[Rev. 2/28/2019 12:33:06 PM]
κ1979 Statutes of Nevada, Page 801 (CHAPTER 439, SB 336)κ
local governments or agencies, as defined in NRS 354.474, by any provisions of Nevada Revised Statutes or by any special law.
(g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.
(h) Commercial paper as it is set forth in the Uniform Commercial Code — Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 270 days maturity and must be of prime quality as defined by a nationally recognized organization which rates those securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia. Purchases of commercial paper may not exceed 10 percent of the money available to a local government for investment.
(i) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 10 percent of the money available to a local government for investment.
2. The securities described in paragraphs (a) to (c), inclusive, of subsection 1 may be purchased when, in the opinion of the board of county commissioners or the governing body of the city, there is sufficient money in any fund of the county or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
3. When the board of county commissioners or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
4. Any interest earned on money invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
5. The board of county commissioners or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 2 of this section and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year from the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county or incorporated city.
6. Any money held by a local government pursuant to a deferred compensation plan may be invested in the types of investments set forth in paragraphs (a) to (f), inclusive, of subsection 1 and may additionally be invested in corporate stocks, bonds and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust or other security interests in real or personal property.
κ1979 Statutes of Nevada, Page 802 (CHAPTER 439, SB 336)κ
in paragraphs (a) to (f), inclusive, of subsection 1 and may additionally be invested in corporate stocks, bonds and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust or other security interests in real or personal property.
7. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
Sec. 19. NRS 287.280 and 287.290 are hereby repealed.
Sec. 20. Section 18 of this act shall become effective at 12:01 a.m. on July 1, 1979.
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Senate Bill No. 463Committee on Commerce and Labor
CHAPTER 440
AN ACT relating to public utility regulation; establishing procedures for placing certain types of public utilities and general improvement districts into receivership under certain circumstances; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.515 is hereby amended to read as follows:
318.515 1. Upon notification by the department of taxation or upon receipt of a petition signed by 20 percent of the qualified electors of the district, that:
(a) A district of which the board of county commissioners is not the board of trustees is not being properly managed;
(b) The board of trustees of the district is not complying with the provisions of this chapter or with any other law; or
(c) The service plan established for the district is not being complied with,
the board of county commissioners of the county in which the district is located shall hold a hearing to consider the notification or petition.
2. The county clerk shall mail written notice to all persons who own property within the district and to all qualified electors of the district, which notice shall set forth the substance of the notification or petition and the time and place of the hearing.
3. At the place, date and hour specified for the hearing, or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all persons desiring to be heard and shall thereafter:
(a) Adopt an ordinance constituting the board of county commissioners, ex officio, as the board of trustees of [such] the district;
(b) Adopt an ordinance providing for the merger, consolidation or dissolution of the district pursuant to NRS 318.490 to 318.510, inclusive; [or]
(c) File a petition in the district court for the county in which the district is located for the appointment of a receiver for the district; or
κ1979 Statutes of Nevada, Page 803 (CHAPTER 440, SB 463)κ
(d) Determine by resolution that management and organization of the district [shall] will remain unchanged.
4. The department of taxation or any interested person may, within 30 days immediately following the effective date of the ordinance adopted under paragraph (a) or resolution adopted under paragraph [(c)] (d) of subsection 3, commence an action in any court of competent jurisdiction to set aside the ordinance or [determination. Thereafter,] resolution. After the expiration of 30 days, all actions attacking the regularity, validity and correctness of that ordinance or resolution are barred.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If the commission determines after notice and hearing that a public utility which furnishes water or sewer services, or both:
(a) Is unable to provide reasonably continuous and adequate service; or
(b) Otherwise qualifies for appointment of a receiver pursuant to NRS 32.010,
the commission may file a petition for the appointment of a receiver for the public utility in the district court for the county in which the principal office of the utility is located within this state, or in the district court for Carson City if the principal office of the utility is located outside this state, to insure the public interest in receiving service from the public utility in the manner required by law.
2. The district court in which the petition is filed pursuant to subsection 1 shall immediately appoint a receiver qualified to manage the type of public utility for which the petition was filed if it finds the determination of the commission to be correct.
3. Any person so appointed receiver is, from the time of his appointment until his termination pursuant to law, subject to all duties and has all powers generally conferred upon a receiver by law.
Sec. 3. NRS 704.681 is hereby amended to read as follows:
704.681 1. The board of county commissioners of any county may regulate by ordinance any person furnishing a water supply or sewer [service,] services, or water and sewer services, for compensation to persons within that county except those persons regulated by the commission, the [service] services furnished to its residents by a political subdivision, and services furnished to its members by a nonprofit association in which the rights and interests of all its members are equal.
2. Any person who is a customer of an entity subject to regulation by the board of county commissioners as provided in subsection 1 may request the board to review that entity, the service it is providing and the manner in which it is providing the service to determine whether a receiver should be appointed for that entity. If the board determines it to be appropriate, it shall file a petition for the appointment of a receiver for the entity in the same manner and with the same duties and powers as a receiver appointed upon petition of the commission for a public utility as provided in section 2 of this act.
Sec. 4. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1979.
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κ1979 Statutes of Nevada, Page 804κ
Senate Bill No. 500Committee on Judiciary
CHAPTER 441
AN ACT relating to gaming establishments; providing for the appointment of a supervisor following the lapse, revocation or suspension of a gaming license and for management of the establishment by the supervisor; providing for sale of the establishment by the owners or supervisor; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 41 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Commission means the Nevada gaming commission.
Sec. 4. Person means any natural person, association, firm, partnership, limited partnership, corporation, trust or other form of business organization.
Sec. 5. Supervisor means the person appointed by a district court as a fiduciary to manage and control a gaming establishment pursuant to this chapter.
Sec. 6. The legislature hereby finds, and declares it to be the policy of this state, that:
1. The stability and continuity of gaming establishments in this state are essential to the states economy and to the general welfare of its residents.
2. Any closure of a gaming establishment because of a lapse, revocation or suspension of its license may cause unnecessary financial hardship to its employees, creditors and investors and may have an adverse economic effect on the residents of the community in which it is located and on the state generally.
3. Public confidence and trust in the ability of the state to control gaming operations must not be sacrificed by any relaxation of strict controls in particular circumstances merely to permit gaming operations to continue.
4. Placing the management and control of a gaming establishment whose license is lapsed, suspended or revoked under a competent supervisory official will ensure the proper regulation of the establishment while maintaining its value for its investors, protecting the interests of other persons, avoiding any disruption of the economy of the community in which it is located, and promoting the general welfare of the state.
Sec. 7. This chapter applies only to gaming establishments:
1. Having 16 or more slot machines; or
2. Having any number of slot machines together with any other game or gaming device.
Sec. 8. 1. The commission shall adopt regulations pertaining to the administration of gaming establishments by a supervisor and any other matters relating to supervisors which are not inconsistent with this chapter.
κ1979 Statutes of Nevada, Page 805 (CHAPTER 441, SB 500)κ
matters relating to supervisors which are not inconsistent with this chapter.
2. The regulations must be adopted, amended and repealed in conformance with the requirements of chapter 463 of NRS.
Sec. 9. 1. Except as provided in subsection 5, if the license of any person whose license is essential to the operation of a gaming establishment:
(a) Is revoked by the commission or by a court of this state;
(b) Is suspended by the commission; or
(c) Has not been renewed by the commission for a failure to comply with a condition which was previously placed on the license,
the commission may ex parte the petition the district court for the county in which the gaming establishment is located for appointment by the court of a supervisor to manage the establishment.
2. The petition must contain the names of two or more persons who the commission believes are suitable and qualified to manage a gaming establishment and are available for appointment as a supervisor.
3. Upon receipt of such a petition, the court shall appoint as supervisor of the gaming establishment a person who is listed in the petition. The court shall immediately notify the commission of the appointment. Upon receipt of notice from the court, the commission shall immediately notify all interested licensees.
4. The petition may be presented pursuant to this section even if time has not expired for a petition for judicial review of the final determination of the commission to revoke or suspend the gaming license.
5. The commission shall not petition any court for the appointment of a supervisor pursuant to this section if:
(a) The gaming establishment has never been in operation and opened to the public.
(b) A rehearing has been granted by the commission to the licensee on the revocation or suspension of his license and the rehearing has not been concluded.
Sec. 10. (Deleted by amendment.)
Sec. 11. No district court of this state may issue any order:
1. To stay the appointment of a supervisor appointed pursuant to this chapter, whether or not a petition has been filed for judicial review of the commissions determination to revoke or suspend the license required for operation of the gaming establishment.
2. To enjoin a supervisor from exercising his duties and powers pursuant to this chapter.
Sec. 12. 1. A supervisor is subject to the provisions of chapter 463 of NRS and any regulations adopted pursuant thereto as if he were personally licensed to operate the gaming establishment.
2. The court which appointed the supervisor has jurisdiction over all powers and duties of the supervisor in any proceeding relating to the exercise of those powers and duties, and may issue any order or decree in the proceeding which it deems necessary.
Sec. 13. A supervisor shall be deemed to be a licensee of the gaming establishment under any license issued to operate the gaming establishment by a county, city or town, and may perform all acts that he is required or permitted to perform without approval or other action of the county, city or town.
κ1979 Statutes of Nevada, Page 806 (CHAPTER 441, SB 500)κ
required or permitted to perform without approval or other action of the county, city or town.
Sec. 14. 1. Upon the appointment of a supervisor, the right, title and interest of all persons in the gaming establishment is extinguished and automatically vests in the supervisor, subject to any liens, claims and encumbrances thereon.
2. The supervisor shall protect the money and property so acquired by managing it on a prudent businesslike basis.
Sec. 15. Except as provided in sections 24 to 26, inclusive, of this act, any sale, assignment, transfer, pledge or other disposition of any securities issued by a former or suspended licensee while a supervisor is appointed does not divest or otherwise affect the powers of the supervisor.
Sec. 16. The supervisor shall:
1. Take immediately into his possession all property of the gaming establishment, including its money, accounts, books, records and evidences of debts owed to the establishment.
2. Continue the business of the gaming establishment.
Sec. 17. The supervisor may:
1. Hire, discipline and dismiss employees of the gaming establishment, and fix the compensation of its employees.
2. Engage independent legal counsel and accountants.
3. Settle or compromise with any debtor or creditor of the gaming establishment.
4. Prosecute actions on behalf of or defend actions against the gaming establishment.
5. Enter into any contract or borrow money on behalf of the gaming establishment and pledge, mortgage or otherwise encumber its property as security for the repayment of any loan, except that the power to borrow money or encumber property is limited by any provision of an existing document of credit.
6. Grant or renew leases of the property of the gaming establishment.
7. Perform any other lawful acts on behalf of the gaming establishment which an owner is entitled to perform. This subsection does not authorize sale of the establishment by the supervisor.
Sec. 18. The court which appoints the supervisor shall allow reasonable compensation, out of the revenue of the gaming establishment, for the services, costs and expenses of the supervisor and for any other persons whom the supervisor may engage to aid him in his duties.
Sec. 19. A supervisor is not personally liable for:
1. Any secured or unsecured debt of the gaming establishment incurred before, during or after his appointment.
2. Any penalty which may be assessed against a former licensee for his failure to pay or the late payment of any license fee or tax levied pursuant to chapter 463 of NRS.
3. Any act or omission made by him in the exercise of prudent business judgment or pursuant to an order of any court.
Sec. 20. This chapter does not affect the right of a creditor to commence or continue foreclosure or other proceedings to collect a secured or unsecured debt, and, consistent with the public policy of this chapter, the appointment of a supervisor must not be treated as an event precipitating a default or acceleration under any note, lease, deed of trust or other extension of credit.
κ1979 Statutes of Nevada, Page 807 (CHAPTER 441, SB 500)κ
or unsecured debt, and, consistent with the public policy of this chapter, the appointment of a supervisor must not be treated as an event precipitating a default or acceleration under any note, lease, deed of trust or other extension of credit. Except as provided in this chapter, the supervisor is not entitled to assert any right, claim or defense other than one available to the gaming establishment or any licensee or former licensee connected therewith.
Sec. 21. 1. A supervisor shall file with the court which appointed him and the commission reports on the administration of the gaming establishment in such form and at such intervals as the court may prescribe.
2. The reports may be made available for inspection by any creditor of the establishment or person having a substantial interest in it, and the court may direct that copies of the reports be mailed to those creditors or persons.
Sec. 22. Subject to prior approval by the court which appointed him, a supervisor may, consistently with regulations to be adopted by the commission, make periodic distribution of earnings to its former legal owners.
Sec. 23. 1. Any person who suffers or is likely to suffer direct financial injury as the result of an act or omission of a supervisor may file an objection with the commission to the suitability of the supervisor.
2. Any person described in subsection 1 may petition the district court which made the appointment for an accounting or for a review of the supervisors qualifications or performance.
3. If at any time the district court finds that a supervisor is not qualified or available to serve as supervisor, it shall request from the commission the names of two or more persons who the commission believes are suitable and qualified to manage a gaming establishment and are available to serve as a supervisor.
4. The commission may, at any time after the appointment of a supervisor, petition the court for the removal of the supervisor and the appointment of a new supervisor or for the termination of the supervision.
Sec. 24. If:
1. Any person who owned an interest in a gaming establishment at the date of appointment of a supervisor thereof secures a willing and able buyer for the establishment before the time when the supervisor must offer the property for sale pursuant to section 25 of this act;
2. The persons who owned a majority of the interest in the establishment on the date of the supervisors appointment approve the terms and conditions of the proposed sale; and
3. The buyer obtains a license to operate the establishment within 6 months after the time when the supervisor must offer the property for sale pursuant to section 25 of this act,
the supervisor shall petition the court which appointed him for approval of the sale, providing notice to parties as the court may direct, and, if the court grants approval, shall carry out the sale on the terms and conditions agreed to between the parties.
Sec. 25. 1. Except as provided in subsection 2, the supervisor of a gaming establishment shall offer the gaming establishment for sale:
κ1979 Statutes of Nevada, Page 808 (CHAPTER 441, SB 500)κ
(a) At any time before the time described in paragraph (b), (c) or (d), when requested in writing by the owners of a majority of the equity interest in the establishment to initiate sale proceedings;
(b) Six months after refusal by the commission to renew the license for the establishment for failure of a licensee to fulfill a condition of his license;
(c) If no petition for judicial review is taken from the determination of the commission to revoke or suspend the license, 6 months after the last date on which a petition for judicial review could have been filed; or
(d) If a petition for judicial review is taken, 6 months after exhaustion of any right of appeal in the courts of this state resulting in a final determination which upholds the revocation or suspension of the license,
whichever date is later.
2. The supervisor shall not offer the gaming establishment for sale if a timely sale of the establishment has been consummated pursuant to section 24 of this act.
3. The supervisor shall exert his best efforts to secure a buyer for the gaming establishment, including advertising, to assure a fair price. He may employ brokers and other persons to assist him in securing a suitable buyer.
4. A supervisor shall not accept any offer to purchase the gaming establishment made by a person who does not possess a license issued pursuant to chapter 463 of NRS which would permit him to operate the establishment, except that the supervisor may accept an offer which is contingent upon the buyers procuring such a license.
5. The supervisor shall petition the district court which appointed him for approval of the terms and conditions of the sale. If the court approves the sale, the supervisor shall, if the buyer obtains a license to operate the establishment, consummate the sale.
Sec. 26. The following provisions apply to any sale of a gaming establishment pursuant to this chapter:
1. All known creditors and other persons designated by the court who are known to have had a legal ownership interest in the gaming establishment immediately prior to the appointment of the supervisor must be notified of the proposed sale at least 30 days before the hearing on the petition for approval of the sale. The notice must be delivered personally or sent by registered or certified mail to the last known address of each such person. The court shall also order that notice be published in a newspaper of general circulation in the county in which the establishment is located. If the address of a creditor or owner is not known, or personal service is not possible for some other reason, service by publication shall be deemed adequate. Any person so notified may file with the court a statement of objections, to the proposed sale, including all grounds for the objections no later than 10 days before the hearing.
2. Upon completion of a sale pursuant to this chapter, the appointment of the supervisor terminates, except that he shall convey all his right, title and interest in the property of the gaming establishment to the buyer and shall pay the net proceeds of the sale to those persons who owned the property at the time he acquired it, or their successors or assignees, according to their respective interests.
κ1979 Statutes of Nevada, Page 809 (CHAPTER 441, SB 500)κ
Sec. 27. The appointment of a supervisor terminates if any court of this state or of the United States overrules the commissions decision to revoke or suspend the license for operation of the gaming establishment, or if the commissions petition for termination is granted, except that the supervisor shall transfer to the appropriate persons their respective interests in the establishment.
Sec. 28. Unless otherwise authorized by the court, if a gaming establishment is under the control of a supervisor:
1. All the books and records relating to the operation of the establishment and all evidences of debts owed to the establishment must be kept and retained in the State of Nevada.
2. All the money of the establishment which is to be deposited with financial institutions must be kept in accounts in financial institutions located in this state.
Sec. 29. 1. It is unlawful for any person during the pendency of any proceeding before the commission which may result in the appointment of a supervisor or during the period of supervision:
(a) To sell, lease or otherwise convey for less than full market value or to hypothecate any property of a gaming establishment.
(b) To remove from this state or secrete from the commission or the supervisor of a gaming establishment any property, money, books or records of the establishment, including evidences of debts owed to it.
2. Any person who violates any provision of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 30. If any property of a gaming establishment is sold, leased or otherwise conveyed or hypothecated in violation of section 29 of this act, or if any property of the establishment is withheld from a supervisor after his appointment, the supervisor may petition the district court in the district where the gaming establishment is located for an order compelling delivery of the property to the supervisor.
Sec. 31. NRS 463.315 is hereby amended to read as follows:
463.315 1. Any person aggrieved by a final decision or order of the commission made after hearing or rehearing by the commission pursuant to NRS 463.312, and whether or not a petition for rehearing was filed, may obtain a judicial review thereof in the district court of the county in which the petitioner resides or has his or its principal place of business.
2. The judicial review [shall] must be instituted by filing a petition within 20 days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the commission. The petition [shall] must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
3. Copies of the petition [shall] must be served upon the commission and all other parties of record, or their counsel of record, either personally or by certified mail.
4. The court, in its discretion, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
κ1979 Statutes of Nevada, Page 810 (CHAPTER 441, SB 500)κ
5. The filing of the petition [shall] does not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
6. Upon written request of petitioner and upon payment of such reasonable costs and fees as the commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, [shall] must be prepared by the commission.
7. The complete record on review [shall] must include copies of:
(a) All pleadings in the case;
(b) All notices and interim orders issued by the commission in connection with the case;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the case.
The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.
8. The record on review [shall] must be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the commission additional time to prepare and transmit the record on review.
9. The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court may deem just and proper. [Such] The motion [shall] must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present [such] the evidence at the hearing of the commission. The motion [shall] must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence [shall] must be permitted. In cases in which additional evidence is presented to the commission, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which [shall] become a part of the record on review.
10. The review [shall] must be conducted by the court sitting without a jury, and [shall] must not be a trial de novo but [shall be] is confined to the record on review.
11. The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of the commission; or
(c) Made upon unlawful procedure; or
κ1979 Statutes of Nevada, Page 811 (CHAPTER 441, SB 500)κ
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
12. Any party aggrieved by the final decision in the district court after a review of the commission decision and order may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law shall warrant.
13. The judicial review by the district and supreme courts afforded in this chapter [shall be] is the exclusive method of review of commission actions, decisions and orders, and [shall preclude] precludes the use of any of the extraordinary common law writs or other equitable proceedings.
14. If judicial review is sought in any case in which a supervisor has been appointed pursuant to sections 2 to 30, inclusive, of this act, the district court shall give priority to that review over other civil actions.
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Senate Bill No. 508Committee on Finance
CHAPTER 442
AN ACT relating to mental health and mental retardation; reorganizing the mental hygiene and mental retardation division of the department of human resources; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Coordinator of medical programs means a medical director who has additional administrative responsibilities for a mental health or mental retardation program.
Sec. 2. NRS 433.005 is hereby amended to read as follows:
433.005 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 433.014 to 433.224, inclusive, and section 1 of this act, have the meanings ascribed to them in [such] those sections.
Sec. 3. NRS 433.014 is hereby amended to read as follows:
433.014 Administrative officer means [the] a person with overall executive and administrative responsibility for [a] those state or nonstate mental health or mental retardation [facility. In the case of mental health centers and mental retardation centers, the administrative officer is the clinic director. In the case of the institute, the administrative officer is the institute director.] facilities designated by the administrator.
Sec. 4. NRS 433.254 is hereby amended to read as follows:
433.254 1. The administrator shall:
(a) Serve as the executive officer of the division;
κ1979 Statutes of Nevada, Page 812 (CHAPTER 442, SB 508)κ
(b) Make an annual report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe; and
(c) Employ, within the limits of available [funds] money and in accordance with the provisions of chapter 284 of NRS, the assistants and employees necessary to the efficient operation of the division.
2. The administrator shall appoint the administrative personnel necessary to operate the state mental hygiene and mental retardation programs, including [a clinic director for each mental health center, the institute director for the Nevada mental health institute and] an associate administrator for mental retardation. He shall delegate to the administrative officers [of division facilities] the power to appoint medical, technical, clerical and operational staff necessary for the operation of [their respective] division facilities. [Such] All appointments by administrative officers [shall] must be made in accordance with the provisions of chapter 284 of NRS.
3. If the administrator finds that it is necessary or desirable that any employee reside at a division facility or receive meals at [such] a division facility, perquisites granted or charges for services rendered to [such person shall be] that person are at the discretion of the governor.
4. The administrator may accept persons referred to the division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
Sec. 5. NRS 433.274 is hereby amended to read as follows:
433.274 [The] An administrative officer [of each division facility,] , with the approval of the administrator, may designate an employee [or employees] to act as his deputy. [or deputies.] In case of the absence or inability of the administrative officer for any cause to discharge the duties of his office, [such] those duties devolve upon his deputy. [or deputies.]
Sec. 6. NRS 433.424 is hereby amended to read as follows:
433.424 A mental health and mental retardation center revolving fund up to the amount of $5,000 is hereby created for each division mental health and mental retardation center, and may be used for the payment of mental health or mental retardation center bills requiring immediate payment and for no other purposes. The respective [clinic directors] administrative officers shall deposit the respective revolving funds in one or more banks of reputable standing. Payments made from each fund [shall] must be promptly reimbursed from appropriated [funds] money of the respective mental health or mental retardation centers on claims as other claims against the state are paid.
Sec. 7. NRS 433.534 is hereby amended to read as follows:
433.534 1. The rights of a client enumerated in this chapter [shall] must not be denied except to protect the clients health and safety or to protect the health and safety of others, or both. Any denial of [such rights shall] those rights must be entered in the clients treatment record, and notice of [such denial shall] the denial must be forwarded to the [medical director.] administrative officer. Failure to report denial of rights by an employee may be grounds for dismissal.
2. Upon receipt of notice of a denial of rights as provided in subsection 1, the [medical director] administrative officer shall cause a full report to be prepared which [shall] must set forth in detail the factual circumstances surrounding the denial.
κ1979 Statutes of Nevada, Page 813 (CHAPTER 442, SB 508)κ
report to be prepared which [shall] must set forth in detail the factual circumstances surrounding the denial. A copy of the report [shall be directed to:
(a) The clinic director in division facilities having a clinic director;
(b) The administrator; and
(c) The] must be sent to the administrator and the board.
3. The board:
(a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;
(b) May act to resolve disputes relating to apparent violations;
(c) May act on behalf of clients to obtain remedies for any apparent violations; and
(d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.
Sec. 8. NRS 433A.020 is hereby amended to read as follows:
433A.020 The [institute director] administrative officers shall:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons.
3. Have additional qualifications which are in accordance with criteria prescribed by the personnel division of the department of administration.
4. Be in the [unclassified] classified service of the state.
Sec. 9. NRS 433A.030 is hereby amended to read as follows:
433A.030 The [institute director is the executive and administrative head of the institute, and as such he has] administrative officers have the following powers and duties, subject to the administrative supervision of the administrator:
1. To exercise general supervision of and establish regulations for the government of the [institute;] facilities designated by the administrator,
2. To be responsible for and supervise the fiscal affairs and responsibilities of the [institute;] facilities designated by the administrator;
3. To appoint such medical, technical, clerical and operational staff as the execution of his duties, the care and treatment of clients and the maintenance and operation of the [institute] facilities designated by the administrator may require;
4. To make reports to the administrator, and to supply the administrator with material on which to base proposed legislation;
5. To keep complete and accurate records of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office;
6. To inform the public in regard to the activities and operation of the [institute;] facilities;
7. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of this Title and other statutes governing the [institute;] facilities;
κ1979 Statutes of Nevada, Page 814 (CHAPTER 442, SB 508)κ
8. To submit an annual report to the administrator on the condition, operation, functioning and anticipated needs of the [institute;] facilities; and
9. To assume responsibility for the nonmedical care and treatment of clients if that responsibility has not been delegated. [To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the institute, and to take all steps necessary to establish clear title thereto on behalf of the state; and
10. To lease, with the consent of the administrator, all or any part of any land known or presumed to belong to the State of Nevada for the use of the institute for the consideration and upon the terms the institute director and the administrator may deem to be in the best interests of the institute and the State of Nevada. Any moneys received from any such lease shall be remitted by the institute director to the state treasurer who shall deposit it in the state treasury to the credit of the general fund.]
Sec. 10. NRS 433A.040 is hereby amended to read as follows:
433A.040 1. [The institute director] An administrative officer shall devote his entire time to the duties of his position and shall [follow] have no other gainful employment or occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for [such] the seminars, consultations and lectures.
2. Except as otherwise provided by law, his only compensation shall be an annual salary in an amount determined by the provisions of [NRS 284.182.] chapter 284 of NRS.
Sec. 11. NRS 433A.080 is hereby amended to read as follows:
433A.080 1. [The medical director of a mental health center, of the institute or of the other division facilities as the administrator shall from time to time designate,] A coordinator of medical programs is the medical head of [such mental health center, institute or] any division facility [.] designated by the administrator. He shall be a psychiatrist licensed to practice medicine [as provided by law] or, in the case of a treatment facility authorized by subsection 2 of NRS 433A.510, [such] a psychiatrist or a pediatrician licensed to practice medicine. [as provided by law.] He may be a psychiatrist or pediatrician in private practice under contract to the division. He shall have such additional qualifications as are in accordance with criteria prescribed by the personnel division of the department of administration [,] and shall be in the [classified] unclassified service of the state. [and shall receive an annual salary in an amount fixed pursuant to the provisions of chapter 284 of NRS.]
2. [The medical director] A coordinator of medical programs shall:
(a) Cause to be kept a fair and full account of all medical affairs;
(b) Have standard medical histories currently maintained on all clients, and administer or have administered the accepted and appropriate medical treatments to all clients under his care, and may, by delegation of the [institute or clinic director,] administrative officer, be responsible for the nonmedical care and treatment of clients; and
κ1979 Statutes of Nevada, Page 815 (CHAPTER 442, SB 508)κ
(c) Undertake any diagnostic, medical or surgical procedure in the interest of the client, but only in accordance with the provisions of subsection 1 of NRS 433.484.
Sec. 12. NRS 433A.090 is hereby amended to read as follows:
433A.090 The mental health institute revolving fund in the sum of $7,500 is hereby created and may be used for the payment of institute bills requiring immediate payment and for no other purposes. The [institute director is directed to] administrative officer for the institute shall deposit the revolving fund in one or more banks of reputable standing. Payments made from the mental health institute revolving fund [shall] must be promptly reimbursed from appropriated [funds] money of the institute as other claims against the state are paid.
Sec. 13. NRS 433A.500 is hereby amended to read as follows:
433A.500 As used in NRS 433A.510 to 433A.570, inclusive:
1. Treatment means treatment designed to facilitate the adjustment and effective functioning of an emotionally disturbed child in his present or anticipated life situation, and includes but need not be limited to:
(a) Outpatient services such as:
(1) Family counseling;
(2) Group therapy for parents, adolescents and children;
(3) Classes for parents in effective child management techniques;
(4) Individual therapy for children; and
(5) Evaluation services, including personal assessments and studies of individual social environments.
(b) Day care services, involving half-day or after-school educational programs and individual or group therapy programs.
(c) In cooperation with the welfare division of the department, placement in transitional homes operated by professionally trained parents working in close consultation with the [clinic director] administrative officer and his staff.
(d) Short-term residential services providing 24-hour supervision, evaluation and planning and intensive family counseling, individual and group therapy and educational evaluation and consultation.
2. Treatment facility means any division facility authorized by subsection 2 of NRS 433A.510 to provide treatment for emotionally disturbed children.
Sec. 14. NRS 433A.530 is hereby amended to read as follows:
433A.530 [The clinic director,] Each administrative officer of a treatment facility, subject to the approval of the administrator, shall establish regulations for the operation of the treatment facility [. He shall] and coordinate the activities of the treatment facility with those of public and private childrens service agencies in the state.
Sec. 15. NRS 433A.550 is hereby amended to read as follows:
433A.550 1. In any case involving commitment by court order, admission to [the] a treatment facility [shall] may be only after consultation with and approval by the [clinic director] administrative officer of the facility or his designee [, whose responsibility it shall be to] who shall determine whether the treatment available at the facility is appropriate or necessary for the childs health and welfare.
κ1979 Statutes of Nevada, Page 816 (CHAPTER 442, SB 508)κ
2. A child committed by court order shall not be released from a treatment facility until the [clinic director] administrative officer determines that treatment in the facility is no longer beneficial to the child.
Sec. 16. NRS 433A.560 is hereby amended to read as follows:
433A.560 In any case involving an application from the childs parent, parents or legal guardian, the child shall first be examined and evaluated by the [clinic director] administrative officer or his staff and admitted to a treatment facility only if, in the judgment of the [clinic director:] administrative officer:
1. The child can benefit from the treatment program; and
2. Facilities and staff are available and adequate to meet the childs needs.
Sec. 17. NRS 433.054, 433.124, 433A.060, 433A.070 and 433A.520 are hereby repealed.
________
Assembly Bill No. 67Assemblymen Hayes, Glover, Jeffrey, Barengo and Horn
CHAPTER 443
AN ACT relating to transportation; exempting equipment of contractors used in constructing or reconstructing a highway; conferring powers of investigation and subpena on the public service commission and the department of motor vehicles, and providing for enforcement of those subpenas; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.081 is hereby amended to read as follows:
706.081 [1.] Highway means every street, road or thoroughfare of any kind used by the public.
[2. Highway does not include:
(a) That portion of a highway under construction or reconstruction.
(b) Any highway constructed by private individuals for the use of a private enterprise, although such highway may be used occasionally by persons other than the individuals constructing such highway or who use such highway in furtherance of a private enterprise if no public funds whatsoever are currently used in the maintenance of such highway.]
Sec. 2. NRS 706.736 is hereby amended to read as follows:
706.736 Except [as provided in] the provisions of subsection 4 of NRS 706.171, of NRS 706.281, and of sections 4 and 5 of this act, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to:
1. Any vehicle operated wholly within the corporate limits of a city, except vehicles operated as common or contract motor carriers, to which all such provisions except NRS 706.491 to 706.536, inclusive, shall apply, but if the corporate limits of any such city are extended or changed to include within such corporate limits any route, area, highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any such carrier, to which a certificate of public convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such carrier servicing, using or employing such route, area, highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
κ1979 Statutes of Nevada, Page 817 (CHAPTER 443, AB 67)κ
of such extension or change of such corporate limits by any such carrier, to which a certificate of public convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such carrier servicing, using or employing such route, area, highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
2. United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.
3. Private motor carriers of property operating within a 5-mile radius of the limits of a city.
4. Farm vehicles.
5. The transportation of children to and from school.
6. The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
7. The transportation of livestock by the owner thereof in his own motor vehicle of 10,000 pounds or less [unladened] unladen weight.
8. The transportation of ore or minerals or mining supplies in the producers own motor vehicle; but only one motor vehicle having an [unladened] unladen weight not exceeding 10,000 pounds shall be exempted from the transportation of ore or minerals or mining supplies. No exemption whatever shall be granted if the motor vehicle exceeds 10,000 pounds [unladened.] unladen.
9. Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise, or to the carriage of any property for compensation.
10. Special mobile equipment.
11. The vehicles of a contractor licensed by the state contractors board when used in actually constructing or reconstructing a highway or road in transporting necessary materials between the site of that work and the sources of material approved by the department of highways for that particular work.
Sec. 3. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. The commission may by subpena require any person believed by it to be subject to any of the provisions of NRS 706.011 to 706.791, inclusive, who has not obtained a certificate of public convenience and necessity or a permit issued in accordance with those sections, to appear before it with all of his relevant books, papers and records and to testify concerning the scope, nature and conduct of his business.
Sec. 5. 1. The district court in and for the county in which any investigation or hearing is being conducted by the commission pursuant to the provisions of this chapter may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the commission.
2. If any witness refuses to attend or testify or produce any papers required by such subpena the commission may report to the district court in and for the county in which the investigation or hearing is pending by petition, setting forth:
κ1979 Statutes of Nevada, Page 818 (CHAPTER 443, AB 67)κ
required by such subpena the commission may report to the district court in and for the county in which the investigation or hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpena in the investigation or hearing named in the subpena, or has refused to answer questions propounded to him in the course of such investigation or hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers.
3. The court, upon petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such 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 commission. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued, the court shall thereupon enter an order that the witness appear 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 must be dealt with as for contempt of court.
Sec. 6. NRS 706.086 is hereby repealed.
________
Assembly Bill No. 90Assemblymen Malone and Horn
CHAPTER 444
AN ACT relating to public schools; extending attendance requirements to include certain children enrolled before the age for compulsory enrollment; removing the requirement that a child who has attained the age for compulsory enrollment be placed in the first grade; requiring a meeting with parents of pupil before he may be retained in same grade for succeeding school year; providing penalties; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupils teacher or principal must make a reasonable effort to arrange a meeting and to meet with his parents or guardian to discuss the reasons and circumstances.
Sec. 2. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, guardian, or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall [be required to] send such child to a public school during all the time such public school is in session in the school district in which such child resides.
κ1979 Statutes of Nevada, Page 819 (CHAPTER 444, AB 90)κ
guardian, or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall [be required to] send such child to a public school during all the time such public school is in session in the school district in which such child resides.
2. Any child who will arrive at the age of 6 years by September 30 [shall] must be admitted to a regular school program, and may be admitted to the first grade, at the beginning of the school year, and his enrollment shall be counted for apportionment purposes. If a child will not arrive at the age of 6 years by September 30, the child shall not be admitted to the first grade until the beginning of the school year following his 6th birthday.
3. Whenever a child who has arrived at the age of 6 years but not at the age of 7 years is enrolled in a public school, each parent, guardian, or other person in the State of Nevada having control or charge of such child shall send the child to the public school during all the time such school is in session. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
Sec. 3. NRS 392.160 is hereby amended to read as follows:
392.160 1. Any peace officer, the attendance officer, or any other school officer shall, during school hours, arrest without warrant: [any]
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,
who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.
2. During school hours, the arresting officer shall forthwith deliver the child arrested to the teacher. After school hours, he shall deliver the child to the parent, guardian or other person having control or charge of the child.
________
Assembly Bill No. 112Assemblyman Marvel
CHAPTER 445
AN ACT relating to assessment and taxation of net proceeds of mines; requiring the filing of an annual statement and annual estimate of taxes, and simultaneous payment of the actual and estimated taxes owing; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 362.110 is hereby amended to read as follows:
362.110 1. Every person, corporation or association operating any mine in this state containing gold, silver, copper, zinc, lead or other valuable mineral or mineral deposit, whether metallic or nonmetallic, and every recipient of royalty payments in connection [therewith:] with any mining operation:
κ1979 Statutes of Nevada, Page 820 (CHAPTER 445, AB 112)κ
every recipient of royalty payments in connection [therewith:] with any mining operation:
(a) Shall [semiannually during July and January] on or before February 15 of each year, except as provided in paragraph (b), file with the department a statement showing the gross yield and claimed net proceeds from each mine owned, worked or operated by [such] that person, corporation or association during the [6-month period] calendar year immediately preceding the [1st day of the month] year in which the statement is [so required to be made.] filed.
(b) May have up to [15] 30 additional days to file [such] the statement, if beforehand he makes written application to the department and the department finds good cause for [such] the extension.
2. [Such statement shall:] The statement must:
(a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. [Such deductions shall be] The deductions are limited to the costs incurred during the [6-month] period covered by the statement.
(b) Be in the form [which shall be] prescribed by the department.
(c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the mine, or, if the owner is [an individual,] a natural person, by someone authorized in his behalf.
3. On or before August 31 of each year, each person, corporation or association who owns, works or operates any mine in this state shall file with the department a statement showing the estimated gross yield and estimated net proceeds from each mine owned, worked or operated by him for the entire current calendar year. At the same time, each owner or operator shall pay to the county in which each mine is located 50 percent of the estimated annual tax for that year. Upon receipt of that payment, the county shall issue its receipt to the taxpayer and transmit a copy thereof to the department. The estimated payments must be applied against the taxpayers final obligation for that calendar year. Any overpayment resulting must be refunded to the taxpayer. If the estimated tax payment proves to be less than 50 percent of the taxpayers final obligation for that calendar year, the county shall assess a penalty of 10 percent of the amount of the deficiency, but thereafter may waive the penalty for good cause shown.
4. Each recipient of royalty payments as described in subsection 1 shall annually file with the department a list showing each of the lessees responsible for taxes due in connection with the mine or mines included in the statement filed pursuant to subsections 1 and 2 of this section.
Sec. 2. NRS 362.120 is hereby amended to read as follows:
362.120 1. The department shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of [each semiannual period.] the period covered by the statement.
2. The net proceeds [shall be] are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during [such 6-month] that period, and none other:
(a) The actual cost of extracting the ore from the mines.
(b) The actual cost of transporting the product of the mine to the place or places of reduction, refining and sale.
κ1979 Statutes of Nevada, Page 821 (CHAPTER 445, AB 112)κ
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the product and the conversion of the [same] product into money.
(e) The actual cost of maintenance and repairs of:
(1) All mine machinery, equipment, apparatus and facilities.
(2) All milling, smelting and reduction works, plants and facilities.
(3) All transportation facilities and equipment except [such as] those that are under the jurisdiction of the public service commission of Nevada as public utilities.
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) of this subsection.
(g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) of this subsection. The annual depreciation charge [shall consist] consists of amortization of the original cost in a manner [to be] prescribed by regulation of the tax commission. The probable life of the property represented by the original cost [shall] must be considered in computing the depreciation charge.
(h) All [moneys] money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All [moneys] money paid as contributions under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, and all [moneys] money paid as contributions under the Social Security Act of the Federal Government, and all [moneys] money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
(j) The actual cost of development work in or about the mine or upon a group of mines when operated as a unit.
(k) All [moneys] money paid as royalties by a lessee or sublessee of a mine, or by both, [shall constitute] constitutes a deductible item for [such] that lessee or sublessee in determining the net proceeds of [such] the lessee or sublessee or both; but the royalties so deducted by the lessee or sublessee [shall] constitute part of the gross yield of the mine for the purpose of determining the net proceeds upon which a tax [shall] must be levied against the person, corporation, association or partnership to which the royalty has been paid.
3. Every person, corporation or firm acquiring property in the State of Nevada for the purpose of engaging in mining and who incurs any of the expenses mentioned in subsection 2 shall report [such] those expenses and the recipient of any royalty payments to the department on forms provided by the department.
4. The several deductions mentioned in subsection 2 [shall] do not include any expenditures for salaries, or any portion [thereof,] of salaries, of any person not actually engaged in:
(a) The working of the mine;
(b) The operating of the mill, smelter or reduction works;
(c) The operating of the transportation facilities or equipment;
(d) Superintending the management of any [thereof;] of those operations; or
κ1979 Statutes of Nevada, Page 822 (CHAPTER 445, AB 112)κ
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any [such] of those operations.
Sec. 3. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines the net proceeds of any mine or mines, the Nevada tax commission shall prepare its certificate of the amount of the net proceeds [thereof] of the mine or mines in triplicate and shall file one copy [thereof] of the certificate with the department, one copy with the county assessor of the county in which the mine or mines are located, and shall send the third copy to the person, corporation or association which is the owner of the mine, operator of the mine, or recipient of the royalty payment, as the case may be.
2. Upon the filing of the copy of [such] the certificate with the county assessor and with the department, the assessment shall be deemed to be made in the amount fixed by the certificate of the Nevada tax commission, and taxes thereon at the rate established [shall be] are immediately due and payable. [Such] The certificate of assessment [shall] must be filed and mailed not later than [the 15th day of April and] the 15th day of [October] May immediately following [respectively the months of January and] the month of [July] February during which [such statements must be] the statement was filed.
Sec. 4. NRS 362.150 is hereby amended to read as follows:
362.150 Every tax levied under the authority or provisions of NRS 362.100 to 362.240, inclusive, on the proceeds of mines, is hereby made a lien on the mines or mining claims, from which ores or minerals are extracted for sale or reduction [.] , and also on all machinery, fixtures, equipment and stockpiles of the taxpayer located at the mine site or elsewhere in the county. The lien [shall attach] attaches on the 1st day of January [and the 1st day of July] of each year, for the [6-month period] calendar year commencing on [those days respectively, and shall] that day and may not be removed or satisfied until [such] the taxes are all paid, or the title to [such] those mines or mining claims [shall have] has vested absolutely in a purchaser under a sale for [such] those taxes.
Sec. 5. NRS 362.190 is hereby repealed.
Sec. 6. The first statement required by NRS 362.110 as amended must be filed on or before August 31, 1979, for the calendar year 1979.
________
κ1979 Statutes of Nevada, Page 823κ
Assembly Bill No. 150Assemblymen Horn, Vergiels, May, Mann, Price, Hayes, Hickey, Robinson, Harmon, Sena, Chaney, FitzPatrick, Tanner, Brady, Craddock, Jeffrey, Bremner, Westall, Cavnar, Bedrosian and Barengo
CHAPTER 446
AN ACT relating to broadcasting; limiting the circumstances for permissible blackout of television broadcasting in an area of certain sporting or special events; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsections 2 and 3, a televised broadcast of a sporting event or other special event originating within this state must not be excluded from viewing at the time it takes place by persons in the area of the event if all tickets available for sale are sold 24 hours or more before the event.
2. Except as provided in subsection 3, a televised broadcast of an athletic event governed by the National Collegiate Athletic Association or the Association of Intercollegiate Athletics for Women must not be excluded from viewing at the time it takes place by persons in the area of the event if all tickets available for sale are sold 48 hours or more before the event.
3. This section does not apply to sporting events or other special events which are televised for viewing on a closed circuit only.
________
Assembly Bill No. 211Committee on Taxation
CHAPTER 447
AN ACT relating to real property; providing the circumstances under which mobile homes and factory-built housing become real property; providing for the making of installment loans on them as real property; and providing other matters properly relating thereto.
[Approved May 22, 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 a new section which shall read as follows:
1. A mobile home, as defined in NRS 361.561, constitutes real property if the running gear is removed and:
(a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.
κ1979 Statutes of Nevada, Page 824 (CHAPTER 447, AB 211)κ
the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.
2. Factory-built housing, as defined in NRS 461.080, constitutes real property if:
(a) It becomes, on or after July 1, 1979 permanently affixed to land which is owned by the owner of the factory-built housing; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the factory-built housing classified as real property.
Sec. 2. NRS 361.035 is hereby amended to read as follows:
361.035 1. Real estate or real property means:
(a) All houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements built or erected upon any land, whether such land is private property or property of the state or of the United States, or of any municipal or other corporation, or of any county, city or town in this state.
(b) Any mobile home or factory-built housing which meets the requirements of section 3 of this act.
(c) The ownership of, or claim to, or possession of, or right of possession to any lands within this state.
[(c)] (d) The claim by or the possession of any person, firm, corporation, association or company to any land.
2. The property described in subsection 1 shall be listed under the head of real estate.
3. When an agreement has been entered into, whether in writing or not, or when there is sufficient reason to believe that an agreement has been entered into, for the dismantling, moving or carrying away or wrecking of the property described in subsection 1, or where such property shall undergo any change whereby it shall be depreciated in value or entirely lost to the county, such property shall be classified as personal property, and not real estate.
4. For the purposes of this chapter, real estate or real property [shall] does not include leasehold or other possessory interests in land owned by the Federal Government on which land the Federal Government is paying taxes to the State of Nevada or is, pursuant to contractual obligation, paying any sum in lieu of taxes to the State of Nevada.
Sec. 3. NRS 361.067 is hereby amended to read as follows:
361.067 All vehicles, as defined in NRS 371.020 [shall be] are exempt from taxation under the provisions of this chapter [.] , except mobile homes which constitute real estate or real property.
Sec. 4. NRS 675.290 is hereby amended to read as follows:
675.290 1. For the purposes of this section, a loan or refinancing is precomputed if the debt is expressed as a sum comprising the principal and the interest charge computed in advance.
2. [Every] Except as provided in paragraph (c) of this subsection, every licensee may make loans of any amount with cash advance not exceeding $10,000, repayable except as otherwise provided in subsection 4, in substantially equal consecutive monthly installments of principal and interest combined, and may charge, contract for, collect and receive charges not in excess of the following:
κ1979 Statutes of Nevada, Page 825 (CHAPTER 447, AB 211)κ
(a) A charge for interest at a rate not exceeding the equivalent of the greater of the following:
(1) The total of:
(I) Thirty-six percent per year on that part of the unpaid balance of the amount of cash advanced which is $300 or less;
(II) Twenty-one percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $300 but does not exceed $1,000; and
(III) Fifteen percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $1,000.
(2) Eighteen percent per year on the unpaid balance of the amount of cash advanced.
(b) The charge for interest [shall] must be calculated according to the actuarial method, which is the method of allocating payments between principal and interest pursuant to which a payment is applied first to the accumulated interest and the balance, if any, is applied to the unpaid principal. A licensee may, at the time the loan is made, precompute the charge for interest at the agreed-upon rate on the scheduled unpaid principal balances according to the terms of the contract and add [such] that interest to the principal of the loan. Where the charge for interest is precomputed the face amount of any note or contract may exceed $10,000 by the amount of charges authorized by this chapter added to principal. If the charge for interest is precomputed, payments on account may be applied to the combined total of principal and precomputed interest until the contract is fully paid. All payments on account, except those applied to default or deferment charges, [shall] must be applied to the installments in the order in which they fall due. The effect of prepayment of a precomputed loan is governed by the provisions relating to refund upon prepayment in full.
(c) On loans secured by mobile homes or factory-built housing which constitute real estate on real property as defined by NRS 361.035 the charge for interest may not exceed 18 percent on the unpaid balance of the amount of cash advanced.
(d) In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment on a precomputed loan contract, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month prior to maturity. [Such] The charge may not be collected more than once for the same default and may be collected at the time of such default or at any time thereafter. If such default charge is deducted from any payment received after default occurs and such deduction results in the default of a subsequent installment, no charge may be made for the resulting default.
[(d)] (e) If, as of an installment due date, the payment dates of all wholly unpaid installments on a precomputed loan contract, on which no default charge has been collected, are deferred one or more full months and the maturity of the contract is extended for a corresponding period, the licensee may charge and collect a deferment charge which shall not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month prior to such date multiplied by the number of months in the deferment period.
κ1979 Statutes of Nevada, Page 826 (CHAPTER 447, AB 211)κ
of 1 month prior to such date multiplied by the number of months in the deferment period. The deferment period is that period of time in which no payment is made or required by reason of the deferment. No installment on which a default charge has been collected or on account of which any partial payment has been made [shall] may be deferred or included in the computation of the deferment charge unless such default charge or partial payment is refunded or credited to the deferment charge. The deferment charge may be collected at the time of the deferment or at any time thereafter and any payment received at the time of the deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the contract. If such payment is sufficient also to pay in full an installment which is in default and the applicable default charge it [shall] must be first so applied and such installment shall not be deferred nor subject to the default charge.
If a refund is required during a deferment period the borrower [shall] must also receive a refund of that portion of the deferment charge attributable to the unexpired full months of the deferment period.
3. If a precomputed loan contract is prepaid in full before the final installment date the borrower shall receive a refund of an amount which shall be at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment in full made on or before the 15th day following an installment date shall be deemed to have been made on the installment due date preceding such prepayment in full and if made on or after the 16th day shall be deemed to have been made on the installment due date following such prepayment in full. No refund [shall] may be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.
4. When a loan contract is for more or less than 1 year, the interest [shall] must be computed at one-twelfth the annual rate for each month. For the purpose of computing charges, whether at the maximum rate or less, a month shall be that period of time from any date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then to the last day of such following month. A day is one-thirtieth of a month when computation is made for a fraction of a month.
5. A borrower and licensee may agree that the first installment due date may be not more than 15 days more than 1 month from the date of the loan and the amount of such first installment may be increased by one-thirtieth of the portion of the interest authorized by paragraph (a) of subsection 2 which would be attributable to a first installment of 1 month for each extra day.
6. No licensee [shall] may induce or permit any person or husband and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this section.
κ1979 Statutes of Nevada, Page 827 (CHAPTER 447, AB 211)κ
and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this section.
7. In addition to the charges herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for or received from the borrower in connection with a loan made under this chapter [;] except: [, such restrictions shall not apply to:]
(a) Court costs [;] .
(b) Reasonable attorneys fees fixed and assessed by the court [;] .
(c) Lawful fees for the filing, recording or releasing in any public office of any instrument securing a loan [;] .
(d) The identifiable charge or premium for insurance provided for in NRS 675.300 [;] if:
(1) With respect to insurance on tangible personal property offered as security for the loan, a clear, conspicuous, and specific statement in writing is furnished by the lender to the borrower setting forth the cost of the insurance if obtained from or through the lender and stating that the borrower may choose the person through whom the insurance is to be obtained; or
(2) With respect to insurance on the life, health or disability of a party obligated on a loan which is taken as security for the loan:
(I) The insurance is not required by the lender and this fact is clearly and conspicuously disclosed in writing to the borrower; and
(II) Any borrower desiring the insurance coverage gives specifically dated and separately signed affirmative written indication of this desire after receiving written disclosure to him of the cost of the insurance.
(e) Fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for a loan made under this chapter.
(f) Reasonable fees of a trustee for preparing and recording a reconveyance of any real property securing the loan.
(g) The following fees on any loan which is secured in whole or in part by real property:
(1) Reasonable amounts actually applied in payment of the expense of inspecting or appraising the property offered in connection with the loan, investigating the responsibility of the applicant or procuring or extending any abstract of title or certificate of title insurance covering the property;
(2) The amount actually paid for the examination of any such abstract or title insurance certificate;
(3) An escrow fee of a reasonable amount when paid to an independent person in connection with the loan; and
(4) Attorneys fees for the preparation of deeds, deeds of trust and other documents in connection with the loan if the attorney is not a salaried employee of the licensee.
(h) Reasonable expenses, including compensation of the trustee and his attorneys fees:
(1) Upon the proper exercise of a power of sale contained in a mortgage or deed of trust given to secure the loan; or
(2) Upon judicial foreclosure of any secured interest contained in a mortgage or deed of trust given to secure the loan.
κ1979 Statutes of Nevada, Page 828 (CHAPTER 447, AB 211)κ
8. If any amount in excess of the amounts authorized by this chapter is charged, contracted for or received, except as the result of an accidental or bona fide error, the licensee shall have no right to collect or receive any interest.
Sec. 5. NRS 675.300 is hereby amended to read as follows:
675.300 1. A licensee may request that a borrower insure tangible property when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of [such] the property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may require that a borrower provide title insurance on real property offered as security for a loan under this chapter. The title insurance must be placed though a title insurance company authorized to do business in this state.
3. A licensee may provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one or more parties obligated on the loan [provided that any such insurance provided or obtained by the licensee shall comply] if the insurance complies with the applicable provisions of chapter 690A of NRS.
[3.] 4. In accepting any insurance provided by this section as security for a loan, the licensee may include the premiums or identifiable charge as part of the principal or may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge [shall] must not exceed those filed with and approved by the commissioner of insurance, and remit [such] those premiums to the insurance company writing [such] the insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from [such] the insurance or its sale [shall] may not be considered as additional or further charge in connection with any loan made under this chapter. Not more than one policy of life insurance and one policy providing accident and health coverage [shall] may be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance [shall] must be refunded or credited in accordance with the method established in [NRS 675.290] this chapter for refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost [thereof] of the insurance to the borrower, within 30 days from the date of the loan. [All such insurance shall] The insurance must be written by a company authorized to conduct [such] business in this state, and the licensee shall not require the purchase of [such] the insurance from any agent or broker designated by the licensee.
[4.] 5. Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 [shall] must provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which [such] the insurance is security, without prejudice to any claim.
κ1979 Statutes of Nevada, Page 829 (CHAPTER 447, AB 211)κ
with a loan transaction, pursuant to subsection 2 [shall] must provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which [such] the insurance is security, without prejudice to any claim. [Such refund shall] The refund must be under a formula filed by the insurer with the insurance division of the department of commerce.
Sec. 6. NRS 675.350 is hereby amended to read as follows:
675.350 No licensee [shall:] may:
1. Take any confession of judgment or any power of attorney running to himself or to any third person to confess judgment or to appear for the borrower in a judicial proceeding.
2. Take any note or promise to pay which does not disclose the date and amount of the loan obligation, a schedule or description of the payments to be made thereon, and the rate or aggregate amount of agreed charges.
3. Take any instrument in which blanks are left to be filled in after the loan is made.
4. Take a lien upon real property as security for any loan made under this chapter [,] except on a loan secured by a mobile home or factory-built housing which constitutes real estate or real property and except such lien as is created by law through the rendition or recording of a judgment.
________
Assembly Bill No. 255Committee on Judiciary
CHAPTER 448
AN ACT relating to interest; increasing the rate which applies when there is no express written contract; increasing the rate on judgments; providing that interest on judgments runs from the service of the summons and complaint except in certain circumstances; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 17.115 is hereby amended to read as follows:
17.115 1. At any time more than 10 days before trial, either informally or at any pretrial conference presided over by a judge of the court in which the action is pending, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions stated at that time.
2. If [such] the offer is accepted, the judge of the court in which the action is pending shall enter judgment accordingly.
3. If [such] the offer is not accepted prior to trial or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the trial.
4. If the party to whom the offer of judgment is made fails to obtain a more favorable judgment, he cannot recover [costs,] :
κ1979 Statutes of Nevada, Page 830 (CHAPTER 448, AB 255)κ
(a) Interest on the judgment for the period between the time of service of the summons and complaint and the time of entry of the judgment; or
(b) Costs,
and the court may order him to pay to the party who made the offer not only that partys taxable costs incurred from the date of filing the complaint, but also a reasonable sum to cover costs of the services of expert witnesses who are not regular employees of any party actually incurred and reasonably necessary in the preparation of the case for trial by such prevailing party.
5. Any judgment entered pursuant to this section shall be deemed a compromise settlement.
Sec. 2. NRS 17.130 is hereby amended to read as follows:
17.130 1. In all judgments and decrees, rendered by any court of justice, for any debt, damages or costs, and in all executions issued thereon, the amount shall be computed, as near as may be, in dollars and cents, rejecting smaller fractions, and no judgment, or other proceedings [shall] may be considered erroneous for [such] that omission.
2. When no rate of interest is provided by contract or otherwise by law, or specified in the judgment, the judgment [shall draw] draws interest at the rate of [7 percent per annum from the time of the entry of the judgment] 8 percent per annum from the time of service of the summons and complaint until satisfied, except for any amount representing future damages, which draws interest at that rate only from the time of the entry of the judgment until satisfied.
Sec. 3. NRS 37.175 is hereby amended to read as follows:
37.175 1. The plaintiff shall pay interest on the final judgment at the rate of [7] 8 percent per annum, but shall not pay interest on any sum deposited pursuant to the provisions of NRS 37.100 or 37.170.
2. Such interest shall run from the date of entry of judgment or, if the plaintiff has occupied the property of the defendant pursuant to the provisions of NRS 37.100, from the date fixed by order on which the plaintiff was entitled to such occupancy, until the final judgment is satisfied.
Sec. 4. NRS 99.040 is hereby amended to read as follows:
99.040 When there is no express contract in writing fixing a different rate of interest, interest shall be allowed at the rate of [7] 8 percent per annum upon all money from the time it becomes due, in the following cases:
1. Upon contracts, express or implied, other than book accounts.
2. Upon the settlement of book or store accounts from the day on which the balance is ascertained.
3. [Upon judgments rendered by a court in this state.
4.] Upon money received to the use and benefit of another and detained without his consent.
[5.] 4. Upon wages or salary, if [the same shall be] it is unpaid when due, after demand therefor has been made.
Sec. 5. NRS 147.220 is hereby amended to read as follows:
147.220 All claims paid shall bear interest from date of filing at the rate of [7] 8 percent per annum unless a different rate is applicable by contract or otherwise.
κ1979 Statutes of Nevada, Page 831 (CHAPTER 448, AB 255)κ
rate of [7] 8 percent per annum unless a different rate is applicable by contract or otherwise.
Sec. 6. The provisions of this act apply to all actions and proceedings filed on or after July 1, 1979.
________
Assembly Bill No. 267Assemblymen Coulter, Sena, Wagner, Fielding, Horn, Prengaman, Malone, Polish, Banner, Brady, Hayes, Getto, Dini, Jeffrey, Price and Westall
CHAPTER 449
AN ACT relating to crimes; providing an additional penalty for certain crimes against aged persons; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who commits the crime of:
(a) Assault;
(b) Battery;
(c) Kidnaping;
(d) Robbery;
(e) Sexual assault; or
(f) Taking money or property from the person of another,
against any person who is 65 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever is applicable, for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime.
2. This section does not create any separate offense but provides an additional penalty for the primary offense, who imposition is contingent upon the finding of the prescribed fact.
________
κ1979 Statutes of Nevada, Page 832κ
Assembly Bill No. 294Committee on Ways and Means
CHAPTER 450
AN ACT making an appropriation from the state general fund to the drivers license division of the department of motor vehicles for the employment of additional personnel; and providing other matters properly relating thereto.
[Approved May 22, 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 drivers license division of the department of motor vehicles the sum of $81,938 for the purpose of employing additional personnel.
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.
________
Assembly Bill No. 451Committee on Ways and Means
CHAPTER 451
AN ACT creating the Commission on the Future of Nevada; providing for its organization, powers and duties; making an appropriation; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. The Commission on the Future of Nevada, consisting of 25 members appointed by the governor, is hereby created within the office of the governor.
2. The governor shall appoint:
(a) One member from each region designated in this subsection from among persons nominated by the governing bodies of the local governments within that region. The regions of the state for the purpose of appointing members to the commission are designated as follows:
(1) Region 1 consists of Carson City and the counties of Churchill, Douglas, Lyon and Storey;
(2) Region 2 consists of the counties of Esmeralda, Mineral and Nye;
(3) Region 3 consists of Clark County;
(4) Region 4 consists of the counties of Eureka, Lincoln and White Pine;
(5) Region 5 consists of Elko County;
(6) Region 6 consists of the counties of Humboldt, Lander and Pershing; and
(7) Region 7 consists of Washoe County.
κ1979 Statutes of Nevada, Page 833 (CHAPTER 451, AB 451)κ
(b) Two assemblymen nominated by the speaker of the assembly and two senators nominated by the president pro tempore of the senate.
(c) Ten members who respectively represent the following interests, organizations and groups of persons in this state:
(1) Agriculture;
(2) Education;
(3) Organizations which provide oil, gas, electricity and other energy;
(4) Organizations specifically interested in the preservation of the environment;
(5) Finance;
(6) Gaming and tourism;
(7) Labor;
(8) Mining;
(9) Recreation; and
(10) The taxpayers of the state.
(d) One member nominated by the Nevada League of Cities and one member nominated by the Nevada Association of County Commissioners.
(e) Two members who are representatives of the general public.
3. The governor shall designate one of the members of the commission to serve as its chairman.
Sec. 2. The state planning coordinator shall provide necessary clerical and other personnel and the commission may appoint consultants and advisory committees, including without limitation committees of representatives of local government from each region to enable the commission to carry out its duties.
Sec. 3. 1. Except as provided in section 4 of this act, the commission shall meet during July 1979, and thereafter at the call of the chairman and as directed in the schedule of meetings adopted by the commission.
2. Thirteen members of the commission constitute a quorum.
3. Each member of the commission is entitled to receive the subsistence and travel expenses provided by law for state officers and employees.
Sec. 4. The commission shall meet on or before June 30, 1979, to adopt a schedule for its activities and to define procedures, methods and guidelines for the functioning of the commission. The commission shall provide in its schedule for interim reports and a final report to the governor and the legislature.
Sec. 5. The commission shall:
1. Select problems within each region which are appropriate for study, and rank them in order of priority;
2. Provide a forum to encourage communication, understanding and cooperation concerning those problems among Nevadas people, government, business and industry;
3. Evaluate existing studies and organizations which can assist in solving the problems of growth in this state and of gathering information about those problems;
4. Identify regional differences, needs and desires in the state, and account for those differences in the development of a state plan for the management of growth;
κ1979 Statutes of Nevada, Page 834 (CHAPTER 451, AB 451)κ
account for those differences in the development of a state plan for the management of growth;
5. Create in that plan a clear statement of governmental policies and priorities based on a close examination of conditions in Nevada and the expressed wishes of its people; and
6. Develop and recommend specific methods and measures for the management of growth in Nevada which reflect the policies, priorities, needs and desires identified in the state plan.
Sec. 6. 1. Subject to the conditions provided in this subsection, there is hereby appropriated from the state general fund to the office of the governor for the support of the Commission on the Future of Nevada the sum of $20,000. Of this sum, $13,332 is available upon the effective date of this act, but, the remaining balance of, $6,668 must not be expended or committed for expenditure until the interim finance committee has reviewed the progress of the commission and has approved the expenditure of all or part of it.
2. The Commission on the Future of Nevada is authorized to accept and expend $105,759 from other sources at any time after the effective date of this act for the support of its activities. If approval is given by the interim finance committee for the expenditure of additional appropriated money as provided for in subsection 1, the commission may then accept and expend not more than $54,241 from other sources.
3. All appropriations for the support of the commission and all other money received for the support of the commission must not be committed or obligated for expenditure after December 30, 1980. Any remaining balance of the appropriation from the state general fund reverts on that date to the state general fund.
Sec. 7. 1. This act shall become effective upon passage and approval.
2. This act shall expire by limitation on December 31, 1980.
________
Assembly Bill No. 480Assemblymen Wagner, Hayes, Coulter, Cavnar, Barengo, Bedrosian, Weise, Bennett, Horn, Prengaman, Banner, Chaney and Malone
CHAPTER 452
AN ACT relating to criminal procedure; extending the authority of peace officers to arrest without a warrant under certain circumstances indicating physical abuse of a spouse; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.124 is hereby amended to read as follows:
171.124 1. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence.
κ1979 Statutes of Nevada, Page 835 (CHAPTER 452, AB 480)κ
(c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon reasonable cause, of the commission of a felony or gross misdemeanor by the party arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
(f) When the peace officer has probable cause to believe that the person to be arrested has committed a battery upon that persons spouse and the peace officer finds evidence of bodily harm to the spouse.
2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appear that a felony or gross misdemeanor has not been committed.
________
Assembly Bill No. 529Committee on Education
CHAPTER 453
AN ACT relating to handicapped persons; extending the provisions for special education outside of the state to persons having other types of handicaps; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 395.001 is hereby amended to read as follows:
395.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [395.003 to 395.009, inclusive,] 395.004 and 395.008 have the meanings ascribed to them in those sections.
Sec. 2. NRS 395.020 is hereby amended to read as follows:
395.020 A handicapped person is eligible to receive the benefits provided by this chapter if:
1. He is a resident of the State of Nevada;
2. He is under 21 years of age, but where the enrollment period for the school year is [prior to] before his 21st birthday, he remains eligible to complete that school year irrespective of his age;
3. The state department of education has prescribed minimum standards for the special education of persons with such a handicap; and
4. A special education [program] for his particular handicap and grade or level of education is not available within his school district. [; but where he is enrolled in a program under this chapter on July 1, 1977, he remains eligible to complete that program irrespective of the formation after that date of an appropriate special education program within his school district.]
κ1979 Statutes of Nevada, Page 836 (CHAPTER 453, AB 529)κ
he remains eligible to complete that program irrespective of the formation after that date of an appropriate special education program within his school district.]
Sec. 3. NRS 395.003, 395.006, 395.007 and 395.009 are hereby repealed.
________
Assembly Bill No. 591Assemblymen FitzPatrick, Webb, Bennett, May and Mello
CHAPTER 454
AN ACT relating to traffic laws; requiring the department of motor vehicles to adopt regulations governing loading and securement of loads on vehicles and combinations of vehicles; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.773 is hereby amended to read as follows:
484.773 The department of motor vehicles [may make and publish] shall adopt reasonable [rules and] regulations providing for:
1. Minimum binder requirements to secure loads on vehicles against dangerous displacement and governing the loading and securement of loads for transportation over public highways by vehicles.
2. Safety chains and cables for combinations of vehicles.
________
Assembly Bill No. 650Assemblymen Chaney and Bennett
CHAPTER 455
AN ACT relating to public schools; authorizing local school districts to adopt an elective course on the human reproductive system and related subjects; and providing other matters properly relating thereto.
[Approved May 22, 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 a new section which shall read as follows:
1. The board of trustees of a school district may establish a course or unit of a course of instruction on the human reproductive system, related communicable diseases and sexual responsibility.
2. If a school board establishes such a course, it shall appoint an advisory committee consisting of:
(a) Four parents of children who attend schools in the district; and
(b) Three representatives, one from each of three of the following professions or occupations:
κ1979 Statutes of Nevada, Page 837 (CHAPTER 455, AB 650)κ
(1) Medicine or nursing;
(2) Counseling;
(3) Religion; or
(4) Pupils who attend school in the district.
This committee shall advise the district concerning the content of and materials to be used in the course of instruction, and the recommended ages of the pupils to whom the course is offered. The final decision on these matters must be that of the board of trustees.
3. The subjects of the course may be taught only by a teacher or school nurse whose qualifications have been previously approved by the board of trustees.
4. The parent or guardian of each pupil to whom the course is offered must first be furnished written notice that the course will be offered. The notice must be given in the usual manner used by the local district to transmit written material to parents, and must contain a form for the signature of the parent or guardian of the pupil consenting to his attendance. Upon receipt of the written consent of the parent or guardian, the pupil may attend the course; otherwise he must be excused from such attendance without any penalty as to credits or academic standing. Any course offered pursuant to this section is not a requirement for graduation.
5. All instructional materials to be used in the course must be available for inspection by parents or guardians of pupils at reasonable times and locations prior to the conduct of the course, and appropriate written notice of the availability of the material must be furnished to all parents and guardians.
________
Assembly Bill No. 662Committee on Transportation
CHAPTER 456
AN ACT relating to taxicabs; prescribing a nonrefundable fee and payment of investigation costs for applicants for certificates of public convenience and necessity; requiring all taxicabs to have pollution control systems conforming to all applicable laws in effect at the time of manufacture; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.8827 is hereby amended to read as follows:
706.8827 1. A person shall not engage in the taxicab business unless he:
(a) Holds a certificate of public convenience and necessity from the public service commission of Nevada issued prior to July 1, 1969, which has not been transferred, revoked or suspended by the taxicab authority; or
(b) Currently holds a certificate of public convenience and necessity from the taxicab authority as provided in this section.
κ1979 Statutes of Nevada, Page 838 (CHAPTER 456, AB 662)κ
2. Upon the filing of an application for a certificate of public convenience and necessity, the taxicab authority shall fix a time and place for a hearing thereon and shall proceed according to the provisions of the laws of this state made applicable thereto.
3. [A nonrefundable fee, not to exceed $200, shall be paid when an application for a certificate of public convenience and necessity is submitted to the taxicab authority. The fee shall be used by the taxicab authority only for costs incurred in conducting an investigation of the application.] The applicant must submit an application fee of $200, which must not be refunded, with his application. The applicant must also pay those amounts which are billed to him by the authority for reasonable costs incurred by it in conducting an investigation of the applicant.
4. The taxicab authority may attach to the exercise of the rights granted by such certificate any terms and conditions as in its judgment the public interest may require.
5. The taxicab authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.
6. Any person who has been denied a certificate of public convenience and necessity after hearing [shall not be permitted again to] may not file a similar application with the taxicab authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied, except after the expiration of 180 days from the date the certificate was denied.
Sec. 2. NRS 706.8837 is hereby amended to read as follows:
706.8837 A certificate holder shall not permit a taxicab to be operated in passenger service unless it meets all of the following standards:
1. The steering mechanism is in good mechanical working order.
2. The vehicle does not have any apparent loose knuckles, bolts or gear trains.
3. The door hinges and latches are in good mechanical working order and all doors operate easily and close securely.
4. Interior or exterior advertising does not obscure the drivers view in any direction.
5. The windows are clear and free from cracks or chips in excess of 3 inches in length and are composed of approved, non-shatterable safety glass.
6. The brakes are in good mechanical working order and when pressed are not less than 1 3/4 inches from the floorboard.
7. The exhaust system, gaskets, tailpipes and mufflers are in good condition and exhaust fumes no not penetrate the interior of the vehicle.
8. The vehicle is equipped with four adequate and safe tires. Recapped tires may be used. Regrooved tires may not be used.
9. The speedometer is properly installed, maintained in good working order and exposed to view.
10. The interior of the vehicle is clean, free from torn upholstery and from damaged or broken seats.
11. The headlights, taillights, stoplights and turn signals are in good mechanical working order.
κ1979 Statutes of Nevada, Page 839 (CHAPTER 456, AB 662)κ
12. The horn and two windshield wipers are in good mechanical working order.
13. The taximeter is working properly, is not disconnected and has its covers and gears intact.
14. An air pollution control system is functioning in accordance with federal, state and local laws which were applicable to the type of vehicle at the time of its manufacture.
________
Assembly Bill No. 675Committee on Government Affairs
CHAPTER 457
AN ACT to amend an act entitled An Act incorporating the City of Sparks, in Washoe County, Nevada, under a new charter; defining the boundaries thereof; and providing other matters properly relating thereto, approved May 16, 1975, as amended.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended, is hereby amended by adding thereto a new article, to be designated Article VII-A, which shall immediately follow Article VII, to read as follows:
ARTICLE VIIA
Revitalization and Redevelopment
Sec. 7A.010. Legislative declaration. The legislature by the addition of this article to the charter of the City of Sparks declares that:
1. All property to be acquired by the city under this article must be owned, operated, administered and maintained for and on behalf of all the people of the city.
2. The reorganization of the city by this article promotes the public health, comfort, safety, convenience and welfare of all the people of the state, and will be of special benefit to the inhabitants of the city and the property within the city.
3. The provision in this article involving the purposes, powers, rights, privileges, immunities, liabilities, duties and disabilities concerning the city will serve a public purpose.
4. Any notice provided for in this article for any purpose is reasonably calculated to inform each person of any proceedings under this article which may directly and adversely affect his legally protected interests, if any.
5. The necessity for this article results from:
(a) The large population growth in the urban areas included within the city and its environs, constituting in the aggregate a significant portion of the states population;
κ1979 Statutes of Nevada, Page 840 (CHAPTER 457, AB 675)κ
(b) The numerous capital improvements and large amount of improved real property situated within the urban areas;
(c) The need for capital improvements within certain areas within the city to provide needed services, facilities and other improvements for public use;
(d) The existence of blighted or deteriorating areas within the city constituting a serious and growing menace which is condemned as injurious and inimical to the public health, safety and welfare of the people of the state, and particularly the city;
(e) The lack of municipally owned capital improvements and the blighted or deteriorating areas which present difficulties and handicaps beyond remedy and control solely by regulatory processes in the exercise of the police power;
(f) Deficiencies which contribute substantially and increasingly to the problems of and necessitate excessive and disproportionate expenditures for crime prevention and the preservation of the public health, safety and welfare;
(g) Deficiencies which also constitute an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, aggravate traffic hazards and the improvement of the traffic facilities; and
(h) The fact that the areas in which these deficiencies exist consume an excessive proportion of the citys revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection.
6. This menace is becoming increasingly direct and substantial in its significance and effect.
7. The benefits which will result from the remedying of these deficiencies by making available additional revenues to defray indirectly the costs of undertakings within the city authorized by the City Bond Law and the redevelopment of blighted or deteriorating areas within the city will accrue to the inhabitants and the property owners of the city as a whole, will be of general benefit to those people and will be of special benefit to the taxable real property within a tax increment area and to the owners of that property.
8. The method of paying the bond requirements of securities issued under this article is equitable and enables the city to issue securities to defray the cost of any project.
9. A general law cannot be made applicable to the city, and to properties, powers, rights, privileges, immunities, liabilities, duties and disabilities pertaining to the city, as provided in this article, because of the number of atypical factors and special conditions concerning them.
10. For the accomplishment of the purposes provided in this section the provisions of this article must be broadly construed.
Sec. 7A.020. Definitions. Except as provided in this article or where the context otherwise requires, the terms used or referred to in this article are as defined in the City Bond Law, as from time to time amended, and except as otherwise provided in that law, as defined in the Local Government Securities Law, as from time to time amended; but the definitions in sections 7A.030 to 7A.160, inclusive, of this article, except where the context otherwise requires, govern the construction of this article.
κ1979 Statutes of Nevada, Page 841 (CHAPTER 457, AB 675)κ
except where the context otherwise requires, govern the construction of this article.
Sec. 7A.030. Bond requirements defined. Bond requirements means the principal of, any prior redemption premiums due in connection with, and the interest on designated bonds or other securities.
Sec. 7A.040. Cost of undertaking defined. Cost of the undertaking, or any phrase of similar import, means the cost of any project as the latter phrase is defined in the Local Government Securities Law in NRS 350.516.
Sec. 7A.050. County defined. County means Washoe County, Nevada.
Sec. 7A.060. Engineer defined. Engineer means the city engineer or firm of engineers employed by the municipality in connection with any undertaking, any project or the exercise of any power authorized in this article.
Sec. 7A.070. Facilities defined.
1. Facilities means buildings, structures, utilities or other properties pertaining to any undertaking or any project authorized in this article, including without limitation, income-producing facilities and facilities acquired with the proceeds of bonds or other securities issued under this article.
2. The term includes all properties, real, personal, mixed or otherwise acquired by the city or the public body, as the case may be, by any undertaking for any one or more projects through purchase, condemnation, construction or otherwise, and used in connection with any of those projects and related services or in any way pertaining thereto, whether situated within or without or both within and without the territorial limits of the city or the public body, as the case may be.
3. The city shall not acquire as a part of its facilities any properties which at the time of their acquisition compete in any area with then-existing properties of a public body providing the same or a similar function or service therein, but the facilities of the city may complement the existing properties of a public body by providing in such an area supplemental functions or services if the existing properties provide inadequate functions or services.
4. The city may acquire properties of any public body situate in the city as one undertaking or a project of the city or an interest therein.
Sec. 7A.080. Governing body defined. Governing body, unless further qualified, means the city council of the municipality; but if that term is so qualified, that term has the meaning stated in the Local Government Securities Law in NRS 350.524.
Sec. 7A.090. Mailed notice, notice by mail defined.
1. Mailed notice or notice by mail means the giving by the engineer, clerk or any of their deputies, as determined by the governing body, of any designated written or printed notice addressed to the last-known owner of each tract in a tax increment area or other designated person at his last-known address by deposit, at least 20 days before the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail.
2. The names and addresses of the property owners must be obtained from the records of the county assessor or from sources that the clerk or the engineer deems reliable.
κ1979 Statutes of Nevada, Page 842 (CHAPTER 457, AB 675)κ
from the records of the county assessor or from sources that the clerk or the engineer deems reliable. Any list of the names and addresses pertaining to any tax increment area may be revised from time to time, but the list need not be revised more frequently than at 12-month intervals if the list is needed for a period of longer than 12 months.
3. Any mailing of any notice required by this article must be verified by the affidavit or certificate of the engineer, clerk, deputy, or other person mailing the notice, which verification must be retained in the records of the municipality at least until all bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
4. The verification of mailing is prima facie evidence of the mailing of the notice in accordance with the requirements of this section.
Sec. 7A.100. Newspaper defined. Newspaper means a newspaper printed in the English language at least once each calendar week and published and of general circulation in the city.
Sec. 7A.110. Municipality defined. Municipality means the City of Sparks in Washoe County, Nevada.
Sec. 7A.120. Posting defined.
1. Posting means posting in three public places at or near the site of the undertaking or any project designated at least 20 days before the designated hearing or other time or event.
2. Any posting of any notice required in this article must be verified by the affidavit or certificate of the engineer, clerk, deputy or other person posting the notice and filed with the clerk, which verification must be retained in the records of the municipality at least until all the bonds and other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
3. The verification of posting is prima facie evidence of the posting of the notice in accordance with the requirements of this section.
Sec. 7A.130. Publication, publish defined.
1. Publication or publish means publication in at least one newspaper.
2. Except as otherwise expressly provided or necessarily implied in this article, publication or publish also means publication for at least once a week for 3 consecutive weeks by three weekly insertions, the first publication being at least 15 days before the designated time or event. Unless otherwise so stated, it is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days must intervene between the first publication and the last publication.
3. Publication is complete on the day of the last publication.
4. Any publication required in this article must be verified by the affidavit of the publisher and filed with the clerk, which verification must be retained in the records of the municipality at least until all the bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
5. The verification of publication is prima facie evidence of the publication of the notice in accordance with the requirements of this section.
Sec. 7A.140. Tax increment account defined. Tax increment account means a special account created pursuant to subsection 3 of section 7A.230 and other provisions in this article supplemental to it.
κ1979 Statutes of Nevada, Page 843 (CHAPTER 457, AB 675)κ
account means a special account created pursuant to subsection 3 of section 7A.230 and other provisions in this article supplemental to it.
Sec. 7A.150. Tax increment area defined. Tax increment area means the area specially benefited by an undertaking under this article, designated by ordinance as provided in subsection 3 of section 7A.230 and in which is located the taxable property the assessed valuation of which is the basis for the allocation of tax proceeds to the tax increment account under section 7A.240.
Sec. 7A.160. Undertaking defined. Undertaking means any enterprise to acquire, improve or equip (or any combination thereof) any project authorized in the City Bond Law and to defray the cost of the enterprise wholly or in part by the issuance of the citys bonds or other securities payable wholly or in part from tax proceeds allocated to the tax increment account pertaining to the enterprise pursuant to section 7A.240.
Sec. 7A.170. Construction.
1. This article, except where the context by clear implication in this article otherwise requires, must be construed as follows:
(a) Sections, subsections, paragraphs and subparagraphs mentioned by number, letter, or otherwise, correspond to the respective sections, subsections, paragraphs and subparagraphs of this article so numbered or otherwise so designated.
(b) The titles or leadlines applied to sections in this article are inserted only as a matter of convenience and ease in reference and in no way define, limit or describe the scope or intent of any provision of this article.
(c) Figures may be used instead of words, and words may be used instead of figures in all notices, proceedings and other documents required by this article or otherwise pertaining to this article.
(d) Words in the singular number include the plural, and words in the plural include the singular.
(e) Where the sense so indicates, words in the masculine gender include the feminine and the neuter and words of the neuter gender refer to any gender.
2. This article being necessary to secure and preserve the public health, safety, convenience and general welfare, the rule of strict construction has no application to this article, but it must be liberally construed to effect the purpose and objects for which it is intended.
Sec. 7A.180. Authorization of tax increment area.
1. Except as provided in subsections 2 and 3, the governing body, on the behalf and in the name of the city, may at any time designate a tax increment area within the city to create a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment (or any combination thereof) of a project authorized in the City Bond Law, as from time to time amended, including without limitation, the condemnation of property for the undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this article.
2. A tax increment area may not be created by the governing body if the total land area of the tax increment area exceeds 10 percent of the total land area, or if the total initial assessed valuation of the tax increment area exceeds 10 percent of the total assessed valuation of taxable property situated within the city.
κ1979 Statutes of Nevada, Page 844 (CHAPTER 457, AB 675)κ
total land area, or if the total initial assessed valuation of the tax increment area exceeds 10 percent of the total assessed valuation of taxable property situated within the city. As used in this subsection, initial assessed valuation means the assessed value as shown upon the assessment roll last equalized before the designation of the area.
3. The right-of-way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body of the city and the railroad company.
Sec. 7A.190. Initiating procedure.
1. Whenever the governing body is of the opinion that the interest of the city requires any undertaking which is financed under this article, the governing body by resolution shall direct the engineer to prepare:
(a) Preliminary plans and a preliminary estimate of the cost of the undertaking, including without limitation all estimated financing costs to be capitalized with the proceeds of the citys securities and all other estimated incidental costs relating to the undertaking;
(b) A statement of the proposed tax increment area pertaining thereto, the last finalized amount of the assessed valuation of the taxable property in the area, and the amount of taxes (including in the amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of the property, based upon the records of the county assessor and the county treasurer; and
(c) A statement of the estimated amount of the tax proceeds to be credited annually to the tax increment account during the term of the proposed securities payable therefrom.
2. The resolution must describe the undertaking in general terms.
3. The resolutions must state:
(a) What part or portion of the expense thereof must be paid with the proceeds of securities issued by the city in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom;
(b) How the remaining part or portion of the expenses, if any, is to be financed; and
(c) The basic security and any additional security for the payment of securities of the city pertaining to the undertaking.
4. The resolution need not describe minutely each particular tract of taxable real property proposed to be included within the tax increment area, but simply designate the tax increment area or its location, so that the various tracts of taxable real property and taxable personal property located there can be ascertained and determined to be within or without the proposed tax increment area.
5. The engineer shall forthwith file with the city clerk the preliminary plans, estimate of cost and statements.
6. Upon their filing, the governing body shall examine them, and if it finds them to be satisfactory, it shall by resolution provisionally order the undertaking.
Sec. 7A.200. Provisional order resolution; notice.
1. In the provisional order resolution the governing body shall set a time, at least 20 days thereafter, and place when and where any representative of the Federal Government, the state or any public body, or any person resident of the city or owning taxable personal or real property in the city, or any representative of that person, may appear before the governing body and be heard as to the propriety and advisability of the undertaking.
κ1979 Statutes of Nevada, Page 845 (CHAPTER 457, AB 675)κ
time, at least 20 days thereafter, and place when and where any representative of the Federal Government, the state or any public body, or any person resident of the city or owning taxable personal or real property in the city, or any representative of that person, may appear before the governing body and be heard as to the propriety and advisability of the undertaking.
2. Notice must be given:
(a) By mail;
(b) By posting; and
(c) By publication.
3. Proof of mailing and posting must be by affidavit of the engineer, clerk or any deputy mailing or posting, or both mailing and posting, the notice, respectively.
4. Proof of publication must be by affidavit of the publisher.
5. The notice must:
(a) Describe the undertaking and the project relating to it (without mentioning minor details or incidentals);
(b) State the preliminary estimate of the cost of the undertaking, including all incidental costs, as stated in the engineers report filed with the governing body under section 7A.190;
(c) Describe the proposed tax increment area pertaining to the undertaking, the last finalized amount of the assessed valuation of the taxable property in the area, and the amount of taxes (including in the amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of the property, based upon the records of the county assessor and the county treasurer;
(d) State what part or portion of the expense of the undertaking must be paid with the proceeds of securities issued by the city in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom, and state the basic security and any additional security for the payment of securities of the city pertaining to the undertaking;
(e) State how the remaining part or portion of the expense, if any, is to be financed;
(f) State the estimated amount of the tax proceeds to be credited annually to the tax increment account pertaining to the undertaking during the term of the proposed securities payable from the tax proceeds, and the estimated amount of any net revenues derived annually from the operation of the project pertaining to the undertaking and pledged for the payment of the securities;
(g) State the estimated aggregate principal amount to be borrowed by the issuance of the securities (excluding proceeds thereof to fund or refund outstanding securities) and the estimated total bond requirements of the securities;
(h) State whether the governing body finds, determines and declares that the estimated tax proceeds credited to the tax increment account and any such net pledged revenues will be fully sufficient to pay the bond requirements of the securities as they become due; and
(i) The time and place when and where the governing body will consider the ordering of the undertaking and hear all complaints, protests, objections and other relevant comments concerning it which may be made in writing by any natural person or body corporate designated in subsection 1 and filed with the city clerk at least 3 days before the hearing, or made verbally at the hearing by any natural person designated in subsection 1.
κ1979 Statutes of Nevada, Page 846 (CHAPTER 457, AB 675)κ
objections and other relevant comments concerning it which may be made in writing by any natural person or body corporate designated in subsection 1 and filed with the city clerk at least 3 days before the hearing, or made verbally at the hearing by any natural person designated in subsection 1.
6. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time before the passage of the ordinance ordering the undertaking and creating the tax increment area and the tax increment account pertaining to it pursuant to subsection 3 of section 7A.230.
7. No substantial change in the undertaking, the preliminary estimates, the proposed tax increment area or other statements relating to it may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of the undertaking and property from the proposed tax increment area, unless the governing body after ordering such a change provides for another provisional order hearing on all matters in the premises and for notice of the hearing in the same manner as provided in this article for the initial hearing, but a subsequent finalization of the amount of assessed valuation of taxable property in the tax increment area or a subsequent levy of taxes must not adversely affect proceedings taken under this article.
8. The engineer shall also have the right to make minor changes in and to develop the undertaking as to the time, plans and materials entering into the undertaking at any time before its completion.
Sec. 7A.210. Provisional order hearing.
1. At the time and place of the hearing, or at its adjournment, the governing body shall proceed to read and consider all written complaints, protests, objections and other relevant comments properly made and so filed with the clerk and to hear all verbal comments relating to the undertaking.
2. After the hearing has been concluded, after all written complaints, protests, objections and other relevant comments have been read and considered, and after the governing body has heard and considered all verbal comments made by persons having an interest and also has considered any other relevant material offered, if the governing body determines that the undertaking, or any part of it, is not in the public interest, the governing body by resolution shall make an order to that effect and may modify the proposed tax increment area to conform to that order. Thereupon the undertaking or the part thereof determined against by the order must stop and must not be begun again until the adoption of a new resolution.
3. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings taken and the instruments made before the date of the hearing must be deemed waived unless presented in writing at the time and in the manner specified in this article.
Sec. 7A.220. Appeal from adverse order. Any person, public body, the state or the Federal Government filing a written complaint, protest or objection as provided in paragraph (i) of subsection 5 of this section 7A.200 is entitled to commence, within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution pursuant to subsection 2 of section 7A.210 or by ordinance pursuant to subsection 3 of section 7A.230, an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all action or suits attacking the validity of the proceedings are perpetually barred.
κ1979 Statutes of Nevada, Page 847 (CHAPTER 457, AB 675)κ
has finally passed on the complaint, protest or objection by resolution pursuant to subsection 2 of section 7A.210 or by ordinance pursuant to subsection 3 of section 7A.230, an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all action or suits attacking the validity of the proceedings are perpetually barred.
Sec. 7A.230. Final order of undertaking.
1. After the provisional order hearing and the consideration of all matters in the premises, and in the event of any material changes other than the deletion of a part of the undertaking and any modification of the tax increment area to conform to the modification under subsection 2 of section 7A.210, after the supplemental provisional order hearing and the consideration of any supplemental matters in the premises, the governing body shall determine whether to proceed under this article. If it has ordered any modification and desires to proceed, it shall direct the engineer appropriately to modify the plans, estimates and statements filed by him with the clerk under subsection 5 of section 7A.190.
2. The engineer shall appropriately modify them and shall forthwith file the modified plans, estimates and statements with the clerk.
3. When the plans, estimates and statements are prepared, filed with the clerk and are satisfactory to the governing body, it shall by ordinance overrule all complaints, protests and objections not otherwise acted upon, unconditionally order the undertaking as modified, if modified, describe the tax increment area pertaining thereto and create the tax increment account therefor.
4. The ordinance may be introduced and adopted at one meeting by not less than five affirmative votes as if an emergency exists and may be effective upon its adoption and publication by title and collateral statement or may be introduced and adopted as a regular measure, pursuant to section 2.080, except as otherwise provided in this subsection.
Sec. 7A.240. Allocation, division and disposition of tax proceeds. After the effective date of the ordinance unconditionally ordering the undertaking and providing for tax increment financing, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the city and any public body must be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies as taxes on all other property are paid.
2. That portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to or indebtedness, whether funded, refunded, assumed or otherwise incurred by the city to finance or refinance, in whole or in part, the undertaking.
κ1979 Statutes of Nevada, Page 848 (CHAPTER 457, AB 675)κ
whole or in part, the undertaking. Until the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
Sec. 7A.250. Municipal securities.
1. The city may issue, to defray wholly or in part the cost of the undertaking, the following securities:
(a) Notes;
(b) Warrants;
(c) Interim debentures;
(d) Bonds; and
(e) Temporary bonds.
2. Any net revenues derived from the operation of the project acquired, improved or equipped (or any combination thereof) under the undertaking must be pledged for the payment of the securities; and the securities must be made payable from any such net pledged revenues, as the bond requirements of the securities become due from time to time, by the bond ordinance, trust indenture, or other proceedings authorizing the issuance of the securities or otherwise pertaining to their issuance.
3. Additionally, such securities:
(a) Must be so made payable from tax proceeds accounted for in the tax increment account; and
(b) May, at the citys option, be so made payable from taxes levied by the city against all taxable property within the city, without limitation of rate or amount except for the limitation provided in section 2 of article 10 of the Nevada constitution. (The city may also issue general obligation securities authorized by law other than this article so made payable from taxes without also making the securities payable from any net pledged revenues or tax proceeds accounted for in a tax increment account, or from both these revenue sources.)
4. Any securities payable only in the manner provided in either paragraph (a) of subsection 3 or both subsection 2 and paragraph (a) of subsection 3, must be special obligations of the city, are not in their issuance subject to the debt limitation in subsection 1 of section 7.010, or otherwise imposed by law, nor, while they are outstanding, exhaust the citys debt-incurring power thereunder, and may be issued under the provisions of the Local Government Securities Law, except as otherwise provided in this article, without any compliance with the provisions of NRS 350.001 to 350.006, inclusive, or NRS 350.010 to 350.070, inclusive, and without any approval or other preliminaries, except as provided in the Local Government Securities Law.
5. Any securities payable from taxes in the manner provided in paragraph (b) of subsection 3 of this section, regardless of whether they are also payable in the manner provided only in paragraph (a) of that subsection or in both subsection 2 and paragraph (a) of subsection 3, must be general obligations of the city, must in their issuance be subject to the debt limitation and, while they are outstanding, shall exhaust the citys debt-incurring power thereunder, and may be issued under the provisions of the Local Government Securities Law only after the issuance of city bonds is approved under the provisions of:
κ1979 Statutes of Nevada, Page 849 (CHAPTER 457, AB 675)κ
general obligations of the city, must in their issuance be subject to the debt limitation and, while they are outstanding, shall exhaust the citys debt-incurring power thereunder, and may be issued under the provisions of the Local Government Securities Law only after the issuance of city bonds is approved under the provisions of:
(a) NRS 350.001 to 350.006, inclusive; and
(b) NRS 350.010 to 350.070, inclusive,
except for the issuance of notes or warrants under the Local Government Securities Law which are payable out of the current years revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of the bond approval under the provisions of law designated in paragraphs (a) and (b) of this subsection.
6. In the proceedings for the advance of money, the making of loans or the incurring of any indebtedness, whether funded, refunded, assumed or otherwise, by the city to finance or refinance, in whole or in part, the undertaking, wholly or in part, the portion of taxes mentioned in subsection 2 of section 7A.240 must be irrevocably pledged for the payment of the bond requirements of the loans, advances or indebtedness. The provisions in the Local Government Securities Law pertaining to new pledged revenues are applicable to the pledge to secure the payment of the tax increment bonds.
Sec. 7A.260. Cooperative powers. The city shall also have the following powers:
1. To accept contributions or loans from the Federal Government, the state or any public body (or any combination thereof) to finance the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise pertaining to an undertaking in which the city is authorized to engage, and to enter into contracts and cooperate with and accept cooperation from the Federal Government, the state or any public body (or any combination thereof) in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of that enterprise in accordance with any legislation which Congress, the state legislature or any governing body of any public body (or any combination thereof) may have adopted or may after the adoption of this article adopt, under which aid, assistance and cooperation may be furnished by the Federal Government, the state or public body (or any combination thereof) in the planning, acquisition, improvement, equipment, maintenance and operation or in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and to do anything necessary in order to avail itself of the aid, assistance and cooperation under any federal or state legislation now or hereafter enacted.
2. To enter, without any election, into joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term not exceeding 50 years, with the Federal Government, the state and any public body (or any combination thereof), concerning the undertaking, and any project or property pertaining thereto, whether acquired by the city, by the Federal Government, by the state or by any public body, and to accept grants and contributions from the Federal Government, the state, any public body or any person (or any combination thereof) in connection therewith.
κ1979 Statutes of Nevada, Page 850 (CHAPTER 457, AB 675)κ
any combination thereof), concerning the undertaking, and any project or property pertaining thereto, whether acquired by the city, by the Federal Government, by the state or by any public body, and to accept grants and contributions from the Federal Government, the state, any public body or any person (or any combination thereof) in connection therewith.
3. To enter into and perform without any election, when determined by the governing body of the city to be in the public interest, contracts and agreements for any term not exceeding 50 years, with the Federal Government, the state, any public body or any person (or any combination thereof) for the provision and operation by the city of any facilities whether or not pertaining to the undertaking of the city or any project relating to it and the payment periodically thereby to the city of amounts at least sufficient, if any, in the determination of the governing body, to compensate the city for the cost of providing, operating and maintaining the facilities serving the Federal Government, the state, the public body or the person, or otherwise.
4. To enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person (or combination thereof) for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the city or to any undertaking or any project of the city, or otherwise, including without limitation, any contract or agreement for any term not exceeding 50 years.
5. To cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the state or any of its engineers, officers, boards, commissions or departments, or with the state or any of its engineers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the city or for any other works, acts or purposes provided for in this article and to adopt and carry out any definite plan or system of work for that purpose.
6. To cooperate with the Federal Government, the state or any public body (or any combination thereof) by an agreement therewith by which the city may:
(a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment (or any combination thereof) of any properties pertaining to the undertaking or any other facilities;
(b) Hold and save harmless the cooperating entity free from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation (or any combination thereof) of any facilities;
(c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity; and
(d) Adopt and enforce regulations, if any, concerning the facilities and satisfactory to the cooperating entity.
7. To provide, by any contract for any term not exceeding 50 years, or otherwise, without an election:
κ1979 Statutes of Nevada, Page 851 (CHAPTER 457, AB 675)κ
(a) For the joint use of personnel, equipment and facilities of the city, the Federal Government, the state and any public body (or any combination thereof), including without limitation, public buildings constructed by or under the supervision of the governing body of the city or the other party to the contract concerned, upon the terms and agreements and within the areas within the city as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the city, the Federal Government, the state, any public body and any persons of interest, as the case may be; and
(b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities, any project or the undertaking, now existing or hereafter established in the city, upon such terms and conditions as may be determined for the equitable apportionment of the expenses therefrom resulting.
8. In connection with any facilities of the city or any part of the facilities, acquired or proposed in connection with an undertaking, or with any project, to consult with any regulatory or other agency of the Federal Government, the state or any public body and to submit plans, specifications or other instruments or documents (or any combination thereof) to the governmental agency for its review, recommendations and other comments.
Sec. 7A.270. Public purpose. The exercise of any power in this article authorized by the governing body of the city upon its behalf has been determined and is hereby declared to effect a public purpose; and any undertaking authorized in this article must effect a public purpose.
Sec. 7A.280. Sufficiency of article.
1. This article, without reference to other statutes of the state, except as otherwise expressly provided in this article, constitutes full authority for the exercise of the powers granted in this article.
2. No other law with regard to the exercise of any power granted in this article that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts authorized to be done in this article may be construed as applying to any proceedings taken under this article or acts done pursuant to this article, except as provided in this article.
3. The powers conferred by this act are in addition and supplemental to and not in substitution for and the limitations imposed by this article do not affect the powers conferred by any other law.
4. No part of this article repeals or affects any other law or part thereof, it being intended that this article provide a separate method of accomplishing its objectives and not an exclusive one; and this article must not be construed as repealing, amending or changing any such other law.
Sec. 2. Section 1.080 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 726, is hereby amended to read as follows:
Sec. 1.080 Appointive offices and officers.
1. The mayor of the city shall appoint a city manager, subject to confirmation by the city council.
κ1979 Statutes of Nevada, Page 852 (CHAPTER 457, AB 675)κ
2. The city council may establish by ordinance such other appointive offices as it may deem necessary for the operation of the city.
3. Appointment of [such officers shall] those officers must be made by the city manager, subject to ratification of the city council.
Sec. 3. Section 1.130 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 714, is hereby amended to read as follows:
Sec. 1.130 Certain activities prohibited.
1. A person shall not be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, religious creed, color, national origin, ancestry or political affiliations.
2. [A person shall not willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud to prevent the impartial execution of such provisions, rules and regulations.
3.] A person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall not directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.
[4.] 3. A person shall not orally, in writing or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any elected officer of the city or candidate for any city office from any person holding any compensated appointive city position.
[5.] 4. A person who holds any compensated appointive city position shall not make, solicit or receive any contribution of campaign funds for any elected officer of the city or candidate for any city office or take any part in the management, affairs or political campaign of [any such] the candidate.
[6.] 5. Any person who by himself or with others willfully violates any of the provisions of subsections 1 to [4,] 3, inclusive, is subject to the jurisdiction of the Justice Court of the Township of Sparks and is guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
[7. Any person who, by himself or with others, willfully violates any of the provisions of subsection 5 is guilty of an offense punishable by a fine of not more than $100.
8.] 6. Any person who violates any of the provisions of this section shall be ineligible to hold any city office or position for a period of 5 years and if he is an officer or employee of the city, shall immediately forfeit his office or position.
κ1979 Statutes of Nevada, Page 853 (CHAPTER 457, AB 675)κ
Sec. 4. Section 2.030 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 715, is hereby amended to read as follows:
Sec. 2.030 Meetings: Regular; special; quorum.
1. The city council shall hold regular meetings on the second and fourth Mondays of each month at a time and place convenient to the council and the public. If a second or fourth Monday of a month falls on a national holiday, or other holiday designated as such by the governor, the council may, at the meeting which immediately precedes the regular meeting, provide for another regular meeting time on a day as soon after the regular meeting day as is practicable.
2. Special meetings may be held on a call of the mayor or by a majority of the council. [Reasonable effort shall be made to give notice of a special meeting to each councilman, the mayor, city clerk and city attorney, and to any other person who has submitted a request for such notice to the city clerk, by personal service at least 24 hours prior to the time set for the meeting. If, after a reasonable effort, personal service is not made because of absence of any official from his usual residence, notice shall be given by telegram or certified mail at least 60 hours prior to the time set for the special meeting. The city council shall provide by ordinance for reasonable public notice of special meetings. Such notice is not required if the mayor has declared an emergency.
3. At a special meeting, unless consented to by the entire city council:
(a) No contract involving the expenditure of money may be made, or claim allowed, unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No ordinance may be passed except an emergency ordinance.
(c) No business may be transacted unless it was stated in the call of the meeting.
4.] 3. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
[5.] 4. No meeting of the city council may be held for the purpose of conducting or discussing city business except as provided in this section.
[6. Except as otherwise provided by law, all sessions and all proceedings of the city council shall be public.]
Sec. 5. Section 9.080 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 742, is hereby amended to read as follows:
Sec. 9.080 Prohibited acts.
1. No employee of the city within the provisions of this article [shall] may be suspended, demoted or discharged except as provided in this article.
κ1979 Statutes of Nevada, Page 854 (CHAPTER 457, AB 675)κ
2. A person shall not willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this article, or in any manner commit or attempt to commit any fraud to prevent the impartial execution of the provisions of this article or act in any manner to prevent the impartial execution of the rules and regulations adopted pursuant to section 9.020.
Sec. 6. Section 9.090 of the above-entitled act, being chapter 470, Statutes of Nevada 1975, at page 742, is hereby amended to read as follows:
Sec. 9.090 Written complaint, hearing. Whenever a written complaint against any member of any of the departments within the provisions of this article is made to the city manager, he shall [immediately communicate the same to the commission] within 7 calendar days notify the commission of the complaint and a hearing may be ordered by the commission, if in the opinion of the commission [such] a hearing is necessary.
Sec. 7. Chapter 702, Statutes of Nevada 1975, is hereby repealed.
________
Assembly Bill No. 679Committee on Transportation
CHAPTER 458
AN ACT relating to motor vehicles; creating a classification of vehicle with three wheels, two of which are power driven; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Trimobile means every motor vehicle designed to travel with three wheels in contact with the ground, two of which are power driven.
Sec. 3. The department may identify trimobiles as such on certificates of ownership and registration.
Sec. 4. NRS 482.010 is hereby amended to read as follows:
482.010 [When] As used in this chapter [,] unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.135, inclusive, [shall for the purposes of this chapter,] and section 2 of this act, have the meanings ascribed to them in [such] those sections. [, except in those instances where the context clearly indicates a different meaning.]
Sec. 5. NRS 484.593 is hereby amended to read as follows:
484.593 1. Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and any combination of [such] those vehicles operating upon a highway [shall] must be equipped with brakes in compliance with the requirements of this chapter.
κ1979 Statutes of Nevada, Page 855 (CHAPTER 458, AB 679)κ
a highway [shall] must be equipped with brakes in compliance with the requirements of this chapter.
2. Every such vehicle and combination of vehicles, except:
(a) Special mobile equipment towed by a motor vehicle at a speed of 20 miles per hour or less;
(b) Trailers, semitrailers and house trailers having a gross weight of 3,000 pounds or less, except as provided in subsection 6; and
(c) Pole dollies when used in the transportation of poles at a speed of 20 miles per hour or less by a public utility or agency engaged in the business of supplying electricity or telephone service, when [such] the transportation is between storage yards or between a storage yard and a job location where [such] the poles are to be used,
[shall] must be equipped with service brakes complying with the performance requirements of NRS 484.595 and adequate to control the movement of and to stop and hold [such] that vehicle under all conditions of loading, and on any grade incident to its operation.
3. Every such vehicle and combination of vehicles, except motorcycles or mopeds, [shall] must be equipped with parking brakes adequate to hold the vehicle or combination of vehicles on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. The parking brakes [shall] must be capable of being applied in conformance with the foregoing requirements by the drivers muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes [shall] must be so designed that when once applied they [shall] remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brakedrums, brakeshoes and lining assemblies, brakeshoe anchors and mechanical brakeshoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they [shall] must be so constructed that failure of any one part will not leave the vehicle without operative brakes.
4. Every vehicle [shall] must be equipped with brakes acting on all wheels except:
(a) Trailers, semitrailers, house trailers or pole trailers, manufactured or assembled before July 1, 1975, having a gross weight of 3,000 pounds or less.
(b) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of NRS 484.595.
(c) Trucks and truck tractors having three or more axles, which need not have brakes on the front wheels, except that when [such] those vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, [such] those trucks and truck tractors must be capable of complying with the performance requirements of NRS 484.595.
κ1979 Statutes of Nevada, Page 856 (CHAPTER 458, AB 679)κ
(d) Special mobile equipment.
(e) [The wheel of a sidecar attached to a motorcycle which need not be equipped with brakes if such motorcycle] Any vehicle with three wheels in contact with the ground, two of which are equipped with brakes if the vehicle is capable of complying with the performance requirements of NRS 484.595.
5. Every trailer, semitrailer, house trailer and pole trailer equipped with air- or vacuum-actuated brakes and every trailer, semitrailer, house trailer and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after July 1, 1969, [shall] must be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle.
6. Every trailer, semitrailer, house trailer or pole trailer of 3,000 pounds or more gross weight or equaling more than 40 percent of the towing vehicle, manufactured or assembled before July 1, 1975, [shall] must be equipped with brakes on at least two wheels.
7. Except as otherwise provided by law, every motor vehicle used to tow a trailer, semitrailer, house trailer or pole trailer equipped with brakes [shall] must be equipped with means for providing that, in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.
8. Air brake systems installed on trailers [shall] must be so designed that the supply reservoir used to provide air for the brakes is safeguarded against backflow of air from the reservoir through the supply line.
9. Every motor vehicle, trailer, semitrailer, house trailer or pole trailer, manufactured or assembled after July 1, 1975, and operating upon a highway [shall] must be equipped with service brakes on all wheels of every vehicle, except:
(a) A trailer, semitrailer, house trailer or pole trailer of less than 1,500 pounds gross weight need not be equipped with brakes; and
(b) Three-axle trucks, trucks and truck tractors need only be equipped with brakes on all wheels of the two rear axles.
Sec. 6. Chapter 486 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Trimobile means every motor vehicle designed to travel with three wheels in contact with the ground, two of which are power driven.
Sec. 7. NRS 486.011 is hereby amended to read as follows:
486.011 As used in NRS 486.021 to 486.381, inclusive, unless the context otherwise requires, the words and terms defined in NRS 486.021 to 486.051, inclusive, [shall, unless the context otherwise requires,] and in section 6 of this act, have the meanings ascribed to them in [such] those sections.
Sec. 8. NRS 486.061 is hereby amended to read as follows:
486.061 Except for a nonresident who is at least 16 years of age and is authorized by the state of his residency to drive a motorcycle, a person shall not drive: [a]
1. A motorcycle, except a trimobile, upon a highway unless [such] that person holds a valid motorcycle drivers license issued pursuant to this chapter or a drivers license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle.
κ1979 Statutes of Nevada, Page 857 (CHAPTER 458, AB 679)κ
2. A trimobile upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to this chapter or a drivers license issued pursuant to chapter 483 of NRS.
Sec. 9. NRS 486.171 is hereby amended to read as follows:
486.171 No person [shall] may authorize or knowingly permit a motorcycle, except a trimobile, owned by him or under his control to be driven upon any highway by any person who is not authorized by this chapter to drive a motorcycle.
Sec. 10. NRS 486.231 is hereby amended to read as follows:
486.231 1. The department of motor vehicles shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.
2. Except as provided in this section, when any motorcycle, except a trimobile or moped, is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting [such] those standards. Drivers and passengers of [mopeds are not required to comply with the provisions of this section.] trimobiles shall wear protective glasses, goggles or face shields which meet those standards.
3. When a motorcycle or a trimobile is equipped with a transparent windscreen meeting [such] those standards, the driver and passenger are not required to wear glasses, goggles or face shields.
4. When a motorcycle is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.
5. When a three-wheeled motorcycle, on which the driver and passengers ride within an enclosed cab, is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
Sec. 11. NRS 486.351 is hereby amended to read as follows:
486.351 1. A person, except a police officer in the performance of his duty, shall not drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes.
2. Except as provided in subsection 3, a person shall not drive a motorcycle, [or] moped or trimobile abreast of or overtake or pass another vehicle within the same traffic lane.
3. Motorcycles [or] and mopeds may, with the consent of the drivers, be operated no more than two abreast in a single traffic lane.
Sec. 12. NRS 445.620 is hereby amended to read as follows:
445.620 1. The state environmental commission may by regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible smoke emissions from mobile internal combustion engines on the ground or in the air, including but not limited to aircraft, motor vehicles, snowmobiles and railroad locomotives.
2. Standards for exhaust emissions which apply to a trimobile must be based on standards which were in effect in the year in which the engine of the trimobile was built.
3. Such regulations [shall] must be uniform throughout the state.
Sec. 13. NRS 698.100 is hereby amended to read as follows:
698.100 Motor vehicle means a motor vehicle as defined in NRS 482.075 which is designed and registered to be operated upon a highway, including a trimobile as defined in section 2 of this act, but does not include:
κ1979 Statutes of Nevada, Page 858 (CHAPTER 458, AB 679)κ
482.075 which is designed and registered to be operated upon a highway, including a trimobile as defined in section 2 of this act, but does not include:
1. Motorcycles as defined in NRS 482.070.
2. Mopeds as defined in NRS 482.069.
3. Vehicles which are subject to the license fee and registration requirements of the Interstate Highway User Apportionment Act (NRS 706.801 to 706.861, inclusive) and which are not based in this state.
Sec. 14. 1. Section 13 of this act shall become effective on July 1, 1980.
2. The remaining sections of this act shall become effective on July 1, 1979.
________
Assembly Bill No. 771Assemblymen Mello, Dini, Sena and Glover
CHAPTER 459
AN ACT relating to motor vehicles; limiting the use of studded tires to conform to laws of states adjacent to Nevada; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.6425 is hereby amended to read as follows:
484.6425 1. Except as provided in subsection 2, a person shall not operate any motor vehicle equipped with tires which have on the periphery any block, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the thread of the traction surface of the tire.
2. This section does not prohibit:
(a) Tire chains.
(b) Pneumatic tires which have embedded therein wire not exceeding 0.075 inch in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed 5 percent of the total tire area in contact with the roadway, except that during the first 1,000 miles of use, the metal in contact with the roadway may exceed 5 percent of the tire area in contact with the roadway but [shall in no event] must not exceed 20 percent of [such] that area.
(c) Pneumatic tires containing metal-type studs of tungsten carbide or other suitable material which are so inserted or constructed that under no conditions will the percentage of metal in contact with the roadway exceed 3 percent of the total tire area in contact with the roadway, but such tires may only be used between [September] October 1 and April 30.
(d) The operation of vehicles upon unimproved roadways when necessary in the construction or repair of highways.
(e) The operation of traction engines or tractors under conditions of a permit first obtained from the department of highways with respect to highways under its jurisdiction or the governing body of a city or county with respect to roads under its jurisdiction.
κ1979 Statutes of Nevada, Page 859 (CHAPTER 459, AB 771)κ
a permit first obtained from the department of highways with respect to highways under its jurisdiction or the governing body of a city or county with respect to roads under its jurisdiction.
________
Assembly Bill No. 801Committee on Government Affairs
CHAPTER 460
AN ACT to amend an act entitled An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved May 6, 1971, as amended.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The legislature by this act determines, finds and declares:
1. The provision in this act of powers, rights, privileges, immunities, liabilities, duties and disabilities concerning the city will serve a public purpose.
2. The notices provided for in this act are reasonably calculated to inform each person in interest of any proceedings hereunder which may directly and adversely affect his legally protected interests.
3. The necessity for this act results from:
(a) The large population growth of the city and its environs;
(b) The need for capital improvements within certain areas within the city to provide needed services, facilities and other improvements for public use;
(c) The existence of blighted or deteriorating areas within the city constituting a serious and growing menace which is injurious and inimical to the public health, safety and welfare of the people of the state, and particularly the city; and
(d) The resulting difficulties and handicaps which are beyond remedy and control by existing regulatory processes in the exercise of the police power or by existing financing powers.
4. The benefits which will result from making available additional revenues to defray indirectly the costs of undertakings within the city authorized by the City Bond Law and the redevelopment of blighted or deteriorated areas therein will accrue to the inhabitants and the property owners of the city as a whole, will be of general benefit thereto, and will be of special benefit to the taxable real property within a tax increment area and to the owners of such property.
5. The method of paying the bond requirements of securities issued under this act is equitable and enables the city to issue securities to defray the cost of any project or projects.
6. The powers, rights and privileges granted in this act and the immunities, liabilities, duties and disabilities provided in this act comply in all respects with any requirement or limitation imposed by any constitutional provision.
κ1979 Statutes of Nevada, Page 860 (CHAPTER 460, AB 801)κ
7. The provisions of this act shall be broadly construed.
Sec. 2. The above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended, is hereby further amended by adding a new Article VIIA to read as follows:
ARTICLE VIIA
Financing by Tax Increment
Section 7A.010. Definitions. Except as otherwise provided in this article or where the context otherwise requires, terms used or referred to in this article are as defined in the City Bond Law, as from time to time amended, and except as otherwise provided in such law, as defined in the Local Government Securities Law, as from time to time amended; but the definitions and related substantive requirements provided in sections 7A.020 to 7A.120, inclusive, except where the context otherwise requires, govern the construction of this article.
Sec. 7A.020. Cost of the undertaking defined. Cost of the undertaking, or any phrase of similar import, means the cost of any project as the latter phrase is defined in the Local Government Securities Law.
Sec. 7A.030. County defined. County means Washoe County, in the State of Nevada.
Sec. 7A.040. Engineer defined. Engineer means the city engineer or firm of engineers employed by the city in connection with any undertaking, any project or the exercise of any power authorized in this article.
Sec. 7A.050. Facilities defined.
1. Facilities means buildings, structures, utilities or other properties pertaining to any undertaking or any project authorized in this article, including, without limitation, income-producing facilities and facilities acquired with the proceeds of bonds or other securities.
2. Facilities may consist of all properties, real, personal, mixed or otherwise acquired by the city, by any undertaking for any one or more projects through purchase, condemnation, construction or otherwise, and used in connection with any such project and related services or in any way pertaining thereto, whether situated within or without or both within and without the territorial limits of the city.
3. The city shall not acquire as a part of its facilities any properties which at the time of their acquisition compete in any area with then-existing properties of a public body providing the same or a similar function or service therein, but the facilities of the city may complement such existing properties of a public body by providing in such an area supplemental functions or services if such existing properties provide inadequate functions or services.
4. The city may acquire properties of any public body situate in the city as one undertaking or a project of the city or an interest therein.
Sec. 7A.060. Mailed notice, notice by mail defined.
κ1979 Statutes of Nevada, Page 861 (CHAPTER 460, AB 801)κ
1. Mailed notice or notice by mail means the giving by the engineer, city clerk, or any deputy thereof, as determined by the city council, of any designated written or printed notice addressed to the last-known owner or owners of each tract in a tax increment area or other designated person at his or their last-known address or addresses by deposit, at least 20 days prior to the designated hearing or other time or event, in the United States mail, postage prepaid as first-class mail.
2. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the city clerk or the engineer deems reliable. Any list of such names and addresses pertaining to any tax increment area may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals if any such list is needed for a period longer than 12 months.
3. Any mailing of any notice required in this article shall be verified by the affidavit or certificate of the engineer, city clerk, deputy, or other person mailing the notice, which verification shall be retained in the records of the city at least until all bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
4. Such verification of mailing is prima facie evidence of the mailing of such notice in accordance with the requirements of this section.
Sec. 7A.070. Newspaper defined. Newspaper means a newspaper printed in the English language at least once each calendar week and published and of general circulation in the city.
Sec. 7A.080. Posting defined.
1. Posting means posting in three public places at or near the site of the undertaking or any project designated at least 20 days prior to the designated hearing or other time or event.
2. Any posting of any notice required in this article shall be verified by the affidavit or certificate of the engineer, city clerk, deputy, or other person posting the notice, and filed with the city clerk, which verification shall be retained in the records of the city at least until the bonds and other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
3. Such verification of posting is prima facie evidence of the posting of such notice in accordance with the requirements of this section.
Sec. 7A.090. Publication, publish defined.
1. Publication or publish means publication in at least one newspaper.
2. Except as otherwise expressly provided or necessarily implied in this article, publication or publish also means publication for at least once a week for 3 consecutive weeks by three weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days must intervene between the first publication and the last publication.
κ1979 Statutes of Nevada, Page 862 (CHAPTER 460, AB 801)κ
each of the 3 calendar weeks, but not less than 14 days must intervene between the first publication and the last publication.
3. Publication is complete on the day of the last publication.
4. Any publication required in this article shall be verified by the affidavit of the publisher and filed with the city clerk, which verification shall be retained in the records of the city at least until all the bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
5. Such verification of publication is prima facie evidence of the publication of such notice in accordance with the requirements of this section.
Sec. 7A.100. Tax increment account defined. Tax increment account means a special account created pursuant to subsection 3 of section 7A.180 and other provisions in this article supplemental thereto.
Sec. 7A.110. Tax increment area defined. Tax increment area means the area specially benefited by an undertaking hereunder, designated by ordinance as provided in subsection 3 of section 7A.180, and in which is located the taxable property the assessed valuation of which is the basis for the allocation of tax proceeds to the tax increment account under section 7A.190.
Sec. 7A.120. Undertaking defined. Undertaking means any enterprise to acquire, improve or equip (or any combination thereof) any project or projects authorized in the City Bond Law and to defray the cost of such enterprise wholly or in part by the issuance of the citys bonds or other securities payable wholly or in part from tax proceeds allocated to the tax increment account pertaining to such enterprise pursuant to section 7A.190.
Sec. 7A.130. Authorization of tax increment area.
1. Except as provided in subsections 2 and 3 of this section, the city council, on the behalf and in the name of the city, may at any time designate a tax increment area within the city for the purpose of creating a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment (or any combination thereof) of a project or projects authorized in the City Bond Law, as from time to time amended (including, without limitation, the condemnation of property for any such undertaking), as supplemented by the Local Government Securities Law, except as otherwise provided in this article.
2. A tax increment area may not be created by the city council if the total land area of tax increment areas exceeds, or will thereby exceed, 5 percent of the total land area of the city, or if the total initial assessed valuation of tax increment areas exceeds, or will thereby exceed, 5 percent of the total assessed valuation of taxable property situated within the city. As used in this subsection, initial assessed valuation means the assessed value as shown upon the assessment roll last equalized prior to the designation of the area.
3. The right-of-way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission shall not be included in a tax increment area unless the inclusion of such property is mutually agreed upon by the city council and the railroad company.
κ1979 Statutes of Nevada, Page 863 (CHAPTER 460, AB 801)κ
not be included in a tax increment area unless the inclusion of such property is mutually agreed upon by the city council and the railroad company.
Sec. 7A.140. Initiating procedure.
1. Whenever the city council is of the opinion that the interest of the city requires any undertaking, the city council, by resolution, shall direct the engineer to prepare:
(a) Preliminary plans and a preliminary estimate of the cost of the undertaking, including without limitation, all estimated financing costs to be capitalized with the proceeds of the citys securities and all other estimated incidental costs relating to the undertaking;
(b) A statement of the proposed tax increment area pertaining thereto, the last finalized amount of the assessed valuation of the taxable property in such area, and the amount of taxes (including in such amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of such property, based upon the records of the county assessor and the county treasurer; and
(c) A statement of the estimated amount of the tax proceeds to be credited annually to the tax increment account during the term of the proposed securities payable therefrom.
2. The resolution shall describe the undertaking in general terms.
3. The resolution shall state:
(a) What part or portion of the expense thereof shall be paid with the proceeds of securities issued by the city in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom;
(b) How the remaining part or portion of such expense, if any, is to be financed; and
(c) The basic security and any additional security for the payment of securities of the city pertaining to the undertaking.
4. The resolution need not describe minutely each particular tract of taxable real property proposed to be included within the tax increment area, but simply designate the tax increment area or its location, so that the various tracts of taxable real property and any taxable personal property can be ascertained and determined to be within or without the proposed tax increment area.
5. The engineer shall forthwith file with the city clerk such preliminary plans, estimate of cost and statements.
6. Upon their filing, the city council shall examine them, and if it finds them to be satisfactory, it shall by resolution provisionally order the undertaking.
Sec. 7A.150. Provisional order resolution; notice.
1. In the provisional order resolution the city council shall set a time at least 20 days thereafter and place when and where any representative of the Federal Government, the state or any public body, or any person resident of the city or owning taxable personal or real property therein, or any representative of any such person, may appear before the city council and be heard as to the propriety and advisability of the undertaking.
κ1979 Statutes of Nevada, Page 864 (CHAPTER 460, AB 801)κ
2. Notice shall be given:
(a) By mail;
(b) By posting; and
(c) By publication.
3. The notice shall:
(a) Describe the undertaking and the project or projects relating thereto (without mentioning minor details or incidentals);
(b) State the preliminary estimate of the cost of the undertaking, including all incidental costs, as stated in the engineers report filed with the city council under the next preceding section;
(c) Describe the proposed tax increment area pertaining to the undertaking, the last finalized amount of the assessed valuation of the taxable property in such area, and the amount of taxes (including in such amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of such property, based upon the records of the county assessor and the county treasurer;
(d) State what part or portion of the expense of the undertaking shall be paid with the proceeds of securities issued by the city in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom, and state the basic security and any additional security for the payment of securities of the city pertaining to the undertaking;
(e) State how the remaining part or portion of such expense, if any, is to be financed;
(f) State the estimated amount of the tax proceeds to be credited annually to the tax increment account pertaining to the undertaking during the term of the proposed securities payable from such tax proceeds, and the estimated amount of any net revenues derived annually from the operation of the project or projects pertaining to the undertaking and pledged for the payment of such securities;
(g) State the estimated aggregate principal amount to be borrowed by the issuance of such securities (excluding proceeds thereof to fund or refund outstanding securities), and the estimated total bond requirements of the securities;
(h) Find, determine and declare that the estimated tax proceeds credited to the tax increment account and any such net pledged revenues shall be fully sufficient to pay the bond requirements of such securities as the same become due; and
(i) State the time and place when and where the city council will consider the ordering of the undertaking and hear all complaints, protests, objections and other relevant comments concerning the undertaking which may be made in writing by any individual or body corporate designated in subsection 1 of this section and filed with the city clerk at least 3 days prior thereto, or made orally at the hearing by any person designated in subsection 1.
4. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the city council at any time prior to the passage of the ordinance ordering the undertaking and creating the tax increment area and the tax increment account pertaining thereto.
κ1979 Statutes of Nevada, Page 865 (CHAPTER 460, AB 801)κ
5. No substantial change in the undertaking, the preliminary estimates, the proposed tax increment area or other statements relating thereto shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of the undertaking and property from the proposed tax increment area, unless the city council after ordering such a change provides for another provisional order hearing on all matters in the premises and for notice of the hearing in the same manner as provided for the initial hearing, but a subsequent final determination of the amount of assessed valuation of taxable property in the tax increment area or a subsequent levy of taxes does not adversely affect proceedings taken under this article.
6. The engineer also may make minor changes in and develop the undertaking as to the time, plans and materials entering into the undertaking at any time before its completion.
Sec. 7A.160. Provisional order hearing.
1. At the time and place of the hearing, or at any adjournment thereof, the city council shall proceed to cause to be read and to consider all written complaints, protests, objections and other relevant comments properly made and so filed with the city clerk and to hear all verbal comments relating to the undertaking.
2. After the hearing has been concluded, after all written complaints, protests, objections and other relevant comments have been read and duly considered, and after the city council has heard and considered all oral comments made by persons having an interest and also has considered any other relevant material put forth, if the city council determines that the undertaking, or a part thereof, is not in the public interest, the city council by resolution shall make an order to that effect and may modify the proposed tax increment area to conform to that order. Thereupon the undertaking or any such part must stop and must not be begun again until the adoption of a new resolution.
3. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings taken and the instruments made prior to the date of the hearing shall be deemed waived less presented in writing at the time and in the manner specified in this article.
Sec. 7A.170. Appeal from adverse order. The Federal Government, the state, any public body or any person filing a written complaint, protest or objections in the manner and within the time provided in section 7A.150 may within 30 days after the city council has finally passed on such complaint, protest or objection by resolution pursuant to subsection 2 of section 7A.160 or by ordinance pursuant to subsection 3 of section 7A.180, commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings are perpetually barred.
Sec. 7A.180. Final order of undertaking.
1. After the provisional order hearing and the consideration of all matters in the premises, and in the event of any material changes other than the deletion of a part of the undertaking and any modification of the tax increment area to conform to such modification under subsection 2 of section 7A.160, after the supplemental provisional order hearing and the consideration of any supplemental matters in the premises, the city council shall determine whether to proceed under this article.
κ1979 Statutes of Nevada, Page 866 (CHAPTER 460, AB 801)κ
other than the deletion of a part of the undertaking and any modification of the tax increment area to conform to such modification under subsection 2 of section 7A.160, after the supplemental provisional order hearing and the consideration of any supplemental matters in the premises, the city council shall determine whether to proceed under this article. If it has ordered any modification and desires to proceed, it shall direct the engineer to modify appropriately the plans, estimates and statements filed by him with the city clerk under subsection 5 of section 7A.140.
2. The engineer, if so directed, shall appropriately modify them and shall forthwith file the modified plans, estimates and statements with the city clerk.
3. When such plans, estimates and statements are prepared, filed with the city clerk and are satisfactory to the city council, it shall by ordinance overrule all complaints, protests and objections not otherwise acted upon, unconditionally order the undertaking, as modified if modified, describe the tax increment area pertaining thereto, and create the tax increment account therefor.
4. The ordinance may be adopted in the same manner as is provided in cases of emergency or may be introduced and adopted as a regular measure.
Sec. 7A.190. Allocation, division and disposition of tax proceeds. After the effective date of the ordinance unconditionally ordering the undertaking and providing for financing by tax increment, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the city and any public body must be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies as taxes on all other property are paid.
2. That portion of such levied taxes each year in excess of such amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the city to finance or refinance, in whole or in part, such undertaking. Unless and until the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in that area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in such area must be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in such area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
κ1979 Statutes of Nevada, Page 867 (CHAPTER 460, AB 801)κ
area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
Sec. 7A.200. Municipal securities.
1. The city may issue, to defray wholly or in part the cost of any undertaking, the following securities:
(a) Notes;
(b) Warrants;
(c) Interim debentures;
(d) Bonds; and
(e) Temporary bonds.
2. Any net revenues derived from the operation of the project or projects acquired, improved or equipped (or any combination thereof) as part of the undertaking must be pledged for the payment of any such securities. The securities must be made payable from any such net pledged revenues as the bond requirements become due from time to time by the bond ordinance, trust indenture or other proceedings which authorize the issuance of the securities or otherwise pertain to their issuance.
3. Additionally, such securities:
(a) Must be made payable from tax proceeds accounted for in the tax increment account; and
(b) May, at the citys option, be made payable from taxes levied by the city against all taxable property within the city, without limitation of rate or amount except for the limitation provided in section 2 of article 10 of the Nevada constitution.
The city may also issue general obligation securities other than the ones authorized by this article which are made payable from taxes without also making the securities payable from any net pledged revenues or tax proceeds accounted for in a tax increment account, or from both of those sources of revenue.
4. Any securities payable only in the manner provided in either paragraph (a) of subsection 3 or both subsection 2 and paragraph (a) of subsection 3, are special obligations of the city, are not in their issuance subject either to the debt limitation in section 7A.010, or otherwise imposed by law, and while they are outstanding do not exhaust the citys debt incurring power, and may be issued under the provisions of the Local Government Securities Law, except as otherwise provided in this article, without any compliance with the provisions of NRS 350.001 to 350.006, inclusive, or NRS 350.010 to 350.070, inclusive, and without any approval or other preliminaries, except as provided in the Local Government Securities Law.
5. Any securities payable from taxes in the manner provided in paragraph (b) of subsection 3, regardless whether they are also payable in the manner provided in paragraph (a) of subsection 3 or in both subsection 2 and paragraph (a) subsection 3, are general obligations of the city, are in their issuance subject to such debt limitation and, while they are outstanding, do exhaust the citys debt incurring power, and may be issued under the provisions of the Local Government Securities Law only after the issuance of city bonds is approved under the provisions of:
(a) NRS 350.001 to 350.006, inclusive; and
κ1979 Statutes of Nevada, Page 868 (CHAPTER 460, AB 801)κ
(b) NRS 350.010 to 350.070, inclusive,
except for the issuance of notes or warrants under the Local Government Securities Law which are payable out of the current years revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of such bond approval under the two acts designated in paragraphs (a) or (b).
6. In the proceedings for the advancement of money, or the making of loans, or the incurrence of any indebtedness, whether funded, refunded, assumed or otherwise, by the city to finance or refinance, in whole or in part, the undertaking, the portion of taxes mentioned in subsection 2 of section 7A.190 must be irrevocably pledged for the payment of the bond requirements of such loans, advances or indebtedness. The provisions in the Local Government Securities Law pertaining to net pledged revenues are applicable to such a pledge to secure the payment of tax increment bonds.
Sec. 7A.210. Cooperative powers. The city also has the following powers:
1. To accept contributions or loans from the Federal Government, the state or any public body (or any combination thereof) for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise pertaining to an undertaking in which the city is authorized to engage, and to enter into contracts and cooperate with, and accept cooperation from, the Federal Government, the state or any public body (or any combination thereof) in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise in accordance with any legislation which Congress, the state legislature or the governing body of any public body (or any combination thereof) may have adopted before or may adopt on or after July 1, 1979, under which aid, assistance and cooperation may be furnished by the Federal Government, the state or public body (or any combination thereof) in the planning, acquisition, improvement, equipment, maintenance and operation or in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and to do any and all things necessary in order to avail itself of such aid, assistance and cooperation under any federal or state legislation enacted before, on or after July 1, 1979.
2. To enter into, without any election, joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements for any term not exceeding 50 years, with the Federal Government, the state and any public body (or any combination thereof), concerning the undertaking, and any project or property pertaining thereto, whether acquired by the city, by the Federal Government, by the state or by any public body, and to accept grants and contributions from the Federal Government, the state, any public body or any person (or any combination thereof) in connection therewith.
κ1979 Statutes of Nevada, Page 869 (CHAPTER 460, AB 801)κ
body, and to accept grants and contributions from the Federal Government, the state, any public body or any person (or any combination thereof) in connection therewith.
3. To enter into and perform, without any election, when determined by the city council of the city to be in the public interest, contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the state, any public body or any person (or any combination thereof) for the provision and operation by the city of any facilities whether or not pertaining to the undertaking of the city or any project relating thereto and the payment periodically thereby to the city of amounts at least sufficient, if any, in the determination of the city council, to compensate the city for the cost of providing, operating and maintaining such facilities serving the Federal Government, the state, such public body or such person, or otherwise.
4. To enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person (or combination thereof) for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the city or to any undertaking or any project of the city, or otherwise, including without limitation, any contract or agreement for any term not exceeding 50 years.
5. To cooperate with and act in conjunction with the Federal Government, or any of its engineers, officers, boards, commissions or departments, or with the state, or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the city or for any other works, acts or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.
6. To cooperate with the Federal Government, the state or any public body (or any combination thereof) by an agreement therewith by which the city may:
(a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment (or any combination thereof) of any properties pertaining to the undertaking or any other facilities;
(b) Hold and save harmless the cooperating entity free from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation (or any combination thereof) of any facilities;
(c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity; and
(d) Adopt and enforce regulations, if any, concerning the facilities and satisfactory to the cooperating entity.
7. To provide, by any contract for any term not exceeding 50 years, or otherwise, without an election:
(a) For the joint use of personnel, equipment and facilities of the city, the Federal Government, the state and any public body (or any combination thereof), including without limitation, public buildings constructed by or under the supervision of the city council of the city or the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the city as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the city, the Federal Government, the state, any such public body and any persons of interest, as the case may be; and
κ1979 Statutes of Nevada, Page 870 (CHAPTER 460, AB 801)κ
of the city, the Federal Government, the state and any public body (or any combination thereof), including without limitation, public buildings constructed by or under the supervision of the city council of the city or the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the city as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the city, the Federal Government, the state, any such public body and any persons of interest, as the case may be; and
(b) For the joint employment of city clerks, stenographers and other employees pertaining to the facilities, any project or the undertaking, now existing or hereafter established in the city, upon such terms and conditions as may be determined for the equitable apportionment of the expenses therefrom resulting.
8. In connection with any facilities of the city or any part of the facilities, acquired or proposed in connection with an undertaking, or with any project, to consult with any regulatory or other agency of the Federal Government, the state or any public body and to submit plans, specifications or other instruments or documents (or any combination thereof) to each such governmental agency for its review, recommendations and other comments.
Sec. 7A.220. Sufficiency of article.
1. This article, without reference to other statutes of the state, except as otherwise expressly provided in this article, constitutes full authority for the exercise of powers granted in this article.
2. No other article of this charter or other law with regard to the exercise of any power granted in this article that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized to be done applies to any acts taken under this article, except as provided in this article.
3. The powers conferred by this article are in addition and supplemental to, and not in substitution for, and the limitations imposed by this article do not affect the powers conferred by, any other law.
Sec. 3. Severability. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect other provisions or applications 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.
________
κ1979 Statutes of Nevada, Page 871κ
Assembly Bill No. 803Committee on Elections
CHAPTER 461
AN ACT authorizing certain employees of counties and cities to prepare, sign and serve citations on persons accused of violating ordinances; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any board of county commissioners or governing body of a city may designate certain of its building, housing and licensing inspectors, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance. A designated employee:
1. May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
2. May prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
3. Shall comply with the provisions of NRS 171.1773.
________
Assembly Bill No. 839Committee on Education
CHAPTER 462
AN ACT relating to public schools; requiring the fingerprinting of certain applicants for employment with school districts; and providing other matters properly relating thereto.
[Approved May 22, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist certificated personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. Such noncertificated personnel [shall be given direct supervision] must be directly supervised by certificated personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a certificated person in attendance.
(b) Shall establish policies governing the duties and performance of teacher aides.
κ1979 Statutes of Nevada, Page 872 (CHAPTER 462, AB 839)κ
3. Each applicant for employment pursuant to this section, except a teacher certificated by the state board of education, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation for its report.
4. Notwithstanding the provisions of NRS 252.110, the board of trustees of a school district may [employ] engage independent legal counsel when such employment is deemed necessary by the board.
[4.] 5. Notwithstanding the provisions of NRS 354.596, not later than 30 days [prior to] before the time of filing its tentative budget, each board of school trustees of a school district shall submit, or cause to be submitted simultaneously, to the state department of education and the Nevada tax commission a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year. The report [shall] must be made on forms prescribed by the state department of education and [shall] must include [, but shall not be limited to:] :
(a) A schedule showing the estimated number of persons to be employed by account and fund classification and fully funded thereby; and
(b) A schedule showing the estimated number of persons to be employed by classification who are funded by more than one account or fund.
(c) The projected salary schedule for the next fiscal year.
________
Assembly Bill No. 824Assemblymen Mello, Vergiels, Bremner, Mann, Wagner, Barengo, Glover, Webb, Hickey, Rhoads and Cavnar
CHAPTER 463
AN ACT relating to juvenile offenders; creating the youth parole bureau in the youth services division of the department of human resources; consolidating parole officers into that bureau; making certain other reorganizations within the department and in its advisory boards; and providing other matters properly relating thereto.
[Approved May 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 210.010 is hereby amended to read as follows:
210.010 As used in NRS 210.010 to 210.290, inclusive:
1. Administrator means the administrator of the youth services [agency] division in the department of human resources.
2. Director means the director of the department of human resources.
3. School means the Nevada youth training center, [heretofore] established and maintained for the care of minors adjudged delinquent and committed thereto.
κ1979 Statutes of Nevada, Page 873 (CHAPTER 463, AB 824)κ
4. Superintendent means the superintendent of the school.
5. Youth parole bureau means the youth parole bureau of the youth services division in the department of human resources.
Sec. 2. NRS 210.240 is hereby amended to read as follows:
210.240 1. When an inmate is eligible for parole according to regulations established for that purpose [,] and parole will be to [the] his advantage, [of the inmate,] the superintendent may grant parole [under such conditions as he deems best.
2. Each person paroled shall be placed in a reputable home and enrolled in an educational or work program. The school may pay the expenses incurred in providing such a home.
3. When any person so paroled has proven his ability to make an acceptable adjustment outside the school, the superintendent shall petition the committing court, requesting dismissal of all proceedings and accusations pending against such person.
4. Any person who violates the conditions of his parole is subject, after a hearing, to suspension, modification or revocation of his parole.] after consultation with the chief of the youth parole bureau.
2. The date of an inmates release on parole must be set by agreement of the superintendent and the chief but not later than 30 days after the superintendent has given the chief a notice of intent to parole. Upon a parole, the person paroled is under the supervision of the chief.
3. Whenever the superintendent determines, after consultation with the chief, that it is in the best interest of an inmate to be permitted a furlough from the school to participate in a program or treatment, the superintendent may grant the furlough for a period of not more than 90 days. While an inmate is temporarily released on such a furlough, he is under the supervision of the chief.
Sec. 3. NRS 210.250 is hereby amended to read as follows:
210.250 1. The [superintendent or a parole officer] chief of the youth parole bureau may petition the committing court requesting that the parole of a person paroled from the school be suspended, modified or revoked.
2. Pending a hearing, the committing court may order:
(a) The return of the parolee to the school; or
(b) If approved by the local juvenile facility, that the parolee be held in the local juvenile facility.
3. The school shall pay all actual and reasonably necessary costs for the confinement of a parolee in the local juvenile facility.
4. If requested, the committing court shall allow the parolee reasonable time to prepare for the hearing.
5. The required hearing may be conducted by a judge or master of the committing court, who shall render a decision within 10 days after the conclusion of the hearing.
Sec. 4. NRS 210.270 is hereby amended to read as follows:
210.270 [1.] All officers and employees of the school [shall] have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.
[2. The employee of the school assigned as parole officer shall have the powers and privileges of a peace officer.]
κ1979 Statutes of Nevada, Page 874 (CHAPTER 463, AB 824)κ
Sec. 5. NRS 210.400 is hereby amended to read as follows:
210.400 As used in NRS 210.400 to 210.715, inclusive:
1. Administrator means the administrator of the youth services [agency] division in the department of human resources.
2. Director means the director of the department of human resources.
3. School means the Nevada girls training center.
4. Superintendent means the superintendent of the school.
5. Youth parole bureau means the youth parole bureau of the youth services division in the department of human resources.
Sec. 6. NRS 210.670 is hereby amended to read as follows:
210.670 1. When an inmate is eligible for parole according to regulations established for that purpose [,] and parole will be to [the] her advantage, [of the inmate,] the superintendent may grant parole [under such conditions as he deems best.
2. Each person paroled shall be placed in a reputable home and enrolled in an educational or work program. The school may pay the expenses incurred in providing such a home.
3. When any person so paroled has proved her ability to make an acceptable adjustment outside the school, the superintendent shall petition the committing court, requesting dismissal of all proceedings and accusations pending against such person.
4. Any person who violates the conditions of her parole is subject, after a hearing, to suspension, modification or revocation of her parole.] after consultation with the chief of the youth parole bureau.
2. The date of an inmates release on parole must be set by agreement of the superintendent and the chief but not later than 30 days after the superintendent has given the chief a notice of intent to parole. Upon a parole, the person paroled is under the supervision of the chief.
3. Whenever the superintendent determines, after consultation with the chief, that it is in the best interest of an inmate to be permitted a furlough from school to participate in a program or treatment, the superintendent may grant the furlough for not more than 90 days. While an inmate is temporarily released on such a furlough, she is under the supervision of the chief.
Sec. 7. NRS 210.680 is hereby amended to read as follows:
210.680 1. The [superintendent or a parole officer] chief of the youth parole bureau may petition the committing court requesting that the parole of a person paroled from the school be suspended, modified or revoked.
2. Pending a hearing, the committing court may order:
(a) The return of the parolee to the school; or
(b) If approved by the local juvenile facility, that the parolee be held in the local juvenile facility.
3. The school shall pay all actual and reasonably necessary costs for the confinement of a parolee in the local juvenile facility.
4. If requested, the committing court shall allow the parolee reasonable time to prepare for the hearing.
5. The required hearing may be conducted by a judge or master of the committing court, who shall render a decision within 10 days after the conclusion of the hearing.
κ1979 Statutes of Nevada, Page 875 (CHAPTER 463, AB 824)κ
Sec. 8. NRS 210.700 is hereby amended to read as follows:
210.700 [1.] All officers and employees of the school [shall] have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.
[2. Any employee of the school assigned as a parole officer shall have the powers and privileges of a peace officer.]
Sec. 9. Chapter 210 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 16, inclusive, of this act.
Sec. 10. As used in sections 11 to 16, inclusive, of this act, youth parole bureau means the youth parole bureau of the youth services division in the department of human resources.
Sec. 11. The chief of the youth parole bureau may:
1. Appoint, in accordance with chapter 284 of NRS, such employees as are necessary to carry out the functions of the bureau.
2. With the approval of the administrator of the youth services division in the department of human resources, enter into contracts with colleges, universities and other organizations for the purposes of:
(a) Research in the field of delinquency and crime prevention.
(b) Training special workers, including parole officers and social workers, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.
Sec. 12. The chief of the youth parole bureau shall:
1. Supervise all persons released on parole from the Nevada youth training center and the Nevada girls training center, and all persons released by other states for juvenile parole in Nevada pursuant to interstate compact.
2. Furnish to each person so paroled a written statement of the conditions of the parole and instructions regarding those conditions.
3. Keep himself informed concerning the conduct and condition of all persons under his supervision.
4. Coordinate his functions with those of the superintendents of the Nevada youth training center and the Nevada girls training center.
Sec. 13. The chief of the youth parole bureau and the parole officers of the bureau have the powers of peace officers in carrying out the functions of the bureau.
Sec. 14. 1. Each person who is paroled from the Nevada youth training center or the Nevada girls training center must be placed in a reputable home and in either an educational or work program or both. The chief of the youth parole bureau may pay the expenses incurred in providing the home from money appropriated to the bureau for that purpose.
2. The chief may accept money of parolees for safekeeping pending their discharges from parole. The chief must deposit the money in federally insured accounts in banks or savings and loan associations. He shall keep or cause to be kept a fair and full account of the money, and shall submit such reports concerning the accounts to the administrator of the youth services division of the department of human resources as the administrator may require from time to time.
3. When any person so paroled has proven his ability to make an acceptable adjustment outside the center or, in the opinion of the chief, is no longer amenable to treatment as a juvenile, the chief shall apply to the committing court for a dismissal of all proceedings and accusations pending against the person.
κ1979 Statutes of Nevada, Page 876 (CHAPTER 463, AB 824)κ
is no longer amenable to treatment as a juvenile, the chief shall apply to the committing court for a dismissal of all proceedings and accusations pending against the person.
4. Before the chief recommends that the committing court revoke a persons parole, he shall ascertain from the superintendent of the appropriate center whether adequate facilities remain available at the center to provide the necessary care for the person. If the superintendent advises that there are not such facilities available, there is not enough money available for support of the person at the center, or that the person is not suitable for admission to the center, the chief shall report that fact to the court and recommend a suitable alternative.
Sec. 15. 1. If there is probable cause to believe that a person under supervision by the chief of the youth parole bureau has violated his parole, a written order of the chief is a sufficient warrant for any peace officer to take the person into custody, pending return of the person to the committing court.
2. Every peace officer shall execute such an order in the same manner as is provided for the execution of criminal process.
Sec. 16. 1. Upon request of the chief of the youth parole bureau, a person under his supervision must be accepted by the administrator of the mental hygiene and mental retardation division of the department of human resources for observation, diagnosis and treatment, for not more than 90 days.
2. If the administrator finds, after observation of the person and upon medical consultation, that the person is feebleminded or mentally ill, the administrator may return the person to the committing court for release from the chiefs supervision and further commitment, in accordance with law, to the custody of the administrator.
3. If the administrator finds, after observation of the person and upon medical consultation, that the person is a sexual psycopath or a defective or psychopathic delinquent, the administrator shall return the person to the youth parole bureau. Upon the written request of the chief, the committing court may order the person committed to the custody of the administrator or to an appropriate institution outside the State of Nevada, approved by the director of the department of human resources for treatment. The committing court may order the expense of such support and treatment to be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of the person.
Sec. 17. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of human resources is hereby created.
2. The department [shall consist] consists of a director and the following divisions: [and agency:]
(a) Aging services division.
(b) [Child care services division.
(c)] Health division.
[(d)] (c) Mental hygiene and mental retardation division.
[(e)] (d) Rehabilitation division.
[(f)] (e) Welfare division.
[(g)] (f) Youth services [agency.] division.
3. The department [shall act as] is the sole agency responsible for administering the provisions of law relating to its respective divisions.
κ1979 Statutes of Nevada, Page 877 (CHAPTER 463, AB 824)κ
Sec. 18. NRS 232.320 is hereby amended to read as follows:
232.320 The director [shall:
1. Appoint,] :
1. Shall appoint, with the consent of the governor, [a chief of each] chiefs of the divisions [and agencies] of the department [. The chief of the aging services division shall be known as the], who are respectively designated as follows:
(a) The administrator of the aging services division [, the chief of the child care services division shall be known as the administrator of the child care services division, the chief of the health division shall be known as the] ;
(b) The state health officer [, the chief of the mental hygiene and mental retardation division shall be known as the] ;
(c) The administrator of the mental hygiene and mental retardation division [, the chief of the rehabilitation division shall be known as the] ;
(d) The administrator of the rehabilitation division [, the chief of the welfare division shall be known as the] ;
(e) The state welfare administrator [, and the chief of the youth services agency shall be known as the] ; and
(f) The administrator of the youth services [agency.
2. Be] division.
2. Is responsible for the administration, through the divisions [and agencies] of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions [and agencies] of the department, but [shall not be] is not responsible for the clinical activities of the health division or the professional line activities of the other divisions. [or agencies.]
3. [Have] has such other powers and duties as are provided by law.
Sec. 19. NRS 232.340 is hereby amended to read as follows:
232.340 The chief of each division [and agency] of the department [shall:
1. Be] :
1. Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he [shall be] is in the classified service of the state pursuant to the provisions of [such] that chapter.
2. [Receive] Is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, unless he is in the classified service of the state, in which case his salary [shall,] must unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.
3. [Administer] Shall administer the provisions of law relating to his division, [or agency,] subject to the administrative supervision of the director.
4. [Devote] Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
κ1979 Statutes of Nevada, Page 878 (CHAPTER 463, AB 824)κ
Sec. 20. NRS 232.350 is hereby amended to read as follows:
232.350 The chiefs of the divisions [and agencies] of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise. Such [employees in the unclassified service of the state shall] deputies and assistants are entitled to receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
Sec. 21. NRS 232.400 is hereby amended to read as follows:
232.400 1. The purpose of the youth services [agency created by NRS 232.400 to 232.500, inclusive,] division in the department is to provide services for youth who are in need of residential care or in need of treatment or both. In accomplishing this purpose, the [agency] division shall work closely with other governmental agencies and with public and private agencies providing the same or similar service. The [agency,] division, through the department [of human resources, shall be] , is the sole state agency for the establishment of standards for the receipt of federal [funds] money in the field of juvenile development and delinquency prevention programs. The [agency] division shall develop standards for [implementation of] carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.
2. The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or have otherwise come into contact with law enforcement agencies. The administrator of the division is responsible for monitoring and evaluating the success of those programs.
Sec. 22. NRS 232.410 is hereby amended to read as follows:
232.410 As used in NRS 232.400 to 232.500, inclusive, unless the context requires otherwise:
1. Administrator means the administrator of the [youth services agency.] division.
2. [Agency means the youth services agency in the department of human resources.
3.] Board means the board for youth services. [agency advisory board.]
3. Division means the youth services division of the department.
Sec. 23. NRS 232.420 is hereby amended to read as follows:
232.420 [1.] The youth services [agency is hereby created within] division in the department [of human resources.
2. The agency shall consist] consists of an administrator and the following [divisions:
(a)] bureaus:
1. Nevada youth training center [division.
(b)] bureau.
2. Nevada girls training center [division.
κ1979 Statutes of Nevada, Page 879 (CHAPTER 463, AB 824)κ
(c)] bureau.
3. Northern Nevada childrens home [division.
(d)] bureau.
4. Southern Nevada childrens home [division.
(e) Community services division.] bureau.
5. Child care services bureau.
6. Youth parole bureau.
Sec. 24. NRS 232.440 is hereby amended to read as follows:
232.440 1. The administrator shall [:
1. Appoint,] appoint, with the approval of the director, a chief of each of the [divisions in the agency. The chief of the Nevada youth training center division shall be known] bureaus in the division. The chiefs are designated respectively as [the] :
(a) The superintendent of the Nevada youth training center; [, the chief of the Nevada girls training center divisions shall be known as the]
(b) The superintendent of the Nevada girls training center; [, the chief of the northern Nevada childrens home division shall be known as the]
(c) The superintendent of the southern Nevada childrens home; [, the chief of the southern Nevada childrens home division shall be known as the]
(d) The superintendent of the southern Nevada childrens home; [, and the chief of the community services division shall be known as the]
(e) The chief of the [community services division.] child care services bureau; and
(f) The chief of the youth parole bureau.
2. The administrator is responsible for the administration, through the [divisions of the agency,] bureaus of the division, of the provisions of chapters 210 and 423 of NRS and NRS 232.400 to 232.500, inclusive, and all other provisions of law relating to the functions of the [divisions of the agency,] bureaus of the division but [shall not be] is not responsible for the professional line activities of the [divisions] bureaus except as specifically provided by law.
Sec. 25. NRS 232.450 is hereby amended to read as follows:
232.450 1. The superintendents of the Nevada youth training center, the Nevada girls training center, the northern Nevada childrens home and the southern Nevada childrens home [shall:
(a) Be in] are:
(a) In the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case the superintendent affected [shall be] is in the classified service of the state pursuant to the provisions of [such] that chapter.
(b) [Receive] Entitled to receive annual salaries as determined pursuant to the provisions of NRS 284.182, unless a superintendent is in the classified service of the state, in which case his salary [shall,] must, unless otherwise fixed by law, by fixed pursuant to the provisions of chapter 284 of NRS.
2. The chief of the [community services division shall:
(a) Be in] child care services bureau and the chief of the youth parole bureau are:
κ1979 Statutes of Nevada, Page 880 (CHAPTER 463, AB 824)κ
(a) In the classified service of the state pursuant to the provisions of chapter 284 of NRS.
(b) [Receive an] Entitled to receive annual [salary in an amount] salaries in amounts fixed pursuant to the provisions of chapter 284 of NRS.
Sec. 26. NRS 232.460 is hereby amended to read as follows:
232.460 The chief of each [division of the agency] bureau of the division shall:
1. Administer the provisions of law relating to his [division,] bureau, subject to the administrative supervision of the administrator.
2. Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 27. NRS 232.480 is hereby amended to read as follows:
232.480 1. The board for youth services, [agency advisory board,] consisting of seven members appointed by the governor, is hereby created.
2. The governor shall appoint members who have an ability and interest in youth services and related programs. At least three of the members [shall] must be between the ages of 15 and 21.
3. No more than three members of the board may be residents of the same county.
4. The administrator is the executive secretary of the board.
Sec. 28. NRS 232.490 is hereby amended to read as follows:
232.490 1. The members of the board shall meet at such times and [such] places as they deem necessary, but a meeting of the board [shall] must be held at quarterly intervals.
2. The board shall adopt regulations for its own management and government, and it has only such powers and duties as may be authorized by law.
3. A majority of the members of the board constitutes a quorum, and such a quorum may exercise all the authority conferred on the board.
4. While engaged in official business of the [agency,] division, the members of the board are entitled to receive a salary of $40 and the per diem expense allowance and travel expenses provided by law.
Sec. 29. NRS 232.500 is hereby amended to read as follows:
232.500 The board [shall be an advisory body to the administrator and as such shall have] has the following [advisory] powers and duties:
1. To be informed on and interested in the entire field of legislation and administration concerning the care and delivery of services to, whether or not so adjudicated, delinquent youth and youth in need of services.
2. To advise the administrator concerning the organization and administration of the [agency] division or any of its [divisions.] bureaus. The administrator shall report to the board upon all matters concerning the administration of his office and he shall request the advice and counsel of the board on matters concerning the policy thereof, but the administrator [shall be] is responsible for the conduct and policies of the [agency] division and its administrative functions, unless otherwise provided by law.
κ1979 Statutes of Nevada, Page 881 (CHAPTER 463, AB 824)κ
3. To report to the governor and the legislature on all matters which it may deem pertinent to the [agency] division and concerning any specific matters previously requested by the governor.
4. To advise and make recommendations to the governor or legislature relative to the policy of the state concerning youth.
5. To advise the administrator with respect to the preparation and amendment of any [rules or] regulations to give effect to the provisions of chapters 210 and 423 of NRS and NRS 232.400 to 232.500, inclusive.
6. To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of chapters 210 and 423 of NRS and NRS 232.400 to 232.500, inclusive.
7. To keep minutes of the transactions of each board meeting, regular or special. [, which shall be public records and] The minutes must be filed with the department [.] and they are public records.
8. To adopt and maintain a program of public information as to the operation and needs of the [divisions] bureaus within the [agency.] division.
9. To establish policies for the northern Nevada childrens home and the southern Nevada childrens home.
10. To meet not less than four times per year with the superintendents of each of the childrens homes to discuss the operational problems of the childrens homes.
Sec. 30. 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] must not cost more than $6,000 as [the] its 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 $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] must not cost more than $10,000 as [the] its 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] must not cost more than $8,000 as [the] its entire purchase price, [thereof,] whether to be paid for entirely in money or 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] may 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,] department of prisons, two automobiles used by the Nevada girls training center, [and four] three automobiles used by the Nevada youth training center, [shall] and four automobiles used by the youth parole bureau of the youth services division of the department of human resources, must be labeled by painting the words State of Nevada and For Official Use Only thereon in plain lettering.
κ1979 Statutes of Nevada, Page 882 (CHAPTER 463, AB 824)κ
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,] department of prisons, two automobiles used by the Nevada girls training center, [and four] three automobiles used by the Nevada youth training center, [shall] and four automobiles used by the youth parole bureau of the youth services division of the department of human resources, must 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 provisions of this section is guilty of a misdemeanor.
Sec. 31. NRS 423.010 is hereby amended to read as follows:
423.010 As used in this chapter:
1. Administrator means the administrator of the youth services [agency] division in the department. [of human resources.]
2. Board means the [state welfare board.] board for youth services.
3. Department means the department of human resources.
4. Director means the director of the department. [of human resources.]
5. Superintendent means the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home.
Sec. 32. NRS 423.030 is hereby amended to read as follows:
423.030 The superintendents, subject to the administrative supervision of the administrator, shall administer the provisions of this chapter pursuant to the policies established by the [state welfare] board.
Sec. 33. NRS 423.070 is hereby amended to read as follows:
423.070 The superintendents, subject to the approval of the administrator, shall [have the power to] manage and administer the affairs of their respective childrens homes and [to] may establish rules for the operation of [such] the homes not inconsistent with any policies established by the [state welfare] board.
Sec. 34. NRS 423.100 is hereby amended to read as follows:
423.100 Each of the superintendents shall make a report before September 1 of each even-numbered year, covering the biennium ending June 30 of [such] that year, to the administrator and the [state welfare] board on the condition, operation and function of their respective childrens homes.
Sec. 35. NRS 432A.020 is hereby amended to read as follows:
432A.020 For purposes of this chapter:
1. [Administrator means the chief of the child care services division of the department of human resources.
2.] Board means the board for child care.
2. Bureau means the child care services bureau of the youth services division in the department.
3. Chief means the chief of the bureau.
4. Child care facility means an establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, for compensation, to five or more children under 18 years of age.
κ1979 Statutes of Nevada, Page 883 (CHAPTER 463, AB 824)κ
basis, during the day or overnight, for compensation, to five or more children under 18 years of age. Child care facility does not include:
(a) The home of a natural parent or guardian, foster home as defined in chapter 424 of NRS or maternity home; or
(b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility.
5. Department means the department of human resources.
[3.] 6. Director means the director of the department. [of human resources.
4. Division means the child care services division of the department of human resources.]
Sec. 36. NRS 432A.040 is hereby amended to read as follows:
432A.040 The [division] bureau shall:
1. Serve as a clearing house for information relating to child care.
2. Assist the director in all matters pertaining to child care services and programs.
3. Develop plans and conduct and arrange for research and demonstration programs in the field of child care.
4. Provide technical assistance and consultation to political subdivisions with respect to programs for child care.
5. Prepare, publish and disseminate educational materials dealing with child care.
6. Gather statistics in the field of child care which other federal and state agencies are not collecting.
7. Stimulate more effective use of existing resources and available services for child care.
Sec. 37. NRS 432A.050 is hereby amended to read as follows:
432A.050 The department [through the division] shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state pursuant to any federal law for the purposes of child care services and programs.
Sec. 38. NRS 432A.070 is hereby amended to read as follows:
432A.070 1. The [administrator] chief shall:
(a) [Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;
(b)] Establish appropriate administrative units within the [division;
(c)] bureau;
(b) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the [division;
(d)] bureau;
(c) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of [such] that year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
[(e)] (d) Make certification for disbursement of [funds] money available for carrying out the purposes of this chapter; and
κ1979 Statutes of Nevada, Page 884 (CHAPTER 463, AB 824)κ
[(f)] (e) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The [administrator] chief may delegate to any officer or employee of the [division] bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 39. NRS 432A.090 is hereby amended to read as follows:
432A.090 The [division is authorized to] bureau may comply with such requirements as may be necessary to obtain federal [funds] money in the maximum amount and most advantageous proportion possible.
Sec. 40. NRS 432A.100 is hereby amended to read as follows:
432A.100 1. The state treasurer is designated as custodian of all [moneys] money received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.
2. The state treasurer shall make disbursements [from such funds] of such money and from all state funds available for the purposes of this chapter upon certification by the designated official of the [division.] bureau.
Sec. 41. Chapter 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 42 to 56, inclusive, of this act.
Sec. 42. 1. The board for child care is hereby created.
2. The board consists of three members appointed by the administrator of the youth services division of the department with the concurrence of the director.
Sec. 43. 1. Of the members of the board appointed:
(a) One member must be licensed to practice a profession in the field of health care;
(b) One member may be selected from a list of nominees submitted by an organization which represents consumers or educators; and
(c) One member may be selected from a list of nominees submitted by an organization which represents persons who provide child care services.
2. All members must be selected on the basis of their experience and interest in child care services or programs.
3. Members of the board serve at the pleasure of the administrator, but no appointment may extend beyond 3 years from the date of expiration of the preceding appointment.
Sec. 44. 1. The board shall meet at least four times a year and may meet at such other times as the board deems necessary.
2. Each member of the board is entitled to receive:
(a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.
(b) The per diem expense allowance and travel expenses as provided by law for state officers.
Sec. 45. 1. The board shall adopt:
(a) Licensing standards for child care facilities.
(b) Such other regulations as it deems necessary or convenient to carry out the provisions of this chapter.
2. The board shall require that the practices and policies of each child care facility provide adequately for the protection of the health and safety and the physical, moral and mental well-being of each child accommodated in the facility.
κ1979 Statutes of Nevada, Page 885 (CHAPTER 463, AB 824)κ
child care facility provide adequately for the protection of the health and safety and the physical, moral and mental well-being of each child accommodated in the facility.
Sec. 46. 1. The board shall establish a policy providing for coordination among all interested public, private and commercial agencies or entities to foster their cooperation in the interests of:
(a) Improving the quality of child care services offered by each participating agency and entity.
(b) Ensuring continuity in the program of community child care for each family.
(c) Reaching the maximum number of families possible within available resources, with top priority given to low-income families.
(d) Increasing opportunities for developing staff competence and career development within and between cooperating agencies and entities.
(e) Developing the most efficient, effective and economical methods for providing services to children and families.
(f) Ensuring an effective voice by parents of children receiving child care in the policy for and direction of programs.
(g) Mobilizing the resources of the community in such a manner as to ensure maximum public, private and individual commitment to provide expanded child care.
2. Such a policy must be primarily concerned with the coordination of day care and preschool programs, and also be concerned with:
(a) Availability of other needed services for children in preschool or day care programs;
(b) Availability of needed services for children of school age; and
(c) Coordination of community services with preschool or day care programs.
Sec. 47. 1. Except as otherwise provided in subsection 2, the bureau is the sole agency with authority to license child care facilities.
2. Child care facilities in any county or incorporated city where the governing body has established a child care licensing agency and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the bureau. Such a licensing agency shall adopt such standards and other regulations as may be necessary for the licensing of child care facilities, and the standards and regulations:
(a) Must be not less restrictive than those adopted by the bureau.
(b) Take effect only upon their approval by the bureau.
Sec. 48. 1. If, after investigation, the bureau finds that the applicant is in full compliance with the provisions of this chapter and the standards and regulations adopted thereunder, the bureau shall issue to the applicant the license applied for.
2. The bureau shall charge and collect a fee for each license issued for a child care facility in an amount prescribed by regulation of the board.
3. A license so issued is effective for 1 year from the date of issuance.
4. A license applies only to the person named therein, is valid only for the premises described therein, and is not transferable.
Sec. 49. Each license issued by the bureau must contain:
κ1979 Statutes of Nevada, Page 886 (CHAPTER 463, AB 824)κ
1. The name of the person or persons authorized to operate the licensed facility;
2. The location of the licensed facility; and
3. The number of beds authorized in the licensed facility, the nature of services offered and the service delivery capacity.
Sec. 50. 1. The bureau may issue a provisional license, effective for a period not exceeding 1 year, to a child care facility which:
(a) Is in operation at the time of adoption of standards and other regulations pursuant to the provisions of this chapter, if the division determines that the facility requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and regulations; or
(b) Has failed to comply with the standards and regulations, if the bureau determines that the facility is in the process of making the necessary changes or has agreed to effect the changes within a reasonable time.
2. The provisions of subsection 1 do not require the issuance of a license or prevent the bureau from refusing to renew or from revoking or suspending any license in any instance where the bureau deems such action necessary for the health and safety of the occupants of any facility.
Sec. 51. The bureau may:
1. Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a child care facility. The facility is subject to inspection and approval as to fire safety standards, on behalf of the bureau, by the state fire marshal or his designate.
2. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of this chapter.
Sec. 52. Any duly authorized member or employee of the bureau may enter and inspect any building or premises of a child care facility at any time to secure compliance with or prevent a violation of any provision of this chapter.
Sec. 53. The bureau may deny an application for a license or may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of this chapter or of any other law of this state or of the standards and other regulations adopted thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
5. Failure of the applicant to obtain written approval from the director of the department or its office of health planning and resources, as required by NRS 439A.100, or as provided in any regulation adopted pursuant to this chapter.
Sec. 54. 1. When the bureau denies, suspends or revokes a license for a child care facility, the bureau shall afford reasonable notice to all parties by certified mail, which notice must contain the legal authority, jurisdiction and reasons for the action taken.
κ1979 Statutes of Nevada, Page 887 (CHAPTER 463, AB 824)κ
for a child care facility, the bureau shall afford reasonable notice to all parties by certified mail, which notice must contain the legal authority, jurisdiction and reasons for the action taken.
2. The aggrieved person may file notice of appeal with the chief within 10 calendar days after receipt of notice of action of the bureau.
3. Within 20 calendar days after the receipt of the notice of appeal, the chief shall hold a hearing.
4. Notice of the hearing must be given no less than 5 days before the date set for the hearing.
Sec. 55. Any person who operates a child care facility without a license issued by the bureau is guilty of a misdemeanor.
Sec. 56. 1. Except as provided in subsection 2 of section 47, of this act the bureau may bring an action in the name of the state to enjoin any person, state or local government unit or agency thereof from operating or maintaining any child care facility:
(a) Without first obtaining a license therefor; or
(b) After his license has been revoked or suspended by the bureau.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the facility without a license.
Sec. 57. 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.
Sec. 58. NRS 449.070 is hereby amended to read as follows:
449.070 The provisions of NRS 449.001 to 449.240, inclusive, do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of [such] the church or denomination, but such [facilities shall] a facility must comply with all [rules and] regulations relative to sanitation and safety applicable to other facilities of similar category.
2. [Child care facilities in any county or incorporated city where the governing body has established a child care licensing agency and enacted an ordinance requiring that child care facilities be licensed by such county or incorporated city. Such licensing agency shall adopt such standards, rules and regulations as may be necessary for the licensing of child care facilities, which standards, rules and regulations shall be not less restrictive than those adopted by the state board of health and shall take effect upon their approval by the state board of health.
3.] Foster homes as defined in NRS 424.010.
[4.] 3. Any health and care facility operated and maintained by the United States Government or a duly authorized agency thereof.
Sec. 59. NRS 449.450 is hereby amended to read as follows:
449.450 The following terms, wherever used or referred to in NRS 449.440 to 449.530, inclusive, have the following meaning unless a different meaning clearly appears in the context:
κ1979 Statutes of Nevada, Page 888 (CHAPTER 463, AB 824)κ
1. Commissioner means the commissioner of insurance.
2. Health and care facility means any person, institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness and provides beds for inpatient care. The term includes but is not limited to hospitals, convalescent care facilities, nursing care facilities, detoxification centers and all specialized medical health care facilities. [, but does not include child care facilities as defined in NRS 449.003.]
Sec. 60. NRS 232.470, 423.040 and 449.003 are hereby repealed.
Sec. 61. Section 57 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 346Assemblymen Stewart, Hayes, Fielding, Craddock, Polish, Horn and Sena
CHAPTER 464
AN ACT relating to the department of prisons; requiring the establishment of programs for the training and employment of most offenders; creating an offenders store fund and a prison industries enterprise fund; and providing other matters properly relating thereto.
[Approved May 23, 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:
1. The prison industry fund is hereby created as an enterprise fund to receive all revenues derived from programs for vocational training and employment of offenders.
2. Subject to the approval of the state board of examiners, the director may expend money deposited in this fund for the promotion and development of these programs.
Sec. 2. NRS 209.111 is hereby amended to read as follows:
209.111 The board has full control of all grounds, buildings, labor, and property of the department, and shall:
1. Purchase, or cause to be purchased, all commissary supplies, materials and tools necessary for any lawful purpose carried on at any institution of the department.
2. [Sell all manufactured articles and collect the money for their sale.
3. Contract with tax-supported, nonprofit government agencies for any labor of offenders and collect money therefor. All state agencies shall cooperate with the department in carrying out the provisions of this subsection to the extent consistent with their other lawful duties.
4.] Regulate the number of officers and employees of the department.
[5.] 3. Prescribe regulations for carrying on the business of the board and the department.
κ1979 Statutes of Nevada, Page 889 (CHAPTER 464, AB 346)κ
Sec. 3. NRS 209.221 is hereby amended to read as follows:
209.221 1. The offenders store fund is hereby created as a trust fund. All money received for the benefit of offenders through contributions, [percentages from sales of goods manufactured by the offenders,] and from other sources not otherwise required to be deposited in another fund, [shall] must be deposited in the offenders store fund.
2. The director shall:
(a) Deposit the offenders store fund in one or more banks of reputable standing;
(b) Keep, or cause to be kept, a full and accurate account of the fund; [and]
(c) Submit reports to the board relative to money in the fund as may be required from time to time [.] ; and
(d) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.
3. Money in the offenders store fund [shall] must be expended for the welfare and benefit of all offenders.
Sec. 4. NRS 209.461 is hereby amended to read as follows:
209.461 1. [The director shall make available appropriate employment opportunities and work experience for inmates based on the results of a classification evaluation. To the greatest extent possible, equipment, management practices and general procedures should approximate the normal conditions of employment in the community.
2. The department, through the director and with the approval of the board, may make contractual arrangements for the use of an offenders labor by other units of government or for purposes of training in actual employment when evidence is available that such employment will contribute to the process of preparing the offender for lawful and productive community living.
3. Offenders may be compensated at rates fixed by the director and approved by the board for work performed.
4. The department may grant the prisoner the privilege of leaving the institution during necessary and reasonable hours for the purposes set forth in subsections 1 and 2.
5. The director shall establish administrative and fiscal procedures to permit the use of approved regional or community institutions for the placement of offenders approved for the purposes set forth in subsections 1 and 2.] The director, with the approval of the board, shall establish and carry out a program for vocational training and employment of offenders in services and manufacturing conducted by institutions of the department or by private employers. The director shall:
(a) To the greatest extent possible, establish facilities which approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
κ1979 Statutes of Nevada, Page 890 (CHAPTER 464, AB 346)κ
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders or lease space or facilities within the institutions to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. The director may first deduct from the wages of any offender such amounts as the director deems reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.
2. The director, with the approval of the board, may:
(a) Equip and operate facilities for services and manufacturing by offenders.
(b) Employ craftsmen and other personnel to supervise and instruct offenders.
(c) Contract with government agencies and private employers for employment of offenders.
(d) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(e) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
(f) Grant to reliable offenders the privilege of leaving institutions of the department at certain times for the purpose of vocational training or employment.
Sec. 5. Section 3 of this act shall become effective at 12:02 a.m. on July 1, 1979.
________
Senate Bill No. 333Senator Gibson
CHAPTER 465
AN ACT relating to fish and game; changing the name of the Nevada department of fish and game to the department of wildlife; changing the name of the state board of fish and game commissioners to the board of wildlife commissioners and reducing the number of its members; eliminating the fish and game fund and the fish and game reserve fund and creating the wildlife account in the state general fund; transferring certain functions to the state land registrar; changing the procedure for allocation of revenue from taxes on fuel used in watercraft; and providing other matters properly relating thereto.
[Approved May 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 501.020 is hereby amended to read as follows:
501.020 As used in this Title, commission means the [state board of fish and game] board of wildlife commissioners.
Sec. 2. NRS 501.027 is hereby amended to read as follows:
501.027 As used in this Title, department means the [Nevada department of fish and game.] department of wildlife.
Sec. 3. NRS 501.029 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 891 (CHAPTER 465, SB 333)κ
501.029 As used in this Title, director means the director of the [Nevada department of fish and game.] department of wildlife.
Sec. 4. NRS 501.167 is hereby amended to read as follows:
501.167 [The state board of fish and game] The board of wildlife commissioners, consisting of [nine] seven members appointed by the governor, is hereby created.
Sec. 5. NRS 501.171 is hereby amended to read as follows:
501.171 1. The governor shall appoint: [nine members who have demonstrated an active interest in wildlife affairs for not less than 5 years.]
(a) One member who is actively engaged in the conservation of wildlife;
(b) One member who is actively engaged in farming;
(c) One member who is actively engaged in ranching;
(d) Two members who represent the interests of sportsmen; and
(e) Two members who represent the interests of the general public.
2. Not more than two members may be from the same county.
[2.] 3. The commission shall select a chairman from among its members.
Sec. 6. NRS 501.177 is hereby amended to read as follows:
501.177 1. The commission shall hold regular meetings monthly at the headquarters [office] of the department or at such other locations as the commission may designate.
2. Special meetings of the commission may be held at such times and places as [may be deemed necessary and] the commission deems proper.
3. [Five] Four members of the commission [shall] constitute a quorum for the transaction of any [and all] business which may come before the commission.
Sec. 7. NRS 501.179 is hereby amended to read as follows:
501.179 1. Members of the commission are entitled to receive $40 per day while performing official duties for the commission, plus the per diem allowance and travel expenses provided by law.
2. Compensation and expenses [shall] must be paid from the [fish and game fund.] wildlife account within the state general fund.
Sec. 8. NRS 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons [and property] using or property used in the operation of vessels on the waters of the state.
(c) The promotion of uniformity of laws relating to such policy matters.
[(d) The designation of fish and game wardens and for their training.]
2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. [Cover by such established policies the following areas of interest, but coverage is not necessarily limited to the following:] Establish policies for areas of interest including:
κ1979 Statutes of Nevada, Page 892 (CHAPTER 465, SB 333)κ
(a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife [,] ; the entry, access to, and occupancy and use of such property, including leases of grazing rights [,] ; sale of agricultural [and timber] products; [or exploration for or extraction of minerals, oil, gas or thermal power on lands controlled by the department under cooperative agreements or owned or leased by the department.] and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(d) The control of nonresident hunters.
(e) The introduction, transplanting or exporting of wildlife.
(f) Cooperation with federal, state and local agencies on wildlife and boating programs.
(g) The establishment and operation of private and commercial game farms, hunting preserves, hatcheries and guide services.
(h) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including: [but not limited to the following:]
(a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. Such regulations [shall] must be established after first considering the recommendations of the department, the county game management boards and others who wish to present their views at [the] an open meeting. [as provided by law.]
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) [Nonresident quotas] The number of licenses issued to nonresidents for big game and, if necessary, [quotas for] other game species for the regular and special seasons. [The opening and closing dates of such seasons shall not discriminate between residents and nonresidents, but nonresident hunting seasons may be created by the commission by periods.]
5. Adopt regulations requiring the department to make public, prior to official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
κ1979 Statutes of Nevada, Page 893 (CHAPTER 465, SB 333)κ
agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
Sec. 8.5. NRS 501.303 is hereby amended to read as follows:
501.303 1. County boards shall submit season recommendations on fishing and hunting, which [shall] must be considered by the commission in its deliberation on and establishment of regulations covering open or closed seasons, bag limits and hours. [, and which may be overruled by the commission by a majority vote of the full commission only.]
2. The chairman or county board member appointed by him shall attend commission meetings at which seasons are set or bag limits or hours established and is entitled to receive such travel and per diem expenses as are allowed by law.
Sec. 9. NRS 501.320 is hereby amended to read as follows:
501.320 1. Annually, not later than May 1, each county board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for the preservation and propagation of fish and game within its county, and submit the [same] budget to the commission accompanied by a statement of the previous years expenditures, certified by the county auditor.
2. The commission shall examine the budget in conjunction with its technical adviser, and may increase, decrease, alter or amend the [same.] budget.
3. Upon approval of the budget, the department shall transmit a copy of the approved budget to the county board, and at the same time withdraw from the [fish and game fund] wildlife account within the state general fund and transmit to the county board the sum of money required under the approved budget for disposition by the county board in accordance with the approved budget. All money so received [shall] must be placed in the county fish and game fund.
Sec. 10. NRS 501.331 is hereby amended to read as follows:
501.331 There is hereby created the [Nevada department of fish and game,] department of wildlife, which shall administer the [fish and game] wildlife laws of this state and chapter 488 of NRS.
Sec. 11. NRS 501.333 is hereby amended to read as follows:
501.333 1. [The commission] From among three or more nominees of the commission, the governor shall appoint a director of the department, who [shall be] is its chief administrative officer. [He is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] The director serves at the pleasure of the governor.
2. The governor shall select as director a person having an academic degree in the management of wildlife or a closely related field, substantial experience in the management of wildlife and a demonstrated ability to administer a major public agency.
3. The director [shall be] is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
[3. The director shall:
(a) Be a graduate from a recognized school in the field of fish and game, resources management or a closely related field.
κ1979 Statutes of Nevada, Page 894 (CHAPTER 465, SB 333)κ
(b) Possess at least 5 years experience in the field of resources management.]
Sec. 12. NRS 501.337 is hereby amended to read as follows:
501.337 The director shall:
1. [Implement] Carry out the policies and regulations of the commission.
2. Direct and supervise all administrative and operational activities of the department, and all programs administered by the department as provided by law. He shall devote his entire time to the duties of his office and shall not follow [no] any other gainful employment or occupation.
3. Within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organizations and reassign responsibilities and duties as he may deem appropriate.
4. Appoint or remove, pursuant to the provisions of chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require, and all such employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The director shall designate a number of such employees as fish and game wardens [.
5. Submit a biennial report to the governor, the legislature and the commission of the work of the department, with recommendations that he deems necessary. The report shall set forth the facts relating to the condition of the wildlife, boating and related matters in the State of Nevada.
6.] and provide for their training.
5. Submit technical and other reports to the commission as may be necessary or as may be requested, which will enable the commission to establish policy and regulations.
[7.] 6. Approve the biennial budget of the department consistent with the provisions of this Title and chapter 488 of NRS.
[8. Have full control of and be responsible for, through proper inventory control, all]
7. Administer real property assigned to the department.
8. Maintain full control, by proper methods and inventories, of all personal property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.
9. Act as nonvoting secretary to the commission.
Sec. 13. NRS 501.339 is hereby amended to read as follows:
501.339 The director may:
1. In cases of emergency, with the prior approval of the governor, exercise the powers of the commission until such time as the commission [shall meet] meets or the emergency [end. It is expressly provided that no expenditure or commitment over $2,500 may be made without advance approval of the commission.] ends.
2. Designate an employee or employees of the department to act as his deputy or deputies. In the directors absence or inability to discharge the powers and duties of his office, [such] the powers and duties [shall vest and be imposed] devolve upon his deputy or deputies.
κ1979 Statutes of Nevada, Page 895 (CHAPTER 465, SB 333)κ
3. Designate persons outside the department as fish and game wardens if, in his opinion, the need for such [is established, provided they are designated] designations exists and if the designations are made in accordance with the policy controlling such designations established by the commission.
Sec. 14. NRS 501.341 is hereby amended to read as follows:
501.341 [1.] The headquarters [office] of the department [shall] must be maintained at Reno. Other offices may be established throughout the state in number and location as will, in the opinion of the director, provide an efficient departmental operation.
[2. The director may enter into such leases and other agreements as may be necessary for the establishment of such offices. Such leases shall be executed with the assistance of the buildings and grounds division of the department of general services as provided by law.]
Sec. 15. NRS 501.343 is hereby amended to read as follows:
501.343 The department may:
1. Collect and disseminate, throughout the state, information calculated to educate and benefit the people of the state regarding wildlife and boating, and information pertaining to any program administered by the department.
2. Publish wildlife journals and other official publications, for which a specific charge may be made, such charge to be determined by the commission, with the proceeds to be deposited in the [fish and game fund. No charge shall be made for publications required by commission regulation.] wildlife account within the state general fund. No charge may be made for any publication required by a regulation of the commission.
Sec. 16. NRS 501.351 is hereby amended to read as follows:
501.351 1. The [department is authorized to] director, with the prior approval of the commission, may enter into cooperative or reciprocal agreements with the Federal Government or any agency thereof, adjoining states or any agency thereof, any other agency of this state, any county or other political subdivision of this state, to the extent permitted by the provisions of chapter 277 of NRS, any public or private corporation, or any person, for the purpose of [implementing commission policy.] carrying out the policy of the commission.
2. Such agreements [shall] do not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.
Sec. 17. NRS 501.354 is hereby amended to read as follows:
501.354 The department shall receive, deposit and expend all [moneys] money provided by law for the administration of this Title and of chapter 488 of NRS, pursuant to the authority contained in NRS 501.356 [and 501.358] and in accordance with [commission] the commissions policy.
Sec. 18. NRS 501.356 is hereby amended to read as follows:
501.356 1. [There is hereby created the fish and game fund, which shall be kept in the state treasury as a special revenue fund, and, subject to the provisions of subsection 2, consists of all money received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075 and NRS 488.1793, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and money from all other sources as provided by law, including appropriations made by the legislature.
κ1979 Statutes of Nevada, Page 896 (CHAPTER 465, SB 333)κ
and NRS 488.1793, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and money from all other sources as provided by law, including appropriations made by the legislature.
2. Revenue from the sale of licenses, NRS 488.075, 488.1793, 365.535 and all other sources except appropriations, gifts, grants and federal payments shall if received prior to June 30 of the year earned, and may if received subsequent to June 30 of the year earned, be deposited at interest with the written approval of the state board of finance in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred periodically, commencing at the beginning of each fiscal year, to the state treasurer for the use of the department during that fiscal year. Appropriations, gifts, grants and federal payments when received shall be deposited in the state treasury to the credit of the fish and game fund.
3. The department may use so much of any such available money as may be necessary for:
(a) The payment of the expenses of protecting, propagating, restoring, introducing, transplanting and managing of wildlife in or into this state.
(b) The payment of the expenses incurred in the administration and enforcement of the provisions of this Title.
(c) The acquisition of lands, water rights, easements and other property for the protection, management and propagation of wildlife in this state.
(d) The payment of the expenses incurred in the development, maintenance, operation and repair of wildlife installations and facilities.
(e) All other necessary expenses to effect and aid in the enforcement and administration of this Title, including such other acts of expenditure as may be found to be urgent and necessary to assist and effect control in the propagation, protection and management of wildlife and wildlife management areas.
(f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the department pursuant to the provisions of NRS 365.535 and 488.075 and NRS 488.1793.
4. All money in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use.] Money received by the department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1793;
(c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;
(d) Appropriations made by the legislature; and
(e) All other sources,
must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
2. The department may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS, and the money must not be diverted to any other use.
κ1979 Statutes of Nevada, Page 897 (CHAPTER 465, SB 333)κ
Sec. 19. NRS 501.361 is hereby amended to read as follows:
501.361 A petty cash [fund] account in the amount of [$150] $300 for the payment of minor expenses of the department is hereby created. [Such fund shall] The account must be kept in the custody of an employee designated by the director and [shall] must be replenished periodically from the [fish and game fund] wildlife account in the state general fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.
Sec. 20. NRS 501.363 is hereby amended to read as follows:
501.363 A change [fund] account in the amount of [$200] $300 is hereby created. [Such fund shall] The account must be kept in the custody of an employee designated by the director and [shall be] used for the making of change incidental to the business of the department.
Sec. 21. NRS 501.375 is hereby amended to read as follows:
501.375 1. Every game warden throughout the state, and every sheriff and constable in his respective county [is authorized and required to] shall enforce this Title and [to] seize any wildlife taken or held in possession in violation of this Title.
2. [Such officer shall have full power and authority:] Such an officer may:
(a) With or without a warrant, [to open, enter or examine] conduct a reasonable search of any camp, structure, aircraft, [boat,] vessel, vehicle, box, game bag or other package where he has reason to believe any wildlife taken or held in violation of any of the provisions of this Title is to be found, and [to seize the same.] , for the purpose of such a search, may detain any aircraft, vessel or vehicle for a reasonable time.
(b) [To seize and hold for evidence only any wildlife so found and any guns, ammunition, traps, snares, tackle and other illegal devices or equipment, when it appears] Seize, and hold only for evidence, any such wildlife and any gun, ammunition, trap, snare, tackle, or other device or equipment whose presence indicates that a violation of this Title has occurred.
3. A dwelling house [can be entered for examination] may be searched only in pursuance of a warrant.
Sec. 22. NRS 501.379 is hereby amended to read as follows:
501.379 It is unlawful for any person to sell, or expose for sale, to barter, trade or purchase, or attempt to sell, barter, trade or purchase, any species of game animals or game birds or protected species of wildlife, or parts thereof, except as provided in this Title; but the sale of the hide, head, antlers or horns, or other nonedible parts of game animals which were legally killed is permitted. The importation and sale of game animals or game birds or parts thereof is not prohibited [, provided such] if the importation is from a licensed commercial game [breeders or processors] breeder or processor outside the state.
Sec. 23. NRS 501.385 is hereby amended to read as follows:
501.385 [1. Every person who shall violate any of the provisions of this Title is guilty of a misdemeanor.
2. Every person charged with the performance of any act or duty under the provisions of this Title who shall willfully fail, refuse or neglect to perform any such act or duty at the time and in the manner directed by this Title is guilty of a misdemeanor.
κ1979 Statutes of Nevada, Page 898 (CHAPTER 465, SB 333)κ
to perform any such act or duty at the time and in the manner directed by this Title is guilty of a misdemeanor.
3. Every person required to do or perform any act as a condition precedent to the privileges of this Title who shall willfully fail, refuse or neglect to do or perform any such act is guilty of a misdemeanor.
4. Every person doing any act or thing prohibited in this Title or declared to be unlawful is guilty of a misdemeanor.
5. Every person who shall obstruct, hinder, delay or otherwise interfere with any officer or employee of, or person acting under the direction of the commission in the performance of any duty while enforcing or attempting to enforce any of the provisions of this Title is guilty of a misdemeanor.
6. Every person who shall violate or fail to observe any order, ordinance, rule or regulation enacted, made or promulgated by the commission under the provisions of this Title is guilty of a misdemeanor.
7. Every person who, having been granted, licensed or permitted to do any act or thing under the provisions of this Title, shall exercise such grant, license or permit in any manner other than as specified in such grant, license or permit is guilty of a misdemeanor.
8. Every person who shall do any act or thing or attempt to do any act or thing declared to be unlawful in this Title is guilty of a misdemeanor.
9.] Any person who:
1. Performs an act or attempts to perform an act made unlawful or prohibited by a provision of this Title;
2. Willfully fails to perform an act required of him by a provision of this Title;
3. Obstructs, hinders, delays or otherwise interferes with any officer, employee or agent of the department in the performance of any duty while enforcing or attempting to enforce any provision of this Title;
4. Violates any order issued or regulation adopted by the commission under the provisions of this Title; or
5. Having been granted a privilege or been licensed or permitted to do any act under the provisions of this Title, exercises the grant, license or permit in a manner other than as specified therein,
is guilty of a misdemeanor.
6. Except as otherwise specifically provided in this Title, every person who is guilty of a misdemeanor under this Title shall [, upon conviction thereof,] be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 24. NRS 501.389 is hereby amended to read as follows:
501.389 1. Equipment seized as evidence in accordance with NRS 501.375 and not recovered by the owner within 1 year from the date of seizure may be kept under the control of the court until July 1 or December 31 next following and then sold at public auction sale to the highest bidder by the justice of the peace or other judicial officer.
2. Before any such sale, notice of the time and place thereof [shall] must be given by publication in a newspaper published nearest to the place of sale and by posting three notices, one at the courtroom of the court and the others in conspicuous public places. Such [notices shall] a notice must be published at least once and posted [at a time] no less than 10 days before the date of sale.
κ1979 Statutes of Nevada, Page 899 (CHAPTER 465, SB 333)κ
a notice must be published at least once and posted [at a time] no less than 10 days before the date of sale.
3. [The proceeds of such sales shall be subject to the constitutional provisions respecting fines and forfeitures.
4.] Any person of lawful age and [not an alien] lawfully entitled to reside in the United States may purchase [any such] the equipment, whether a prior owner or not.
Sec. 25. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this Title, vessel means every kind of watercraft, other than a seaplane on the water, which is used or capable of being used as a means of transportation on water.
Sec. 26. NRS 502.010 is hereby amended to read as follows:
502.010 1. Every person who hunts or traps any of the wild birds or animals or who fishes without having first procured a license or permit [therefor,] to do so, as provided in this Title, [shall be] is guilty of a misdemeanor [; provided:] , except that:
(a) No license to hunt or fish [shall be required of residents of this state who have not yet attained their 12th birthday,] is required of a resident of this state who is under 12 years of age, unless required for the issuance of tags as prescribed in this Title or by the regulations of the commission.
(b) No license to fish [shall be required of nonresidents] is required of a nonresident of this state who [have not yet attained their 12th birthday,] is under 12 years of age, but the number of fish taken by such [nonresidents shall] a nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.
(c) It is unlawful for any child who [has not yet attained his 14th birthday] is under 14 years of age to hunt any of the wild birds or animals with any firearm, unless [such] the child is accompanied at all times by an adult person licensed to hunt.
(d) No child under 12 years of age, whether accompanied by a qualified person or not, [shall] may hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.
2. This section [shall] does not apply to the protection of persons or property from unprotected wild birds or animals on or in the immediate vicinity of home or ranch premises.
Sec. 27. NRS 502.040 is hereby amended to read as follows:
502.040 1. The commission shall [provide rules and] adopt regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting [funds] money to the department, and the manner of accounting for licenses, tags, stamps and permits received, issued sold or returned. A license agents authority may be revoked or suspended by the department for his failure to abide by the [rules and] regulations of the commission. The agent may appeal to the commission for reinstatement.
2. A license agent designated by the department [shall be] is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able [to determine,] , for ensuring that no licenses [shall be] are issued upon the false statement of an applicant.
κ1979 Statutes of Nevada, Page 900 (CHAPTER 465, SB 333)κ
of an applicant. [Prior to] Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and shall require of all applicants exhibition to him of proof of their identity and residence.
3. License agents shall be required to furnish bond to the department for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for such bonds [shall] must be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium [shall] must be paid from the [fish and game fund.] wildlife account in the state general fund.
4. A license agent is responsible to the department for the collection of the correct and required fee, for the safeguarding of the [moneys] money collected by him, and for the prompt remission to the department for deposit in accordance with NRS 501.356 of all [moneys] money collected. The department shall furnish to the license agent receipts for all [moneys remitted] money which he remits to the department. [by such license agent.] A license agent shall furnish a receipt to the department of all licenses, tags, stamps or permits [received from] which he receives from the department. [by such license agent.]
5. A license agent is entitled to a service fee for each license, tag, stamp or permit [sold by such agent.] which he sells. The service fee [shall] must be set by the commission and [shall] must not exceed:
(a) Twenty-five cents for each license, tag or permit; and
(b) Ten cents for each stamp or similar document issued which does not require completion by [such] the agent.
6. All [moneys] money collected by a license agent, except service fees collected pursuant to subsection 5, [are public moneys] is public money of the State of Nevada, and the state [shall have] has a prior claim for the amount of [moneys] money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of [these moneys] this money for private or business transactions [shall be deemed to be] is a misuse of public funds and punishable under the laws provided.
Sec. 28. NRS 502.200 is hereby amended to read as follows:
502.200 It [shall be] is unlawful for any nonresident [or alien] hunter:
1. To obtain tags for more than one management area in regular season.
2. To use tags in any management area or at any time other than at the time and place intended.
Sec. 29. NRS 502.310 is hereby amended to read as follows:
502.310 All [funds derived] money from the sale of state pheasant stamps and state duck stamps must be deposited in the [fish and game fund.] wildlife account in the state general fund. The department shall maintain a state pheasant stamp account and state duck stamp account to permit separate accounting records for the receipt and expenditure of [funds derived] money from the sale of state pheasant and duck stamps. An amount not to exceed 10 percent of such [funds] money may be used to reimburse the department for the cost of administering the state pheasant stamp and state duck stamp programs.
κ1979 Statutes of Nevada, Page 901 (CHAPTER 465, SB 333)κ
pheasant stamp and state duck stamp programs. This account is in addition to compensation allowed person authorized to issue and sell licenses.
Sec. 30. NRS 502.330 is hereby amended to read as follows:
502.330 1. No hunting license [shall] may be issued to any person under the age of 21 unless he presents to the department, or one of its authorized license agents, either:
(a) Satisfactory proof that he has held a hunting license issued by a department of [fish and game; or] wildlife;
(b) A certificate of competency as provided by NRS 502.340; or
(c) Satisfactory proof that he has successfully passed a hunter safety gun-training course, or [he] has successfully completed other training equivalent of that provided in NRS 502.340 for a certificate of competency.
2. All persons 16 years of age and under, otherwise eligible to be licensed, upon applying for any hunting license in this state, must present a certificate of competency.
3. Any person who has been convicted of violating NRS 503.165 or 503.175 [shall] must not be issued a hunting license until he has successfully completed a course in safe firearms handling conducted pursuant to NRS 502.340.
Sec. 31. NRS 502.350 is hereby amended to read as follows:
502.350 The commission may establish a fee [not to exceed] of not more than $2 to be assessed upon each person obtaining instruction in the safe handling of firearms. [Such funds shall] The fees must be deposited in the [fish and game fund to be expended to cover costs of instruction.] wildlife account in the state general fund.
Sec. 32. NRS 503.245 is hereby amended to read as follows:
503.245 [Notwithstanding any other provision of this Title, hunting] Hunting by nonresidents of this state for upland game birds or one or more species of such class may be [limited by quota or] forbidden or the number of licenses for such birds issued to nonresidents limited by the commission in any county, counties or in any portion of a county.
Sec. 33. NRS 503.587 is hereby amended to read as follows:
503.587 The commission shall [utilize the land acquisition authority vested in it by chapter 504 of NRS and its land management authority] use its authority to manage land to carry out a program for conserving, protecting, restoring and propagating selected species of native fish, wildlife and other vertebrates and their habitats which are threatened with extinction and destruction.
Sec. 34. NRS 504.147 is hereby amended to read as follows:
504.147 1. The department may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:
(a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and to real property which [it owns, holds by reason of leases or controls by reason of any other legal agreement.] is assigned to the department for administration.
(b) Sell [the timber and all other] crops or agricultural products of whatever kind produced on such real property.
2. Except as provided in subsection 3, whenever the department intends to lease grazing or pasturage rights or to sell or offer for sale [timber or any] agricultural products as provided in subsection 1, the department [shall] may do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.
κ1979 Statutes of Nevada, Page 902 (CHAPTER 465, SB 333)κ
intends to lease grazing or pasturage rights or to sell or offer for sale [timber or any] agricultural products as provided in subsection 1, the department [shall] may do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.
3. [Notwithstanding any other provisions of this section, the] The department may enter into such a lease with or make such a sale to a state agency without advertising for bids if the rent agreed to be paid for [such] the lease or the sale price agreed to be paid for any [timber or] agricultural commodities to be sold is, in the opinion of the department, equal to the amount that would be obtained by advertising for bids.
4. If the department finds that the highest or best bid is less than the amount that should be paid, the department may reject all bids and negotiate with interested persons for such lease or sale, but [in no event] shall not accept any negotiated price [be accepted if] if it is less in amount than the highest bid [therefor] tendered for the same lease or sale.
5. If the [department has purchased real property and the deed therefor] deed to real property assigned to the department for administration contains a covenant or provision giving to the grantor an option to meet the highest bid for any lease by the department of grazing or pasturage rights to [such] the real property or the sale of [timber or] agricultural products from [such real property,] it, the department shall comply with the terms of [such] the covenant or provision in the deed.
[6. Subject to the provisions of subsection 8, the department may enter into a lease or leases with the highest responsible bidder for the extraction of minerals, oil, gas and other hydrocarbons for a term of 20 years, and for so long thereafter as the lessees continue mining, drilling or continue to produce oil in commercial quantities. The compensation to be paid for such leases may be either:
(a) An agreed amount; or
(b) Based upon a royalty basis; or
(c) An agreed amount plus a royalty payment based upon units of production.
7. Subject to the provisions of subsection 8, the department shall have the same authority to lease or sell thermal power as is provided in this section, but the department may, in its discretion, enter into leases for the production of thermal power for terms not exceeding 99 years.
8. Any lease or leases executed pursuant to the provisions of subsections 6 or 7 shall, before becoming effective, be approved by the governor.]
Sec. 35. 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;
κ1979 Statutes of Nevada, Page 903 (CHAPTER 465, SB 333)κ
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 enforcment 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] department of wildlife when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS;
23. Security officers of the legislature of the State of Nevada when carrying out duties prescribed by the legislative commission;
24. Group supervisors of the Nevada girls training center and the Nevada youth training center when carrying out any duties prescribed by the superintendents of their respective institutions; [and]
25. Security officers employed by a city or county when carrying out duties prescribed by ordinance [.] ; and
26. Security officers of the buildings and grounds division of the department of general services when carrying out duties prescribed by the director of the department of general services.
κ1979 Statutes of Nevada, Page 904 (CHAPTER 465, SB 333)κ
department of general services when carrying out duties prescribed by the director of the department of general services.
Sec. 36. NRS 231.130 is hereby amended to read as follows:
231.130 The director shall not interfere with the functions of any other state agencies but [shall] must be furnished from time to time, on request, with data and other information from such agencies records bearing on all matters relative to the objectives of the department. It is expected that the director shall avail himself of the records and assistance of the state public works board, the employment security department, the oil, gas and mining board and the bureau of mines and geology, the state forester firewarden, the state department of agriculture, the department of highways, the [Nevada department of fish and game,] department of wildlife, the state engineer, the chief of the budget division of the department of administration and the state board of finance, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.
Sec. 37. NRS 232.152 is hereby amended to read as follows:
232.152 1. The governor shall appoint 13 members of the committee as follows:
(a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity:
(1) Oil, gas and mining board.
(2) Central committee of Nevada state grazing boards.
(3) Nevada League of Cities.
(4) State board of agriculture.
(5) [State board of fish and game] Board of wildlife commissioners.
(6) State conservation commission.
(7) State environmental commission.
(8) Land use planning advisory council.
(9) State park advisory commission.
(10) Nevada association of county commissioners.
(b) Each of three members shall be appointed to represent respectively the interests of each of the following:
(1) Railroads and utilities.
(2) Sportsmen.
(3) Off-road vehicle enthusiasts.
2. The committee shall select one of its members to serve as chairman. The assistant director provided for in NRS 232.157 shall serve as secretary but [shall have] has no vote.
Sec. 38. The section added to chapter 233F of NRS by section 3 of Senate Bill No. 475 of the 60th session of the Nevada legislature is hereby amended to read as follows:
Sec. 3. 1. The provisions of sections 2 to 5, inclusive, of this act, do not apply to the department of highways, the department of conservation and natural resources, the [Nevada department of fish and game,] department of wildlife, the Nevada military department and the state civil defense and disaster agency, but subject to the provisions of sections 2 to 5, inclusive, of this act, [such] those departments, officers and agencies may utilize the services of the communications subdivision.
κ1979 Statutes of Nevada, Page 905 (CHAPTER 465, SB 333)κ
the provisions of sections 2 to 5, inclusive, of this act, [such] those departments, officers and agencies may utilize the services of the communications subdivision.
2. The communications subdivision shall provide all other state agencies with all of their required communications repair and maintenance services.
3. If the demand for services is in excess of the capability of the subdivision to supply [such] those services, the coordinator of communications shall contract with other agencies or independent contractors to furnish the required service and is responsible for the administration of such contracts.
Sec. 39. NRS 244.305 is hereby amended to read as follows:
244.305 1. The boards of county commissioners of the several counties may acquire by purchase, contracts of purchase, which may or may not extend beyond their respective terms of office, gift, or in any other manner, parcels of land for park, recreational and memorial purposes.
2. For the purpose of acquiring such parcels of land the boards of county commissioners may use any unexpended [moneys] money remaining in any county fund, except bond interest and redemption funds. [and fish and game funds.] The boards may, in addition thereto, fix a yearly rate as a part of the county budget for the purpose of paying for the lands and the expense incidental to acquiring the same.
Sec. 40. NRS 244.306 is hereby amended to read as follows:
244.306 1. The boards of county commissioners of the several counties, in addition to the powers now conferred upon them by law, [are authorized and empowered to] may operate and maintain swimming pools and other public recreational centers when [the same] they have been acquired by gift to the county.
2. For the purpose of operating and maintaining such swimming pools or other public recreational centers the boards of county commissioners may use any unexpended [moneys] money remaining in any county fund, except bond interest and redemption funds. [and fish and game funds.] The use and transfer of any such unexpended funds [shall] must be in conformance with chapter 354 of NRS relating to the transfer of funds by counties. The boards may, in addition thereto:
(a) Provide in their annual county budgets for the expense of such operation and maintenance and levy a tax therefor.
(b) Make charges for the use by the public of any swimming pools or public recreational centers acquired pursuant to this section.
Sec. 41. (Deleted by amendment.)
Sec. 42. Chapter 321 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state land registrar, after consultation with the division of forestry of the state department of conservation and natural resources, may:
1. Sell timber from any land owned by the State of Nevada which is not assigned to the department of wildlife.
2. At the request of the director of the department of wildlife, sell timber from any land owned by the State of Nevada which is assigned to the department of wildlife.
κ1979 Statutes of Nevada, Page 906 (CHAPTER 465, SB 333)κ
the department of wildlife. Revenues from the sale of such timber must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 43. NRS 322.010 is hereby amended to read as follows:
322.010 [The] Except as provided in NRS 504.147, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, [is authorized to] may lease any land except contract land now or hereafter owned by the State of Nevada, or which may hereafter be granted to it by the United States of America, [except contract lands,] upon terms as provided in NRS 322.020 to 322.040, inclusive.
Sec. 44. NRS 322.050 is hereby amended to read as follows:
322.050 [The] Except as provided in NRS 504.147, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, with the concurrence of the governor, is authorized, in addition to the authority to lease provided in NRS 322.010 to 322.030, inclusive, to lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, upon terms as provided in NRS 322.060. Leases or grants of easements over or upon contract lands may be made only with the consent of the [contractee, who shall be paid all moneys] contracting party, who must be paid all money received from any such lease or grant. Easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of [such] the agency.
Sec. 45. NRS 328.201 is hereby amended to read as follows:
328.201 1. Notwithstanding the provisions of NRS 328.030 to 328.150, inclusive, or of any other law, the people of the State of Nevada, through their legislative authority, accept the provisions of the Act of Congress known as the Migratory Bird Conservation Act, approved February 18, 1929, as amended, and the provisions of 16 U.S.C. §§ 718 to 718h, inclusive, approved March 16, 1934, as amended. Upon approval by the [state board of fish and game] board of wildlife commissioners, they consent to the acquisition by the United States, by purchase, lease, gift, exchange or otherwise, of any lands or water within the state, as the United States or it properly constituted officers or agents may deem necessary for migratory bird reservations or waterfowl production areas, in carrying out the provisions of such Acts of Congress.
2. The consent of the people of the State of Nevada to any acquisition pursuant to this section is subject to, and the state does hereby reserve to itself, such full and complete jurisdiction and authority over all such areas as is not incompatible with the administration, maintenance, protection and control thereof by the United States under the terms of such Acts of Congress; and further, the people of the State of Nevada reserve to all persons now or hereafter residing in such areas all rights, privileges and immunities under the laws of this state, insofar as they are compatible with the administration, maintenance, protection and control of such areas by the United States under the terms of such Acts of Congress.
κ1979 Statutes of Nevada, Page 907 (CHAPTER 465, SB 333)κ
3. [Prior to] Before such approval by the [state board of fish and game] board of wildlife commissioners, the board or boards of county commissioners of the county or counties concerned [shall] must have given their written consent to the [state board of fish and game] board of wildlife commissioners to the proposed acquisition.
4. The consent of the state to the acquisition by the United States of land, water, or land and water for migratory bird reservations or waterfowl production areas in accordance with this section is subject to the condition that the United States conform to the laws of this state relating to the acquisition, control, use and distribution of water with respect to the land acquired.
5. The consent provided for in this section continues only so long as the property continues to belong to the United States and is held by it in accordance and in compliance with each and all of the conditions and reservations as prescribed in this section, and is used for the purposes for which it was acquired.
Sec. 46. NRS 331.165 is hereby amended to read as follows:
331.165 1. The Marlette Lake water system advisory committee is hereby created to be composed of:
(a) One member appointed by the [state board of fish and game] board of wildlife commissioners.
(b) One member appointed by the state park advisory commission.
(c) Two members from the state legislature appointed by the legislative commission.
(d) One member from the staff of the legislative counsel bureau appointed by the legislative commission.
(e) One member appointed by the state forester firewarden.
(f) One member appointed by the department of general services.
2. Members of the advisory committee [shall] serve at the pleasure of their respective appointing authorities and [shall] are entitled to receive necessary per diem allowances and travel expenses in the amounts specified by law.
3. The advisory committee may make recommendations to the legislative commission, the interim finance committee, the department of administration, the state department of conservation and natural resources and the governor concerning any matters relating to the Marlette Lake water system or any part thereof.
Sec. 47. NRS 331.170 is hereby amended to read as follows:
331.170 1. The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.
2. The state department of conservation and natural resources shall cooperate with the department of general services:
(a) To preserve and protect the sources of water; and
(b) To preserve and improve the watershed.
3. The state department of conservation and natural resources shall cooperate with the [state board of fish and game] board of wildlife commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.
κ1979 Statutes of Nevada, Page 908 (CHAPTER 465, SB 333)κ
Sec. 48. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada [shall] must be deposited in the state general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits of state [moneys] money pursuant to the provisions of this chapter which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;
(b) Apply such proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state [moneys;] money; and
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).
3. The legislators retirement fund, the public employees retirement fund, the state permanent school fund, the silicosis and disabled pension fund and the [fish and game fund shall have allocated to it its proportionate share] wildlife account must be allocated their proportionate shares of the interest earned and received. [, which interest shall] The shares must be accounted for as separate income and [and asset of such fund.] assets of those respective funds and account.
Sec. 49. NRS 361.055 is hereby amended to read as follows:
361.055 1. All lands and other property owned by the state are exempt from taxation, except real property acquired by the [Nevada department of fish and game] State of Nevada and assigned to the department of wildlife which is or was subject to taxation under the provisions of this chapter at the time of acquisition and except as provided in subsection 4.
2. In lieu of payment of taxes on each parcel of real property acquired by it which is subject to assessment and taxation pursuant to subsection 1, the [Nevada department of fish and game] department of wildlife shall make annual payment to the county tax receiver of the county wherein each such parcel of real property is located of an amount equal to the total taxes levied and assessed against each such parcel of real property in the year in which title to [the same] it was acquired by the [Nevada department of fish and game.] State of Nevada.
3. Such payments in lieu of taxes [shall] must be collected and accounted for in the same manner as taxes levied and assessed against real property pursuant to this chapter are collected and accounted for.
After July 1, 1978, all real estate owned by the State of Nevada located in each county [shall] must be listed in a separate tax list and assessment roll book of that county at its full cash value. If the total value of such real estate owned by the state in a county is greater than 17 percent of the total value of all other real estate listed in the countys tax list and assessment roll books, that portion of the value of the real estate owned by the state which is in excess of such 17 percent may be taxed by the county as other property is taxed.
κ1979 Statutes of Nevada, Page 909 (CHAPTER 465, SB 333)κ
[5.] 4. Money received pursuant to this section [shall] must be apportioned each year to the counties, school districts and cities wherein each such parcel of real property is located in the proportion that the tax rate of each such political subdivision bears to the total combined tax rate in effect for such year.
Sec. 50. 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 the 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 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 the rate authorized to be deducted by the dealer pursuant to NRS 365.330.
3. The [Nevada department of fish and game] department of wildlife 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 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] department of wildlife and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.
4. In each fiscal year, the state treasurer shall, upon receipt of the tax money from the department collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive [:] , allocate the remittances and deposits made pursuant to subsections 1 and 2, in proportions directed by the legislature, to:
(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 money so received by the department] The wildlife account in the state general fund. This money 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.
κ1979 Statutes of Nevada, Page 910 (CHAPTER 465, SB 333)κ
improvement of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of this money declared by the [Nevada department of fish and game] department of wildlife to be in excess of [their] its 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 in accordance with the provisions of paragraph (b).
(b) [Deposit with the state treasurer for credit to the] 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 money so deposited to the credit of the division of state parks [of the state department of conservation and natural resources] 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. 51. NRS 445.281 is hereby amended to read as follows:
445.281 1. The department may issue a permit to the [Nevada department of fish and game] department of wildlife to poison trash fish.
2. The permit [shall] must indicate the terms and conditions under which such poisoning may take place.
Sec. 52. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:
(a) The director of the [Nevada department of fish and game;] department of wildlife;
(b) The state forester firewarden;
(c) The state engineer;
(d) The executive director of the state department of agriculture;
(e) A member of the state board of health to be designated by that board; and
(f) Four members appointed by the governor one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS.
2. The governor shall appoint the chairman of the commission from among the members.
3. A majority of the members constitutes a quorum and a majority of those present must concur in any decision.
4. Each member who is appointed by the governor is entitled to receive a salary of $40 for each days attendance at a meeting of the committee and the travel expenses and subsistence allowances as provided by law.
5. Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission.
κ1979 Statutes of Nevada, Page 911 (CHAPTER 465, SB 333)κ
or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
6. The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including but not limited to, the department of highways, the [Nevada department of fish and game,] department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.
Sec. 53. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Commission means the [state board of fish and game] board of wildlife commissioners.
2. Department means the [Nevada department of fish and game.] department of wildlife.
3. Legal owner means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
4. Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
5. Operate means to navigate or otherwise use a motorboat or a vessel.
6. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not such person lends, rents or pledges such vessel; and
(b) A debtor under a security agreement relating to a vessel.
Owner does not include a person defined as a legal owner under subsection 3.
7. Person means [an individual,] a natural person, partnership, firm, corporation, association or other entity.
8. Registered owner means the person registered by the commission as the owner of a vessel.
9. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
κ1979 Statutes of Nevada, Page 912 (CHAPTER 465, SB 333)κ
10. Waters of this state means any waters within the territorial limits of this state.
Sec. 54. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from such taxes as provided in NRS 372.320.
(b) Proof of compliance with the requirements of chapter 361 of NRS, evidenced by a movable personal property tax receipt on such motorboat or by an assessors certificate declaring no immediate tax collection on such motorboat under the provisions of NRS 361.505 was deemed necessary.
(c) Such evidence of ownership as the department may require.
The department shall not issue a number, a certificate of number or a certificate of ownership until such evidence is presented to it.
2. The department shall not issue or renew a certificate of number if it has been notified by a county assessor [prior to] before December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS. [Any such notice shall] The notice must be in such form as the department may prescribe. Upon receipt of an application from an owner who is delinquent in the payment of personal property taxes, the department shall notify the owner that the taxes are delinquent; and may forward the certificate to the county assessor for release on payment of the taxes, or may hold the certificate pending proof of payment of the taxes.
3. The application [shall] must be signed by the owner of the motorboat and [shall] must be accompanied by a fee of $5 for the certificate of number and a fee of $5 for the certificate of ownership. All fees received by the department under the provisions of this chapter [shall] must be deposited in the [fish and game fund and shall] wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department shall:
(a) Enter the [same] application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
(b) Immediately give [written notice] to the county assessor of the county [wherein such] in which the motorboat is situated [, which notice shall contain] a notice containing the name and address of the owner and [identifying] information [concerning such] identifying the motorboat.
4. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by [rules and] regulations of the department in order that [it] the number may be clearly visible. The number [shall] must be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number [shall] must be in conformity therewith.
κ1979 Statutes of Nevada, Page 913 (CHAPTER 465, SB 333)κ
force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number [shall] must be in conformity therewith.
5. The certificate of number [shall] must be pocket size and [shall] must be available at all times for inspection on the motorboat for which issued, whenever [such] the motorboat is in operation.
6. The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by [such] the manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number [shall be] is $5.
Sec. 55. NRS 528.053 is hereby amended to read as follows:
528.053 1. No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of vehicles, [shall] may take place within 200 feet, measured on the slope, of the high water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained from a committee composed of the state forester firewarden, the director of the [Nevada department of fish and game] department of wildlife and the state engineer.
2. The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 200-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.
3. In acting on a request for such variances the committee shall consider the following factors:
(a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;
(b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;
(c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;
(d) The extent to which such requested activity is consistent with the prevention of significant soil erosion; and
(e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and
(f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.
Sec. 56. NRS 535.020 is hereby amended to read as follows:
535.020 1. Whenever an application for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in any stream in this state is filed with the state engineer, the state engineer shall file a copy of the application with the [state board of fish and game] board of wildlife commissioners.
κ1979 Statutes of Nevada, Page 914 (CHAPTER 465, SB 333)κ
2. In the construction of a dam, or the alteration or enlargement of a dam, the owner shall conform with the provisions of law for the installation of fishways over or around dams and for the protection and preservation of fish in streams obstructed by dams. [as is now or hereafter may be provided by law.]
Sec. 57. NRS 535.060 is hereby amended to read as follows:
535.060 1. On any stream system and its tributaries in this state the distribution of the waters of which are vested in the state engineer by law or the final decree of court, where beaver, by the construction of dams or otherwise, are found to be interfering with the lawful and necessary distribution of water to the proper users thereof, the state engineer, upon complaint of any interested water user, shall investigate or cause the investigation of the matter.
2. [It shall be lawful for the] The state engineer and his assistants and water commissioners and the [Nevada department of fish and game] department of wildlife and its agents [to] may enter upon privately owned lands for the purposes of investigating the conditions complained of and the removal and trapping of beaver.
3. If satisfied that such beaver are interfering with the flow of water to the detriment of water users, the state engineer shall serve a written notice on the owner of the land, if it is privately owned, stating:
(a) That the beaver thereon are interfering with or stopping the flow of water necessary for the proper serving of water rights; and
(b) That unless, within 10 days from receipt of the notice, written objection to the removal of such beaver is filed with the state engineer by the landowner, the [Nevada department of fish and game] department of wildlife will remove such beaver or as many thereof as will rectify the existing conditions.
4. Failure of the landowner to file such written objections shall be deemed a waiver thereof. Upon receipt of written objections the state engineer may make further investigation and may sustain or overrule the objections as the facts warrant. Upon the overruling of the objections, the landowner may have [the same] them reviewed by the district court having jurisdiction of the land by filing therein a petition for review within 10 days from the receipt of the order of the state engineer overruling [such] the objections. The proceedings on the petition [shall] must be informal and heard by the court at the earliest possible moment.
5. Upon the landowners waiver of objections to the removal of beaver from his land, [by the landowner,] or upon final determination by the court that the beaver should be removed, the state engineer shall immediately notify the [Nevada department of fish and game thereof and the Nevada department of fish and game] department of wildlife of the waiver or determination and the department or its agents shall enter upon the land from which the beaver are to be removed and remove [the same] them or as many as may be necessary to prevent the improper flow of water as directed by the state engineer.
6. The state engineer [shall have the power to] may remove or cause the removal of any beaver dam found to be obstructing the proper and necessary flow of water to the detriment of water users.
κ1979 Statutes of Nevada, Page 915 (CHAPTER 465, SB 333)κ
Sec. 58. NRS 567.030 is hereby amended to read as follows:
567.030 The committee [shall consist] consists of five members. One member [shall] must be designated from among its members by the state board of agriculture. One member [shall] must be designated from among its members by the [state board of fish and game] board of wildlife commissioners. One member [shall] must be designated from among its members by the state board of sheep commissioners. One member [shall] must be designated from among its members by the state board of health. One member [shall] must be designated from among its members by the Nevada Farm Bureau.
Sec. 59. NRS 501.220, 501.258, 501.357, 501.358 and 502.380 are hereby repealed.
Sec. 60. 1. Before July 30, 1979, the director of the department of wildlife shall deposit the money in the fish and game reserve fund with the state treasurer for credit to the wildlife account in the state general fund.
2. Before July 30, 1979, the director of the department of wildlife shall deposit the money invested pursuant to subsection 2 of NRS 501.356 with the state treasurer for credit to the wildlife account in the state general fund.
3. From July 1, 1979, until the state controller closes the books for the fiscal year ending June 30, 1979, money may be transferred from the wildlife account in the state general fund to the fish and game fund for the payment of expenditures with the approval of the department of wildlife and the chief of the budget division of the department of administration.
4. When the state controller closes the books for the fiscal year ending June 30, 1979, he shall transfer any money remaining in the fish and game fund to the wildlife account in the state general fund.
Sec. 61. (Deleted by amendment.)
Sec. 62. As soon as practicable after July 1, 1979, the governor shall appoint seven members of the board of wildlife commissioners, as follows:
1. The member who is actively engaged in ranching and the one member who represents the interests of the general public to terms ending on June 30, 1980.
2. The member who is actively engaged in farming and one member who represents the interests of sportsmen to terms ending on June 30, 1981.
3. The member who is actively engaged in the conservation of wildlife, the remaining member who represents the interests of sportsmen and the remaining member who represents the interests of the general public to terms ending on June 30, 1982.
Sec. 63. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act:
1. If reference is made to the department of wildlife by its former name as the Nevada department of fish and game, substitute the new name.
κ1979 Statutes of Nevada, Page 916 (CHAPTER 465, SB 333)κ
2. If reference is made to the board of wildlife commissioners by its former name as the state board of fish and game commissioners, substitute the new name.
3. If reference is made to the wildlife account in the state general fund by its former name as the fish and game fund, substitute the new name.
Sec. 64. Sections 29, 38 and 50 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 78Assemblymen Hayes, Glover, Jeffrey, Barengo and Horn
CHAPTER 466
AN ACT relating to transportation; permitting taxicab motor carriers to transport light express; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.036 is hereby amended to read as follows:
706.036 Common motor carrier means any person or operator who holds himself out to the public as willing to [undertake for compensation to] transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or property, including a common motor carrier of passengers, a common motor carrier of property, and a taxicab motor carrier.
Sec. 2. NRS 706.041 is hereby amended to read as follows:
706.041 Common motor carrier of passengers means any person or operator, including a taxicab motor carrier, who holds himself out to the public as willing to [undertake for compensation to] transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or passengers and light express for all who may choose to employ him. [Nothing is this section shall be construed to permit a taxicab motor carrier to operate on a fixed route basis.]
Sec. 3. NRS 706.046 is hereby amended to read as follows:
706.046 Common motor carrier of property means any person or operator, including a motor convoy carrier, who holds himself out to the public as willing to [undertake for compensation to] transport by motor vehicle from place to place, either upon fixed route or on-call operations, the property of all who may choose to employ him.
Sec. 4. NRS 706.126 is hereby amended to read as follows:
706.126 [1.] Taxicab motor carrier means any [operator of] person who operates a vehicle or vehicles which do not operate over a fixed route and are designated or constructed to accommodate and transport not more than six passengers, [in number,] including the driver, and:
[(a)] 1. Fitted with taximeters or having some other device, method or system to indicate and determine the passenger fare charged for distance traveled;
κ1979 Statutes of Nevada, Page 917 (CHAPTER 466, AB 78)κ
[(b)] 2. Used in the transportation of passengers or light express or both for which a charge or fee is received; or
[(c)] 3. Operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.
[2. Neither common motor carriers of passengers nor contract motor carriers conducting fixed-route operations shall be considered taxicab motor carriers.]
Sec. 5. NRS 706.406 is hereby repealed.
________
Assembly Bill No. 257Committee on Judiciary
CHAPTER 467
AN ACT relating to examinations of prospective jurors; prescribing the conduct of initial and supplemental examinations; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 16.030 is hereby amended to read as follows:
16.030 1. In preparing for the selection of the jury, the clerk, under the direction of the judge, shall place in a box ballots containing the names of the persons summoned who have appeared and have not been excused. The clerk shall mix the ballots and draw from the box the number of names needed to complete the jury in accordance with the procedure provided either in subsection 2 or subsection 3, as the judge directs.
2. The judge may require that eight names be drawn, and the persons whose names are called shall be examined as to their qualifications to serve as jurors. If any persons are excused or discharged, or if the ballots are exhausted before the jury is selected, additional names shall be drawn from the jury box and those persons summoned and examined as provided by law until the jury is selected.
3. The judge may require that the clerk draw a number of names to form a panel of prospective jurors equal to the sum of the number of regular jurors and alternate jurors to be selected and the number of peremptory challenges to be exercised. The persons whose names are called shall be examined as to their qualifications to serve as jurors. If any persons on the panel are excused for cause, they shall be replaced by additional persons who shall also be examined as to their qualifications. When a sufficient number of prospective jurors has been qualified to complete the panel, each side shall exercise its peremptory challenges out of the hearing of the panel by alternately striking names from the list of persons on the panel. After the peremptory challenges have been exercised, the persons remaining on the panel who are needed to complete the jury shall, in the order in which their names were drawn, be regular jurors or alternate jurors.
κ1979 Statutes of Nevada, Page 918 (CHAPTER 467, AB 257)κ
4. Before persons whose names have been drawn are examined as to their qualifications to serve as jurors, the judge or his clerk shall administer an oath or affirmation to them in substantially the following form:
Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly answer all questions put to you touching upon your qualifications to serve as jurors in the case now pending before this court (so help you God)?
5. The judge shall conduct the initial examination of prospective jurors and the parties or their attorneys are entitled to conduct supplemental examinations which must not be unreasonably restricted.
________
Assembly Bill No. 80Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey
CHAPTER 468
AN ACT relating to transportation; providing a graduated schedule of minimum penalties for the violation of certain laws relating to weight limitations and to the regulation and licensing of motor carriers; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.757 is hereby amended to read as follows:
484.757 1. Every person convicted of a violation of any weight limitation provision of NRS 484.745 to 484.755, inclusive, and every person, company, association or corporation, either personally or by his or its agent or employee, who is found guilty of violating any weight limitation of NRS 484.745 to 484.755, inclusive, shall be punished by a fine [which shall equal the amounts] as specified in the following table:
Pounds of
Excess Weight Fine
2,001 — 2,500........................................................................................... $20
2,501 — 3,000........................................................................................... 25
3,001 — 3,500........................................................................................... 30
3,501 — 4,000........................................................................................... 35
4,001 — 4,500........................................................................................... 40
4,501 — 5,000........................................................................................... 60
5,001 — 5,500........................................................................................... 80
5,501 — 6,000........................................................................................... 100
6,001 — 6,500........................................................................................... 120
6,501 — 7,000........................................................................................... 150
7,001 — 7,500........................................................................................... 175
7,501 — 8,000........................................................................................... 200
8,001 — 8,500........................................................................................... 225
κ1979 Statutes of Nevada, Page 919 (CHAPTER 468, AB 80)κ
Pounds of
Excess Weight Fine
8,501 — 9,000........................................................................................... $275
9,001 — 9,500........................................................................................... 325
9,501 — 10,000........................................................................................... 375
10,001 — 10,500........................................................................................... 400
10,501 — 11,000........................................................................................... 425
11,001 — 11,500........................................................................................... 450
11,501 — 12,000........................................................................................... 475
12,001 and over........................................................................................... 500
2. The maximum fine under this section [shall be] is $500.
3. The fines provided [herein shall be] in this section are mandatory and [shall] must not be [waived or suspended] reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for in this section.
Sec. 2. NRS 706.756 is hereby amended to read as follows:
706.756 1. [Any] Except as provided in subsection 2 any person who:
[1.] (a) Operates in any carriage to which NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof; [or
2.] (b) Fails to make any return or report required by NRS 706.011 to 706.861, inclusive, or by the commission or the department under the terms of NRS 706.011 to 706.861, inclusive; [or
3.] (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive; [or
4.] (d) Fails to obey any order, decision or regulation of the commission or the department; [or
5.] (e) Procures [or], aids or abets any person in his failure to obey such order, decision or regulation; [or
6.] (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive; [or
7.] (g) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of this chapter; [or
8.] (h) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter; [or
9.] (i) Operates a vehicle without having the proper identifying device; [or
10.] (j) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered; [or
11.] (k) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
[12.] (l) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked as provided in this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not [less than 10 days nor] more than 6 months, or by both fine and imprisonment.
κ1979 Statutes of Nevada, Page 920 (CHAPTER 468, AB 80)κ
punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not [less than 10 days nor] more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of NRS 706.386, 706.406 or 706.421 within 12 consecutive months shall be punished:
(a) For the first offense by a fine of not less than $100 nor more than $500;
(b) For the second offense by a fine of not less than $200 nor more than $500;
(c) For the third offense by a fine of not less than $300 nor more than $500;
(d) For the fourth offense by a fine of not less than $400 nor more than $500;
(e) For the fifth and each subsequent offense by a fine of $500; or
(f) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
________
Assembly Bill No. 328Committee on Ways and Means
CHAPTER 469
AN ACT making an appropriation from the state general fund to the department of prisons for purchase of equipment for the northern Nevada correctional center and the southern Nevada correctional center; and providing other matters properly relating thereto.
[Approved May 24, 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 department of prisons the sum of $186,900 for the purpose of purchasing equipment for use at the following correctional centers as provided in this section. The money appropriated in this section is allocated as follows:
1. The sum of $132,900 for equipment for use at the northern Nevada correctional center.
2. The sum of $54,000 for equipment for use at the southern Nevada correctional center.
Sec. 2. After June 30, 1981, 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 921κ
Assembly Bill No. 302Committee on Ways and Means
CHAPTER 470
AN ACT making an appropriation from the state general fund to the contingency fund; and providing other matters properly relating thereto.
[Approved May 24, 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 contingency fund created pursuant to NRS 353.266 the sum of $5,000,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 521Committee on Agriculture
CHAPTER 471
AN ACT making an appropriation to the University of Nevada for construction of an agricultural research laboratory in the Pahrump Valley; and providing other matters properly relating thereto.
[Approved May 24, 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 University of Nevada for the construction of an agricultural research laboratory in the Pahrump Valley the sum of $120,000.
________
Assembly Bill No. 396Assemblymen Mann, Sena, Chaney and Polish
CHAPTER 472
AN ACT relating to the department of prisons; increasing the amount of money which may be provided to an offender upon his release; authorizing the provision of certain clothing for an offender upon his release; authorizing payment of costs of transportation; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.511 is hereby amended to read as follows:
209.511 When an offender is released from an institution by expiration of his term of sentence, by pardon or by parole, the director:
1. May furnish him with a sum of money not to exceed [$50,] $100, the amount to be based upon the offenders economic need as determined by the director, which shall be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.
κ1979 Statutes of Nevada, Page 922 (CHAPTER 472, AB 396)κ
$100, the amount to be based upon the offenders economic need as determined by the director, which shall be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.
2. Shall give him notice of the provisions of NRS 202.360, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of NRS 207.080 to 207.150, inclusive, relating to the registration and fingerprinting of convicted persons.
3. Shall require him to sign an acknowledgment of the notice required in subsection 2.
4. May provide him with clothing suitable for reentering society, the cost of which must be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.
5. May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction, the cost of which must be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.
________
Assembly Bill No. 558Assemblyman Wagner (by request)
CHAPTER 473
AN ACT relating to hunting and fishing licenses; providing such licenses for a nominal fee to elderly residents; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For a fee of $2 the department shall issue any hunting license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts, to any person who, as of the date of his application for a license:
1. Has resided in this state for the 6-month period immediately preceding; and
2. Is 65 years of age or older.
Sec. 2. The section added to chapter 502 of NRS by section 1 of this act is hereby amended to read as follows:
For a fee of $2 the department shall issue any hunting or fishing license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts, to any person who, as of the date of his application for a license:
1. Has resided in this state for the 6-month period immediately preceding; and
2. Is 65 years of age or older.
κ1979 Statutes of Nevada, Page 923 (CHAPTER 473, AB 558)κ
Sec. 3. NRS 502.240 is hereby amended to read as follows:
502.240 Annual licenses and limited permits shall be issued:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $2 for an annual fishing or hunting license.
2. [To any citizen of the United States who has attained his 65th birthday and who has been a bona fide resident of the State of Nevada for 10 years immediately preceding his application for a license, upon the payment of $1.25 for an annual hunting or fishing license.
3.] Except as provided [in subsection 2,] section 1 of this act, to any citizen of the United States who has attained his 16th birthday and who has been a resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:
For a fishing license....................................................................................... $10.00
For a 10-day permit to fish............................................................................ 7.50
For a 3-day permit to fish.............................................................................. 5.00
For a hunting license..................................................................................... 7.00
For a trapping license.................................................................................... 7.50
For a fur dealers license............................................................................... 5.00
For an annual master guides license.......................................................... 100.00
For an annual subguides license................................................................ 50.00
[4.] 3. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
[5.] 4. Except as provided in subsection [4,] 3, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).................................................................................................................... $20.00
For a 10-day permit to fish............................................................................ 10.00
For a 3-day permit to fish.............................................................................. 7.50
For a hunting license..................................................................................... 40.00
For an annual trappers license.................................................................... 35.00
For a fur dealers license............................................................................... 35.00
For an annual master guides license.......................................................... 200.00
For an annual subguides license................................................................ 100.00
[6.] 5. To any person, without regard to residence, upon the payment of:
For a noncommercial breeding ground....................................................... $5.00
For a commercial or private shooting preserve......................................... 35.00 For a commercial breeding ground......................................... $35.00
κ1979 Statutes of Nevada, Page 924 (CHAPTER 473, AB 558)κ
For a commercial breeding ground.............................................................. $35.00
For a commercial fish hatchery.................................................................... 35.00
For a private noncommercial fish hatchery................................................ 5.00
For a trained animal act license.................................................................... 10.00
For a live bait dealers permit....................................................................... 50.00
For a competitive field trials permit............................................................. 5.00
For a falconry license.................................................................................... 15.00
For an importation permit.............................................................................. 2.00
For an import eligibility permit..................................................................... 25.00
For a tropical fish dealers permit................................................................ 25.00
For a live bait seining and transporting permit.......................................... 2.00
Sec. 4. Section 2 of this act shall become effective on January 1, 1980.
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Assembly Bill No. 725Assemblymen Mello, Bremner, Barengo, Glover, Hickey, Mann, Vergiels, Cavnar, Rhoads, Wagner, Webb, Jeffrey, Bedrosian, FitzPatrick, Prengaman, Stewart, Craddock, Brady, Fielding, Tanner, Sena, Hayes, Weise, Dini, Harmon, Horn, Malone, Bergevin, Marvel, Rusk, Polish, Robinson, Banner, Coulter, Getto, May, Westall, Price, Bennett and Chaney
CHAPTER 474
AN ACT relating to state financial administration; requiring the Nevada industrial commission to submit its proposed budget to the chief of the budget division of the department of administration; removing the provision that certain budgets need be submitted only at the request of the chief; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.210 is hereby amended to read as follows:
353.210 1. Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state [funds,] money, fees or other [moneys] money under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau [shall] must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.
κ1979 Statutes of Nevada, Page 925 (CHAPTER 474, AB 725)κ
between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.
2. The expenditure estimates [shall] must be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its [funds be] money is derived from state funds or from other [moneys] money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as [herein] provided [,] in this section, the chief [shall have power and authority,] may from any data at hand in his office or which [, in his discretion,] he may examine or obtain elsewhere, [to] make and enter an arbitrary budget for [such] the department, institution or agency in accordance with such data. [as he may have at hand or obtain.]
3. Agencies, bureaus, commissions and officers of the legislative department, the public employees retirement system, the Nevada industrial commission and the judicial department of the state government shall [, at the request of the chief,] submit to [him] the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
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Assembly Bill No. 749Committee on Elections
CHAPTER 475
AN ACT relating to county government; authorizing the boards of county commissioners to establish fire departments; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The board of county commissioners may:
1. Organize, regulate and maintain a fire department.
2. Appoint and prescribe the duties of the fire chief.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept.
4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
κ1979 Statutes of Nevada, Page 926 (CHAPTER 475, AB 749)κ
Sec. 3. If the board of county commissioners establishes a fire department, that department:
1. Assumes all rights, duties, liabilities and obligations of any fire department in any unincorporated town in the county which is subject to the provisions of NRS 269.500 to 269.625, inclusive.
2. Assumes all rights, duties, liabilities and obligations of any county fire protection district only upon dissolution of the district as provided in chapter 474 of NRS.
Sec. 4. 1. Subject to the limitations contained in subsection 2, a board of county commissioners which establishes a county fire department shall establish the boundaries of the area which it is to serve, and may alter those boundaries, by ordinance.
2. In any county which has a population of more than 200,000, the area to be served by the fire department must be contiguous, must not include any territory within the boundaries of an incorporated city, must contain land which is developed for urban purposes, and may contain land which is:
(a) Bounded along 75 percent or more of its exterior boundary by land which is part of the service area of the fire department.
(b) Contiguous with the service area and does not lie within an incorporated city if the owners of record of 75 percent or more of the parcels or lots within the area petition the board of county commissioners to include the land within the service area.
3. As used in this section, land is developed for urban purposes if it:
(a) Has a resident population of two or more persons per acre;
(b) Has a resident population of one or more persons per acre, and is subdivided or parceled into lots or parcels under separate ownership so that at least 60 percent of the total area of the land is divided into lots or parcels of 5 acres or less, and at least 60 percent of the lots or parcels are 1 acre or less; or
(c) Is so developed that at least 60 percent of the lots or parcels in the area are in use for residential, commercial, industrial, institutional or governmental purposes, and at least 60 percent of the area consists of lots or parcels, under separate ownership, of 5 acres or less.
Sec. 5. 1. Subject to the limitations contained in subsection 2, a board of county commissioners which establishes a county fire department shall establish the boundaries of the area which it is to serve, and may alter those boundaries, by ordinance.
2. In any county which has a population of more than [200,000] 250,000, the area to be served by the fire department must be contiguous, must not include any territory within the boundaries of an incorporated city, contain land which is developed for urban purposes, and may contain land which is:
(a) Bounded along 75 percent or more of its exterior boundary by land which is part of the service area of the fire department.
(b) Contiguous with the service area and does not lie within an incorporated city if the owners of record of 75 percent or more of the parcels or lots within the area petition the board of county commissioners to include the land within the service area.
κ1979 Statutes of Nevada, Page 927 (CHAPTER 475, AB 749)κ
3. As used in this section, land is developed for urban purposes if it:
(a) Has a resident population of two or more persons per acre;
(b) Has a resident population of one or more persons per acre, and is subdivided or parceled into lots or parcels under separate ownership so that at least 60 percent of the total area of the land is divided into lots or parcels of 5 acres or less, and at least 60 percent of the lots or parcels are 1 acre or less; or
(c) Is so developed that at least 60 percent of the lots or parcels in the area are in use for residential, commercial, industrial, institutional or governmental purposes, and at least 60 percent of the area consists of lots or parcels, under separate ownership, of 5 acres or less.
Sec. 6. A board of county commissioners which establishes a county fire department shall levy a tax for its support on all property within the boundaries of the service area of the fire department, and shall establish a separate fund in the county treasury for the receipt and expenditure of and accounting for the proceeds of this tax.
Sec. 7. 1. Section 5 of this act shall become effective in 1980 on the date when the Secretary of Commerce reports the 1980 census of population to the President of the United States as required by 13 U.S.C. § 141(b).
2. The remainder of the sections of this act, including this section, shall become effective upon passage and approval.
________
Senate Bill No. 34Committee on Finance
CHAPTER 476
AN ACT relating to the public employees retirement system; creating a fund to provide investment income to pay for additional post-retirement increases; making an appropriation; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The fund for additional post-retirement increases is hereby created as a trust fund. Except as provided in subsection 2, the money in the fund may not be expended, but must be invested by the board in the manner provided in this chapter. The legislature reserves the right to appropriate money from the fund for other public uses.
2. All proceeds derived from investment of the money in the fund must be accounted for separately in the income account which is hereby created in the fund. The money in that account may be used only for the purpose of paying additional post-retirement increases which are not provided by this chapter.
κ1979 Statutes of Nevada, Page 928 (CHAPTER 476, SB 34)κ
3. The board shall keep separate accounting records for the fund and for the income account and shall prepare an annual report regarding each of them. Copies of the report must be sent to the governor, each member of the legislature and to the legislative auditor.
4. If there is insufficient money in the income account to pay for any additional post-retirement increases that may be provided by law, the board shall pay the deficiency from any other money in the system which may lawfully be used for that purpose.
Sec. 2. There is hereby appropriated from the state general fund to the fund for additional post-retirement increases created by section 1 of this act the sum of $20 million.
________
Senate Bill No. 222Committee on Finance
CHAPTER 477
AN ACT making an appropriation from the state general fund to the motor pool division of the department of general services for the purchase of additional vehicles; and providing other matters properly relating thereto.
[Approved May 24, 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 motor pool division of the department of general services the sum of $112,700 for the purpose of purchasing 23 additional vehicles.
Sec. 2. After June 30, 1981, 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.
________
Senate Bill No. 278Committee on Human Resources and Facilities
CHAPTER 478
AN ACT relating to the health division of the department of human resources; requiring the health division to maintain records of dental examinations of unidentified dead bodies and to compare those records with the dental records of certain missing persons; and providing other matters properly relating thereto.
[Approved May 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body carried out by a dentist.
κ1979 Statutes of Nevada, Page 929 (CHAPTER 478, SB 278)κ
body by means other than by dental records, he shall have a dental examination of the body carried out by a dentist. The dentist shall prepare a record of his findings and forward it to the health division.
2. The sheriff, chief of police or other law enforcement authority may request the written consent of the next-of-kin of a person who has been reported to him as missing for 10 days or more to obtain the dental records of the missing person from that persons dentist. After receiving the written consent, the sheriff, chief of police or other law enforcement authority shall obtain the dental records from the dentist and forward them and any other relevant information to the health division for comparison with the records sent by the coroners. The sheriff, chief of police or other law enforcement authority shall inform the health division when a missing person has been found.
3. The health division shall maintain the records and other information forwarded to it under subsections 1 and 2 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies.
________
Senate Bill No. 459Committee on Finance
CHAPTER 479
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved May 24, 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 $750,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 930κ
Assembly Bill No. 196Committee on Ways and Means
CHAPTER 480
AN ACT relating to the private investigators licensing board; authorizing a requirement for firearm safety training; increasing license fees; authorizing registration fees for unlicensed employees; providing for the accounting of certain receipts; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 648.030 is hereby amended to read as follows:
648.030 1. The board shall from time to time adopt [such rules as may be necessary] regulations to enable it to carry [into effect] out the provisions of this chapter.
2. The board [shall have the authority to] may take evidence as to any matters cognizable by it.
3. Any member of the board may administer oaths in all matters pertaining to the duties of the board.
4. The board shall classify licensees according to the type of business in which they are engaged and may limit the field and scope of the operations of a licensee to those in which he is classified.
5. The board may by regulation [not inconsistent with this chapter fix such] fix qualifications of licensees [as may be] necessary to promote the public welfare.
6. The board may by regulation require licensees and their employees to attend firearm safety courses conducted by instructors approved by the board. The board may require a licensee or his employee to complete a certain amount of firearm safety training before he may be permitted to carry a firearm in the course of his duties.
Sec. 2. NRS 648.120 is hereby amended to read as follows:
648.120 1. A license under this chapter [shall] may not be issued until the applicant pays to the board a license fee of [$100.] $125.
2. The license fee [shall] must be paid annually and is due on July 1. The board may provide that the fee be reduced ratably for portions of the license period.
Sec. 3. NRS 648.140 is hereby amended to read as follows:
648.140 1. Any license obtained under the provisions of this chapter gives the licensee or any employee of the licensee authority to engage in the type of business for which he is licensed in any county or city in the State of Nevada, subject to county and city ordinances.
2. A licensee may employ, in connection with such business, as many unlicensed persons as may be necessary, but at all times every licensee is accountable for the good conduct of every person employed by him in connection with such business. Each licensee shall furnish the board with the name, physical description and photograph of all unlicensed employees, except clerical personnel, and shall notify the board within 10 days when such employees begin or terminate their employment.
3. The board may by regulation require that licensees pay registration fees for each of their unlicensed employees, except clerical employees, and impose such terms and conditions in connection with those fees as it deems appropriate.
κ1979 Statutes of Nevada, Page 931 (CHAPTER 480, AB 196)κ
employees, and impose such terms and conditions in connection with those fees as it deems appropriate. The registration fee must not exceed $10 for each unlicensed employee.
________
Assembly Bill No. 222Assemblyman Weise
CHAPTER 481
AN ACT relating to motor vehicle registration; exempting from the privilege tax all emergency vehicles operated by volunteer fire departments and volunteer ambulance services based in this state, and vehicles used exclusively for the benefit of the elderly or handicapped; broadening exemptions from the marking of publicly owned vehicles; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 371.100 is hereby amended to read as follows:
371.100 1. The privilege tax imposed by this chapter does not apply to vehicles owned by the United States, the State of Nevada, any political subdivision of the State of Nevada, or any county, municipal corporation, city, unincorporated town or school district in the State of Nevada [.] , or to vehicles for whose operation money is provided by the state or Federal Government and which are operated solely for the transportation of or furnishing services to elderly or handicapped persons, or to the emergency vehicles owned by any volunteer fire department or volunteer ambulance service based in this state.
2. Any vehicle which ceases to be used exclusively for the purpose for which it is exempted from the privilege tax by this section becomes immediately subject to that tax.
3. Vehicles exempted from the privilege tax by this section which are leased, loaned or otherwise made available to and used by a private individual, association or corporation in connection with a business conducted for profit are subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such vehicle.
Sec. 2. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
2. License plates furnished for:
(a) Those automobiles which are maintained for and used by the governor 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 any authorized federal or out-of-state law enforcement agency;
κ1979 Statutes of Nevada, Page 932 (CHAPTER 481, AB 222)κ
law enforcement assistance and any authorized federal or out-of-state law enforcement agency;
(b) 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; [and]
(c) Vehicles of a city, county or the state, except any assigned to the Nevada industrial commission, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and
(d) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) Duly appointed city or county juvenile officers;
(5) District attorney offices;
(6) Sheriff offices; and
(7) Police departments in the state,
shall not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $5.50 per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (c) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.
4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or though the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
5. For the purposes of this section, exempt vehicle means a vehicle [owned by the State of Nevada or any of its political subdivisions.] exempt from the privilege tax, except one owned by the United States.
6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 933κ
Assembly Bill No. 224Assemblymen Mello, Bremner, May, Dini, Glover, Jeffrey, Bedrosian, Bennett, Chaney, Barengo, Westall, Getto, Coulter, Horn, Hayes, Polish, Banner, Vergiels, Malone, Mann, Tanner, Sena, Fielding, Craddock and Rhoads
CHAPTER 482
AN ACT relating to public officers and employees; increasing the amounts payable by the state for group insurance coverage of officers and employees; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on group insurance shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all [such] state officers and employees.
2. Negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers and employees by participation in the state group insurance program.
3. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state for the benefit of all eligible [state] public officers and employees who elect to participate in the states group insurance program.
4. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
5. Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive.
Sec. 2. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the monthly premiums of that group insurance, not to exceed [$43.09,] the amount specified by law, applied to both group life and group accident or health coverage, for each [state or other participating] public officer or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. State participation in the cost of monthly premiums must not exceed the amounts specified in this subsection.
2. A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
Sec. 3. The cost of monthly premiums which may be applied to group life, accident or health coverage for each participating public officer or employee, or his dependents, by the department, agency, commission or public agency which employs the officer or employee may not exceed $54 for the 1979-80 fiscal year, and $67 for the 1980-81 fiscal year.
κ1979 Statutes of Nevada, Page 934 (CHAPTER 482, AB 224)κ
or public agency which employs the officer or employee may not exceed $54 for the 1979-80 fiscal year, and $67 for the 1980-81 fiscal year.
Sec. 4. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 225Assemblyman Hayes
CHAPTER 483
AN ACT relating to minors; prohibiting the employment of minors only in those public dancehalls in which alcoholic beverages are dispensed; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 609.210 is hereby amended to read as follows:
609.210 [1.] Every person who employs, or causes to be employed, exhibits or has in his custody for exhibition or employment, any minor, and every parent, relative, guardian, employer or other person having the care, custody or control of any [such] minor, who in any way procures or consents to the employment of [such] the minor:
[(a)] 1. In begging, receiving alms, or in any mendicant occupation;
[(b)] 2. In any indecent or immoral exhibition or practice;
[(c)] 3. In any practice or exhibition dangerous or injurious to life, limb, health or morals;
[(d)] 4. As a messenger for delivering letters, telegrams, packages or bundles to any house of prostitution or assignation;
[(e)] 5. In any public dancehall within this state [;] where alcoholic beverages are dispensed; or
[(f)] 6. In any area of a casino where there is gaming or where the sale of alcoholic beverages is the primary commercial activity unless the minor is in the casino area to provide entertainment pursuant to an employment contract,
is guilty of a misdemeanor.
[2. As used in this section a public dancehall means a dancehall where women or girls are either employed or attend for profit either directly or indirectly to themselves.]
________
κ1979 Statutes of Nevada, Page 935κ
Assembly Bill No. 269Committee on Judiciary
CHAPTER 484
AN ACT relating to taxicabs; conferring the power of subpena upon the taxicab authority and the taxicab administrator; increasing the number of members on the authority; revising duties of the authority and administrator; increasing fees charged to holders of certificates; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever the taxicab authority or the administrator is authorized or required by law to conduct a hearing, the administrator may issue subpenas requiring the attendance of witnesses before the authority or the administrator, respectively, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called, take testimony thereunder, and take depositions within or without the state, as the circumstances of the case may require. The administrator or any member of the authority may administer oaths to any witnesses called to testify in any hearing before the authority.
2. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the administrator.
3. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena, the administrator may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this section; and
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the taxicab authority or the administrator in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the authority or the administrator.
4. The court, upon petition of the administrator shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such 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 must be served upon the witness. If it appears to the court that the subpena was regularly issued by the administrator, the court may thereupon enter an order that the witness appear before the authority or the administrator 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.
κ1979 Statutes of Nevada, Page 936 (CHAPTER 484, AB 269)κ
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. 2. NRS 706.881 is hereby amended to read as follows:
706.881 1. NRS 706.8811 to 706.885, inclusive, and section 1 of this act, apply to [a] any county whose population is 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. Within any such county, [those] the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.
Sec. 3. Section 125 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:
Sec. 125. NRS 706.881 is hereby amended to read as follows:
706.881 1. NRS 706.8811 to 706.885, inclusive, and section 1 of Assembly Bill No. 269 of the 60th session of the Nevada legislature apply to any county whose population is [200,000] 250,000 or more. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
2. Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.
Sec. 4. NRS 706.8811 is hereby amended to read as follows:
706.8811 As used in NRS 706.881 to 706.885, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in [NRS 706.8812 to 706.8817, inclusive.] those sections.
Sec. 5. NRS 706.8818 is hereby amended to read as follows:
706.8818 1. [For each county of this state to which NRS 706.881 to 706.885, inclusive, apply, a] A taxicab authority, consisting of [three] five members appointed by the governor, is hereby created. No member may serve for more than 6 years. No more than [two] three members may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.
2. Each member of the taxicab authority is entitled to receive as compensation $40 for each day actually employed on work of the authority, and reimbursement for necessary travel and per diem expenses in the manner provided by law.
3. The taxicab authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and section 1 of this act, and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive [.], and section 1 of this act. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and section 1 of this act, and regulations adopted pursuant thereto.
κ1979 Statutes of Nevada, Page 937 (CHAPTER 484, AB 269)κ
4. Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, and section 1 of this act, every regulation and order issued by the public service commission of Nevada [shall remain] remains effective in a county to which [NRS 706.881 to 706.885, inclusive,] those sections apply until modified or rescinded by the taxicab authority, and shall be enforced by the taxicab authority.
Sec. 6. NRS 706.882 is hereby amended to read as follows:
706.882 [For each county to which NRS 706.881 to 706.884, inclusive, apply, the governor shall, until December 31, 1973, appoint a taxicab administrator. On and after January 1, 1974, the] The governor shall appoint [the] a taxicab administrator from a list of three names submitted to him by the taxicab authority, who shall serve at the pleasure of the governor. The administrator [shall be] is in the unclassified service of the State of Nevada and is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. The taxicab authority may remove the administrator for good cause shown. The taxicab administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 7. NRS 706.8822 is hereby amended to read as follows:
706.8822 The administrator shall conduct administrative hearings and make final decisions, subject to appeal by any aggrieved party to the taxicab authority, in the following matters:
1. Any violation relating to the issuance of or transfer of motor carrier license plates required by either the taxicab authority or the department of motor vehicles;
2. Complaints against certificate holders;
3. Complaints against taxicab drivers; [and]
4. Applications for, or suspension or revocation of, [driver] drivers permits which may be required by the administrator [.] ; and
5. Imposition of monetary penalties.
Sec. 8. NRS 706.8823 is hereby amended to read as follows:
706.8823 The administrator shall conduct hearings and submit recommendations for a final decision to the taxicab authority, which shall render a final decision in the following matters:
1. Allocation of taxicabs; and
2. [Imposition of monetary penalties; and
3.] Suspension or revocation of a certificate holders certificate of public convenience and necessity.
Sec. 9. NRS 706.8826 is hereby amended to read as follows:
706.8826 1. The board of county commissioners of any county in which there is in effect a taxicab allocation order of a taxicab authority, and the governing body of each city within any such county, shall deposit with the state treasurer to the credit of the taxicab authority fund all of the taxi revenue which is received from the taxicab industry operating in such county and city, respectively.
2. For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.
3. Any certificate holder who is subject to an allocation order of the taxicab authority shall pay to the taxicab authority $100 per year for each taxicab that the taxicab authority has allocated to the certificate holder and [5] 10 cents per trip for each compensable trip of each such taxicab, which may be added to the meter charge.
κ1979 Statutes of Nevada, Page 938 (CHAPTER 484, AB 269)κ
for each taxicab that the taxicab authority has allocated to the certificate holder and [5] 10 cents per trip for each compensable trip of each such taxicab, which may be added to the meter charge. The [funds] money so received by the taxicab authority [shall] must be paid to the state treasurer for deposit in the state treasury to the credit of the taxicab authority fund.
Sec. 10. 1. Sections 7, 8 and 9 of this act shall become effective upon passage and approval.
2. The remaining sections of this act shall become effective on July 1, 1979.
________
Assembly Bill No. 327Committee on Ways and Means
CHAPTER 485
AN ACT relating to state parks; making an appropriation and authorizing expenditures for capital improvements to state parks and for improvement of boating and other outdoor recreational facilities associated with boating; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $1,328,343 for capital improvements in Nevadas state parks.
2. The division of state parks may expend the sum of $1,028,642 obtained from the Federal Government for capital improvements in Nevadas state parks.
3. For purposes of this section, capital improvements includes contracts for the services of consultants who participate with the division of state parks in planning for capital improvements.
Sec. 2. 1. The division of state parks of the state department of conservation and natural resources may expend $500,000 of the money deposited to its credit pursuant to NRS 365.535 for improvement of boating and other outdoor recreational facilities associated with boating.
2. The division of state parks may expend the sum of $355,576 obtained from the Federal Government for improvement of boating and other outdoor recreational facilities associated with boating.
Sec. 3. After June 30, 1981, 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. 4. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 939κ
Assembly Bill No. 444Committee on Ways and Means
CHAPTER 486
AN ACT relating to the state personnel system; changing the amount of and eligibility for payment for sick leave not taken; prohibiting use of sick leave during first 6 months of employment; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. During the first 6 months of employment of any employee in the public service, sick leave accrues as provided in this subsection, but no sick leave may be taken during that period. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the personnel division may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long term or chronic illness and has used all sick leave otherwise available to him. [Upon the retirement of an employee who has 15 years or more of service under the public employees retirement system or the death of an employee who has such service while in public employment, the employee or his beneficiaries are entitled to payment of not more than $2,500 for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward.] Upon the retirement of an employee or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of service under the public employees retirement system as follows:
(a) For 10 years of service or more but less than 15 years, not more than $1,500.
(b) For 15 years of service or more but less than 20 years, not more than $2,500.
(c) For 20 years of service or more, not more than $3,500. The personnel division may by regulation provide for additional sick and disability leave for long term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System are entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
κ1979 Statutes of Nevada, Page 940 (CHAPTER 486, AB 444)κ
without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
4. The personnel division may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines than an employee has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of the accrued sick leave of such employee.
________
Assembly Bill No. 474Committee on Ways and Means
CHAPTER 487
AN ACT relating to the Public Employees Retirement Act; making fiscal changes thereto; requiring that certain public employers pay employee contributions for police officers and firemen; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.025 is hereby amended to read as follows:
286.025 1. Except as otherwise provided with respect to volunteer firemen, compensation is the salary paid to a member by his principal public employer.
2. The term includes:
(a) Base pay, which is the monthly rate of pay excluding all fringe benefits.
(b) Additional payment for longevity, shift differential [and] , hazardous duty [.] , work performed on a holiday if it does not exceed the working hours of the normal workweek or pay period for that employee, and:
(1) In the case of a police officer, holding oneself ready for duty while off duty.
(2) In the case of a fireman, returning to duty after ones regular working hours.
[(b)] (c) Payment for extra duty assignments if it is the standard practice of the public employer to include such pay in the employment contract or official job description for the calendar or academic year in which it is paid and such pay is specifically included in the members employment contract or official job description.
(d) The aggregate compensation paid by two separate public employers, if one member is employed half time or more by one, and half time or less by the other, if the total does not exceed full-time employment and the duties of both positions are similar and the employment is pursuant to a continuing relationship between the employers.
κ1979 Statutes of Nevada, Page 941 (CHAPTER 487, AB 474)κ
the duties of both positions are similar and the employment is pursuant to a continuing relationship between the employers.
3. The term does not include:
(a) Payment for overtime, terminal leave or secondary employment.
(b) Payment for employment which is [less than half-time or for which the employee does not receive the full benefits provided to other employees of the public employer at least in proportion to the percentage of full time for which he is employed.] not eligible service.
(c) Any bonus or additional salary which is paid to an employee on account of his promise, express or implied, to retire on a specified date or within a specified period [.] , or any bonus or additional salary paid to an employee predicated upon his eligibility to retire whether promised or not. Failure to pay a like bonus or additional salary to another employee in like circumstances who has not promised so to retire creates a rebuttable presumption that payment to the first employee was on account of his promise.
Sec. 1.2. NRS 286.330 is hereby amended to read as follows:
286.330 The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. [Persons] Except as provided in section 3.3 of this act, persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Substitute teachers and students who are employed by the institution which they attend.
6. District court judges and supreme court justices first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
7. Members of the professional staff of the University of Nevada System who are employed on or after July 1, 1977.
8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. Persons assigned to intermittent or temporary positions unless the assignment exceeds 120 consecutive days in any fiscal or calendar year.
Sec. 1.4. NRS 286.421 is hereby amended to read as follows:
286.421 1. Except as limited in this section, any participating public employer may pay on behalf of its employees the employee contributions required by subsection 1 of NRS 286.410. The state board of examiners shall elect on behalf of all state agencies which have employees within the classified service of the state, as established by chapter 284 of NRS, whether to pay such contributions. The public employees retirement board shall elect whether to pay such contributions on behalf of its employees in the unclassified service.
κ1979 Statutes of Nevada, Page 942 (CHAPTER 487, AB 474)κ
board shall elect whether to pay such contributions on behalf of its employees in the unclassified service. The board of regents shall elect whether to pay such contributions on behalf of the professional staff of the University of Nevada System.
2. Payment of employee contributions shall be:
(a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or
(b) Counterbalanced by equivalent reductions in employee salaries.
3. The average compensation from which the amount of benefits payable pursuant to this chapter is determined shall be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and shall not be less than it would have been if contributions had been made by the member and the public employer separately.
4. Employee contributions made by a public employer shall be deposited in either the public employees retirement fund or the police and firemens retirement fund as is appropriate. These contributions shall not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.
5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer shall not be canceled upon the termination of his service.
6. If an employer elects to pay the basic contribution on behalf of its employees, the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:
(a) For all employees except police officers and firemen, 15 percent of compensation.
(b) For police officers and firemen 17 percent of compensation.
[A] Except as provided in subsection 7, a public employer which has elected to pay the basic contribution on behalf of its employees may, to the extent that the respective percentage rates of such contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of such increase as provided in subsection 2.
7. For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution shall be equally divided between employer and employee.
8. An election by an employer to begin or to discontinue paying the basic contribution on behalf of its employees becomes effective at the beginning of the next fiscal year or established payroll adjustment period.
9. Public employers other than the State of Nevada must pay the entire employee contribution for those employees who contribute to the police and firemens retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution.
Sec. 1.65. NRS 286.520 is hereby amended to read as follows:
286.520 1. Except as otherwise provided in subsection 3 [,] and section 3.3 of this act, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment if:
κ1979 Statutes of Nevada, Page 943 (CHAPTER 487, AB 474)κ
employer under this system is disqualified from receiving any allowances under this system for the duration of that employment if:
(1) He accepted the employment within 90 calendar days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in this system.
(b) If a retired employee accepts employment with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates immediately upon his earning more than $4,800 in any fiscal year, for the duration of that employment.
(c) If a retired employee accepts employment with an employer that is not a public employer under this system, he is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the system:
(a) Within 10 days after the first day of an employment governed by paragraph (a); and
(b) Within 30 days after the first day of an employment governed by paragraph (b),
of subsection 1.
3. The system may waive for one period of 30 days or less a retired employees disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
Sec. 2. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has 5 years or more of service and who becomes totally unable to perform a comparable job because of injury or mental or physical illness of a permanent nature is entitled to receive a disability retirement allowance if:
(a) [His] Except as provided in subsection 6, his employment is terminated because of such disability;
(b) He is in the employ of a participating member at the time of incapacitation for service;
(c) He has been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation is the result of injuries incurred in the course of such employment;
(d) He files official application for disability retirement with the system prior to termination of employment with the public employer;
(e) The public employer files an official statement certifying the members employment record, work evaluations, record of disability and absences that have occurred because of the disability; and
(f) The immediate supervisor of the member files an official statement regarding the disability incident, effect upon the work of the member after the disability, job functions that can no longer be performed because of the disability, and whether or not there are related activities that can be performed by the member.
2. If 6 months or more of employment immediately precede the incapacitation, such injury or mental or physical illness need not have arisen out of and in the course of employment.
κ1979 Statutes of Nevada, Page 944 (CHAPTER 487, AB 474)κ
incapacitation, such injury or mental or physical illness need not have arisen out of and in the course of employment.
3. Such disability retirement allowance shall be calculated in the same manner and under the same conditions as provided for service retirement calculations in NRS 286.551, except that age is not a condition of eligibility and that the allowance shall be reduced by the amount of any other benefit received from any source on account of the same disability:
(a) If such benefit is provided or was purchased by the expenditure of public moneys; and
(b) To the extent that the total benefit would otherwise exceed his average compensation.
4. A member may apply for disability retirement even if he is eligible for service retirement.
5. Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 286.673 only if the decedent had not reached the age and completed the service required to receive a service retirement allowance.
6. If a member whose application for disability retirement has been approved dies before his employment is terminated, his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.
Sec. 3. NRS 286.672 is hereby amended to read as follows:
286.672 1. Except as provided in subsection 3, if a deceased member [has] had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death or was a regular, part-time employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding his death, or if his rights under this chapter were vested, certain of his dependents are eligible for payments as provided in NRS 286.671 to 286.6791, inclusive. If the death of such member resulted from a mental or physical condition which required him to leave the employ of a participating public employer or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after such termination, or commencement of leave without pay.
2. If the death of a member occurs while he is on leave of absence granted by his employer for further training, and if he met the requirements of subsection 1 at the time such leave began, certain of his dependents are eligible for payments as provided in subsection 1.
3. If the death of a member is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior contributing service is required to make his dependents eligible for payments under NRS 286.671 to 286.6791, inclusive, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.
Sec. 3.3. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 945 (CHAPTER 487, AB 474)κ
1. A retired employee who accepts employment in a position eligible for membership may enroll in the system as of the effective date of that employment. If he so enrolls, he:
(a) Forfeits all retirement allowances for the duration of that employment.
(b) Gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. This additional allowance must be added to his original allowance. The additional allowance must be under the same option and designate the same beneficiary as the original allowance.
2. The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limit imposed by NRS 286.551.
Sec. 3.5. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A retired employee whose service retirement allowance is payable from the police and firemens retirement fund is entitled to receive his service retirement allowance without modification.
2. Upon the death of such a person, a person who was his spouse both at the time of his retirement and the time of his death is entitled to receive a benefit equal to 50 percent of the service retirement allowance to which the retired employee was eligible upon attaining the age of 50 years.
3. This section does not apply to:
(a) A person who begins receiving a service retirement allowance or a benefit from the police and firemens retirement fund before July 1, 1981.
(b) An employee of the State of Nevada.
Sec. 3.7. The state board of examiners shall provide for a full explanation of the program of payment of employee contributions by employers and hold an advisory referendum for all classified employees of the state to determine whether or not they would favor this program as provided in NRS 286.421.
Sec. 4.5. 1. This section and sections 3.3 and 3.7 of this act shall become effective upon passage and approval. Section 3.3 of this act is retroactive to January 1, 1979.
2. Sections 1.2 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1979.
3. Section 3.5 of this act shall become effective on July 1, 1981, only if the total contribution rate then required for police officers and firemen equals or exceeds the rate recommended by the biennial actuarial valuation and report on the system as of June 30, 1980.
________
κ1979 Statutes of Nevada, Page 946κ
Assembly Bill No. 479Assemblymen Wagner, Hayes, Stewart, Coulter, Cavnar, Barengo, Bedrosian, Weise, Bennett, Horn, Prengaman, Chaney, Malone and Banner
CHAPTER 488
AN ACT relating to injunctions; providing for a temporary restraining order in certain situations of domestic violence; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 33 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A temporary restraining order may be granted, with or without notice to the adverse party, if it appears to the satisfaction of the court from specific facts shown by affidavit that the applicant is related to the adverse party by blood or marriage, or is or was actually residing with him, and:
(a) The adverse party has committed an act of violence resulting in actual physical injury upon:
(1) The applicant; or
(2) A minor child of one of the parties; or
(b) There exists the threat of imminent physical injury to the applicant or minor child if the adverse party is not restrained.
2. The affidavit must:
(a) State the length of time the applicant and the adverse party have actually resided together or the length of time since they last actually resided together;
(b) Describe the nature of the relationship between the applicant and the adverse party; and
(c) Describe any property interest the adverse party may have in the applicants place of residence, if the applicant seeks his removal from that place.
3. The court may require the applicant or the adverse party, or both, to appear before it before determining whether or not to grant the temporary restraining order.
4. The court by the temporary restraining order may:
(a) Enjoin the adverse party from threatening or physically injuring the applicant or minor child.
(b) Exclude the adverse party from the applicants place of residence for a period not to exceed 30 days where this exclusion is necessary to the physical well-being of the applicant or minor child.
5. A temporary restraining order which is granted with notice to the adverse party expires within such time, not to exceed 30 days, as the court fixes. If the order is granted without that notice, it expires within 15 days after it is issued, unless within that time, for good cause shown, the order is extended for a like period or unless the adverse party consents that it may be extended for a longer period.
6. On 2 days notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
κ1979 Statutes of Nevada, Page 947 (CHAPTER 488, AB 479)κ
the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
7. The court shall transmit a copy of the temporary restraining order to the local law enforcement agency which has jurisdiction over the residence of the applicant or the minor child.
8. A temporary restraining order may be granted under this section without regard to whether an action for divorce, annulment of marriage or separate maintenance has been filed respecting the applicant and the adverse party.
9. Any person who violates a temporary restraining order granted under this section is guilty of a misdemeanor.
________
Assembly Bill No. 534Committee on Ways and Means
CHAPTER 489
AN ACT relating to surviving spouses of supreme court justices and district court judges; lowering the age at which the survivors benefits are payable; increasing the amount of the benefits; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his [or her] death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his [or her] death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, [providing such] if the spouse has attained the age of [65] 60 years, is entitled, until his [or her] death or remarriage, to receive [the sum of $400] payments of $500 per month.
2. To [be entitled to receive the benefits herein provided for,] obtain such benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable [rules and] regulations [to be] adopted for the purpose of carrying out the intent of this section.
3. It is the intent of this section that no special fund be created for the purpose of paying [the benefits herein required to be made, and any] such benefits, and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund now or hereafter created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 2. NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his [or her] death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his [or her] death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, [providing such] if the spouse has attained the age of [65] 60 years, is entitled, until his [or her] death or remarriage, to receive [the sum of $400] payments of $500 per month.
κ1979 Statutes of Nevada, Page 948 (CHAPTER 489, AB 534)κ
retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his [or her] death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, [providing such] if the spouse has attained the age of [65] 60 years, is entitled, until his [or her] death or remarriage, to receive [the sum of $400] payments of $500 per month.
2. To [be entitled to receive the benefits herein provided for,] obtain such benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable [rules and] regulations [to be] adopted for the purpose of carrying out the intent of this section.
3. It is the intent of this section that no special fund be created for the purpose of paying [the benefits herein required to be made, and any] such benefits, and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund now or hereafter created for the purpose of paying pension benefits to district judges.
________
Assembly Bill No. 564Committee on Labor and Management
CHAPTER 490
AN ACT relating to industrial insurance; clarifying the compulsory coverage of musicians; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.055 is hereby amended to read as follows:
616.055 Employee and workman are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
κ1979 Statutes of Nevada, Page 949 (CHAPTER 490, AB 564)κ
average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the terms of this chapter if the lessee had covered itself and its employees under the terms, conditions and provisions of this chapter.
6. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.
Sec. 2. NRS 616.060 is hereby amended to read as follows:
616.060 Employee excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged as a theatrical or stage performer or in an exhibition. [except members of local supporting bands and orchestras commonly known as house bands.]
3. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.
4. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
[4.] 5. Any person performing services as a voluntary ski partrolman who receives no compensation for his services other than meals, lodging, or use of the ski tow or lift facilities.
Sec. 3. NRS 617.070 is hereby amended to read as follows:
617.070 Employee and workman are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively;
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor be relieved from providing and securing compensation under the provisions of this chapter if the lessee has covered itself and its employees under the provisions of this chapter.
κ1979 Statutes of Nevada, Page 950 (CHAPTER 490, AB 564)κ
6. Volunteer firemen entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.
7. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.
Sec. 4. NRS 617.080 is hereby amended to read as follows:
617.080 Employee excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
3. Any person engaged as a theatrical or stage performer or in an exhibition. [except members of local supporting bands and orchestras commonly known as house bands.]
4. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.
________
Assembly Bill No. 580Committee on Commerce
CHAPTER 491
AN ACT relating to optometry; authorizing the certification of licensed optometrists to use certain drugs for diagnostic purposes; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 636 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No licensed optometrist may administer topical ophthalmic pharmaceutical agents without having received certification from the board authorizing him to do so.
2. The board shall adopt regulations prescribing the diagnostic uses to which the agents enumerated in subsection 3 may put, the manner in which such agents may be used, and the qualifications and requirements for such certification which must include:
(a) A currently valid license to practice optometry in this state;
(b) Satisfactory completion of a curriculum approved by the board, which must include general and ocular pharmacology, at an institution approved by the board and accredited by a regional or professional accrediting organization and recognized or approved by the Council on Post-Secondary Accreditation, the Northwest Accreditation Association or the United States Office of Education of the Department of Health, Education and Welfare; and
(c) Successful completion of an appropriate examination approved and administered by the board.
κ1979 Statutes of Nevada, Page 951 (CHAPTER 491, AB 580)κ
3. The following topical ophthalmic pharmaceutical agents may be used, in the concentrations specified, for diagnostic purposes by an optometrist who has been authorized by the board to do so:
(a) Mydriatics:
(1) Phenylephrine hydrochloride, 2.5 percent.
(2) Hydroxyamphetamine hydrobromide, 1 percent.
(b) Cycloplegics:
(1) Tropicamide, 1 percent.
(2) Cyclopentolate, 1 percent.
(3) Homatropine hydrobromide, 5 percent.
(4) Atropine sulfate, 0.5 percent.
(c) Topical anesthetics:
(1) Proparacaine hydrochloride, 0.5 percent.
(2) Benoxinate hydrochloride, 0.4 percent.
(3) Piperocaine hydrochloride, 2 percent.
(d) Miotics:
(1) Pilocarpine, 1 percent in ordinary use.
(2) Pilocarpine, 3 percent for emergency use only.
Sec. 2. NRS 636.015 is hereby amended to read as follows:
636.015 Unless otherwise indicated by the context, words and phrases, or variants thereof, employed in this chapter [shall] must be construed and given meanings, for the purpose of this chapter, in accordance with the following definitions:
1. Advertise means the use of a newspaper, magazine or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, tag, label, window display, store sign, radio announcement, or any other means or method now or hereafter employed to bring to attention of the public the practice of optometry or the prescribing, fitting or dispensing, in connection therewith, of lenses, frames, eyeglasses or other accessories or appurtenances.
2. Applicant means a person who has applied for examination or for a license by reciprocity.
3. Association means the Nevada State Optometric Association.
4. Board means the Nevada state board of optometry.
5. Complaint means a complaint against a licensee for the revocation or suspension of his license.
6. Diagnostic pharmaceutical agents means topical ophthalmic anesthetics and topical cycloplegics, miotics and mydriatics.
7. Examination means examination of an applicant or applicants for a license.
[7.] 8. Examinee means a person being or who has been examined by the board.
[8.] 9. Eye means the human eye.
[9.] 10. Fee means a fee payable by an applicant or licensee to the secretary.
[10.] 11. Governor means the governor of the State of Nevada.
[11.] 12. License means a license to practice optometry in the State of Nevada.
[12.] 13. Licensee means a person licensed to practice optometry in the State of Nevada.
κ1979 Statutes of Nevada, Page 952 (CHAPTER 491, AB 580)κ
[13.] 14. Meeting means a meeting of the board.
[14.] 15. Member means a member of the board.
[15.] 16. Membership means membership in the board.
[16.] 17. Ophthalmic lens means a lens which has cylindrical, prismatic or spherical power or value.
[17.] 18. Practice of optometry means the doing of any or all the things mentioned in NRS 636.025.
[18.] 19. President means the president of the board.
[19.] 20. Register means the register of the licensees.
[20.] 21. Registration means registration as a licensee.
[21.] 22. Secretary means the secretary of the board.
[22.] 23. State means the State of Nevada.
[23.] 24. Trial frame or test lens means a frame or lens used in testing the eye, which is not sold and not for sale to patients.
[24.] 25. Unethical or unprofessional conduct means the doing of any or all of the things mentioned in NRS 636.300.
Sec. 3. NRS 636.025 is hereby amended to read as follows:
636.025 The acts hereinafter enumerated in this section, or any of them, whether done severally, collectively or in combination with other acts not hereinafter enumerated, [shall be deemed to] constitute practice in optometry within the purview of this chapter.
1. Advertisement or representation as an optometrist.
2. Adapting, or prescribing or dispensing, without prescription by a licensed Nevada practitioner of optometry or medicine, any ophthalmic lens, frame or mounting, or any part thereof, for correction, relief or remedy of any abnormal condition or insufficiency of the eye or any appendage or visual process thereof. The provisions of this subsection shall not be construed to prevent an optical mechanic from doing the mere mechanical work of replacement or duplication of [such] the ophthalmic lens, nor shall the provisions hereof prevent a licensed dispensing optician from engaging in the practice of ophthalmic dispensing.
3. Examination of the human eyes and appendages thereof; measurement of the powers or range of human vision; determination of the accommodative and refractive states of the eye or the scope of its function in general; or diagnosis or determination of any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of eyes, or appendages or visual processes thereof.
4. Prescribing or directing the use of, or using any optical device in connection with ocular exercises, orthoptics or visual training.
5. The prescribing of contact lenses.
6. The measurement, fitting or adaption of contact lenses to the human eye except under the direction and supervision of a physician, surgeon or optometrist licensed in the State of Nevada.
7. The topical use of diagnostic pharmaceutical agents to determine any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of eyes, appendages or visual processes.
Sec. 4. NRS 636.300 is hereby amended to read as follows:
636.300 [The] Any of the following acts [, or any of them, on the part of the] by a licensee [shall constitute] constitutes unethical or unprofessional conduct:
κ1979 Statutes of Nevada, Page 953 (CHAPTER 491, AB 580)κ
1. Association as an optometrist with any person, firm or corporation violating this chapter.
2. Accepting employment, directly or indirectly, from a person or persons not licensed to practice optometry in this state for the purpose of assisting him or them in such practice or enabling him or them to engage therein.
3. Making a house-to-house canvass, either in person or by another or other persons, for the purpose of advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
4. Division of fees with another optometrist except for services based on division of service or responsibility.
5. Division of fees or any understanding or arrangement with any person not an optometrist.
6. Employing any person to solicit house-to-house for the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
7. Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to his method of practice or skill, or the method of practice or skill of any other licensee.
8. Advertising in any manner that will tend to deceive, defraud or mislead the public.
9. Advertising, directly or indirectly, free optometric examinations or services.
10. Advertising, directly or indirectly, any rates or definite amount or terms for optometric materials or services.
11. Practicing in or on premises where any materials other than those necessary to render optometric examinations or services are dispensed to the public, or where a commercial or mercantile business is being conducted not exclusively devoted to optometry or other health care professions and materials or merchandise are displayed having no relation to the practice of optometry or other health care professions.
12. Use for the purpose of treatment of any agent which the licensee is authorized by the board to use only for the purpose of diagnosis.
Sec. 5. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Nothing contained in this chapter prohibits an optometrist certified under section 1 of this act from purchasing drugs which he is authorized to use under chapter 636 of NRS.
Sec. 6. NRS 454.316 is hereby amended to read as follows:
454.316 1. Except as otherwise provided in this section, every person who possesses any drug defined in NRS 454.201, except that furnished to such person by a pharmacist pursuant to a legal prescription or a physician, dentist, podiatrist or veterinarian, is guilty of a gross misdemeanor. If such person has been twice previously convicted of any offense:
(a) Described in this section; or
(b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,
he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
κ1979 Statutes of Nevada, Page 954 (CHAPTER 491, AB 580)κ
2. No prescription is required for possession of [such] those drugs by pharmacists, physicians, dentists, podiatrists, veterinarians, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in [such] those drugs when [such drugs] they are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.
3. No prescription is required for an optometrist certified under section 1 of this act to possess drugs which he is authorized to use under chapter 636 of NRS.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 712Committee on Commerce
CHAPTER 492
AN ACT relating to the superintendent of banks; requiring reasonable fees to be collected for certain examinations; increasing the maximum amounts chargeable for certain examinations and investigations; reducing the required frequency of certain examinations; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable investigation fee of $100 [shall] must accompany each new application for a collection agency license.
2. A fee of $100 [shall] must be charged for each collection agency license issued and $50 for each annual renewal of such a license.
3. A fee of $10 [shall] must be charged for each duplicate or location transfer license issued.
4. A nonrefundable investigation fee of $75 [shall] must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a collection agency license.
5. A fee of $20 [shall] must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 [shall] must be charged for the reinstatement of a managers certificate.
7. A registration fee of $10 [shall] must accompany each application for the registration of an employee of a collection agency.
8. A fee of $5 [shall] must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless [such] the fee or portion thereof is excused by the superintendent for good cause shown.
9. For each examination the superintendent shall charge and collect from the licensee a [fee of $7.50] reasonable fee for each man hour expended in conducting the examination and in preparing and typing the examination report, but the total fee [shall] must not exceed [$300] $800 for any regular examination or investigation unless some irregularity is disclosed during the course of [such] the regular examination warranting special or additional investigation or examination.
κ1979 Statutes of Nevada, Page 955 (CHAPTER 492, AB 712)κ
expended in conducting the examination and in preparing and typing the examination report, but the total fee [shall] must not exceed [$300] $800 for any regular examination or investigation unless some irregularity is disclosed during the course of [such] the regular examination warranting special or additional investigation or examination. If such an irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of [such] the irregularity at [the rate of $7.50] a reasonable rate for each man hour so required.
10. All [moneys] money received by the superintendent under this chapter [shall be turned in to the state treasury to constitute a fund from which the expenses of carrying out the provisions of this chapter shall first be defrayed. Annually, any balance remaining shall go into the general fund of the state.] must be deposited in the state treasury for credit to the appropriate account within the state general fund, for use of the banking division to carry out the provisions of this chapter. At the end of each fiscal year, any remaining balance lapses within the state general fund.
Sec. 2. NRS 658.096 is hereby amended to read as follows:
658.096 1. The superintendent shall charge and collect the following examination and survey fees in connection with his official duties:
(a) For examination of state banks:
(1) A fee of $100 for each parent bank, payable on June 30 and December 31 of each year.
(2) A fee of $25 for each branch bank, payable on June 30 and December 31 of each year.
(3) [A fee of 4 cents per $1,000 of] Based upon the total assets of all banks, payable semiannually on the basis of the call report of condition as of June 30 and December 31 of each year [.] , a fee of 6 cents per $1,000 for the first $500,000,000, 4 cents per $1,000 for the next $500,000,000, and 2 cents per $1,000 for amounts over $1,000,000,000.
(b) For surveys of new branch bank sites or new bank applications:
(1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
(c) For a special bank examination:
(1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
(d) For examination of trust departments of state banks:
(1) $125 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
2. All [moneys] money collected under this section [shall] must be paid into the state general fund. [in the state treasury.]
Sec. 3. NRS 665.025 is hereby amended to read as follows:
665.025 [1.] The superintendent shall make a thorough examination of and into the affairs of every bank doing business under this Title, as often as the superintendent may deem necessary, [and] but at least [twice] once within each 18-month period [,] commencing on [July 1, 1971, one examination of which may be conducted jointly with any federal agency having jurisdiction or making an examination of state banks.
κ1979 Statutes of Nevada, Page 956 (CHAPTER 492, AB 712)κ
as often as the superintendent may deem necessary, [and] but at least [twice] once within each 18-month period [,] commencing on [July 1, 1971, one examination of which may be conducted jointly with any federal agency having jurisdiction or making an examination of state banks.
2. The superintendent may adopt as his report the written report of the federal agency with which the joint examination provided for in subsection 1 was conducted.] July 1, 1979.
Sec. 4. NRS 671.120 is hereby amended to read as follows:
671.120 1. Once each year the superintendent shall examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensees business, and the superintendent may conduct such examinations at additional times.
2. For the purpose of [such] the examinations, the superintendent is entitled to enter upon any of the business premises of a licensee or his agents and obtain access to the relevant documents. Any obstruction or denial of such an entry or access is a violation of this chapter.
3. For each such examination the superintendent shall charge and collect from the licensee a reasonable fee for each man hour expended in conducting the examination and in preparing and typing the examination report.
Sec. 5. NRS 675.400 is hereby amended to read as follows:
675.400 1. At least once each year, the superintendent or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of [such] the licensee so far as they pertain to the business licensed under this chapter.
2. For each examination the superintendent shall charge and collect from the licensee [a fee of $7.50] a reasonable fee for each man hour expended in conducting the examination and preparing and typing the examination report.
3. All [moneys] money collected by the superintendent pursuant to subsection 2 [shall] must be deposited in the state general fund. [in the state treasury.]
Sec. 6. NRS 676.270 is hereby amended to read as follows:
676.270 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the superintendent or his duly authorized representative may at any time and shall, at least once each year, investigate the business and examine the books, accounts, papers and records of any licensee.
2. For the purpose of examination the superintendent or his duly authorized representatives [shall have and be given] must be allowed free access to the offices, files, safes and vaults of such licensees.
3. For each examination the superintendent shall charge and collect from the licensee [a fee of $7.50] a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the examination report, but the total fee [shall] must not exceed [$300] $800 for any regular examination or investigation unless some irregularity is disclosed during the course of such regular examination warranting special or additional investigation or examination. If such an irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of [such] the irregularity at [the rate of $7.50] a reasonable rate for each man-hour so required.
κ1979 Statutes of Nevada, Page 957 (CHAPTER 492, AB 712)κ
is disclosed, the licensee shall pay for the additional investigation required by reason of [such] the irregularity at [the rate of $7.50] a reasonable rate for each man-hour so required.
________
Assembly Bill No. 716Assemblyman Rhoads
CHAPTER 493
AN ACT relating to rural electric cooperatives; authorizing certain cooperative corporations to install power lines along public roads; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 405 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A rural electric cooperative which has been formed pursuant to NRS 81.410 to 81.540, inclusive, may erect or bury, and thereafter maintain or operate, power lines, and may permit the maintenance and operation of telephone lines in connection therewith, along public highways, roads, streets and alleys within the area which it holds a certificate of public convenience and necessity to serve. In exercising this right, the cooperative shall not obstruct the natural and proper use of the highway, road, street or alley, and is subject to the requirements of NRS 408.955.
________
Assembly Bill No. 780Committee on Government Affairs
CHAPTER 494
AN ACT relating to professional licenses; abolishing the requirement of filing or recording certain professional licenses with the county clerk or county recorder; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 630.356 is hereby amended to read as follows:
630.356 1. Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the boards order.
2. Every order of the board which limits the practice of medicine or suspends or revokes a license is effective from the date the secretary certifies the order [to the proper county recorder] until the date the order is modified or reversed by a final judgment of the court.
κ1979 Statutes of Nevada, Page 958 (CHAPTER 494, AB 780)κ
order is modified or reversed by a final judgment of the court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS [630.351 and] 233B.140.
3. The district court shall give a petition for judicial review of the boards order priority over other civil matters which are not expressly given [such] priority by law.
Sec. 2. NRS 632.100 is hereby amended to read as follows:
632.100 1. The board shall make and keep a full and complete record of all its proceedings, including a file of all applications for licenses under this chapter, together with the action of the board upon each [such] application, and including a register of all nurses licensed to practice nursing in this state.
2. The board shall maintain in its main office a public docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance, upon or in connection with which any hearing [shall have] has been had, or in which the licensee charged [shall have] has made no defense.
3. At least semiannually, the board shall publish a list of the names and addresses of persons licensed by it under the provisions of this chapter, and of all applicants and licensees whose licenses have been refused, suspended or revoked within 1 year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. [One of the lists shall be mailed to each county clerk and shall be filed by him as a public record.]
Sec. 3. 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 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 must be displayed in the office or place of business or employment of its holder.
Sec. 4. NRS 633.671 is hereby amended to read as follows:
633.671 1. Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the boards order as provided by law.
2. Every order of the board which limits the practice of medicine or suspends or revokes a license is effective from the date the secretary certifies the order [to the proper county recorder] until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS [633.661 and] 233B.140.
3. The district court shall give a petition for judicial review of the boards order priority over other civil matters which are not expressly given [such] priority by law.
Sec. 5. NRS 634.120 is hereby amended to read as follows:
634.120 1. All licenses [shall] must be signed by the president and the secretary and [shall] be attested by the official seal of the board.
κ1979 Statutes of Nevada, Page 959 (CHAPTER 494, AB 780)κ
the secretary and [shall] be attested by the official seal of the board. A fee not to exceed $35 [shall] must be collected before a license is delivered.
2. [Before practicing, a licensee shall file his license with the county recorder of the county in which he intends to practice.
3.] A license to practice chiropractic [shall authorize] authorizes the holder thereof to use the term chiropractic physician.
Sec. 6. NRS 634.190 is hereby amended to read as follows:
634.190 1. After hearing the charges, if it appears to the satisfaction of the board that the person is guilty as charged, the board shall revoke the license of [such] the person, either permanently or temporarily, and by its order suspend the person from the practice of chiropractic within this state, either permanently or temporarily, in the discretion of the board.
2. The board may likewise after finding the person guilty as charged place him on probation, impose a fine pursuant to NRS 634.150, or both.
3. The secretary of the board in all cases of revocation, suspension or probation shall [:
(a) Enter] enter in his records the fact of [such] the revocation, suspension, probation or fine.
[(b) Within 5 days notify the county recorder of the county in which the persons license has been filed.]
Sec. 7. NRS 634.210 is hereby amended to read as follows:
634.210 1. When 60 days [shall] have elapsed after the filing of the order and findings, if no petition for review has been filed, the judge of the district court shall make his order affirming the decision of the board.
2. Until the decision of the board is modified or reversed, the revocation [or] , suspension or probation of [such] the license and the right to practice thereunder [shall be and become] becomes effective on the date the secretary certifies [such] the fact of the decision and order of the board. [to the county recorder of the county in which the persons license has been filed.]
Sec. 8. NRS 634A.160 is hereby amended to read as follows:
634A.160 1. [Every person holding a license authorizing him to practice traditional Oriental medicine, acupuncture, herbal medicine or to serve as an acupuncture assistant in this state shall record his license in the office of the county recorder of the county of his office and residence. Every licensee upon a change of residence or office shall have his certificate recorded in like manner in the county to which he has changed.
2.] Every license [shall] must be displayed in the office, place of business or place of employment of the holder thereof.
[3.] 2. Every person holding a license shall pay to the board on or before February 1 of each year, the annual registration fee required pursuant to subsection [5.] 4. If the holder of the license fails to pay the registration fee his license [shall] must be suspended. The license may be reinstated by payment of the required fee within 90 days after February 1.
[4.] 3. A license which is suspended for more than 3 months under the provisions of subsection [3] 2 may be canceled by the board after 30 days notice to the holder of the license.
κ1979 Statutes of Nevada, Page 960 (CHAPTER 494, AB 780)κ
the provisions of subsection [3] 2 may be canceled by the board after 30 days notice to the holder of the license.
[5.] 4. The annual registration fees [shall] must be prescribed by the board and [shall] must not exceed the following amounts:
(a) Doctor of traditional Oriental medicine...................................................... $500
(b) Doctor of acupuncture................................................................................. 500
(c) Doctor of herbal medicine............................................................................ 300
(d) Licensed acupuncture assistant................................................................. 250
Sec. 9. NRS 635.130 is hereby amended to read as follows:
635.130 The board may revoke any certificate it has issued [, and cause the name of the holder to be stricken from the registration book by the county clerk in the county in which the name of the holder is registered] for any of the following causes:
1. The willful betrayal of a professional secret.
2. The making of a false statement in any affidavit required of the applicant for application, examination and registration under this chapter.
3. Lending the use of the holders name to an unregistered person.
4. If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
5. Habitual indulgence in the use of any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the holder in the performance of his professional duties.
6. Conviction of a crime involving moral turpitude.
7. Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
Sec. 10. NRS 645.220 is hereby amended to read as follows:
645.220 The real estate division shall at least annually, on or before April 1, publish a list of the names and addresses of all licensees licensed by it during the preceding calendar year under the provisions of this chapter, and of licensees whose licenses have been suspended or revoked during the preceding calendar year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. [One of such lists shall be mailed to the county clerk in each county and shall be filed by him as a public record.] Lists shall also be made available by the real estate division to any person in this state upon request, upon payment of a fee established by the division.
Sec. 11. 1. NRS 631.320, 635.090, 636.230, 636.235 and 636.245 are hereby repealed.
2. NRS 625.310, 630.240, 630.354, 630.420, 633.661 and 636.240 are hereby repealed.
Sec. 12. Section 7 of chapter 99, Statutes of Nevada 1979 is hereby repealed.
Sec. 13. Section 3, subsection 1 of section 11 and section 12 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 961κ
Assembly Bill No. 796Committee on Agriculture
CHAPTER 495
AN ACT relating to animals; making various changes in the law relating to the taxation of sheep; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 562.170 is hereby amended to read as follows:
562.170 1. The boards of county commissioners of the several counties, at the time of their annual levy of taxes, must levy the rate of tax fixed by the board, as provided for in NRS 562.160, not to exceed the equivalent of [8] 18 cents per head on all sheep. [assessed by the taxing authorities of the various counties for the year concerned.]
2. The tax [shall] must be collected as other taxes are collected and paid in full to the state treasurer, who shall keep the [same] money in a separate fund to be known as the sheep inspection fund. The sheep inspection fund [shall] must be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this chapter.
Sec. 2. NRS 562.210 is hereby amended to read as follows:
562.210 1. The board [shall have power to do all things it may consider necessary to] may encourage, promote, advance and protect the sheep interests of the state, and may, directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes, not to exceed the equivalent of [2] 10 cents of the levy assessed pursuant to NRS 562.170.
2. The board [shall be] is the sole and exclusive [judges] judge of the expenditures of all sums directly or by the payment to any association, club or other organization [as herein provided.] pursuant to this section.
Sec. 3. NRS 567.110 is hereby amended to read as follows:
567.110 1. The state board of sheep commissioners, acting as the state woolgrowers predatory animal committee, [is empowered and authorized to] may make an annual special tax levy of not to exceed the equivalent of 20 cents per head on all sheep. [assessed by the taxing authorities of the various counties for the year concerned.]
2. The special tax levy [shall be] is designated as the woolgrowers predatory animal control levy. The special tax [shall] must be levied and collected as are other property taxes by the tax-levying and tax-collecting authorities of the various counties [for all sheep assessed on the rolls of the counties] for the tax year following receipt of notice of the special levy from the board by the county taxing authorities.
3. The notice [shall] must be sent by the board to the boards of county commissioners of the several counties on or before September 15 of each year.
________
κ1979 Statutes of Nevada, Page 962κ
Assembly Bill No. 805Committee on Government Affairs
CHAPTER 496
AN ACT relating to landscape architects; increasing the number of members of the board of landscape architecture necessary to constitute a quorum; increasing the maximum amount of certain fees which may be prescribed by the board; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 623A.110 is hereby amended to read as follows:
623A.110 1. The board shall meet at least once each calendar quarter for the purpose of transacting its regular business and may meet at any other time as the board designates.
2. Special meetings of the board [shall] must be called by the secretary upon the written request of any member, by giving 20 days written notice of the meeting and the time and place of the meeting is to be held to each member of the board.
3. [Two] Three members of the board constitute a quorum.
Sec. 2. NRS 623A.240 is hereby amended to read as follows:
623A.240 The following fees shall be [charged under the provisions of this chapter:] prescribed by the board and shall not exceed the following amounts:
Examination fee............................................................................................ [$50] $100
Reexamination fee............................................................................................ [50] 100
Certificate of registration.................................................................................. [35] 70
Renewal fee......................................................................................................... [35] 70
Reinstatement fee.............................................................................................. [35] 70
Delinquency fee................................................................................................. [10] 20
Change of address fee........................................................................................ [5] 10
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Assembly Bill No. 812Committee on Ways and Means
CHAPTER 497
AN ACT relating to the Nevada Thrift Companies Act; increasing the license fees and abolishing the requirement of refunding those fees if a license is not granted; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 677.360 is hereby amended to read as follows:
677.360 1. Each applicant shall pay, in addition to the application fee, a license fee of [$125] $250 if the license is granted after June 30 or a license fee of [$250] $500 if the license is granted [prior to] before July 1. [Such license fee shall be refunded if the license is not granted.]
κ1979 Statutes of Nevada, Page 963 (CHAPTER 497, AB 812)κ
2. On or before December 20 of each year, each licensee shall pay to the director the sum of [$250] $500 for each license held by him as a license fee for the succeeding calendar year.
________
Senate Bill No. 26Committee on Judiciary
CHAPTER 498
AN ACT relating to interest; increasing the maximum contractual rate; defining the components of interest; providing separately for mortgage companies; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 99 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except as otherwise provided by statute with respect to a particular kind of transaction:
1. Interest includes every payment made to the lender or with his knowledge to any third party as an incident to or condition of the extension of credit, such as a commission, bonus, fee, premium or penalty.
2. Interest does not include:
(a) Reasonable amounts actually applied in payment of the expense of inspecting or appraising any security offered in connection with the loan, investigating the responsibility of the applicant or procuring or extending any abstract of title or certificate of title insurance covering the security.
(b) The amount actually paid for the examination of any such abstract or title insurance certificate.
(c) The cost of the preparation, execution and recording of any papers necessary in consummating the loan.
(d) Charges or premiums for credit life, accident or health insurance, or insurance against loss of income, written in connection with any credit transaction if:
(1) The insurance is not required by the lender and this fact is clearly and conspicuously disclosed in writing to the borrower; and
(2) Any borrower desiring such insurance coverage gives specifically dated and separately signed affirmative written indication of this desire after receiving written disclosure to him of the cost of such insurance.
(e) Charges or premiums for insurance, written in connection with any credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, if a clear, conspicuous, and specific statement in writing is furnished by the lender to the borrower setting forth the cost of the insurance if obtained from or through the lender and stating that the borrower may choose the person through whom the insurance is to be obtained.
Sec. 2. NRS 99.050 is hereby amended to read as follows:
99.050 [1.] Parties may agree for the payment of any rate of interest on money due or to become due on any contract which does not exceed the rate of [12] 18 percent per annum.
κ1979 Statutes of Nevada, Page 964 (CHAPTER 498, SB 26)κ
on money due or to become due on any contract which does not exceed the rate of [12] 18 percent per annum. [, except as otherwise provided in subsection 2.
2. If the lowest daily prime rate at the three largest United States banking institutions is 9 percent or more, the maximum rate of interest shall not exceed such lowest daily prime rate plus 3.5 percent. If a loan is made pursuant to this subsection:
(a) The lender shall certify on the loan document, under penalty of perjury, what the lowest prime rate is on the date of execution of the final loan document.
(b) The lender shall not impose any charge or penalty for prepayment of all or any part of the loan.
(c) The lender, except as provided in subsection 4, shall not require any compensating balance or use any other device to increase the cost to the borrower of borrowing the net amount of the loan.
As used in this subsection, lender means any person who advances money for the use of another or forbears the immediate collection of money due for value received, and the terms borrower and loan have corresponding meanings.
3.] In computing the rate of interest, any payment made or amount included in the obligation, as consideration for the extension of credit, which is computed as a percentage of the amount of the credit extended must be prorated over the period from the extension of credit to the date when the final payment is due. Any agreement for a greater rate of interest than specified in this section is [null and void and of no effect as to the excessive rate of] void as to all interest.
[4. The provisions of paragraph (c) of subsection 2 do not apply to development corporations governed by chapter 670 of NRS.]
Sec. 3. Chapter 645B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. For an extension of credit which is secured by a deed of trust or mortgage of real property and which is made by or through a mortgage company, the rate of interest must not exceed the greater of:
(a) Twelve percent per annum; or
(b) If the lowest daily prime rate at the three largest United States banking institutions is 9 percent or more, that lowest daily prime rate plus 3.5 percent.
2. If the rate of interest exceeds 12 percent:
(a) The lender shall certify on the loan document, under penalty of perjury, what the lowest prime rate is on the date of execution of the final loan document.
(b) The lender shall not impose any charge or penalty for prepayment of all or any part of the loan.
(c) The lender shall not require any compensating balance or use any other device to increase the cost to the borrower of borrowing the net amount of the loan.
3. For the purposes of this section, interest does not include any payment made to a third party, or amount included in the obligation for payment to a third party, as consideration for the extension of credit, which is computed as a percentage of the amount of the credit extended.
κ1979 Statutes of Nevada, Page 965 (CHAPTER 498, SB 26)κ
Sec. 4. This act shall become effective upon passage and approval, but does not apply to any contract or note made before that date, regardless of any provision of the contract or note.
________
Senate Bill No. 51Senators Ford, Sloan, Blakemore, Neal, Hernstadt and Faiss
CHAPTER 499
AN ACT relating to public officers and employees; revising procedures for applications to the interim finance committee for exceptions to certain limitations on salaries; permitting elected county officers to submit such applications; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.1233 is hereby amended to read as follows:
281.1233 1. The interim finance committee may approve applications from agencies of the state for exceptions to limitations on salaries which are expressed as percentages of salaries paid to another person or authorized for another position.
2. The chief officer of a state agency may submit applications for exceptions for any person or position within his agency to the governor who [, if he approves, shall present them] shall review and transmit them with his recommendation to the interim finance committee.
3. The interim finance committee may approve an exception under this section if it finds that:
(a) If the application is for a particular officer or employee, the person has exhibited exceptional qualifications or ability; or
(b) If the application is for a position, the position requires unusual skill, ability, knowledge or some other quality, and that under statutory salary limitations there is no qualified person seeking to fill the position.
4. The interim finance committee shall return an application for a state officer, employee or position to the chief officer of the agency with its approval or disapproval and, if it has approved the exception, make an allocation from the contingency fund, unless the exception is to begin on or after July 1 of an odd-numbered year and provision has been made in the agency budget for the increase in salary.
Sec. 2. NRS 281.1235 is hereby amended to read as follows:
281.1235 1. The interim finance committee may approve applications from [the governing bodies of] political subdivisions of this state for exceptions to limitations on salaries which are expressed as percentages of salaries paid to another person or authorized for another position. [A governing body may submit an]
2. An application for an exception may be submitted by:
(a) The governing body of a political subdivision, for any person or position employed by the political subdivision or any instrumentality thereof [.]
κ1979 Statutes of Nevada, Page 966 (CHAPTER 499, SB 51)κ
position employed by the political subdivision or any instrumentality thereof [.] ; or
(b) Any elected officer of a county, other than a member of the board of county commissioners, for any person or position employed by the county under the supervision of that elected officer.
[2.] 3. The interim finance committee may approve an exception under this section if it finds that:
(a) If the application is for a particular officer or employee, the person has exhibited exceptional qualifications or ability; or
(b) If the application is for a position, the position requires unusual skill, ability, knowledge or some other quality, and that under statutory salary limitations there is no qualified person seeking to fill the position.
[3.] 4. The interim finance committee shall return an application to the [governing body] applicant with its approval or disapproval.
________
Assembly Bill No. 16Assemblymen Dini and Getto
CHAPTER 500
AN ACT relating to fire protection; making an appropriation to the state forester firewarden for grants to assist rural fire departments; setting conditions for those grants; and providing other matters properly relating thereto.
[Approved May 25, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the state forester firewarden the sum of $60,000 for the purposes set forth in section 2 of this act.
2. Of the sum appropriated in subsection 1, $30,000 may be expended during fiscal year 1979-1980, and $30,000 may be expended during fiscal year 1980-81.
Sec. 2. 1. The state forester firewarden may make grants of the money appropriated under this act to rural fire departments, which are eligible for assistance under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. § 2106) to provide further assistance in their organization, training and equipment.
2. No grant may be made pursuant to this act for the construction of any fire service facility.
3. The state forester firewarden may approve an application from a rural fire department for a grant under this act if the department has the ability and agrees to provide an equal amount of money for the completion of a project or the acquisition of equipment. Amounts allocated as matching funds to secure financial assistance pursuant to the Cooperative Forestry Assistance Act of 1978 may not be used to secure a grant under this act.
4. The state forester firewarden shall apply the same criteria to applications for grants under this act as he applies to applications for financial assistance under the Cooperative Forestry Assistance Act of 1978.
κ1979 Statutes of Nevada, Page 967 (CHAPTER 500, AB 16)κ
applications for grants under this act as he applies to applications for financial assistance under the Cooperative Forestry Assistance Act of 1978.
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Senate Bill No. 146Committee on Human Resources and Facilities
CHAPTER 501
AN ACT relating to public health; removing a limitation on certain reports; providing an additional circumstance under which approval of licenses for health facilities and agencies is required; requiring the submission of applications for certain construction projects to the appropriate health systems agency; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 439A.010 is hereby amended to read as follows:
439A.010 As used in this chapter:
1. Council means the state health coordinating council.
2. Department means the department of human resources.
3. Federal Act means 42 U.S.C. §§ 300k to 300t, inclusive.
4. Health services means services related to clinical treatment, such as diagnosis, rehabilitation, treatment of alcohol or drug abuse, services related to mental health, and the care of renal disease in its final stage.
5. Health systems agency means an organization in this state which has been designated as a health systems agency by the Federal Government.
Sec. 2. NRS 439A.081 is hereby amended to read as follows:
439A.081 1. The department shall act as the state health planning and development agency for the purposes of the Federal Act. As [such] that state agency, the department shall:
(a) Carry out the state administrative program and perform the state health planning and development functions prescribed in the Federal Act; and
(b) Consult with and assist the council,
and may accept and disburse money granted by the Federal Government pursuant to the Federal Act.
2. The director of the department may establish within the department an office of health planning and resources, consisting of employees in the classified service, which shall:
(a) Perform health planning functions and develop health resources for the state.
(b) Carry out the functions of the department as the state agency under the Federal Act.
3. The department may:
(a) Adopt such regulations as are necessary to carry out the provisions of this chapter.
κ1979 Statutes of Nevada, Page 968 (CHAPTER 501, SB 146)κ
(b) Require providers of health care doing business in the state to [continue to] make statistical and other reports [, to the same extent customarily made in the year 1977,] appropriate to the performance of [the departments] its duties under this chapter. The information required to be included in the reports must be mutually agreed upon by the office of health planning and resources, the health systems agencies and representatives of the providers of health care who are affected.
Sec. 3. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. The health division of the department of human resources shall not issue a new license or alter an existing license for changes in the number of beds or types of services offered by a hospital, ambulatory surgical care center, skilled nursing facility, intermediate care facility or home health agency without an approval in writing from the director of the department or its office of health planning and resources.
2. The situations in which this approval is required include:
(a) The construction, development or other establishment of a new health care facility or health maintenance organization;
(b) Any expenditure by or on behalf of a health care facility or health maintenance organization in excess of $150,000, or such amount as the department may specify in regulations adopted pursuant to this chapter, which under generally accepted accounting principles consistently applied is a capital expenditure;
(c) A change in the number of existing beds in a hospital, skilled nursing facility, intermediate care facility, end-stage renal disease treatment facility or health maintenance organization through the addition or removal of [five] ten or more beds [,] or a number of beds equal to 10 percent of the licensed capacity of that facility or organization, whichever is less, or the relocation [of five or more beds] from one physical facility to another [; and
(d) The offering of health services in or through a health care facility, home health agency or health maintenance organization, costing more than $150,000 or such amount as the department may specify in regulations adopted pursuant to this chapter, which were not offered on a regular basis in or through that facility, agency or organization within the 12-month period before the time when those services would be offered.] of ten or more beds or a number of beds equal to 10 percent of the licensed capacity of that facility, whichever is less, over a period of 2 years; and
(d) The offering of health services which are described in the standard categories of medical or surgical, obstetrics, pediatrics, neonatal intensive care, critical care, psychiatric, tuberculosis, mentally retarded, childrens orthopedics, rehabilitation, skilled nursing facility, skilled nursing facility combined with an intermediate care facility, intermediate care facility for mental retardation, special treatment facility, outpatient and clinic services, emergency room services, prevention and detection, physical medicine, vocational and disability services, outpatient surgery, diagnostic radiology, nuclear medicine, ultra sound, laboratory services, pharmacy, social services, home health agency, drug rehabilitation, alcohol rehabilitation, free-standing health screening centers, free-standing mental health centers, free-standing family planning clinics, dentistry, ambulance service, renal dialysis, cardiac catheterization, burn center, neurosurgery, open heart surgery, organ transplant, therapeutic radiation, organ bank, blood bank, hemophilia services, which were not offered on a regular basis in or through a health care facility, home health agency or health maintenance organization 12 months before the time such services would be offered.
κ1979 Statutes of Nevada, Page 969 (CHAPTER 501, SB 146)κ
centers, free-standing family planning clinics, dentistry, ambulance service, renal dialysis, cardiac catheterization, burn center, neurosurgery, open heart surgery, organ transplant, therapeutic radiation, organ bank, blood bank, hemophilia services, which were not offered on a regular basis in or through a health care facility, home health agency or health maintenance organization 12 months before the time such services would be offered. If any health care facility, home health agency or health maintenance organization is currently providing one or more services within a standard category of services, the addition to that existing service within that standard category does not constitute a change of service requiring an approval, except that any expenditure in excess of $150,000, which under generally accepted accounting principles applied is a capital expenditure, must be reviewed. The services within each standard category of service may be further defined in regulations adopted pursuant to this chapter.
3. Upon receipt of an application for the approval, the director or office shall consider any recommendation of a health systems agency. A decision to approve or disapprove the application must generally be based on the need for services, utilizing criteria, established by the department by regulation, which are consistent with the purposes set forth in NRS 439A.020 and with the goals and priorities of the health plans developed pursuant to the Federal Act.
Sec. 4. NRS 449.360 is hereby amended to read as follows:
449.360 1. Applications for health facility construction projects for which federal funds are required [shall] must be submitted to the appropriate health systems agency and the state department. [; and they] They may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate a health facility.
2. Each application for a construction project [shall] must conform to federal and state requirements and [shall] must be submitted in the manner and form prescribed by the state department.
Sec. 5. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 237Committee on Human Resources and Facilities
CHAPTER 502
AN ACT relating to nuclear affairs; authorizing fees and security respecting operations involving uranium; providing penalties; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board of health may establish by regulation:
κ1979 Statutes of Nevada, Page 970 (CHAPTER 502, SB 237)κ
(a) Fees for licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium, which must be in amounts which are reasonably related to the cost of licensing, monitoring, inspecting and regulating. Payment of the fees is the responsibility of the person applying for a license or licenses to engage in uranium concentration, recovery or refining.
(b) Fees for the care and maintenance of radioactive tailings and residues at inactive uranium concentration, recovery or refining sites. The fees must be based on a unit fee for each pound of uranium oxide produced in the process which also produced the tailings or residue. Payment of the fees is the responsibility of the person licensed to engage in uranium concentration, recovery or refining. The regulations must provide for a maximum amount to be paid for each operation.
(c) A requirement for persons licensed by the state to engage in uranium concentration, recovery or refining to post adequate bonds or other security to cover costs of decontaminating, decommissioning and reclaiming the sites used for concentrating, recovering or refining uranium if the licensee abandons the site or neglects or refuses to satisfy the requirements of the state. The state board of health shall determine the amount of the security. The amount of the security may be reviewed by the board from time to time and may be increased or decreased as the board deems appropriate. The security must be administered by the state health officer who shall use the security as required to protect the public health, safety and property.
2. The money received pursuant to paragraph (a) of subsection 1 must be deposited in the state treasury for credit to the fund for licensing of uranium mills, which is hereby created as a special revenue fund, for the purpose of defraying the cost of licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium. The money received pursuant to paragraph (b) of subsection 1 must be deposited in the state treasury for credit to the fund for care of uranium tailings, which is hereby created as a special revenue fund, for the purpose of the care and maintenance of radioactive tailings and residues accumulated at inactive uranium concentration, recovery or refining sites to protect the public health, safety and property. All interest earned on the deposit or investment of the money in the fund for care of uranium tailings must be credited to that fund. The state health officer shall administer both funds. Claims against either fund, approved by the state health officer, must be paid as other claims against the state are paid.
Sec. 2. NRS 459.010 is hereby amended to read as follows:
459.010 As used in NRS 459.010 to 459.160, inclusive, and section 1 of this act, unless the context requires otherwise:
1. Byproduct material means : [any]
(a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or [utilizing] making use of special nuclear material [.] ; and
(b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore which is processed primarily for the extraction of the uranium or thorium.
κ1979 Statutes of Nevada, Page 971 (CHAPTER 502, SB 237)κ
2. General license means a license effective pursuant to regulations [promulgated] adopted by the state board of health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
3. Health division means the health division of the department of human resources.
4. Ionizing radiation means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.
5. Person means any [individual,] natural person or corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of this state or of any other state, and any legal successor, representative, agent or agency of any of the foregoing, but does not include the [United States Atomic Energy] Nuclear Regulatory Commission or any successor thereto, or any federal agency licensed by the [United States Atomic Energy] Nuclear Regulatory Commission or any successor to any such federal agency.
6. Source material means:
(a) Uranium, thorium or any other material which the governor declares by order to be source material after the [United States Atomic Energy] Nuclear Regulatory Commission or any successor thereto has determined [such] that material to be source material.
(b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the governor declares by order to be source material after the [United States Atomic Energy] Nuclear Regulatory Commission or any successor thereto has determined such material in such concentration to be source material.
7. Special nuclear material means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the governor declares by order to be special nuclear material after the [United States Atomic Energy] Nuclear Regulatory Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.
(b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.
8. Specific license means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
Sec. 3. NRS 459.020 is hereby amended to read as follows:
459.020 The health division is hereby designated as the state radiation control agency, and is authorized to take all action necessary or appropriate to carry out the provisions of NRS 459.010 to 459.160, inclusive [.] , and section 1 of this act.
Sec. 4. NRS 459.160 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 972 (CHAPTER 502, SB 237)κ
459.160 Every person is guilty of a misdemeanor who:
1. Uses, manufactures, produces, or knowingly transports, transfers, receives, acquires, owns or possesses any source of ionizing radiation which has not been licensed or registered in accordance with the provisions of NRS 459.010 to 459.160, inclusive, and section 1 of this act, and the [rules and] regulations [issued under NRS 459.010 to 459.160, inclusive.] adopted under them.
2. Violates any of the provisions of NRS 459.010 to 459.160, inclusive, and section 1 of this act, or any [rule,] regulation or order [in effect pursuant to the provisions of NRS 459.010 to 459.160, inclusive.] adopted or issued under them.
________
Senate Bill No. 285Senator Wilson
CHAPTER 503
AN ACT relating to administrative procedure; requiring a periodic review of rules of practice by administrative agencies; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233B.050 is hereby amended to read as follows:
233B.050 1. In addition to other regulation-making requirements imposed by law, each agency shall:
(a) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.
(b) Make available for public inspection all regulations adopted or used by the agency in the discharge of its functions and that part of the Nevada Administrative Code which contains its regulations.
(c) Make available for public inspection all final orders, decisions and opinions except those expressly made confidential or privileged by statute.
(d) Review its rules of practice at least once every 6 years and file with the secretary of state a statement setting forth the date on which the most recent review of those rules was completed and describing any revisions made as a result of the review.
2. No agency regulation, rule, final order or decision is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection as required in this section, except that this provision does not apply in favor of any person or party who has actual knowledge thereof.
Sec. 2. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A regulation becomes effective upon filing with the secretary of state of the original and one copy of the final draft or revision of a regulation by the director of the legislative counsel bureau, except where:
κ1979 Statutes of Nevada, Page 973 (CHAPTER 503, SB 285)κ
(a) A statute prescribes a specific time when the regulation becomes effective;
(b) A later date is specified in the regulation; or
(c) The regulation is an emergency regulation,
but every regulation except an emergency regulation shall be submitted to the legislative counsel bureau for filing.
2. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies, and shall maintain a file containing the duplicate copies of such regulations for public inspection together with suitable indexes therefor.
3. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
4. Each agency shall furnish a copy of any of its regulations, or all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for such copy based on the cost of reproduction if it does not have funds appropriated or authorized for such purpose.
Sec. 3. Any agency whose rules of practice are over 6 years old on July 1, 1979, shall complete the review of those rules required by NRS 233B.050 by July 1, 1981.
________
Senate Bill No. 299Senator Sloan
CHAPTER 504
AN ACT relating to county, city and district finances; permitting local governments to establish trust funds with respect to certain employee group life, accident or health insurance; requiring placement in a trust fund of certain deductions and contributions to maintain a program of self-insurance; providing for the deposit and administration of the trust funds; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The governing body of any local government may, by ordinance, establish a trust fund in which contributions of employees and the governing body are placed to provide for group life, accident and health benefits on a self-insured basis.
Sec. 2. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
1. Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of their officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
κ1979 Statutes of Nevada, Page 974 (CHAPTER 504, SB 299)κ
officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
2. Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as [shall] have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, [to] deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
3. Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as a trust fund as defined by NRS 354.580. The trust funds must be deposited in a state or national bank authorized to transact business in the State of Nevada. The trust instrument must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state.
4. Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The funds for contributions shall be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
Sec. 3. NRS 683A.025 is hereby amended to read as follows:
683A.025 Except as limited by this section, administrator means a person who collects charges or premiums from or who adjusts or settles claims of residents of this state in connection with life or health insurance coverage or annuities [.] , or who administers a trust under NRS 287.010. Administrator does not include:
1. An employer acting on behalf of his employees or the employees of a subsidiary or affiliated concern.
2. A labor union acting on behalf of its members.
3. An insurance company licensed to do business in this state or acting as an insurer with respect to a policy lawfully issued and delivered in a state in which the insurer was authorized to do business.
4. A life or health insurance agent or broker licensed in this state, when his activities are limited to the sale of insurance.
5. A creditor acting on behalf of his debtors with respect to insurance covering a debt between the creditor and debtor.
6. A trust and its trustees, agents and employees acting for it, if the trust was established under the provisions of 29 U.S.C. § 186.
7. A trust which is exempt from taxation under Section 501(a) of the Internal Revenue Code, its trustees and employees, and a custodian, his agents and employees acting under a custodial account which meets the requirements of Section 401(f) of the Internal Revenue Code.
κ1979 Statutes of Nevada, Page 975 (CHAPTER 504, SB 299)κ
his agents and employees acting under a custodial account which meets the requirements of Section 401(f) of the Internal Revenue Code.
8. A bank, credit union or other financial institution which is subject to supervision by federal or state banking authorities.
9. A company which issues credit cards, and which advances for and collects premiums or charges from credit card holders who have authorized it to do so, if the company does not adjust or settle claims.
10. An attorney at law who adjusts or settles claims in the normal course of his practice or employment, but who does not collect charges or premiums in connection with life or health insurance coverage or with annuities.
________
Senate Bill No. 306Committee on Finance
CHAPTER 505
AN ACT relating to state museums; creating the joint board of museums and history and the department of museums and history; establishing the Nevada state museum and the Nevada historical society as institutions within the department; adding to the powers of the Nevada state museum; abolishing certain boards of trustees; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Board of trustees means the board of trustees of the Nevada state museum.
2. Director means the director of the Nevada state museum.
Sec. 3. 1. The joint board of museums and history, consisting of seven members appointed by the governor, is hereby created.
2. The governor shall appoint as members of the joint board:
(a) Three persons who are members of the board of trustees of the Nevada state museum, one of whom must be familiar with the Lost City museum;
(b) Three persons who are members of the board of trustees of the Nevada historical society; and
(c) One other person.
3. The governor shall designate the chairman of the joint board from among its members.
4. The joint board shall meet at least quarterly and shall meet at other times upon the call of its chairman. For attendance at meetings of the joint board, its members are entitled to receive the travel expenses and subsistence allowances as provided by law.
5. The joint board shall establish policies to facilitate cooperation between the Nevada state museum and the Nevada historical society. If any disagreement arises between the two institutions on a matter of policy in which they have a common interest, the joint board shall make the final decision in the matter.
κ1979 Statutes of Nevada, Page 976 (CHAPTER 505, SB 306)κ
policy in which they have a common interest, the joint board shall make the final decision in the matter.
Sec. 4. 1. The department of museums and history is hereby created.
2. The department consists of:
(a) The office of the administrator;
(b) The Nevada state museum, including the Lost City museum; and
(c) The Nevada historical society.
Sec. 5. 1. The administrator of the department of museums and history is appointed by the governor and serves at his pleasure. The governor shall consult with the joint board of museums and history before making the appointment.
2. To be qualified for appointment, the administrator must have training and experience in public administration.
3. The administrator is in the unclassified service of the state. He is entitled to receive an annual salary in an amount determined pursuant to the provisions of chapter 284 of NRS and the travel expenses and subsistence allowances fixed by law for state officers and employees.
4. The administrator shall not engage in any other gainful employment or occupation.
5. The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 6. The administrator of the department of museums and history:
1. Is responsible to the governor for the general administration of the department and for the submission of its budgets, which must include the combined budgets of the Nevada state museum and the Nevada historical society.
2. Shall supervise the directors of the two institutions in matters pertaining to the general administration of the institutions.
3. Shall coordinate the submission of requests by the two institutions for assistance from governmental sources.
4. Shall oversee the public relations of the two institutions.
5. Shall superintend the planning and development of any new facilities for the department or its institutions.
6. Shall assist the efforts of the two institutions in improving their services to the rural counties.
7. Shall supervise the facilities for storage which are jointly owned or used by the two institutions.
Sec. 7. The creation of the department of museums and history does not affect:
1. The separate listing of the members of the Nevada state museum and the Nevada historical society and the independence of their respective memberships.
2. Any bequest, devise, endowment, trust, allotment or other gift made to the Nevada state museum or the Nevada historical society, and such gifts inure to the benefit of the respective institutions and remain subject to any conditions or restraints placed on the gifts.
Sec. 8. NRS 381.010 is hereby amended to read as follows:
381.010 [1.] The Nevada state museum is hereby established as an institution [of the State of Nevada.
2. The museum shall be known as and called the Nevada state museum.] within the department of museums and history.
κ1979 Statutes of Nevada, Page 977 (CHAPTER 505, SB 306)κ
Sec. 9. NRS 381.020 is hereby amended to read as follows:
381.020 1. The general objects and powers of the Nevada state museum are to:
(a) Receive, collect, exchange, preserve, house, care for, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:
(1) Samples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, including drawings, etchings, lithographs, paintings, statutary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.
(2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.
(3) Former property of the Virginia & Truckee Railroad which is under state control or which the state receives in any manner.
(b) Collect, gather and prepare the natural history of Nevada and the Great Basin.
(c) Establish such departments in archeology, anthropology, mineralogy, ethnology, ornithology and other scientific departments as in the judgment of the trustees may be proper and necessary to carry out the objects and purposes appropriate to a museum.
(d) Establish a shop for the sale of gifts and souvenirs, such as museum publications, books, postcards, color slides and such other museum or related material as, in the judgment of the trustees, may be appropriately related and connected with the operation of the museum and the fulfillment of the purposes of this chapter.
2. The enumeration in subsection 1 is not exclusive of other general objects and purposes appropriate to a public museum.
3. The property may be received and collected from any and all appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
4. The property [shall] must be housed, preserved, cared for and displayed or exhibited in the Nevada state museum to be located at Carson City, Nevada. Nothing in this subsection [shall prevent] prevents the retention, placing, housing or exhibition of a portion of the property temporarily in other places or locations within or without the State of Nevada in the sole discretion of the board of trustees [.] or the permanent display of former property of the Virginia & Truckee Railroad in areas formerly served by the railroad.
Sec. 10. NRS 381.030 is hereby amended to read as follows:
381.030 The [Nevada state museum] board of trustees [,] of the Nevada state museum, consisting of nine members appointed by the governor, is hereby created.
Sec. 11. NRS 381.195 is hereby amended to read as follows:
381.195 As used in NRS 381.195 to 381.227, inclusive:
1. [Board means the board of trustees of the Nevada state museum.
2. Director means the director of the Nevada state museum.
κ1979 Statutes of Nevada, Page 978 (CHAPTER 505, SB 306)κ
3.] Historic means after the [advent of the white man to Nevada.] middle of the 18th century.
[4.] 2. Historic site means a site, landmark or monument of historical significance pertaining to the white mans history of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.
[5.] 3. Person means any [individual,] natural person, partnership, society, institute, corporation or agents thereof.
[6.] 4. Prehistoric means before the [advent of the white man to Nevada.] middle of the 18th century.
[7.] 5. Prehistoric site means [an] any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves [and burials.] or burial ground.
Sec. 12. NRS 381.270 is hereby amended to read as follows:
381.270 1. The [board of trustees of the Nevada state museum] director shall manage and control the Lost City Museum.
2. The [board of trustees] director must use any gift of money or other property which [they are] he is authorized to accept for and on behalf of the Lost City museum in a manner consistent with the purposes of the museum.
Sec. 13. Chapter 382 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, unless the context otherwise requires:
1. Board of trustees means the board of trustees of the Nevada historical society.
2. Director means the director of the Nevada historical society.
Sec. 14. NRS 382.010 is hereby amended to read as follows:
382.010 The Nevada historical society, which holds a large, varied and invaluable collection of files, documents and records as trustee of the state, is hereby [declared to be an agency of the state.] established as an institution within the department of museums and history.
Sec. 15. NRS 382.012 is hereby amended to read as follows:
382.012 1. The board of trustees of the Nevada historical society, [board of trustees,] consisting of seven members appointed by the governor, is hereby created.
2. The board of trustees shall elect its own chairman and secretary from among the trustees.
3. The board of trustees shall establish the nonadministrative policies of the Nevada historical society.
Sec. 16. NRS 382.030 is hereby amended to read as follows:
382.030 1. The director shall make a report biennially to the administrator of the department of museums and history, who shall submit the report to the governor. The report [shall] must embrace the transactions, work and expenditures of the organization.
2. The report [shall] must be printed in accordance with the provisions of chapter 344 of NRS.
Sec. 17. Section 9 of this act is hereby amended to read as follows:
Sec. 9. NRS 381.020 is hereby amended to read as follows:
381.020 1. The general objects and powers of the Nevada state museum are to:
κ1979 Statutes of Nevada, Page 979 (CHAPTER 505, SB 306)κ
(a) Receive, collect, exchange, preserve, house, care for, display and exhibit, particularly, but not exclusively, respecting the State of of Nevada:
(1) Samples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, including drawings, etchings, lithographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.
(2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.
(3) Former property of the Virginia & Truckee Railroad which is under state control or which the state receives in any manner.
(b) Collect, gather and prepare the natural history of Nevada and the Great Basin.
(c) Establish such departments in archeology, anthropology, mineralogy, ethnology, ornithology and other scientific departments as in the judgment of the [trustees] board may be proper and necessary to carry out the objects and purposes appropriate to a museum.
(d) Establish a shop for the sale of gifts and souvenirs, such as museum publications, books, postcards, color slides and such other museum or related material as, in the judgment of the [trustees,] board, may be appropriately related and connected with the operation of the museum and the fulfillment of the purposes of this chapter.
2. The enumeration in subsection 1 is not exclusive of other general objects and purposes appropriate to a public museum.
3. The property may be received and collected from any and all appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
4. The property must be housed, preserved, cared for and displayed or exhibited in the Nevada state museum to be located at Carson City, Nevada. Nothing in this subsection prevents the retention, placing, housing or exhibition of a portion of the property temporarily in other places or locations within or without the State of Nevada in the sole discretion of the board [of trustees] or the permanent display of former property of the Virginia & Truckee Railroad in areas formerly served by the railroad.
Sec. 18. The section added to chapter 381 of NRS by section 2 of this act is hereby amended to read as follows:
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Board [of trustees] means the [board of trustees of the Nevada state museum.] joint board of museums and history.
2. Director means the director of the Nevada state museum.
κ1979 Statutes of Nevada, Page 980 (CHAPTER 505, SB 306)κ
Sec. 19. The section added to chapter 381 of NRS by section 3 of this act is hereby amended to read as follows:
Sec. 3. 1. The joint board of museums and history, consisting of seven members appointed by the governor, is hereby created.
2. The governor shall appoint as members of the joint board:
(a) Three persons who are members of the [board of trustees of the] Nevada state museum; one of whom must be familiar with the Lost City museum;
(b) Three persons who are members of the [board of trustees of the] Nevada historical society; and
(c) One other person.
3. The governor shall designate the chairman of the joint board from among its members.
4. The joint board shall meet at least quarterly and shall meet at other times upon the call of its chairman. For attendance at meetings of the joint board, its members are entitled to receive the travel expenses and subsistence allowances as provided by law.
5. The joint board shall establish nonadministrative policies [to facilitate cooperation between] for the Nevada state museum and the Nevada historical society. [If any disagreement arises between the two institutions on a matter of policy in which they have a common interest, the joint board shall make the final decision in the matter.]
Sec. 20. NRS 382.0135 is hereby amended to read as follows:
382.0135 1. The governor shall appoint a director from a list of three names submitted by the board. [of trustees.] The director shall be a person who has:
(a) An advanced degree in science, history or a discipline related to the functions of the historical society; and
(b) At least 3 years experience in managing a similar type agency.
2. The director of the Nevada historical society is in the unclassified service.
3. The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 21. The section added to chapter 382 of NRS by section 13 of this act is hereby amended to read as follows:
Sec. 13. As used in this chapter, unless the context otherwise requires:
1. Board [of trustees] means the [board of trustees of the Nevada historical society.] joint board of museums and history.
2. Director means the director of the Nevada historical society.
Sec. 22. 1. Of the first members appointed to the joint board of museums and history, the governor shall appoint:
(a) One member of the board of trustees of the Nevada state museum, one member of the board of trustees of the Nevada historical society, and the person who is not a member of either to terms ending on June 30, 1982.
κ1979 Statutes of Nevada, Page 981 (CHAPTER 505, SB 306)κ
(b) One member of the board of trustees of the Nevada state museum and one member of the board of trustees of the Nevada historical society to terms ending on June 30, 1981.
(c) The remaining members to terms ending on June 30, 1980.
2. A member of the joint board of museums and history who is required by section 3 of this act to be a member of the board of trustees of the Nevada state museum or the Nevada historical society may continue as a member of the joint board after the board of trustees from which he is appointed is abolished and until the end of his term.
Sec. 23. NRS 381.030 to 381.080, inclusive, 381.100, 381.290, 381.300, 382.012 and 382.013 are hereby repealed.
Sec. 24. The division of state parks of the state department of conservation and natural resources shall deliver to the Nevada state museum all former property of the Virginia & Truckee Railroad which is under the control of the division on the effective date of this act.
Sec. 25. 1. Section 12 of this act shall become effective at 12:02 a.m. on July 1, 1979.
2. Sections 17 to 21, inclusive, and section 23 of this act shall become effective on July 1, 1981.
3. All other sections of this act shall become effective on July 1, 1979.
________
Senate Bill No. 331Senators Ford, Wilson, Blakemore, Don Ashworth, Close, Hernstadt and McCorkle
CHAPTER 506
AN ACT relating to pharmacy; providing for the return of drugs not used by the patient; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, unit dose means that quantity of a drug which is packaged as a single dose.
2. A pharmacist who provides a regimen of drugs in unit doses to a patient in a skilled nursing facility or intermediate care facility as defined in chapter 449 of NRS may credit the person or agency which paid for the drug for any unused doses. The pharmacist may return the drugs to the issuing pharmacy, which may reissue the drugs to fill other prescriptions.
3. Drugs which are packaged in ampules or vials which each contain a single dose, other than schedule II drugs specified in or pursuant to chapter 453 of NRS and drugs which require refrigeration, may be returned to the pharmacy which dispensed them. The board may, by regulation, authorize the return of any type or brand of drug which is packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.
κ1979 Statutes of Nevada, Page 982 (CHAPTER 506, SB 331)κ
packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.
Sec. 2. NRS 639.282 is hereby amended to read as follows:
639.282 1. [It] Except as provided in section 1 of this act, it is unlawful for any person to have in his possession, or under his control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:
(a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist;
(b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;
(c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when [such] the pharmaceutical preparation, drug or chemical is in the original sealed container;
(d) Is no longer safe or effective for use, as indicated by the expiration date appearing on the label thereof; or
(e) Has not been properly stored or refrigerated as required by the label thereof.
2. The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. No such preparation, drug or chemical may be sold or otherwise disposed of until the certification above referred to has been presented to and approved by the board.
3. In the absence of conclusive proof that [such] the preparation, drug or chemical can be used safely and effectively by humans or animals, it [shall] must be destroyed under the direct supervision of a member or inspector of the board.
________
Senate Bill No. 343Senator Close
CHAPTER 507
AN ACT relating to the commencement of actions; providing a hearing to oppose a notice of the pendency of the action; authorizing the court to order the notice canceled upon posting of a bond in certain circumstances; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 14 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 983 (CHAPTER 507, SB 343)κ
1. After a notice of pendency of an action has been recorded with the recorder of the county, the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.
2. Upon 5 days notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, prove by a preponderance of evidence that:
(a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;
(b) The action was not brought in bad faith or for an improper motive;
(c) Probable cause exists to believe that he will prevail in the action and will be entitled to relief affecting the title or possession of the real property;
(d) He will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and
(e) He would be injured by any transfer of an interest in the property before the action is concluded.
The party opposing the notice of the pendency of an action may submit counteraffidavits and other evidence which the court may permit.
3. If the court finds that the party who recorded the notice of pendency of the action has failed to prove any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall order the party who recorded the notice to record with the recorder of the county a copy of the order of cancellation. The order shall state that the cancellation has the same effect as an expungement of the original notice.
4. If the court finds that the party who recorded the notice of pendency of the action has proved the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so canceled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of the county a copy of the order of cancellation. The order shall state that the cancellation has the same effect as an expungement of the original notice.
5. If a certified copy of the courts order for cancellation of the notice of pendency of the action is recorded with the recorder of the county in which the notice was recorded, the notice and order shall not be deemed to constitute constructive or actual notice of the action, any matters relating to the action, or any of the matters referred to in the notice or the order, and the order and notice do not create any duty of inquiry on the part of any person thereafter dealing with the property.
κ1979 Statutes of Nevada, Page 984 (CHAPTER 507, SB 343)κ
order, and the order and notice do not create any duty of inquiry on the part of any person thereafter dealing with the property.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 442Senators Faiss, Lamb and Gibson
CHAPTER 508
AN ACT relating to homesteads; increasing the limitation on the value of property subject to the exemption for homesteads; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead, consisting of either a quantity of land, together with the dwelling house thereon and it appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding [$25,000] $50,000 in value, to be selected by the husband and wife, or either of them, other head of a family, or other single person claiming the homestead, [shall not be] is not subject to forced sale on execution, or any final process from any court, except process to enforce the payment of the purchase money for the premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of:
(a) Any mortgage or deed of trust thereon executed and given; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
by both husband and wife, when that relation exists.
2. Any declaration of homestead which has been filed before July 1, [1975] 1979, is deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the value of the property selected and claimed for the exemption up to the value permitted by law on that date, but the increase [shall] does not impair the right of any creditor to execute upon the property when that right existed before July 1, [1975.] 1979.
Sec. 2. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes oath before the judge of the district court of the county in which the premises are situated, that the cash value of the premises exceeds, to the best of the creditors information and belief, the sum of [$25,000] $50,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the value of the premises, and if the value exceeds the sum [,] of $50,000, whether the premises can be divided so as to leave the premises amounting to the homestead exemption without material injury.
κ1979 Statutes of Nevada, Page 985 (CHAPTER 508, SB 442)κ
report as to the value of the premises, and if the value exceeds the sum [,] of $50,000, whether the premises can be divided so as to leave the premises amounting to the homestead exemption without material injury.
2. If it appears, upon the report, to the satisfaction of the judge that the premises can be thus divided, he shall order the excess to be sold under execution. If it appears that the premises cannot be thus divided, and the value thereof exceeds the exemption allowed by this chapter, he shall order the entire premises to be sold, and out of the proceeds the sum of [$25,000] $50,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under $50,000 may be received by the officer making the sale. [under $25,000.]
3. When the execution is against a husband or wife, the judge may direct the [$25,000] $50,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead premises.
Sec. 3. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as [herein] otherwise specifically provided [:] in this section:
(a) Private libraries not to exceed $500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $1,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $1,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $1,500 in value.
(e) The cabin or dwelling of a miner or prospector, not to exceed $500 in value; also, his cars, implements and appliances necessary for carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.
(f) One vehicle if the judgment debtors equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.
(g) Poultry not exceeding in value $75.
(h) For any pay period, 75 percent of the disposable earnings of a judgment debtor during such period, or the amount by which his disposable earnings for each week of such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due or any state or federal tax. As used in the paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
κ1979 Statutes of Nevada, Page 986 (CHAPTER 508, SB 442)κ
remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(i) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(j) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(k) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by [such] the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state.
(l) All [moneys,] money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption [shall exist which shall bear] exists which bears the same proportion to the [moneys,] money, benefits, privileges and immunities so accruing or growing out of [such] the insurance that the $500 bears to the whole annual premium paid.
(m) The homestead as provided for by law.
(n) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding [$25,000] $50,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article [, however,] or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
Sec. 4. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 484Senator Faiss
CHAPTER 509
AN ACT relating to mobile homes, commercial coaches and travel trailers; requiring smoke detectors in all such units rented or leased for residential purposes; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 987 (CHAPTER 509, SB 484)κ
Any mobile home, commercial coach or travel trailer in this state which is rented or leased for residential purposes must be equipped with a smoke detector which meets standards approved by the state fire marshal.
________
Senate Bill No. 465Committee on Commerce and Labor
CHAPTER 510
AN ACT relating to the Nevada state board of veterinary medical examiners; providing for the appointment of an additional member; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 638.020 is hereby amended to read as follows:
638.020 1. The Nevada state board of veterinary medical examiners is hereby created.
2. The board [shall consist of six] consists of seven members, one of whom [shall be] is the director of the division of animal industry of the state department of agriculture, and [five] six of whom [shall be] are appointed by the governor.
3. The director of the division of animal industry shall serve ex officio as a nonvoting member of the board and act as secretary-treasurer of the board.
4. [Each appointed member] Five of the members appointed by the governor shall:
(a) Be [a resident] residents of the State of Nevada.
(b) Be [a graduate] graduates of a veterinary college approved by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of [his] their appointment.
5. One member appointed by the governor shall be a representative of the general public.
Sec. 2. NRS 638.030 is hereby amended to read as follows:
638.030 1. Before entering upon the duties of his office, each appointed member of the board shall [:
1. Take] take the constitutional oath of office.
2. [Make] Each appointed member who is a licensed veterinarian shall make an oath that he is a graduate in veterinary medicine and legally qualified under the provisions of this chapter to practice veterinary medicine, surgery, obstetrics and dentistry in the State of Nevada.
Sec. 3. NRS 638.060 is hereby amended to read as follows:
638.060 1. The board shall meet annually, the time and place to concur with the annual meeting of the Nevada State Veterinary Association.
κ1979 Statutes of Nevada, Page 988 (CHAPTER 510, SB 465)κ
2. Whenever requested by any three members, the secretary-treasurer shall call a meeting of the board.
3. Four members of the board constitute a quorum.
Sec. 4. The governor shall appoint a person qualified under subsection 5 of NRS 638.020 to the Nevada state board of veterinary medical examiners to a term expiring on June 30, 1981.
________
Senate Bill No. 538Committee on Judiciary
CHAPTER 511
AN ACT relating to county and city jails; allowing prisoners who perform work a credit against their terms of imprisonment; providing for forfeiture of the credit under certain circumstances; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 211.170 is hereby amended to read as follows:
211.170 1. For each month in which [the prisoner appears,] a prisoner:
(a) Appears by the record provided for in NRS 211.150, to have been obedient, orderly and faithful, [5 days shall, with the consent of the board having power in the premisese, be deducted from his term of sentence.] the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.
(b) Diligently performs his assigned work, the sheriff or chief of police may deduct not more than 5 additional days from the term of imprisonment of the prisoner.
2. Deductions earned for any period of time less than a month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life; or
(c) Intentionally disobeys a rule of the jail,
all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines.
4. Before any forfeiture under subsection 3 may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.
________
κ1979 Statutes of Nevada, Page 989κ
Senate Bill No. 543Committee on Human Resources and Facilities
CHAPTER 512
AN ACT relating to air pollution; changing the date after which certain motor vehicles must be inspected for compliance with standards for engine emissions; allowing boards of county commissioners in certain counties to require earlier compliance; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 445.635 is hereby amended to read as follows:
445.635 The authority set forth in NRS 445.630 providing for a compulsory motor vehicle emission inspection program is limited as follows:
1. [In areas where a program was put into effect before January 1, 1977:] Except as provided in this subsection, in 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:
(a) On or after July 1, 1977, and before July 1, [1979,] 1981, only used motor vehicles being registered to a new owner or being registered for the first time are required to have evidence of compliance;
(b) On or after July 1, [1979,] 1981, all used motor vehicles being registered or reregistered are required to have evidence of compliance.
The board of county commissioners of those counties may by ordinance require compliance with the provisions of paragraph (b) by a specified date before July 1, 1981.
2. In other [areas] counties where the commission puts a program into effect:
(a) On or after February 1, 1978, all used motor vehicles being registered to a new owner are required to have evidence of compliance.
(b) On or after September 1, 1978, only used motor vehicles being registered to a new owner or being registered for the first time in this state are required to have evidence of compliance.
(c) On or after July 1, [1979,] 1981, all used motor vehicles being registered are required to have evidence of compliance.
________
κ1979 Statutes of Nevada, Page 990κ
Senate Bill No. 550Committee on Government Affairs
CHAPTER 513
AN ACT relating to the Housing Authorities Law of 1947; including certain activities relating to mobile home parks and mobile homes in the definition of housing project; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 315.230 is hereby amended to read as follows:
315.230 1. Housing project means any work or undertaking:
(a) To demolish, clear or remove buildings from any area acquired by the authority; or
(b) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or
(c) To accomplish a combination of the foregoing.
2. Housing project also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
3. The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park or the purchase, leasing or rental of mobile homes.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 555Committee on Finance
CHAPTER 514
AN ACT relating to traffic laws; repealing certain provisions relating to warrants issued for violation of written promise to appear in court; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.515 is hereby repealed.
________
κ1979 Statutes of Nevada, Page 991κ
Senate Bill No. 556Committee on Government Affairs
CHAPTER 515
AN ACT relating to public administrators and guardians; making the office of public administrator appointive in the largest counties, contingent upon a constitutional amendment; revising various provisions and adding others for applicability to those counties; making certain changes applicable to counties generally; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 253 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 4 to 9, inclusive, of this act.
Sec. 2. Sections 4 to 8, inclusive, of this act apply to counties 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.
Sec. 3. The section added to chapter 253 of NRS by section 2 of this act is hereby amended to read as follows:
Sections 4 to 8, inclusive, of this act apply to counties having a population of [200,000] 250,000 or more. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 4. The public administrator shall:
1. Investigate:
(a) The financial status of any proposed ward, for whom he has been requested to serve as guardian, to determine whether he is eligible to serve in that capacity.
(b) Whether there is any qualified person, who is willing and able to serve as guardian for a ward or administrator of the estate of an intestate decedent, to determine whether he is eligible to serve in that capacity.
2. Petition the court for appointment as guardian of the person and estate of any ward if, after investigation, the public administrator finds that he is eligible to serve. This petition for appointment as guardian must be made by the public administrator regardless of the amount of assets in the guardianship estate if no other qualified person having a prior right is willing and able to serve.
3. Petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve, and the estate does not exceed $10,000 in gross value.
4. Upon court order, act as:
(a) Guardian of the person and estate of an adult ward; or
(b) Administrator of the estate of a person dying intestate,
regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.
Sec. 5. In connection with an investigation conducted pursuant to subsection 1 of section 4 of this act a public administrator may:
κ1979 Statutes of Nevada, Page 992 (CHAPTER 515, SB 556)κ
1. Require any proposed ward or any spouse, parent, child or other kindred of the proposed ward to give any information and to execute any written requests or authorizations necessary to provide the public administrator with access to records, otherwise confidential, needed to evaluate the public administrators eligibility to serve.
2. Obtain information from the public records in any office of the state or any of its agencies or subdivisions upon request and without payment of any fee.
Sec. 6. The public administrator is entitled to receive an annual salary in the amount of $26,500 in full payment for all services required by law to be performed by him. All fees or compensation collected pursuant to NRS 253.050 and 253.230 must be deposited, without deduction, with the county treasurer for credit to the general fund of the county.
Sec. 7. The public administrator may, within the limits of appropriations for his office:
1. Be provided with sufficient facilities and supplies for the proper performance of his duties.
2. Employ subordinates necessary for the proper performance of his duties.
3. Contract for the services of consultants or assistants.
4. Consult with the district attorney in matters relating to the performance of his duties.
Sec. 8. 1. If the public administrator finds that there is no qualified person willing and able to administer the estate of a particular decedent, he shall investigate further to estimate its gross value.
2. If the estate appears to have a gross value of $10,000 or less, he shall:
(a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant; or
(b) Himself petition to have the estate set aside without administration and properly distributed.
3. If the estate appears to have a gross value of more than $10,000:
(a) He shall proceed with summary or full administration as the value of the estate requires.
(b) He may retain an attorney to assist him, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorneys fee is a charge upon the estate.
Sec. 9. 1. The board of county commissioners shall:
(a) Establish regulations for the form of any reports made by the public administrator.
(b) Review reports submitted to the board by the public administrator.
(c) Investigate any complaint received by the board against the public administrator.
2. The board of county commissioners may at any time investigate any guardianship or estate for which the public administrator is serving as guardian or administrator.
Sec. 10. NRS 253.010 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 993 (CHAPTER 515, SB 556)κ
253.010 1. Except as provided in subsection 3 [, public administrators shall be elected by the qualified electors of their respective counties.
2. Public administrators shall be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January subsequent to their election.
3.] :
(a) In any county where there is a county administrator or manager, the administrator or manager shall appoint the public administrator. This appointment is not effective until it is confirmed by the board of county commissioners.
(b) In any county where there is no county administrator or manager, the board of county commissioners shall appoint the public administrator.
2. The district attorneys of Lander, Lincoln and White Pine counties are ex officio public administrators of Lander County, Lincoln County and White Pine County, respectively. The recorder of Carson City shall serve as public administrator of Carson City.
Sec. 11. NRS 253.020 is hereby amended to read as follows:
253.020 1. Every person [elected] appointed to fill the office of public administrator shall qualify as required in this section [on or before the 1st Monday of January next after his election.] within 10 days after his appointment.
2. Every public administrator shall:
(a) Take the constitutional official oath, which is for the faithful performance of the duties of his office [,] and must be taken and subscribed upon both the certificate of [election or] appointment and the official bond. The oath upon the bond must be recorded with the bond.
(b) Give an official bond in an amount not less than $10,000, as required and fixed by the board of county commissioners of his county by an order entered in the minutes of the board, unless a blanket fidelity bond is furnished by the county. The bond must be conditioned, secured, approved and recorded as the bonds of other county officers are, or may be required by law to be, and must be so conditioned as to hold the principal and sureties liable for any breach thereof made, while acting or illegally refusing to act in his official capacity.
3. The board of county commissioners may, upon reasonable cause therefor shown, require a new bond or an additional bond at any time, to be given upon 10 days notice in writing. If the new or additional bond is not given, the board shall declare the office vacant.
Sec. 12. NRS 253.030 is hereby amended to read as follows:
253.030 1. The board of county commissioners shall fill promptly a vacancy in the office of public administrator by appointment. [until the next ensuing biennial election.
2. Any person appointed to the office of public administrator shall, within 10 days, qualify in the same manner as if elected thereto.]
2. The district court may designate any qualified person to serve as a special administrator in any action pending before the court. This designation is effective only in the particular action and terminates upon the appointment and qualification of the successor to the office of public administrator by the board of county commissioners pursuant to subsection 1.
κ1979 Statutes of Nevada, Page 994 (CHAPTER 515, SB 556)κ
appointment and qualification of the successor to the office of public administrator by the board of county commissioners pursuant to subsection 1.
Sec. 13. NRS 253.050 is hereby amended to read as follows:
253.050 1. For the administration of the estates of deceased persons, public administrators [shall] are entitled to be paid as other administrators or executors are paid [.] , subject to the provisions of section 6 of this act.
2. The district attorneys of Lander, Lincoln and White Pine counties as ex officio public administrators and the recorder of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.
[2.] 3. The public administrator [may be compensated] is entitled to compensation by the court for the reasonable value of his services performed in preserving the personal property of an estate of a deceased person [prior to] before the appointment of an administrator.
Sec. 14. NRS 253.130 is hereby amended to read as follows:
253.130 If any public administrator [shall steal, embezzle, corrupt, alter, withdraw, falsify or avoid] steals, embezzles, corrupts, alters, withdraws, falsifies or avoids any record, process, charter, gift, grant, conveyance, bond or contract, or [shall,] knowingly or willfully, [take off, discharge or conceal] takes off, discharges or conceals any issue, forfeited recognizance or other forfeiture, or [shall forge, deface or falsify] forges, defaces or falsifies any document or instrument recorded, or any registered acknowledgment or certificate, or [shall alter, deface or falsify] alters, defaces or falsifies any minute, document, book or any proceedings whatever, of or belonging to any public office within this state, the person so offending [, and being thereof duly convicted,] shall be punished by imprisonment in the state prison for a term of not less than 1 year nor more than [11] 10 years, [and be fined in any sum not exceeding $5,000.] and may be further punished by a fine of not more than $10,000.
Sec. 15. NRS 253.210 is hereby amended to read as follows:
253.210 1. A person appointed as public guardian or designated as acting public guardian succeeds immediately to all powers and duties of the individual guardianships created by appointments of the public guardian as guardian for particular wards.
2. In the administration of any guardianship to which the public guardian is appointed pursuant to subsection 1, the public guardian has all powers, duties, rights and responsibilities contained in Titles 12 and 13 of NRS.
Sec. 16. NRS 159.051 is hereby amended to read as follows:
159.051 If the court determines that the welfare of the proposed ward requires the immediate appointment of a guardian, the court may, with such notice as the court may order, [or without notice,] appoint a temporary guardian to serve until succeeded by another guardian, but in no event for [a period of] more than [6 months.] 5 days. Upon notice to the ward and to any person or officer of an institution having the care, custody and control of the ward before the appointment of the temporary guardian, and after a hearing the court may for good cause shown extend the duration of the temporary guardianship until a permanent guardian can be appointed.
κ1979 Statutes of Nevada, Page 995 (CHAPTER 515, SB 556)κ
shown extend the duration of the temporary guardianship until a permanent guardian can be appointed. The temporary guardian [shall be] is subject to such terms and conditions as the court may prescribe in the order of appointment and, except as otherwise provided in the order and in this section, [shall be] is subject to the provisions of this chapter.
Sec. 17. NRS 253.090 is hereby repealed.
Sec. 18. The responsibility for any estate or guardianship which is administered by a public administrator and is pending on January 1, 1981, transfers on that date to the public administrator appointed pursuant to section 10 of this act.
Sec. 19. 1. Section 3 of this act shall become effective in 1980 on the date when the Secretary of Commerce reports the 1980 census of population to the President of the United States as required by 13 U.S.C. § 141(b).
2. Sections 10 to 12, inclusive, and 18 of this act shall become effective on January 1, 1981, if Assembly Joint Resolution 8 of the 59th session is agreed to and passed by the legislature during its 60th session and approved and ratified by the people at the general election in 1980.
3. This section and sections 4 to 9, inclusive and sections 13 to 16, inclusive, of this act shall become effective upon passage and approval.
4. Sections 1, 2, 17 and 19 of this act shall become effective on July 1, 1979.
________
Assembly Bill No. 710Committee on Commerce
CHAPTER 516
AN ACT relating to thrift companies; amending provisions of the Nevada Thrift Companies Act relating to definitions, requisites for approval of applications, reserves, branch offices, licensing, limits of outstanding certificates, charges, insurance and loans; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 677 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Loan does not include a bona fide conditional contract of sale.
Sec. 2. NRS 677.020 is hereby amended to read as follows:
677.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 677.030 to 677.140, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 677.130 is hereby amended to read as follows:
677.130 Thrift certificate means a chose in action, in passbook or certificate form, evidencing the obligation of the licensee to pay money [.] and does not include subordinate debt securities.
Sec. 4. NRS 677.180 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 996 (CHAPTER 516, AB 710)κ
677.180 Upon the filing of an application, the director shall make or cause to be made a careful investigation and examination relative to the following:
1. Character, reputation and financial standing of the organizers or incorporators.
2. The need for a thrift company or an additional thrift company, as the case may be, in the community where the proposed licensee is to be located, giving particular consideration to the adequacy of existing thrift company services and the need for additional services of this kind in the community.
3. The ability of the community to support the proposed licensee, giving consideration to:
(a) The competition offered by existing licensees;
(b) Whether a thrift company has previously operated in the community; and
(c) The opportunities for profitable employment of the licensees funds as indicated by the average demand for credit, the number of potential investors, the volume of transactions where the services of a thrift company would be appropriate, and the business and industries of the community with particular regard to their stability, diversification and size.
4. The character, banking, industrial loan, [or] finance or thrift company or other experience and business qualifications of the proposed officers and managers of the licensee.
5. The character, financial responsibility, business experience and standing of the proposed stockholders and directors.
6. Such other facts and circumstances bearing on the proposed licensee as in the opinion of the director may be relevant.
Sec. 5. NRS 677.230 is hereby amended to read as follows:
677.230 The director may establish the basis upon which reasonable and adequate reserves shall be created and maintained, which shall be no less than 3 percent of thrift certificates in cash and due from banks and savings and loans, and 5 percent of thrift certificates in United States treasury bills or notes [or] , short-term obligations of the federal or state government [.] or money deposited in a bank or savings and loan association in this state which is federally insured. For the purposes of this section, short term means having a maturity of 2 years of less.
Sec. 6. NRS 677.270 is hereby amended to read as follows:
677.270 1. The director shall not approve an application for a branch office until he has ascertained to his satisfaction that the facts set forth in the application are true and:
[1.] (a) That the public convenience and advantage will be promoted by the establishment of the proposed branch office.
[2.] (b) That the licensee has the capital required by this chapter.
2. The director must give his approval or denial for a branch application to the licensee within 45 days from the date of application to open a branch office unless the director gives notice within the original 45-day period that he is extending the period for decision for a term not to exceed an additional 45 days.
Sec. 7. NRS 677.290 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 997 (CHAPTER 516, AB 710)κ
677.290 The failure of a licensee to open and operate a branch office within [4] 6 months after the director approves the application therefor automatically terminates the right of the licensee to open the branch office.
Sec. 8. NRS 677.300 is hereby amended to read as follows:
677.300 When authorized by the director, a licensee may change the location of a branch office from one location to another. The director must give his approval or denial to the licensee within 25 days from the date of application for a change in branch location unless the director gives notice within the original 25-day period that he is extending the period for decision for a term not to exceed an additional 25 days. Every licensee shall keep posted in a conspicuous place in each branch office the certificate issued by the director permitting the operating of the branch office.
Sec. 9. NRS 677.400 is hereby amended to read as follows:
677.400 1. Annually, on or before [April 15,] May 15, unless the director grants a written extension, each licensee shall file with the director a report of operations of the licensed business for the preceding calendar year.
2. [Such] The report [shall] must give information with respect to the financial condition of the licensee and [shall] include balance sheets at the beginning and end of the year, statement of income and expenses for the period, reconciliation of surplus or net worth with the balance sheets, schedule of assets used and useful in the licensed business, size of loans, analysis of charges, including monthly average number and amount of loans outstanding, analysis of delinquent accounts, court actions undertaken to effect collection, and any further statistical information reasonably prescribed by the director.
3. [Such] The report [shall] must be made under oath and [shall] be in the form prescribed by the director.
4. If any person or affiliated group holds more than one license in the state, [they] that person or group may file a composite annual report, [provided that] if a short form of report applicable to each licensed office accompanies [such composite.] the report.
Sec. 10. NRS 677.620 is hereby amended to read as follows:
677.620 1. A licensee shall not have outstanding at any time its thrift certificates, exclusive of those hypothecated with the licensee issuing them, in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
2. If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the director may increase the ratio of thrift certificates to paid up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The director shall give his approval or denial of the application for an increased ratio to the licensee in writing with supporting reasons within 30 days from the date of application by the licensee unless the director gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The director may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
κ1979 Statutes of Nevada, Page 998 (CHAPTER 516, AB 710)κ
the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
3. No licensee may have total borrowings, exclusive of thrift certificates, which exceed the larger of:
(a) Five times its capital and surplus; or
(b) The face amount of its total thrift certificates outstanding at the time a borrowing is made.
4. Each licensee shall establish a thrift insurance guarantee fund immediately upon beginning business, as a special account with an initial balance of $15,000. Money cannot be withdrawn from the fund or the account put to any other use without the permission of the director. Money in the fund may be invested only in obligations of the United States, this or any other state, or a bank or savings and loan association whose principal office is in this state and whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. At the end of each fiscal year of the licensee an amount equal to three-tenths of 1 percent of the licensees outstanding thrift certificates shall be added to the fund, until the fund balance reaches $350,000. Interest earned on the principal of the fund shall not be withdrawn except as permitted for other money of the fund, but may be credited against the required addition.
Sec. 11. NRS 677.690 is hereby amended to read as follows:
677.690 A licensee shall not contract for or receive any charge in addition to those provided in this chapter for interest, default or deferment except:
1. Court costs;
2. Reasonable attorney fees fixed by the court;
3. Cost of publication required by law and lawful fees for the filing, recording or releasing in any public office any instrument securing a loan;
4. The identifiable charge or premium for insurance provided for in this chapter;
5. A charge for appraisal and investigative expense actually incurred by a licensee, not to exceed 1.5 percent of the amount of the loan obligation;
6. On any loan made which is secured in whole or in part by real property, an escrow fee of a reasonable amount when such services are actually performed, and in case of default, all foreclosure costs.
7. If title insurance is obtained in connection with a loan, the costs for such insurance, but only if:
(a) The loan is secured by the lien of a deed of trust or mortgage on real property which is the subject of such policy of title insurance;
(b) The policy of title insurance is made payable to the lender or jointly to such lender and the borrower as their interests may appear;
(c) The amount of such insurance does not exceed the amount of the loan;
(d) Such insurance is placed at standard rates through a title insurance company authorized to do business in the State of Nevada; and
(e) The provisions of the loan require payment in not less than 12 months.
κ1979 Statutes of Nevada, Page 999 (CHAPTER 516, AB 710)κ
No charge may be collected on loan application for amounts of $5,000 gross or less unless a loan is made [.] , except for reasonable costs actually incurred.
Sec. 12. NRS 677.710 is hereby amended to read as follows:
677.710 1. A licensee may request that a borrower insure tangible property when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of such property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one or more parties obligated on the loan if any such insurance provided or obtained by the licensee complies with the applicable provisions of chapter 690A of NRS.
3. In accepting any insurance provided by this section as security for a loan, the licensee may include the premiums or identifiable charge as part of the principal or may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge shall not exceed those filed with and approved by the commissioner of insurance, and remit such premiums to the insurance company writing such insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from such insurance or its sale shall not be considered as additional or further charge in connection with any loan made under this chapter. Not more than one policy of life insurance and one policy providing accident and health coverage may be written on each borrower, by a licensee in connection with any loan transaction under this chapter, except when insurance in the amount of the obligation is not available under a single policy, and a licensee shall not require the borrower to be insured as a condition of any loan. If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance shall be refunded or credited in accordance with the method established in this chapter for refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost thereof to the borrower, within 30 days from the date of the loan. All such insurance shall be written by a company authorized to conduct such business in this state, and the licensee shall not require the purchase of such insurance from any agent or broker designated by the licensee.
4. Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 shall provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which such insurance is security, without prejudice to any claim. Such refund shall be under a formula filed by the insurer with the insurance division of the department of commerce.
κ1979 Statutes of Nevada, Page 1000 (CHAPTER 516, AB 710)κ
Sec. 13. NRS 677.730 is hereby amended to read as follows:
677.730 1. A licensee may lend $5,000 or more:
(a) At any rate of interest;
(b) Subject to the imposition of any charge in any amount; and
(c) Upon any schedule of repayment,
to which the parties may agree.
2. Loans or obligations of $10,000 or more other than those secured by thrift certificates of the licensee shall be secured by collateral having a market value of at least 115 percent of the amount due on the loans or obligations. On loans secured by thrift certificates of the licensee, the net amount advanced shall not exceed 90 percent of the amount of the thrift certificate or certificates used as collateral.
Sec. 14. NRS 677.790 is hereby amended to read as follows:
677.790 A licensee may:
1. Make loans [secured by, and purchase, sell or discount:] in the amount of $3,500 or more secured by, and purchase, sell or discount in any amount:
(a) Bona fide trust receipts;
(b) Secured choses in action;
(c) Chattel mortgages;
(d) Conditional sales contracts;
(e) Security agreements; [and]
(f) Leases [.] ; and
(g) Lien contracts.
2. Sell or negotiate thrift certificates either in certificate or passbook form. The certificates may provide for the payment of money at any time, except that passbook certificates shall be payable on demand or within 30 days thereafter. The licensee may receive payments therefor in installments or otherwise, with or without an allowance of interest upon such installments. The maximum rate of interest payable on thrift certificates shall not be more than 2.5 percent above the highest rate of interest which may then lawfully be paid on certificates of deposit by a bank or savings and loan association operating in this state.
________
Assembly Bill No. 783Assemblymen Glover and Bergevin
CHAPTER 517
AN ACT relating to Carson City; authorizing the creation of a second department of the municipal court; and providing other matters properly relating thereto.
[Approved May 26, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 304, is hereby amended to read as follows: