified. [Such] Each
appeals officer is entitled to receive an annual salary [of not more than $25,000 depending upon education,
training and experience, to be paid from the state insurance fund.]
in an amount provided by law for employees in the
unclassified service of the state.
2. [Such] Each
appeals officer [shall be familiar with the
provisions of this chapter and chapter 617 of NRS and have 5 years experience
in adjudication of workmens compensation claims or cases or]
shall be an attorney who has been licensed to
practice law before all the courts of this state.
[for a period of at least 2 years. The]
An appeals officer shall not engage in the
private practice of law. [after
January 1, 1977.]
3. If [the] an
appeals officer determines that he has a personal interest or a conflict of
interest, directly or indirectly, in any case which is before him, he shall
disqualify himself from hearing such case and the governor [shall] may
appoint a special appeals officer who is vested with the same powers as the
regular appeals officer would possess. The special appeals officer shall be
paid at an hourly rate, based upon the appeal officers salary. [, from money in the
state insurance fund.]
4. An appeals officer shall render his final decision on a
contested claim within 120 days after the hearing.
5. The decision of [the] an appeals officer is the final administrative determination
of a claim under this chapter or chapter 617 of NRS, and the whole record, for
the purposes of judicial review under the Nevada Administrative Procedure Act, [(chapter 233B of NRS),] shall be made up of all evidence taken at the hearing [,] before the
appeals officer [,] and any findings of fact and conclusions of law based thereon.
Sec. 4. Section 5 of
chapter 314, Statutes of Nevada 1977, at page 582, is hereby amended to read as
follows:
κ1979
Statutes of Nevada, Page 48 (CHAPTER 39, AB 208)κ
Sec. 5. NRS
618.315 is hereby amended to read as follows:
618.315 1. The department has authority [:
1. Over] over
working conditions in all places of employment except [:
(a) Those
which are subject to the Federal Coal Mine Health and Safety Act of 1969 (30
U.S.C. §§ 801 et seq.) or the Federal Metal and Nonmetallic Mine Safety Act (30
U.S.C. §§ 721 et seq.);
(b) Those
which are subject to the jurisdiction of the inspector of mines under the
provisions of chapter 512 of NRS;
(c) Those
of railroad employees whose safety and health are subject to protection under
the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad
Safety Act of 1970 (45 U.S.C. §§ 421 et seq.); and
(d) Motor
vehicles operating on public highways of this state. This section does not
invest the department with any power, jurisdiction or authority over motor
vehicles operating on public highways.
2. To
declare] as limited by subsection 2.
2. The
authority of the department does not extend to working conditions which:
(a) Exist
in household domestic service;
(b) Exist
in motor vehicles operating on public highways of this state;
(c) Are
regulated by the inspector of mines under the provisions of chapter 512 of NRS;
or
(d) Are
regulated pursuant to the Federal Coal Mine Health and Safety Act of 1969 (30
U.S.C. §§ 801 et seq.), the Federal Metal and Nonmetallic Mine Safety Act (30
U.S.C. §§ 721 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et
seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.).
3. The
department may:
(a) Declare
and prescribe what safety devices, safeguards or other means or methods of
protection are well adapted to render [the]
employees [of every employment and place of
employment] safe as required by lawful order, state standards or
regulations or federal standards, as adopted by the department.
[3. To
fix] (b) Fix and adopt such
reasonable standards and [to]
prescribe, modify and enforce such reasonable orders for the adoption,
installation, use, maintenance and operation of safety devices, safeguards and
other means or methods of protection, which shall be as nearly uniform as
practicable, as may be necessary to carry out all laws and lawful orders
relative to the protection of the lives, safety and health of employees. [in employments and
place of employment.
4. To
adopt] (c) Adopt such reasonable
standards for the construction, repair and maintenance of places of employment
as [shall] render such places safe
and healthful.
[5. To
require] (d) Require the
performance of any other act which the protection of the lives, safety and
health in places of employment may reasonably demand.
κ1979
Statutes of Nevada, Page 49 (CHAPTER 39, AB 208)κ
[6. To
provide] (e) Provide the
method and frequency of making investigations, examinations and inspections.
[7. To
prepare,] (f) Prepare, provide
and regulate forms of notices, publications and blank forms deemed proper and
advisable to carry out the provisions of this chapter, and to charge to
employers the printing costs for such publications.
[8. To
furnish] (g) Furnish blank
forms upon request.
[9. To
provide] (h) Provide for
adequate notice to each employer or employee of his right to administrative
review of any department action or decision as set forth in NRS 618.475 and
618.605 and to judicial review.
[10. To
consult] (i) Consult with the
health division of the department of human resources with respect to
occupational health matters in chapter 617 of NRS.
[11. To
appoint] (j) Appoint advisers
and fix their compensation, who shall assist the department in establishing
standards of safety and health, and the department may adopt and incorporate in
its general orders such safety and health recommendations as it may receive
from such advisers.
Sec. 5. Section 1 of
chapter 320, Statutes of Nevada 1977, at page 609, is hereby amended to read as
follows:
Section 1. NRS
392.030 is hereby amended to read as follows:
392.030 1. The
board of trustees of a school district may authorize the suspension or
expulsion of any pupil from any public school within the school district in
accordance with rules and hearing procedures complying with requirements of due
process of law.
2. No pupil may
be suspended or expelled until he has been given notice of the charges against
him, an explanation of the evidence and an opportunity for a hearing, except
that a pupil who poses a continuing danger to persons or property or an ongoing
threat of disrupting the academic process may be removed from the school immediately
upon being given an explanation of the reasons for his removal, and pending
proceedings, to be conducted as soon as practicable after removal, for his
suspension or expulsion pursuant to this section.
3. The
provisions of chapter 241 of NRS do not apply to any hearing conducted under
this section. Such hearings shall be closed to the public.
Sec. 6. Section
6 of chapter 377, Statutes of Nevada 1977, at page 695, is hereby amended to
read as follows:
Sec. 6. NRS
695A.580 is hereby amended to read as follows:
695A.580 1. Any
person who [willfully] makes a
false or fraudulent statement in or relating to an application for membership
or for the purpose of obtaining money from or a benefit in any society is
guilty of a gross misdemeanor.
2. Any person
who [willfully] makes a false or
fraudulent statement in any verified report or declaration under oath required
or authorized by this chapter, or of any material fact or thing contained in a
sworn statement concerning the death or disability of a member
for the purpose of procuring payment of a benefit named in the certificate,
shall be guilty of perjury and shall be subject to the penalties therefor
prescribed by law.
κ1979
Statutes of Nevada, Page 50 (CHAPTER 39, AB 208)κ
member for the purpose of procuring
payment of a benefit named in the certificate, shall be guilty of perjury and
shall be subject to the penalties therefor prescribed by law.
3. Any person
who solicits membership for, or in any manner assists in procuring membership
in, any society not licensed to do business in this state [shall be punished by a] is subject to an administrative fine, imposed by the commissioner,
of not less than $25 nor more than [$200.] $500 for
each violation. In addition if the person is an insurance agent of the society,
the commissioner may suspend, revoke, limit or refuse to continue his license
in the manner provided in NRS 683A.450.
4. Any person convicted
of a willful violation of, or neglect or refusal to comply with, any provision
of this chapter for which a penalty is not otherwise prescribed shall be
punished by a fine of not more than [$200.]
$1,000 for each violation, and not more than $10,000 for
all related violations.
Sec. 7. Section
17 of chapter 381, Statutes of Nevada 1977, at page 722, is hereby amended to
read as follows:
Sec. 17. 1. The district attorney is responsible for
establishing paternity and securing support pursuant to NRS 425.260 to 425.440,
inclusive, in cases referred by the division.
2. The
attorney general may assist any district attorney upon request.
3. If
a district attorney fails or refuses to perform this duty in a particular case
in which assistance is granted, or in which establishment of paternity or
enforcement of support is required, the attorney general may undertake to
perform this duty and may exercise in connection therewith all powers of the
district attorney provided by law.
Sec. 8. Section
3 of chapter 383, Statutes of Nevada 1977, at page 737, is hereby amended to
read as follows:
Sec. 3. NRS
200.504 is hereby amended to read as follows:
200.504 1. The
welfare division of the department of human resources or the authorized county
agency shall:
(a) File with the
central [registry] and regional registries for child abuse and neglect [, established under NRS 432.100,] a copy
of each report of child abuse or neglect received
by or referred to them. [under NRS 200.502.]
(b) Investigate each
report [made under NRS 200.502] of child abuse or neglect received or referred to it by
a law enforcement agency to determine the circumstances surrounding the injury
or injuries, the cause thereof, and the person or persons responsible.
(c) [Report the following information] Upon completing the investigation, report to the
central registry: [at
the time of completion of the investigation required by paragraph (b) of this
section:]
(1) Identifying
and demographic information on the child alleged to be abused or neglected, his
parents and the person or persons allegedly responsible for the abuse or
neglect.
κ1979
Statutes of Nevada, Page 51 (CHAPTER 39, AB 208)κ
(2) The facts of
the alleged child abuse or neglect, including the date and type of alleged
child abuse or neglect, the manner in which abuse was inflicted and the
severity of the injuries.
(d) Upon disposition
of the case, report the nature of the disposition to the central registry and
the referring law enforcement agency, if any.
(e) Provide such
social services as are necessary to protect the child and preserve the family.
2. The welfare
division shall advise each authorized county agency of any report received or
referred and investigation made in that county. Each authorized county agency
shall advise the welfare division of each report received or referred and
investigation made.
3. If the
division or agency determines that further action is necessary to protect the
child who is the subject of the report, as well as any other child under the
same care who may be in danger of abuse or neglect, the division or agency may
refer the case to the district attorney for criminal prosecution or it may recommend
the filing of a petition in the juvenile division of the district court as
provided in chapter 62 of NRS.
Sec. 9. Section 35 of chapter
473, Statutes of Nevada 1977, at page 945, is hereby amended to read as
follows:
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 designed to discover the applicants fitness.
3. The
board may employ specialists and other professional consultants or examining
services in conducting the examination.
4. The
member who is not licensed in any state to practice any healing art shall not
participate in preparing, conducting or grading any examination required by the
board.
Sec. 10. Section
273 of chapter 530, Statutes of Nevada 1977, at page 1252, is hereby repealed.
Sec. 11. Section
173 of chapter 529, Statutes of Nevada 1977, at page 1174, is hereby amended to
read as follows:
Sec. 173. 1. NRS
232.073, 232.105, 232.115, 232.130, 513.010 to 513.100, inclusive, 522.030,
703.240 to 703.260, inclusive, and 703.280 are hereby repealed.
2. NRS 703.270
is hereby repealed.
3. Assembly
Bill 28 of the 59th session of the legislature, is hereby repealed.
Sec. 12. Section
371 of chapter 530, Statutes of Nevada 1977, as last amended by chapter 576,
Statutes of Nevada 1977, at page 1486, is hereby amended to read as follows:
Sec. 371. 1. NRS
180.020, 210.020 to 210.050, inclusive, 210.410 to 210.440, inclusive, 216.135
to 216.175, inclusive, 233D.010, 233D.040, 242.110,
242.210, 242.220, 315.790, 341.040, 381.050, 383.050, 385.470 to 385.580,
inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050,
422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.030 to
457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240,
inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260,
inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263,
512.105, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040,
636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050,
641.060, 641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070,
656.060, 673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.
κ1979
Statutes of Nevada, Page 52 (CHAPTER 39, AB 208)κ
233D.010, 233D.040, 242.110,
242.210, 242.220, 315.790, 341.040, 381.050, 383.050, 385.470 to 385.580,
inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050,
422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.030 to
457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240,
inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260,
inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263,
512.105, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040,
636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050, 641.060,
641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070, 656.060,
673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.
2. NRS 422.142
to 422.148, inclusive, 432A.140 and 616.4983 are hereby repealed.
Sec. 13. Section
6 of chapter 538, Statutes of Nevada 1977, at page 1313, is hereby amended to
read as follows:
Sec. 6. 1. Each provider of health care shall make the
health care records of a patient available for physical inspection by:
(a) The
patient or a representative with written authorization from the patient; or
(b) Any
authorized representative or investigator of the board of medical examiners of
the State of Nevada or the attorney general in the course of any investigation
conducted pursuant to NRS 630.314,
upon the
request of any of them. The records shall be made available at a place within
the depository convenient for physical inspection and inspection shall be
permitted at all reasonable office hours and for a reasonable length of time.
The provider of health care shall also furnish a copy of the records to each
person described in paragraphs (a) and (b) of this subsection who requests it
and pays the costs of making the copy, not to exceed 60 cents per page for
photocopies and a reasonable cost for copies of X-ray photographs and other
health care records produced by similar processes.
2. Records
made available to a representative or investigator of the board of medical
examiners or the attorney general in accordance with the provisions of this
section shall not be used at any public hearing unless:
(a) The
patient named in the records has consented in writing to their use; or
(b) Appropriate
procedures are utilized to protect the identity of the patient from public
disclosure.
This
subsection does not prohibit the board of medical examiners from providing to a
physician against whom a complaint or written allegation has been filed, or to
his attorney, information on the identity of a patient whose records may be
used in a public hearing relating to the complaint or allegation, but the
physician and his attorney shall keep the information confidential.
3. A
provider of health care, his agents and employees are immune from any civil action for any disclosures made in
accordance with the provisions of this section or any consequential damages.
κ1979
Statutes of Nevada, Page 53 (CHAPTER 39, AB 208)κ
immune from
any civil action for any disclosures made in accordance with the provisions of
this section or any consequential damages.
Sec. 14. Section
7 of chapter 541, Statutes of Nevada 1977, at page 1326, is hereby amended to
read as follows:
Sec. 7. NRS
244.045, 245.052, 246.050, 247.030, 248.025, 249.035, 250.050 and 252.040 are
hereby repealed.
Sec. 15. Section
20 of chapter 543, Statutes of Nevada 1977, at page 1332, is hereby amended to
read as follows:
Sec. 20. 1. Except
as provided in subsection 2, this chapter applies to, regulates and determines
rights, obligations and remedies under a rental agreement, wherever made, for a
dwelling unit or premises located within this state.
2. This chapter
does not apply to:
(a) A rental agreement
subject to the provisions of NRS 118.230 to 118.290, inclusive, and sections 2
to 11, inclusive, of chapter 572, Statutes of Nevada 1977.
(b) Low-rent housing
programs operated by public housing authorities and established pursuant to the
United States Housing Act of 1937, as amended (42 U.S.C. 1401 et seq.).
(c) A person who owns
less than seven dwelling units, except with respect to the provisions of
sections 24, 34, 40, 52 and 53 of this act.
(d) Residence in an
institution, public or private, incidental to detention or the provisions of
medical, geriatric, educational, counseling, religious or similar service.
(e) Occupancy under a
contract of sale of a dwelling unit or the property of which it is a part, if
the occupant is the purchaser or a person who succeeds to the purchasers
interest.
(f) Occupancy by a
member of a fraternal or social organization in the portion of a structure
operated for the benefit of the organization.
(g) Occupancy in a
hotel or motel for less than 30 consecutive days unless the occupant clearly
manifests an intent to remain for a longer continuous period.
(h) Occupancy by an
employee of a landlord whose right to occupancy is solely conditional upon
employment in or about the premises.
(i) Occupancy by an
owner of a condominium unit or by a holder of a proprietary lease in a
cooperative apartment.
(j) Occupancy under a
rental agreement covering premises used by the occupant primarily for agricultural
purposes.
Sec. 16. Section
6 of chapter 550, Statutes of Nevada 1977, at page 1364, is hereby amended to
read as follows:
Sec. 6. NRS
294A.020 is hereby amended to read as follows:
294A.020 1. Every
candidate for state, district, county, city or township office at a recall, special, primary or general elections shall, [within 15 days after the primary election and 30 days after
the general election,] not later than:
κ1979
Statutes of Nevada, Page 54 (CHAPTER 39, AB 208)κ
[within
15 days after the primary election and 30 days after the general election,]
not later than:
(a) Fifteen
days after the primary election if the candidate wins or 30 days after the
primary election if he loses, for the remaining period up to the primary
election;
(b) Fifteen
days before the general election, for the period from the primary election up
to 20 days before the general election; and
(c) Thirty
days after the general election, for the remaining period up to the
general election,
report his campaign expenses [to the secretary of state] on affidavit
forms to be designed and provided by the secretary of state.
2. Reports of campaign expenses shall be filed with the officer
with whom he filed his declaration of candidacy or acceptance of candidacy.
3. County
clerks who receive reports of campaign expenses pursuant to subsection 2 shall
file a copy of each report with the secretary of state.
4. Any
candidate who willfully violates any of the provisions of this section is
guilty of a gross misdemeanor.
Sec. 17. Sections
10, 40, 47 and 48 of chapter 573, Statutes of Nevada 1977, at pages 1452, 1462,
1465 and 1466, respectively, are hereby amended to read respectively as
follows:
Sec. 10. NRS
489.031 is hereby amended to read as follows:
489.031 As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NRS 489.041 to 489.155, inclusive, sections 2
to 7, inclusive, of this act, and section 187 of [this
act] chapter 530, Statutes of Nevada 1977,
have the meanings ascribed to them in [such]
those sections.
Sec. 40. NRS
489.430 is hereby amended to read as follows:
489.430 1. The
[division] department
may deny [the issuance of] or
revoke a manufacturers, dealers, [or]
servicemans, installers or rebuilders license
upon any of the following grounds:
(a) Failure of the
applicant to have an established place of business in this state.
(b) [That the applicant or licensee has been convicted]
Conviction of a felony in the State of Nevada or
any other state, territory or nation.
(c) Material
misstatement in the application.
(d) Evidence of
unfitness of the applicant or licensee.
(e) Failure or refusal
to furnish and keep in force any bond [.]
required by this chapter.
(f) [Failure on the part of such licensee to maintain a
fixed place of business in this state.] Evidence
of financial insolvency of the applicant or licensee.
(g) Failure or refusal
by a licensee to pay or otherwise discharge any final judgment [against such licensee] rendered and
entered against him, arising out of the [misrepresentation
of any mobile home or out of any fraud committed in connection with the sale of
any mobile home.]
κ1979
Statutes of Nevada, Page 55 (CHAPTER 39, AB 208)κ
any mobile
home.] conduct of his business licensed
under this chapter.
(h) Failure of the
licensee to maintain any other license or bond required by any political
subdivision of this state.
2. The [division shall not be] department is not limited to the above grounds but may
deny [the issuance of] a license to
an applicant or revoke a license already issued if [the
division] it is satisfied that the
applicant or licensee is not entitled thereto.
Sec. 47. NRS
489.090, 489.124 and 489.156 are hereby repealed.
Sec. 48. 1. Sections
10, 26, 27 and 33 of this act shall become effective at 12:01 a.m. on July 1,
1977.
2. The
remaining sections of this act shall become effective on July 1, 1977.
3. Section 41
of this act shall become effective at 12:02 a.m. on July 1, 1977.
Sec. 18. Section
3 of chapter 585, Statutes of Nevada 1977, at page 1542, is hereby amended to
read as follows:
Sec. 3. The only
circumstances by which murder of the first degree may be aggravated are:
1. The
murder was committed by a person under sentence of imprisonment.
2. The
murder was committed by a person who was previously convicted of another murder
or of a felony involving the use or threat of violence to the person of
another.
3. The
murder was committed by a person who knowingly created a great risk of death to
more than one person by means of a weapon, device or course of action which
would normally be hazardous to the lives of more than one person.
4. The
murder was committed while the person was engaged, or was an accomplice, in the
commission of or an attempt to commit or flight after committing or attempting
to commit, any robbery, forcible rape, arson in the first degree, burglary or
kidnaping in the first degree.
5. The
murder was committed for the purpose of avoiding or preventing a lawful arrest
or effecting an escape from custody.
6. The
murder was committed by a person, for himself or another, for the purpose of
receiving money or any other thing of monetary value.
7. The
murder was committed upon a peace officer or fireman who was killed while
engaged in the performance of his official duty or because of an act performed
in his official capacity, and the defendant knew or reasonably should have
known that the victim was a peace officer or fireman. For purposes of this
subsection peace officer means sheriffs of counties and their deputies,
marshals and policemen of cities and towns, the chief and agents of the
investigation and narcotics division of the department of law enforcement
assistance, personnel of the Nevada highway patrol, and the director, deputy
director, correctional officers and other employees of the Nevada state prison when carrying out the duties prescribed by
the warden of the Nevada state prison.
κ1979
Statutes of Nevada, Page 56 (CHAPTER 39, AB 208)κ
Nevada state
prison when carrying out the duties prescribed by the warden of the Nevada
state prison.
8. The
murder involved torture, depravity of mind or the mutilation of the victim.
9. The
murder was committed upon one or more persons at random and without apparent
motive.
Sec. 19. Section
2 of chapter 592, Statutes of Nevada 1977, at page 1569, is hereby amended to
read as follows:
Sec. 2. NRS
218.680 is hereby amended to read as follows:
218.680 1. [For] Except
during a regular or special session of the legislature for each days
attendance at each meeting of the commission, or if engaged in the official
business of the legislative counsel bureau, the members of the legislative
commission [shall] are entitled to receive a salary of $40 and the per
diem allowance and travel expenses provided by law.
2. An alternate
member of the legislative commission who replaces a regular member at a meeting
of the commission or on official business of the legislative counsel bureau is
entitled to receive the same salary and expenses as a regular member for the
same service. An alternate member who attends a meeting of the commission but
does not replace a regular member is entitled to the travel expenses provided
by law.
Sec. 20. Sections
12.3 and 16 of chapter 600, Statutes of Nevada 1977, at pages 1642 and 1643,
respectively, are hereby amended to read respectively as follows:
Sec. 12.3. NRS
584.570 is hereby amended to read as follows:
584.570 1. No
distributor may engage in any of the practices set forth in paragraphs (a) to
(d), inclusive, of subsection 2 of this section, whether or not a stabilization
and marketing plan is in effect in the area in which he carries on his
business.
2. Each
stabilization and marketing plan shall contain provisions for prohibiting
distributors and retail stores from engaging in the unfair practices set forth
in this subsection:
(a) The payment,
allowance or acceptance of secret rebates, secret refunds or unearned discounts
by any person, whether in the form of money or otherwise.
(b) The giving of any
milk, cream, dairy products, services or articles of any kind, except to bona
fide charities, for the purpose of securing or retaining the fluid milk or
cream business of any customer.
(c) The extension to
certain customers of special prices or services not made available to all
customers who purchase fluid milk or fluid cream of like quantity under like
terms and conditions.
(d) The purchase of
any fluid milk in excess of 200 gallons monthly from any producer or
association of producers unless a written contract has been entered into with
such producer or association of producers stating the amount of fluid milk to
be purchased for any period, the quantity of such milk to be paid for as class
1 in pounds of milk or pounds of milk fat or gallons of
milk, and the price to be paid for all milk received.
κ1979
Statutes of Nevada, Page 57 (CHAPTER 39, AB 208)κ
in pounds of milk or pounds of milk
fat or gallons of milk, and the price to be paid for all milk received. The
contract shall also state the date and method of payment for such fluid milk,
which shall be that payment shall be made for approximately one-half of the
milk delivered in any calendar month not later than the 1st day of the next
following month and the remainder not later than the 15th day of the month, the
charges for transportation if hauled by the distributor, and may contain [such] other provisions [as] which
are not in conflict with NRS 584.325 to 584.690, inclusive. [, and shall contain a
proviso to the effect] The contract shall
also provide that the producer [shall not
be] is not obligated to deliver in
any calendar month fluid milk to be paid for at the minimum price for fluid
milk [that is used for class 3, as that class is defined
in NRS 584.490.] which is used by
distributors in the manufacture of butter and cheese other than cottage cheese.
A signed copy of such contract shall be filed by the distributor with the
commission within 5 days from the date of its execution. The provisions of this
subsection relating to dates of payment do not apply to contracts for the
purchase of fluid milk from nonprofit cooperative associations of producers.
Sec. 16. NRS
584.1759, 584.176, 584.177, 584.178, 584.179, 584.325, 584.330, 584.335,
584.340, 584.345, 584.350, 584.355, 584.360, 584.365, 584.370, 584.375,
584.380, 584.385, 584.390, 584.395, 584.400, 584.405, 584.410, 584.415,
584.420, 584.425, 584.435, 584.440, 584.445, 584.450, 584.455, 584.460,
584.465, 584.470, 584.495, 584.500, 584.505, 584.510, 584.515, 584.520,
584.522, 584.525, 584.535, 584.540, 584.543, 584.545, 584.550, 584.555,
584.560, 584.565, 584.568, 584.570, 584.575, 584.580, 584.582, 584.583,
584.584, 584.585, 584.590, 584.595, 584.600, 584.605, 584.610, 584.615, 584.620,
584.625, 584.630, 584.633, 584.635, 584.640, 584.645, 584.650, 584.655, 584.660,
584.665, 584.670, 584.675, 584.680, 584.690, and sections 2 and 3 of this act
are hereby repealed.
Sec. 21. Sections
14.5, 24, 24.5 and 25 of chapter 574, Statutes of Nevada 1977, at pages 1453
and 1455, respectively, are hereby repealed.
Sec. 22. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 58κ
CHAPTER 40, SB 12
Senate Bill No.
12Senator Raggio
CHAPTER 40
AN ACT relating to public officers and
employees; providing an exception to the limitation of one salary for all
services rendered to the state; and providing other matters properly relating
thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
281.127 is hereby amended to read as follows:
281.127 1. Unless
otherwise provided by law, no public officer or employee whose salary is set by
law, whether or not he serves the state in more than one capacity, may be paid
more than one salary for all services rendered to the state. [, except for salaries
for any ex officio duties he may be required by law to perform.]
2. The provisions
of subsection 1 do not apply to any public officer or employee for salaries:
(a) For any ex officio
duties he may be required by law to perform.
(b) For teaching during
off-duty hours in an educational program sponsored by a governmental authority
if he is not regularly employed in such program by that governmental authority.
________
CHAPTER 41, AB 216
Assembly Bill No.
216Committee on Judiciary
CHAPTER 41
AN ACT relating to planning and zoning; deleting a
redundant requirement for posting notice; and providing other matters properly
relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
278.330 is hereby amended to read as follows:
278.330 1. The initial
action in connection with the making of any subdivision is the preparation of a
tentative map.
2. The subdivider shall file copies of
such map with the planning commission, or with the clerk of the governing body
if there is no planning commission together with a filing fee in an amount [as] determined by the governing body.
3. The commission, the clerk of the
governing body or, when permitted by the governing body, the subdivider or any
other appropriate agency shall distribute copies of the map and any
accompanying data to all state and local agencies charged with reviewing the
proposed subdivision.
4. If there is no planning commission,
the clerk of the governing body shall submit the
tentative map to the governing body at its next regular meeting.
κ1979
Statutes of Nevada, Page 59 (CHAPTER 41, AB 216)κ
body shall submit the tentative map to the governing body at
its next regular meeting.
5. If there is a planning commission it
shall, within 45 days after receiving a tentative map, recommend approval,
conditional approval or disapproval of the map in a written report filed with
the governing body.
[6. The
agenda of any meeting of the planning commission or any governing body, which
includes the review of the tentative map shall be published or posted in a
prominent public place.]
________
CHAPTER 42, SB 111
Senate Bill No.
111Committee on Judiciary
CHAPTER 42
AN ACT relating to judges; reinstating in
Nevada Revised Statutes the provision for one change of judge upon filing of an
affidavit alleging bias or prejudice; and providing other matters properly
relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
1.235 is hereby amended to read as follows:
1.235 1. [Any] Except to
the extent otherwise permitted in a civil action by this chapter, any
party to an action or proceeding pending in any court [except]
other than the supreme court, who seeks to
disqualify a judge for actual or implied bias or prejudice shall file an
affidavit specifying the facts upon which the disqualification is sought. The
affidavit of a party represented by an attorney [shall]
must be accompanied by a certificate of the
attorney of record that the affidavit is filed in good faith and not interposed
for delay. Except as provided in subsection 2, the affidavit [shall] must
be filed:
(a) Not less than 20 days before the date set
for trial or hearing of the case; or
(b) Not less than 3 days before the date set for
the hearing of any pretrial matter.
2. Except as provided in this subsection,
if a case is not assigned to a judge before the time required under subsection
1 for filing the affidavit, the affidavit [shall]
must be filed:
(a) Within 3 days after the party or his
attorney is notified that that case has been assigned to a judge;
(b) Before the hearing of any pretrial matter;
or
(c) Before the jury is empaneled, evidence taken
or any ruling made in the trial or hearing,
whichever occurs first. If the facts upon which
disqualification of the judge is sought are not known to the party before he is
notified of the assignment of the judge or before any pretrial hearing is held,
the affidavit may be filed not later than the commencement of the trial or
hearing of the case.
κ1979
Statutes of Nevada, Page 60 (CHAPTER 42, SB 111)κ
3. The judge against whom an affidavit
alleging bias or prejudice is filed shall proceed no further with the matter
and shall:
(a) Immediately transfer the case to another
department of the court, if there is more than one department of the court in
the district, or request the judge of another district court to preside at the
trial or hearing of the matter; or
(b) File a written answer with the clerk of the
court within 2 days after the affidavit is filed, admitting or denying any or
all of the allegations contained in the affidavit and setting forth any
additional facts which bear on the question of his disqualification. The
question of the judges disqualification [shall]
must thereupon be heard and determined by another
judge agreed upon by the parties or, if they are unable to agree, by the judge
appointed:
(1) By the chief judge in judicial
districts having more than one judge, or if the chief judge is sought to be
disqualified, by the judge having the greatest number of years of service.
(2) By the supreme court in judicial
districts having only one judge.
Sec. 2. NRS
1.240 is hereby amended to read as follows:
1.240 1. A judge shall not act as such if any party to a civil action
in the district court files an affidavit alleging that the judge before whom
the action is to be tried has a bias or prejudice either against him or in
favor of an opposing party. The judge shall proceed no further with the matter
but shall either transfer the action to another department of the court, if
there is more than one department of the court in the district, or request the
judge of the district court of another district to preside at the trial or
hearing of the matter. Every affidavit must be filed at least 10 days before
the hearing of a contested matter if a judge has been assigned to hear the
matter or, if a judge has not been assigned at least 10 days prior to the
hearing, the affidavit must be filed when the party or his attorney is notified
that a judge has been assigned to hear the matter. The affidavit must be
accompanied by a certificate of the attorney of record for affiant that the
affidavit is filed in good faith and not interposed for delay. The party filing
the affidavit for change of judge shall at the time of filing pay to the clerk
of the court in which the affidavit is filed $25, which sum the clerk shall
transmit to the state treasurer who shall deposit it in the state treasury to the
credit of the state general fund for the support of district judges travel.
2. Not more
than one change of judge may be granted in any civil action under the procedure
provided by [subsection 5 of NRS 1.230.]
this section, but each party to the action [shall have] is
entitled to an opportunity to urge his objections to any judge before
the action or proceeding is assigned to another judge, and the assignment [shall] must
be to the most convenient judge to whom the objections of the parties do not
apply or are least applicable.
3. The right
granted by this section may be lost by the failure of a party to comply with
the requirements set forth in subsection 1 or by a waiver in writing executed
by the party or by his attorney, and not otherwise.
κ1979
Statutes of Nevada, Page 61 (CHAPTER 42, SB 111)κ
4. The provisions
of this section do not apply in delinquency cases in juvenile court
proceedings.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 43, SB 150
Senate Bill No.
150Committee on Government Affairs
CHAPTER 43
AN ACT relating to lost warrants of the state; revising
the accounting procedure; and providing other matters properly relating
thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
353.140 is hereby amended to read as follows:
353.140 1. The state
controller shall establish a lost warrant account and credit to it the amount
of each warrant canceled.
2. If a state controllers warrant has
been lost or destroyed, the person in whose favor such warrant was drawn may,
within 1 year from the date of the original warrant, file with the state
controller an affidavit setting forth the reasons for the failure to present
such warrant for payment and that such warrant is not to the knowledge of
affiant held by any other person or persons. If the state controller is
satisfied that the original warrant is lost or destroyed, and the claim has not
been paid by the state, he may issue another warrant in lieu of the original
warrant and charge the amount thereof to the lost warrant account.
3. In June of each year, as to each
warrant whose original date is at least 1 year old and whose amount credited to
the lost warrant account has not been charged out as provided in subsection 2,
the state controller shall [direct the state
treasurer to transfer from] credit
the fund upon which the original warrant was drawn [to
the general fund] for an amount
equivalent to the original warrant, and shall charge the lost warrant account. [and make proper credit
in his own accounts.]
________
κ1979
Statutes of Nevada, Page 62κ
CHAPTER 44, SB 169
Senate Bill No.
169Committee on Government Affairs
CHAPTER 44
AN ACT to amend an act entitled, An Act
incorporating the City of Las Vegas, in Clark County, Nevada, and defining the
boundaries thereof, under a new charter; and providing other matters properly
relating thereto, approved April 24, 1971, as amended.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
1.050 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at
page 1064, is hereby amended to read as follows:
Section 1.050 Elective
offices.
1. The elective
officers of the city consist of:
(a) A mayor.
(b) Four commissioners.
(c) Municipal judges,
the number to be determined by the board of commissioners.
[(d) A city attorney.]
2. Such
officers shall be elected as provided by this charter.
Sec. 2. Section 1.070 of the
above-entitled act, being chapter 515, Statutes of Nevada 1971, as amended by
chapter 226, Statutes of Nevada 1975, at page 269, is hereby amended to read as
follows:
Sec. 1.070 Elective
offices: Vacancies.
1. A vacancy [in] on the board of commissioners or in the office of mayor
[, city attorney]
or municipal judge shall be filled by a majority vote of the members of the
board of commissioners, or the remaining members in the case of a vacancy [in] on the board of commissioners, within 30 days after the
occurrence of such vacancy. The appointee shall have the same qualifications as
are required of the elective official.
2. No such
appointment shall extend beyond the next regularly scheduled meeting of the
board of commissioners following the next municipal general election, at which
election the office shall be filled for the remaining unexpired term.
Sec. 3. Section 1.090 of the
above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended
by chapter 752, Statutes of Nevada 1973, at page 1571, is hereby amended to
read as follows:
Sec. 1.090 Appointive
offices.
1. The board of
commissioners of the city shall appoint the following officers:
(a) City manager.
(b) Five civil service
trustees.
2. The city
manager shall appoint the following officers, subject to ratification by the
board of commissioners:
(a) Director of
finance.
κ1979
Statutes of Nevada, Page 63 (CHAPTER 44, SB 169)κ
(b) Director of public
works.
(c) Fire chief.
(d) City clerk.
(e) City attorney.
(f) Such
other officers as may be necessary.
3. The board of
commissioners shall prescribe by ordinance the duties of all appointive
officers.
Sec. 4. Section 3.060 of the
above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended
by chapter 98, Statutes of Nevada 1977, at page 208, is hereby amended to read
as follows:
Section 3.060 City
attorney: Qualifications; duties.
1. The city
attorney shall be:
(a) A duly licensed
member of the State Bar of Nevada.
(b) The legal officer
of the city and shall perform such duties as may be designated by ordinance.
[(c) A
qualified elector, for at least 2 years immediately prior to the year in which
the election is held, within the territory established by the boundaries of the
city on the last day for filing an affidavit of candidacy.
2. On
and after July 1, 1975, the city attorney shall receive a salary of $29,000 per
annum.
3.] 2. The city attorney [shall not engage in the private practice of law after
July 1, 1975.
4. Deputy]
and deputy city attorneys shall not engage in the
private practice of law. [after
July 1, 1977.]
Sec. 5. Section 5.010 of the
above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended
by chapter 226, Statutes of Nevada 1975, at page 270, is hereby amended to read
as follows:
Section 5.010 Primary
municipal elections.
1. On the
Tuesday after the 1st Monday in May 1975, and at each successive interval of 4
years, there shall be held a primary municipal election, at which time there
shall be nominated candidates for mayor and two offices of commissioner.
2. On the
Tuesday after the 1st Monday in May 1977, and at each successive interval of 4
years, there shall be held a primary municipal election, at which time there
shall be nominated candidates for [city attorney,]
two offices of commissioner and municipal judge, department 2. On the same
date, there shall be nominated candidates for municipal judge, department 1,
who shall be elected for two years.
3. On the
Tuesday after the 1st Monday in May 1979, and at each successive interval of 4
years, there shall be held a primary municipal election, at which time there
shall be nominated candidates for mayor, two offices of commissioner and
municipal judge, department 1.
4. The
candidates for commissioner to be nominated as provided in subsections 1 and 2
shall be voted for and nominated separately. The candidates from wards 1 and 3
shall be nominated as provided in subsection 1 and
candidates from wards 2 and 4 nominated as provided in subsection 2.
κ1979
Statutes of Nevada, Page 64 (CHAPTER 44, SB 169)κ
provided in subsection 1 and
candidates from wards 2 and 4 nominated as provided in subsection 2.
5. All
candidates for municipal offices as provided in subsections 1, 2, 3 and 4 shall
file an affidavit of candidacy with the city clerk not less than 30 days nor
more than 40 days before the primary election. If the last day limited for
filing an affidavit of candidacy [shall fall]
falls on a Saturday, Sunday, legal holiday or any
holiday proclaimed by the governor, or the President of the United States, then
the period so limited shall expire on the preceding business day at 5 p.m. The
filing fee for each office shall be as established by ordinance by the board of
commissioners.
6. If in the
primary election no candidate receives a majority of votes cast in that
election for the office for which he is a candidate, the names of the two
candidates receiving the highest number of votes shall be placed on the ballot
for the general election. If in the primary election, regardless of the number
of candidates for an office, one candidate receives a majority of votes cast in
that election for the office for which he is a candidate, he shall be declared
elected and no general election need be held for that office.
Sec. 6. This act shall become
effective upon passage and approval for purposes of the 1979 municipal
elections in the City of Las Vegas. For all other purposes, this act shall
become effective July 1, 1979.
________
CHAPTER 45, AB 276
Assembly Bill No. 276Committee
on Ways and Means
CHAPTER 45
AN ACT making an appropriation to the
secretary of state for additional expenses incurred in registering lobbyists
and performing other services for the 60th session of the Nevada legislature;
and providing other matters properly relating thereto.
[Approved March 6, 1979]
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 secretary of state
for expenses incurred in registering lobbyists and performing other services
for the 60th session of the Nevada legislature, the sum of $2,000.
Sec. 2. This act shall become
effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 65κ
CHAPTER 46, AB 329
Assembly Bill No.
329Committee on Ways and Means
CHAPTER 46
AN ACT making an appropriation to the state board of
examiners for the stale claims fund account; and providing other matters
properly relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. There
is hereby appropriated from the state general fund to the state board of
examiners the sum of $151,745 for the stale claims fund account created by NRS
353.097.
Sec. 2. This act shall become
effective upon passage and approval.
________
CHAPTER 47, AB 404
Assembly Bill No. 404Committee
on Ways and Means
CHAPTER 47
AN ACT making an appropriation to the Nevada state
library for repair and overhaul of bookmobiles; and providing other matters
properly relating thereto.
[Approved March 6, 1979]
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 Nevada state library
the sum of $75,000 to be used for replacement of chassis and overhauling the
three bookmobiles purchased with the appropriation made by chapter 137,
Statutes of Nevada 1975.
Sec. 2. After June 30, 1981, the
unexpended balance of the appropriation made in section 1 must not be
encumbered and any such balance reverts to the state general fund.
Sec. 3. This act shall become
effective upon passage and approval.
________
CHAPTER 48, SB 88
Senate Bill No.
88Senators Close, Wilson and Raggio
CHAPTER 48
AN ACT relating to costs; allowing costs
to a prevailing defendant in certain actions for the recovery of money only;
and providing other matters properly relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
18.020 is hereby amended to reads as follows:
18.020 Costs shall be allowed of course
to the prevailing party against any adverse party against
whom judgment is rendered, in the following cases:
κ1979
Statutes of Nevada, Page 66 (CHAPTER 48, SB 88)κ
against any adverse party against whom judgment is rendered,
in the following cases:
1. In an action for the recovery of real
property.
2. In an action to recover the possession
of personal property, where the value of the property amounts to $300 or over [; the] . The
value shall be determined by the jury, court or master by whom the action is
tried.
3. In an action for the recovery of money
or damages, where the plaintiff [recovers]
seeks to recover $300 or over.
4. In a special proceeding.
5. In an action which involves the title
or possession of real estate, or the legality of any tax, impost, assessment,
toll or municipal fine, including the costs accrued in the action if originally
commenced in a [justice] justices court.
________
CHAPTER 49, SB 101
Senate Bill No.
101Committee on Judiciary
CHAPTER 49
AN ACT relating to trial by jury; limiting
peremptory challenges of jurors to four such challenges by each side in a
trial; and providing other matters properly relating thereto.
[Approved March 6, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
16.040 is hereby amended to read as follows:
16.040 1. Either party may
challenge the jurors. The challenges [shall]
must be to individual jurors and [shall either] be peremptory or for
cause. Each [party] side is entitled to four peremptory challenges.
2. If there are two or more parties on
any side and their interests are diverse, the court may allow additional
peremptory challenges, but not more than four, to the side with the multiple
parties. If the multiple parties on a side are unable to agree upon the
allocation of their additional peremptory challenges, the
court shall make the allocation. [shall be made by the court.]
________
κ1979
Statutes of Nevada, Page 67κ
CHAPTER 50, AB 140
Assembly Bill No.
140Assemblymen Wagner, Mello, Barengo, Cavnar, Weise, Bremner, Coulter and
Glover
CHAPTER 50
AN ACT relating to public employees
contributions for retirement; authorizing refund of additional contributions
abolished in 1977; and providing other matters properly relating thereto.
[Approved March 7, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. 1. The
public employees retirement system shall refund the additional employee contributions
of 2 percent and 4 percent of compensation to all those present members of the
system from whose compensation those deductions were taken pursuant to the
former provisions of subsection 2 of NRS 286.410 together with simple interest
at the rate of 7 percent per annum on the amount of each deduction required to
be refunded from the time it was received until June 30, 1979.
2. The public employees retirement board
shall prescribe the forms and procedure to effectuate the refunds authorized by
subsection 1, including written notice to all members eligible for the refunds.
________
CHAPTER 51, AB 165
Assembly Bill No. 165Assemblymen
Mello, Dini and May
CHAPTER 51
AN ACT relating to the state legislature; creating a
service division within the legislative counsel bureau; and providing other
matters properly relating thereto.
[Approved March 7, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
218.610 is hereby amended to read as follows:
218.610 As used in NRS 218.610 to
218.890, inclusive, and section 3 of this act,
state departments [mean and include] means
all state offices, departments, boards, commissions, institutions, or agencies,
and the Nevada industrial commission.
Sec. 2. NRS 218.620 is hereby
amended to read as follows:
218.620 1. There is hereby
created the [Nevada]
legislative counsel bureau, which consists of a legislative commission, an
interim finance committee, a director, an audit division, a fiscal analysis division,
a legal division [and]
, a research division [.] , and a service
division.
2. The legislative auditor is chief of
the audit division. The legislative counsel is chief of the legal division. The
research director is chief of the research division. The
director is chief of the service division. The director shall designate
from time to time one of the fiscal analysts to be responsible for the
administration of the fiscal analysis division.
κ1979
Statutes of Nevada, Page 68 (CHAPTER 51, AB 165)κ
3. The legislative commission shall:
(a) Appoint the director.
(b) Fix the compensation of the director, each
of the other division chiefs, and each fiscal
analyst.
4. The director shall appoint the other division chiefs and the fiscal analysts with the approval
of the legislative commission.
5. The director may, with the consent of
the legislative commission, designate one of the other
division chiefs or an employee of the legislative counsel bureau as deputy
director, who shall serve as deputy director without additional compensation.
6. The director, officers and employees
of the legislative counsel bureau are entitled to receive, when engaged in
official business for the legislative counsel bureau, travel expenses and
subsistence allowances as provided by law.
Sec. 3. Chapter 218 of NRS is
hereby amended by adding thereto a new section which shall read as follows:
1. The service
division consists of the chief of the division and such staff as he may
require.
2. The service
division is responsible for:
(a) Communication
equipment;
(b) Control of inventory;
(c) Janitorial services;
(d) Maintenance of
buildings, grounds and vehicles;
(e) Purchasing;
(f) Security;
(g) Shipping and
receiving;
(h) Utilities; and
(i) Warehousing
operations.
________
CHAPTER 52, SB 149
Senate Bill No.
149Committee on Government Affairs
CHAPTER 52
AN ACT relating to data processing;
changing certain accounting procedures used by the state computer facility;
changing the name of a fund; making an appropriation; and providing other
matters properly relating thereto.
[Approved March 10, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
242.290 is hereby amended to read as follows:
242.290 1. Except as
provided in subsection 3, the amount receivable from any using agency availing
itself of the services of the computer facility shall be determined by the
manager in each case and shall include:
(a) The monthly [cost]
expense, including depreciation, of operating and
maintaining the computer facility, distributed among the using agencies in
proportion to the services performed for any using agency.
(b) After July 1, 1971, a service charge in an
amount determined by distributing the monthly installment
for the construction costs of the computer facility among the using agencies in
proportion to the services performed for any using agency.
κ1979
Statutes of Nevada, Page 69 (CHAPTER 52, SB 149)κ
distributing the monthly installment for the construction
costs of the computer facility among the using agencies in proportion to the
services performed for any using agency.
2. The manager shall prepare and submit
monthly to the using agencies for which services of the computer facility have
been performed an itemized statement of the amount receivable from each using
agency.
3. The commission may authorize, if in
its judgment the circumstances warrant, a fixed cost billing, including a factor for
depreciation, for services rendered to a using agency.
Sec. 2. NRS 242.300 is hereby
amended to read as follows:
242.300 1. There is hereby
created [in the state
treasury a commission revolving fund account] the computer facility operating fund as an intragovernmental
service fund in the sum of [$125,000] $200,000
for the use of the manager to operate and maintain the computer facility.
2. [The fund account shall consist of:
(a) Cash, in the form of
moneys held by the state treasurer;
(b) Inventory in the form
of supplies and materials held by the manager; and
(c) Receivables, due from
using agencies for services rendered to them.
3.] Upon
closing the books for each fiscal year, to the extent that the [total amount of the
commission revolving fund account, less accounts payable, exceeds $125,000,]
fund balance exceeds $200,000, the excess portion
[of the fund
account shall revert] reverts to
the state general fund and the state highway fund
[in the state
treasury] in the same ratio to each other as that in which the [initial]
appropriations were made.
Sec. 3. NRS 242.320 is hereby
amended to read as follows:
242.320 Upon the receipt of a statement
submitted pursuant to subsection 2 of NRS 242.290, each using agency shall
authorize the state controller by transfer or warrant to draw [funds] money from the using agencys account in the amount of [such] the statement for transfer to or placement in the [commission revolving
fund account.] computer facility operating
fund.
Sec. 4. There is hereby
appropriated from the state general fund to the computer facility operating
fund the sum of $75,000.
________
CHAPTER 53, SB 68
Senate Bill No. 68Senators
Blakemore, Jacobsen and Dodge
CHAPTER 53
AN ACT relating to emergency medical
services; directing the state board of health to establish certain standards
for ambulances and attendants; prohibiting misrepresentation by uncertified
emergency medical technicians and ambulance services; and providing other
matters properly relating thereto.
[Approved March 10, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
450B.130 is hereby amended to read as follows:
450B.130 The board shall adopt regulations
establishing reasonable minimum standards for:
κ1979 Statutes
of Nevada, Page 70 (CHAPTER 53, SB 68)κ
1. Qualifications and training for
attendants [;] which it determines are necessary in addition to the statutory
requirements for licensing;
2. Sanitation requirements for ambulances
and air ambulances;
3. Medical and nonmedical equipment and
supplies to be carried in ambulances and air ambulances;
4. Interior
configuration, design and dimensions of ambulances placed in service after
July, 1 1979;
5. Permits
for operation of ambulance services and air ambulance services; and
[5.] 6. Records to be maintained by all
ambulance services and air ambulance services.
Sec. 2. 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] license
must 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] license
is 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 certificate as an emergency medical technician. [certificate.]
7. The board shall adopt such regulations
as it determines are necessary for the issuance, suspension, revocation and
renewal of licenses.
[8.] 7. Each
ambulance service and air ambulance service shall annually file with the health
division a complete list of licensed attendants of such service.
κ1979
Statutes of Nevada, Page 71 (CHAPTER 53, SB 68)κ
[9.] 8. Licensed
physicians and nurses may serve as attendants without being licensed as
ambulance attendants.
Sec. 3. Chapter
450B of NRS is hereby amended by adding thereto the provisions set forth as
sections 4 and 5 of this act.
Sec. 4. A person shall not represent himself to be an emergency
medical technician unless he has been issued a currently valid certificate as
an emergency medical technician by the health division.
Sec. 5. An ambulance service shall not represent, advertise or imply
that it:
1. Is authorized
to provide advanced emergency care; or
2. Utilizes the
services of an advanced emergency medical technician-ambulance
unless the service has a currently
valid permit to provide advanced emergency care issued by the health division.
Sec. 6. NRS
630.440 is hereby amended to read as follows:
630.440 1. A training
program for advanced emergency medical technicians-ambulance [shall] must include at least 500 hours of training, including
but not limited to 300 hours of didactic and 200 hours of clinical instruction.
The program [shall]
must include cardiac care and emergency vehicle
experience.
2. A certified advanced emergency medical
technician-ambulance must undergo at least 40 hours of further or refresher
training yearly in order to maintain his certification, and is subject to
reexamination every 2 years by the state health officer.
3. A person shall not represent himself to be an advanced
emergency medical technician-ambulance unless he has on file with the health
division of the department of human resources a currently valid certificate
demonstrating successful completion of the training program required by this
section.
________
CHAPTER 54, AB 290
Assembly Bill No.
290Committee on Government Affairs
CHAPTER 54
AN ACT relating to state purchasing;
providing for additional locations for the receipt of bids for state purchases;
and providing other matters properly relating thereto.
[Approved March 12, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
333.300 is hereby amended to read as follows:
333.300 1. The chief shall
give reasonable notice, by advertising and by written notice mailed to persons,
firms or corporations in a position to furnish the classes of commodities
involved, as shown by its records, of all proposed purchases of supplies,
materials and equipment to be purchased in accordance with a schedule prepared
in conformity with the provisions of NRS 333.250.
κ1979
Statutes of Nevada, Page 72 (CHAPTER 54, AB 290)κ
2. All such materials, supplies and
equipment, except as otherwise provided in this section, when the estimated
cost thereof [shall
exceed] exceeds $2,500, shall be
purchased by formal contract from the lowest responsible bidder after due
notice inviting the submission of sealed proposals to the chief of the
purchasing division at [his office in Carson City, Nevada, until a date and hour as]
the date, hour and location set forth in the
proposal form, and at [such date and hour] that
date, hour and location the proposals shall be publicly opened. The
purchasing division may reject any or all proposals, or may accept the proposal
determined best for the interest of the state. [Such] The notice
shall be published as outlined in NRS 333.310.
3. In case of emergencies due to acts of
God or the national defense or other unforeseeable circumstances, the
provisions for advertisements on competitive bids may be waived by the chief;
but every effort should be made to secure the maximum competitive bidding under
the circumstances, and in no case shall contracts be awarded until every
possible effort has been made to secure at least three bona fide competitive
bids. In awarding contracts for the purchase of supplies, materials and
equipment, whenever two or more lowest bids are identical, the chief shall:
(a) If such lowest bids are by bidders resident
in Nevada, accept the proposal which, in his discretion, is in the best
interests of this state.
(b) If such lowest bids are by bidders resident
outside Nevada:
(1) Accept the proposal of the bidder who
will furnish goods or commodities produced or manufactured in this state; or
(2) Accept the proposal of the bidder who
will furnish goods or commodities supplied by a dealer resident in Nevada.
________
CHAPTER 55, AB 295
Assembly Bill No.
295Committee on Ways and Means
CHAPTER 55
AN ACT making an appropriation from the state general
fund to the emergency fund; and providing other matters properly relating
thereto.
[Approved March 12, 1979]
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 the sum of $90,760 to the
emergency fund created pursuant to NRS 353.263.
Sec. 2. This act shall become
effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 73κ
CHAPTER 56, AB 125
Assembly Bill No.
125Committee on Education
CHAPTER 56
AN ACT relating to the superintendent of
public instruction; permitting an outside occupation only if approved by the
state board of education; and providing other matters properly relating
thereto.
[Approved March 13, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
385.170 is hereby amended to read as follows:
385.170 The superintendent of public
instruction [shall]
is entitled to receive an annual salary in an
amount determined pursuant to the provisions of NRS 284.182. The superintendent
[shall devote his
entire time and attention to the business of his office and]
shall not pursue any other business or occupation or hold any other office of
profit [.]
without the approval of the state board of education.
________
CHAPTER 57, AB 44
Assembly Bill No. 44Assemblymen
Webb and Malone
CHAPTER 57
AN ACT relating to motorcycles; repealing
NRS 486.321 and thereby making motorcycle mufflers subject to NRS 484.611; and
providing other matters properly relating thereto.
[Approved March 13, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
486.321 is hereby repealed.
________
CHAPTER 58, AB 132
Assembly Bill No.
132Assemblyman Malone
CHAPTER 58
AN ACT relating to the state board of
education; revising the limitation on the number of meetings for which members
may be compensated; and providing other matters properly relating thereto.
[Approved March 13, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
385.050 is hereby amended to read as follows:
385.050 1. Each
member of the state board of education [shall] is entitled to
receive:
κ1979
Statutes of Nevada, Page 74 (CHAPTER 58, AB 132)κ
(a) Compensation of not more than $40 per day
for attending each meeting of the board, not to exceed [eight]
12 meetings in any calendar year; and
(b) His traveling and subsistence expenses as
provided by law while attending meetings of the board.
2. Claims for compensation and expenses
shall be approved by the superintendent of public instruction and the state
board of examiners, and shall be paid from funds provided by direct legislative
appropriation from the state general fund as other claims against the state are
paid.
________
CHAPTER 59, AB 274
Assembly Bill No.
274Committee on Ways and Means
CHAPTER 59
AN ACT relating to public purchasing
generally; revising limitations on the purchase price of state automobiles; and
providing other matters properly relating thereto.
[Approved March 13, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
334.010 is hereby amended to read as follows:
334.010 1. Except as
otherwise provided in this subsection, and in subsections 2 and 3, and except
for automobiles to be used as ambulances, any automobile purchased by or on
behalf of the State of Nevada, any department, office, bureau, or official or employee
thereof, shall cost a sum of money not to exceed [$5,000] $6,000 as
the entire purchase price thereof, whether to be paid for entirely in money or
part by exchange of another automobile traded in. The state board of examiners,
however, may approve the purchase of an automobile costing more than [$5,000] $6,000 if the purpose of the automobile is to carry
seven or more passengers or if it is a multipurpose automobile.
2. Any automobile purchased by or on
behalf of the governor shall cost a sum of money not to exceed [$9,000] $10,000 as the entire purchase price thereof, whether
to be paid for entirely in money or part by exchange of another automobile
traded in.
3. Any automobile purchased for use as a
highway patrol vehicle shall cost a sum of money not to exceed [$6,000] $8,000 as the entire purchase price thereof, whether to
be paid for entirely in money or in part by exchange of another automobile
traded in.
4. No automobile may be purchased by any
department, office, bureau, official or employee of the state without prior written
consent of the state board of examiners.
5. All such automobiles shall be used for
official purposes only.
6. All such automobiles, except
automobiles maintained for and used by the governor or by or under the
authority and direction of the chief parole and probation officer, the state
contractors board and auditors, the state fire marshal, the investigation and
narcotics division of the department of law enforcement
assistance and investigators of the state gaming control board and the attorney
general, and one automobile used by the Nevada state prison, two automobiles
used by the Nevada girls training center, and four automobiles used by the
Nevada youth training center, shall be labeled by painting the words State of
Nevada and For Official Use Only thereon in plain lettering.
κ1979
Statutes of Nevada, Page 75 (CHAPTER 59, AB 274)κ
the department of law enforcement assistance and
investigators of the state gaming control board and the attorney general, and
one automobile used by the Nevada state prison, two automobiles used by the
Nevada girls training center, and four automobiles used by the Nevada youth
training center, shall be labeled by painting the words State of Nevada and
For Official Use Only thereon in plain lettering. The director of the
department of general services or his representative shall prescribe the size
and location of the label for all such automobiles.
7. Any officer or employee of the State
of Nevada who violates any provision of this section is guilty of a
misdemeanor.
Sec. 2. This act shall become
effective upon passage and approval.
________
CHAPTER 60, SB 283
Senate Bill No.
283Committee on Finance
CHAPTER 60
AN ACT making an appropriation from the state general
fund to the legislative fund.
[Approved March 14, 1979]
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
existing pursuant to the provisions of NRS 218.085 the sum of $1,000,000.
Sec. 2. This act shall become
effective upon passage and approval.
________
CHAPTER 61, SB 35
Senate Bill No.
35Committee on Finance
CHAPTER 61
AN ACT relating to the office of secretary
of state; creating a revolving account for the refund of revenue; making an
appropriation to that account; providing for the deposit of certain fees into
the state general fund; and providing other matters properly relating thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
225 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.
Sec. 2. 1. There is hereby created a revolving account for the office of
secretary of state in the sum of $1,500, which must be used for refunds of
revenue and for no other purposes.
2. The secretary
of state shall deposit the money in the revolving account
in a bank qualified to receive deposits of public funds as provided by law and
the deposit must be secured by a depository bond satisfactory to the state
board of examiners.
κ1979
Statutes of Nevada, Page 76 (CHAPTER 61, SB 35)κ
account in a bank qualified to
receive deposits of public funds as provided by law and the deposit must be
secured by a depository bond satisfactory to the state board of examiners.
3. The secretary
of state or his designee may sign all checks drawn upon the revolving account.
4. Payments made
from the revolving account must be promptly reimbursed from the appropriate
revenue in the state general fund collected by the secretary of state and the
claim for reimbursement must be processed and paid as other claims against the
state are paid.
Sec. 3. Unless
otherwise specifically provided by law, all fees collected by the secretary of
state shall be deposited with the state treasurer for credit to the state
general fund.
Sec. 4. NRS 78.755 is hereby
amended to read as follows:
78.755 The secretary of state, for
services [performed
by him in matters] relating to his official duties and the
records of his office, shall charge and collect the fees designated in NRS
78.760 to 78.785, inclusive. [, and shall pay the same
into the state treasury for the use and benefit of the general fund.]
Sec. 5. NRS 108.833 is hereby amended to read as
follows:
108.833 1. The filing
officer shall charge and collect one fee of $6 for each notice of federal tax
lien filed and indexed. This charge shall include the subsequent recording of a
certificate of discharge, nonattachment, release or subordination of such lien.
The filing officer shall not charge any fee for recording the release of any
federal tax lien which was filed prior to March 26, 1967.
2. Notwithstanding any other provision of
law, a county recorder shall accept, file and index notices of federal tax lien
filed on behalf of the Federal Government without requiring payment of the fee
at the time of filing. He shall then submit an invoice, not oftener than
semi-monthly, to the District Director of Internal Revenue for all fees accrued
during the billing period, and shall pay over such fees to the county treasurer
on or before the 5th day of the month following the month in which remittance of
such fees is received from the District Director of Internal Revenue.
3. The secretary of state shall accept,
file and index notices of federal tax lien filed on behalf of the Federal
Government without requiring payment of the fee at the time of filing. He shall
then submit an invoice monthly to the District Director of Internal Revenue for
all fees accrued during the billing period. [, and shall pay over
such fees to the state treasurer for deposit in the general fund.]
Sec. 6. NRS 225.110 is hereby amended to read as
follows:
225.110 1. The secretary of
state is invested with all the duties, powers, purposes, responsibilities and
jurisdiction of the photocopy room. He shall be responsible for its management
and he shall administer all of its activities.
2. The secretary of state may have such
technical and operational staff as the execution of the work in the photocopy
room may require.
3. The secretary of state is authorized to
collect such fees as may be provided by law for photocopies, microfilming and
other work performed in the photocopy room. [, and such fees shall be
deposited in the general fund.] He may accept contributions of
photocopy paper, chemicals, microfilm and other supplies
from other state departments and agencies and from the various political
subdivisions and may charge a reasonable fee for services performed for such
departments, agencies and subdivisions.
κ1979 Statutes of Nevada, Page 77 (CHAPTER
61, SB 35)κ
microfilm and other supplies from other state departments
and agencies and from the various political subdivisions and may charge a
reasonable fee for services performed for such departments, agencies and
subdivisions.
4. Funds to carry out the provisions of
this section shall be provided by legislative appropriation from the general
fund, and shall be paid out on claims against the fund of the office of the secretary
of state as other claims against the state are paid. All claims shall be
approved by the secretary of state before they are paid.
Sec. 7. NRS 225.140 is hereby
amended to read as follows:
225.140 1. In addition to
other fees authorized by law, the secretary of state, for services [performed by him in
matters] relating to his official duties and the records of his
office, shall charge and collect the following fees for the use of the state:
For a written
copy of any law, joint resolution, transcript of record, or other paper on file
or of record in his office, per folio............................................ $0.25
For certifying to
any such copy and use of the state seal, for each impression 5.00
For filing and
recording trade-marks and names....................................... 25.00
For the delivery
of a duly attested certificate of the record of filing any label, trade-mark or
form of advertisement, as provided by NRS 600.010..... 5.00
For each passport
or other document signed by the governor and attested by the secretary of state............................................................................... 10.00
For filing power
of attorney.......................................................................... 10.00
2. The secretary of state shall charge a
reasonable fee for searching records and archives of the state and other
records and documents kept in his office.
3. The secretary of state is required to
collect the fees specified in this section in all cases, whether the services
rendered are to a person, firm, corporation or association. [, and pay the same
into the state treasury for the use and benefit of the general fund.]
4. The secretary of state shall neither
charge nor collect any filing or other fees:
(a) For services rendered by him to the State of
Nevada or any county, city or town thereof, or any officer thereof in his
official capacity or respecting his office or official duties.
(b) For attesting extradition papers or
executive warrants for other states.
(c) For any other commission or appointment
issued or made by the governor, either for the use of the state seal or
otherwise.
Sec. 8. NRS 240.030 is hereby
amended to read as follows:
240.030 1. Each notary
public shall:
(a) Before entering upon the duties of his
office and at the time he receives his commission, pay to the secretary of
state the sum of $25. [for the state general fund.]
(b) Take the official oath as prescribed by law,
which oath shall be endorsed on his commission.
(c) Enter into a bond to the State of Nevada in
the sum of $2,000, to be approved by the clerk of the
county for which the notary public may be appointed.
κ1979
Statutes of Nevada, Page 78 (CHAPTER 61, SB 35)κ
to be approved by the clerk of the county for which the
notary public may be appointed.
2. The bond, together with the oath of
office, shall be filed and recorded in the office of the county clerk of the
county.
Sec. 9. NRS 240.180 is hereby
amended to read as follows:
240.180 Before any commission [shall be] is delivered to any appointee under the provisions of
NRS 240.170 to 240.220, inclusive, a fee of $25 on the commission, exclusive of
other legal charges thereon, shall be paid therefor to the secretary of state. [, and shall be accounted for by him and paid into the general
fund of the State of Nevada.]
Sec. 10. NRS 240.270 hereby
amended to read as follows:
240.270 1. Each commissioned
abstractor, before entering upon the acts authorized in NRS 240.240 to 240.330,
inclusive, and at the time he receives his commission, shall:
(a) Pay to the secretary of state the sum of $10. [for the general fund.]
(b) Take the official oath as prescribed by law,
which oath shall be endorsed on his commission.
(c) Enter into a bond to the State of Nevada in
the sum of $2,000, to be approved by the district judge of the county for which
the commissioned abstracter may be appointed.
2. Each commissioned abstracter shall
have his commission, together with the bond, recorded in the office of the
clerk of the county for which he has been appointed.
Sec. 11. There
is hereby appropriated from the state general fund to the revolving account
created by section 2 of this act the sum of $1,500.
________
CHAPTER 62, SB 77
Senate Bill
No. 77Senators Glaser, Don Ashworth, Keith Ashworth, Blakemore, Close, Dodge,
Echols, Faiss, Ford, Gibson, Hernstadt, Jacobsen, Kosinski, McCorkle, Neal,
Raggio, Sloan, Wilson and Young
CHAPTER 62
AN ACT relating to the property tax;
eliminating the tax on certain personal property through annual reductions; and
providing other matters properly relating thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
361 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.
Sec. 2. 1. This section applies to:
(a) Personal property
held for sale by a merchant;
(b) Personal property
held for sale by a manufacturer;
(c) Raw materials and
components held by a manufacturer for manufacture into products, and supplies to
be consumed in the process of manufacture; and
(d) Livestock held for
business purposes.
κ1979
Statutes of Nevada, Page 79 (CHAPTER 62, SB 77)κ
2. The personal
property described in subsection 1 must be assessed as follows:
(a) In the fiscal year
1979-80, at 28 percent of its full cash value;
(b) In the fiscal year
1980-81, at 21 percent of its full cash value;
(c) In the fiscal year
1981-82, at 14 percent of its full cash value; and
(d) In the fiscal year
1982-83, at 7 percent of its full cash value.
Sec. 3. The
following personal property is exempt from taxation:
1. Personal
property held for sale by a merchant;
2. Personal
property held for sale by a manufacturer;
3. Raw materials
and components held by a manufacturer for manufacture into products, and
supplies to be consumed in the process of manufacture; and
4. Livestock held
for business purposes.
Sec. 4. NRS 361.225 is hereby
amended to read as follows:
361.225 [All] Except as otherwise
provided in section 2 of this act, all property subject to taxation [shall] must be assessed at 35 percent of its full cash value.
Sec. 5. NRS 361.225 is hereby
amended to read as follows:
361.225 [Except as otherwise provided in section 2 of this act, all]
All property subject to taxation must be assessed
at 35 percent of its full cash value.
Sec. 6. NRS 361.227 is hereby
amended to read as follows:
361.227 1. Any person
determining the full cash value of real property shall compute that value by
using each of the following factors for which information is available and
shall give such weight to each applicable factor as, in his judgment, is
proper:
(a) The estimate of the value of the vacant
land, plus any improvements made and minus any depreciation computed according
to the estimated life of the improvements.
(b) The market value of the property, as
evidenced by:
(1) Comparable sales in the vicinity;
(2) The price at which the property was
sold to the present owner; and
(3) The value of the property for the use
to which it was actually put during the fiscal year of assessment.
(c) The value of the property estimated by
capitalization of the fair economic income expectancy.
2. The county assessor shall, upon
request of the owner, furnish within 15 days to the owner a copy of the most
recent appraisal of the property.
[3. In determining the full cash value of a
merchants or dealers stock in trade, the county assessor shall use the
average value over the 12 months immediately preceding the date of assessment.
For this purpose, the county assessor may require from the merchant or dealer a
verified report of the value of his stock in trade at any time or reasonable
number of times during the year.]
Sec. 7. NRS 361.247 is hereby
amended to read as follows:
361.247 1. Between July 1
and July 15 of each year, each owner of taxable
livestock shall file with the county assessor of the county in which his
principal place of livestock business is located the statement required by NRS
361.265. In the statement, the owner shall declare:
κ1979
Statutes of Nevada, Page 80 (CHAPTER 62, SB 77)κ
(a) The number, kind and classification of all
taxable livestock in the State of Nevada owned by him on the date of the
statement.
(b) His plan of livestock operation during the
current fiscal year, including the number, kind and classification of taxable livestock he plans to own from time to time
during the fiscal year and their anticipated location in the State of Nevada
during the fiscal year.
2. The county assessor with whom the
statement is filed shall deliver to the county assessor of each county in which
the owner declares that any of his taxable
livestock will be located during the fiscal year a certified copy of the
statement.
3. The taxable
livestock which the owner declares will be located in a particular county [shall] must be assessed by the county assessor of such county
on a pro rata basis for each month or major portion thereof during which the
owner anticipates the livestock will be located in such county. No county
assessor [shall]
may assess livestock at a value greater than the
portion of the total assessed value for the current fiscal year attributable to
the number of months the livestock will be located in his county.
4. In the statement required by
subsection 1, the owner shall also declare the actual number, kind and
classification of taxable livestock he owned from
time to time during the preceding fiscal year and their actual location in the
State of Nevada during such fiscal year. If the actual number is less than the
number declared in the statement filed by the owner for the preceding fiscal year,
the excess of taxes paid by the owner [shall] must be
credited to the owner against his tax for the then current fiscal year. If the
actual number is greater than the number declared in the statement filed for
the preceding fiscal year, the owner shall pay, upon demand by the county
assessor, the additional tax due. The amount of such additional tax [shall be] is determined by applying the same tax rate which was
applied in determining the amount of tax on the taxable
livestock estimated by the owner, and the additional tax collected [shall] must be distributed among the taxing entities in the
same manner as the taxes collected pursuant to the underestimate of the owner.
5. Nothing in this section [shall be constructed to
limit] limits the right of any
county assessor to verify the number of taxable
livestock of any owner by any reasonable means, including actual count at any
reasonable time.
Sec. 8. NRS 361.260 is hereby
amended to read as follows:
361.260 1. Between July 1
and December 15 in each year, the county assessor, except when otherwise
required by special enactment, shall ascertain by diligent inquiry and
examination all real and personal property in his county subject to taxation,
and also the names of all persons, corporations, associations, companies or
firms owning the [same.]
property. He shall then determine the full cash
value of all such property and he shall then list and assess [the same at 35 percent
of its full cash value] it to the
person, firm, corporation, association or company owning it.
2. In arriving at the value of all public
utilities of an intracounty nature, the intangible or franchise element [shall] must be considered as an addition to the physical value
and a portion of the full cash value.
3. In addition to the inquiry and examination
required in subsection 1, the county assessor shall
appraise property using standards approved by the department and reappraise all
property at least once every 5 years thereafter using the same standards.
κ1979
Statutes of Nevada, Page 81 (CHAPTER 62, SB 77)κ
1, the county assessor shall appraise property using
standards approved by the department and reappraise all property at least once
every 5 years thereafter using the same standards. Such appraisals and
reappraisals at 5-year intervals [shall] must be
accepted as the examination required under subsection 1, for the intervening 4
years.
Sec. 9. NRS 361.310 is hereby
amended to read as follows:
361.310 1. On or before
January 1 of each year, the county assessor of each of the several counties
shall complete his tax list or assessment roll, and shall take and subscribe to
an affidavit written therein to the effect that he has made diligent inquiry
and examination to ascertain all the property within the county subject to
taxation, and required to be assessed by him, and that he has assessed the [same] property on the assessment roll equally and uniformly,
according to the best of his judgment, information and belief, at [35 percent of its full
cash value.] the rate provided by law.
A copy of such affidavit [shall] must be
filed immediately by the assessor with the department. The failure to take or
subscribe to such affidavit [shall] does not in
any manner affect the validity of any assessment contained in the assessment
roll.
2. The county assessor may close his roll
as to changes in ownership of property on December 1 of each year or on any
other date which may be approved by the board of county commissioners.
Sec. 10. NRS 361.333 is hereby
amended to read as follows:
361.333 1. Not later than
May 1 of each year, the department shall:
(a) Determine the ratio of the assessed value of
each type or class of property for which the county assessor has the
responsibility of assessing in each county to:
(1) The assessed value of comparable
property in the remaining counties.
(2) The full cash value of such type or
class of property within that county.
(b) Publish and certify to the county assessors
and the boards of county commissioners of the counties of this state:
(1) The average ratio of assessed
valuation to the full cash value of property in each county and the state.
(2) The adjusted average ratio of
assessed valuation to the full cash value of property in each county.
The department may take into account the interval between
the current determination and the last assessment of property by the county
assessor, and it may appropriately discount or otherwise adjust the full cash
valuation determined by it or take any other appropriate action.
2. The ratio study [shall] must be conducted on nine counties in one year and
eight counties in the next year with the same combination of counties being
tested in alternate years.
3. The formulas and standard procedures
used by the department in conducting the ratio study [shall] must
include a random sampling of property and sales and the use of the mean,
median, standard deviation and any other statistical criteria that will
indicate an accurate ratio of full cash value to assessed value and an accurate
measure of assessment equality. The formulas and standard procedures [shall become]
are the mandatory formulas and procedures to be
used by the county assessors.
κ1979
Statutes of Nevada, Page 82 (CHAPTER 62, SB 77)κ
4. During the month of May of each year,
the Nevada tax commission shall meet with the board of county commissioners and
the county assessor of each county. The board of county commissioners and the
county assessor shall:
(a) Present evidence to the Nevada tax
commission of the steps taken to insure that all property subject to taxation
within the county has been assessed [at 35 percent of its full cash value] as
required by law.
(b) Demonstrate to the Nevada tax commission that
any adjustments in assessments ordered in the preceding year as a result of the
appraisal procedure provided in paragraph (c) of subsection 5 have been complied
with.
5. At the conclusion of each meeting with
the board of county commissioners and the county assessor, the Nevada tax
commission shall:
(a) If it finds that all property subject to
taxation within the county has been assessed at [35 percent of its full cash value,] the proper percentage, take no further action.
(b) If it finds that any class of property, as
designated in the segregation of the tax roll filed with the secretary of the state
board of equalization pursuant to NRS 361.390, is assessed at less or more than
[35 percent of its
full cash value,] the proper percentage,
and if the board of county commissioners approves, order a specified percentage
increase or decrease in the assessed valuation of such class on the succeeding
tax list and assessment roll.
(c) If it finds the existence of underassessment
or overassessment wherein the ratio of assessed value to full cash value is
less than 30 percent or more than 37 1/2 percent within each of the several
classes of property of the county [,] which are required by
law to be assessed at 35 percent of their full cash value, or if the
board of county commissioners does not agree to an increase or decrease in
assessed value as provided in paragraph (b), order the board of county
commissioners to employ forthwith one or more qualified appraisers approved by
the department. The payment of such appraisers fees [shall be] is a
proper charge against the funds of the county notwithstanding that the amount
of such fees has not been budgeted in accordance with law. The appraisers shall
determine whether or not the county assessor has assessed all real and personal
property in the county subject to taxation at [35 percent of its full cash value as] the rate of assessment required by law. The appraisers
may cooperate with the department in making their determination if so agreed by
the appraisers and the department, and shall cooperate with the department in preparing
a report to the Nevada tax commission. The report to the Nevada tax commission [shall] must be made on or before October 1 following the date
of the order. If the report indicates that any real or personal property in the
county subject to taxation has not been assessed at [35 percent of its full cash value,] the rate required by law, a copy of the report [shall] must be transmitted to the board of county
commissioners by the department [prior to] before
November 1. The board of county commissioners shall then order the county
assessor to raise or lower the assessment of such property to [35 percent of its full
cash value] the rate required by law
on the succeeding tax list and assessment roll.
κ1979
Statutes of Nevada, Page 83 (CHAPTER 62, SB 77)κ
6. The Nevada tax commission may [promulgate]
adopt regulations reasonably necessary to carry
out the provisions of this section.
7. Any county assessor who refuses to
increase or decrease the assessment of any property pursuant to an order of the
Nevada tax commission or the board of county commissioners as provided in this
section is guilty of malfeasance in office.
Sec. 11. 1. Sections
3, 5 and 6 of this act shall become effective on July 1, 1983.
2. The remaining sections of this act
shall become effective on July 1, 1979.
3. Section 2 of this act shall expire by
limitation on July 1, 1983.
________
CHAPTER 63, SB 179
Senate Bill No.
179Senator Jacobsen
CHAPTER 63
AN ACT relating to the state forester
firewarden; authorizing him to provide meals to certain employees fighting fires
under specified circumstances; and providing other matters properly relating
thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
472 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
The state forester firewarden
may provide meals to employees of the division of forestry of the state
department of conservation and natural resources who are involved in emergency
fire fighting if he determines that it is impractical for the employees to eat
at home because of their duties in that emergency.
________
CHAPTER 64, SB 193
Senate Bill No. 193Committee
on Judiciary
CHAPTER 64
AN ACT relating to greyhound racing;
resolving a conflict concerning the authority of political subdivisions to
regulate greyhound racing; and providing other matters properly relating
thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
244.347 is hereby amended to read as follows:
244.347 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.
κ1979
Statutes of Nevada, Page 84 (CHAPTER 64, SB 193)κ
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.
2. An application for licensing under
this section [shall]
must 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] must have been approved by the county license board
before such license is issued. Not more than one such license [shall] may be issued and it [shall not be] is not
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
466.210 is hereby amended to read as follows:
466.210 1. The
provisions of this chapter are intended to be statewide and exclusive in their effect,
and no city, county or other political subdivision of this state [shall have the authority
or power to] may, except as provided in
NRS 244.347 or subsection 2 of this section, make or enforce any local
law, ordinance or regulation upon the subject of racing.
2. A county or a
city may prohibit greyhound racing outside or inside the corporate limits
respectively. A city whose charter so provides may permit greyhound racing.
Sec. 3. Section
2.330 of the charter of the City of Henderson, as added by chapter 366, Statutes
of Nevada 1973, and amended by chapter 294, Statutes of Nevada 1975, at page
397, is hereby amended to read as follows:
Sec. 2.330 Powers
of city council: Dog racing; licensing and regulation.
1. The city
council may license [and regulate] greyhound racing within the city.
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 city council before such
license is issued. Not more than one such license [shall] may be
issued and it [shall
not be] is not 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. 4. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 85κ
CHAPTER 65, AB 139
Assembly Bill No.
139Assemblyman Dini
CHAPTER 65
AN ACT relating to the inspector of mines;
authorizing him to accept and administer certain money; providing for certain
notification of mine operators; removing obsolete references; and providing
other matters properly relating thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
512.131 is hereby amended to read as follows:
512.131 1. The inspector of
mines [shall:
(a) Adopt, modify, amend
or repeal regulations formulated and proposed by the mining safety advisory
board as] may adopt any regulations for
mine health and safety he deems necessary and which are consistent with
the Federal [Metal
and Nonmetallic] Mine Safety and Health
Act (30 U.S.C. [§§
721-740),] §
801 et seq.), as amended.
[(b) Adopt all mandatory federal health and safety
standards promulgated by the Secretary of the Interior pursuant to the
provisions of the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740),
as amended.]
2. The inspector of mines shall forward a
copy of every regulation [or standard] adopted under this section to the
operator of each mine and to the representative of the workers, if any, at [such] the mine. Failure to receive a copy of [such regulation or
standard shall] the regulation does
not relieve anyone of the obligation to comply with [such regulations or standards.] it.
Sec. 2. NRS
512.151 is hereby amended to read as follows:
512.151 1. The
inspector of mines shall:
[1.] (a) Develop
and conduct programs for the education and
training of operators and workers in the recognition, avoidance and prevention
of accidents or unsafe or unhealthful working conditions in mines which are
subject to the provisions of this chapter; and
[2.] (b) To
the greatest extent possible, provide technical assistance to operators in
meeting the requirements of this chapter and in further improving the health
and safety conditions and practices in mines which are subject to the
provisions of this chapter.
[3.] (c) Collect
information and statistics relative to mines, mining and the minerals industry
of the state.
2. The inspector of mines may accept and administer grants and
other money received from any private or public source, including the Federal
Government, for the purposes of administering the provisions of this chapter.
Sec. 3. NRS
512.160 is hereby amended to read as follows:
512.160 1. Operators shall
maintain records and reports and shall submit, at least annually and at such
other times as the inspector of mines deems necessary, and in [such form as he may
prescribe,] the form he prescribes,
reports of production, employment, mine activity and status, accidents, bodily
injuries, loss of life, occupational illnesses and related data.
κ1979
Statutes of Nevada, Page 86 (CHAPTER 65, AB 139)κ
2. The inspector of mines shall compile,
keep and analyze and may publish, either in summary or detailed form, the
information obtained pursuant to the provisions of subsection 1.
3. Operators shall
notify the inspector of mines before opening and upon closing mine operations.
The notice must include the name and location of the mine, the name and address
of the operator, the name of the person in charge of the operation, a statement
of whether the operation will be continuous or intermittent, and upon closing, a
statement of whether the closing is temporary or permanent.
Sec. 4. NRS
512.195 is hereby amended to read as follows:
512.195 1. Notices and
orders issued pursuant to this chapter:
(a) [Shall] Must
contain a detailed description of the conditions or practices which cause and
constitute a situation of imminent danger or a violation of any health or
safety regulation or standard and, where appropriate, a description of the area
of the mine from which persons, equipment, machinery or apparatus must be
withdrawn and prohibited from entering, and a description of the equipment,
machinery or apparatus prohibited from being used or operated.
(b) [Shall] Must be in
writing and signed by the inspector of mines and given promptly to the operator
of the affected mine.
(c) May be modified, vacated or terminated by
the inspector of mines.
2. The inspector of mines shall furnish
immediately a copy of any notice or order issued pursuant to this chapter to
the operator and to a representative of the workers, if any, at the affected
mine.
3. If an order is issued pursuant to
subsection 1 of NRS 512.190 and the [Mining Enforcement and] Mine
Safety and Health Administration of the United
States Department of [the Interior] Labor
did not participate in the inspection on which [such] that order
is based, the inspector of mines shall notify the [Mining Enforcement and] Mine
Safety and Health Administration of the United
States Department of [the Interior that such] Labor
that the order has been issued.
________
CHAPTER 66, AB 207
Assembly Bill No.
207Committee on Judiciary
CHAPTER 66
AN ACT relating to annuity contracts; resolving
conflict concerning certain operative dates; and providing other matters
properly relating thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
688A.361 is hereby amended to read as follows:
688A.361 No contract of annuity [issued on or after July
1, 1977,] may be delivered or issued for delivery in this state
unless it contains in substance the following provisions, or corresponding
provisions which in the opinion of the commissioner are at least favorable to
the contract holder:
1. A statement that upon cessation of
payment of considerations under a contract, the company will grant a paid-up
annuity benefit on a plan stipulated in the contract of
such value as is specified in NRS 688A.3631 to 688A.3637, inclusive, and
688A.366 [.]
κ1979
Statutes of Nevada, Page 87 (CHAPTER 66, AB 207)κ
a plan stipulated in the contract of such value as is
specified in NRS 688A.3631 to 688A.3637, inclusive, and 688A.366 [.] ;
2. If a contract provides for a lump-sum
settlement at maturity or any other time, a statement that upon surrender of
the contract at or before the commencement of any annuity payments, the company
will pay in lieu of any paid-up annuity benefit a cash surrender benefit of an
amount specified in NRS 688A.3631, 688A.3633, 688A.3637 and 688A.366, and that
the company reserves the right to defer the payment of such cash surrender
benefit for a period of 6 months after demand therefor with surrender of the
contract [.]
;
3. A statement of the mortality table, if
any, and interest rates used in calculating any minimum paid-up annuity, cash
surrender or death benefits which are guaranteed under the contract, together
with sufficient information to determine the amounts of those benefits [.] ; and
4. A statement that any paid-up annuity,
cash surrender or death benefits which may be available under the contract are
not less than the minimum benefits required by any statute of the state in
which the contract is delivered and an explanation of the manner in which such
benefits are altered by the existence of any additional amounts credited by the
company to the contract, any indebtedness to the company on the contract or any
prior withdrawals from or partial surrenders of the contract,
except that any deferred annuity contract may provide that
if no considerations have been received under a contract for a period of 2 full
years, and the portion of the paid-up annuity benefit at maturity on the plan
stipulated in the contract arising from considerations paid before that period
which would be less than $20 monthly, the company may terminate the contract by
payment in cash of the then-present value of such portion of the paid-up
annuity benefit, calculated on the basis of the mortality table, if any, and
interest rate specified in the contract for determining the paid-up annuity
benefit, and by such payment shall be relieved of any further obligation under
the contract.
Sec. 2. NRS
688A.368 is hereby repealed.
Sec. 3. The
presence of the date in NRS 688A.361 did not invalidate the right of election
granted under NRS 688A.368.
________
CHAPTER 67, AB 215
Assembly Bill No.
215Committee on Judiciary
CHAPTER 67
AN ACT relating to dental examiners;
reconciling the number of members appointed to the board of dental examiners of
Nevada; and providing other matters properly relating thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
631.140 is hereby amended to read as follows:
631.140 Three of the members of the board
shall be from Washoe County. Three of the members of the board shall be from
Clark County.
κ1979
Statutes of Nevada, Page 88 (CHAPTER 67, AB 215)κ
[Three] Two of the
members of the board shall be from the state at large, including Washoe County
and Clark County.
________
CHAPTER 68, AB 247
Assembly Bill No. 247Committee
on Government Affairs
CHAPTER 68
AN ACT relating to the local government
purchasing act; enabling local governments to purchase motor vehicle fuel to
sell to nonprofit organizations which provide transportation specially for the
elderly or handicapped; and providing other matters properly relating thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
332 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. A governing
body may purchase motor vehicle fuel to sell to any public agency or
organization which is supported by tax money, and to any private agency or
organization which is incorporated as a nonprofit corporation pursuant to
chapter 81 of NRS, to use in specially providing transportation to the elderly
or handicapped.
2. The governing
body shall establish regulations for determining the eligibility of applicants
for fuel pursuant to this section.
________
CHAPTER 69, AB 283
Assembly Bill No.
283Committee on Transportation
CHAPTER 69
AN ACT relating to motor vehicles;
requiring persons operating vehicles required to be registered in this state to
provide security; providing a penalty; and providing other matters properly
relating thereto.
[Approved March 17, 1979]
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 or
required to be 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.
________
κ1979
Statutes of Nevada, Page 89κ
CHAPTER 70, AB 284
Assembly Bill No. 284Committee
on Transportation
CHAPTER 70
AN ACT relating to vehicles; extending the
optional registration of motortrucks by anniversary; clarifying the meaning of
fee for a certificate of title; and providing other matters properly relating
thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
482.206 is hereby amended to read as follows:
482.206 1. Except as
provided in subsection 3, every passenger car, travel trailer and motorcycle,
and every trailer or semitrailer having an [unladened] unladen
weight of 3,500 pounds or less, except a converter dolly, [shall,] must, and every motortruck [having an unladened weight of 5,000 or less pounds]
except one which is registered pursuant to NRS 706.801
to 706.861, inclusive, may, be registered for a period of 12 consecutive
months beginning the first day of the month after the first registration by the
owner in this state.
2. Every [other] vehicle [shall] not registered
pursuant to subsection 1 must be registered on a calendar year basis.
3. Upon the application of the owner of a
fleet of vehicles of a type referred to in subsection 1, the director may
permit such an owner to register [such] his fleet on
a calendar year basis.
4. When the registration of any of the
vehicles referred to in subsection 1 is transferred pursuant to NRS 482.3667 or
482.399, the expiration date of a regular license plate or plates, special
license plate or plates or substitute decal [shall,] must, at
the time of transfer of registration, be [updated] advanced
for a period of 12 consecutive months beginning the first day of the month
after the transfer, and a credit on the portion of the registration fee and
privilege tax attributable to the remainder of the current registration period [shall be]
allowed according to the applicable provisions of NRS 482.3667 and 482.399.
Sec. 2. NRS
482.429 is hereby amended to read as follows:
482.429 For its services under [NRS 482.427 or 482.428,]
this chapter, the department shall charge and
collect a [single]
fee of $2 [from the
owner.] for each certificate of title
issued.
________
CHAPTER 71, AB 288
Assembly Bill No.
288Committee on Government Affairs
CHAPTER 71
AN ACT relating to cities incorporated
under general law and to the City of Yerington; changing requirement for
publishing ordinances; and providing other matters properly relating thereto.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
266.115 is hereby amended to read as follows:
266.115 1. The style of
ordinances shall be as follows: The City Council of the City of
......................... do ordain. All proposed ordinances,
when first proposed, [shall] must be read by title to the city council and may
be referred to a committee of any number of the members of the council for
consideration, after which at least one copy of the ordinance [shall] must be
filed with the city clerk for public examination.
κ1979
Statutes of Nevada, Page 90 (CHAPTER 71, AB 288)κ
ordinances, when first proposed, [shall] must be
read by title to the city council and may be referred to a committee of any
number of the members of the council for consideration, after which at least
one copy of the ordinance [shall] must be
filed with the city clerk for public examination. Notice of [such filing shall]
the filing, together with an adequate summary of the
ordinance, must be published once in a newspaper published in the city,
if any there be, otherwise in some newspaper published in the county and having
a general circulation in the city, at least 1 week [prior to] before
the adoption of the ordinance. The city council shall adopt or reject the
ordinance, or the ordinance amended, within 30 days [from] after the
date of [such]
publication, except that in cases of emergency, by unanimous consent of the
whole council, final action may be taken immediately or at a special meeting
called for that purpose.
2. At the next regular or adjourned
meeting of the council following the proposal of an ordinance and its reference
to committee, the committee shall report the ordinance back to the council, and
thereafter it [shall]
must be read in full as first introduced, or if
amended, as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action [thereon] on it postponed.
3. After final adoption the ordinance [shall] must be signed by the mayor, and, together with the
votes cast [thereon,]
on it, shall be: [published]
(a) Published by title,
together with an adequate summary including any amendments, once in a
newspaper published in the city, if any there be, otherwise in [some] a newspaper published in the county and having a
general circulation in the city [.] ; and
(b) Posted in full in the
city hall. [Twenty
days after such publication the same shall]
The ordinance must go into
effect [,]
20 days after its publication, except emergency
ordinances which may be effective immediately.
Sec. 2. Section 2.100
of the charter of the City of Yerington, being chapter 465, Statutes of Nevada
1971, at page 905, is hereby amended to read as follows:
Sec. 2.100 Ordinances:
Enactment procedure; emergency ordinances.
1. All proposed
ordinances when first proposed [shall] must be
read to the city council by title and referred to a committee for
consideration, after which an adequate number of copies of the proposed
ordinance [shall]
must be filed with the city clerk for public
inspection. Except as otherwise provided in subsection 3, notice of such filing
[shall]
, together with an adequate summary of the ordinance,
must be published once in a newspaper qualified pursuant to the
provisions of chapter 238 of NRS, as amended from time to time, and published
in the city at least 1 week prior to the adoption of the ordinance. The city
council shall adopt or reject the ordinance or an amendment thereto, within 30
days [from]
after the date of [such] publication.
2. At the next
regular meeting or adjourned meeting of the city council following the proposal
of an ordinance and its reference to committee, [such] the
committee shall report [such] the
ordinance back to the city council.
κ1979
Statutes of Nevada, Page 91 (CHAPTER 71, AB 288)κ
back to the city council.
Thereafter, it [shall]
must be read as first introduced, or as amended,
and thereupon the proposed ordinance [shall] must be
finally voted upon or action [thereon] on it
postponed.
3. In cases of
emergency or where the ordinance is of a kind specified in section 7.030, by
unanimous consent of the city council, final action may be taken immediately or
at a special meeting called for that purpose, and no notice of the filing of
the copies of the proposed ordinance with the city clerk need be published. The
determination of the city council that an emergency exists [shall be] is conclusive upon all persons, and the city council [shall not be]
is not required to set forth the nature of the
emergency in any ordinance adopted as an emergency ordinance, in the minutes of
the city council or otherwise.
4. All
ordinances [shall]
must be signed by the mayor, attested by the city
clerk, and [shall]
must be published [in full,] by title,
together with the names of the councilmen voting for or against passage [,] and an adequate summary of the ordinance including any
amendments, in a newspaper qualified pursuant to the provisions of
chapter 238 of NRS, as amended from time to time, and published in the city for
at least one publication, before the ordinance [shall become] becomes
effective.
5. The city
clerk shall record all ordinances in a book kept for that purpose, together
with the affidavits of publication by the publisher.
________
CHAPTER 72, AB 374
Assembly Bill No.
374Assemblymen Mello, May and Dini
CHAPTER 72
AN ACT to amend an act entitled An Act
relating to the settlement of intergovernmental payments; requiring the state
controller and the board of county commissioners of certain counties to make an
agreement for such transfers; requiring the state controller and the board of
county commissioners to prepare a report for the legislative commission
evaluating any savings realized by using such transfers; and providing other
matters properly relating thereto, approved April 19, 1977.
[Approved March 17, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Sections
2 and 3 of the above-entitled act, being chapter 207, Statutes of Nevada 1977,
at page 387, are hereby amended to read as follows:
Sec. 2. On
or before October 1, [1978,] 1980, the
state controller and the board of county commissioners shall prepare and
present to the legislative commission a report containing an evaluation of any
savings effected by the method or methods of transfer used pursuant to section
1 of this act as compared to the method or methods required by other laws and including any recommendations for appropriate
legislation.
κ1979
Statutes of Nevada, Page 92 (CHAPTER 72, AB 374)κ
laws and including any recommendations for appropriate
legislation. The report shall include a statement by the legislative auditor
concerning the evaluation contained in the report.
Sec. 3. This
act and any agreement entered into by a board of county commissioners and the
state controller pursuant to section 1 of this act shall expire by limitation
on June 30, [1979.] 1981.
________
CHAPTER 73, AB 194
Assembly Bill No.
194Assemblymen Bennett and Chaney
CHAPTER 73
AN ACT relating to barbers and barbering;
raising the limit on the salary of the secretary-treasurer of the state
barbers health and sanitation board; increasing certain fees; changing
provisions relating to the discipline of barbers; and providing other matters
properly relating thereto.
[Approved March 20, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
643.030 is hereby amended to read as follows:
643.030 1. The board shall
elect a president. No person [shall] may serve
as president for more than 4 consecutive years.
2. The board shall elect a vice
president.
3. The board shall elect a
secretary-treasurer, who may or may not be a member of the board. The board
shall fix the salary of the secretary-treasurer, which shall not exceed the sum
of [$1,200]
$2,400 per year.
4. Each officer and member of the board [shall be] is entitled to receive:
(a) A salary of not more than $40 per day, as
fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging,
not to exceed $25 per day, and actual expenses for transportation, while
traveling on business of the board.
5. The secretary-treasurer shall:
(a) Keep a record of all proceedings of the
board.
(b) Give to the state a bond in the sum of
$2,000, with sufficient sureties, for the faithful performance of his duties.
The bond shall be approved by the board.
Sec. 2. NRS
643.140 is hereby amended to read as follows:
643.140 1. Every registered
barber and every registered apprentice who continues in active practice or
service shall annually, on or before April 1 of each year, renew his
certificate of registration and pay the required fee.
[, and shall file a
certificate in the manner provided in subsection 5 of NRS 643.090, certifying
that he is free from tuberculosis and other communicable diseases.]
The board shall fix the annual renewal license fee, which shall not be more
than [$10.]
$20. Every certificate of registration which has
not been renewed during the month of April in any year [shall expire] expires
on May 1 in that year.
κ1979
Statutes of Nevada, Page 93 (CHAPTER 73, AB 194)κ
2. A registered barber or a registered
apprentice whose certificate of registration has expired may have his certificate
restored immediately upon payment of the required restoration fee at any time
within 2 years after the expiration of his certificate of registration. The
board shall fix the restoration fee, which shall not be more than [$20.] $40.
Sec. 3. NRS
643.160 is hereby amended to read as follows:
643.160 The board may either refuse to
issue or renew, or may suspend or revoke, any certificate of registration for
any of the following causes:
1. Conviction of a felony.
2. Malpractice or incompetency.
3. Continued practice by a person
knowingly having an infectious or contagious or communicable disease.
4. Advertising, practicing or attempting
to practice under anothers name or anothers trade name.
5. Habitual drunkenness or habitual
addiction to the use of a controlled substance as defined in chapter 453 of
NRS.
6. Violation of any of the provisions of [NRS 643.200]
this chapter or any of the [sanitary regulations of
this chapter or those promulgated by the board.] regulations adopted by the board.
Sec. 4. NRS
643.1714 is hereby amended to read as follows:
643.1714 1. The fee for an
inspection [, a
license and the renewal of any license shall not exceed $5.] is $25. The fee for a license to operate a barbershop or for
the renewal of the license shall not exceed $15.
2. Each license to operate a barbershop
shall be renewed annually. Each such license which has not been renewed in
April of any year expires on May 1 of that year. An expired license may be [reinstated]
restored upon payment of:
[a fee of $5.]
(a) The license fee; and
(b) A restoration fee
which shall not exceed $30.
Sec. 5. NRS
643.1717 is hereby amended to read as follows:
643.1717 1. The board may
immediately suspend a license to operate a barbershop for violation of any of
the applicable provisions of this chapter [,] or regulations adopted
by the board until the violation is cured.
2. The board may suspend
or revoke a license to operate a barbershop [after such license has been suspended three times]
for a violation of the provisions of this chapter or any
regulation adopted by the board if the board first gives the licensee 20
days written notice of the proposed suspension or revocation
and affords [such]
the licensee a proper hearing.
3. [Whenever] When a
license to operate a barbershop has been suspended or revoked for a violation
of the [sanitary]
provisions of this chapter or the sanitary requirements of the board, the board
shall post a notice on the shop stating the fact of suspension or revocation
and the reason therefor.
Sec. 6. This
section and sections 1, 2 and 4 of this act shall become effective upon passage
and approval.
________
κ1979
Statutes of Nevada, Page 94κ
CHAPTER 74, AB 280
Assembly Bill No.
280Committee on Transportation
CHAPTER 74
AN ACT relating to drivers licenses;
clarifying a provision which requires the signature of a responsible person on
a minors application; and providing other matters properly relating thereto.
[Approved March 21, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
483.300 is hereby amended to read as follows:
483.300 1. The application
of any person under the age of 18 years for an instruction permit or drivers
license [shall]
must be signed and verified, before a person
authorized to administer oaths: [, by either or both the
father or mother of the applicant, if either or both are living and have
custody of him, or in the event neither parent is living, then by the person or
guardian having such custody, or by an employer of such minor, or in the event
there is no guardian or employer, then]
(a) By the applicants
parent who has custody of him or by either parent if both have custody of him;
(b) If neither parent has
custody of him or if neither parent is living, by the person who has custody of
him;
(c) If neither parent has
custody of him or if neither is living and he has no custodian, by his
employer; or
(d) If neither parent has
custody of him or if neither is living and he has no custodian or employer,
by any responsible person who is willing to assume the obligation imposed under
NRS 483.010 to 483.630, inclusive, upon a person signing the application of a
minor.
2. Any negligence or willful misconduct
of a minor under the age of 18 years when driving a motor vehicle upon a
highway shall be imputed to the person who has signed the application of such
minor for a permit or license, which person shall be jointly and severally
liable with such minor for any damages caused by such negligence or willful
misconduct.
________
CHAPTER 75, AB 282
Assembly Bill No. 282Committee
on Transportation
CHAPTER 75
AN ACT relating to license plates for
vehicles; providing a new registration code for license plates; and providing
other matters properly relating thereto.
[Approved March 21, 1979]
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.
κ1979
Statutes of Nevada, Page 95 (CHAPTER 75, AB 282)κ
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] are made, but each license plate [shall] must be of sufficient size to be plainly readable from
a distance of 100 feet during daylight. All license plates [shall] must be treated 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] must 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] must 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]
must 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;
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, 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.
κ1979
Statutes of Nevada, Page 96 (CHAPTER 75, AB 282)κ
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] must 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] must be used for Carson City and each county as the
need may be.
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. The department
shall determine the position and order of the letters and numbers on the
license plates for distribution in the state.
8. All
letters and numbers [shall] must 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. NRS
482.273 is hereby amended to read as follows:
482.273 1. The director
shall order the preparation of vehicle license plates for trucks in the same
manner as provided for [passenger cars]
motor vehicles in NRS 482.270.
2. The registration numbers assigned to
trucks, after January 1, 1970, [shall] must be
coded for Carson City and the several counties. [and consecutively
numbered.] The code letters and numbers assigned [shall] must be as follows:
Carson City, OA0001 to OZ9999, inclusive;
Churchill, AA0001 to AZ9999, inclusive;
Clark, BA0001 to BZ9999, inclusive, and when exhausted
YA0001 to [YZ0001,]
YZ9999, inclusive;
Douglas, DA0001 to DZ9999, inclusive, except DS001 to
DS9999, inclusive;
Elko, EA0001 to EZ9999, inclusive, except EL0001 to EL9999,
inclusive;
Esmeralda, FA0001 to FZ9999, inclusive;
Eureka, GA0001 to GZ9999, inclusive;
Humboldt, HA0001 to HZ9999, inclusive, except HU0001 to
HU9999, inclusive;
Lander, JA0001 to JZ9999, inclusive;
Lincoln, KA0001 to KZ9999, inclusive;
Lyon, LB0001 to LZ9999, inclusive;
Mineral, MA0001 to MZ9999, inclusive, except MN0001 to
MN9999, inclusive;
Nye, NA0001 to NZ9999, inclusive, except NY0001 to NY9999,
inclusive;
Pershing, PA0001 to PZ9999, inclusive, except PE0001 to
PE9999, inclusive;
Storey, SA0001 to SZ9999, inclusive;
Washoe, WA0001 to WZ9999, inclusive, XA0001 to XZ9999,
inclusive, except XO0001 to [XO09999,] XO9999,
inclusive; and
White Pine, ZA0001 to ZZ9999, inclusive.
κ1979
Statutes of Nevada, Page 97 (CHAPTER 75, AB 282)κ
3. Any license plates issued for a truck
prior to July 1, 1971, bearing a different designation than that provided for
in this section, are valid during the period for which such plates, including
extensions by sticker, by replacement, or both, were issued.
Sec. 3. NRS
482.274 is hereby amended to read as follows:
482.274 1. The director
shall order the preparation of vehicle license plates for trailers in the same
manner provided for [passenger cars]
motor vehicles in NRS 482.270.
2. The registration numbers assigned to
trailers, on or after July 1, 1975, [shall be comprised] must consist of one letter and five numbers. The
position of the letter and numbers [shall] must be
established for statewide use by the department.
3. Any license plates issued for a
trailer [prior to]
before July 1, 1975, bearing a different
designation from that provided for in this section, [shall be] are valid
during the period for which such plates were issued.
Sec. 4. The
director of the department of motor vehicles may recall any prestige plates
which conflict with new codes and issue, free of charge, new prestige plates
with different letters or numbers.
Sec. 5. The
director of the department of motor vehicles shall order the preparation of
license plates manufactured after the effective date of this section in
accordance with the registration code provided for by this act.
Sec. 6. 1. Section
5 of this act and this section shall become effective upon passage and
approval.
2. The remaining sections of this act
shall become effective on January 1, 1980.
________
CHAPTER 76, SB 141
Senate Bill No.
141Committee on Human Resources and Facilities
CHAPTER 76
AN ACT relating to meetings of state and
local agencies; requiring that persons responsible for such meetings make
reasonable efforts to accommodate physically handicapped persons; and providing
other matters properly relating thereto.
[Approved March 21, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
241.020 is hereby amended to read as follows:
241.020 1. Except as
otherwise specifically provided by statute, all meetings of public bodies shall
be open and public, and all persons shall be permitted to attend any meeting of
these bodies. Public officers and employees responsible
for these meetings must make reasonable efforts to assist and accommodate physically handicapped persons
desiring to attend.
2. Except in an emergency, written notice
of all meetings shall be given at least 3 working days
before the meeting.
κ1979
Statutes of Nevada, Page 98 (CHAPTER 76, SB 141)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.
________
CHAPTER 77, SB 168
Senate Bill No.
168Committee on Government Affairs
CHAPTER 77
AN ACT relating to governmental surplus
property; broadening the provisions for the purchase of that property among
governmental entities; and providing other matters properly relating thereto.
[Approved March 21, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
334.030 is hereby amended to read as follows:
334.030 1. The purpose of this
section is to permit [state and local
governmental units] any governmental
entity to take full advantage of the
available [federal] surplus
properties [.] of any other governmental entity.
2. [The state,
or any department, division, bureau, commission, board, authority, agency or
political subdivision thereof,] Any
governmental entity may enter into any contract with [the United States of America or with any agency thereof]
any other governmental entity for the purchase of
any equipment, supplies, materials or other property, real or personal, without
regard to provisions of law which require:
(a) The posting of notices or public advertising
for bids or of expenditures.
(b) The inviting or receiving of competitive
bids.
(c) The delivery of purchases before payment,
and without regard to any provision of law which would, if observed, defeat the
purpose of this section.
κ1979
Statutes of Nevada, Page 99 (CHAPTER 77, SB 168)κ
3. In making any such contract or
purchase the purchaser is authorized to accept any condition imposed pursuant
to federal, state or local
law as a part of the contract.
4. The governing body or executive
authority, as the case may be, of any [department, division, bureau, commission, board, authority,
agency or political subdivision of the state] governmental entity may designate by appropriate
resolution or order any officeholder or employee of its own to enter a bid or
bids in its behalf at any sale of any equipment, supplies, material or other personal property, [real or personal,]
owned by [the
United States of America or any agency thereof] any other governmental entity and may authorize that
person to make any down payment or payment in full required in connection with
such bidding.
5. Any provisions of any law, charter,
ordinance, resolution, bylaws, rule or regulation which are inconsistent with
the provisions of this section are suspended to the extent such provisions are
inconsistent herewith.
Sec. 2. NRS 332.206 is hereby repealed.
________
CHAPTER 78, SB 171
Senate Bill No.
171Committee on Government Affairs
CHAPTER 78
AN ACT relating to public finance;
revising the designations of various accounts and funds; relaxing limitations
on the use of the insurance division national association fund; and providing
other matters properly relating thereto.
[Approved March 21, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
228 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. The attorney
generals special fund is hereby created as a special revenue fund.
2. Except as
otherwise provided by NRS 598A.260, all money received by the attorney general
pursuant to those provisions of law relating to private investigators and to
recoveries for unfair trade practices must be deposited in the state treasury
for credit to the attorney generals special fund.
3. All claims
against the fund must be paid as other claims against the state are paid.
Sec. 2. Chapter
232 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. The department
of general services operating fund is hereby created as an intragovernmental
service fund.
2. The operating
budget of each division of the department of general services must include an
amount representing that divisions share of the operating costs of the
directors office and the central accounting function of the department. This
amount must be transferred to the operating fund
from the appropriation made to that division from the state general fund.
κ1979
Statutes of Nevada, Page 100 (CHAPTER 78, SB 171)κ
fund from the appropriation made to
that division from the state general fund.
3. All money
received by the directors office, including that received for the central
accounting services of the department, must be deposited in the state treasury
for credit to the operating fund.
4. All expenses of
the directors office and the central accounting function of the department
must be paid from the fund as other claims against the state are paid.
Sec. 3. Chapter
353 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. There is hereby
created the revenue sharing trust fund which must be administered by the chief.
All money received by the State of Nevada pursuant to the Act of Congress
entitled State and Local Fiscal Assistance Act of 1972, being Public Law
92-512, 86 Stat. 919, and all interest earned on the deposit or investment of
that money must be deposited in the fund.
2. Money deposited
in the revenue sharing trust fund may be expended only for those purposes
determined by the legislature.
3. All claims
against the fund must be paid as other claims against the state are paid.
Sec. 4. NRS 119.150 is hereby amended to read
as follows:
119.150 1. The division
shall, [prior to] before issuing any license under this chapter to any
person, [or broker,] fully investigate all information
placed before it as may be required pursuant to this chapter and, if in the
judgment of the division it is necessary, [shall] inspect the property which is the subject
of the application. All reasonable expenses incurred by the division in
carrying out [such] the investigation or inspection [shall] must be paid by the applicant and no license [shall] may be issued until [such] those
expenses have been fully paid.
2. Payments received by the division
pursuant to this section [shall] must be
deposited in [an investigative account.] the state treasury for credit to the real estate
investigative fund which is hereby created as a special revenue fund.
The administrator shall use this [account]
fund to pay the [reasonable]
expenses of agents and employees of the division in making the investigation
under this section. [for
which the payments were received.] The administrator may advance
money for [such] those expenses when appropriate.
3. Each expenditure from the
investigative [account shall be audited, allowed
and] fund must be paid as other
claims against the state are paid.
Sec. 5. NRS
213.126 is hereby amended to read as follows:
213.126 1. The board may
impose as a condition of parole, in appropriate circumstances, a requirement
that the parolee make restitution to the person or persons named in the
statement of parole conditions, at the times and in the amounts specified in [such] the
statement.
2. All money
received by the department for restitution for:
(a) One victim may; and
(b) More than one victim
must,
be deposited in the state treasury
for credit to the restitution trust fund which is hereby created. All payments
from the fund must be paid as other claims against the state are paid.
3. Failure to comply with a restitution
requirement imposed by the board is a violation of a
condition of parole unless the parolees failure was caused by economic
hardship resulting in his inability to pay the amount due.
κ1979
Statutes of Nevada, Page 101 (CHAPTER 78, SB 171)κ
board is a violation of a condition of parole unless the
parolees failure was caused by economic hardship resulting in his inability to
pay the amount due. The defendant is entitled to a hearing to show the
existence of [such] that hardship.
Sec. 6. NRS
213.145 is hereby amended to read as follows:
213.145 1. A parolees
revolving loan [fund] account in the sum of $2,500 is hereby created for the
use of the board.
2. The [fund
shall] account must be under the
control of the chief parole and probation officer, who shall use the [fund] account to
provide loans to individual parolees in an amount not to exceed $300 to assist
in purchasing job tools or equipment, transportation to home or job or for food
and rent until a steady income can be obtained. [Such]
These loans may be made at a rate of interest not
to exceed 4 percent.
3. Terms of repayment [shall] must be
established at the time of making the loan but the chief parole and probation
officer may alter the terms if the best interests of the parolee and the state
would be served [thereby.] by doing so. Parolees shall not be released from
parole until the loan, with any interest due [thereon,] on it, is paid in full. Willful failure to make
payments on the loan is a ground, in the discretion of the board, for
revocation of parole.
4. [To] The account is nonreverting, except to the extent that
the [total] cash balance of the [fund] account exceeds
$2,500 at the end of each fiscal year, the excess cash [shall
revert to the] must be credited to the
state general fund. [in the state treasury.]
Sec. 7. NRS
213.370 is hereby amended to read as follows:
213.370 1. There is hereby
created [in the state treasury] the
prisoners work release revolving loan [fund]
account in the sum of $2,500.
2. The [fund
shall] account must be used to make
loans to offenders to pay their expenses for food, quarters and clothing while
participating in the work release program and provision [shall]
must be made for repayment.
3. [To]
The account is nonreverting, except to the extent
that the [total] cash balance of
the [fund] account
exceeds $2,500 at the end of each fiscal year, the
excess cash [shall revert] must be credited to the state general fund.
Sec. 8. NRS 223.200 is hereby
amended to read as follows:
223.200 1. The governor may
contract and do all other things necessary to secure the full benefits
available to this state under the Highway Safety Act of 1966 (including 23
U.S.C. ch. 4). In so doing, he shall cooperate with federal and state agencies,
private and public organizations, and [individuals]
natural persons to effectuate the purposes of [such] that act
and all amendments [thereto] to it which many subsequently be enacted.
2. The governor shall administer through
an appropriate state agency [, which he shall
designate within 30 days from April 17, 1967,] the highway safety
programs of this state and those of its political subdivisions [, all] in accordance with the Highway Safety
Act of 1966 and those federal rules and
regulations [in implementation thereof.]
for carrying it out.
3. The state agency designated by the
governor pursuant to subsection 2 shall, with the
assistance of the legislative commission, the supreme court of Nevada, the
department of highways, the health division of the department of human
resources, the state department of education and other state agencies and local
subdivisions, cause to be prepared a comprehensive highway safety program plan
detailing how the State of Nevada proposes to progress toward long-range state
goals to achieve full compliance [by December 31, 1968, or thereafter,] with
the program standards promulgated pursuant to the Highway Safety Act of 1966.
κ1979
Statutes of Nevada, Page 102 (CHAPTER 78, SB 171)κ
2 shall, with the assistance of the legislative commission,
the supreme court of Nevada, the department of highways, the health division of
the department of human resources, the state department of education and other
state agencies and local subdivisions, cause to be prepared a comprehensive
highway safety program plan detailing how the State of Nevada proposes to
progress toward long-range state goals to achieve full compliance [by December 31, 1968, or thereafter,] with
the program standards promulgated pursuant to the Highway Safety Act of 1966.
The plan [shall,] must, without limitation, include:
(a) Estimates when the state could begin each program
specified in the standards;
(b) Estimates of annual costs of each program;
(c) Estimates when the state will reach full
compliance with the standards; and
(d) Projects deemed appropriate for planning and
administration of the state highway safety program.
4. Costs of preparation of the highway
safety program [shall] must be paid from the highway safety program planning
fund which is hereby created [in the state treasury. Such fund shall consist of
moneys] as a special revenue fund. Money provided
by direct legislative appropriation must be accounted
for in the fund, and [by] money received from the Federal Government [.] and from
donations must be deposited in the state treasury for credit to the fund. The
state agency designated by the governor pursuant to subsection 2 [is authorized to] may make the necessary applications for federal [funds] money and
provide required demonstrations that federal [moneys]
money will be matched with the state [funds] money in
the highway safety program planning fund. The state
agency may also accept donations for the purpose of preparing the highway
safety program.
Sec. 9. NRS
232.070 is hereby amended to read as follows:
232.070 1. As executive head
of the department, the director 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.
κ1979
Statutes of Nevada, Page 103 (CHAPTER 78, SB 171)κ
(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]
unless accounted for in [the]
an appropriate trust or agency fund [which is] available to the department [.] , must be
accounted for in the department of conservation and natural resources gift fund
which is hereby created as a trust fund.
(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 natural 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. 10. NRS
232.160 is hereby amended to read as follows:
232.160 As used in NRS 232.160 to
232.210, inclusive, and section
2 of this act, unless the context requires otherwise:
1. Department means the department of
general services.
2. Director means the director of this
department.
Sec. 11. NRS
242.060 is hereby amended to read as follows:
242.060 1. [There is hereby created in the state treasury a
continuing fund to be known as the] The central
data processing [division working capital fund.
Moneys from such fund shall] fund is
hereby created as an intragovernmental service fund. Money from the fund must be
paid out on claims as other claims against the state are paid. [Such claims shall] The claims must be made in accordance with budget
allotments and [shall be] are subject to preaudit examination and approval.
2. All operating, maintenance, rental,
repair and replacement costs of equipment and all salaries of personnel
assigned to the division [shall] must be paid from [such]
the fund.
3. Each agency using the services of the
division shall pay a fee for [such]
that use, which [shall]
must be set by the chief of the division in such
amount as to reimburse the division for the entire cost of providing [such] those services,
including overhead. Each using agency shall budget for [such]
those services. All fees, proceeds from the sale
of equipment, and other [moneys] money received by the division [shall]
must be deposited [in
such] with the state treasurer for credit
to the fund.
[4. The
initial balance of such fund shall be provided by direct legislative
appropriation.]
Sec. 12. NRS
281.171 is hereby amended to read as follows:
281.171 1. [There is hereby created the travel revolving fund
which shall] The travel advance fund is
hereby created as an agency fund which must be
used by the state treasurer for the purpose of providing advance [funds] money
to state officers and employees for travel expenses and subsistence allowances.
κ1979
Statutes of Nevada, Page 104 (CHAPTER 78, SB 171)κ
fund which must be used by the
state treasurer for the purpose of providing advance [funds]
money to state officers and employees for travel
expenses and subsistence allowances.
2. The state treasurer shall deposit the [moneys] money in
the travel [revolving] advance fund in a bank qualified to receive deposits of
public funds, [under
the provisions of chapter 356 of NRS,] and the deposit [shall] must be
secured by a depository bond satisfactory to the state board of examiners.
3. The state treasurer or any of his
officers or employees whom he has designated for the purpose may sign all
checks and warrants drawn upon the travel [revolving]
advance fund.
Sec. 13. NRS
281.172 is hereby amended to read as follows:
281.172 1. Any state officer
or employee may apply for advance [funds]
money for authorized travel expenses and
subsistence allowances arising out of his official duties or employment, in the
amounts as provided for in NRS 281.160, by filing a request with the
administrative head of the state office, department or agency by which he is
employed.
2. If the administrative head or his
designee approves the request he shall forward a copy of the request and
approval to the state treasurer.
3. Upon receiving a copy of the request
and approval from the administrative head or his designee, the state treasurer
or one of his officers or employees whom he has designated for the purpose may
issue a check or warrant drawn upon the travel [revolving]
advance fund for the amount of the advance
requested.
Sec. 14. NRS
331.101 is hereby amended to read as follows:
331.101 1. The buildings and
grounds operating fund is hereby created [in the
state treasury.] as an intragovernmental
service fund.
2. All costs of administering the
provisions of NRS 331.010 to 331.150, inclusive, [shall]
must be paid out of the buildings and grounds
operating fund [on claims in the same manner]
as other claims against the state are paid.
Sec. 15. NRS
331.103 is hereby amended to read as follows:
331.103 1. The general
services [working capital] communications fund is hereby created [. Such] as an intragovernmental
service fund. The fund [shall be]
is a continuing fund and [no
moneys in such fund shall] its money may
not revert to the state general fund at
any time.
2. [Moneys
from] Claims against the general
services [working capital fund shall]
communications fund which are approved by the
superintendent must be paid [out on claims]
as other claims against the state are paid. [Such
claims shall be approved by the superintendent.]
3. Claims [shall]
must be made in accordance with budget and
quarterly work allotments and are subject to
preaudit examination and approval.
Sec. 16. NRS
331.104 is hereby amended to read as follows:
331.104 1. All revenues
resulting from:
(a) Postage sold to state officers, departments
and agencies;
(b) Charges for proportionate costs of mail
service operation; and
(c) Both direct and pro rata charges to state
departments and agencies for telephone service,
[shall] must be deposited in the state
treasury for credit to the general services [working
capital] communications fund.
κ1979
Statutes of Nevada, Page 105 (CHAPTER 78, SB 171)κ
2. The formula for spreading costs of
operation [shall] must be adjusted from time to time to preserve the fund
at its initial level as nearly as is practicable.
Sec. 17. NRS
331.105 is hereby amended to read as follows:
331.105 1. The
superintendent shall establish and conduct a central mailing room for all state
officers, departments and agencies located at Carson City, Nevada.
2. Any state officer, department or
agency may use the central mailing room facilities if [such]
the state officer, department or agency pays the
cost of [such] their use as determined by the superintendent. [Moneys collected from such state officers, departments
or agencies for use of the central mailing room facilities shall be deposited
in the mail service working capital fund in the state treasury.]
3. The staff of the central mailing room
shall deliver incoming mail and pick up and process outgoing mail, except
outgoing parcel post from the legal division of the legislative counsel bureau,
other than interoffice mail, of all state officers, departments and agencies
using the central mailing room facilities.
Sec. 18. NRS
333.124 is hereby amended to read as follows:
333.124 1. The donated
commodities [revolving] fund is
hereby created as a special revenue fund for the
use of the chief in acquiring commodities donated by the Federal Government and
its agencies.
2. Costs of freight, storage, handling
charges and other administrative expenses, including compensation of purchasing
division personnel, incidental to the acquisition of [such]
the donated commodities may be paid from the
donated commodities [revolving] fund.
Sec. 19. NRS
333.490 is hereby amended to read as follows:
333.490 1. The chief [is authorized and directed to] shall do all things necessary to secure, warehouse and
distribute throughout the state federal donable surplus property to
tax-supported or nonprofit schools and other health and educational
institutions, to civil defense organizations, to volunteer fire departments,
and to such other institutions or activities as may [now
be or hereafter become] be eligible
under federal law to acquire such property. The chief [is
authorized to] may make such
certifications, take such action and enter into such contracts and undertakings
for and in the name of the state as may be authorized or required by federal
law or regulations in connection with the receipt, warehousing and distribution
of federal donable surplus property received by him. He [is
further authorized to adopt, amend or rescind such rules and] may adopt regulations, prescribe [such] requirements, and take [such] action as he [may deem] deems necessary
to assure maximum utilization by and benefit to eligible institutions and
organizations from [such] the federal donable surplus property. He shall make a
charge to the schools and institutions receiving donable surplus property
secured through the purchasing division, [such]
the charge to be a percentage of the acquisition
cost or of the fair value of the item requested sufficient to repay in portion
or in entirety the transportation and other costs incurred in acquisition of
the property. [in
question.]
2. All money
received by the chief pursuant to this section must be deposited in the state
treasury for credit to the surplus property administration fund, which is
hereby created as a special revenue fund. All expenses
for the distribution of federal surplus property must be paid from the fund as
other claims against the state are paid.
κ1979
Statutes of Nevada, Page 106 (CHAPTER 78, SB 171)κ
expenses for the distribution of
federal surplus property must be paid from the fund as other claims against the
state are paid.
3. The
chief [is authorized to] may discontinue temporarily or terminate entirely [such] the donable
surplus property operation at any time when there is not a sufficient flow of [such]
property to make continued employment of personnel for this purpose beneficial
to the state.
Sec. 20. NRS
336.110 is hereby amended to read as follows:
336.110 1. [There is hereby created in the state treasury a
continuing fund to be known as the] The motor
pool [working capital] fund is hereby created as an intragovernmental service fund in
the amount of $9,500. No [moneys in such fund
shall] money in the fund may revert
to the state general fund at any time. [Moneys] Money from
the motor pool [working capital fund shall]
fund must be paid out on claims as other claims against
the state are paid. [Such claims shall]
The claims must be made in accordance with budget
and quarterly work allotments and subject to preaudit examination and approval.
2. All operating, maintenance, repair and
replacement costs for vehicles assigned to the state motor pool [shall] must be
paid from the motor pool [working capital]
fund.
3. All agencies using vehicles of the
state motor pool shall pay a fee for [such]
the use and proportionate share of operational
cost in an amount determined by the executive officer. The formula for
spreading costs of operation [shall]
may be adjusted from time to time as may be
necessary to replace worn vehicles, pay vehicle costs, defray the costs of
motor pool operation, and preserve the fund as nearly as practicable at the
level of $9,500.
4. All fees, costs and other [moneys] money received
by the state motor pool, including all proceeds from the sale of vehicles, [shall] must be
deposited [in the motor pool working capital]
with the state treasurer for credit to the fund.
Sec. 21. NRS
353.150 is hereby amended to read as follows:
353.150 NRS 353.150 to 353.246,
inclusive, [shall be known and] and section 3 of this act, may be cited as the State
Budget Act.
Sec. 22. NRS
353.266 is hereby amended to read as follows:
353.266 1. [There is hereby created in the state treasury a fund
to be known as the] The contingency
fund [. Moneys for such fund shall]
is hereby created as a trust fund. Money for the fund
must be provided by direct legislative appropriation.
2. [Moneys]
Money in the contingency fund may be allocated
and expended within the limitations and in the manner provided in NRS 353.268
and 353.269:
(a) For emergency use to supplement regular
legislative appropriations which fail to cover unforeseen expenses.
(b) To meet expenses under requirements of law.
Sec. 23. NRS
356.013 is hereby amended to read as follows:
356.013 1. The state
treasurer shall maintain a special revolving [fund]
account of $20,000 to be used to cash:
(a) State warrants; and
(b) Checks for not more than $25, drawn by or
payable to an employee or officer of the state.
The treasurer may refuse to cash any check drawn by or
payable to a state employee if the treasurer has a reason
to doubt that [such] the check will be honored or if the drawer has a record of
issuing checks which are not honored.
κ1979
Statutes of Nevada, Page 107 (CHAPTER 78, SB 171)κ
state employee if the treasurer has a reason to doubt that [such] the check
will be honored or if the drawer has a record of issuing checks which are not
honored.
2. This revolving [fund
shall] account must be kept partly
in the form of a special checking account in a state or national bank in Carson
City. The cash portion of the [fund shall]
account must be replenished as required by
withdrawal from the checking account.
3. Within 2 days after cashing any check
or warrant, the state treasurer shall deposit [such]
the check or warrant for collection to the credit
of the special checking account. Any check presented for payment which is
dishonored [shall] must be delivered to the state controller to recover
the amount of the check pursuant to NRS 227.230. The state treasurer [shall be] is liable
for any amount not recovered by the state controller.
4. All amounts recovered by the state
controller or made good by the state treasurer or his bondsman [shall] must be
deposited in the special checking account.
Sec. 24. NRS
365.535 is hereby amended to read as follows:
365.535 1. It is declared to
be the policy of the State of Nevada to apply the motor vehicle fuel tax paid
on fuel used in watercraft for recreational purposes during each calendar year,
which is hereby declared to be not refundable to the consumer, for the
improvement of boating and other outdoor recreational facilities associated
with boating and for the payment of costs incurred, in part, for the
administration and enforcement of the provisions of chapter 488 of NRS (Nevada
Boat Act).
2. The amount of excise taxes paid on all
motor vehicle fuel used in watercraft for recreational purposes [shall] must be
determined annually by the department by use of the following formula:
(a) Multiplying the total boats with motors
registered the previous calendar year, pursuant to provisions of chapter 488 of
NRS, times 220.76 gallons average fuel purchased per boat; and
(b) Adding 566,771 gallons of fuel purchased by
out-of-state boaters as determined through a study conducted during 1969-1970
by the division of agricultural and resource economics, Max C. Fleischmann
college of agriculture, University of Nevada, Reno; and
(c) Multiplying the total gallons determined by
adding the total obtained under paragraph (a) to the figure in paragraph (b)
times the excise tax rates levied under the provisions of NRS 365.170 to
365.190, inclusive, less the percentage of [such]
the rate authorized to be deducted by the dealer
pursuant to NRS 365.330.
3. The Nevada department of fish and game
shall submit annually to the department, on or before April 1, the number of
boats with motors registered in the previous calendar year. On or before June
1, the department, using [such] that data, shall compute the amount of excise taxes
paid on all motor vehicle fuel used in watercraft for recreational purposes
based on the formula set forth in subsection 2, and shall certify the
apportionment and distribution ratio as defined in subsection 4, in writing, to
the Nevada department of fish and game and to the division of state parks of
the state department of conservation and natural resources for the next fiscal
year.
κ1979
Statutes of Nevada, Page 108 (CHAPTER 78, SB 171)κ
4. In each fiscal year, the state
treasurer shall, upon receipt of the tax [moneys]
money from the department collected pursuant to
the provisions of NRS 365.170 to 365.190, inclusive:
(a) Allocate 30 percent of the remittances and
deposits made pursuant to subsections 1 and 2 to the Nevada department of fish
and game for deposit and use as provided in subsection 2 of NRS 501.356. All [moneys] money so
received by the department [shall] may be expended only for the administration and
enforcement of the provisions of chapter 488 of NRS and for the improvement of
boating facilities and other outdoor recreational facilities associated with
boating on state-owned wildlife management areas. Any of [these funds] this
money declared by the Nevada department of fish and game to be in excess
of their immediate requirements for these purposes may be transferred to the
credit of the parks marina development fund for use by the
division of state parks of the state department of conservation and natural
resources [for their use] in accordance
with the provisions of paragraph (b).
(b) Deposit [in
the general fund in the state treasury to the credit of] with the state treasurer for credit to the parks marina
development fund which is hereby created as a special revenue fund for use by the
division of state parks of the state department of conservation and natural
resources 70 percent of the remittances and deposits made pursuant to
subsections 1 and 2. All [moneys] money so deposited to the credit of the division of
state parks of the state department of conservation and natural resources [shall] may be
expended only as authorized by the legislature for the improvement of boating
facilities and other outdoor recreational facilities associated with boating.
5. Remittances and deposits required to
be made by the state treasurer pursuant to the provisions of subsection 4 may
be made quarterly or oftener if convenient to the state treasurer.
Sec. 25. NRS
407.065 is hereby amended to read as follows:
407.065 The administrator, subject to the
approval of the director, may:
1. Designate, establish, name, plan,
operate, control, protect, develop and maintain state parks, monuments and
recreation areas for the use of the general public.
2. Protect state parks and property
controlled or administered by it from misuse or damage and preserve the peace
within [such] those areas. At the discretion of the administrator,
rangers and employees of the 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 division. The administrator may appoint or
designate certain division employees to have the general authority of peace
officers as provided in NRS 169.125, but [such]
those employees [shall
not be] are not police officers or
firemen for the purposes of NRS 286.510.
3. Allow multiple use of state parks and
real property controlled or administered by it for any lawful purpose, including
but not limited to, grazing, mining, development of natural resources, hunting
and fishing, and subject to such regulations as may be [promulgated]
adopted in furtherance of the purposes of the
division.
4. Conduct and operate such special
services as may be necessary for the comfort and
convenience of the general public, and collect reasonable fees [therefor, which
shall] for them, which must be deposited in the state general fund.
κ1979
Statutes of Nevada, Page 109 (CHAPTER 78, SB 171)κ
for the comfort and convenience of the general public, and
collect reasonable fees [therefor, which shall]
for them, which must be deposited in the state general fund. No fees for special services [shall] may be
collected from bona fide residents of this state who are more than 60 years
old. Reasonable proof of age and residence may be required for free use of
special services.
5. Rent or lease concessions located
within the boundaries of state parks or of real property controlled or
administered by the division to public or private corporations, to groups of [individuals,] natural
persons, or to [individuals]
natural persons for a valuable consideration upon
such terms and conditions as the division deems fit and proper, but no
concessionaire may dominate any state park operation. Rental and lease payments
[shall] must
be deposited in the state general fund.
6. Establish such
capital projects construction funds as are necessary to account for the parks
improvements program approved by the legislature. These funds must be used for
the construction and improvement of those parks which are under the supervision
of the administrator.
Sec. 26. NRS
407.075 is hereby amended to read as follows:
407.075 1. The state park
grant and gift fund is hereby created [in the
state treasury] as a trust fund for
the use of the division.
2. The following money [shall] must be
deposited [in] with the state treasurer for credit to the state park
grant and gift fund:
(a) Gifts, grants or devises accepted by the
division under the provisions of NRS 407.063.
(b) Grants and money accepted by the division
from any public or private corporation, group of [individuals
or individual] natural persons or a
natural person under the provisions of NRS 407.067.
3. Expenditures from the state park grant
and gift fund [shall] must be made only for the purpose of carrying out the
provisions of this chapter and other programs or laws administered by the
division.
Sec. 27. NRS
445.700 is hereby amended to read as follows:
445.700 1. In areas of the
state where and [at such times as] when a program [of
implementation] is commenced pursuant to NRS 445.630 to 445.670,
inclusive, the following fees [shall]
must be paid to the department of motor vehicles
and [deposited in the state treasury:]
accounted for in the pollution control fund which is
hereby created as a special revenue fund:
(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 [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] must be used by that department as needed to 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]
those fees, and for the posting of [such] those fees
in a conspicuous place at the authorized station.
κ1979
Statutes of Nevada, Page 110 (CHAPTER 78, SB 171)κ
Sec. 28. NRS
466.080 is hereby amended to read as follows:
466.080 1. The Nevada racing
commission fund is created [in the state
treasury.] as a special revenue fund. The
commission shall deposit [in such] with the state treasurer for credit to the fund periodically,
as collected, out of the proceeds of the taxes imposed by NRS 466.125, an
amount equal to 1 percent of all [moneys]
money handled by each pari-mutuel licensee.
2. The commission shall deposit [in] with the
state treasurer for credit to the state general
fund, [in the state
treasury,] periodically as collected, all fees imposed by NRS
466.120 and the remainder of the taxes imposed by NRS 466.125.
3. The commission may, out of the Nevada
racing commission fund:
(a) Pay the necessary and proper expenses of the
commission for the efficient administration of this chapter, in the same manner
as other claims against the state are paid.
(b) Retain, on July 1 of each year, a cash balance of $10,000 [as
a revolving fund for such] for those expenses.
4. The commission shall, on July 1 of
each year, distribute the remaining cash balance in excess of $10,000 of the Nevada racing commission
fund to those agricultural associations in this state which have conducted race
meets without state aid or aid from any agricultural district or county, in
proportion to the amount of license fees and taxes paid to the commission by
each [such] association.
Sec. 29. NRS
472.045 is hereby amended to read as follows:
472.045 1. Upon written
request from the state forester firewarden, the state controller [is authorized and directed to] shall draw his warrant in favor of the state forester
firewarden in the sum of $2,500, and upon its presentation
[of the same] to the state
treasurer, the state treasurer [is authorized and
directed to pay the same] shall pay it from
the state general fund.
[in the state treasury.]
2. The [sum
of $5,000 shall be known as the] state forester firewarden
revolving [fund and] account in the amount of $5,000 may be used by the
state forester firewarden for the purpose of paying temporary labor hired for
firefighting purposes and other obligations requiring prompt payment in
connection with firefighting operations, but for no other purposes.
3. All claims [or
demands] paid by the state forester firewarden shall [, after payment thereof,] be passed upon
by the state board of examiners in the same manner as other claims against the
state. When approved by the state board of examiners, the state controller
shall draw his warrant for the amount of [such
claim or claims] the claim in favor
of the state forester firewarden revolving [fund]
account to be paid to the order of the state
forester firewarden, and the state treasurer shall pay the [same.] warrant.
4. The state forester firewarden is
directed to deposit the state forester firewarden revolving [fund] account in
one or more banks [of reputable standing,]
and to secure the deposit by a depositary bond satisfactory to the state board
of examiners.
Sec. 30. NRS
482.180 is hereby amended to read as follows:
482.180 1. [There] The motor
vehicle fund is hereby created [in the
state treasury a fund which shall be known as the motor vehicle fund.]
as an agency fund. Money received by the
department shall be deposited with the state treasurer
[to the credit of] for credit to the motor vehicle fund.
κ1979
Statutes of Nevada, Page 111 (CHAPTER 78, SB 171)κ
deposited with the state treasurer [to
the credit of] for credit to the
motor vehicle fund. Any check accepted by the department in payment of vehicle
privilege tax or any other fee required to be collected under this chapter
shall, if it is dishonored upon presentation for payment, be charged back
against the motor vehicle fund or the county to which [such]
the payment was credited, in the proper
proportion.
2. Money for the administration of the
provisions of this chapter shall be provided by direct legislative
appropriation from the state highway fund, upon the presentation of budgets in
the manner required by law. Out of [such]
the appropriation the department shall pay every
item of expense.
3. The department shall certify monthly
to the state board of examiners the amount of privilege taxes collected for
each county by the department and its agents during the preceding month, and [such] that money
shall be distributed monthly as provided in subsection 4.
4. The distribution of the privilege tax
within a county shall be made to local governments, as defined in NRS 354.474,
in the same ratio as all property taxes were levied in the county in the
previous fiscal year, but the State of Nevada is not entitled to share in [any such] that distribution.
The amount attributable to the debt service of each school district shall be
included in the allocation made to each county government. For the purpose of
this subsection, the taxes levied by each local government are the product of
its certified valuation, determined pursuant to subsection 2 of NRS 361.405,
and its tax rate, established pursuant to NRS 361.455. Local governments, other
than incorporated cities, shall receive no distribution if the distribution to [such] the local
government in less than $100. [Such]
Any undistributed money [shall
accrue] accrues to the county
general fund of the county in which [such]
the local government is located. The department
shall make distributions directly to counties, county school districts and
incorporated cities or towns. Distributions for other local governments within
a county shall be paid to the counties for distribution to [such] the other
local governments.
5. Privilege taxes collected on vehicles
subject to the provisions of chapter 706 of NRS and engaged in interstate or
intercounty operation shall be distributed among the counties in the following
percentages:
Carson City.............. 1.07 percent..................... Lincoln........................ 3.12
percent
Churchill................... 5.21
percent..................... Lyon............................ 2.90 percent
Clark........................ 22.54
percent..................... Mineral........................ 2.40 percent
Douglas.................... 2.52
percent..................... Nye.............................. 4.09 percent
Elko.......................... 13.31
percent..................... Pershing...................... 7.00 percent
Esmeralda................. 2.52
percent..................... Storey............................ .19 percent
Eureka....................... 3.10
percent..................... Washoe..................... 12.24 percent
Humboldt.................. 8.25
percent..................... White Pine.................. 5.66 percent
Lander....................... 3.88
percent
[Such] The distributions shall be allocated among local
governments within the respective counties pursuant to the provisions of
subsection 4.
6. As commission to the state for
collecting the privilege taxes on vehicles subject to the provisions of this
chapter and chapter 706 of NRS the department shall retain 6 percent from
counties 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, and 1 percent from counties having a
population of less than 100,000 as determined by [such] that last preceding
national census.
κ1979
Statutes of Nevada, Page 112 (CHAPTER 78, SB 171)κ
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,
and 1 percent from counties having a population of less than 100,000 as
determined by [such] that last preceding national census.
7. When the foregoing requirements have
been met, and when directed by the department, the state controller shall
transfer monthly to the state highway fund any balance in the motor vehicle
fund.
Sec. 31. NRS
482.183 is hereby amended to read as follows:
482.183 The motor vehicle revolving [fund] account in
the amount of $10,000 is hereby created and [shall]
must be used for main and branch office change [funds.] accounts.
Sec. 32. NRS
482.480 is hereby amended to read as follows:
482.480 There [shall]
must be paid to the department for the registration
or transfer of registration of motor vehicles, trailers and semitrailers, fees
according to the following schedule:
1. For each stock passenger car, bus and
each reconstructed or specially constructed passenger car, regardless of weight
or number of passenger capacity, a registration fee of $5.50.
2. For every motorcycle, the sum of
$3.50.
3. For every motortruck having an
unladened weight of 3,500 pounds or less, as shown by a public weighmasters
certificate, a registration fee of $9.
4. For every trailer or semitrailer
having an unladened weight of 1,000 pounds or less, a flat registration fee of
$2.50. For every trailer having an unladened weight of more than 1,000 pounds,
but not more than 3,500 pounds, a flat registration fee of $5.50. For every
trailer or semitrailer having an unladened weight of more than 3,500 pounds and
less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3.549 pounds........................................................... $8
3,550 to and including 3,649 pounds........................................................... 10
3,650 to and including 3,749 pounds........................................................... 12
3,750 to and including 3,849 pounds........................................................... 14
3,850 to and including 3,949 pounds........................................................... 16
3,950 to and including 3,999 pounds........................................................... 18
5. For every motortruck having an
unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees
according to the following schedule:
3,501 to and including 3,549 pounds............................................................... $10
3,550 to and including 3,649 pounds............................................................... 12
3,650 to and including 3,749 pounds............................................................... 14
3,750 to and including 3,849 pounds............................................................... 16
3,850 to and including 3,949 pounds............................................................... 18
3,950 to and including 3,999 pounds............................................................... 20
4,000 to and including 5,049 pounds............................................................... 25
6. For every trailer or semitrailer
having an unladened weight of 4,000 pounds or more, except mobile homes, and
for every motortruck having an unladened weight of 5,050 pounds or more, 50
cents per 100 pounds, or major fraction thereof, of unladened weight as shown
by a public weighmasters certificate.
κ1979
Statutes of Nevada, Page 113 (CHAPTER 78, SB 171)κ
public weighmasters certificate. At the time of weighing,
each vehicle [shall] must have in place each [and
every] accessory and appliance belonging to and used on [such] the vehicle
in the transportation of property. Whenever a camper is attached to a
motortruck the camper shall be considered as a load and the fees imposed by
this section upon the motortruck [shall]
must be based on the unladened weight of the
motortruck, exclusive of the camper.
7. Except as provided in subsection 8,
for each transfer of registration the fee [shall
be] is $2.
8. The fee for transfer of a registration
to any motor vehicle enumerated in subsection 6 [shall
be] is $2 plus the excess, if any,
of the fee which would have been payable for an original registration of [such] the vehicle
over the fee paid for registration of the vehicle from which the registration
is transferred.
9. For every motor vehicle there [shall be] is an
additional fee of $3 for each registration, which [shall
be placed in a special fund to] must be
accounted for in the highway patrol special fund which is hereby created as a
special revenue fund and must be used only for the purposes specified in
NRS 481.145.
Sec. 33. NRS
489.380 is hereby amended to read as follows:
489.380 1. [There is hereby created the mobile home and travel
trailer fund.
2.] All
fees collected pursuant to the provisions of this chapter [shall] must be
deposited [into] in the state treasury for credit to the mobile home and
travel trailer fund [and all] which is hereby created as a special revenue fund. All expenses
of the enforcement of this chapter [shall]
must be paid from [such]
the fund.
[3.] 2. The mobile home and travel trailer
fund [shall] may not be used for any purpose, except the regulation
of mobile homes, travel trailers and commercial coaches.
[4. Upon
approval by the director, claims] 3. Claims
against the fund [shall] must be paid [in the same
manner] as other claims against the state are paid.
Sec. 34. NRS
528.100 is hereby amended to read as follows:
528.100 1. In order to aid
agriculture, conserve water resources, renew the timber supply, promote erosion
control, beautify urban areas, educate the public, improve natural forests,
deserts, wildlife habitation, and in other ways advance the general welfare and
bring about benefits resulting from reforestation and the establishment of
windbreaks, shelterbelts, woodlots, greenbelts, open space, parks and
arboretums on lands in the State of Nevada, the state forester firewarden,
subject to the approval of the director, may act for the State of Nevada in
negotiating for and entering into cooperative agreements with the United States
of America, with the governing bodies of the counties and other political
subdivisions of this state, and with organizations and [individuals]
natural persons for the purpose of securing the
establishment and development of a nursery site or sites for the procurement
and production, research and display of forest tree seeds and conservation
plant materials.
2. The state forester firewarden may
receive [money] contributions of money from cooperators
under the cooperative agreement. [, such contributions to
be paid into the division of forestry account in the state general fund.]
κ1979
Statutes of Nevada, Page 114 (CHAPTER 78, SB 171)κ
contributions to be paid into the
division of forestry account in the state general fund.]
3. The forestry
nurseries fund is hereby created as a special revenue fund. All money received
for the establishment, development and operation of nurseries must be accounted
for in the fund. All claims against the fund must be paid as other claims
against the state are paid.
Sec. 35. NRS
532.200 is hereby amended to read as follows:
532.200 1. For the purpose
of advancing and paying for stenographic work and transcripts required by law
or order of court, or for the costs, witness fees or expenses incurred by or
upon the authority of the attorney general and the state engineer in any
litigation affecting any order of determination adjudicating the waters of any
stream system in the State of Nevada, there is hereby created [a revolving fund to be known as] the
adjudication emergency fund [.] as a special revenue fund. All [moneys]
money returned under the provisions of chapter
181, Statutes of Nevada 1925, until [such]
those returns [shall]
aggregate the total of $6,000, [shall]
must be deposited in the adjudication emergency
fund, and thereafter the fund [shall]
must be maintained [as
a revolving fund] for the purposes designated in this section.
2. No part of the adjudication emergency
fund [shall] may be used in the payment of [attorney]
attorneys fees.
3. The State of Nevada shall recover all
costs paid or advanced under the provisions of this section, and the [moneys so recovered shall] money recovered must be placed in the adjudication
emergency fund.
4. All expenditures from the adjudication
emergency fund [shall be] are subject to the approval of the attorney general,
the state engineer and the state board of examiners.
Sec. 36. NRS
532.220 is hereby amended to read as follows:
532.220 1. [There is hereby created in the state treasury a]
The channel clearance, surveying and monumenting [fund to] program
is hereby established and must be administered by the state engineer.
2. This [fund
is a continuing fund] program is to
be used to aid local governments in this state in the clearance, surveying and
monumenting of navigable rivers.
3. Any incorporated city, county or other
political subdivision of this state may apply to the state engineer for a grant
from this [fund] program if:
(a) Federal [funds
are] money is not available for the
proposed project;
(b) The incorporated city, county or other
political subdivision requesting the [funds]
money agrees to match the state grant equally
with its [funds;] money; and
(c) The amount requested does not exceed the
balance [of the fund.] available.
4. As used
in this section, navigable river means a river or stream that is used, or is
susceptible of being used, in its ordinary condition for trade or travel in the
customary modes of trade or travel on rivers or streams.
Sec. 37. NRS
533.080 is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 115 (CHAPTER 78, SB 171)κ
533.080 1. All maps, surveys
and measurements of water required under the provisions of this chapter [shall] must be
made by a state water right surveyor. No survey, map or measurement of flow of
water [shall] may be approved by the state engineer unless [such] the survey
is made by a state water right surveyor.
2. Any registered professional engineer
or land surveyor, qualified and registered in the State of Nevada, who has
practical knowledge of surveying or engineering and who is familiar with land
surveying and mapping and the measurement of water, and who is of good moral
standing, shall be considered for appointment as a state water right surveyor
upon application to the state engineer. The application [shall]
must be in the form prescribed by the state
engineer and [shall be] accompanied
by a fee of $25.
3. The state engineer may require any
applicant for appointment to the position of state water right surveyor to pass
such reasonable examination as to his qualifications as may be provided by the
state engineer.
4. Whenever the state engineer [shall approve] approves
the qualifications of an applicant, he shall issue a certificate to [such] the applicant
designating him as a state water right surveyor.
5. Every water right surveyors
certificate [shall expire] expires on June 30 of each year unless renewed by
application in the form prescribed by the state engineer. A fee of $10 [shall] must be
paid each year for renewal. All application and renewal fees [shall be kept by the state engineer and]
must be accounted for in the state engineers water
license fund which is hereby created as a special revenue fund and must be used
to pay costs pertaining to [such] the certificate and other costs associated [therewith.] with
it.
6. An
appointment may be revoked by the state engineer at any time for good cause
shown.
7. The state engineer may provide such
additional [rules and] regulations
governing the qualifications and official acts of state water right surveyors
as may be reasonable and not inconsistent with this chapter.
8. The State of Nevada [shall not be] is
not liable for the compensation of any state water right surveyor, but
he [shall] is
entitled to be paid by the person employing him.
9. Officers
and employees of the United States Government [shall
be] are entitled to apply for the
position of state water right surveyor and [shall
be] are exempt from the
qualification of registration as a professional engineer or land surveyor
required in subsection 2. Any certificate issued to [such]
those officers and employees [shall] must include
a restriction limiting [such] those officers and employees to work for the United
States Government.
Sec. 38. NRS
534.140 is hereby amended to read as follows:
534.140 1. Every well
driller, before engaging in the physical drilling of a well in the State of
Nevada for development of water, shall annually [make
application] apply to the state
engineer for a license to drill.
2. The applications for [such] those licenses
and all licenses issued for the drilling of wells [shall]
must be in the form prescribed by the state
engineer.
κ1979
Statutes of Nevada, Page 116 (CHAPTER 78, SB 171)κ
3. All well-drilling licenses [shall] expire on June 30 following [the issuance thereof and shall not be] their issuance and are not transferable.
4. A fee of $25 [shall]
must accompany each application for [such] a license
and a fee of $10 [shall] must be paid each year for renewal [thereof.] of the
license.
5. [All such] Those license
fees shall be [kept by the state engineer]
accounted for in the state engineers water license fund
and used to pay costs pertaining to [such]
the licensing and other costs associated [therewith,] with
it, and the compensation of the members of the well drillers advisory
board and their expenses.
6. The state engineer [is authorized and directed to] shall prepare and keep on file in his office [rules and] regulations for well
drilling.
7. Before engaging in the physical
drilling of a well in this state for the development of water, every well
driller who is the owner of a well-drilling rig, or who has a well-drilling rig
under lease or rental, or who has a contract to purchase a well-drilling rig, [shall] must obtain
a license as a well driller from the state contractors board.
Sec. 39. NRS
543.040 is hereby amended to read as follows:
543.040 [There]
The flood control fund is hereby created [in the state treasury the flood control revolving
fund. Moneys] as a special revenue fund.
Money in the flood control [revolving]
fund shall not revert to the state general fund
at the end of any fiscal year.
Sec. 40. NRS
543.050 is hereby amended to read as follows:
543.050 The director shall use the [moneys] money in
the flood control [revolving] fund
to pay all necessary costs in order to carry out the assurances and to perform
the acts provided for in NRS 543.030. Reimbursements to [such
fund shall] the fund must be in the
manner described in NRS 543.060.
Sec. 41. NRS
543.060 is hereby amended to read as follows:
543.060 1. The director
shall determine which counties, cities and public districts benefit by [such] the project,
and whether the state is benefited by [such]
the project, and to what extent there is [such] benefit to
the [aforesaid] subdivisions, and
reimbursement to [such fund shall] the fund must be made in proportion to the benefit
received.
2. If any portion of the flood control [revolving fund shall be] fund is used for maintenance of any [such] of those flood
control projects, the flood control [revolving
fund shall] fund must be fully
reimbursed for cost of [such] the maintenance by the state, counties, cities and
public districts benefited by [such]
the project.
3. The director shall determine the
period for repayment of the initial nonfederal charges as provided for under
subsection 1, which period [shall] may not be more than 5 years after completion of the
project for which [funds have] money has been authorized.
4. The director, after having determined
the benefits as set forth in subsection 1, shall, between the 1st Monday of
October and the 1st Monday of December of each year, prepare a budget showing
the amount of money estimated to be necessary to repay the initial capital
outlay, which initial capital outlay is to be assessed in equal annual
installments, and any estimated maintenance cost for the then current year, and
submit the budget to the board of county commissioners. When the flood control project lies in more than one county, separate budgets [shall]
must be prepared for each county.
κ1979
Statutes of Nevada, Page 117 (CHAPTER 78, SB 171)κ
project lies in more than one county, separate budgets [shall] must be
prepared for each county.
Sec. 42. NRS
543.080 is hereby amended to read as follows:
543.080 1. The taxes and
charges provided for in NRS 543.070, when collected, [shall]
must be deposited with the state treasurer [, in] for credit
to the flood control [revolving]
fund.
2. All bills against [such fund shall] the
fund must be certified by the director and, when certified and approved
by the state board of examiners, the state controller is authorized to draw his
warrant against the flood control [revolving]
fund.
Sec. 43. NRS
543.100 is hereby amended to read as follows:
543.100 Upon a petition from a county,
city or public district to the director, in a form prescribed by the director,
requesting financial assistance to aid in paying the costs of planning,
engineering, administration, acquisition of easements and rights-of-way and
other proper expenses connected with a flood control project, or in paying
costs for a riparian survey, the director may, following study and approval of
the proposed project or survey, and subject to the approval of the governor and
the state board of finance, loan [moneys]
money from the flood control [revolving] fund in the manner provided
in NRS 543.090 to 543.140, inclusive.
Sec. 44. NRS
543.110 is hereby amended to read as follows:
543.110 1. Each petition to
the director [shall] must describe the proposed flood control project or
riparian survey, state the amount of money requested, and designate the areas
to be assessed for the purpose of reimbursement of the flood control [revolving] fund.
2. The director shall determine the
period to be allowed for repayment of the money loaned, which period [shall] may not
be longer than 5 years from the date of the loan.
3. The director shall, between the 1st
Monday of October and the 1st Monday of December of each year following the
date of any loan, prepare a budget based on repayment of the loan in equal
annual installments showing the amount of money to be repaid in the next
succeeding fiscal year, and shall submit the budget to the board of county
commissioners of the county in which the project or survey is located. If the
project or survey is located in more than one county, separate budgets [shall] must be
prepared for each county.
Sec. 45. NRS
543.130 is hereby amended to read as follows:
543.130 1. The receipts of
the charges provided for in NRS 543.120, when collected, [shall] must be
deposited, in the same manner as receipts of special taxes are deposited, with
the state treasurer [to the credit of]
for credit to the flood control [revolving] fund.
2. All claims against [such fund shall] the
fund must be certified by the director, and when they have been
certified and approved by the state board of examiners, the state controller
shall draw his warrant [therefor] against
the flood control [revolving] fund.
Sec. 46. NRS
543.140 hereby amended to read as follows:
543.140 Loans may be made pursuant to NRS
543.090 to 543.140, inclusive, from time to time for each proposed flood control
project at the discretion of the director and within the limits of [moneys] money available
in the flood control [revolving] fund.
κ1979
Statutes of Nevada, Page 118 (CHAPTER 78, SB 171)κ
Sec. 47. NRS
544.110 is hereby amended to read as follows:
544.110 [1.] The
director may, subject to any limitations otherwise imposed by law, receive and
accept for and in the name of the state any [funds]
money which may be offered or become available from
federal grants or appropriations, private gifts, donations or bequests, or from
any other source, and may expend [such funds,
unless their] the money, unless its use
is restricted and subject to any limitations otherwise provided by law, for the
administration of NRS 544.070 to 544.240, inclusive, and for the encouragement
of research and development by a state or public or private agency, either by
direct grant, by contract or other cooperative means.
[2. There
is hereby established a continuing fund in the general fund in the state
treasury to be known as the weather modification fund. All license and permit
fees paid to the director shall be deposited in such fund. Any accumulation in
such fund in excess of $5,000 shall revert immediately to the general fund.]
Sec. 48. NRS
548.165 is hereby amended to read as follows:
548.165 The commission shall [:
1. Keep]
keep a full and accurate record of its official
actions and all proceedings, and of all resolutions, regulations and orders
issued or adopted.
[2. Provide
for an annual audit of the accounts of receipts and disbursements.]
Sec. 49. NRS
561.407 is hereby amended to read as follows:
561.407 1. The Nevada beef
promotion fund [account] is hereby
created [in the state treasury.] as a special revenue fund. The proceeds of the special
tax on cattle levied pursuant to NRS 575.070 [shall]
must be deposited in this fund [account,] and all refunds made pursuant
to NRS 575.070 [shall] must be paid from [this
fund account.] the fund.
2. On or before June 30 of each year, the
state controller shall draw his warrant in favor of the National Livestock and
Meat Board for the amount in the Nevada beef promotion fund [account] and shall transmit [such] the warrant
to the payee through the executive director, to be used to promote the
consumption of domestic beef and beef products and for the general benefit of
beef producers.
Sec. 50. NRS
575.070 is hereby amended to read as follows:
575.070 1. The state
department of agriculture shall fix an annual special tax, to be known as the
beef promotion tax, on all cattle appearing on the tax rolls, the rate of which
[shall] must
not exceed 5 cents per head. The department shall send notice of the
rate of this special tax to the department of taxation and to each board of
county commissioners [prior to] before the annual levy of taxes, and the board shall
include this tax at the rate fixed in [such]
the annual levy. The special tax [shall] must be
collected as other taxes, and [the proceeds
transmitted to the state treasurer for deposit in] deposited with the state treasury for credit to the
Nevada beef promotion fund. [account.]
2. During the month of April, any person
who has paid the special tax levied pursuant to this section may file a claim for
refund with the department, accompanied by a receipt showing [such] the payment.
κ1979
Statutes of Nevada, Page 119 (CHAPTER 78, SB 171)κ
Upon verification [of the correctness]
of the claim, the department shall transmit it to the state controller for
payment from the Nevada beef promotion fund.
Sec. 51. NRS
598A.260 is hereby amended to read as follows:
598A.260 1. [All attorney fees and costs and 10 percent of all
recoveries obtained as damages or civil penalties for the State of Nevada and
its agencies by the attorney general as a result of enforcement of statutes
pertaining to unfair trade practices, whether by final judgment, settlement or
otherwise, shall be deposited with the state treasurer to the credit of the
attorney generals unfair trade practice fund, which is hereby created.
2. The balance of
all recoveries obtained as damages or civil penalties for the State of Nevada
and its agencies by the attorney general as a result of enforcement of statutes
pertaining to unfair trade practices, whether by final judgment, settlement or
otherwise, shall be deposited with the state treasurer to the credit of the
general fund.
3. On June 30 of
each fiscal year, any balance in excess of $30,000 remaining in the attorney
generals unfair trade practice fund shall revert to the general fund.]
All money obtained as awards, damages or civil penalties
for the State of Nevada and its agencies by the attorney general as a result of
enforcement of statutes pertaining to unfair trade practices, whether by final
judgment, settlement or otherwise must be deposited in the state treasury as
follows:
(a) All attorneys fees
and costs and 10 percent of all recoveries for credit to the attorney generals
special fund.
(b) The balance of the
recoveries for credit to the state general fund.
2. Money deposited
in the state treasury for credit to the attorney generals special fund
pursuant to subsection 1 must be used for payment of the expenses of enforcing
the statutes pertaining to unfair trade practices. Those expenses which are in
excess of the amount available in the fund must be paid out of the legislative
appropriation for the support of the office of attorney general.
3. On June 30 of
each fiscal year, any amount in excess of $30,000 in the attorney generals
special fund of the money collected pursuant to subsection 1 reverts to the
state general fund.
Sec. 52. NRS
645.842 is hereby amended to read as follows:
645.842 [There
is hereby created in the state treasury the] The real estate education, research and recovery fund [.] is hereby
created as a special revenue fund. A balance of not more than $50,000 [shall] must be
maintained in the fund, to be used for satisfying claims against persons
licensed under this chapter, as provided in NRS 645.841 to 645.8494, inclusive.
Any balance over $50,000 at the end of any fiscal year [shall]
must be set aside and used by the administrator,
after approval of the commission, for real estate education and research.
Sec. 53. NRS
645.843 is hereby amended to read as follows:
645.843 1. Except as
otherwise provided in subsection 2, upon issuance or renewal of every real
estate brokers and real estate salesmans license, every licensed broker and
salesman shall pay in addition to the original or renewal fee, a fee of $40. [Such] The additional fee [shall
be paid into the] must be deposited in the state
treasury [and credited] for credit to the real estate education, research and
recovery fund, and shall be used solely for the purposes provided in NRS
645.841 to 645.8494, inclusive.
κ1979
Statutes of Nevada, Page 120 (CHAPTER 78, SB 171)κ
be paid into the] must be deposited in the state treasury [and credited] for
credit to the real estate education, research and
recovery fund, and shall be used solely for the purposes provided in NRS
645.841 to 645.8494, inclusive.
2. A salesman who renews his license
while employed by an owner-developer is not required to pay [into the fund.] the
additional fee.
Sec. 54. NRS
645B.050 is hereby amended to read as follows:
645B.050 1. The mortgage
companys license expires June 30 next after the date of issuance if it is not
renewed. A license may be renewed by filing a renewal application, submitting
such financial data as may be required by the commissioner and paying the
annual license fee for the succeeding year. The commissioner may require:
(a) An independent audit report by a public
accountant certified or registered in this state; or
(b) If the commissioner determines that the
mortgage activities of the company are limited and incidental to its primary
business activity, an unaudited financial statement signed by the principal
owner of the company and dated not earlier than the close of the companys
latest fiscal or calendar year.
2. The filing fees are:
(a) For filing an original application, $100 for
the principal office and $35 for each branch office.
(b) For filing an original application from
April 1 to June 30, inclusive, $50 for the principal office of a mortgage
company.
(c) For filing an application for a duplicate
copy of any license, upon satisfactory showing of its loss, $10.
(d) For filing a renewal application, the filing
fees shall be determined by the dollar volume of loans originated in the
preceding calendar year ended December 31, in accordance with the following
schedule:
Under $1 million.............................................................................................. $100
$1 million to $2 million................................................................................... 150
$2 million to $3 million................................................................................... 200
$3 million to $4 million................................................................................... 250
$4 million to $5 million................................................................................... 300
$5 million to $10 million................................................................................. 400
Over $10 million.............................................................................................. 500
3. All fees received under this chapter [shall] must be
deposited [to the credit of] in the state treasury for credit to the state general
fund.
Sec. 55. NRS
648.040 is hereby amended to read as follows:
648.040 1. [All receipts under this chapter shall be reported at
the beginning of each month for the month preceding to the state controller.
The entire amount received shall be paid into the state treasury to the credit of
the private investigators contingent fund.
2. The fund shall]
All amounts received pursuant to the provisions of this
chapter must be deposited in the state treasury for credit to the attorney
generals special fund and must be used by the board for the
administration of this chapter and to pay the expenses and salary of members
and employees of the board.
[3.] 2. Any [balance
remaining in the fund] amount remaining at
the end of a fiscal year [shall] must be carried forward
into the next fiscal year.
κ1979
Statutes of Nevada, Page 121 (CHAPTER 78, SB 171)κ
the end of a fiscal year [shall]
must be carried forward into the next fiscal
year.
Sec. 56. NRS
679B.300 is hereby amended to read as follows:
679B.300 1. [There is continued in the state treasury the insurance
examination fund for the use of the division. The commissioner shall promptly
deposit with the state treasurer for the credit to such fund all moneys
received by him pursuant to NRS 679B.290.]
The insurance examination fund is hereby created as a special revenue fund. All
money received by the commissioner pursuant to NRS 679B.290 must be deposited
in the state treasury for credit to the fund.
2. [Moneys]
Money for travel, per diem, compensation and
other necessary and authorized expenses incurred by an examiner or other
division representative in the examination of any person required to pay, and
making payment of, the expense of examination pursuant to NRS 679B.290 [shall] must be
paid out of the insurance examination fund [on
claims] as other claims against the state are paid. [, upon approval by the
commissioner.]
Sec. 57. NRS
680B.070 is hereby amended to read as follows:
680B.070 1. Each authorized
insurer shall on or before August 1 of each year pay to the commissioner [such] the uniform
amount, not to exceed $15, as the commissioner may require and give the insurer
written notice thereof, to cover the assessment levied upon this state in the
same calendar year by the National Association of Insurance Commissioners for
the purpose of defraying:
(a) The general expenses of [such] the association;
and
(b) Reasonable and necessary travel and related
expenses incurred by the commissioner and members of his staff, without limitation as to number, in attending meetings
of [such] the
association, its committees, subcommittees, hearings and its other
official activities.
2. [There
is created in the state treasury a revolving fund designated the insurance
division national association fund. The commissioner shall promptly transmit to
the state treasurer all moneys received by him pursuant to subsection 1 for credit
to this fund.
3. Upon
presentation of proper vouchers approved by the commissioner, the state
controller shall issue his warrants upon the fund, and the state treasurer
shall pay the warrants out of the money credited to the fund.] Expenses incurred for the purposes described in paragraphs (a)
and (b) of subsection 1 must be paid in full and are not subject to the
limitations expressed in NRS 281.160 or in the regulations of any state agency.
3. All money
received by the commissioner pursuant to subsection 1 must be deposited in the
state treasury for credit to the insurance division national association fund
which is hereby created as a special revenue fund. Except as provided in
subsection 2, all claims against the fund must be paid as other claims against
the state are paid.
Sec. 58. NRS
689.385 is hereby amended to read as follows:
689.385 [The
administrator shall promptly deposit with the state treasurer, for credit to
the insurance division regulatory revolving fund, which is hereby established
in the state treasury, all fees and charges collected by him under this
chapter.] The insurance division
regulatory fund is hereby created as a special
revenue fund.
κ1979
Statutes of Nevada, Page 122 (CHAPTER 78, SB 171)κ
fund is hereby created as a special
revenue fund. All money collected by the administrator under this chapter must
be deposited in the state treasury for credit to the fund. Expenses incurred in
carrying out the provisions of this chapter must be paid from the fund as other
claims against the state are paid.
Sec. 59. NRS
696B.520 is hereby amended to read as follows:
696B.520 1. The commissioner
may apply for and any district court may grant such restraining orders,
temporary and permanent injunctions and other orders as may be deemed necessary
to enforce the commissioners order.
2. A violation of any order of the
commissioner issued under NRS 696B.500 by any person as to whom the order is in
effect [shall subject such] subjects the person to a penalty of not more than
$10,000, to be collected in a civil action brought by the attorney general in
the name of the State of Nevada. The attorney general shall deposit all [funds] money so
collected [with the state treasurer to the credit
of] in the state treasury for credit to the
insurance division regulatory [revolving]
fund.
Sec. 60. NRS
697A.090 is hereby amended to read as follows:
697A.090 The commissioner shall pay into
the state general fund [of
the state] on July 1 three-fourths of the unclaimed [funds] money received
from life insurers during the preceding fiscal year. The remaining one-fourth [shall be administered by him as a special trust fund
for the purposes of this chapter, and deposited in the manner provided by law
for the deposit of such funds.] must be
deposited in the state treasury for credit to the insurance unclaimed trust fund
which is hereby created. At the end of each [calendar]
fiscal year, any unclaimed [funds which have] money which has been a part of [such
special] the trust fund for a
period of 7 years or more [shall] must be paid into the state general
fund [of the state] for the use of
the state, but the [special] trust
fund [shall never be so] must not be reduced to less than $1,000.
Sec. 61. NRS
223.220, 226.165 and 598A.270 are hereby repealed.
________
CHAPTER 79, SB 182
Senate Bill No. 182Senator
Young
CHAPTER 79
AN ACT relating to professional
corporations and associations; relaxing restrictions on the use of fictitious
names; and providing other matters properly relating thereto.
[Approved March 21, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
89.040 is hereby amended to read as follows:
89.040 1. One or more [individuals,] persons,
each of whom is authorized to perform the same professional service, may
organize a professional corporation in the manner provided for organizing a
private corporation under chapter 78 of NRS.
κ1979
Statutes of Nevada, Page 123 (CHAPTER 79, SB 182)κ
corporation under chapter 78 of NRS. The articles of
incorporation [shall] must contain the following additional information:
(a) The profession to be practiced by means of
the professional corporation.
(b) The names and [residence]
residential addresses of the original
stockholders and directors of the professional corporation.
(c) A certificate from the regulating board of the
profession to be practiced showing that each of the stockholders and directors
is duly licensed to practice such profession.
2. Notwithstanding the provisions of NRS
78.115, a professional corporation of fewer than four stockholders may have a
board of directors of fewer than three members, but of at least one member.
3. The corporate name of a professional
corporation [shall] must contain the words Professional Corporation or
the abbreviation Prof. Corp., or the word Chartered or Limited or the
abbreviation Ltd. The corporate name [shall]
must contain the last name of one or more of its
stockholders. [;
but the] The corporation may render
professional services and exercise its authorized powers under a fictitious name [which is
identical to its corporate name, except that the words or abbreviations set
forth in the first sentence of this subsection as part of the name of the
corporation may be omitted] if the corporation has first
registered the name [to be so used]
in the manner required under chapter 602 of NRS. [for the registration of fictitious names.]
Sec. 2. NRS
89.210 is hereby amended to read as follows:
89.210 1. Within 30 days
following the organization of a professional association under this chapter the
association shall file with the secretary of state a copy of the articles of
association, duly executed, and shall pay at that time a filing fee of $25. Any
such association formed as a common law association [prior
to] before July 1, 1969, shall
file, within 30 days of July 1, 1969, a certified copy of its articles of
association, with any amendments thereto, with the secretary of state, and
shall pay at that time a filing fee of $25. A copy of any amendments to the
articles of association adopted after July 1, 1969, [shall]
must also be filed with the secretary of state
within 30 days after the adoption of such amendments. Each copy of amendments
so filed [shall] must be certified as true and correct and [shall] be accompanied
by a filing fee of $10.
2. The name of such a professional
association [shall] must contain the words Professional Association,
Professional Organization or the abbreviations Prof. Assn or Prof. Org. [If the association name contains the last name of one
or more of its members the] The association
may render professional services and exercise its authorized powers under a fictitious name [which is
identical to its association name, except that the words or abbreviations set
forth in the first sentence of this subsection as part of the name of the
association may be omitted] if the association has first
registered the name [to be so used]
in the manner required under chapter 602 of NRS. [for the registration of fictitious names.]
________
κ1979 Statutes
of Nevada, Page 124κ
CHAPTER 80, SB 198
Senate Bill No.
198Senators Jacobsen, Blakemore, Dodge, Glaser, Faiss and Neal
CHAPTER 80
AN ACT relating to the state fire marshal;
restoring his office and amending his powers and duties; reorganizing the state
fire marshal division of the department of commerce; making an appropriation;
providing penalties; and providing other matters properly relating thereto.
[Approved March 22, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
477 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
A fire chief or fire marshal
designated by a local government which maintains an organized fire department
may serve as a special deputy state fire marshal, without additional
compensation. The special deputy state fire marshal shall carry out the
provisions of this chapter in the jurisdiction of the local government.
Sec. 2. NRS
477.010 is hereby amended to read as follows:
477.010 1. The state fire
marshal division is hereby established in the department of commerce.
2. The division consists of the fire
protection and control section, [the factory-built housing section and the mobile home
and travel trailer section.
3. The director of
the department of commerce shall appoint the state fire marshal, who shall be
in the unclassified service of the state.] the fire investigation section, the public education section
and the fire data section.
Sec. 3. NRS
477.013 is hereby amended to read as follows:
477.013 1. The state fire
marshal [is authorized to] may appoint, within the limits of legislative
appropriations, an assistant,
deputies and such staff as is necessary to the performance of his
duties.
2. The assistant, deputies
and additional personnel appointed by the state fire marshal are in the
classified service of the state in accordance with the provisions of chapter
284 of NRS.
Sec. 4. NRS
477.015 is hereby amended to read as follows:
477.015 The state fire marshal, his assistant and his
deputies are not police officers or firemen for the purpose of early retirement
under chapter 286 of NRS.
Sec. 5. NRS
477.020 is hereby amended to read as follows:
477.020 1. The state fire
marshals advisory board, consisting of five members appointed by the governor,
is hereby created.
2. The governor shall appoint [members who are employed in the fire service within
the state.] :
(a) A licensed architect;
(b) A chief of a
volunteer fire department;
(c) A chief of a
full-time, paid fire department;
(d) A professional
engineer; and
(e) The state forester
firewarden,
to the board. No member other than the state forester firewarden may serve for
more than two consecutive terms.
κ1979
Statutes of Nevada, Page 125 (CHAPTER 80, SB 198)κ
3. The board shall select a chairman from
among its members to serve for 1 year. The state fire marshal shall serve as
the secretary of the board.
4. The board shall meet at least twice each year or on the call of the
chairman, the secretary or any three members.
5. The members of the board, except the state forester
firewarden, are entitled to receive a salary of $40 for each days
attendance at a meeting of the board and all members are
entitled to the per diem allowances and travel expenses provided by law.
6. The board shall make recommendations
to the state fire marshal and to the legislature concerning necessary
legislation in the field of firefighting and fire protection. When requested to do so by the director of the department of
commerce, the board shall recommend to him not fewer than three persons for
appointment as state fire marshal.
Sec. 6. NRS
477.030 is hereby amended to read as follows:
477.030 1. [The] Except as
provided in this section, the state fire marshal shall enforce all laws
and adopt regulations relating to:
(a) Fire prevention.
(b) The storage and use of combustibles,
flammables, fireworks and explosives.
(c) The safety, access, means and adequacy of
exit in case of fire from mental and penal institutions, child care facilities,
foster homes, adult group care facilities, intermediate care facilities,
nursing homes, hospitals, schools, all buildings, except private residences,
which are occupied for sleeping purposes, buildings used for public assembly,
and all other buildings where large numbers of persons work, live or congregate
from time to time for any purpose. As used in this paragraph, public assembly
means a building or a portion of a building used for the gathering together of
50 or more persons for the purposes of deliberation, education, instruction,
worship, entertainment, amusement or awaiting transportation, or the gathering
together of 100 or more persons in establishments for drinking or dining.
(d) The suppression and punishment of arson and
fraudulent claims or practices in connection with fire losses.
The regulations of the state fire
marshal apply throughout the state, but, except with respect to state-owned or
state-occupied buildings, his authority to enforce them or conduct
investigations under this chapter is limited to those counties having a
population of less than 100,000, except in those local jurisdictions in other
counties where he is requested to exercise that authority by the chief officer
of the organized fire department of that jurisdiction.
2. [The fire chief or his designated representative in
each incorporated or unincorporated city or town having an organized fire
department shall have the powers and duties of a deputy state fire marshal with
respect to enforcement of the laws and regulations described in subsection 1,
and he shall enforce such laws and regulations without additional compensation.
3.] The
state fire marshal may set standards for equipment and appliances pertaining to
fire safety or to be used for fire protection purposes within this state,
including the threads used on fire hose couplings and hydrant fittings.
κ1979 Statutes
of Nevada, Page 126 (CHAPTER 80, SB 198)κ
[4.] 3. The state fire marshal shall cooperate
with the state forester firewarden in the preparation of [rules and] regulations relating to
standards for fire retardant roofing materials pursuant to paragraph (e) of
subsection 1 of NRS 472.040.
[5.] 4. The state fire marshal shall cooperate
with the welfare division of the department of human resources in establishing
reasonable minimum standards for, overseeing the safety of and directing the
means and adequacy of exit in case of fire from family foster homes and group
foster homes.
[6. The
state fire marshal and his deputies shall have such powers and perform such
other duties as are prescribed by law.]
5. The
state fire marshal shall coordinate all activities conducted pursuant to the
Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive
and distribute money allocated by the United States pursuant to that act.
6. The state fire
marshal shall:
(a) Investigate any fire
which occurs in a county having a population of less than 100,000, and from
which a death results or which is of a suspicious nature.
(b) Investigate any fire
which occurs in a county having a population of 100,000 or more, and from which
a death results or which is of a suspicious nature, if requested to do so by
the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Provide specialized
training in investigating the causes of fires if requested to do so by the
chief officer of an organized fire department.
7. The state fire
marshal shall put the Uniform Fire Incident Reporting System into effect
throughout the state on or before January 1, 1984, and publish at least
annually a summary of data collected under the system.
8. The state fire
marshal shall provide assistance and materials to local authorities, upon
request, for establishment of public education programs and other fire
prevention activities.
9. The state fire
marshal shall:
(a) Assist in checking
construction plans and specifications;
(b) Provide specialized
training to local fire departments; and
(c) Assist local
governments in drafting local regulations and ordinances,
on request or as he deems necessary.
10. As used in 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. 7. NRS
477.033 is hereby amended to read as follows:
477.033 1. A license, issued
by the state fire marshal, is required for [the
servicing,] :
(a) Servicing, installation
or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.
(b) Use of explosives by
qualified persons for commercial purposes.
(c) Commercial fireworks
displays.
2. Applications
for licenses [shall] must be made on a form prescribed by the state fire
marshal.
κ1979
Statutes of Nevada, Page 127 (CHAPTER 80, SB 198)κ
3. The state fire marshal may conduct
inspections, examinations or hearings [prior to]
before the issuance of licenses.
4. The state fire marshal may charge a
reasonable fee, to be fixed by regulation, for the inspection and issuance of
licenses.
5. If any person is denied a license by
the state fire marshal, [such person]
he is entitled to a hearing, upon request, before
the state fire marshals advisory board.
Sec. 8. NRS
477.035 is hereby amended to read as follows:
477.035 1. The state fire
marshal shall:
(a) Inspect or cause to
be inspected annually, all state buildings and order such
fire-extinguishing and safety appliances as he deems necessary for the
protection of the property against fire.
(b) Order the removal of combustibles and
rubbish from the property, or order such changes in the entrances or exits of
the buildings as will promote the safety of the [inmates,]
occupants, or order the provision of such fire
escapes as he may deem necessary.
(c) Provide inspection
forms and maintain records of inspections of state-owned or state-occupied
buildings.
2. If the agency in charge of any state
property fails to comply with the order of the state fire marshal for any
structural change within 30 days after the receipt of such order, the fire
marshal shall report such failure to the state public works board. The state
public works board shall thereupon take necessary steps to correct the
situation as ordered.
3. The state fire
marshal may contract with local authorities for the inspection of state-owned
or state-occupied buildings.
Sec. 9. NRS
477.037 is hereby amended to read as follows:
477.037 The state fire marshal [may:] :
1. [Establish]
Shall establish and maintain a library of
publications, films, fire report data and other
materials for the benefit of the fire service of the state [.] and the
general public.
2. [Charge]
May charge a reasonable fee for the use of the
materials in the library.
Sec. 10. NRS
477.060 is hereby amended to read as follows:
477.060 1. Any
person who knowingly violates the provisions of this chapter or any of the [rules or regulations promulgated] regulations adopted by the state fire marshal is guilty
of a misdemeanor.
2. Each day on
which a violation occurs is a separate offense.
Sec. 11. 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;
κ1979
Statutes of Nevada, Page 128 (CHAPTER 80, SB 198)κ
commission of Nevada when exercising those enforcement
powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and
towns;
8. Parole and probation officers;
9. Special investigators employed by the
office of any district attorney or the attorney general;
10. Arson investigators for fire
departments specially designated by the appointing authority;
11. Members of the University of Nevada
System police department;
12. The state fire marshal and his assistant and deputies;
13. The brand inspectors of the state
department of agriculture when exercising the enforcement powers conferred in
chapter 565 of NRS;
14. Arson investigators for the state
forester firewarden specially designated by the appointing authority;
15. The deputy director, superintendents,
correctional officers and other employees of the department of prisons when
carrying out any duties prescribed by the director of the department of
prisons;
16. Division of state parks employees
designated by the administrator of the division of state parks in the state
department of conservation and natural resources when exercising police powers
specified in NRS 407.065;
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
or when investigating a violation of a provision of chapter 205 of NRS in the
form of a crime against the property of a gaming licensee;
19. The director, division chiefs,
investigators, agents and other sworn personnel of the 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. 12. NRS
232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the
governor, a chief of each of the divisions of the department. In making such
appointments, other than that of the state fire marshal,
the director shall obtain lists of nominees from recognized professional
organizations, if any, in the appropriate professions and shall make such
appointments after consultation with and concurrence of
such organizations.
κ1979
Statutes of Nevada, Page 129 (CHAPTER 80, SB 198)κ
and concurrence of such organizations. The director shall consult the state fire marshals advisory
board and appoint the state fire marshal from the list of candidates presented
by the board. The chief of the banking division shall be known as the
superintendent of banks, the chief of the consumer affairs division shall be
known as the commissioner of consumer affairs, the chief of the credit union
division shall be known as the commissioner of credit unions, the chief of the
housing division shall be known as the administrator of the housing division,
the chief of the insurance division shall be known as the commissioner of
insurance, the chief of the real estate division shall be known as the real
estate administrator, the chief of the savings and loan division shall be known
as the commissioner of savings associations and the chief of the state fire
marshal division shall be known as the state fire marshal.
2. Be responsible for the administration,
through the divisions of the department, of the provisions of Titles 55 to 57,
inclusive, of NRS, chapters 319 and 645 of NRS, NRS 598.360 to 598.640,
inclusive, and all other provisions of law relating to the functions of the
divisions of the department.
Sec. 13. NRS
232.270 is hereby amended to read as follows:
232.270 The chief of each of the
divisions of the department shall:
1. [Except
for the state fire marshal, be] Be in
the unclassified service of the state pursuant to the provisions of chapter 284
of NRS.
2. [Except
for the state fire marshal, receive] Receive
an annual salary in the amount determined pursuant to the provisions of
NRS 284.182.
3. Administer the provisions of law
relating to his division, subject to the administrative supervision of the
director.
4. Devote his entire time and attention
to the business of his office and shall not pursue any other business or
occupation or hold any other office of profit, except for temporary and
part-time teaching duties on a university campus.
Sec. 14. Chapter
244 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
The board of county
commissioners of any county which has 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, may provide by ordinance for
investigation of fires in which a death has occurred or which are of a
suspicious origin, and for the enforcement of regulations adopted by the state
fire marshal.
Sec. 15. 1. NRS
477.040 is hereby repealed.
2. Section 8.5 of chapter 575, Statutes
of Nevada 1977, at page 1482, is hereby repealed.
Sec. 16. 1. The
terms of the members of the state fire marshals advisory board who are serving
on July 1, 1979, expire on that date.
2. The governor shall appoint to the
state fire marshals advisory board four persons who are qualified under
paragraphs (a) to (d), inclusive, of subsection 1 of NRS 477.020 to serve terms
beginning on July 1, 1979, and ending as follows:
(a) Two members to terms expiring on June 30,
1982.
(b) Two members to terms expiring on June 30,
1981.
κ1979
Statutes of Nevada, Page 130 (CHAPTER 80, SB 198)κ
Sec. 17. 1. There
is hereby appropriated from the state general fund to the state fire marshal
division of the department of commerce the sum of $32,071 for the support of
that division.
2. After June 30, 1979, the unencumbered
balance of the appropriation made in subsection 1 may not be encumbered and
must revert to the state general fund.
Sec. 18. This
act shall become effective upon passage and approval, and shall operate
retrospectively from March 1, 1979. All acts done within the scope of the
duties of the state fire marshal between March 1, 1979, and the effective date
of this act by the state fire marshal or the commissioner of insurance are
hereby ratified and validated. The continued employment and compensation of the
state fire marshal and his subordinates are hereby ratified, and each of them
shall be deemed to have remained in his position without interruption for the
purposes of industrial insurance, public employees retirement and all other
benefits enjoyed by them respectively as employees of the state before March 1,
1979.
________
CHAPTER 81, AB 183
Assembly Bill No.
183Committee on Judiciary
CHAPTER 81
AN ACT relating to subpenas; providing a
method for witnesses to accept delivery of certain subpenas in lieu of service;
clarifying that failure to obey a district attorneys subpena is contempt of
court; and providing other matters properly relating thereto.
[Approved March 22, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
174.315 is hereby amended to read as follows:
174.315 1. The
district attorney may issue subpenas subscribed by him for:
[1.] (a) Witnesses within the state, in support of the
prosecution or whom the grand jury may direct to appear before it, upon any
investigation pending before the grand jury.
[2.] (b) Witnesses within the state, in support of an
indictment, information or criminal complaint, to appear before the court at
which it is to be tried.
[3.] (c) Witnesses already subpenaed who are required
to reappear in any justices court at any time the court is to reconvene in the
same case within 60 days, and such time may be extended beyond 60 days upon
good cause being shown for its extension.
2. Witnesses,
whether within or without the state, may accept delivery of a subpena in lieu
of service, by a written promise to appear signed by the witness.
Sec. 2. NRS
174.385 is hereby amended to read as follows:
174.385 [1.] Failure
by any person without adequate excuse to obey a subpena of
a court or a district attorney served upon him [may]
or, in the case of a subpena issued by a district
attorney, delivered to him and accepted, shall be deemed a contempt of the
court from which the subpena issued [.]
κ1979
Statutes of Nevada, Page 131 (CHAPTER 81, AB 183)κ
or, in the case of a subpena issued
by a district attorney, delivered to him and accepted, shall be deemed a
contempt of the court from which the subpena issued [.]
or, in the case of a subpena issued by a district
attorney, of the court in which the investigation is pending or the indictment,
information or complaint is to be tried.
[2. A
witness disobeying a subpena issued on the part of a defendant shall also
forfeit to the defendant the sum of $100, which may be recovered in a civil
action, unless good cause can be shown for his nonattendance.]
________
CHAPTER 82, AB 13
Assembly Bill
No. 13Assemblymen Mello, Weise, Barengo, Bremner, Westall, Harmon, Wagner,
Coulter, Dini, Glover, Rusk, Webb, Mann, Price, Getto, Hayes, Sena, Jeffrey,
Vergiels, Horn, Hickey, Robinson, Banner, Bedrosian, Prengaman, Rhoads,
Craddock, Fielding, FitzPatrick, Brady, Stewart, Bennett, Tanner and Chaney
CHAPTER 82
AN ACT relating to elections; prescribing
the order in which offices and questions must be set out on ballots for general
election; and providing other matters properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
293.268 is hereby amended to read as follows:
293.268 The offices for which there are
candidates [and] , the names of the candidates therefor, [shall be listed in the order in which they are
certified by the secretary of state. Such offices and names shall be followed
by the county and other offices for which there are candidates with the names
of the candidates for such offices listed in alphabetical order. The secretary
of state may, by regulation, set standards for the placement of county and
township offices.] and the questions to be
voted upon must be printed on ballots in the following order:
1. President and
Vice President of the United States.
2. United States
Senator and Representative in Congress, in that sequence.
3. Governor,
lieutenant governor, secretary of state, treasurer, controller and attorney
general, in that sequence.
4. State senators
and assemblymen.
5. County and
township partisan offices.
6. Statewide
nonpartisan offices.
7. District
nonpartisan offices.
8. Township
nonpartisan offices.
9. Questions presented
to the voters of the state.
10. Questions
presented only to the voters of a special district or political subdivision of
the state.
________
κ1979
Statutes of Nevada, Page 132κ
CHAPTER 83, AB 55
Assembly Bill No.
55Committee on Taxation
CHAPTER 83
AN ACT relating to property taxation;
abolishing the requirement of an annual claim of exemption for fraternities and
sororities at the University of Nevada from the property tax; and providing
other matters properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
361.100 is hereby amended to read as follows:
361.100 1. All
real property owned by any fraternity or sorority, or chapter thereof, [when the same] which
is composed of students of the University of Nevada, Reno, or the
University of Nevada, Las Vegas, and used as a home for its members [, shall be] is exempt
from taxation.
2. After an initial
claim for a tax exemption authorized by subsection 1 has been filed as provided
in NRS 361.155, no further claim for the tax exemption need be filed by any
claimant with the county assessor. No county assessor may demand that a further
claim for such a tax exemption be filed with him as a condition precedent to
his allowing the exemption.
3. Whenever any
exempt property is sold or ceases to be exempt from taxation by reason of the
provisions of subsection 1 of NRS 361.157 or 361.159, the owner thereof shall
forthwith notify the county assessor of such fact.
Sec. 2. NRS
361.125 is hereby amended to read as follows:
361.125 1. Churches,
chapels, other than marriage chapels, and other buildings used for religious
worship, with their furniture and equipment, and the lots of ground on which
they stand, used therewith and necessary thereto, owned by some recognized
religious society or corporation, and parsonages so owned, [shall be] are exempt
from taxation; but when any such property is used exclusively or in part for
any other than church purposes, and a rent or other valuable consideration is
received for its use, the [same shall]
property must be taxed.
2. [Notwithstanding
the provisions of NRS 361.155 or any other law, after] After an initial claim for a tax exemption authorized
by subsection 1 has been filed as provided in NRS 361.155, no further claim for
tax exemption need be filed by any claimant with the county assessor. No county
assessor may demand that a further claim for such a tax exemption be filed with
him as a condition precedent before allowing such tax exemption.
3. Whenever any [property]
exempt property is sold or ceases to be exempt from taxation by reason of the provisions
of subsection 1 of NRS 361.157 or 361.159, the owner thereof shall forthwith
notify the county assessor of such fact.
Sec. 3. NRS
361.155 is hereby amended to read as follows:
361.155 [All]
Except as otherwise provided for a specific exemption,
all claims for tax exemptions on real property [shall]
must be filed on or before the 1st Monday in
August of the year for which the exemption is claimed. All exemptions provided
for under this chapter apply on a fiscal year basis and
any exemption granted under this chapter [shall] must not be in an amount which
gives the taxpayer a total exemption greater than that to which he is entitled
during any fiscal year.
κ1979
Statutes of Nevada, Page 133 (CHAPTER 83, AB 55)κ
apply on a fiscal year basis and any exemption granted under
this chapter [shall] must not be in an amount which gives the taxpayer a
total exemption greater than that to which he is entitled during any fiscal
year.
________
CHAPTER 84, AB 76
Assembly Bill No.
76Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey
CHAPTER 84
AN ACT relating to transportation;
providing for uniformity in the standards employed by the public service
commission of Nevada in regulating the charges and practices of motor carriers;
and providing other matters properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
706.331 is hereby amended to read as follows:
706.331 1. If, upon any
hearing and after due investigation, the rates, tolls, fares,
charges, schedules, tariffs, [or] joint rates [are
found to be unjust, unreasonably or unjustly discriminatory, or to be
preferential, or otherwise in violation of any of the provisions of this
chapter, the commission shall have the power to fix and order substituted
therefor such rate or rates, tolls, charges, tariffs or schedules as are just
and reasonable.
2. If in like
manner it is found that] or any
regulation, measurement, practice, act or service complained of is found to be unjust, unreasonable, insufficient,
preferential, unjustly discriminatory or otherwise in violation of the
provisions of this chapter, or if it is found that the service is inadequate,
or that any reasonable service cannot be obtained, the commission [shall have the power to] may substitute therefor such other rates, tolls, fares, charges, tariffs, schedules or regulations,
measurements, practices, service or acts and make such order relating thereto
as may be just and reasonable.
[3.] 2. When complaint is made of more than one
[rate, charge or practice,] matter, the commission may [,
in its discretion,] order separate hearings upon the several
matters complained of [and] at such
times and places as it may prescribe.
[4.] 3. No complaint [shall]
may at any time be dismissed because of the
absence of direct damage to the complainant.
[5.] 4. The commission may at any time, upon
its own motion, investigate any of the [rates,
tolls, charges, rules, regulations, practices and service,] matters listed in subsection 1, and, after a full
hearing as above provided, by order, make such changes as may be just and
reasonable, the same as if a formal complaint has been made.
________
κ1979
Statutes of Nevada, Page 134κ
CHAPTER 85, AB 115
Assembly Bill No.
115Committee on Judiciary
CHAPTER 85
AN ACT relating to child custody; adopting the Uniform
Child Custody Jurisdiction Act; and providing other matters properly relating
thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Title
11 of NRS is hereby amended by adding thereto a new chapter to consist of the
provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. This
chapter may be cited as the Uniform Child Custody Jurisdiction Act.
Sec. 3. The
general purposes of this chapter are to:
1. Avoid jurisdictional competition and
conflict with courts of other states in matters of child custody which have in
the past resulted in the shifting of children from to state to state with
harmful effects on their well-being;
2. Promote cooperation with the courts of
other states to the end that a custody decree is rendered in that state which
can best decide the case in the interest of the child;
3. Assure that litigation concerning the
custody of a child take place ordinarily in the state with which the child and
his family have the closest connection and where significant evidence
concerning his care, protection, training and personal relationships is most
readily available, and that courts of this state decline the exercise of
jurisdiction when the child and his family have a closer connection with
another state;
4. Discourage continuing controversies
over child custody in the interest of greater stability of home environment and
of secure family relationships for the child;
5. Deter abductions and other unilateral
removals of children undertaken to obtain custody awards;
6. Avoid relitigation of custody
decisions of other states in this state insofar as feasible;
7. Facilitate the enforcement of custody
decrees of other states;
8. Promote and expand the exchange of
information and other forms of mutual assistance between the courts of this
state and those of other states concerned with the same child; and
9. Make uniform the law of those states
which enact it.
This chapter shall be construed to promote the general
purposes stated in this section.
Sec. 4. As
used in this chapter:
1. Contestant means a person, including
a parent, or an Indian childs tribe as defined by the Indian Child Welfare Act
of 1978 (25 U.S.C. §§ 1901 et seq.), who claims a right to custody or
visitation rights with respect to a child.
2. Custody determination means a court
decision and court orders and instructions providing for the custody of a
child, including visitation rights. It does not include a decision relating to
child support or any other monetary obligation of any person.
κ1979
Statutes of Nevada, Page 135 (CHAPTER 85, AB 115)κ
3. Custody proceeding includes
proceedings in which a custody determination is one of several issues, such as
an action for divorce or separation, and includes child neglect and dependency
proceedings.
4. Decree or custody decree means a
custody determination contained in a judicial decree or order made in a custody
proceeding.
5. Home state means the state in which
the child immediately preceding the time involved lived with his parents, a
parent, or a person acting as parent, for at least 6 consecutive months, and in
the case of a child less than 6 months old the state in which the child lived
from birth with any of the persons mentioned. Periods of temporary absence of
any of the named persons are counted as part of the 6-month or other period.
6. Initial decree means the first
custody decree concerning a particular child.
7. Modifying decree means a custody
decree which modifies or replaces a prior decree, whether made by the court
which rendered the prior decree or by another court.
8. Person acting as parent means a
person, other than a parent, who has physical custody of a child and who has either
been awarded custody by a court or claims a right to custody.
9. Physical custody means actual
possession and control of a child.
10. State means any state, territory or
possession of the United States, the Commonwealth of Puerto Rico and the
District of Columbia, or an Indian tribe in situations where the Indian Child
Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.) applies.
Sec. 5. 1. A
court of this state which is competent to decide child custody matters has
jurisdiction to make a child custody determination by initial or modifying
decree if:
(a) This state:
(1) Is the home state of the child at the
time of commencement of the proceeding; or
(2) Had been the childs home state
within 6 months before commencement of the proceeding and the child is absent
from this state because of his removal or retention by a person claiming his
custody or for other reasons, and a parent or person acting as parent continues
to live in this state;
(b) It is in the best interest of the child that
a court of this state assume jurisdiction because:
(1) The child and his parents, or the
child and at least one contestant, have a significant connection with this
state; and
(2) There is available in this state
substantial evidence concerning the childs present or future care, protection,
training and personal relationships;
(c) The child is physically present in this
state and:
(1) The child has been abandoned; or
(2) It is necessary in an emergency to
protect the child because he has been subjected to or threatened with
mistreatment or abuse or is otherwise neglected;
(d) It appears that no other state would have
jurisdiction under prerequisites substantially in accordance with paragraphs
(a), (b) or (c), or another state has declined to exercise jurisdiction on the
ground that his state is the more appropriate forum to
determine the custody of the child, and it is in the best interest of the child
that this court assume jurisdiction; or
κ1979
Statutes of Nevada, Page 136 (CHAPTER 85, AB 115)κ
state is the more appropriate forum to determine the custody
of the child, and it is in the best interest of the child that this court
assume jurisdiction; or
(e) The child is not subject to the exclusive
jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of
1978 (25 U.S.C. §§ 1901 et seq.).
2. Except under paragraphs (c) and (d) of
subsection 1, physical presence in this state of the child, or of the child and
one of the contestants, is not alone sufficient to confer jurisdiction on a
court of this state to make a child custody determination.
3. Physical presence of the child, while
desirable, is not a prerequisite for jurisdiction to determine his custody.
Sec. 6. Before
making a decree under this chapter, reasonable notice and opportunity to be
heard must be given to the contestants, any parent whose parental rights have
not been previously terminated, and any person who has physical custody of the child.
If any of these persons is outside this state, notice and opportunity to be
heard must be given pursuant to section 7 of this act.
Sec. 7. Unless
the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.) applies and
imposes a different requirement:
1. Notice required for the exercise of
jurisdiction over a person outside this state must be given in a manner
reasonably calculated to give actual notice, and may be:
(a) By personal delivery outside this state in
the manner prescribed for service of process within this state;
(b) In the manner prescribed by the law of the
place in which the service is made for service of process in that place in an
action in any of its courts of general jurisdiction;
(c) By any form of mail addressed to the person
to be served and requesting a receipt; or
(d) As directed by the court, including
publication if other means of notification are ineffective.
2. Notice under this section must be
served, mailed, delivered or last published at least 20 days before any hearing
in this state.
3. Proof of service outside this state
may be made by affidavit of the person who made the service, or in the manner
prescribed by the law of this state, the order pursuant to which the service is
made, or the law of the place in which the service is made. If service is made
by mail, proof may be a receipt signed by the addressee or other evidence of
delivery to the addressee.
4. Notice is not required if a person
submits to the jurisdiction of the court.
Sec. 8. 1. A
court of this state shall not exercise its jurisdiction under this chapter if
at the time of filing the petition a proceeding concerning the custody of the
child was pending in a court of another state exercising jurisdiction
substantially in conformity with the Uniform Child Custody Jurisdiction Act or
the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), unless the
proceeding is stayed by the court of the other state because this state is a
more appropriate forum or for other reasons.
κ1979
Statutes of Nevada, Page 137 (CHAPTER 85, AB 115)κ
2. Before hearing the petition in a
custody proceeding the court shall examine the pleadings and other information
supplied by the parties under section 11 of this act and shall consult the
child custody registry established under section 18 of this act concerning the
pendency of proceedings with respect to the child in other states. If the court
has reason to believe that proceedings may be pending in another state it shall
direct an inquiry to the state court administrator or other appropriate
official of the other state.
3. If the court is informed during the
course of the proceeding that a proceeding concerning the custody of the child
was pending in another state before the court assumed jurisdiction it shall
stay the proceeding and communicate with the court in which the other
proceeding is pending to the end that the issue may be litigated in the more
appropriate forum and that information be exchanged in accordance with sections
21 to 24, inclusive, of this act. If a court of this state has made a custody
decree before being informed of a pending proceeding in a court of another
state it shall immediately inform that court of the fact. If the court is
informed that a proceeding was commenced in another state after it assumed
jurisdiction it shall likewise inform the other court to the end that the
issues may be litigated in the more appropriate forum.
Sec. 9. 1. A
court which has jurisdiction under this chapter to make an initial or modifying
decree may decline to exercise its jurisdiction any time before making a decree
if it finds that it is an inappropriate forum to make a custody determination
under the circumstances of the case and that a court of another state is a more
appropriate forum.
2. A finding of inappropriate forum may
be made upon the courts own motion or upon motion of a party or a guardian ad
litem or other representative of the child.
3. In determining whether it is an
inappropriate forum, the court shall consider if it is in the interest of the
child that another state assume jurisdiction. For this purpose it may take into
account the following factors, among others:
(a) Whether another state is or recently was the
childs home state;
(b) Whether another state has a closer
connection with the child and his family or with the child and one or more of
the contestants;
(c) Whether substantial evidence concerning the
childs present or future care, protection, training and personal relationships
is more readily available in another state;
(d) Whether the parties have agreed on another
forum which is no less appropriate; and
(e) Whether the exercise of jurisdiction by a
court of this state would contravene any of the purposes stated in section 3 of
this act.
4. Before determining whether to decline
or retain jurisdiction the court may communicate with a court of another state
and exchange information pertinent to the assumption of jurisdiction by either
court with a view to assuring that jurisdiction will be exercised by the more
appropriate court and that a forum will be available to the parties.
5. If the court finds that it is an
inappropriate forum and that a court of another state is a more appropriate
forum, it may dismiss the proceedings, or it may stay the proceedings upon
condition that a custody proceeding be promptly commenced
in another named state or upon any other conditions which may be just and
proper, including the condition that a moving party stipulate his consent and
submission to the jurisdiction of the other forum.
κ1979
Statutes of Nevada, Page 138 (CHAPTER 85, AB 115)κ
proceeding be promptly commenced in another named state or
upon any other conditions which may be just and proper, including the condition
that a moving party stipulate his consent and submission to the jurisdiction of
the other forum.
6. The court may decline to exercise its
jurisdiction under this chapter if a custody determination is incidental to an
action for divorce or another proceeding while retaining jurisdiction over the
divorce or other proceeding.
7. The court shall transfer the
proceeding pursuant to the provisions of the Indian Child Welfare Act of 1978
(25 U.S.C. §§ 1901 et seq.) where those provisions so require.
8. If it appears to the court that it is
clearly an inappropriate forum it may require the party who commenced the
proceedings to pay, in addition to the costs of the proceedings in this state,
necessary travel and other expenses, including attorneys fees, incurred by
other parties or their witnesses. Payment is to be made to the clerk of the
court for remittance to the proper party.
9. Upon dismissal or stay of proceedings
under this section the court shall inform the court found to be the more
appropriate forum of this fact or, if the court which would have jurisdiction
in the other state is not certainly known, shall transmit the information to the
court administrator or other appropriate official for forwarding to the
appropriate court.
10. Any communication received from
another state informing this state of a finding of inappropriate forum because
a court of this state is the more appropriate forum shall be filed in the
custody registry of the appropriate court. Upon assuming jurisdiction the court
of this state shall inform the original court of this fact.
Sec. 10. 1. If
the petitioner for an initial decree has wrongfully taken the child from
another state or has engaged in similar reprehensible conduct the court may
decline to exercise jurisdiction if this is just and proper under the
circumstances.
2. Unless required in the interest of the
child, the court shall not exercise its jurisdiction to modify a custody decree
of another state if the petitioner, without consent of the person entitled to
custody, has improperly removed the child from the physical custody of the
person entitled to custody or has improperly retained the child after a visit
or other temporary relinquishment of physical custody. If the petitioner has
violated any other provision of a custody decree of another state the court may
decline to exercise its jurisdiction if this is just and proper under the
circumstances.
3. In appropriate cases a court
dismissing a petition under this section may charge the petitioner with
necessary travel and other expenses, including attorneys fees, incurred by
other parties or their witnesses.
Sec. 11. 1. Every
party in a custody proceeding in his first pleading or in an affidavit attached
to that pleading shall give information under oath as to the childs present
address, the places where the child has lived within the last 5 years, and the
names and present addresses of the persons with whom the child has lived during
that period. In this pleading or affidavit every party shall further declare
under oath whether:
κ1979
Statutes of Nevada, Page 139 (CHAPTER 85, AB 115)κ
(a) He has participated as a party, witness or
in any other capacity in any other litigation concerning the custody of the
same child in this or any other state;
(b) He has information of any custody proceeding
concerning the child pending in a court of this or any other state; and
(c) He knows of any person not a party to the
proceedings who has physical custody of the child or claims to have custody or
visitation rights with respect to the child.
2. If the declaration as to any of the
above items is in the affirmative the declarant shall give additional
information under oath as required by the court. The court may examine the
parties under oath as to details of the information furnished and as to other
matters pertinent to the courts jurisdiction and the disposition of the case.
3. Each party has a continuing duty to
inform the court of any custody proceeding concerning the child in this or any
other state of which he obtained information during this proceeding.
Sec. 12. Whenever
the court learns that a person not a party to the custody proceeding has
physical custody of the child or claims to have custody or visitation rights
with respect to the child, it shall order that person to be joined as a party
and to be duly notified of the pendency of the proceeding and of his joinder as
a party. If the person joined as a party is outside this state he must be
served with process or otherwise notified in accordance with section 7 of this
act.
Sec. 13. 1. The
court may order any party to the proceeding who is in this state to appear
personally before the court. If that party has physical custody of the child
the court may order that he appear personally with the child.
2. If the party who is ordered to appear
with the child cannot be served or fails to obey the order, or it appears the
order will be ineffective, the court may issue a warrant of arrest against that
party to secure his appearance with the child.
3. If a party to the proceeding whose
presence is desired by the court is outside this state with or without the
child the court may order that the notice given under section 7 of this act
include a statement directing that party to appear personally with or without
the child and declaring that failure to appear may result in a decision adverse
to that party.
4. If a party to the proceeding who is
outside this state is directed to appear under subsection 3, or desires to
appear personally before the court with or without the child, the court may
require another party to pay the clerk of the court travel and other necessary
expenses of the party so appearing and of the child if this is just and proper
under the circumstances.
Sec. 14. A
custody decree rendered by a court of this state which had jurisdiction under
section 5 of this act binds all parties who have been served in this state or
notified in accordance with section 7 of this act or who have submitted to the
jurisdiction of the court, and who have been given an opportunity to be heard.
As to these parties the custody decree is conclusive as to all issues of law
and fact decided and as to the custody determination made until that
determination is modified pursuant to law, including the provisions of this
chapter.
κ1979 Statutes
of Nevada, Page 140 (CHAPTER 85, AB 115)κ
Sec. 15. The
courts of this state shall recognize and enforce an initial or modifying decree
of a court of another state which had assumed jurisdiction under statutory provisions
substantially in accordance with the Uniform Child Custody Jurisdiction Act, or
the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), or which was
made under factual circumstances meeting the jurisdictional standards of those
acts, so long as this decree has not been modified in accordance with
jurisdictional standards substantially similar to those of those acts.
Sec. 16. 1. If
a court of another state has made a custody decree, a court of this state shall
not modify that decree unless:
(a) It appears to the court of this state that
the court which rendered the decree does not now have jurisdiction under
jurisdictional prerequisites substantially in accordance with the Uniform Child
Custody Jurisdiction Act, or the Indian Child Welfare Act of 1978 (25 U.S.C. §§
1901 et seq.), or has declined to assume jurisdiction to modify the decree; and
(b) The court of this state has jurisdiction.
2. If a court of this state is authorized
under subsection 1 and section 10 of this act to modify a custody decree of
another state it shall give due consideration to the transcript of the record
and other documents of all previous proceedings submitted to it in accordance
with section 24 of this act.
Sec. 17. 1. A
certified copy of a custody decree of another state may be filed in the office
of the clerk of any district court of this state. The clerk shall treat the
decree in the same manner as a custody decree of the district court of this
state. A custody decree so filed has the same effect and must be enforced in
like manner as a custody decree rendered by a court of this state.
2. A person violating a custody decree of
another state which makes it necessary to enforce the decree in this state may
be required to pay necessary travel and other expenses, including attorneys
fees, incurred by the party entitled to the custody or his witnesses.
Sec. 18. The
clerk of each district court shall maintain a registry in which he shall enter
the following:
1. Certified copies of custody decrees of
other states received for filing;
2. Communications as to the pendency of
custody proceedings in other states;
3. Communications concerning a finding of
inappropriate or inconvenient forum by a court of another state; and
4. Other communications or documents
concerning custody proceedings in another state which may affect the
jurisdiction of a court of this state or the disposition to be made by it in a
custody proceeding.
Sec. 19. The
clerk of the district court of this state, at the request of the court of
another state or at the request of any person who is affected by or has a
legitimate interest in a custody decree, shall certify and forward a copy of
the decree to that court or person.
Sec. 20. In addition to other
procedural devices available to a party, any party to the proceeding or a
guardian ad litem or other representative of the child may examine witnesses,
including parties and the child, by deposition or otherwise, in another state.
The court on its own motion may direct that the testimony
of a person be taken in another state and may prescribe the terms upon which
the testimony shall be taken.
κ1979
Statutes of Nevada, Page 141 (CHAPTER 85, AB 115)κ
may direct that the testimony of a person be taken in
another state and may prescribe the terms upon which the testimony shall be
taken.
Sec. 21. 1. A
court of this state may request the appropriate court of another state:
(a) To hold a hearing to adduce evidence, to
order a party to produce or give evidence under other procedures of that state,
or to have social studies made with respect to the custody of a child involved
in proceedings pending in the court of this state; and
(b) To forward to the court of this state
certified copies of the transcript of the record of the hearing, the evidence
otherwise adduced, or any social studies prepared in compliance with the
request.
The cost of the services may be assessed against the parties
or, if necessary, ordered paid by the county.
2. A court of this state may request the
appropriate court of another state to order a party to custody proceedings
pending in the court of this state to appear in the proceedings, and if that
party has physical custody of the child, to appear with the child. The request
may state that travel and other necessary expenses of the party and of the
child whose appearance is desired will be assessed against another party or
will otherwise be paid.
Sec. 22. 1. Upon
request of the court of another state the courts of this state which are
competent to hear custody matters may order a person in this state to appear at
a hearing to adduce evidence or to produce or give evidence under other
procedures available in this state. A certified copy of the transcript of the
record of the hearing or the evidence otherwise adduced shall be forwarded by
the clerk of the court to the requesting court.
2. A person within this state may
voluntarily give his testimony or statement in this state for use in a custody
proceeding outside this state.
3. Upon request of the court of another
state a competent court of this state may order a person in this state to
appear alone or with the child in a custody proceeding in another state. The
court may condition compliance with the request upon the condition that travel
and other necessary expenses will be advanced or reimbursed.
Sec. 23. In
any custody proceeding in this state the court shall preserve the pleadings,
orders and decrees, any record that has been made of its hearings, social
studies and other pertinent documents until the child reaches 18 years of age.
Upon appropriate request of the court of another state the court shall forward
to the other court certified copies of any or all of these documents.
Sec. 24. If
a custody decree has been rendered in another state concerning a child involved
in a custody proceeding pending in a court of this state, the court of this
state upon taking jurisdiction of the case shall request of the court of the
other state a certified copy of the transcript of any court record and other
documents mentioned in section 23.
Sec. 25. The
general policies of this chapter extend to other nations. The provisions of
this chapter relating to the recognition and enforcement of custody decrees of
other states apply to custody decrees and decrees involving legal institutions
similar in nature to custody institutions rendered by
appropriate authorities of other nations if reasonable notice and opportunity
to be heard were given to all affected persons.
κ1979
Statutes of Nevada, Page 142 (CHAPTER 85, AB 115)κ
rendered by appropriate authorities of other nations if
reasonable notice and opportunity to be heard were given to all affected
persons.
Sec. 26. Upon
the request of a party to a custody proceeding which raises a question of
existence or exercise of jurisdiction under this chapter, the issue of
jurisdiction shall be given calendar priority and handled expeditiously.
Sec. 27. NRS
125.050 is hereby amended to read as follows:
125.050 If, after the filing of the
complaint, it [shall be] is made to appear probable to the court [or judge] that either party is about to
do any act that would defeat or render less effectual any order which the court
might ultimately make concerning the property or pecuniary interest, [an order shall be made for the prevention thereof, to
be enforced as such preliminary orders are enforced respecting children as
provided in NRS 125.060.] the court shall
make such restraining order or other order as appears necessary to prevent the
act or conduct and preserve the status quo pending final determination of the
cause.
Sec. 28. NRS
125.060 is hereby amended to read as follows:
125.060 1. When, at the
commencement or during the pendency of the suit or proceedings for modification
of decree, it [shall be] is made to appear to the court [,
or to the judge, that any child of the wife, whether she be plaintiff or
defendant, which is too young to dispense with the care of its mother, or other
female, has been, or is likely to be, taken or detained from her, or]
that any child of either party has been, or is likely to be, taken, or removed [, by, or at the instance of, the other party,]
out of the [country,] state, or concealed within the [same,]
state, the court [or
judge] shall forthwith order such child to be produced before [him,] it, and
[then to] make such disposition of
the [same,] childs
custody, during the pendency of the suit, as [shall
appear] appears most advantageous
to [such] the
child, and most likely to secure to it the benefit of the final order to
be made in its behalf.
2. All such orders may be enforced [, and made effectual, by attachment, commitment and
requiring security for obedience thereto, or by other means, according to the
usages of courts, and to the circumstances of the case.] as provided by subsection 2 of section 13 of this act.
Sec. 29. NRS
125.140 is hereby amended to read as follows:
125.140 1. The court [,] in granting a divorce [,] shall make such disposition of [,] and provision for [,] the children [,]
as [shall appear most expedient under all the
circumstances, and most for the] appears
in the best interests of their present comfort and future well-being. [of such children.]
2. In actions for divorce the court may: [, during]
(a) During
the pendency of the action, or at the final hearing or at any time
thereafter during the minority of any of the children of the marriage, make
such order for the custody, care, education, maintenance and support of such
minor children as [may seem] seems necessary or proper [,] ; and [may at]
(b) At
any time modify or vacate [the same,]
its order, even if the divorce was obtained by
default without an appearance in the action by one of the parties.
The party seeking such an order
shall submit to the jurisdiction of the court for the
purposes of this subsection.
κ1979
Statutes of Nevada, Page 143 (CHAPTER 85, AB 115)κ
court for the purposes of this subsection. The court may
make such an order upon the application of one of the parties or the legal
guardian of the minor.
3. All orders
authorized by subsection 2 shall be made in accordance with the provisions of
sections 2 to 26, inclusive, of this act.
4. Except
where a contract providing otherwise has been executed pursuant to NRS 123.080,
the obligation for care, education, maintenance and support of any minor child
created by any order entered under this section [shall
cease] ceases upon the death of the
person to whom such order was directed.
________
CHAPTER 86, AB 229
Assembly Bill No.
229Assemblymen Hayes, Sena, Wagner, Cavnar, Getto, Horn, Malone and Stewart
CHAPTER 86
AN ACT relating to missing persons; removing an
implication that such persons are males only; and providing other matters
properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
156.040 is hereby amended to read as follows:
156.040 In appointing such trustee, the
court shall prefer the [wife] spouse of the missing person, or [her] the spouses
nominee, and, in the absence of a [wife,]
spouse, some relative of the missing person.
________
CHAPTER 87, AB 244
Assembly Bill No.
244Assemblymen Hayes, Stewart and Malone
CHAPTER 87
AN ACT relating to the compromising of
claims of minors; removing distinctions based on sex from NRS 41.200; and
providing other matters properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
41.200 is hereby amended to read as follows:
41.200 1. Where a minor [shall have] has a
disputed claim for money against a third person, [the
father, or if the father be dead or the parents of the minor are living
separate and apart and the mother has care or custody of the minor, then the
mother of the minor,] either parent, or if
the parents of the minor are living separate and apart, then the custodial
parent, or if no custody award has been made, the parent with whom the minor is
living, or if a general guardian or guardian of the
estate of [such] the minor has been appointed, then [such] that guardian,
[shall have] has the right to compromise [such] the claim.
κ1979
Statutes of Nevada, Page 144 (CHAPTER 87, AB 244)κ
the estate of [such]
the minor has been appointed, then [such] that guardian,
[shall have] has the right to compromise [such]
the claim. [, but before the compromise shall be valid or of any
effect the same shall be] Such a
compromise is not effective until it is approved by the district court
of the county where the minor resides, or [in the
event that] if the minor is not a
resident of the State of Nevada, then by the district court of the county where
the claim was incurred, upon a verified petition in writing, regularly filed
with the court. If the court approves [such]
the compromise, the [district]
court may direct the money to be paid to the father, mother or guardian of such
minor, with or without the filing of any bond, or it may require a general
guardian or guardian ad litem to be duly appointed and the money to be paid to [such] the guardian
or guardian ad litem with or without a bond as in the discretion of the court
seems to be in the best interests of the minor.
2. The clerk of the district court shall
not charge any fee for filing a petition for leave to compromise or for placing
the [same] petition
upon the calendar to be heard by the court.
________
CHAPTER 88, AB 245
Assembly Bill No.
245Assemblymen Hayes, Coulter, Westall, Wagner, Getto, Sena, Horn and Stewart
CHAPTER 88
AN ACT relating to the support of families
of decedents; removing distinctions between widows and widowers as to rights of
support; and providing other matters properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
146.010 is hereby amended to read as follows:
146.010 Except as provided in NRS
125.140, when any person [shall die,]
dies leaving a [widow]
surviving spouse or a minor child or children,
the [widow,] surviving spouse, child or children [shall be] are entitled
to remain in possession of the homestead and of all the wearing apparel and
provisions on hand of the family, and all of the household furniture, and [shall also be] are
also entitled to a reasonable provision for their support, to be allowed
by the [district judge at chambers or in court.]
court.
Sec. 2. NRS
146.030 is hereby amended to read as follows:
146.030 1. If the whole
property exempt by law [be] is set apart and [should
not be] is not sufficient for the
support of the [widow,] surviving spouse, child or children, the [district] court [or
judge] shall make such reasonable allowance out of the estate as [shall be] is necessary
for the maintenance of the family according to their circumstances during the
progress of the settlement of the estate, which, in case of an insolvent
estate, shall not be longer than 1 year after granting letters of
administration.
κ1979
Statutes of Nevada, Page 145 (CHAPTER 88, AB 245)κ
2. If the [widow]
surviving spouse or any minor child has a
reasonable maintenance derived from other property, and there are other persons
entitled to a family allowance, the allowance shall be granted only to those
who have not such maintenance, or such allowance may be apportioned in such
manner as may be just.
________
CHAPTER 89, AB 246
Assembly Bill No.
246Assemblymen Hayes and Coulter
CHAPTER 89
AN ACT relating to criminal responsibility; removing a
special provision for married women; and providing other matters properly
relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
194.010 is hereby amended to read as follows:
194.010 All persons are liable to
punishment except those belonging to the following classes:
1. Children under the age of 8 years.
2. Children between the ages of 8 years
and 14 years, in the absence of clear proof that at the time of committing the
act charged against them they knew its wrongfulness.
3. Idiots.
4. Lunatics and insane persons.
5. Persons who committed the act or made
the omission charged under an ignorance or mistake of fact, which disproves any
criminal intent, where a specific intent is required to constitute the offense.
6. Persons who committed the act charged
without being conscious thereof.
7. Persons who committed the act or made
the omission charged, through misfortune or by accident, when it appears that
there was no evil design, intention or culpable negligence.
8. [Married
women, unless the crime be punishable with death, acting under the threats,
command or coercion of their husbands; provided, it appear, from all the facts
and circumstances of the case, that violent threats, command or coercion were
used.
9.] Persons,
unless the crime [be] is punishable with death, who committed the act or made
the omission charged under threats or menaces sufficient to show that they had
reasonable cause to believe, and did believe, their lives would be endangered
if they refused, or that they would suffer great bodily harm.
________
κ1979
Statutes of Nevada, Page 146κ
CHAPTER 90, AB 253
Assembly Bill
No. 253Assemblymen Prengaman, Mann, Brady, Coulter, Sena, Polish, Banner,
Fitzpatrick, Malone, Hayes, Price, Bergevin, Marvel, Fielding, Stewart, Wagner,
Robinson, Horn, Craddock, Rusk, Hickey, Chaney, Bennett, Tanner, Cavnar, May,
Westall, Harmon, Rhoads, Dini, Jeffrey, Vergiels, Getto, Bedrosian, Bremner,
Glover, Weise, Barengo, Mello and Webb
CHAPTER 90
AN ACT relating to facilities of the
division of mental hygiene and mental retardation of the department of human
resources; providing the authority to establish and operate canteens for the
benefit of clients and employees; and providing other matters properly relating
thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in Senate
and Assembly, do enact as follows:
Section 1. Chapter
435 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. The
administrative officer of any division facility where mentally retarded persons
reside may establish a canteen operated for the benefit of clients and
employees of the facility. The administrative officer shall keep a record of
transactions in the operation of the canteen.
2. Each canteen
must be self-supporting. No money provided by the state may be used for its
operation.
3. The respective
administrative officers shall deposit the money used for the operation of the
canteen in one or more banks of reputable standing, except that an appropriate
sum may be maintained as petty cash at each canteen.
________
CHAPTER 91, AB 259
Assembly Bill No.
259Assemblymen Hayes, Westall, Wagner, Getto, Horn and Stewart
CHAPTER 91
AN ACT relating to partnerships; extending provision
for annuity to both widows and widowers; and providing other matters properly
relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
87.070 is hereby amended to read as follows:
87.070 In determining whether a
partnership exists, these rules [shall]
apply:
1. Except as provided by NRS 87.160
persons who are not partners as to each other are not partners as to third
persons.
2. Joint tenancy, tenancy in common,
tenancy by the entireties, joint property, common property, or part ownership
does not of itself establish a partnership, whether such coowners do or do not
share any profits made by the use of the property.
κ1979
Statutes of Nevada, Page 147 (CHAPTER 91, AB 259)κ
3. The sharing of gross returns does not
of itself establish a partnership, whether or not the persons sharing them have
a joint or common right or interest in any property from which the returns are
derived.
4. The receipt by a person of a share of
the profits of a business is prima facie evidence that he is a partner in the
business, but no such inference [shall]
may be drawn if such profits were received in
payment:
(a) As a debt by installments or otherwise,
(b) As wages of an employee or rent to a
landlord,
(c) As an annuity to a [widow]
surviving spouse or representative of a deceased
partner,
(d) As interest on a loan, though the amount of
payment vary with the profits of the business,
(e) As the consideration for the sale of a good
will of a business or other property by installments or otherwise.
________
CHAPTER 92, AB 345
Assembly Bill No.
345Assemblymen Glover and Bergevin
CHAPTER 92
AN ACT to amend an act entitled An Act
relating to Carson City; consolidating Ormsby County and Carson City into one
municipal government to be known as Carson City; providing a charter therefor;
and providing other matters properly relating thereto, approved April 1, 1969,
as amended.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. The
above-entitled act, being chapter 213, Statutes of Nevada 1969, at page 287, is
hereby amended by adding to Article 2 thereof a new section to be designated as
section 2.275, which shall immediately follow section 2.270 and shall read as
follows:
Sec. 2.275 Power
of board: Water project.
1. The
board may at any time or from time to time acquire, improve, equip, operate and
maintain a water project within or without or both within and without Carson
City.
2. As
used in subsection 1, water project means facilities pertaining to a
municipal water system for the collection, transportation, treatment,
purification and distribution of water, including without limitation springs,
wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways,
retarding basins, detention basins, reservoirs, towers, other storage
facilities, pumping plants, infiltration galleries, filtration plants,
purification systems, other water treatment facilities, powerplants, waterwork
plants, pumping stations, gauging stations, ventilating facilities, stream
gauges, rain gauges, valves, standpipes, connections, hydrants, conduits,
flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service
pipes, force mains, submains, syphons, other water
transmission and distribution mains, engines, boilers, pumps, meters,
apparatus, tools, equipment, fixtures, structures, buildings and other
facilities for the acquisition, transportation, treatment, purification and
distribution of untreated water or potable water for domestic, commercial and
industrial use and irrigation (or any combination thereof).
κ1979
Statutes of Nevada, Page 148 (CHAPTER 92, AB 345)κ
syphons,
other water transmission and distribution mains, engines, boilers, pumps,
meters, apparatus, tools, equipment, fixtures, structures, buildings and other
facilities for the acquisition, transportation, treatment, purification and
distribution of untreated water or potable water for domestic, commercial and
industrial use and irrigation (or any combination thereof).
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 93, AB 351
Assembly Bill No. 351Committee
on Government Affairs
CHAPTER 93
AN ACT relating to the public service
commission; removing the requirement for prior approval by the state board of
examiners and removing an obsolete provision respecting the attendance of
public service commissioners at certain hearings; and providing other matters
properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
703.220 is hereby amended to read as follows:
703.220 [1.] The
commission may confer, by correspondence, with [the
railroad commissioners of other states] persons
empowered in other states to regulate railroads and with the Interstate
Commerce Commission on any matters relating to railroads, and may attend
hearings involving Nevada rates before the Interstate Commerce Commission
outside the state. [After
securing written approval of the state board of examiners.
2. All necessary
expenses incurred in attending such hearings shall be a charge against the
state, and shall be audited and paid as other state claims are paid. All such
claims shall be sworn to by the commissioner incurring the expense and shall be
approved by the chairman.]
________
CHAPTER 94, AB 352
Assembly Bill No.
352Committee on Government Affairs
CHAPTER 94
AN ACT relating to the public service
commission; consolidating certain provisions of NRS regarding the public
service commission regulatory fund; and providing other matters properly
relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
703 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
κ1979
Statutes of Nevada, Page 149 (CHAPTER 94, AB 352)κ
1. The public
service commission regulatory fund is hereby created as a special revenue fund.
All money collected by the commission pursuant to law must be deposited in the
state treasury for credit to the fund.
2. Money in the
fund may be used only to defray the costs of:
(a) Maintaining staff and
equipment to regulate adequately public utilities and other persons subject to
the jurisdiction of the commission.
(b) Participating in all
rate cases involving those persons.
(c) Audits, inspections,
investigations, publication of notices, reports and retaining consultants
connected with that regulation and participation.
(d) The salaries, travel
expenses and subsistence allowances of the members of the commission.
3. All claims
against the fund must be paid as other claims against the state are paid.
4. The commission
must furnish upon request a statement showing the balance remaining in the fund
as of the close of the preceding fiscal year.
Sec. 2. NRS
706.211 is hereby amended to read as follows:
706.211 [1. All
moneys] All money collected by the
department under the provisions of NRS 706.011 to 706.861, inclusive, [shall] must be
deposited [with] in the state [treasurer]
treasury for credit to the motor vehicle fund.
Except as otherwise provided in NRS 482.180 and this chapter, all [moneys] money collected
under the provisions of NRS 706.011 to 706.861, inclusive, [shall] must be
used for the construction, maintenance and repair of the public highways of
this state.
[2. All
moneys collected by the commission pursuant to the provisions of this chapter
shall be deposited in the state treasury to the credit of the public service
commission regulatory fund.]
Sec. 3. NRS
704.675 is hereby amended to read as follows:
704.675 Every cooperative association or
nonprofit corporation or association and every other supplier of services
described in this chapter supplying such services for the use of its own
members only is hereby declared to be affected with a public interest, to be a
public utility, and to be subject to the jurisdiction, control and regulation
of the commission for the purposes of NRS 704.033, [to 704.039, inclusive,] 704.035, 704.180, 704.330, 704.350 to [704.410, inclusive, and] 704.430, inclusive, but shall not be subject to any other
jurisdiction, control and regulation of the commission or to the provisions of
any section not specifically mentioned in this section.
Sec. 4. NRS
704.037 and 704.039 are hereby repealed.
________
κ1979
Statutes of Nevada, Page 150κ
CHAPTER 95, SB 74
Senate Bill No.
74Committee on Commerce and Labor
CHAPTER 95
AN ACT relating to county hospitals;
providing that dentists may be members of the staff of physicians of a county
hospital; removing dentistry from the list of allied health professions; and
providing other matters properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
450.005 is hereby amended to read as follows:
450.005 As used in this chapter, unless
the context otherwise requires, allied health profession means:
1. [Dentistry
as defined in chapter 631 of NRS;
2.] Psychology
as defined in chapter 641 of NRS;
[3.] 2. Podiatry as defined in chapter 635 of
NRS; or
[4.] 3. Traditional Oriental medicine as
defined in chapter 634A of NRS.
Sec. 2. NRS
450.430 is hereby amended to read as follows:
450.430 1. In the management
of the public hospital, no discrimination [shall]
may be made against physicians or dentists licensed under the laws of Nevada or duly
licensed practitioners of the allied health professions, and all such
physicians, dentists and
practitioners [shall] have
privileges in treating patients in the hospital in accordance with their
training and ability, except that practitioners of the allied health
professions [shall] may not be members of the staff of physicians described
in NRS 450.440. Practitioners of the allied health professions [shall be] are subject
to the bylaws [, rules] and
regulations established by the board of hospital trustees. [pursuant to NRS
450.160.]
2. The
patient [shall have] has the right to employ, at his own expense, his own
physician, if such physician is a member of the hospital staff, or nurse, and
when acting for any patient in such hospital the physician employed by such
patient [shall have] has charge of the care and treatment of [such] the patient;
and nurses therein [shall] are as to such patient [be]
subject to the directions of such physician, subject always to [such general rules and regulations as shall be]
the general regulations established by the board
of hospital trustees. [under
the provisions of NRS 450.010 to 450.510, inclusive.]
Sec. 3. NRS
450.440 is hereby amended to read as follows:
450.440 1. The board of
hospital trustees shall organize a staff of physicians composed of every
regular practicing physician and dentist in the
county in which the hospital is located who meets the standards fixed by the [rules and] regulations laid down by the
board of hospital trustees.
2. The staff shall organize in a manner
prescribed by the board so that there [shall be]
is a rotation of service among the members of the
staff to give proper medical and surgical attention and service to the indigent
sick, injured or maimed who may be admitted to the hospital for treatment.
3. No member of the staff nor any other
physician who attends an indigent patient [shall] may
receive any compensation for his services except as otherwise provided in NRS
450.180 or to the extent that medical care is paid for by any governmental
authority or any private medical care program.
κ1979
Statutes of Nevada, Page 151 (CHAPTER 95, SB 74)κ
indigent patient [shall]
may receive any compensation for his services
except as otherwise provided in NRS 450.180 or to the extent that medical care
is paid for by any governmental authority or any private medical care program.
________
CHAPTER 96, SB 175
Senate Bill No.
175Committee on Natural Resources
CHAPTER 96
AN ACT relating to control and sale of
state lands; clarifying provisions concerning the resolution of inconsistencies
between the land use plans of local government entities; and providing other
matters properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
321.640 is hereby amended to read as follows:
321.640 The legislature hereby finds and
declares that:
1. It is in the public interest to place
the primary authority for the planning process with the local governments,
which are closest to the people;
2. Unregulated growth and development of
the state will result in harm to the public safety, health, comfort,
convenience, resources and general welfare;
3. The cities of the state have a
responsibility for guiding the development of areas within their respective
boundaries for the common good, and the counties have similar responsibilities
with respect to their unincorporated areas;
4. City, county, regional and other
planning must be done in harmony to insure the orderly growth and preservation
of the state; and
5. State participation in land use
planning should be limited to coordination of information and data, the use of
federal lands within the state, providing land use planning assistance in areas
of critical environmental concern when directed by the governor or requested by
local governments, and providing assistance in resolving inconsistencies [in local land use planning] between the land use plans of local governmental entities when
requested to do so by [a local government entity.]
one of the entities.
Sec. 2. NRS
321.755 is hereby amended to read as follows:
321.755 1. The executive
council of the land use planning advisory council is hereby created to consider
and make recommendations for land use planning in areas of critical
environmental concern and to resolve inconsistencies [in]
between the land use [planning
between] plans of local government
entities.
2. The executive council consists of the
administrator and four persons selected by the land use planning advisory
council from among its members. Each member of the executive council shall
serve for 2-year terms.
κ1979
Statutes of Nevada, Page 152 (CHAPTER 96, SB 175)κ
Sec. 3. NRS
321.763 is hereby amended to read as follows:
321.763 1. When an
inconsistency in land use [planning]
plans is submitted for decision, the executive
council may direct the staff of the state land use planning agency to conduct
studies, assemble information and prepare proposals for alternative courses of
action if necessary.
2. The executive council shall conduct
public hearings in the affected areas before arriving at a decision in the
matter.
3. In rendering its decision, the
executive council may sustain the position of one or more of the local
government entities involved or prescribe its own land use plan for the area of
inconsistency. The executive council may adopt land use regulations to carry
out its decision.
4. All land use plans and regulations
adopted by the executive council pursuant to this section supersede
inconsistent plans and regulations of the affected local government entities,
but the local government entities are responsible for enforcing the plans and
regulations of the executive council.
5. In the event of noncompliance with
such plans or regulations, any affected local government entity may bring an
action to obtain injunctive relief against such noncompliance.
6. The executive council, upon petition
from all of the affected local government entities or on its own motion, may
determine the expiration date of the plans and regulations imposed pursuant to
this section.
________
CHAPTER 97, SB 197
Senate Bill No.
197Senator Blakemore
CHAPTER 97
AN ACT relating to county officers and
employees; permitting a district attorney who resides outside the county he
serves, but within a specified distance of the county line, to draw the same
salary as if he were a resident of that county; and providing other matters
properly relating thereto.
[Approved March 23, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
245.043 is hereby amended to read as follows:
245.043 1. As used in this
section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and
supervisors of Carson City.
2. Except as provided by any special law,
the elected officers of the counties of this state are entitled to receive
annual salaries in the base amounts specified in the following tables. The
annual salaries are in full payment for all services required by law to be
performed by such officers. Except as otherwise provided by law, all fees and
commissions collected by such officers in the performance of their duties shall
be paid into the county treasury each month without deduction of any nature.
κ1979
Statutes of Nevada, Page 153 (CHAPTER 97, SB 197)κ
|
[Table 1
ANNUAL SALARIES PRIOR TO JANUARY 1, 1979
|
|
Class
|
County
|
County Commissioner
|
District Attorney
|
Sheriff
|
County
Clerk
|
County Assessor
|
County Recorder
|
County Treasurer
|
|
1
|
Clark.............
|
$12,000
|
$30,000*
|
$30,000
|
$23,000
|
$23,000
|
$23,000
|
$23,000
|
|
2
|
Washoe.......
|
9,000
|
29,000*
|
25,000
|
22,000
|
22,000
|
22,000
|
22,000
|
|
3
|
Carson City.
|
6,600
|
20,000
|
19,000
|
18,500
|
18,500
|
18,500
|
-------
|
|
|
Elko..............
|
6,600
|
24,000*
|
17,000
|
17,000
|
17,000
|
17,000
|
17,000
|
|
|
Douglas.......
|
6,600
|
17,000
|
17,000
|
17,000
|
17,000
|
17,000
|
-------
|
|
4
|
Lyon.............
|
6,000
|
15,000
|
15,000
|
14,500
|
14,500
|
14,500
|
-------
|
|
|
Mineral........
|
6,000
|
16,000
|
15,000
|
14,500
|
14,500
|
14,500
|
-------
|
|
|
Nye...............
|
6,000
|
17,000
|
16,000
|
14,500
|
14,500
|
14,500
|
14,500
|
|
|
White Pine..
|
6,000
|
15,000
|
15,000
|
14,500
|
14,500
|
14,500
|
14,500
|
|
|
Churchill......
|
6,000
|
14,500
|
14,500
|
14,500
|
14,500
|
14,500
|
-------
|
|
5
|
Humboldt....
|
5,000
|
14,500
|
13,000
|
13,000
|
13,000
|
13,000
|
13,000
|
|
6
|
Lincoln.........
|
4,500
|
12,600
|
12,000
|
10,800
|
10,800
|
10,800
|
10,800
|
|
|
Storey..........
|
4,500
|
12,600
|
12,600
|
10,800
|
10,800
|
10,800
|
-------
|
|
|
Eureka..........
|
4,500
|
10,800
|
10,800
|
10,800
|
10,800
|
10,800
|
-------
|
|
|
Lander..........
|
4,500
|
10,800
|
10,800
|
10,800
|
10,800
|
10,800
|
10,800
|
|
|
Pershing......
|
4,500
|
18,000*
|
10,800
|
10,800
|
10,800
|
10,800
|
-------
|
|
|
Esmeralda....
|
4,500
|
10,800
|
10,800
|
10,800
|
10,800
|
10,800
|
-------
|
|
|
|
|
|
|
|
|
|
|
|
*Private Practice Prohibited
|
κ1989
Statutes of Nevada, Page 155 (CHAPTER 97, SB 197)κ
Sec. 2. For
the purposes of NRS 245.043, any district attorney of a class 5 county who is
not a resident of the county in which he serves, but who resides within 10
miles of the boundary of that county is entitled to receive the salary provided
in that section for district attorneys who are residents of the counties in
which they serve.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 98, AB 181
Assembly Bill No.
181Committee on Judiciary
CHAPTER 98
AN ACT relating to grand larceny;
including in grand larceny the theft of a motor vehicle regardless of its
value; and providing other matters properly relating thereto.
[Approved March 27, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
205.220 is hereby amended to read as follows:
205.220 Every person who [shall] feloniously [steal, take and carry away, lead or drive]
steals, takes and carries away, leads or drives away
the personal goods or property of another [,]
of the value of $100 or more, [shall be deemed]
or the motor vehicle of another regardless of its value,
is guilty of grand larceny, and upon conviction thereof shall be
punished by imprisonment in the state prison for any term not less than 1 year
nor more than 10 years, and may be further punished by a fine of not more than
$5,000.
________
CHAPTER 99, AB 20
Assembly Bill No.
20Assemblymen Mann, Horn and Sena
CHAPTER 99
AN ACT relating to professions and
occupations; transferring the recording of licenses of certain professions from
the county clerk to the county recorder; and providing other matters properly
relating thereto.
[Approved March 27, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
631.320 is hereby amended to read as follows:
631.320 1. Any person
licensed to practice dentistry in this state shall, before engaging in the
practice of dentistry, and within 6 months from the date of its issue, [cause such certificate to be registered]
record his certificate in the office of the [clerk] county
recorder of [the] each county [or counties]
in which [such person] he desires to engage in practice.
κ1979
Statutes of Nevada, Page 156 (CHAPTER 99, AB 20)κ
practice. [Should such]
If the dentist [remove
to] desires to engage in practice in another
county, he [shall register] must record his certificate in the [clerks] office of [such] the county
recorder of the county before engaging in practice in that county.
2. The failure of any [such] person to [so
register] record his certificate,
as provided in this section, [shall work]
works a forfeiture of the certificate, and [the same shall] it
must not be reinstated except upon the payment to the board of the sum
provided in this chapter.
Sec. 2. NRS
633.371 is hereby amended to read as follows:
633.371 1. Every person
holding a license issued under this chapter shall have the license recorded in
the office of the county [clerk] recorder 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]
must be displayed in the office or place of
business or employment of its holder.
Sec. 3. NRS
635.090 is hereby amended to read as follows:
635.090 Every person receiving a
certificate from the board shall [file the same]
record it with the county [clerk]
recorder of the county in which he resides. [The county clerk shall register the name and address
of each person and the date of each certificate in a book kept for the purpose.
The number of the book and the page therein containing such recordation shall
appear on the face of the certificate, over the name of the county clerk recording
the same.] The person [filing and
registering] recording his
certificate shall pay [a] the required recording fee.
[of $1 to the county clerk.]
Sec. 4. NRS
636.230 is hereby amended to read as follows:
636.230 All licensees shall:
1. Present their licenses to the county [clerk] recorder of
the county in which they reside for recordation. [by the county clerk in a book provided by him for that
purpose.]
2. Pay the [county
clerk $1 for recordation.] required
recording fee.
Sec. 5. NRS
636.235 is hereby amended to read as follows:
636.235 Any licensee who travels from one
county to another in this state, before engaging in the practice of optometry
in a county other than the county of his residence, shall:
1. Present his license to the county [clerk of such] recorder
of the other county for recordation. [by the county clerk in a book to be provided by him
for that purpose.]
2. Pay the [county
clerk a fee of $1 for recordation.] required
recording fee.
Sec. 6. NRS
636.245 is hereby amended to read as follows:
636.245 A license which has been
automatically suspended for failure of the licensee to have it recorded in the
county of his residence, or for failure of the licensee to have it recorded in
the county other than the county of his residence before engaging in the
practice of optometry therein, may be restored by:
1. Presentation of the license to the
county [clerk] recorder of the proper county.
2. Payment of the required
recording fee. [for
recordation.]
κ1979
Statutes of Nevada, Page 157 (CHAPTER 99, AB 20)κ
3. Payment
of a penalty to the secretary in the amount prescribed in this chapter.
Sec. 7. Within
90 days after the effective date of this act, the county clerk of each county
shall transfer to the county recorder of his respective county all certificates
and licenses required by sections 1 to 6, inclusive, of this act to be recorded
by the county recorder, or a record of their recordation if the county clerk
does not possess them. Upon receiving the certificates and licenses, or a
record of their recordation, the county recorder shall record the certificates
and licenses and maintain the records in the manner described in sections 1 to
6, inclusive, of this act.
________
CHAPTER 100, AB 168
Assembly Bill No.
168Assemblymen Hayes and Barengo
CHAPTER 100
AN ACT relating to crimes against public
safety; prohibiting discharging a firearm at or into a structure, vehicle,
aircraft or watercraft; prescribing a penalty; and providing other matters
properly relating thereto.
[Approved March 27, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
202 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. Any person who
willfully and maliciously discharges a firearm at or into any house, room,
apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or
other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer
or housetrailer, railroad locomotive, car or tender, shall be punished:
(a) If it has been
abandoned, for a misdemeanor.
(b) Otherwise, by
imprisonment in the state prison for not less than 1 year or more than 6 years,
or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Whenever a
firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle
trailer, semitrailer or housetrailer, railroad locomotive, car or tender, in motion
or at rest, and it cannot with reasonable certainty be ascertained in what
county the crime was committed, the offender may be arrested and tried in any
county through which the vessel, aircraft, vehicle, vehicle trailer,
semitrailer or housetrailer, locomotive or railroad car may have run on the
trip during which the firearm was discharged at or into it.
Sec. 2. NRS
202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.255 to
202.360, inclusive, and section 1 of this act, firearm
means any weapon with a caliber of .177 inches or greater from which a
projectile may be propelled by means of explosive, spring, gas, air or other
force.
Sec. 3. NRS
205.2741 is hereby amended to read as follows:
κ1979
Statutes of Nevada, Page 158 (CHAPTER 100, AB 168)κ
205.2741 1. It is unlawful
for any person:
(a) To throw any stone, rock, missile or any
substance at any motorbus, truck or other motor vehicle; or
(b) [To discharge
any gun, pistol or any other firearm at any motorbus, truck or other motor
vehicle; or
(c)] Wrongfully
to injure, deface or damage any motorbus, truck or other motor vehicle, or any
part thereof.
2. Any person who violates any of the
provisions of subsection 1 is guilty of a public offense, as prescribed in NRS
193.155, proportionate to the value of the property damaged and in no event
less than a misdemeanor.
Sec. 4. NRS
705.480 is hereby amended to read as follows:
705.480 1. It is unlawful
for any person without authority to:
(a) Willfully uncouple or detach any locomotive,
tender or any car of any railroad train, either when standing or in motion on
any track of any railroad.
(b) Take off the brake of any railroad car, tender
or train.
(c) Put in motion any locomotive, tender, car or
train.
2. It is unlawful for any person to:
(a) Throw any stone, rock, missile, or any
substance at any railroad train, car, locomotive or tender, or any part of any
train.
(b) [Discharge any
gun, pistol or any other firearm at any train, car, locomotive or tender.
(c)] Wrongfully
injure, deface or damage the same or any part thereof.
3. Any person violating any provision of
this section is guilty of a public offense, as prescribed in NRS 193.155,
proportionate to the value of the property damaged, and in no event less than a
misdemeanor.
________
CHAPTER 101, SB 183
Senate Bill No.
183Committee on Finance
CHAPTER 101
AN ACT making an appropriation to the
state public works board for remodeling the Octagon building in the Capitol
Complex in Carson City, Nevada; and providing other matters properly relating
thereto.
[Approved March 29, 1979]
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 for remodeling the Octagon building at the Capitol Complex in Carson
City, Nevada, the sum of $300,000.
Sec. 2. All
work performed pursuant to section 1 of this act must be approved by the state
public works board, and each contract document must be approved by the attorney
general.
Sec. 3. Except
as provided in section 4 of this act, the state public works
board shall advertise for sealed bids for the project or each phase of the
project in a newspaper of general circulation in this state.
κ1979
Statutes of Nevada, Page 159 (CHAPTER 101, SB 183)κ
works board shall advertise for sealed bids for the project
or each phase of the project in a newspaper of general circulation in this
state. Approved plans and specifications must be filed at a place and time
stated in the advertisement for inspection by interested persons. The board may
accept bids on the whole project or on one or more phases of the project, and
may let separate contracts or combination of contracts for structural,
mechanical and electrical construction as needed. Any or all bids may be
rejected for any good reason.
Sec. 4. The
state public works board may, without advertising, solicit bids from two or
more contractors doing business in the area of the project if the estimated
cost for the phase of the project to be bid is estimated to be less than $5,000
and may award the contract to the lowest bidder or reject all bids.
Sec. 5. This
act shall become effective upon passage and approval.
________
CHAPTER 102, SB 116
Senate Bill No.
116Committee on Human Resources and Facilities
CHAPTER 102
AN ACT relating to historic preservation;
permitting disbursement of money paid by the federal government as financial
assistance for historic preservation to organizations, persons and enterprises;
and providing other matters properly relating thereto.
[Approved March 29, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
383.081 is hereby amended to read as follows:
383.081 1. The administrator
shall prepare and maintain a comprehensive statewide historic preservation
plan. The plan [shall] must contain:
(a) An evaluation of the needs for preservation
of historic sites;
(b) A program for carrying out the plan; and
(c) Other information which the administrator
determines to be necessary.
2. The plan [shall:]
must:
(a) Take into
account relevant federal resources and programs; and
(b) Be correlated insofar as practicable with
other state, regional and local plans.
3. The administrator, subject to approval
by 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 historic preservation projects pursuant to the provisions of
federal law. [When an historic preservation
project is combined with an outdoor recreation project, the director is
responsible for representing and acting for the state in dealing with the
Federal Government.]
κ1979
Statutes of Nevada, Page 160 (CHAPTER 102, SB 116)κ
4. The administrator, subject to approval
by the director, may administer and disburse to other state agencies, [and] political
subdivisions, eleemosynary organizations, nonprofit
organizations and private persons and enterprises money paid by the
Federal Government to the State of Nevada as financial assistance for planning,
acquisition or development of historic preservation 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] that 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
historic preservation projects.
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 103, SB 79
Senate Bill No.
79Committee on Human Resources and Facilities
CHAPTER 103
AN ACT relating to health and care
facilities; providing for the licensing, regulation and inspection of home
health agencies; and providing other matters properly relating thereto.
[Approved March 29, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
449 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.
Sec. 2. Home health agency means an agency operated by any person or
agency of state or local government which provides in the home, through its
employees, skilled nursing services and assistance and training in health and
housekeeping skills.
Sec. 3. A home health agency may also provide services in the home
which include:
1. Speech or
occupational therapy;
2. Guidance
regarding nutrition or vocations; or
3. Other social or
medical services,
through its employees or by
contractual arrangement with other persons.
Sec. 4. NRS
449.001 is hereby amended to read as follows:
449.001 As used in NRS 449.001 to
449.245, inclusive, unless the context otherwise requires, the words and terms
defined in NRS 449.002 to 449.018, inclusive, and
section 1 of this act have the meanings ascribed to them in those
sections.
κ1979
Statutes of Nevada, Page 161 (CHAPTER 103, SB 79)κ
Sec. 5. NRS
449.007 is hereby amended to read as follows:
449.007 Health and care facility
includes alcohol or drug treatment facility, ambulatory surgical center, child
care facility, group care facility, home health agency, intermediate
care facility, skilled nursing facility and hospital.
________
CHAPTER 104, SB 76
Senate Bill No.
76Committee on Human Resources and Facilities
CHAPTER 104
AN ACT relating to the administration of
public health; repealing an obsolete provision relating to the composition of
the health division of the department of human resources; and providing other
matters properly relating thereto.
[Approved March 29, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
439.020 is hereby repealed.
________
CHAPTER 105, SB 69
Senate Bill No.
69Committee on Human Resources and Facilities
CHAPTER 105
AN ACT relating to the administration of
public health; revising provisions requiring notice and hearing for proposed
regulations of district boards of health; requiring such boards to file adopted
regulations with certain county clerks; and providing other matters properly
relating thereto.
[Approved March 29, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
439.410 is hereby amended to read as follows:
439.410 1. The district
board of health [shall have] has the powers, duties and authority of a county board
of health in the health district.
2. The district health department [shall have] has jurisdiction
over all public health matters in the health district.
3. In addition to any other powers, duties
and authority conferred on a district board of health by this section, the
district board of health [shall have the power]
may by affirmative vote of a majority of all the
members of the board [to adopt, promulgate, amend
and enforce reasonable rules and] adopt regulations
consistent with law [, which rules and
regulations] which shall take
effect immediately on their approval by the state board of health to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices
in the interests of the public health;
κ1979
Statutes of Nevada, Page 162 (CHAPTER 105, SB 69)κ
(c) Provide for the sanitary protection of
water, food supplies and sewage disposal; and
(d) Protect and promote the public health
generally in the geographical area subject to the jurisdiction of the health
district.
4. [In the
adoption or amendment of any such rule or regulation, the district board of
health shall observe the same requirements for notice and hearing as are
prescribed for state agencies by the Nevada Administrative Procedure Act.]
Before the adoption, amendment or repeal of a
regulation, the district board of health shall give at least 30 days notice of
its intended action. The notice must:
(a) Include a statement
of either the terms or substance of the proposal or a description of the
subjects and issues involved, and of the time when, the place where, and the
manner in which, interested persons may present their views thereon.
(b) State each address at
which the text of the proposal may be inspected and copied.
(c) Be mailed to all
persons who have requested in writing that they be placed upon a mailing list,
which must be kept by the district board for such purpose.
5. All interested
persons must be afforded a reasonable opportunity to submit data, views or
arguments, orally or in writing, on the intended action to adopt, amend or
repeal the regulation. With respect to substantive regulations, the district
board shall set a time and place for an oral public hearing, but if no one
appears who will be directly affected by the proposal and requests an oral
hearing, the district board may proceed immediately to act upon any written
submissions. The district board shall consider fully all written and oral
submissions respecting the proposal.
6. Each district
board of health shall file a copy of all of its adopted regulations with the
county clerk of each county in which it has jurisdiction.
________
CHAPTER 106, SB 229
Senate Bill No.
229Senator Blakemore
CHAPTER 106
AN ACT authorizing the state land
registrar to exchange or sell certain state land situated in Lincoln County;
providing for conditions of transfer; and providing other matters properly
relating thereto.
[Approved March 29, 1979]
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, and subject to the conditions
set forth in section 2 of this act, the state land registrar, on behalf of the
State of Nevada, is hereby authorized to:
1. Exchange upon such arrangements as the
administrator of the division of state parks of the state department of
conservation and natural resources may conclude; or
κ1979
Statutes of Nevada, Page 163 (CHAPTER 106, SB 229)κ
2. Sell for cash and convey to the
purchaser upon receipt of payment,
all or part of that certain real property owned by the State
of Nevada and situated in the County of Lincoln, State of Nevada, described as
follows:
Parcel No. 1-That portion of the S1/2 NW1/4 and N1/2 SW1/4
of Section 2, T. 1 N., R. 69 E., M.D.B. & M., described as follows:
Commencing at a point whence the corner common to
Sections 2, 3, 10 and 11 of said township and range bears S. 22°20' W. a
distance of 2283.70 feet; said point being also described as the Southwest
corner of that certain parcel of land conveyed to Joseph Hollinger, William
Hollinger, Samuel Hollinger and James N. Hollinger by deed recorded April 17,
1962, in Book L-1, Page 62 of Real Estate Deeds on file in the office of the
County Recorder, Lincoln County, Nevada; Said parcel being one of the four
parcels of land described in the said real estate deed and is further
identified therein as containing 47.292 acres, more or less; thence N. 3°40'
E. along the Westerly boundary line of said parcel 1431.0 feet to the Northwest
corner thereof, being the true Point of Beginning; thence S. 72°09' E. along
the Northerly boundary line of said parcel 1573.82 feet; thence S. 74°00' E.,
34.00 feet; thence S. 14°00' W., 25.00 feet, thence N. 73°11' W., 34.22 feet;
thence N. 84°11' W., 324.00 feet; thence S. 19°47' W., 407.39 feet; thence S. 9°55'
E., 225.76 feet; thence N. 71°38' W., 1008.13 feet thence N. 28°57' W., 238.53
feet; thence N. 13°42' W., 93.33 feet; thence N. 3°01' W., to a point of
intersection with the Westerly boundary line of the aforesaid parcel conveyed
to Joseph Hollinger, et al.; thence N. 03°40' E. along the said Westerly
boundary to the true Point of Beginning.
Parcel No. 2-All that part of the W1/2 NW1/4 and the
N1/2 SW1/4 of Section 5, T. 2 N., R. 70 E., M.D.B. & M., and the SW1/4 SW1/4
of Section 32, T. 3 N., R. 70 E., M.D.B. & M., more particularly described
as follows:
Beginning at a point which is S. 89°55' W. a distance
of 4311.65 feet along the South line from the Southeast corner of said Section
5, and North 1320 feet, which point is on a fence line in a wash; thence N. 18°38'
E., 95.24 feet; thence N. 36°38' E., 683.58 feet; thence N. 16°58' W., 1203
feet; thence N. 10°20' E., 799 feet; thence N. 16°18' W., 142.50 feet; thence
N. 48°02' W., 206.46 feet; thence S. 79°05' W., 265 feet; thence N. 4°49' E.,
1494.5 feet; thence N. 21°58' E., 1010 feet to a point on the East-West fence;
thence N. 89°59'57" W., 1221.67 feet, more or less, to the Northwest
corner of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of
said Section 32, Township 3 North, Range 70 East; thence South 5280 feet, more
or less, along the West line of said Section 32 and said Section 5 to the
Southwest corner of said North Half (N1/2) of the Southwest Quarter (SW1/4) of
said Section 5; thence N. 89°57' E., 984.55 feet, more or less, to the Point of
Beginning.
Parcel No. 3-The SE1/4 NE1/4 of Section 19 and the
S1/2 NW1/4 of Section 20, in T. 3 N., R. 70 E., M.D.B. & M., Lincoln
County, Nevada.
Sec. 2. The
real property described in section 1 of this act may be exchanged or sold
subject to the following conditions:
κ1979
Statutes of Nevada, Page 164 (CHAPTER 106, SB 229)κ
1. The property must first be appraised
by a competent appraiser.
2. If the property is to be exchanged, it
may be exchanged only for real property of substantially equivalent value or
for real property and an amount of money equal to the difference in value
between the property conveyed and the property received. The property to be
received must in either case be appraised by a competent appraiser.
3. If the property is to be sold, the
sale must be conducted by public auction or by sealed bids. The proceeds of the
sale must be placed in the state park acquisition fund in the state treasury
and be used for the purchase of land for state park purposes.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 107, SB 345
Senate Bill No.
345Committee on Government Affairs
CHAPTER 107
AN ACT relating to the Lovelock Meadows
Water District; validating, ratifying, approving and confirming acts, action
and proceedings taken by the board of trustees of the Lovelock Meadows Water
District in increasing the maximum allowable rate of interest on general
obligation bonds and other general obligation securities to be approved at a
special election; authorizing the district to issue such general obligation
bonds at the increased rate of 9 percent if approved at an election;
validating, ratifying, approving and confirming acts, action and proceedings
taken in connection with such election and such issuance; and providing other
matters properly relating thereto.
[Approved March 30, 1979]
Whereas, The
board of trustees of the Lovelock Meadows Water District in Pershing County,
State of Nevada (sometimes designated in this act as the board, the
district and the county, respectively), by resolution adopted January 23,
1979, authorized the submission to the qualified electors of the district at a
special district election to be held in the district on Tuesday, the 3rd day of
April, 1979, of a question authorizing the district to incur an indebtedness by
the issuance of its negotiable, coupon, general obligation bonds, in the
maximum principal amount of $1,250,000 (sometimes designated in this act as the
bonds), such bonds to bear interest at a rate or rates of not exceeding 8
percent per annum; and
Whereas, The
limitation of 8 percent per annum on the interest rate was also contained in
preliminary proceedings and in the service plan for the district prepared
pursuant to chapter 308 of NRS, and in the proceedings taken before the general
obligation bond commission under NRS 350.002 to 350.006, inclusive; and
Whereas, Following
the adoption of the resolution on January 23, 1979, the deterioration in the
market for the sale of bonds or securities of a type similar to those of the
district was brought to the attention of the board which on March 6, 1979,
adopted a resolution increasing the rate of interest to the statutory maximum
of 9 percent and such maximum rate of interest is set forth in the bond
question to be submitted to the electors on April 3, 1979; and
κ1979
Statutes of Nevada, Page 165 (CHAPTER 107, SB 345)κ
Whereas, There
is not sufficient time to submit a revised proposal to the general obligation
bond commission or to have a modified service plan adopted pursuant to chapter
308; and
Whereas, Certain
legal questions may exist concerning possible irregularities in connection with
increasing the rate of interest immediately before the submission of the
proposal and otherwise; and
Whereas, It
is declared, as a matter of legislative determination, that it is in the public
interest to remove any legal impediments to the issuance of the bonds caused by
such possible irregularities; now, therefore,
The People of the
State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All
acts, action and proceedings heretofore had or taken by the board on behalf of
the district to increase the maximum rate or rates of interest on the general
obligation bonds or other securities of the district to 9 percent per annum are
hereby validated, ratified, approved and confirmed.
Sec. 2. The
district is by this act authorized and empowered, following the approval of the
bond question by the qualified electors at the election on April 3, 1979, or
any subsequent election, without the necessity of securing approval of a
modified service plan, securing additional approval of the general obligation
bond commission, or other or further preliminaries, to issue the bonds, in one
series or more, in the aggregate principal amount of $1,250,000 at a rate or
rates of interest of not more than 9 percent per annum and otherwise as
provided in the bond question.
Sec. 3. All
acts, action and proceedings heretofore had or taken, or purportedly had or
taken, by or on behalf of the district or the county under law or under color
of law preliminary to and in the preparation, submission and approval of the
service plan, the creation of the district, the holding of the election, the
authorization, execution, sale, issuance and payment (or any combination
thereof) of any or all of the bonds are hereby validated, ratified, approved
and confirmed. This act operates to supply such legislative authority as may be
necessary to validate any such acts, action and proceedings heretofore taken
which the legislature could have supplied or provided for in the law under
which such acts or proceedings were taken.
Sec. 4. This
act being necessary to secure and preserve the public health, safety,
convenience and general welfare, the rule of strict construction has no
application hereto, and it shall be liberally construed to effect the purposes
and objects for which this act is intended.
Sec. 5. If
any provision of this act or the application thereof to any person, thing or
circumstance is held invalid, such invalidity shall not affect the provisions
or application of this act that can be given effect without the invalid
provision or application, and to this end the provisions of this act are
declared to be severable.
Sec. 6. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 166κ
CHAPTER 108, AB 330
Assembly Bill No. 330Committee
on Ways and Means
CHAPTER 108
AN ACT to amend an act entitled An Act
relating to administrative regulations; providing for their codification; and
providing other matters properly relating thereto, approved May 15, 1977.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
33 of the above-entitled act, being chapter 560, Statutes of Nevada 1977, at
page 1390, is hereby amended to read as follows:
Sec. 33. The
legislative commission shall prescribe the order in which the legislative
counsel shall codify the existing regulations of the several agencies, and
shall so schedule his work that it is completed before November 1, [1980.] 1982. Every
agency of the executive department of the state government, except those
entirely exempted from the operation of the Nevada Administrative Procedure
Act, shall make available to the legislative counsel all records requested by
him to assist in the codification of its regulations. The legislative counsel
shall review and if appropriate revise the language of any existing regulation
being codified so that it is clear, concise and suitable for incorporation in
the Nevada Administrative Code. In codifying an existing
regulation, the legislative counsel shall exclude from it any material which is
duplicative of statute.
________
CHAPTER 109, AB 443
Assembly Bill No.
443Committee on Government Affairs
CHAPTER 109
AN ACT relating to the control and sale of
state lands; abolishing the state land registrar appraisal and publication
revolving fund; and providing other matters properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
321.335 is hereby amended to read as follows:
321.335 1. [Notwithstanding any other provision of law, except]
Except as provided in NRS 321.450 and 321.510,
after April 1, 1957, all sales of any lands to which the State of Nevada or any
department, agency or institution thereof has title, except the department of
highways and agricultural associations organized pursuant to chapter 547 of
NRS, including lands theretofore subject to contracts of sale which have been
forfeited, [shall be] are governed by the provisions of this section.
2. Whenever the state land registrar
deems it to be in the best interests of the State of Nevada that any lands
owned by the state and not used or set apart for public
purposes be sold, he may cause [the same] those lands to be sold at public
auction or upon sealed bids, for cash or pursuant to contract of sale, [as
hereinafter provided,] at a price not less than [the] their appraised value
[thereof] and in no event at less than $3 per acre, plus the costs of appraisal
and publication of notice of sale.
κ1979
Statutes of Nevada, Page 167 (CHAPTER 109, AB 443)κ
not used or set apart for public purposes be sold, he may
cause [the same] those lands to be sold at public auction or upon sealed
bids, for cash or pursuant to contract of sale, [as
hereinafter provided,] at a price not less than [the] their appraised
value [thereof] and in no event at
less than $3 per acre, plus the costs of appraisal and publication of notice of
sale.
3. Before offering any [such] land for sale, the state land
registrar shall cause [the same] it to be appraised by a competent appraiser.
4. After receipt of the report of the
appraiser, the state land registrar shall cause a notice of sale to be
published once a week for 4 consecutive weeks in a newspaper of general
circulation published in the county where the land to be sold is situated, and
in such other newspapers as he [may deem]
deems appropriate. If there is no newspaper
published in the county where the land to be sold is situated the notice [shall] must be
so published in some newspaper published in this state having a general
circulation in the county where the land is situated.
5. [Such
notice shall] The notice must contain:
(a) A description of the land to be sold;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold
at public auction or upon sealed bids to the highest bidder; and
(d) If the sale is to be at public auction, the
time and place of sale; or
(e) If the sale is to be upon sealed bids, the
place where [such] the bids will be accepted, the first and last days on
which the [same] bids will be accepted, and the time and place [such] the bids
will be opened.
6. The state land registrar may reject
any bid or offer to purchase if he deems [such]
the bid or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for
the land involved.
(c) On lands which it may be more beneficial for
the state to reserve.
(d) On lands which are requested by the State of
Nevada or any department, agency or institution thereof.
7. Upon acceptance of any bid or offer
and payment to the state land registrar in accordance with the terms of sale
specified in the notice of sale, the state land registrar shall cause a patent
to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a
contract of sale as provided in NRS 321.240 to 321.300, inclusive, as
appropriate; but [every such contract shall]
those contracts must require that the remainder
of the purchase price be paid within 25 years from the date of the contract and
that [such] the
contract [shall] will immediately be declared forfeited if any
installment of principal or interest remains unpaid for a period of 6 months
after [the same] it was due and payable pursuant to the contract.
8. Nothing in this section [shall apply to or affect] applies to or affects any pending contract or
application for the purchase of land from the State of Nevada, whether title [thereto] to it is
in the state or the state is in the process of acquiring title [thereto] to it under
any method of exchange or selection between the state and the United States or
any department or agency thereof.
[9. A
revolving fund in the sum of $1,000, to be known as the state land registrar
appraisal and publication revolving fund, is hereby created to be used by the state land registrar in paying, in the manner
provided by law, the necessary expenses incurred in carrying out the provisions
of subsection 2.
κ1979
Statutes of Nevada, Page 168 (CHAPTER 109, AB 443)κ
to be used by the state land
registrar in paying, in the manner provided by law, the necessary expenses
incurred in carrying out the provisions of subsection 2. Any person requesting
that state land be sold under provisions of this section shall deposit an
amount of money sufficient to pay the costs of the state land registrar in
processing the application, including publication costs and appraisal expenses.
This deposit shall be refunded whenever the person making the deposit is not
the successful bidder and the costs of processing the application, including
publication and appraisal expenses, shall be borne by the successful bidder.]
Sec. 2. Any
money which remains in the state land registrar appraisal and publication
revolving fund on July 1, 1979, reverts to the state general fund on that date.
________
CHAPTER 110, AB 458
Assembly Bill No.
458Assemblymen Barengo and Hayes
CHAPTER 110
AN ACT relating to parole and probation;
conferring power to administer oaths and issue subpenas on certain officers;
providing for judicial enforcement of the subpena power; and providing other
matters properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
176.216 is hereby amended to read as follows:
176.216 1. Before a
probationer may be returned to the court for violation of a condition of his
probation, an inquiry shall be conducted to determine whether there is probable
cause to believe that he has committed any act that would constitute such a
violation.
2. The inquiry shall be conducted before
an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of violation of the
probation; and
(c) Has not recommended revocation of the
probation,
but he need not be a judicial officer.
3. Except in a case where the probationer
is a fugitive, the inquiry shall be held promptly at or reasonable near the place
of the alleged violation or the arrest, and not later than 15 days after the
arrest if the arrested person is on probation from a Nevada court of 30 days
after the arrest if he is on probation from another state and under supervision
in this state.
4. For the
purposes of this section, the inquiring officer may administer oaths and issue
subpenas to compel the attendance of witnesses and the production of books and
papers.
Sec. 2. Chapter
176 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
1. If any witness
refuses to attend or testify or produce any books and papers as required by the
subpena, the inquiring officer 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;
κ1979
Statutes of Nevada, Page 169 (CHAPTER 110, AB 458)κ
(b) The witness has been
subpenaed by the inquiring officer pursuant to NRS 176.216; and
(c) The witness has
failed or refused to attend or produce the books and papers required by the
subpena at the inquiry 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.
2. 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 at
the inquiry. A certified copy of the order shall be served upon the witness.
3. If it appears
to the court that the subpena was regularly issued by the inquiring officer,
the court shall enter an order that the witness appear at the inquiry 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. 3. NRS
213.1511 is hereby amended to read as follows:
213.1511 1. Before a parolee
may be returned to the custody of the Nevada state prison for violation of a
condition of his parole, an inquiry shall be conducted to determine whether
there is probable cause to believe that he has committed acts that would
constitute such a violation.
2. The inquiry shall be conducted before
an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of parole violation;
and
(c) Has not recommended revocation of the
parole,
but he need not be a judicial officer.
3. Except in a case where the parolee is
a fugitive, the inquiry shall be held at or reasonable near the place of the
alleged violation or the arrest and as promptly as convenient after the arrest.
4. For the
purposes of this section, the inquiring officer may administer oaths.
Sec. 4. Chapter 213 of NRS is
hereby amended by adding thereto a new section which shall read as follows:
1. For the
purposes of NRS 213.107 to 213.160, inclusive:
(a) The chairman of the
board; and
(b) The inquiring officer
conducting an inquiry pursuant to NRS 213.1511,
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 board or inquiring officer 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 chairman of the board or inquiring officer 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 or at the inquiry which
is named in the subpena, or has refused to answer questions propounded to him,
κ1979
Statutes of Nevada, Page 170 (CHAPTER 110, AB 458)κ
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.
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. 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, the court shall enter an
order that the witness appear before the board or at the inquiry 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.
________
CHAPTER 111, AB 460
Assembly Bill No.
460Assemblymen Barengo and Hayes
CHAPTER 111
AN ACT relating to pardons and paroles;
defining status of escaped prisoner; excluding certain time as time served on a
term of imprisonment; and providing other matters properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
213.160 is hereby amended to read as follows:
213.160 1. [If any] A prisoner
who is paroled and leaves the state without
permission from the board [, he] or who does not keep the board informed as to his location as
required by the conditions of his parole shall be deemed an escaped
prisoner and arrested as such.
2. If his parole is lawfully revoked and
he is thereafter returned to the Nevada state prison, he forfeits all
previously earned credits for good behavior and shall serve such part of the
unexpired term of his original sentence as may be determined by the board.
3. The board may restore any good
behavior credits forfeited under [this section.]
subsection 2.
4. The time a
person is an escaped prisoner is not time served on his term of imprisonment.
________
κ1979
Statutes of Nevada, Page 171κ
CHAPTER 112, SB 188
Senate Bill No.
188Senator Jacobsen
CHAPTER 112
AN ACT relating to chiropractors; standardizing the fee
for licensing chiropractors; and providing other matters properly relating
thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
634.100 is hereby amended to read as follows:
634.100 1. [All applicants for licenses] An applicant for a license to practice chiropractic in
the State of Nevada [who have not previously been
admitted to practice in any other state shall] whether by examination or reciprocity, must pay to the
secretary of the board [the sum of $75 before
being entitled to have their applications considered.] a fee of $100.
2. [Applicants
who have been previously licensed to practice chiropractic in any other state
shall pay to the secretary of the board the sum of $100 before being entitled
to have their applications further considered.
3.] An
applicant taking the examination who receives a general average of not less
than 75 percent in all subjects and who does not fall below the grade of 70
percent in any one subject [shall be granted]
is entitled to a license to practice
chiropractic.
[4.] 3. If an applicant fails to pass the first
examination, he may take a second examination within 1 year without payment of
any additional fees. Credit [shall]
must be given on this examination for all
subjects previously passed with a grade of 75 percent or higher.
________
CHAPTER 113, AB 21
Assembly Bill No.
21Assemblymen Mann, Horn and Sena
CHAPTER 113
AN ACT relating to crimes and
responsibilities regarding fires; authorizing fire departments to investigate
causes, origins and circumstances of fires; and providing other matters
properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
475 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Each fire department may
investigate the cause, origin and circumstances of each fire which occurs
within its jurisdiction and which results in the destruction of or damage to
property, loss of life, or injury to any person.
________
κ1979
Statutes of Nevada, Page 172κ
CHAPTER 114, AB 86
Assembly Bill No.
86Assemblyman Getto
CHAPTER 114
AN ACT relating to purchasing by local
governments; raising the estimated value of contracts exempt from advertising;
requiring requests for bids on certain contracts; and providing other matters
properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
332.035 is hereby amended to read as follows:
332.035 1. Except as
otherwise provided by law, a governing body or its authorized representative
may enter into a contract of any nature without advertising [or requesting bids] when the estimated
amount required to perform the contract is [$2,500]
$5,000 or less.
2. If the
estimated amount required to perform the contract is more than $2,500 but not
more than $5,000, requests for bids must be submitted to two or more persons
capable of performing the contract, if available. The governing body or its
authorized representative shall maintain a permanent record of all requests for
bids and all bids received.
3. Nothing
in this section prohibits a governing body or its authorized representative
from advertising for or requesting bids [.]
regardless of the estimated amount to perform the
contract.
Sec. 2. NRS
332.045 is hereby amended to read as follows:
332.045 1. Except as
otherwise provided by law, the governing body or its authorized representative
shall advertise all contracts where the estimated aggregate amount required to
perform the contract exceeds [$2,500]
$5,000 at least once and not less than 7 days [prior to] before opening
bids.
2. Such advertisement [shall] must be
by notice to bid to be published in a newspaper published and having general
circulation within the county wherein the local government, or a major portion
thereof, is situated. If no such newspaper is published in the county, then
publication [shall] must be in any newspaper published in the state having
general circulation in the county.
3. Such notice [shall]
must state:
(a) The nature, character or object of the
contract.
(b) If plans and specifications are to
constitute part of the contract, where such plans and specifications may be
seen.
(c) The time and place where bids will be
received and opened.
(d) Such other matters as may properly pertain
to giving notice to bid.
________
κ1979
Statutes of Nevada, Page 173κ
CHAPTER 115, AB 212
Assembly Bill No.
212Committee on Judiciary
CHAPTER 115
AN ACT to amend an act entitled An Act
relating to boards, commissions and similar bodies in the executive department
of state government; establishing uniform provisions for the appointment by the
governor of members to these bodies; changing the composition of various
bodies; transferring certain powers and duties; abolishing certain bodies;
providing for the expiration and reestablishment of the terms of members; and
providing other matters properly relating thereto, approved May 14, 1977;
correcting conflicting provisions relating to the appointment of members of the
commission on crimes, delinquency and corrections.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Section
375 of the above-entitled act, being chapter 530, Statutes of Nevada 1977, at
page 1266, is hereby amended to read as follows:
Sec. 375. 1. The
terms of office of all members of the following boards, commissions and similar
bodies, who are incumbent on October 30, 1977, expire on that date:
(a) [The commission on crimes, delinquency and corrections;
(b)] The
economic advisory council on tourism;
[(c)] (b) The economic advisory council on industry;
[(d)] (c) The youth services agency advisory board;
[(e)] (d) The Nevada equal rights commission;
[(f)] (e) The Nevada Indian commission;
[(g)] (f) The Nevada state rural housing authority;
[(h)] (g) The Nevada veterans advisory commission;
[(i)] (h) The state welfare board;
[(j)] (i) The state advisory committee on older
Americans;
[(k)] (j) The child care policy board;
[(l)] (k) The Nevada racing commission;
[(m)] (l) The Nevada athletic commission;
[(n)] (m) The state fire marshals advisory board;
[(o)] (n) The state board of agriculture;
[(p)] (o) The state board of sheep commissioners;
[(q)] (p) The Nevada liquefied petroleum gas board;
[(r)] (q) The Nevada employment security council;
[(s)] (r) The board of review;
[(t)] (s) The state board of architecture;
[(u)] (t) The state contractors board;
[(v)] (u) The state board of registered professional
engineers;
[(w)] (v) The board of landscape architecture;
[(x)] (w) The board of dental examiners of Nevada;
[(y)] (x) The state board of nursing;
[(z)] (y) The Nevada state board of chiropractic
examiners;
[(aa)] (z) The state board of Oriental medicine;
[(bb)] (aa) The state board of podiatry;
[(cc)] (bb) The Nevada state board of optometry;
[(dd)] (cc) The board of dispensing opticians;
[(ee)] (dd) The board of hearing aid specialists;
κ1979
Statutes of Nevada, Page 174 (CHAPTER 115, AB 212)κ
[(ff)] (ee) The Nevada state board of veterinary medical
examiners;
[(gg)] (ff) The state board of pharmacy;
[(hh)] (gg) The state board of physical therapy
examiners;
[(ii)] (hh) The state board of psychological examiners;
[(jj)] (ii) The board of marriage and family counselor
examiners;
[(kk)] (jj) The state board of funeral directors and
embalmers;
[(ll)] (kk) The Nevada real estate advisory commission;
[(mm)] (ll) The private investigators licensing board;
[(nn)] (mm) The Nevada state board of examiners for
skilled nursing facility administrators;
[(oo)] (nn) The certified shorthand reporters board of
Nevada; and
[(pp)] (oo) The taxicab authority.
2. After the
expiration of the terms of members of the boards, commissions or similar bodies
listed in subsection 1, the governor shall appoint, as nearly as may be, new
members as follows:
(a) One-third of the
members to terms expiring October 30, 1978;
(b) One-third of the
members to terms expiring October 30, 1979; and
(c) One-third of the
members to terms expiring October 30, 1980.
The governor shall appoint at least
one-third of the members who are incumbent on October 30, 1977, to new terms on
the respective boards, commissions or similar bodies.
3. The terms of
office of all members of the following boards, commissions and similar bodies,
who are incumbent on July 1, 1977, expire on that date:
(a) The state multiple
use advisory committee on federal lands;
(b) The Eldorado
Valley advisory group;
(c) The state land use
planning advisory council;
(d) The Nevada state
museum board of trustees;
(e) The Lost City
museum advisory commission;
(f) The Nevada
historical society board of trustees;
(g) The Nevada council
on libraries;
(h) The state textbook
commission;
(i) The commission on
postsecondary institutional authorization;
(j) The state park
advisory commission;
(k) The mental hygiene
and mental retardation advisory board;
(l) The state board of
forestry and fire control;
(m) The state board of
fish and game commissioners;
(n) The state energy
resources advisory board; and
(o) The Colorado River
advisory commission.
4. After the
expiration of the terms of members of the boards, commissions or similar bodies
listed in subsection 3, the governor shall appoint, as nearly as may be, new
members as follows:
(a) One-third of the
members to terms expiring June 30, 1978;
(b) One-third of the
members to terms expiring June 30, 1979; and
κ1979
Statutes of Nevada, Page 175 (CHAPTER 115, AB 212)κ
(c) One-third of the
members to terms expiring June 30, 1980.
The governor shall appoint at least
one-third of the members who are incumbent on July 1, 1977, to new terms on the
respective boards, commissions or similar bodies.
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 116, AB 289
Assembly Bill No.
289Committee on Government Affairs
CHAPTER 116
AN ACT relating to state purchasing;
eliminating requirement for consultation prior to purchase of schoolbooks and
for production of certain reports; requiring certain state agencies to provide
annual equipment listing to purchasing division; and providing other matters
properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
333.210 is hereby amended to read as follows:
333.210 1. Supplies,
materials and equipment purchased for the various using agencies shall be
reduced to the practicable minimum of types, styles and sizes. The chief shall
be responsible for developing and executing a progressive program of
establishing standards. The chief may call upon any department or officer
having technical facilities available, for assistance in the formulation of
such standards.
2. Standard specifications shall be
developed and adopted after consultation with the heads of the various using
agencies, who shall assist in formulating such specifications. Such
specifications shall be sufficiently complete and precise:
(a) To insure that all vendors bid on the same
basis.
(b) To make effective testing and inspection
possible.
(c) To attract the maximum competition
practicable with due consideration of suitability of products.
(d) To describe the methods of testing or
inspection.
A specification file containing all approved specifications
shall be maintained by the chief.
[3. In the
purchasing of school books, the chief or his authorized agent shall consult
with the superintendent of public instruction and the state textbook commission
for the purpose of determining the extent to which this requirement can be met.]
Sec. 2. NRS
333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed
properties and movable equipment of the state in the possession of the using
agencies.
(b) Establish or cause to be established an
adequate identification scheme for all such property and equipment.
(c) Cause adequate records of such equipment and
property to be maintained.
κ1979
Statutes of Nevada, Page 176 (CHAPTER 116, AB 289)κ
2. The chief shall have authority to
transfer tools, implements, machinery or other equipment in the possession of
any using agency, when such equipment is not necessary for the use of such
agency, to such other agency or agencies as may have need therefor.
3. The records of property and equipment
of the state shall be maintained at all times to show the officers entrusted
with the custody thereof and transfers of property between such officers. [Each using agency shall maintain current inventory
records.] Each using agency shall conduct an annual physical
count of all property and equipment charged to it and shall reconcile the
results of the annual physical count with the inventory records maintained by [it.] the chief.
The chief shall maintain the current inventory records for each state agency
except the employment security department, the Nevada department of fish and
game, the Nevada industrial commission, the department of highways and the
department of motor vehicles, each of which shall annually submit to the chief
an itemized list of equipment for which it is responsible.
4. The
rules of the chief shall prescribe the procedure by which supplies, materials
and equipment may be condemned and disposed of, by sale or otherwise, when of
no further use to the state. Except as provided in subsection 5, such rules
shall provide that no such property shall be sold otherwise than to the highest
bidder after every effort has been made to secure at least three competitive
bids and that no condemned property of an appraised value over $500 shall be
sold except through notice published in a newspaper circulated in the area in
which the sale is made.
5. Before accepting other bids, the chief
shall offer used highway patrol vehicles to the office of the sheriff of each
county and to police departments of each city in the state and shall sell such
vehicle to the highest bidder, if any, from such offices or departments. Bids
and acceptance thereof shall be made in accordance with rules established by
the chief.
Sec. 3. NRS
333.090 is hereby repealed.
________
CHAPTER 117, AB 286
Assembly Bill No.
286Committee on Government Affairs
CHAPTER 117
AN ACT relating to state purchasing;
increasing the limit on the amount which may be authorized for local purchases;
and providing other matters properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
333.390 is hereby amended to read as follows:
333.390 1. The chief may
authorize local purchasing by using agencies, in accordance with the rules and
specifications, of individual orders for items not
scheduled for quantity purchasing, not to exceed [$500] $1,000 for each order,
except for repair and replacement parts for heavy equipment not to exceed
[$1,500] $5,000 for each order, at no higher prices than he may specify in the
orders authorizing [such] the local purchasing.
κ1979
Statutes of Nevada, Page 177 (CHAPTER 117, AB 286)κ
for items not scheduled for quantity purchasing, not to
exceed [$500] $1,000 for each order, except for repair and
replacement parts for heavy equipment not to exceed [$1,500]
$5,000 for each order, at no higher prices than
he may specify in the orders authorizing [such]
the local purchasing. Such local purchasing may
be so authorized as in the cases of perishable articles and to meet other
emergency requirements.
2. The prices on such local purchases
shall be based on considerations of equal service and economy as compared with
those in furnishing the same items of equal quality through the regular
purchasing procedure.
3. Each [such]
authorization shall:
(a) Be revocable.
(b) Specify the limit of spending for individual
orders not to exceed [$500] $1,000 except for repair and replacement parts referred
to in subsection 1.
(c) Specify the articles to be purchased.
(d) Be operative for a period not exceeding 1
year from the date of issue.
4. Using agencies receiving such orders
shall keep a record of their accounts and expenditures under [such] that authority,
accompanied with proper evidence that competition has been secured to the
extent practicable.
________
CHAPTER 118, SB 38
Senate Bill No. 38Committee
on Government Affairs
CHAPTER 118
AN ACT relating to elections; clarifying procedure for
transferring certain registrations by voters; and providing other matters
properly relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
293.525 is hereby amended to read as follows:
293.525 Except as provided in NRS
293.490, any elector who has changed his residence subsequent to the last
preceding general election from one precinct or district to another within the
same county [shall not be] is not eligible to vote unless [upon
his] he submits to the county clerk before
the close of registration a written and signed request that the county clerk [transfers]
transfer his registration to the new address. No
affidavit is required.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 178κ
CHAPTER 119, SB 84
Senate Bill No.
84Committee on Government Affairs
CHAPTER 119
AN ACT relating to public records;
transferring the division of state, county and municipal archives of the office
of the secretary of state to the Nevada state library; providing certain powers
and duties for the state librarian; and providing other matters properly
relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
225.070 is hereby amended to read as follows:
225.070 1. The secretary of
state [shall have the] has custody of and shall carefully preserve in the
division of state, county and municipal archives [:]
of the Nevada state library or in his office:
(a) The enrolled copy of the constitution of the
State of Nevada.
(b) The description of the state seal and other
seals of which a description may be required to be deposited in his office.
(c) The proceedings and all papers of the two
constitutional conventions [heretofore]
held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts
and joint resolutions and journals of the legislature of this state and the
Territory of Nevada.
(e) The records, papers and documents of Carson
County, Utah Territory, and all other books, records and documents which, by
the laws of the Territory of Nevada, were required to be deposited and kept in
the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps,
registers and papers [that may be] required
to be deposited or kept in his office. [or kept therein.]
(g) All deeds and conveyances belonging to the
state.
(h) All official bonds approved by the governor.
(i) All written contracts to which the state is
a party, [unless] except those required to be deposited elsewhere.
2. The deeds, conveyances and official
bonds [shall] must be recorded in well-bound books, and the original
papers [shall] must not be permitted to be taken out of the office [on any pretense] or
the division of state, county and municipal archives for any reason whatever,
unless in the possession of the secretary of state or his deputy.
Sec. 2. NRS
225.100 is hereby amended to read as follows:
225.100 The secretary of state shall
furnish, on [demand,] request, to any person [paying]
who has paid the proper [legal
fees therefor:
1. A duly]
fee for it, a certified copy of all or any part
of any law, act, record or other instrument of writing on file or deposited in
his office [or the archives, and] of
which a copy may properly be given.
[2. A copy
of any material in the archives.]
Sec. 3. NRS
225.140 is hereby amended to read as follows:
225.140 1. In addition to
other fees authorized by law, the secretary of state [,
for services relating to his official duties and the records of his office,]
shall charge and collect the following fees for the use of the state:
κ1979
Statutes of Nevada, Page 179 (CHAPTER 119, SB 84)κ
For a written
copy of any law, joint resolution, transcript of record, or other paper on file
or of record in his office, per [folio]
page............................... $0.25
For certifying to
any such copy and use of the state seal, for each impression 5.00
For filing and
recording trade-marks and names....................................... 25.00
For the delivery
of a duly attested certificate of the record of filing any label, trade-mark or
form of advertisement, as provided by NRS 600.010..... 5.00
For each passport
or other document signed by the governor and attested by the secretary of state............................................................................... 10.00
For filing power
of attorney.......................................................................... 10.00
2. The secretary of state shall charge a
reasonable fee for searching records [and
archives of the state and other records] and documents kept in
his office.
3. The secretary of state is required to
collect the fees specified in this section in all cases, whether the services
rendered are to a person, firm, corporation or association.
4. The secretary of state [shall neither charge nor] may not charge or collect any filing or other fees:
(a) For services rendered by him to the State of
Nevada or any county, city or town thereof, or any officer thereof in his
official capacity or respecting his office or official duties.
(b) For attesting extradition papers or executive
warrants for other states.
(c) For any [other]
commission or appointment issued or made by the governor, either for the use of
the state seal or otherwise.
Sec. 4. NRS
239.005 is hereby amended to read as follows:
239.005 As used in this chapter division
of archives means the division of state, county and municipal archives [within the office of the secretary of state.]
of the Nevada state library.
Sec. 5. NRS
239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in
addition to the method of recording required or allowed by statute, the county
recorder may use the microfilm method of recording.
2. The division of archives, in cooperation with the state
printing and records division of the department of general services, shall
provide microfilming service to any local government entity. The charge for the
service shall not exceed the actual cost.
3. If such microfilm method be used:
(a) The microphotographs or micronegative films
shall be properly indexed and placed in conveniently accessible files.
(b) Each film shall be designated and numbered.
(c) Provision shall be made for preserving,
examining and using the same.
4. A duplicate of such film shall be made
and kept safely in a separate place.
5. Duplicates of such film shall be made
available by the county recorder for sale at a price not exceeding cost upon
request of any person, firm or organization. Subject to the approval of the
board of county commissioners, the county recorder may,
at any time, make additional duplicates of such film available for sale to the
public at a price not exceeding cost.
κ1979
Statutes of Nevada, Page 180 (CHAPTER 119, SB 84)κ
commissioners, the county recorder may, at any time, make
additional duplicates of such film available for sale to the public at a price
not exceeding cost.
Sec. 6. NRS
239.085 is hereby amended to read as follows:
239.085 1. Whenever the
state highway engineer determines that old or obsolete papers, books, pamphlets
or documents of the department of highways are no longer of value to the
department, he may [lawfully order any such]
order the papers, books, pamphlets or documents
removed from storage and destroyed.
2. The department of highways shall keep
a record showing when any of the papers, books, pamphlets and documents
mentioned in subsection 1 was destroyed, and the kind and nature [thereof.] of it.
3. If any
of the papers, books, pamphlets and documents has a historical value, it may be
presented to the [secretary of state]
state librarian for preservation in the archives.
Sec. 7. NRS
239.120 is hereby amended to read as follows:
239.120 [The
district courts of the several judicial districts are authorized to]
1. A district court may direct the
sheriff of any county within [their respective
judicial districts] the judicial district to
destroy, by burning in the presence of the court, ballots, notes taken by
official reporters, county warrants and such other obsolete papers and records
of no further legal [force or] effect
as the court may designate after a period of 6 years after the filing [thereof.] of
them.
2. Before
any papers or records mentioned [herein]
in this section are destroyed by burning, the
division of [state, county and municipal archives
in the office of the secretary of state shall] archives must be notified and [a
representative thereof shall have the privilege of selecting for retention by
the division] its representative may
select any such papers or records [.]
for retention in the archives.
Sec. 8. NRS
239.123 is hereby amended to read as follows:
239.123 1. As an alternative
to the destruction of old records as provided by NRS 239.122, such records,
with the consent of the governing body, may be submitted to the division of
archives.
2. The division of
archives may return the records so submitted, or any part thereof, if they have
no historical or permanent value.
3. The
custodian of records shall maintain an accounting of all old records disposed
of pursuant to this section, indicating the nature or identity of such records
as well as the date of submission to the division of archives.
Sec. 9. NRS
239.125 is hereby amended to read as follows:
239.125 1. A local
governmental entity may establish a records management program, including the
adoption of record retention schedules and microfilming procedures which shall
be approved by the governing body and comply with applicable law.
2. The [division
of archives] state librarian shall
adopt regulations providing for categories of old records and minimum retention
periods for local government records. The proposed regulations or any amendment
thereto shall be submitted to the local government advisory committee,
established pursuant to NRS 354.594, for advice and recommendations.
κ1979
Statutes of Nevada, Page 181 (CHAPTER 119, SB 84)κ
Sec. 10. Chapter
378 of NRS is hereby amended by adding thereto the provisions set forth as
sections 11 to 16, inclusive, of this act.
Sec. 11. As used in this chapter, division of archives means
the division of state, county and municipal archives of the Nevada state state
library.
Sec. 12. 1. The division of archives is hereby
created in the Nevada state library. The division is administered by the state
librarian.
2. It is the
intent of the legislature that the division, in carrying out its functions of
preserving, maintaining and coordinating state, county and municipal archival
material, follow accepted standards of archival practice to assure maximum
accessibility for the general public.
Sec. 13. The state librarian shall, within the limits of
legislative appropriations:
1. Maintain and
properly equip safe and secure premises and vaults at the seat of government
for the preservation and use of material deposited in the archives.
2. Employ persons
in the classified service of the state to preserve, index and aid in the use of
material deposited in the archives.
3. Give an
appropriate receipt for material received by him for the archives.
4. Make material
deposited in the archives readily available for use.
5. Receive into
the archives any material when directed to do so by the state board of examiners.
Sec. 14. The state librarian may:
1. Receive into
the archives any material from a state agency if he finds that it is of
historical value.
2. With the
approval of the state board of examiners, return to the state agency from which
it was received, material in the archives which he finds is not of historical
value.
3. Receive into
the archives any material which has been directed to be deposited in the
archives by an order or resolution of the governing body of a local
governmental entity, if he finds that it is of historical value.
4. With the
approval of the state board of examiners, turn over to the Nevada historical
society any material in the archives which he finds to be surplus, not properly
in the archives, or appropriate to be kept in the custody of the Nevada
historical society.
5. Accept gifts of
money if the purpose is within the scope of the duties of the division of
archives and he approves the purpose, and expend money received as a gift for
the purpose specified by the donor or, if no purpose is specified, in any
manner which will further the purposes of the division of archives.
Sec. 15. The state librarian may enter into an agreement with
the secretary of state to keep in the archives any material of which the
secretary of state is required by law to have custody and to preserve.
Sec. 16. The state librarian shall furnish, on request, to any
person who has paid the proper fees for it, a copy of any material in the
archives, and may certify it if required. The state librarian may charge a
reasonable fee for searching archives of the state, for producing copies of and
for certifying copies of any material in the archives.
κ1979
Statutes of Nevada, Page 182 (CHAPTER 119, SB 84)κ
Sec. 17. NRS
378.200 is hereby amended to read as follows:
378.200 1. After receipt of
any state publications, the state publications distribution center shall
distribute copies of [such] those publications as follows:
(a) [One copy to
the division of state, county and municipal archives of the office of the
secretary of state;
(b)] One
copy to the legislative counsel bureau;
[(c)] (b) Two copies to the Library of Congress; and
[(d)] (c) Two copies to each depository library in this
state.
2. The center shall retain sufficient
copies in the Nevada state library for preservation and use by the public. The
remaining copies [shall] must be used for distribution in accordance with any
agreements entered into with other states for the exchange of state
publications, and for loaning services to those libraries without depository
status.
Sec. 18. NRS
382.060 is hereby amended to read as follows:
382.060 The Nevada historical society
shall preserve all old and obsolete property and obsolete and noncurrent public
records presented to it [under the provisions of
NRS 225.067.] by the state librarian from
the division of state, county and municipal archives of the Nevada state
library.
Sec. 19. NRS
412.052 is hereby amended to read as follows:
412.052 The adjutant general shall:
1. Supervise the preparation and
submission of all [such] returns
and reports pertaining to the militia of the state [as
may be] required by the United States.
2. Be the channel of official military
correspondence with the governor, and, [shall,] on or before November 1 of each
even-numbered year, [make a] report
to the governor [of] the
transactions, expenditures and condition of the Nevada National Guard. The
report [shall] must include the report of the United States Property
and Fiscal Officer.
3. Be the custodian of records of
officers and enlisted personnel and all other records and papers required by
law or regulations to be filed in his office. He may deposit with the division
of state, county and municipal archives [in the
office of the secretary of state] of the
Nevada state library for safekeeping [in
the secretary of states official custody] records of his office
that are used for historical purposes rather than the administrative purposes
assigned to his office by law.
4. Attest all military commissions issued
and keep a roll of all commissioned officers, with dates of commission and all
changes occurring in the commissioned forces.
5. Record, authenticate and communicate
to [troops and individuals] units and members of the militia all orders,
instructions and regulations.
6. Cause to be procured, printed and
circulated to those concerned all books, blank forms, laws, regulations or
other publications governing the militia needful to the proper administration,
operation and training [thereof] of it or to carry into effect the provisions of this
chapter.
7. Have an appropriate seal of office and
affix its impression to all certificates of record issued from his office.
8. Render such professional aid and
assistance and perform such military duties, not
otherwise assigned, as may be ordered by the governor.
κ1979
Statutes of Nevada, Page 183 (CHAPTER 119, SB 84)κ
military duties, not otherwise assigned, as may be ordered
by the governor.
9. In time of peace, perform the duties
of quartermaster general and chief of ordinance.
Sec. 20. NRS
225.065 and 225.067 are hereby repealed.
Sec. 21. Section
3 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
CHAPTER 120, SB 266
Senate Bill No.
266Senator Dodge
CHAPTER 120
AN ACT relating to underground water and
wells; providing for a waiver of a permit to appropriate water for exploratory
wells under certain circumstances; and providing other matters properly
relating thereto.
[Approved March 30, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
534.050 is hereby amended to read as follows:
534.050 1. [Every] Except as
provided in subsection 2, every person desiring to sink or bore a well
in any basin or portion therein in the state designated by the state engineer,
as provided for in this chapter shall first make application to and obtain from
the state engineer a permit to appropriate such water, in accordance with the
provisions of chapter 533 of NRS relating to the appropriation of the public
waters, before performing any work in connection with the boring or sinking of [such] the well.
2. Upon written
application and a showing of good cause, the state engineer may issue a written
waiver of the requirements of subsection 1 for exploratory wells to be drilled
to determine the availability of water or the quality of available water.
3. In other
basins or portions therein which have not been designated by the state engineer
no application or permit to appropriate [such]
water is necessary until after the well is sunk or bored and water developed.
Before any legal diversion of water can be made from the well, the appropriator
must make application to and obtain from the state engineer, in accordance with
the provisions of chapter 533 of NRS, a permit to appropriate [such] the water.
[3.] 4. Any person using water after a permit
has been withdrawn, denied, canceled, revoked or forfeited is guilty of a
misdemeanor. Each day of violation of this subsection [shall
constitute] constitutes a separate
offense and [be] is separately punishable.
Sec. 2. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 184κ
CHAPTER 121, SB 216
Senate Bill No.
216Committee on Finance
CHAPTER 121
AN ACT making an appropriation from the
state general fund to the Nevada highway patrol division of the department of
motor vehicles for the law enforcement communications network; and providing
other matters properly relating thereto.
[Approved April 3, 1979]
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 Nevada highway patrol
division of the department of motor vehicles the sum of $116,177 to pay the
expenses of the law enforcement communications network from March 1, 1979, to
June 30, 1979.
Sec. 2. After
June 30, 1979, the unencumbered balance of the appropriation made in section 1
of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 122, SB 223
Senate Bill No.
223Committee on Finance
CHAPTER 122
AN ACT making an appropriation from the
state general fund to the secretary of state to convert certain records to
microfiche, replace missing files and repair and maintain microfiche equipment;
and providing other matters properly relating thereto.
[Approved April 3, 1979]
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 secretary of state
the sum of $36,000 for converting certain hard copy material to microfiche, for
the support of a project to replace missing folders and for repair and
maintenance of microfiche equipment.
Sec. 2. After
June 30, 1980, the unencumbered balance of the appropriation made in section 1
of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This
act shall become effective upon passage and approval.
________
κ1979
Statutes of Nevada, Page 185κ
CHAPTER 123, SB 109
Senate Bill No.
109Committee on Judiciary
CHAPTER 123
AN ACT relating to private corporations;
changing time for filing certain annual reports from July 1 to anniversary
month of incorporation or qualification to do business in this state; providing
for a transition period; removing the requirement for certain publications; and
providing other matters properly relating thereto.
[Approved April 3, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
78.150 is hereby amended to read as follows:
78.150 1. [Each] Beginning
on January 1, 1981, each corporation organized under the laws of this
state shall, on or before [July 1 of]
the last day of the month in which the anniversary date
of incorporation occurs in each year, file with the secretary of state a
list of its officers and directors and a designation of its resident agent in
this state, certified by the president, secretary or other officer of the
corporation.
2. Upon filing the list of officers and
directors and designation of resident agent, the corporation shall pay to the
secretary of state a fee of $20.
3. The secretary of state shall, [30 days prior to July 1 of each year,] 60 days before the last day for filing the list required by
subsection 1, cause to be mailed to each corporation required to comply
with the provisions of NRS 78.150 to 78.190, inclusive, and
which has not become delinquent, the blank forms to be filed with the
secretary of state. Failure of any corporation to receive the forms [will] does not
excuse the corporation from the penalty imposed by law.
Sec. 2. NRS
78.170 is hereby amended to read as follows:
78.170 1. Each corporation
required to make the filings and pay the fee provided in NRS 78.150 to 78.190,
inclusive, which refuses or neglects to do so within the time provided shall be
deemed in default.
2. For default there shall be added to
the amount of the fee a penalty of $5, and unless the filings are made and the
fee and penalty are paid on or before the 1st [Monday
in March following,] day of the 9th month
following the month in which filing was required, the defaulting
corporation shall, by reason of its default, forfeit:
(a) The amount of the tax and penalty to the
State of Nevada; and
(b) Its right to transact any business within
this state.
The fee and penalty shall be collected as provided in this
chapter.
Sec. 3. NRS
78.175 is hereby amended to read as follows:
78.175 1. On or before [October 15 of each year,] the 15th day of the 3rd month following the month in which
filing was required, the secretary of state shall compile a complete
list of all defaulting corporations, together with the amount of the filing
fee, penalties and costs remaining unpaid.
2. Immediately after the 1st [Monday in March] day
of the 9th month following the month in which filing was required, the
secretary of state shall compile a full and complete list containing the names
of all corporations whose right to do business has been forfeited. The
secretary of state shall forthwith notify the several county clerks in whose offices the articles of incorporation which have been forfeited
are on file and shall also by letter addressed to its president or secretary
notify each corporation of the forfeiture of its charter.
κ1979
Statutes of Nevada, Page 186 (CHAPTER 123, SB 109)κ
offices the articles of incorporation which have been
forfeited are on file and shall also by letter addressed to its president or
secretary notify each corporation of the forfeiture of its charter. In case of
a reinstatement, the secretary of state shall also notify immediately the
county clerks of the fact.
3. In case of forfeiture of the charter
and of the right to transact business thereunder, all the property and assets
of the defaulting domestic corporation shall be held in trust by the directors
of the corporation as for insolvent corporations, and the same proceedings may
be had with respect thereto as are applicable to insolvent corporations. Any
person interested may institute proceedings at any time after a forfeiture has
been declared, but if the secretary of state reinstates the charter the
proceedings shall at once be dismissed and all property restored to the
officers of the corporation.
4. Where the assets are distributed they
shall be applied:
(a) To the payment of the filing fee, penalties
and costs due to the state;
(b) To the creditors of the corporation; and
(c) Any balance remaining shall be distributed
among the stockholders.
Sec. 4. NRS
80.110 is hereby amended to read as follows:
80.110 1. [Each] Beginning
on January 1, 1981, each foreign corporation doing business in this
state shall, on or before [July 1 of]
the last day of the month in which the anniversary date
of its qualification to do business in this state occurs in each year,
file with the secretary of state a copy of any amendment to its articles of
incorporation which changes the name of the corporation or increases its
capitalization, a list of its officers and directors and a designation of its
resident agent in this state, certified by the president, secretary or other
officer of the corporation.
2. Upon filing the amendments, list and
designation, the corporation shall pay to the secretary of state a fee of $20.
3. The secretary of state shall, [30 days prior to July 1 of each year,] 60 days before the last day for filing the list required by
subsection 1, cause to be mailed to [all
corporations] each corporation required
to comply with the provisions of NRS 80.110 to 80.180, inclusive, and which [have] has not
become delinquent, the blank forms to be filed with the secretary of state.
Failure of any corporation to receive the forms [will]
does not excuse such corporation from the penalty
imposed by the provisions of NRS 80.110 to 80.180, inclusive.
Sec. 5. NRS
80.150 is hereby amended to read as follows:
80.150 1. Any corporation
required to make the filing and pay the fee provided in NRS 80.110 to 80.180,
inclusive, which refuses or neglects to do so within the time provided, shall
be deemed in default.
2. For default there shall be added to
the amount of the fee a penalty of $5, and unless the filings are made and the
fee and penalty are paid on or before the 1st [Monday
in August following,] day of the 2nd month
following the month in which filing was required, the defaulting
corporation shall, by reason of its default, forfeit:
(a) The amount of the tax and penalty to the
State of Nevada; and
(b) Its right to transact any business within
this state.
κ1979
Statutes of Nevada, Page 187 (CHAPTER 123, SB 109)κ
The fee and penalty shall be collected as provided in this
chapter.
Sec. 6. NRS
80.160 is hereby amended to read as follows:
80.160 1. On or before [October 15 of each year,] the 15th day of the 3rd month following the month in which
filing was required, the secretary of state shall compile a list of all
defaulting corporations, together with the amount of the filing fee, penalties
and costs remaining unpaid.
2. [The
secretary of state shall cause such list to be published five times in the week
prior to the 1st Monday in November following, in a newspaper published in
Carson City, Nevada, and shall append to such list, and publish therewith, a
notice to the effect:
(a) That unless the
filing fee owing by such corporation, together with the penalties and all
costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday
in March following, such defaulting corporation shall forfeit the amount of the
tax and penalty and costs to the State of Nevada, and shall also forfeit its
right to carry on business within the state; and
(b) That if the right of
any corporation to carry on business in this state is annulled pursuant to the
provisions of this section and remains annulled for a period of 10 consecutive
years, it may not be reinstated.
3.] Immediately
after the 1st [Monday in March] day of the 9th month following the month in which filing was
required, the secretary of state shall compile a full and complete list
containing the names of all corporations whose right to do business has been
annulled. The secretary of state shall forthwith notify the several county
clerks in whose offices the defaulting corporations have copies of their
articles of incorporation and other amendatory, supplemental and related
instruments, filed or microfilmed as required by this chapter, of the annulment
of the corporations rights to do business and shall also by letter addressed
to its president or secretary notify each corporation of the forfeiture of its
right to do business in this state. In case of a reinstatement, [as provided in NRS 80.170,] the
secretary of state shall also notify immediately the county clerks of [such] the fact.
[4.] 3. In case a foreign corporation makes
default as herein provided, the secretary of state shall issue his warrant
stating the amount of the filing fee, penalty and costs due to the state, and
shall deliver the warrant to any sheriff of any county of this state who may
seize and sell any property of a foreign corporation as upon execution and
apply the proceeds to the payment of the filing fee, penalty, costs and
accruing costs. Any balance remaining after [such]
the sale shall by the sheriff be paid to the
secretary of state, who shall return the same to the corporation whose property
was sold. No more than sufficient property to pay the filing fee, penalty and
costs shall be seized and sold.
Sec. 7. NRS
89.090 is hereby amended to read as follows:
89.090 [A]
Beginning on January 1, 1981, each professional
corporation shall, on or before [July 1 of]
the last day of the month in which the anniversary date
of its incorporation occurs in each year, furnish a statement to the
secretary of state showing the names and residence addresses of all
stockholders, directors, officers and employees in such corporation and shall
certify that all stockholders, directors, officers and employees are duly
licensed or otherwise legally authorized to render
professional service in this state.
κ1979
Statutes of Nevada, Page 188 (CHAPTER 123, SB 109)κ
to render professional service in this state. The statement
shall be made on a form prescribed by the secretary of state, but shall contain
no fiscal or other information except that expressly called for by this
section. The statement shall be signed by the president or vice president of
the corporation and acknowledged before a notary public by the person signing
the statement, and such statement shall be in lieu of the regular annual report
of corporations otherwise required by chapter 78 of NRS.
Sec. 8. Corporations
which are required under NRS 78.150 or 80.110 to file lists of officers and
directors and designations of resident agents with the secretary of state shall
do so on or before July 1, 1980, and pay to the secretary of state the appropriate
fee as follows:
Month in Which Anniversary
Date of
Incorporation Fee
Payable on or Before
Occurs: July
1, 1980:
January $11.70
February 13.40
March 15.00
April 16.70
May 18.40
June 20.00
July 21.70
August 23.40
September 25.00
October 26.70
November 28.40
December 30.00
Filings made under the provisions of this section
expire in 1981 on the last day of the month in which the anniversary date of
incorporation or qualification to do business in this state occurs.
Sec. 9. Corporations
required to file annual statements under NRS 89.090 shall do so on or before
July 1, 1980, and those filings expire in 1981 on the last day of the month in
which the anniversary date of incorporation occurs.
Sec. 10. This
act shall become effective on June 1, 1980.
________
CHAPTER 124, AB 23
Assembly Bill No.
23Assemblyman Banner
CHAPTER 124
AN ACT relating to trade practices; providing
additional remedies to the recipient of unsolicited goods; and providing other
matters properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
598.090 is hereby amended to read as follows:
598.090 1. Any person who
receives unsolicited goods, wares or merchandise offered for sale, but not
actually ordered or requested by him orally or in
writing, [shall be] is entitled to consider [such] those goods, wares or merchandise
an unconditional gift, and he may use or dispose of them as he sees fit without
obligation on his part to the sender.
κ1979
Statutes of Nevada, Page 189 (CHAPTER 124, AB 23)κ
him orally or in writing, [shall
be] is entitled to consider [such] those goods,
wares or merchandise an unconditional gift, and he may use or dispose of them
as he sees fit without obligation on his part to the sender.
2. The sender of
unsolicited goods, wares or merchandise must pay actual and reasonable expenses
incurred by the recipient:
(a) In returning the
goods, wares or merchandise to the sender; or
(b) In resisting attempts
by the sender to collect payment for the goods, wares or merchandise.
3. The sender of
unsolicited goods, wares or merchandise is liable to the recipient for any
impairment of the credit of the recipient caused by attempts by the sender to
collect payment for the goods, wares or merchandise.
4. The
provisions of [subsection 1] subsections 1, 2 and 3 do not apply to the following:
(a) Where the delivery of goods, wares or
merchandise is by mistake in response to an order to the sender for other
goods, wares or merchandise.
(b) Where delivery is made by mistake to someone
other than a person who ordered goods, wares or merchandise from the sender.
(c) Where the sender has sent a substitute or
substitutes in response to an order for certain goods, wares or merchandise.
(d) Where someone has ordered a gift for another
from the sender, and the goods, wares or merchandise were sent directly to the
recipient of the gift.
(e) Where delivery of goods, wares or
merchandise is made by mistake to a member of a subscription-type plan (such as
a book club or record club) operated by the sender.
________
CHAPTER 125, AB 50
Assembly Bill No.
50Assemblymen Getto, Dini, Horn, Price and Hickey
CHAPTER 125
AN ACT relating to nursing; increasing the maximum and
minimum license fees for nurses; and providing other matters properly relating
thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
632.345 is hereby amended to read as follows:
632.345 1. The board shall
establish and may amend a schedule of fees and charges for the following items
and within the following ranges:
Not less than Not more than
Application for
license to practice professional nursing (registered nurse)................................... [$30.00] $45................................................................... [$45.00] $65
Application for
license as a practical nurse. [20.00]
30................................................................... [30.00] 50
Application for
temporary
κ1979
Statutes of Nevada, Page 190 (CHAPTER 125, AB 50)κ
Not less than Not more than
.. license
to practice professional nursing (registered nurse) which fee [shall] must be
credited toward the fee required for a regular license, if the applicant
applies for a license [as provided in such
section] ................................................................... [$8.00] $15................................................................... [$15.00] $30
Application for
temporary license as a practical nurse, which fee [shall]
must be credited toward the fee required for a
regular license, if the applicant applies for a license [as
provided in such section]............... [5.00]
10................................................................... [10.00] 20
Application for recognition as a nurse practitioner ................................................................... 30 60
Biennial license
renewal fee............................ [5.00]
15................................................................... [15.00] 30
Reinstatement fee............................................. [5.00] 10................................................................... [5.00] 20
Examination fee
for registered nurses license ................................................................... [10.00] 20 [15.00] 30
Examination fee
for practical nurses license ................................................................... [7.50] 10 [10.00] 20
Rewriting
examination for registered nurses license ................................................................... [10.00] 20 [15.00] 30
Rewriting
examination for practical nurses license ................................................................... [7.50] 10 [10.00] 20
Duplicate license.............................................. [5.00] 5................................................................... [5.00] 10
Proctoring
examination for candidate from another state ................................................................... [10.00] 25 [15.00] 50
2. The board may collect the fees and
charges established pursuant to this section, and such fees or charges [shall] may not
be refunded.
________
κ1979
Statutes of Nevada, Page 191κ
CHAPTER 126, AB 65
Assembly Bill No.
65Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey
CHAPTER 126
AN ACT relating to transportation;
empowering the public service commission of Nevada to compel the production of
records of carriers which are not maintained in this state; and providing other
matters properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
706.171 is hereby amended to read as follows:
706.171 The commission may:
1. Make necessary and reasonable [rules and] regulations governing the
administration and enforcement of the provisions of this chapter for which it
is responsible.
2. Adopt by reference any appropriate
rule or regulation, as it
exists at the time of adoption, issued by the United States Department
of Transportation, the Interstate Commerce Commission, any other agency of the
Federal Government, or the National Association of Regulatory and Utility
Commissioners.
3. Require such reports and the
maintenance of such records as it determines necessary for the administration
and enforcement of this chapter.
4. Examine, at any time during the
business hours of the day, the books, papers and records of any common,
contract or private motor carrier doing business in this state. [The fact that] The
commission may examine in other states or require by subpena the production
inside this state of such books, papers and records as are not maintained in this state. [shall not cause the
commission to lose any right of examination under this chapter when and where
such books, papers and records become available.]
5. Temporarily waive any certificate or
permit requirement when an emergency exists as defined in NRS 706.561.
Sec. 2. NRS
706.761 is hereby amended to read as follows:
706.761 1. Any agent or
person in charge of the books, accounts, records, minutes or papers of any private, common or contract motor carrier or broker who
refuses or fails for a period of 30 days to furnish the commission or
department with any report required by either or who fails or refuses to permit
any person authorized by the commission or department to inspect such books,
accounts, records, minutes or papers on behalf of the commission or department [shall be] is liable
to a penalty in a sum of not less than $300 nor more than $500. The penalty [shall] may be
recovered in a civil action upon the complaint of the commission or department
in any court of competent jurisdiction.
2. Each days refusal or failure [shall be deemed] is
a separate offense, and [shall be]
is subject to the penalty prescribed in this
section.
________
κ1979
Statutes of Nevada, Page 192κ
CHAPTER 127, AB 77
Assembly Bill No.
77Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey
CHAPTER 127
AN ACT relating to transportation;
clarifying the requirements for a permit to operate as a contract motor
carrier; and providing other matters properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
706.431 is hereby amended to read as follows:
706.431 1. A permit may be
issued to any [qualified] applicant
therefor, authorizing in whole or in part the operation covered by the application,
if it appears from the application or from any hearing held thereon that:
(a) The applicant is fit, willing and able
properly to perform the service of a contract motor carrier and to conform to
all provisions of NRS 706.011 to 706.791, inclusive, and the lawful
requirements and regulations thereunder; and
(b) The proposed operation will be consistent
with the public interests and will not operate to defeat the legislative policy
set forth in NRS 706.151.
2. An application shall be denied if the
provisions of subsection 1 are not met.
________
CHAPTER 128, AB 123
Assembly Bill No.
123Committee on Education
CHAPTER 128
AN ACT relating to public education;
assigning to the superintendent of public instruction the responsibility for
establishing programs and curricula to meet the special educational needs of
American Indians and for coordinating efforts and developing materials and
programs for environmental education; deleting statutory references to special
consultants on Indian education and environmental education; and providing
other matters properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
389 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.
Sec. 2. The superintendent of public instruction, working with the
American Indian tribes, shall establish programs and curricula designed to meet
the special educational needs of American Indians in this state.
Sec. 3. The superintendent of public instruction shall:
1. Coordinate the
efforts of the various disciplines within the educational system that are
concerned with environmental education.
2. Develop or
adopt and distribute instructional materials for use in environmental
education.
3. Develop or
adopt programs of in-service teacher training in environmental education.
κ1979
Statutes of Nevada, Page 193 (CHAPTER 128, AB 123)κ
4. Coordinate the
efforts of private organizations, local school districts and governmental
agencies that are concerned with environmental education.
Sec. 4. NRS
385.465 and 388.595 are hereby repealed.
________
CHAPTER 129, AB 261
Assembly Bill No.
261Assemblymen Hayes, Sena, Wagner, Getto, Horn and Coulter
CHAPTER 129
AN ACT relating to licenses for insurance; removing
distinctions based on sex from application forms; and providing other matters
properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
683A.150 is hereby amended to read as follows:
683A.150 1. Written
application for an agents, brokers or solicitors license shall be filed with
the commissioner by the applicant, accompanied by the applicable fee shown in
NRS 680B.010 (fee schedule). The application form shall be accompanied by the
applicants fingerprints, and shall require full answers to questions
reasonably necessary to determine the applicants:
(a) Identity and residence;
(b) Business record or occupations for not less
than the 2 years next preceding, with the name and address of each employer, if
any;
(c) Experience or instruction in the kind or
kinds of insurance business he proposes to transact, and relative to the
insurance laws of this state; and
(d) Other facts reasonably required by the
commissioner to determine the applicants qualifications for the license
applied for.
2. If for an agents license, the
application shall state the kinds of insurance proposed to be transacted, and
be accompanied by a written appointment by an authorized insurer or insurers as
agent for such kinds of insurance, subject to issuance of the license.
3. If for a solicitors license, the
application shall be accompanied by the written requisition and certification
by a licensed resident general lines agent or licensed resident broker, showing
that the applicant is his bona fide employee, or is so employed as a solicitor
subject to issuance of the license.
4. If the applicant for an agents or brokers
license is a firm or corporation, the application shall also show the names of
all members, officers and directors, and shall designate each [individual] natural
person who is to exercise the license powers. [; and each such individual] Each person who is to exercise the license power shall
furnish information as to himself as though he were
applying personally for [an individual]
a license.
κ1979
Statutes of Nevada, Page 194 (CHAPTER 129, AB 261)κ
5. The application shall show whether and
where the applicant is now or ever was previously licensed [anywhere] as to insurance [;] and whether
any such license was ever refused, suspended, revoked or renewal or continuance
refused. [;]
Also, the application shall indicate whether any
insurer, general agent, agent or broker claims the applicant has ever had an
agency contract canceled, and the facts thereof [;]
and, if the applicant is [a married woman,]
married, like information with respect to [her husband.] the
applicants spouse.
6. The
application shall be verified by the applicant, and [no]
an applicant for a license under this chapter
shall not knowingly misrepresent or withhold any
fact or information called for in the application form or [in connection therewith.] relevant thereto.
________
CHAPTER 130, AB 309
Assembly Bill No.
309Committee on Government Affairs
CHAPTER 130
AN ACT relating to state parks and
monuments; permitting an advance from the state general fund for capital
construction financed in part by the Federal Government; and providing other
matters properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. Chapter
407 of NRS is hereby amended by adding thereto a new section which shall read
as follows:
Whenever properly approved
claims payable out of the state park grant and gift fund or any other fund or
account used by the division for a project of capital construction exceed the
amount which is available in such fund or account, and the project is financed
in part by money to be made available to the division by the United States or
any of its agencies or instrumentalities, the state controller may transfer
temporarily from the state general fund to such fund or account an amount
required to pay those claims but not more than the amount collectible from the
United States for the particular project.
________
κ1979
Statutes of Nevada, Page 195κ
CHAPTER 131, AB 350
Assembly Bill No.
350Committee on Government Affairs
CHAPTER 131
AN ACT relating to the regulation of
public utilities; removing obsolete references to general improvement
districts; and providing other matters properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
704.0391 is hereby amended to read as follows:
704.0391 1. The commission
shall collect from any person, partnership, corporation, company, association,
lessee, trustee or receiver (appointed by any court whatsoever) a fee for the filing
of any official document as provided for in chapters [318,]
704, 705, 706, 707 and 708 of NRS, or which may be required by any [rule or] regulation of the commission. [Such fees shall] The
fees may not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief,
$200.
(c) For each tariff page which requires public
notice and is not attached to an application, $10, but if more than one page is
filed at one time, the total fee [shall]
may not exceed the cost of notice and
publication.
(d) For all other miscellaneous papers or
documents not otherwise provided for which require public notice, $10.
2. If any application, paper or document
is rejected by the commission for the reason that it is incomplete or inappropriate,
the filing fee [shall] may be returned. The commission [shall]
may not charge a fee for the filing of
complaints.
Sec. 2. NRS
704.180 is hereby amended to read as follows:
704.180 1. Every public
utility shall:
(a) Keep and render to the commission, in the
manner [, form and detail] prescribed
by the commission, uniform and detailed accounts of all business transacted;
and
(b) Furnish the commission with an annual report
in [such] the
form and detail [as shall be]
prescribed by the commission.
2. [Except
as provided by subsection 3, the] The accounts
of every public utility [shall] must be closed [annually]
on January 1 [,] of each year, and the reports [herein
required shall] required by this section
must be filed not later than April 15 [following.]
of that year.
3. [The accounts and annual reports required by the
provisions of subsections 1 and 2, may be kept and filed on a fiscal year basis
by general improvement districts organized pursuant to the provisions of
chapter 318 of NRS. The reports shall be filed by December 31 of each year in
the form required by the Local Government Budget Act.
4.] The
commission may at any time call for [desired]
information omitted from [such] the reports or not provided for [therein,]
in them, when in the judgment of the commission [such] the information
is necessary.
[5.] 4. Any commissioner or any commission
personnel authorized by the commission may examine, at
any time during the business hours of the day, the books, accounts, records,
minutes, papers and property of any public utility doing business in this
state.
κ1979
Statutes of Nevada, Page 196 (CHAPTER 131, AB 350)κ
by the commission may examine, at any time during the
business hours of the day, the books, accounts, records, minutes, papers and
property of any public utility doing business in this state.
[6.] 5. The fact that [such]
the books, accounts, records, minutes and papers
are not maintained in this state [shall]
does not cause the commissioner or [such] authorized commission personnel to
lose any right of examination under this chapter when and where [such] the books,
accounts, records, minutes, papers and property are maintained.
Sec. 3. NRS
704.205 is hereby amended to read as follows:
704.205 1. Any mortgage of
real property or of both real property and goods, including fixtures, or a
security interest in fixtures alone, made by a corporation which is a railroad
or a public utility, as defined in NRS 704.020, [or
a general improvement district, as defined in NRS 318.020, shall] must be recorded in the office of the county recorder
of the county or counties in which the property is located, and when so
recorded [shall be] becomes a lien on the real property and fixtures
described in the mortgage or security agreement from the time of recording and
on fixtures thereafter acquired subject to the mortgage or security agreement from
the time of acquisition. If the mortgage or security agreement includes goods,
a copy of the mortgage or security agreement or a financing statement
describing the goods by item or type [shall]
must be filed with the secretary of state and [shall be] is effective
from the time provided in the Uniform Commercial Code of this state, but the
security interest in the goods and in goods thereafter acquired subject to the
mortgage or security agreement [shall be]
is effective without refiling as long as the
mortgage or security agreement remains in effect, and this lien [shall be] is enforceable
in accordance with the laws of this state governing mortgages of real estate.
2. A security interest in goods alone
created by a [general improvement district or a]
corporation which is a railroad or a public utility [shall
be] is perfected by filing a
financing statement in the office of the secretary of state and [shall] is in
all respects except as to place of filing [be]
governed by the Uniform Commercial Code of this state. Compliance with this
section is sufficient for exemption from the requirement of filing of a
financing statement under the provisions of NRS 104.9302.
3. The secretary of state shall maintain
a separate file for mortgages, security agreements and financing statements on
which the debtor is a [general improvement
district or a] corporation which is a railroad or a public
utility, and the uniform fee for filing, indexing and furnishing filing data
for [such] the
financing statements [shall be]
is $2.
4. Nothing in this section or in the
Uniform Commercial Code of this state [shall
impair] impairs the validity or
effectiveness against third parties of any mortgage of real property, or of
both real property and goods, including fixtures, or a security interest in
fixtures alone, heretofore made by a [general
improvement district or a] corporation which is a railroad or
public utility, if [such] the mortgage or security interest was recorded or filed
or perfected in accordance with the law of this state [prior
to] before March 1, 1967, and [such law shall] that
law must govern the continued effectiveness and
enforcement of [such] the mortgages and security interests with respect to all
property covered thereby whether acquired by [such] the corporation before or
after [such] that date.
κ1979
Statutes of Nevada, Page 197 (CHAPTER 131, AB 350)κ
govern the continued effectiveness and enforcement of [such] the mortgages
and security interests with respect to all property covered thereby whether
acquired by [such] the corporation before or after [such]
that date.
________
CHAPTER 132, AB 482
Assembly Bill No.
482Assemblyman Barengo
CHAPTER 132
AN ACT relating to state publications;
revising the schedule for the changing of mailing lists of certain state
publications; and providing other matters properly relating thereto.
[Approved April 4, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
345.060 is hereby amended to read as follows:
345.060 1. As used in this
section, unless the context otherwise requires:
(a) State agency includes the legislature,
constitutional officers or any department, division, bureau, board, commission
or agency of the State of Nevada.
(b) State publication has the meaning ascribed
in subsection 3 of NRS 378.160.
2. Except as provided in subsection 3,
every state agency which periodically distributes any state publication shall
at least after every 12 issues or annually if published more frequently than once a month notify
the person receiving the publication that his name will be deleted from the
mailing list unless he notifies the state agency within 30 days that he wants
to remain on the mailing list.
3. This section does not apply if the
person subscribes to and pays a fee for the state publication.
________
CHAPTER 133, AB 219
Assembly Bill No.
219Committee on Ways and Means
CHAPTER 133
AN ACT making a supplemental appropriation for the
support of the governors mansion; and providing other matters properly
relating thereto.
[Approved April 4, 1979]
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 for the support of the governors
mansion the sum of $58,406 to be used for the replacement
of carpets, drapery and appliances, the installation and operation of a
security system, and other needed refurbishment.
κ1979
Statutes of Nevada, Page 198 (CHAPTER 133, AB 219)κ
for the replacement of carpets, drapery and appliances, the
installation and operation of a security system, and other needed
refurbishment. This is an additional and supplemental appropriation to that made
by section 2 of chapter 574, Statutes of Nevada 1977. Any unencumbered balance
of this appropriation reverts to the state general fund on June 30, 1981.
Sec. 2. Any
remaining balance of the appropriation made by section 11 of chapter 182,
Statutes of Nevada, 1973, reverts to the state general fund on June 30, 1981.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 134, AB 158
Assembly Bill No.
158Committee on Judiciary
CHAPTER 134
AN ACT relating to admissibility of
evidence; eliminating the requirement for corroborative evidence to support
evidence of transactions or conversations with or actions of a deceased person.
[Approved April 5, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS 48.064 is
hereby repealed.
________
CHAPTER 135, AB 250
Assembly Bill No.
250Committee on Taxation
CHAPTER 135
AN ACT relating to the property tax;
redefining the property taxes for which senior citizens are entitled to
property tax assistance in certain circumstances; and providing other matters
properly relating thereto.
[Approved April 5, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
361.825 is hereby amended to read as follows:
361.825 Property taxes accrued means
property taxes (exclusive of special assessments, delinquent taxes and
interest) levied on a claimants home in this state which are due and payable
during July, immediately succeeding the date of filing of a claim. If a home is
owned by two or more persons or entities as joint tenants or tenants in common
and one or more persons or entities are not members of the claimants
household, property taxes accrued is that part of the property taxes levied on
the home which reflects the [ownership]
percentage of the residential space occupied by the claimant
and his household.
κ1979
Statutes of Nevada, Page 199 (CHAPTER 135, AB 250)κ
Sec. 2. During
1979 only, claims for allowances or refunds under the Senior Citizens Property
Tax Assistance Act may be filed until and including May 31, 1979.
Sec. 3. This
act shall become effective upon passage and approval.
________
CHAPTER 136, AB 301
Assembly Bill No.
301Committee on Ways and Means
CHAPTER 136
AN ACT making an appropriation from the
state general fund to the division of water resources of the state department
of conservation and natural resources to pay for certain costs of litigation
and for consulting independent experts; and providing other matters properly
relating thereto.
[Approved April 5, 1979]
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 division of water
resources of the state department of conservation and natural resources the sum
of $300,000 to pay for certain costs of litigation involving the Truckee River
stream system and Salmon Falls and for consulting independent experts.
Sec. 2. This
act shall become effective upon passage and approval.
________
CHAPTER 137, AB 354
Assembly Bill No.
354Committee on Government Affairs
CHAPTER 137
AN ACT relating to the public service
commission of Nevada; redefining the duties of the attorney general and the
district attorneys with respect to the legal services they provide to the
commission; and providing other matters properly relating thereto.
[Approved April 5, 1979]
The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:
Section 1. NRS
703.210 is hereby amended to read as follows:
703.210 1. The attorney
general shall:
(a) [Be]
Except as provided in subsection 2, be counsel
and attorney for the commission in all actions, proceedings and hearings.
(b) Prosecute in the name of the State of Nevada
all civil actions for the enforcement of [chapter 704] chapters
704, 704A, 705, 706, 708, 711 and 712 of NRS and for the recovery of any
penalty or forfeiture provided for therein.
(c) [Prosecute]
If the district attorney fails or refuses to do so,
prosecute all violations of the laws of this state by public utilities [,] and motor carriers under the jurisdiction of the commission and
their officers, agents and employees.
κ1979
Statutes of Nevada, Page 200 (CHAPTER 137, AB 354)κ
motor carriers under the jurisdiction
of the commission and their officers, agents and employees.
(d) Generally aid the commission in the
performance of its duties and the enforcement of [chapter
704] chapters 704, 704A, 705, 706, 708,
711 and 712 of NRS.
2. [The
district attorney of the proper county, in the aid of any investigation,
prosecution, hearing or trial had under the provisions of chapter 704 of NRS,
shall, upon the request of the attorney general or the commission, act as
counsel for the commission.] Each district
attorney shall:
(a) Prosecute any
violation of chapters 704, 704A, 705, 706, 708, 711 or 712 of NRS for which a
criminal penalty is provided and which occurs in his county.
(b) Aid in any
investigation, prosecution, hearing or trial held under the provisions of
chapters 704, 704A, 705, 706, 708, 711 or 712 of NRS and, at the request of the
attorney general or the commission, act as counsel and attorney for the
commission.
Sec. 2. NRS 705.360 is
hereby amended to read as follows:
705.360 1. Every company,
corporation lessee, manager or receiver, owning or operating a railroad in this
state, [is required to] shall equip, maintain, use and display at night upon
each locomotive being operated in road service in this state an electric or
other headlight of at least 1,500-candlepower, measured without the aid of a
reflector. Any electric headlight which will pick up and distinguish [an object the size of] a man dressed in
dark clothes upon a dark, clear night at a distance of 1,000 feet [shall be] is deemed
the equivalent of a 1,500-candlepower headlight measured without the aid of a
reflector.
2. This section [shall]
does not apply to:
(a) Locomotive engines regularly used in
switching cars or trains.
(b) Railroads not maintaining regular night
train schedules.
(c) Locomotives going to or returning from
repair shops when ordered in for repairs.
3. Any railroad company, or the receiver
or lessee thereof, [doing business in the State
of Nevada, which shall violate] which
violates the provisions of this section [shall
be] is liable to the State of
Nevada for a penalty of not more than $1,000 for each offense. [Suit shall be brought to recover the penalty in a
court of competent jurisdiction, in the name of the State of Nevada, by the
attorney general or by the district attorney of any county in or through which
the railroad is operated.]
Sec. 3. NRS
705.370 is hereby amended to read as follows:
705.370 1. [Every] Each railroad
company or corporation or [the receiver or
receivers thereof] its receiver, owning
or operating any railroad [wholly or partly]
within this state, shall equip [with]
and maintain in each [, every and all their]
of its passenger trains, cabooses, locomotives, [and] motors
or diesel engines used in the propelling of trains or switching of cars [emergency first aid kits as provided in this section.
2. All such
railroad companies, corporations, or the receiver or receivers thereof, shall
equip and maintain each of their passenger trains,
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