[Rev. 2/27/2019 12:54:39 PM]
κ1981 Statutes of Nevada, Page 601 (CHAPTER 328, AB 9)κ
extended 10 days. The foregoing provisions of this subsection with reference to the service of process [shall not be deemed] are not exclusive, but if [such] a defendant dealer, broker or commission merchant is found within the State of Nevada he [shall] must be served with process in the State of Nevada.
6. Any producer of livestock or farm products or his agent or consignee having a claim against any dealer, broker or commission merchant shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim [shall have] has accrued.
7. If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond [shall] must be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against [such] the money or securities, [the amount thereof shall] they must be delivered to the owner thereof. If a legal action has been commenced within [such] that time, all [such] the money and securities [shall] must be held by the department subject to the order of the district court.
8. If the department receives notice from a producer of livestock or farm products or his agent or consignee of the default of a licensed dealer, broker or commission merchant, the department shall issue an order to the licensee to show cause why his license should not be revoked. The notice [shall] must be in writing and set forth a time and place for a hearing on the matter to be held before the director of the department.
9. If a license is revoked pursuant to subsection 8 the department shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the licensees license has been revoked.
10. Any licensed dealer, broker or commission merchant who knowingly sells or otherwise encumbers real property which is the security for a bond under subsection 1, after a policy of title insurance on that property has been issued and while the bond is in force, is guilty of a gross misdemeanor.
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Assembly Bill No. 495Committee on Government Affairs
CHAPTER 329
AN ACT relating to public records; liberalizing the provisions for destruction of records; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 239 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Unless destruction of a particular record without reproduction is authorized by a schedule adopted pursuant to NRS 239.080 or 239.125, any custodian of public records in this state may destroy documents, instruments, papers, books and any other records or writings in his custody only if those records or writings have been placed on microphotographic film or if the information they contain has been entered into a computer system which permits the retrieval and reproduction of that information.
κ1981 Statutes of Nevada, Page 602 (CHAPTER 329, AB 495)κ
authorized by a schedule adopted pursuant to NRS 239.080 or 239.125, any custodian of public records in this state may destroy documents, instruments, papers, books and any other records or writings in his custody only if those records or writings have been placed on microphotographic film or if the information they contain has been entered into a computer system which permits the retrieval and reproduction of that information. A reproduction of that film or that information shall be deemed to be the original.
2. Microphotographs made pursuant to this section must be made on film which complies with minimum standards of quality approved by the American National Standards Institute.
3. The custodian of the records or writings shall:
(a) Promptly store at least one copy of the microphotographic film or the tape, disk or other medium used for the storage of that information by the computer in such a manner and place as to protect it reasonably from loss or damage; and
(b) Maintain for the use of authorized persons a copy of a reproduction of the film or the information stored by the computer.
Sec. 2. NRS 239.123 is hereby amended to read as follows:
239.123 1. As an alternative to the destruction of old records [as provided by NRS 239.122, such] the records, with the consent of the governing body, may be submitted to the division of archives.
2. The division of archives may return the records so submitted, or any part thereof, if they have no historical or permanent value.
3. The custodian of records shall maintain an accounting of all old records disposed of pursuant to this section, indicating the nature or identity of such records as well as the date of submission to the division of archives.
Sec. 3. NRS 239.124 is hereby amended to read as follows:
239.124 Except as provided in NRS 239.100, 239.110, 239.120 [,] and section 1 of this act, and except as may be specifically authorized by the special charter of any incorporated city, NRS 239.121 to 239.123, inclusive, [shall constitute] constitutes the exclusive procedure for destruction or disposition by a local government entity of any old records of [such] the entity which have been retained by [such] the entity for any purpose, and destruction or disposition thereof [shall] must not occur except by compliance with [such] that procedure.
Sec. 4. NRS 408.215 is hereby amended to read as follows:
408.215 1. The director has charge of all the records of the department, keeping records of all proceedings pertaining to the department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the department, except those financial statements described in NRS 408.333, which must not become matters of public record.
2. The director may photograph, microphotograph or film or dispose of the records of the department referred to in subsection 1 as provided in NRS [239.050 to 239.085, inclusive.] 239.080, 239.085 and section 1 of this act.
3. The director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department.
κ1981 Statutes of Nevada, Page 603 (CHAPTER 329, AB 495)κ
4. The director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.
Sec. 5. NRS 239.050 and 239.122 are hereby repealed.
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Assembly Bill No. 392Committee on Government Affairs
CHAPTER 330
AN ACT relating to the administration of public health; changing the qualifications of county and district health officers; and providing other matters properly relating thereto.
[Approved May 25, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 439.290 is hereby amended to read as follows:
439.290 1. On or before January 1 next following each general election, the board of county commissioners shall appoint a county health officer for the county.
2. The county health officer [shall be learned in sanitary science, public health practice and the diagnosis of infectious diseases.] must be appointed on the basis of his graduate education in public health, his training, his experience and his interest in public health and related programs.
3. His term of office [shall be for] is 2 years or until his successor has been appointed and qualified.
Sec. 2. NRS 439.320 is hereby amended to read as follows:
439.320 The county health officer [shall be] is the executive officer of the county board of health, and if licensed to practice medicine in this state may be county physician.
Sec. 3. NRS 439.400 is hereby amended to read as follows:
439.400 1. [The] The district board of health shall appoint a district health officer [shall be appointed by the district board of health.
2. He shall have] for the district.
2. The district health officer must be appointed on the basis of his graduate education in public health, his training, his experience and his interest in public health and related programs.
3. The district health officer has full authority as a county health officer in the health district. [and shall receive such compensation as may be agreed upon and fixed by the governing bodies of the counties, cities or towns comprising such district.]
4. Any clinical program of a district board of health which requires medical assessment must be carried out under the direction of a physician.
5. The district health officer is entitled to receive a salary fixed by the district board of health and serves at the pleasure of that board.
________
κ1981 Statutes of Nevada, Page 604κ
Assembly Bill No. 293Committee on Health and Welfare
CHAPTER 331
AN ACT relating to food establishments; removing provisions on the system of demerits; making certain administrative changes; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 446.880 is hereby amended to read as follows:
446.880 1. Permits issued under the provisions of this chapter may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of this chapter.
2. Whenever a permitholder or operator has failed to comply with any notice issued under the provisions of this chapter, the permitholder or operator [shall] must be notified in writing that the permit is, upon service of the notice, immediately suspended [, or] or that the establishment is downgraded [, and] if that is the case. The notice must also contain a statement informing the permitholder or operator that an opportunity for a hearing will be provided if a written request for a hearing is filed by him with the health authority. [by the permitholder.]
3. [Notwithstanding any other provision of this chapter, whenever] Whenever the health authority finds an insanitary or other [conditions] condition in the operation of a food establishment which, in his judgment, [constitute] constitutes a substantial hazard to the public health, he may without warning, notice or hearing issue a written [notice] order to the permitholder or operator citing [such] the condition, specifying the corrective action to be taken, and specifying the time [period] within which [such action shall] the action must be taken. [Such] The order may state that the permit is immediately suspended [,] and all food operations [are to] must be immediately discontinued. Any person to whom such an order is issued shall comply with it immediately. [therewith.] Upon written petition to the health authority, [such person shall] the person must be afforded a hearing as soon as possible.
4. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit [shall] must be reinstated.
5. For serious or repeated violations of any of the requirements of this chapter or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. [Prior to such] Before taking such an action, the health authority shall notify the permitholder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit [shall] will be permanently revoked at the end of 5 days following service of [such] the notice [,] unless a request for a hearing is filed with the health authority by the permitholder within [such 5-day period.]
κ1981 Statutes of Nevada, Page 605 (CHAPTER 331, AB 293)κ
by the permitholder within [such 5-day period.] 5 days. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
6. The hearings provided for in this section [shall] must be conducted by the health authority at a time and place designated by him. Based upon the record of [such] the hearing, the health authority shall make a finding and [shall] may sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision [shall] must be furnished to the permitholder by the health authority.
Sec. 2. NRS 446.890 is hereby amended to read as follows:
446.890 1. The health authority, after [proper identification, shall] he has properly identified himself, must be permitted to enter, at any reasonable time, any food establishment within the state for the purpose of making any inspection to determine compliance with this chapter. He [shall] must be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.
2. Whenever the health authority makes an inspection of a food establishment, he shall record his findings on an inspection report form provided for this purpose. The health authority shall furnish the original of [such] the inspection report form to the permitholder or operator. [Such form shall] The form must summarize the requirements of this chapter. [, and shall set forth demerit point values for each such requirement, in accordance with PHS Form 4006. Upon completion of an inspection, the health authority shall total the demerit point values for all requirements in violation, such total becoming the demerit score for the establishment.]
Sec. 3. NRS 446.895 is hereby amended to read as follows:
446.895 [Whenever] Except as otherwise provided in subsection 3 of NRS 446.880, whenever the health authority makes an inspection of a food establishment and discovers that any of the requirements of this chapter have been violated, he shall notify the permitholder or operator of [such] the violations by means of an inspection report form or other written notice. [Such notice shall:] The notice must:
1. Set forth the specific violations found; [, together with the demerit score of the establishment.]
2. Establish a specific and reasonable [period of] time for the correction of [the violations found, in accordance with the following provisions:
(a) If the demerit score of the establishment is 20 or less, all violations of two or four demerit points must be corrected by the time of the next routine inspection.
(b) If the demerit score of the establishment is more than 20 but not more than 40, all items of two or four demerit points must be corrected within a period of time not to exceed 30 days.
(c) If one or more six-demerit point items are in violation, regardless of demerit score, such items must be corrected within a period of time not to exceed 10 days.
(d) If the demerit score of the establishment is more than 40, the permit is immediately suspended.
(e)] those violations;
κ1981 Statutes of Nevada, Page 606 (CHAPTER 331, AB 293)κ
3. In the case of temporary food establishments, state that the violations must be corrected within a specified period [of time not to exceed] which must not be more than 24 hours. Failure to comply with [such notice shall result] the notice results in immediate suspension of the permit; [.]
[3.] 4. State that failure to comply with the requirements of any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit or in downgrading of the establishment [.] ; and
[4.] 5. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health authority within the period [of time] established in the notice for correction.
Sec. 4. NRS 446.940 is hereby amended to read as follows:
446.940 1. [This chapter shall] Except as provided in subsection 2, this chapter must be enforced by the health authority in accordance with [the interpretations thereof contained in the compliance provisions of] regulations [,] hereby authorized to be adopted by the state board of health [, detailing] to carry out the requirements of this chapter.
2. A local board of health may adopt such regulations as it may deem necessary to carry out the requirements of this chapter. Such regulations:
(a) Become effective when approved by the state board of health;
(b) Must be enforced by the health authority; and
(c) Supersede the regulations adopted by the state board of health pursuant to subsection 1.
3. All sheriffs, constables, policemen, marshals and other peace officers shall render such services and assistance to the health authority in regard to enforcement as he may request.
Sec. 5. NRS 446.943 is hereby amended to read as follows:
446.943 The district [attorneys of the several counties] attorney of each county shall prosecute [violations] any person who violates any provision of this chapter [and] or any provision of the regulations of the state board of health [.] or the local board of health adopted pursuant to this chapter.
Sec. 6. NRS 446.905, 446.910 and 446.915 are hereby repealed.
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Assembly Bill No. 219Committee on Economic Development and Natural Resources
CHAPTER 332
AN ACT relating to wildlife; making various changes in the law regulating the administration and management of wildlife; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1981 Statutes of Nevada, Page 607 (CHAPTER 332, AB 219)κ
1. The wildlife imprest account in the amount of $15,000 is hereby created for the use of the department, subject to the following conditions:
(a) The money must be deposited in a bank qualified to receive deposits of public money, except that $500 must be kept in the custody of an employee designated by the director for immediate use for purposes set forth in this section.
(b) The account must be replenished periodically from the 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.
2. The wildlife imprest account may be used to pay for postage, C.O.D. packages, travel or other minor expenses which are proper as claims for payment from the wildlife account in the state general fund.
3. The wildlife imprest account may be used to provide money to employees of the department for travel expenses and subsistence allowances arising out of their official duties or employment. All advances constitute a lien in favor of the department upon the accrued wages of the requesting employee in an amount equal to the money advanced, but the director may advance more than the amount of the accrued wages of the employee. Upon the return of the employee, he is entitled to receive money for any authorized expenses and subsistence in excess of the amount advanced.
Sec. 2. NRS 501.177 is hereby amended to read as follows:
501.177 1. The commission shall hold [regular meetings monthly] at least nine meetings each year at the headquarters 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 the commission deems proper.
3. Four members of the commission constitute a quorum for the transaction of any business which may come before the commission.
Sec. 3. NRS 501.351 is hereby amended to read as follows:
501.351 1. The 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, in accordance with and for the purpose of carrying out the policy of the commission.
2. Such agreements do not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.
Sec. 4. NRS 502.140 is hereby amended to read as follows:
502.140 1. Tags [shall] may be used as a method of enforcing a limit of the number of any species which may be taken by any one person in any one season or year, and may be issued in such a manner that only a certain number may be used in any one management area, or that one tag may be used in several management areas, as designated by the commission.
2. The commission shall designate the number of tags for any species which may be obtained by any one person, and it [shall be] is unlawful for any person to obtain tags for his use in excess of this number, or to use or possess tags issued to any other person, or to transfer or give tags issued to him to any other person.
κ1981 Statutes of Nevada, Page 608 (CHAPTER 332, AB 219)κ
use or possess tags issued to any other person, or to transfer or give tags issued to him to any other person.
Sec. 5. NRS 502.190 is hereby amended to read as follows:
502.190 1. Tags for hunting [deer] wildlife in regular season by nonresident or alien hunters may be limited to a certain number in any management area, which management area may include all of any county, any portion of any county, or any continuous area in adjacent counties.
2. Whenever a limit is placed upon the number of tags available to nonresident or alien hunters in any management area the commission shall determine the manner in which [such licenses shall be] the tags are issued, whether by lot or by sale to first applicants, the manner of application, the manner of [delivery] delivering the tags and other necessary matters.
3. Whenever applications, money or tags and licenses are entrusted to the mails the commission [shall not be] is not responsible for loss or delay in the mails.
Sec. 6. NRS 503.120 is hereby amended to read as follows:
503.120 1. Open seasons as provided under this Title for [big] game animals may designate the sex and age class or any obvious physical characteristic for the animals which may be taken.
2. With regard to [deer, a designation of bucks only means any deer with at least one branched antler, and a designation of antlerless deer means any deer with less than once branched antler. In the above designation, eye guards shall not be considered branches of the antler.] game animals, the commission may adopt regulations defining bucks only and antlerless animals.
Sec. 7. NRS 503.570 is hereby amended to read as follows:
503.570 1. Every person taking or causing to be taken wild animals by means of traps, snares or any other devices which do not, or are not designed to, cause immediate death to such animals, shall, when any such traps, snares or devices are placed or set for the purpose of taking animals, visit or cause to be visited at least once each [week] 96 hours each such trap, snare or other device during all of the time [any such] the trap, snare or device is placed, set or used in the taking of wild animals, and remove therefrom any animals caught therein.
2. The provisions in subsection 1 do not apply to employees of the state department of agriculture or the United States Fish and Wildlife Service when acting in their official capacities.
Sec. 8. NRS 503.583 is hereby amended to read as follows:
503.583 1. Any person who practices falconry or trains birds of prey shall obtain a license for such purpose from the department upon payment of a license fee as provided in NRS 502.240.
2. [License applications shall be accompanied by affidavits from two licensed or recognized falconers certifying as to the competency of the applicant properly to care for birds of prey and to engage in falconry.
3.] The licensee, under permit, may obtain from the wild only two birds per year. All such birds of prey [shall] must be banded in accordance with commission regulation.
[4.] 3. Birds of prey [shall] may not be taken, captured or disturbed during the months in which they breed.
κ1981 Statutes of Nevada, Page 609 (CHAPTER 332, AB 219)κ
[5.] 4. This section does not prohibit the capture or killing of a hawk or an owl by holders of scientific collecting permits, except that rare and endangered species [cannot] must not be killed by holders of scientific collecting permits or holders of licenses issued pursuant to this section.
Sec. 9. NRS 503.590 is hereby amended to read as follows:
503.590 1. [Except as provided in this section, it is unlawful for any person, firm, partnership or corporation to maintain any zoo, menagerie or display of live wild animals, wild birds or reptiles, either native or exotic, or to exhibit as a zoo, menagerie or display any living wild animals, wild birds or reptiles, whether for compensation or otherwise.
2. Any municipal corporation, political subdivision, agency, individual, firm, partnership, corporation or department of the State of Nevada may apply to the department for permission to maintain and operate a zoo, menagerie or display of wild animals, wild birds or reptiles, setting forth such matters as may be required by the commission. Upon approval of the application, the applicant may maintain and conduct such zoo, menagerie or display of wild animals, wild birds or reptiles.
3. Any individual] Any natural person may maintain a private collection of legally obtained live wild animals, wild birds and reptiles if such collection is not maintained for public display nor as a part of or adjunct to any commercial establishment.
[4. Any person, firm, partnership or corporation may apply to the department for a license to maintain a permanently located trained animal act for public display if such act is under the supervision and control of a competent animal trainer. The department shall in its discretion determine whether an animal collection qualifies for a license under this subsection. The department may charge a fee for such license in accordance with NRS 502.240.
5. In any county, the board of county commissioners shall first approve the operation of any zoo or other collection of wild animals, by any municipal corporation, political subdivision, individual, firm, partnership or corporation for any purpose and may require a bond to show financial responsibility.
6. This section shall not apply to any regularly organized traveling circus, menagerie or trained act of wild animals not permanently located within the State of Nevada or to pet stores, licensed by any city or county to sell wildlife, which display the species offered for sale.
7. The board of county commissioners or the governing body of a city shall grant a permit pursuant to this subsection only if it first finds that the proposed zoo, menagerie or display will be primarily for an educational purpose.
8. The department]
2. The commission may adopt reasonable [rules and] regulations relating to the handling, care and safeguarding of animals maintained in any zoo or other collection of wild animals.
Sec. 10. NRS 503.650 is hereby amended to read as follows:
503.650 Nothing in this Title:
1. Prohibits any person, upon the written permit of the department, from taking, killing, [or] possessing or banding any species of wildlife, or collecting the nest or eggs thereof, for strictly scientific purposes, the number and species of wildlife to be limited by the department.
κ1981 Statutes of Nevada, Page 610 (CHAPTER 332, AB 219)κ
collecting the nest or eggs thereof, for strictly scientific purposes, the number and species of wildlife to be limited by the department.
2. Prevents shipping into any other county or state, under a written permit issued by the department, any wildlife for scientific purposes.
3. The fee for a permit to collect wildlife for scientific purposes is $5.
Sec. 11. NRS 504.300 is hereby amended to read as follows:
504.300 Any person who owns or controls the shooting rights or privileges on an enclosed tract of land [of not more than 5,000 acres] may establish a commercial or private shooting preserve for the propagation, culture and maintenance of upland game birds pursuant to the provisions of this chapter and commission regulations.
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Assembly Bill No. 82Committee on Agriculture
CHAPTER 333
AN ACT relating to the control of pests; enlarging the definition of pest control to include the submission of bids and reports; removing certain exemptions regarding the application of restricted-use pesticides; providing for the revocation of licenses in certain circumstances; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 555.2667 is hereby amended to read as follows:
555.2667 Pest control means the business of engaging in, advertising or soliciting for [or performance of the use] :
1. The use for hire of pesticides or mechanical devices for the [purpose of eliminating, exterminating, controlling or preventing] extermination, control or prevention of infestations of pests.
2. The inspection for hire of households or other structures and the submission of reports of inspection, estimates or bids, written or oral, for the inspection, extermination, control or prevention of wood-destroying pests.
Sec. 2. NRS 555.267 is hereby amended to read as follows:
555.267 Pesticide means : [, but is not limited to:]
1. Any substance or mixture of substances, including any living organisms or any product derived therefrom or any fungicide, herbicide, insecticide, nematocide or rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus (except virus on or in living man or other animals) which is normally considered to be a pest or which the executive director may declare to be a pest.
2. Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant, and any other substances intended for such use as may be named by the executive director by regulation after calling a public hearing for [such] that purpose.
κ1981 Statutes of Nevada, Page 611 (CHAPTER 333, AB 82)κ
Sec. 3. NRS 555.277 is hereby amended to read as follows:
555.277 1. The provisions of NRS 555.2605 to 555.460, inclusive, relating to licenses and requirements for their issuance [shall] , except a certificate or permit to use a restricted-use pesticide, do not apply to any farmer-owner of ground equipment applying pesticides for himself or his neighbors, if:
(a) He operates farm property and operates and maintains pesticide-application equipment primarily for his own use.
(b) He is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation, and he does not publicly hold himself out as a pesticide applicator.
(c) He operates his pesticide-application equipment only in the vicinity of his own property and for the accommodation of his neighbors for agricultural purposes only.
2. The provisions of NRS 555.2605 to 555.460, inclusive, [shall] except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to any person using hand-powered equipment, devices or contrivances to apply pesticides to lawns, or to ornamental shrubs and trees not in excess of 12 feet high, as an incidental part of his business of taking care of household lawns and yards for remuneration, if [such] that person does not publicly hold himself out as being in the business of applying pesticides.
Sec. 4. NRS 555.280 is hereby amended to read as follows:
555.280 No person [shall] may engage in [custom application of pesticides] pest control or serve as an agent, operator or pilot [or engage in making custom inspections of households or other structures for wood destroying pests or similar organisms] for that purpose within this state at any time without a license issued by the executive director.
Sec. 5. NRS 555.310 is hereby amended to read as follows:
555.310 1. The executive director shall collect from each person applying for the examination or reexamination a testing fee of $5 for each field of pest control in which the applicant wishes to be examined, subject, however, to a maximum charge of $25 and a minimum charge of $10 for any one application.
2. Upon the successful completion of the testing, the executive director shall collect from each person applying for a license for [the custom application of pesticides] pest control the sum of $25 before the license is issued. Any company or person employing operators, pilots or agents shall pay to the executive director $10 for each [such] operator, pilot or agent licensed.
Sec. 6. NRS 555.320 is hereby amended to read as follows:
555.320 1. If the executive director finds the applicant qualified, and upon the applicants appointing the executive director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330, the executive director shall issue a license to perform [custom application of pesticides] pest control within this state.
2. The license period is the calendar year. All licenses [shall] expire on December 31 of each year. The license may be renewed annually upon application to the executive director and payment of the license fee on or before January 16 of each year.
3. A penalty fee of $5 [shall] must be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of pesticides from the time of expiration of his prior license to the time of application for renewal.
κ1981 Statutes of Nevada, Page 612 (CHAPTER 333, AB 82)κ
the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of pesticides from the time of expiration of his prior license to the time of application for renewal.
4. The license may restrict the licensee to the use of a certain type of types of equipment or materials if the executive director finds that the applicant is qualified to use only [such] a certain type or types.
5. If a license is not issued as applied for, the executive director shall inform the applicant in writing of the reasons therefor.
Sec. 7. NRS 555.330 is hereby amended to read as follows:
555.330 1. The executive director shall require from each applicant for a [custom] pest control license proof of public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000. The executive director may accept a liability insurance policy or surety bond in the proper amount which has a deductible clause in an amount not exceeding $500 for aerial applicators and $250 for all other applicators for the total amount of liability insurance or surety bond required. However, if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such a deductible clause [shall] may not be accepted by the executive director unless [such] the applicant furnishes a surety bond or liability insurance which satisfies the amount [of the] deductible as to all claims that may arise in his application of pesticides.
2. The executive director may require drift insurance for [operators employing] the use of pesticides or other materials declared hazardous or dangerous to man, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any such obligation [shall be] is entitled to sue in his own name in any court of competent jurisdiction to recover the damages he [may have] sustained by [such] that breach, [providing] if each claim is made within 6 months after the alleged injury.
4. The executive director on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed [custom] pest control operator. [Verified] A verified complaint of loss or damage must be filed within 60 days from the time that the occurrence of [such] the loss or damage becomes known; or if a growing crop is alleged to have been damaged, [such] the verified complaint [shall] must be filed [prior to the time] before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint [shall] must be furnished to the complainant.
Sec. 8. NRS 555.350 is hereby amended to read as follows:
555.350 1. The executive director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any license issued under NRS 555.2605 to 555.460, inclusive, if he finds that:
(a) The licensee is no longer qualified;
(b) The licensee has engaged in fraudulent business practices in [the custom application of pesticides;] pest control;
(c) The licensee had made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;
κ1981 Statutes of Nevada, Page 613 (CHAPTER 333, AB 82)κ
(d) The licensee has applied known ineffective or improper materials;
(e) The licensee operated faulty or unsafe equipment;
(f) The licensee has made any [custom] application in a faulty, careless or negligent manner;
(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, or regulations made thereunder;
(h) The licensee engaged in the business of [the application of a pesticide] pest control without having a licensed applicator or operator in direct on-the-job supervision;
(i) The licensee aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, combined or conspired with such a licensee or an unlicensed person to evade [such] the provisions, or allowed ones license to be used by an unlicensed person; [or]
(j) The licensee was intentionally guilty of fraud or deception in the procurement of his license [.] ; or
(k) The licensee was intentionally guilty of fraud or deception in the issuance of an inspection report on wood-destroying pests or other report required by regulation.
2. A license [shall be] is suspended automatically, without action of the executive director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330, is canceled, and the license [shall remain] remains suspended until [such] the insurance is reestablished.
Sec. 9. NRS 555.262 is hereby repealed.
________
Assembly Bill No. 87Committee on Judiciary
CHAPTER 334
AN ACT relating to crimes and punishments; increasing penalties for certain false imprisonment and batteries; prohibiting sexual conduct between prisoners and persons engaged in their custody or confinement; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 212 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for:
(a) A prisoner who is in lawful custody or confinement to engage voluntarily in sexual conduct with a person who has custody of him or an employee of the institution in which he is confined; or
(b) A person who has custody of a prisoner or who is an employee of an institution in which a prisoner is confined, to engage voluntarily in sexual conduct with a prisoner.
2. As used in this section, sexual conduct means acts of masturbation, homosexuality, sexual intercourse or physical contact with anothers unclothed genitals or pubic area.
κ1981 Statutes of Nevada, Page 614 (CHAPTER 334, AB 87)κ
homosexuality, sexual intercourse or physical contact with anothers unclothed genitals or pubic area.
Sec. 2. NRS 200.460 is hereby amended to read as follows:
200.460 1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. Any person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and [shall be punished for] , except as provided in subsection 3, is guilty of a gross misdemeanor.
3. If the false imprisonment is committed:
(a) By a prisoner in a penal institution without a deadly weapon; or
(b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
4. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment shall be punished by imprisonment in the state prison for not less than 2 years nor more than 20 years.
Sec. 3. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A peace officer as defined in NRS 169.125;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or
(3) A member of a volunteer fire department.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, 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.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
(e) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1981 Statutes of Nevada, Page 615 (CHAPTER 334, AB 87)κ
by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
________
Senate Bill No. 29Senators Wagner, Faiss, Getto and Echols
CHAPTER 335
AN ACT relating to the department of prisons; authorizing the establishment of centers for restitution; providing a procedure for determining restitution and for its payment by offenders to the victims of their crimes; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Dependent means a person who was wholly or partially dependent upon the income of a deceased person at the time of his death. The term includes the child of the deceased person born after his death.
Sec. 4. Victim means:
1. A natural person, governmental agency, unincorporated association or business organization which is physically injured or otherwise suffers any damages as a direct result of a criminal act for which the offender is incarcerated.
2. The spouse, children and dependents of a natural person who is killed or is injured or suffers damages as described in subsection 1.
Sec. 5. The director may:
1. With the approval of the board, establish centers to house offenders within a community so they may work to earn wages with which to make restitution to the victims of their crimes.
2. If space is available, assign to the center an offender participating in a work or educational release program.
Sec. 6. The director may assign an offender to a center for the purpose of making restitution only if:
1. The offender requests the assignment;
2. The director determines that the offender is suitable for the assignment;
3. A victim files a claim for restitution from the offender which the director determines is valid or the offender voluntarily offers to make restitution to a victim of his crime and the director determines that restitution can be made to that victim; and
κ1981 Statutes of Nevada, Page 616 (CHAPTER 335, SB 29)κ
restitution to a victim of his crime and the director determines that restitution can be made to that victim; and
4. The offender makes an assignment to the department of his wages earned while at the center.
Sec. 7. The director shall determine a fixed amount to be deducted from the wages of each offender assigned to a center to offset in part the cost of providing the offender with housing, meals and medical and dental services at the center.
Sec. 8. 1. Any victim may file a claim for restitution with the director at any time while the offender is incarcerated. No action may be taken upon the claim until:
(a) The offender has requested assignment to a center of the department; and
(b) The director has determined that the offender is suitable for that assignment.
2. If the victim is a minor, the claim may be made on his behalf by a parent or guardian. If the victim is mentally incompetent, the claim may be made on his behalf by a parent, guardian or other person authorized to administer his estate.
3. After an offender has requested an assignment to a center and is determined to be suitable for assignment, the director shall determine:
(a) The validity of all claims for restitution from the offender; or
(b) If no claim has been filed and the offender has voluntarily offered to make restitution to a victim, whether restitution can be made to that victim.
Sec. 9. Once the director determines that a claim for restitution is valid or, absent a claim, that restitution voluntarily offered by the offender can be made, the director shall attempt to negotiate and enter into an agreement with the offender which provides for an assignment to the department of all wages which the offender earns while at the center:
1. To make restitution payments to the victims of any crime for which the offender is incarcerated;
2. To reimburse the department in part for its costs in providing the offender housing, meals and medical and dental services at the center; and
3. For his own account to the prisoners personal property fund.
The agreement must contain a schedule of restitution payments to be made to all victims of crimes for which the offender is incarcerated who have filed valid claims with the director or, absent any claims, to whom the director determines restitution voluntarily offered by the offender can be made. The payments may be made subject to such terms as the director deems advisable.
Sec. 10. In determining the total restitution which may fairly be awarded to a victim, the director shall, to the extent possible, consider:
1. The following which were actually and reasonably incurred as a direct result of the crime:
(a) Medical expenses, including expenses for psychiatric treatment.
(b) Expenses for any nonmedical remedial care or treatment, including psychological treatment.
(c) Funeral expenses.
(d) Loss of earnings or financial support.
κ1981 Statutes of Nevada, Page 617 (CHAPTER 335, SB 29)κ
(e) Damage to or loss of real or personal property.
(f) Any other economic loss suffered by the victim.
2. Loss of companionship and the pain and suffering of the victim.
3. Any payments the claimant has already received or is legally entitled to receive as a direct result of the injury, loss or death upon which his claim is based.
4. Any conduct of the injured victim or the deceased which contributed directly or indirectly to his injury, loss or death.
Sec. 11. If an offender has been convicted of a criminal act with respect to which a claim for restitution is based, proof of that conviction is conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard to the conviction is pending.
Sec. 12. Payments of restitution must terminate:
1. If the offender is reassigned to another institution of the department which is not a center;
2. When the offender is released from prison, except that the payments may be continued as a condition of parole; or
3. When the victim has received the full amount to which he is entitled under the agreement,
whichever occurs first.
Sec. 13. 1. The director shall arrange for all earnings of an offender assigned to a center to be paid directly from the employer of the offender to the department.
2. The department shall:
(a) First, deduct the amount for housing, meals and medical and dental services determined under section 7 of this act;
(b) Second, distribute any amount required by the schedule of restitution payments; and
(c) Third, deposit any remainder to the offenders account in the prisoners personal property fund.
________
Assembly Bill No. 603Committee on Agriculture
CHAPTER 336
AN ACT relating to animals; authorizing the state quarantine officer to adopt regulations requiring the processing of food waste before it is fed to animals; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 571 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state quarantine officer, with the approval of the state board of agriculture, may adopt such regulations requiring the processing of food waste before it is fed to livestock, fish or other animals as are necessary to prevent the introduction or spread of infectious, contagious or parasitic diseases.
κ1981 Statutes of Nevada, Page 618 (CHAPTER 336, AB 603)κ
diseases. The regulations may prescribe a procedure by which permits are issued to those persons desiring to process food waste, minimum standards of sanitation are established and periodic inspections of the processing facilities are made. The state quarantine officer may collect a reasonable annual fee for each permit issued to recover costs incurred by the department in the issuance of permits and the inspection of processing facilities.
2. Any regulation adopted pursuant to this section does not apply to a person feeding food waste from his household to livestock, fish or other animals being raised on the premises for his consumption.
3. For the purposes of this section, food waste means all waste material derived in whole or in part from the meat of any animal or other animal material, or other refuse associated with any such material, resulting from the handling, preparation and consumption of food.
________
Assembly Bill No. 370Assemblyman Banner (by request)
CHAPTER 337
AN ACT relating to unemployment compensation; providing disqualifications for receipt of extended benefits; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 4, a person is not eligible to receive extended benefits for any week of unemployment in his eligibility period if the executive director finds that during the period he failed to:
(a) Accept an offer of suitable work or failed to apply for any suitable work to which he was referred by the executive director;
(b) Actively engage in a systematic and sustained effort to obtain work; or
(c) Furnish tangible evidence that he had made such efforts.
2. Any person found ineligible for extended benefits pursuant to subsection 1 must also be denied benefits beginning, with the first day of the week after the week in which he was found ineligible, until he has been subsequently employed for 4 weeks and has earned remuneration equal to not less than four times the weekly amount of the extended benefit.
3. As used in this section, suitable work means any work which is within the persons capabilities and for which the gross average weekly remuneration:
(a) Exceeds the sum of:
(1) The amount, if any, of supplemental unemployment benefits (as defined in 26 U.S.C. § 501) payable to the person for the week; and
κ1981 Statutes of Nevada, Page 619 (CHAPTER 337, AB 370)κ
(2) The persons weekly amount of extended benefits as determined pursuant to NRS 612.3776; and
(b) Is not less than the higher of:
(1) The minimum wage provided in 29 U.S.C. § 206, without regard to any exemption; or
(2) Any applicable state or local minimum wage.
4. No person may be denied extended benefits for failure to apply for or accept suitable work if:
(a) The position was not offered to the person in writing and was not listed with the employment service;
(b) The failure does not result in a denial of benefits pursuant to NRS 612.390 to the extent that the criteria for suitability in that section are not inconsistent with the provisions of this section; or
(c) The person furnishes evidence satisfactory to the executive director that his prospects for obtaining work in his customary occupation within a reasonably short period are good. If the evidence is deemed satisfactory, the determination of whether work is suitable for him must be made pursuant to NRS 612.390.
5. The executive director shall refer any person entitled to extended benefits to any available suitable work.
Sec. 2. NRS 612.3774 is hereby amended to read as follows:
612.3774 A person is eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the executive director finds that with respect to such week:
1. He is an exhaustee as defined in subsection 11 of NRS 612.377; [and]
2. He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to persons claiming extended benefits [.] ; and
3. He is not [subject to disqualification] disqualified for the receipt of [any] benefits [.] because he voluntarily left work, was discharged for misconduct or failed to apply for or accept suitable work.
Sec. 3. NRS 612.390 is hereby amended to read as follows:
612.390 [1. An individual shall] 1. Except as provided in section 1 of this act, a person must be disqualified for benefits if the executive director finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the executive director or to accept suitable work when offered him. [Such disqualification shall continue] The disqualification continues for the week in which [such] the failure occurred and for not more than 15 consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director according to the circumstances in each case.
2. In determining whether or not any work is suitable for [an individual,] a person, the executive director shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation.
3. [Notwithstanding any other provisions of this chapter, no] No work shall be deemed suitable and benefits [shall] must not be denied under this chapter to any otherwise eligible [individual] person for refusing to accept new work under any of the following conditions:
κ1981 Statutes of Nevada, Page 620 (CHAPTER 337, AB 370)κ
(a) If the position offered is vacant due directly to a strike, lockout or other labor dispute.
(b) If the wages, hours or other conditions of the work offered are substantially less favorable to the [individual] person than those prevailing for similar work in the locality.
(c) If as a condition of being employed the [individual] person would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
Sec. 4. Each provision of section 1 of this act expires by limitation on the date on which it is no longer required to be in effect by federal law. The executive director shall promptly certify to the legislative counsel any provision which so expires and identify the provision of federal law which causes it to expire.
Sec. 5. This act shall become effective upon passage and approval and shall operate retroactively to and including March 31, 1981.
________
Assembly Bill No. 583Assemblyman Glover
CHAPTER 338
AN ACT relating to equipment of vehicles; exempting towable tools or equipment from requirements for registration and for certain lighting fixtures; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.210 is hereby amended to read as follows:
482.210 The provisions of this chapter requiring the registration of certain vehicles do not apply to:
1. Special mobile equipment.
2. Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.
3. Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.
4. Golf carts which are:
(a) Traveling from the residence or temporary abode of the owner or operator thereof to a golf course;
(b) Traveling upon streets properly designated by the appropriate city or county as permissible for the operation of golf carts; and
(c) Operating pursuant to a permit issued in accordance with rules and regulations adopted by the appropriate city or county.
5. Mopeds.
6. Towable tools or equipment as defined in section 2 of this act.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Towable tools or equipment means all tools or equipment:
(a) Mounted on wheels;
(b) Whose body does not exceed 70 inches in width;
κ1981 Statutes of Nevada, Page 621 (CHAPTER 338, AB 583)κ
(c) Designed for towing by a motor vehicle; and
(d) Which is not designed or used primarily for the transportation of persons or property, but is only incidentally operated or moved upon a highway.
2. The term includes without limitation air compressors, concrete mixers, arc welders, tarpots, engine hoists, concrete pumps, plaster mixers, mortar mixers, grout pumps, portable conveyors, generators, log splitters, brush chippers, spray rigs, tree spades, scissor lifts, light towers, pumps, steam cleaners, sand blasters, welders, stump grinders, radial arm saws, sod cutters, aeriators, pavement rollers, and scaffolding.
Sec. 3. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.015 to 484.217, inclusive, and section 1 of this act, have the [meaning] meanings ascribed to them in [such] those sections.
Sec. 4. NRS 484.551 is hereby amended to read as follows:
484.551 1. Except as otherwise provided [by law,] in this chapter, every motor vehicle, trailer, semitrailer and any vehicle which is being drawn at the end of a train of vehicles [shall] must be equipped with at least two tail lamps mounted on the rear, which, when lighted as required by this chapter, [shall] emit a red light plainly visible from a distance of 500 feet to the rear, except that vehicles manufactured [prior to] before July 1, 1969, [shall] must have at least one tail lamp if they were originally equipped with only one tail lamp.
2. [In the case of train of vehicles, only] Only the tail lamp on the rearmost vehicle of a train of vehicles need actually be seen from the distance specified.
3. On vehicles equipped with the more than one tail lamp, the lamps [shall] must be mounted on the same level, as widely spaced laterally as practicable and at a height of not more than 72 inches nor less than 15 inches.
4. Every passenger car, bus and truck under 80 inches in overall width [shall] must be equipped with a lamp so constructed and placed as to illuminate with a white light the rear registration or license plate and render it clearly legible from a distance of 50 feet to the rear.
5. All such lamps [shall] must be wired to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
6. The provisions of this section do not apply to towable tools or equipment which is being towed during the hours of daylight.
Sec. 5. NRS 484.553 is hereby amended to read as follows:
484.553 1. [Every] Except as provided in subsection 3, every motor vehicle, trailer, semitrailer and pole trailer [shall] must carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors meeting the requirements of this section, except that vehicles of the types mentioned in NRS 484.627 [shall] must be equipped with reflectors meeting the requirements of NRS 484.565 and subsection 1 of NRS 484.567.
2. Every such reflector [shall] must be mounted on the vehicle at a height of not less than 15 inches nor more than 60 inches measured as set forth in NRS 484.547, and [shall] must be of such size and characteristics and so mounted as to be visible at night from all distances within 600 feet to 100 feet from [such] the vehicle when directly in front of lawful lower beams of head lamps, except that reflectors on vehicles manufactured or assembled [prior to] before January 1, 1970, [shall] must be visible at night from all distances within 350 feet to 100 feet when directly in front of lawful upper beams of head lamps.
κ1981 Statutes of Nevada, Page 622 (CHAPTER 338, AB 583)κ
within 600 feet to 100 feet from [such] the vehicle when directly in front of lawful lower beams of head lamps, except that reflectors on vehicles manufactured or assembled [prior to] before January 1, 1970, [shall] must be visible at night from all distances within 350 feet to 100 feet when directly in front of lawful upper beams of head lamps.
3. The provisions of this section do not apply to towable tools or equipment.
Sec. 6. NRS 484.555 is hereby amended to read as follows:
484.555 1. [Every] Except as provided in subsection 5, every motor vehicle, trailer, semitrailer and any vehicle which is being drawn at the end of a train of vehicles [shall] must be equipped with two or more stop lamps, except that any vehicle manufactured [prior to] before July 1, 1969, [shall] must have at least one stop lamp if [such] the vehicle was originally equipped with only one stop lamp.
2. Except as otherwise provided [by law,] in this chapter, such stop lamp or lamps [shall] must be on the rear of the vehicle, and if there are two or more than two [shall] must be as widely spaced laterally as practicable, and [shall] must display a red light visible from a distance of not less than 300 feet to the rear in normal sunlight, which [shall] must be activated upon application of the brake.
3. On a combination of vehicles, stop lamps on the rearmost vehicle only are required.
4. A stop lamp may be incorporated with a tail lamp.
5. The provisions of this section do not apply to towable tools or equipment.
Sec. 7. NRS 484.557 is hereby amended to read as follows:
484.557 1. [Every] Except as provided in subsection 6, every motor vehicle, trailer, semitrailer and any vehicle which is being drawn at the end of a train of vehicles [shall] must be equipped with electric turn signal lamps, except that vehicles less than 80 inches in overall width not originally equipped with electric turn signal lamps and manufactured [prior to] before July 1, 1969, are not required to be equipped with such lamps.
2. Such lamps [shall] must be located on the front and rear of any such vehicle or combination of vehicles and [shall] must indicate an intention to turn by flashing lights in the direction toward which the turn is to be made.
3. The lamps showing to the front [shall] must be mounted on the same level and as widely spaced laterally as practicable and, when signaling, [shall] must emit white or amber light, or any shade of light between white and amber.
4. The lamps showing to the rear [shall] must be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, [shall] must emit red or amber light, or any shade of light between red and amber.
5. [Such lamps shall] The lamps must be visible in normal sunlight from a distance of not less than 500 feet.
6. The provisions of this section do not apply to:
(a) Mopeds;
(b) Special mobile equipment, except when such equipment is being towed at the end of a train of vehicles; [or]
(c) Motorcycles propelled by a motor producing not more than 5 brake horsepower measured at the crankshaft and having a maximum speed not exceeding 30 miles per hour upon maximum acceleration from a standing start for 1 mile on a level surface [.]
κ1981 Statutes of Nevada, Page 623 (CHAPTER 338, AB 583)κ
brake horsepower measured at the crankshaft and having a maximum speed not exceeding 30 miles per hour upon maximum acceleration from a standing start for 1 mile on a level surface [.] ; or
(d) Towable tools or equipment.
________
Assembly Bill No. 32Assemblyman Banner
CHAPTER 339
AN ACT relating to occupational diseases; making certain employees of the department of motor vehicles eligible for compensation for heart or lung disease; and providing other matters properly relating thereto.
[Approved May 26, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 617.455 is hereby amended to read as follows:
617.455 1. Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent total disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:
(a) Employed in a full-time salaried occupation of firefighting for the benefit or safety of the public;
(b) Acting as a volunteer fireman entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070; or
(c) Employed in a full-time salaried occupation as a sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the University of Nevada System police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the [convict population] offenders imprisoned and subjects the employee to recall in emergency situations.
2. [It shall be presumed that a] A disease of the lungs [has] is presumed to have arisen out of and in the course of the employment of any fireman or law enforcement officer described in this section if, during the 12 months [prior to] before the date of the filing of a claim for compensation, [such] that fireman or law enforcement officer underwent a medical examination which was evidenced by an X-ray picture of the lungs and a written report of the medical examiner and [such] the medical examination failed to reveal any evidence of such disease.
Sec. 2. NRS 617.457 is hereby amended to read as follows:
617.457 1. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent total disability or death, [shall be considered] are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme over-exertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and in the course of the employment of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the University of Nevada System police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the [convict population] offenders imprisoned and subjects the employee to recall in emergency situations.
κ1981 Statutes of Nevada, Page 624 (CHAPTER 339, AB 32)κ
out of and in the course of the employment of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the University of Nevada System police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the [convict population] offenders imprisoned and subjects the employee to recall in emergency situations.
2. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent total disability or death, [shall be considered] are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 and who, for 5 years or more, has served continuously as a volunteer fireman and who has not reached the age of 55 years before the onset of such disease.
3. Each employee covered for diseases of the heart pursuant to the provisions of this section shall submit to an initial physical examination, including an examination of the heart, upon commencement of coverage or commencement of employment, whichever is later. Thereafter, the employee shall submit to such examinations on a regular, annual basis during his employment.
4. All physical examinations required pursuant to subsection 3 [shall] must be paid for by the employer.
5. Failure to correct predisposing physical conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination [shall exclude] excludes the employee from the benefits of this section if [such] the correction is within the ability of [such] the employee.
________
Senate Bill No. 515Committee on Finance
CHAPTER 340
AN ACT relating to the Nevada state museum; placing all personnel of the Lost City museum into the classified service of the state; and providing other matters properly relating thereto.
[Approved May 27, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 381.280 is hereby repealed.
________
κ1981 Statutes of Nevada, Page 625κ
Assembly Bill No. 483Assemblymen Malone, Schofield, Bergevin, Kovacs, Marvel, Hickey, Cafferata, Bremner, Nicholas, Westall, Mello, Dini, Glover, Thompson, Foley, Stewart, Craddock, Sader, Rhoads, Redelsperger, Rackley, DuBois, Bennett, Brady, Chaney, Rusk, Vergiels, Polish, May, Horn, Prengaman, Beyer, Hayes, Ham, Coulter, Banner, Price, Robinson, Jeffrey and Barengo
CHAPTER 341
AN ACT relating to executions of judgments and decrees; increasing the limitations on the value of property subject to exemptions; making the optional provisions of the Bankruptcy Act of 1978 which exempt certain property inapplicable in Nevada; and providing other matters properly relating thereto.
[Approved May 27, 1981]
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 its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding [$50,000] $75,000 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, 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, [1979,] 1981, 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 does not impair the right of any creditor to execute upon the property when that right existed before July 1, [1979.] 1981.
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 [$50,000,] $75,000, 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,] $75,000, 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.
κ1981 Statutes of Nevada, Page 626 (CHAPTER 341, AB 483)κ
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 [$50,000] $75,000 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] $75,000 may be received by the officer making the sale.
3. When the execution is against a husband or wife, the judge may direct the [$50,000] $75,000 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 otherwise specifically provided in this section:
(a) Private libraries not to exceed [$500] $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed [$1,000] $3,000 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] $4,500 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] $4,500 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,] and his mining claim actually worked by him, not exceeding [$1,000 in] $4,500 in total 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 for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
[(i)] (h) 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.
κ1981 Statutes of Nevada, Page 627 (CHAPTER 341, AB 483)κ
[(j)] (i) 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)] (j) 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, 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 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 and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
[(l)] (k) All 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,] $1,000, and if they exceed that sum a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the [$500] $1,000 bears to the whole annual premium paid.
[(m)] (l) The homestead as provided for by law.
[(n)] (m) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding [$50,000] $75,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article 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.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 223Committee on Transportation
CHAPTER 342
AN ACT relating to compulsory insurance; raising the minimum amount of coverage required for damage to property; and providing other matters properly relating thereto.
[Approved May 27, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 485.105 is hereby amended to read as follows:
485.105 Proof of financial responsibility means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of [such] that proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of $15,000 because of bodily injury to or death of one person in any one accident, and, subject to [such] the limit for one person, in the amount of $30,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of [$5,000] $10,000 because of injury to or destruction of property of others in any one accident.
κ1981 Statutes of Nevada, Page 628 (CHAPTER 342, AB 223)κ
because of bodily injury to or death of one person in any one accident, and, subject to [such] the limit for one person, in the amount of $30,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of [$5,000] $10,000 because of injury to or destruction of property of others in any one accident.
Sec. 2. NRS 485.210 is hereby amended to read as follows:
485.210 1. No policy or bond [shall be] is effective under NRS 485.190 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection 2 of this section, or unless [such] the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $15,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than $30,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than [$5,000] $10,000 because of injury to or destruction of property of others in any one accident.
2. No policy or bond [shall be] is effective under NRS 485.190 with respect to any vehicle which was not registered in this state or to any vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing [such] that policy or bond is authorized to do business in this state or, if the company is not authorized to do business in this state, unless it [shall execute] executes a power of attorney authorizing the director of the department of motor vehicles to accept service on its behalf of notice or process in any action upon [such] that policy or bond arising out of [such] an accident.
Sec. 3. NRS 485.304 is hereby amended to read as follows:
485.304 Judgments [herein referred to shall,] must for the purpose of this chapter only, be deemed satisfied:
1. When $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or
2. When subject to [such] the limit of $15,000 because of bodily injury to or death of one person, the sum of $50,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
3. When [$5,000] $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident,
but payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident [shall] must be credited in reduction of the amounts provided for in this section.
Sec. 4. NRS 485.3091 is hereby amended to read as follows:
485.3091 1. A motor vehicle liability policy as the term is used in this chapter means an owners or an operators policy of liability insurance issued, except as otherwise provided in NRS 485.309, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. Such an owners policy of liability insurance must:
κ1981 Statutes of Nevada, Page 629 (CHAPTER 342, AB 223)κ
(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $15,000 because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, $30,000 because of bodily injury to or death of two or more persons in any one accident, and [$5,000] $10,000 because of injury to or destruction of property of others in any one accident.
3. Such an operators policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owners policy of liability insurance.
4. Such a motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
5. Such a motor vehicle liability policy need not insure any liability under any workmens compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
6. Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy defeats or voids the policy.
(b) The satisfaction by the insured of a judgment for such injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.
(c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection 2 of this section.
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.
κ1981 Statutes of Nevada, Page 630 (CHAPTER 342, AB 223)κ
or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.
7. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term motor vehicle liability policy applies only to that part of the coverage which is required by this section.
8. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
9. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet [such] those requirements.
10. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Sec. 5. NRS 485.3095 is hereby amended to read as follows:
485.3095 1. Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him [$35,000] $40,000 in cash or securities such as may legally be purchased by savings banks or for trust funds of a market value of [$35,000.] $40,000. The state treasurer shall not accept any such deposit and issue a certificate therefor and the division shall not accept [such] that certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
2. [Such deposit shall] The deposit must be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against [such] the person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after [such] the deposit was made. Money or securities so deposited [shall not be] are not subject to attachment or execution unless [such] that attachment or execution [shall arise] arises out of a suit of damages. [as aforesaid.]
________
Senate Bill No. 9Senator Jacobsen
CHAPTER 343
AN ACT relating to property taxes; removing the statutory provision which allows counties to tax certain real estate of the State of Nevada under certain conditions; and providing other matters properly relating thereto.
[Approved May 27, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 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.
κ1981 Statutes of Nevada, Page 631 (CHAPTER 343, SB 9)κ
exempt from taxation, except real property acquired by the 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 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 it was acquired by the State of Nevada.
3. Such payments in lieu of taxes 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.
4. [After July 1, 1978, all real estate owned by the State of Nevada located in each county 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.
5.] Money received pursuant to this section 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] that year.
Sec. 2. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262, 412.154, and 475.235; and
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.125, 176.223, 177.345, 179.225 [, 213.153 and subsection 4 of NRS 361.055,] and 213.153,
but such claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 632κ
Senate Bill No. 175Senators Wilson, Gibson and Glaser
CHAPTER 344
AN ACT relating to the MX missile project; authorizing state agencies to acquire for the state title to capital improvements constructed for the project; and providing other matters properly relating thereto.
[Approved May 27, 1981]
Whereas, The MX missile project is considered to be the single largest and most expensive construction effort ever engaged in by man; and
Whereas, It is incumbent upon the State of Nevada to preserve the capital improvements of this tremendous effort for the benefit of the population of the regions affected by the construction; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The department of conservation and natural resources, the department of transportation or any other agency of the state may negotiate with the United States Air Force and other appropriate agencies of the Federal Government to acquire, without charge, title to any capital improvements, such as roads, powerlines, pipelines and wells, made for the MX missile project. Any agreement entered into pursuant to this act must provide that the division of state lands of the department holds title to the improvements on behalf of the State of Nevada, and that the United States Air Force is entitled to retain the right to use the improvements as long as they are required for military purposes.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 474Committee on Commerce
CHAPTER 345
AN ACT relating to insurance; removing the prohibition against investments in agricultural or ranch property by insurers; and providing other matters properly relating thereto.
[Approved May 27, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 682A.240 is hereby amended to read as follows:
682A.240 1. A domestic insurer may invest in real property only if used for the purposes or acquired in any manner, and within limits, set forth below:
(a) The building in which it has its principal office, the land upon which the building stands, and such other real property as may be requisite for the insurers convenient accommodation in the transaction of its business. The amount so invested, and apportioned as to space actually so occupied or used, [shall] must not aggregate more than 15 percent of the insurers assets; but the commissioner may authorize an insurer to increase the investment in such amount as he may determine if, upon proper showing made upon a hearing held by him, he finds that the 15-percent limitation is insufficient to provide reasonable and convenient accommodation for the insurers business.
κ1981 Statutes of Nevada, Page 633 (CHAPTER 345, AB 474)κ
of the insurers assets; but the commissioner may authorize an insurer to increase the investment in such amount as he may determine if, upon proper showing made upon a hearing held by him, he finds that the 15-percent limitation is insufficient to provide reasonable and convenient accommodation for the insurers business.
(b) Real property acquired in satisfaction or part payment of loans, mortgages, liens, judgments, decrees or debts previously owing to the insurer in the due course of its business.
(c) Real property acquired in part payment of the consideration on the sale of other real property owned by it, if such transaction has effected a net reduction in the insurers investments in real property.
(d) Real property acquired by gift or devise, or through merger, consolidation or bulk reinsurance of another insurer under this code.
(e) Additional real property and equipment incidental thereto, if necessary or convenient for the purpose of enhancing the sale or other value of real property previously acquired or held under this section. Such real property and equipment, together with the real property for the enhancement of which it was acquired, [shall] must be included together, for the purpose of applicable investment limits, and [shall be] is subject to disposal under NRS 682A.250 at the same time and under the same conditions as apply to such enhanced real property.
(f) Real property, or any interest therein, acquired or held by purchase, lease or otherwise, other than real property to be used primarily for [agricultural, ranch,] mining, development of oil or mineral resources, recreational, amusement, hotel, motel or club purposes, acquired as an investment for production of income, or acquired to be improved or developed for [such] investment purposes pursuant to an existing program therefor. The insurer may hold, mortgage, improve, develop, maintain, manage, lease, sell, convey and otherwise dispose of real property acquired by it under this section. An insurer shall not have at any one time invested in real property under this paragraph more than 15 percent of its assets.
2. Total investments of the insurer in real property under this section [shall] must not at any time exceed 25 percent of the insurers assets.
Sec. 2. NRS 682A.290 is hereby amended to read as follows:
682A.290 [The investment portfolio of a] 1. A foreign or alien insurer [shall be as] may make investments permitted by the laws of its domicile if its portfolio of investments is of a quality substantially equal to that required under this chapter for similar funds of like domestic insurers.
2. The provisions of this chapter do not prohibit a foreign or alien insurer from making investments in agricultural real property or ranches.
________
κ1981 Statutes of Nevada, Page 634κ
Senate Bill No. 202Committee on Commerce and Labor
CHAPTER 346
AN ACT relating to contractors; increasing the limits on fees for licenses; clarifying a provision relating to causes for disciplinary action; increasing the penalty for violating certain laws; and providing other matters properly relating thereto.
[Approved May 27, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 624.280 is hereby amended to read as follows:
624.280 The board [in its discretion is authorized to fix] may adopt regulations fixing application, examination and annual license fees to be paid by applicants and licensees, [under the terms of this chapter,] but the application and examination fee [shall] must not exceed [$100] $200 and the annual license fee [shall] must not exceed [$100] $200 per year.
Sec. 2. NRS 624.3015 is hereby amended to read as follows:
624.3015 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor beyond the scope of the license. [, by bidding]
2. Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the board.
[2.] 3. Knowingly entering into a contract with a contractor while [such] that contractor is not licensed, or bidding to contract or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.
Sec. 3. NRS 624.360 is hereby amended to read as follows:
624.360 1. Any person violating any of the provisions of this chapter [is guilty of a misdemeanor and upon conviction shall be fined not less than $50.] shall be punished:
(a) For the first offense by a fine of not less than $150 nor more than $500; or
(b) For the second or subsequent offense by a fine of not less than $300 nor more than $500,
and may be further punished by imprisonment in the county jail for not more than 6 months.
2. Imposition of the penalty provided for in this section is not precluded by any disciplinary action taken by the board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.
________
κ1981 Statutes of Nevada, Page 635κ
Senate Bill No. 386Committee on Government Affairs
CHAPTER 347
AN ACT relating to metropolitan police departments; making various changes to the law governing their organization, powers, duties and financing; and providing other matters properly relating thereto.
[Approved May 27, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 280 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Committee means a metropolitan police committee on fiscal affairs.
Sec. 3. Investigative function means those units within the department whose primary responsibility is to investigate cases to apprehend and convict criminals.
Sec. 4. Rural program of resident officers means a law enforcement program which provides police protection to a rural area as defined by a metropolitan police department, approved by the governing body of each participating political subdivision before January 1 preceding the commencement of each fiscal year.
Sec. 5. Uniformed function in the field means those operating units within the department whose primary responsibilities are to protect the public safety, respond in the first instance to disturbances and calls for service and enforce any traffic regulation.
Sec. 6. No county may merge its law enforcement agency with the law enforcement agency of any of the cities in that county to create a single law enforcement agency for the participating political subdivisions except pursuant to the provisions of this chapter.
Sec. 7. NRS 280.020 is hereby amended to read as follows:
280.020 As used in his chapter, unless the context otherwise requires, the words and terms defined in NRS 280.030 to 280.080, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 7.1. NRS 280.030 is hereby amended to read as follows:
280.030 Board means a civil service board appointed by the [police commission.] committee.
Sec. 8. NRS 280.060 is hereby amended to read as follows:
280.060 Department fund means [a metropolitan police department] any fund created in a county treasury under the provisions of NRS 280.220.
Sec. 9. NRS 280.110 is hereby amended to read as follows:
280.110 1. [The law enforcement agencies of any participating county and each participating city in such county shall merge into one metropolitan police department.
2. Any nonparticipating city may merge into an existing metropolitan police department with the consent of the police commission of such department and subject to such rules and regulations as such police commission may promulgate.] The board of county commissioners of any county and the governing body of any city or cities located in the county may merge their respective law enforcement agencies into one metropolitan police department.
κ1981 Statutes of Nevada, Page 636 (CHAPTER 347, SB 386)κ
county may merge their respective law enforcement agencies into one metropolitan police department. To do so, the board of county commissioners of the participating county and the governing body of each participating city must each adopt an ordinance providing for the merger. Except with respect to an ordinance providing for the reorganization of an existing department pursuant to the provisions of this chapter, any ordinance providing for a merger must be adopted and become effective on or before November 30 in the year preceding the commencement of the fiscal year in which the merger is to occur.
2. Any participating political subdivision may withdraw from the metropolitan police department by repealing the ordinance providing for the merger. The withdrawal must be effective at the beginning of a fiscal year and notice must be given to all other participating political subdivisions at least 6 months in advance of that date.
3. If the act or charter [of a nonparticipating city] under which a participating city is organized provides for the appointment of a chief of police and his duties of law enforcement [,] and the governing body of the city [may by ordinance provide] adopts an ordinance for the merger authorized by this section: [and:]
(a) The charter provision for appointment of a chief of police shall be deemed [repealed.] superseded as long as the ordinance providing for a merger remains in effect.
(b) The duties of law enforcement [shall] devolve upon the metropolitan police department [.] , except the duty to construct, maintain or operate any county or city jail.
4. Any nonparticipating city may, by adopting an ordinance providing for a merger, merge its law enforcement agency into an existing metropolitan police department with the unanimous consent of the committee and subject to such rules and regulations as the committee may adopt which are consistent with the provisions of this chapter.
Sec. 9.1. NRS 280.120 is hereby amended to read as follows:
280.120 Upon merger:
1. The law enforcement agencies of each participating political subdivision shall be [dissolved.] deemed superseded as long as the ordinance providing for the merger remains in effect.
2. The resulting department shall operate under the provisions of this chapter.
Sec. 10. NRS 280.130 is hereby amended to read as follows:
280.130 1. The [metropolitan police commission] committee consists of [the sheriff of the county and] two representatives from [the county and from] each participating [city.
2. The county and the largest participating city are each entitled to three representatives on the commission. Every other participating city is entitled to one representative.] political subdivision.
2. Representatives of the participating political subdivisions are not entitled to receive any additional compensation or be reimbursed by the department for any expenses incurred while serving on the committee.
3. Each representative of a participating political subdivision [shall] must be a member of its governing body [.] and serves at the pleasure of the governing body making the appointment.
4. The members of the committee shall, by majority vote, select an additional member of the committee from the general public from a list consisting of 3 persons nominated by each participating political subdivision and 3 persons nominated by the sheriff.
κ1981 Statutes of Nevada, Page 637 (CHAPTER 347, SB 386)κ
additional member of the committee from the general public from a list consisting of 3 persons nominated by each participating political subdivision and 3 persons nominated by the sheriff. That person:
(a) Must reside in the area served by the department.
(b) Shall serve until August 1 next succeeding and until his successor is selected.
(c) May succeed himself.
(d) Is entitled to receive as compensation $40 for each day of service.
(e) Is entitled to reimbursement for his necessary travel and per diem expenses in the manner provided by the committee for the reimbursement of officers and employees of the department.
5. If the members of the committee fail to agree on the additional member to be selected pursuant to subsection 4 within 30 days after their initial meeting following the merger or by August 1 of any year thereafter, the additional member of the committee must be appointed by the governor without regard to the lists submitted. The person so appointed must reside in the area served by the department.
6. At its first meeting and in August of each year thereafter, the committee shall select one of its members to act as chairman.
Sec. 11. NRS 280.150 is hereby amended to read as follows:
280.150 1. A majority of the [police commission] committee is a quorum for the transaction of business [.
2. On any question put before the police commission, the sheriff may vote only in case of a tie vote on the question.] if it includes at least one representative from each participating political subdivision.
2. Except as otherwise provided in this chapter, when a vote of the committee is required to transact business, the vote is a majority of the quorum present and voting on the matter in question.
Sec. 12. NRS 280.160 is hereby amended to read as follows:
280.160 Members of the [police commission] committee may administer all oaths or affirmations necessary in discharging the duties of their office.
Sec. 12.1. NRS 280.170 is hereby amended to read as follows:
280.170 [1. The sheriff of the county is the chairman of the commission.
2. The police commission] The committee shall employ a clerk and may employ other clerical personnel necessary to the discharge of its duties. The clerk is secretary for the [commission.] committee.
Sec. 13. NRS 280.180 is hereby amended to read as follows:
280.180 1. The [police commission] committee shall meet at least once [a month] each quarter on a regularly scheduled day and may meet more often upon the call of the chairman [.] , either on his own motion or at the request of any two members of the committee.
2. The clerk of the [police commission] committee shall give written notice of each special meeting to each member of the [police commission] committee at least 1 day before the meeting or by mailing the notice to each members place of residence in the county [.] at least 3 days before the meeting.
3. The notice [shall] must specify the time, place and purpose of the meeting. If all of the members of the [police commission] committee who did not receive notice are present at [a] the special meeting, lack of notice [shall] does not invalidate the proceedings.
κ1981 Statutes of Nevada, Page 638 (CHAPTER 347, SB 386)κ
Sec. 14. NRS 280.190 is hereby amended to read as follows:
280.190 The [police commission] committee shall:
1. [Cause to be prepared and] Direct the department to prepare and shall approve an annual operating budget for the department.
2. Submit the budget to the governing bodies of the participating political subdivisions [prior to February 1] before March 1 for funding for the following fiscal year.
3. [If there is more than one participating city, cause to be prepared] Direct the department to prepare and shall adopt the funding apportionment plan provided for in NRS 280.201 and submit the plan before January 1 to the governing bodies of the participating political subdivisions [and the department of taxation] for approval. [The Nevada tax commission has the final right of approval for the plan and shall act as an arbitrator if the local governing bodies cannot agree on the funding apportionment.] The governing bodies shall approve or reject the plan before February 1.
4. If [there is more than one participating city, cause a new funding apportionment plan to be prepared:
(a) In 1980 and every 10 years thereafter upon ascertaining the results of the national decennial census taken by the Bureau of the Census of the United States Department of Commerce;
(b) If the law enforcement agencies of additional cities are merged into an existing department; and
(c) At intervals of not less than 4 years upon request by a majority vote of each of a majority of the governing bodies of the participating political subdivisions. If only one city is participating in a department, the police commission shall prepare a new plan under the provisions of this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.] any of the governing bodies fails to approve the apportionment plan, the plan or any disputed element thereof must be submitted to an arbitration panel for resolution. The governing body of each participating political subdivision shall name one arbitrator to the panel, who must reside within this state. If this results in an even number of arbitrators, the arbitrators so named shall, by majority vote, select an additional arbitrator, who must reside within this state and who shall serve as chairman of the panel. The department shall provide such advice and technical and clerical assistance as is requested by the panel. The panel must make its decision and submit it to the participating political subdivisions before March 1. When submitted, the decision is final and binding upon the participating political subdivisions. Except as otherwise provided in this section, the provisions of the Uniform Arbitration Act contained in NRS 38.015 to 38.205, inclusive, apply.
Sec. 15. NRS 280.201 is hereby amended to read as follows:
280.201 1. [In those counties which have:
(a) Only one participating city, the county shall pay 53 percent and the city shall pay 47 percent of the total capital and operating costs of the department.
(b) More than one participating city, the governing bodies of the various participating political subdivisions shall, in determining the amounts of their respective budget items allocated to law enforcement, apportion among all the participating political subdivisions the total anticipated capital and operating costs of the department, as submitted by the police commission, on the basis of a formula which has been approved by the Nevada tax commission.
κ1981 Statutes of Nevada, Page 639 (CHAPTER 347, SB 386)κ
among all the participating political subdivisions the total anticipated capital and operating costs of the department, as submitted by the police commission, on the basis of a formula which has been approved by the Nevada tax commission.
2. This formula must take into account all meaningful factors which will produce an equitable distribution of costs among the participating political subdivisions, including but not limited to, comparative:
(a) Population statistics.
(b) Geographic extent of the participating incorporated and unincorporated areas.
(c) Transient population of each of the participating political subdivisions. The number of available hotel and motel rooms in each political subdivision may be considered in determining transient populations.
(d) Historical crime statistics.
(e) Law enforcement requirements of the respective participating political subdivisions.
For the purpose of this subsection, the population, area and facilities attributable to a county do not include the population, areas or facilities of the cities within that county.]
The funding apportionment plan must exclude the cost of:
(a) Operating and maintaining a county or a branch county jail;
(b) A rural program of resident officers, where applicable; and
(c) Any program of contract services which is totally funded by the contracting agency or entity.
The costs described in paragraphs (a) and (b) are a proper charge against the county. The capital costs of building a county or a branch county jail are the responsibility of the board of county commissioners.
2. If a department operates a program for school crossing guards, each participating political subdivision must pay the cost of operating the positions located within its jurisdiction.
3. The funding apportionment plan must apportion the anticipated costs of operating and maintaining the department, and capital costs, after deducting all anticipated revenue internally generated by the department, among the participating political subdivisions according to the formula developed by the department pursuant to this section.
4. In developing the formula, the department must divide its budget into the following functional areas:
(a) Activities which are the responsibility of any one of the participating political subdivisions.
(b) Contract services which are performed solely for another agency or entity.
(c) Administrative or supporting activities.
(d) The remaining activities, services or programs are to be allocated to those functional areas which are to be jointly funded by the participating political subdivisions.
Contract services which are performed solely for another agency or entity must each be identified as a separate functional area.
5. The department must identify the bureaus, sections, divisions and groups that are assigned to each functional area. Each functional area must be a separate accounting unit within the budget of the department for the purpose of apportioning the cost among the participating political subdivisions.
κ1981 Statutes of Nevada, Page 640 (CHAPTER 347, SB 386)κ
for the purpose of apportioning the cost among the participating political subdivisions.
6. The costs of the activities of administration or support must be allocated to the other functional areas to which they apply in the ratio that the cost of each functional area bears to the combined costs of the other functional areas.
7. The costs of each functional area which is to be jointly funded, including the administrative and support costs allocated in accordance with subsection 6, must be apportioned among the participating political subdivisions as follows:
(a) The cost of uniformed functions in the field must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the permanent population of the participating political subdivisions, as determined annually by the governor, the total number of calls for service which were dispatched by the department in each participating political subdivision, excluding:
(1) Calls for service with respect to felony crimes;
(2) Calls for service originating in those areas which were served by a rural program of resident officers; and
(3) Calls for service originating from a program of contract services which is totally funded by the contracting agency or entity,
and the total number of felonies which were reported in each participating political subdivision, excluding reports of felonies originating from a rural program of resident officers or a program of contract services. The number of calls for service and the number of felonies reported must have been made during the 12 months preceding December 1 of the current fiscal year.
(b) The cost of the investigative function must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the total number of felonies which were reported in each participating political subdivision during the 12 months preceding December 1 of the current fiscal year.
8. For the purpose of subsection 7, the population attributable to a county does not include the population of the cities within that county or the population of those areas within that county which are served by a rural program of resident officers.
9. The department shall maintain all of the statistics necessary to effectuate the funding apportionment plan and shall maintain accurate records in support of the determination required in order to comply with this section.
10. If, in the initial year of the merger, the statistics necessary to determine the funding apportionment plan for the remainder of that year are incomplete, the department shall prepare a funding apportionment plan for the remainder of that year based upon the most accurate statistics available, and apply it as closely as possible in the manner prescribed in this section. The fact that a budget, a funding apportionment plan and a rural program of resident officers are not prepared and submitted when due does not invalidate any of them.
Sec. 16. NRS 280.220 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 641 (CHAPTER 347, SB 386)κ
280.220 Upon merger, the county auditor or county comptroller of a county which has a department shall:
1. Create [a metropolitan police department fund] in the county treasury one or more funds and accounts within those funds, pursuant to the provisions of NRS 354.470 to 354.626, inclusive, as the department may request, for the exclusive use of the department.
2. Receive all money from the county, participating cities and any other source on behalf of the department and deposit the money in the appropriate department fund.
3. Receive all money collected by the department for any purpose, except criminal and civil fines, and deposit the money in the appropriate department fund.
4. Issue warrants against [the] a department fund in the manner provided in this chapter.
5. Credit any interest earned on money held in a department fund to any such fund designated by the department.
6. Retain in each department fund any balances remaining at the end of each fiscal year.
Sec. 16.1. NRS 280.230 is hereby amended to read as follows:
280.230 The [police commission] committee may examine and audit the accounts of all officers [having] responsible for the care, management, collection or disbursement of any money belonging to the department or appropriated by law or otherwise, for its use and benefit.
Sec. 16.2. NRS 280.240 is hereby amended to read as follows:
280.240 The [police commission] committee shall examine, settle and allow all accounts legally chargeable against the department.
Sec. 17. NRS 280.250 is hereby amended to read as follows:
280.250 1. Every demand against a department, except a demand for the sheriffs salary, a contested claim or demand or a demand required by [a police commission] the committee to be submitted to it, after the demand is approved and signed by the sheriff or his designee, must be listed on a cumulative voucher sheet.
2. If the county auditor or comptroller allows the demand, he shall endorse upon the voucher the word allowed, the name of the departments fund and the date of the allowance and shall sign his name thereto and draw his warrant on the county treasurer for the amount allowed.
3. The county auditor or comptroller and the county treasurer must sign the cumulative voucher sheets and the warrants. The county treasurer shall send a signed copy of the cumulative voucher sheets to the [police commission.] committee.
4. A majority of the members of the [police commission] committee must approve a contested claim or a demand required to be submitted to the [commission] committee before such a demand is paid from the departments fund. A contested demand must be paid as provided in NRS 280.260.
Sec. 18. NRS 280.260 is hereby amended to read as follows:
280.260 1. If the county auditor or comptroller refuses to allow the payment of any demand, the demand must be presented to the [police commission] committee with the refusal of the county auditor or comptroller endorsed thereupon and his reasons for the refusal.
κ1981 Statutes of Nevada, Page 642 (CHAPTER 347, SB 386)κ
2. If the [police commission,] committee, by a unanimous vote of all its members, orders the issuance of a warrant in such a case, the county auditor or comptroller shall immediately issue the warrant upon service upon him of a copy of the [police commissions] committees order on which the secretary of the [commission] committee has certified that all its members voted for passage; otherwise, the demand must be declared rejected, and no warrant may thereupon issue.
3. If the county auditor or comptroller allows such a demand in part, a warrant may be issued only for that part unless the [police commission] committee allows a greater sum by a unanimous vote [.] of its members.
4. No warrant may be drawn by the county auditor or comptroller on a departments fund unless there is sufficient money in the fund to pay the warrant. Any warrant drawn contrary to the provisions of this subsection is void.
Sec. 19. NRS 280.280 is hereby amended to read as follows:
280.280 1. Upon the formation of a department, every power and duty conferred or imposed by law upon a county sheriff which relates to law enforcement, and upon a chief of police or police department of any participating city, devolves automatically upon the department. After the formation of a department, contracts to furnish police services [shall] must be made with the department and not with a participating political subdivision.
2. The department may, upon the approval of the committee and in compliance with chapter 332 of NRS, enter into contracts to purchase goods and services necessary to operate and maintain the department.
3. The department may sue or be sued in its own name with respect to any contract it is permitted by law to enter.
4. The department is responsible for the defense of any claim and for any judgment arising out of any act or omission to act on the part of the committee, the sheriff, or any officer, employee or agent of the department, for which a political subdivision of the state may be held responsible pursuant to NRS 41.0305 to 41.039, inclusive. The department may sue or be sued with regard to these matters.
5. The department may:
(a) Insure itself against any liability arising under subsection 4.
(b) Insure the members of the committee, the sheriff, and any of its officers, employees and agents against tort liability resulting from an act or an omission to act in the scope of his duties or employment.
(c) Insure against the expense of defending a claim against itself, the committee, the sheriff or any of its officers, employees or agents whether or not liability exists on the claim.
Sec. 19.1. NRS 280.305 is hereby amended to read as follows:
280.305 1. The [police commission] committee may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any [department] police officer of the department who is disabled, to any degree, by an injury arising out of and in the course of his employment. The cost of [such] the plan or program may be charged, in whole or in part, against the annual operating budget for the department.
κ1981 Statutes of Nevada, Page 643 (CHAPTER 347, SB 386)κ
2. The [police commission] committee may adopt rules, [regulations,] policies and procedures necessary to establish and administer the plan or program specified in subsection 1.
3. If the [police commission] committee elects to consider implementation of a plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with [the commission] :
(a) The committee or two or more persons designated by it; and
(b) The sheriff or a person designated by him,
concerning the nature and extent of [such] the plan, program or change. Chapter 288 of NRS [shall apply] applies to negotiations for this purpose.
4. The plan or program authorized by this section [shall] must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapter 616 of NRS.
5. The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event [shall] may the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public [moneys,] money, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.
Sec. 19.2. NRS 280.310 is hereby amended to read as follows:
280.310 1. Each department shall have a system of civil service, applicable to and governing all employees of the department except elected officers and such other positions as designated by the [police commission.] committee.
2. The system of civil service must be governed by a board composed of five civil service trustees appointed by the [police commission.] committee. Upon creation of the board, the [police commission] committee shall appoint one trustee for a term of 2 years, two trustees for terms of 3 years and two trustees for terms of 4 years. Thereafter all trustees serve for terms of 4 years.
3. The members of the board may administer any oath or affirmation necessary in discharging its duties. The board may issue subpenas in the discharge of its duties in the same manner as a subpena is issued in a civil action.
4. The board shall prepare [rules or] regulations governing the system of civil service to be adopted by the [police commission.] committee. The [rules or] regulations must provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions;
(d) Procedures for promotion, disciplinary actions and removal of employees; and
(e) Such other matters as the board may consider necessary.
[4.] 5. Copies of the [rules or] regulations of the system of civil service must be distributed to all employees of the department.
κ1981 Statutes of Nevada, Page 644 (CHAPTER 347, SB 386)κ
[5.] 6. The sheriff shall designate a personnel officer to administer the personnel functions of the department according to the policies [, rules or regulations] and regulations of the board, including but not limited to the items enumerated in subsection [3.] 4.
Sec. 19.3. NRS 280.320 is hereby amended to read as follows:
280.320 1. A department is a local government employer for the purpose of the Local Government Employee-Management Relations Act [.] and a public employer for the purpose of the Public Employees Retirement Act.
2. [The police commission for such department shall represent a department in] In negotiations arising under the provisions of chapter 288 of NRS [.] :
(a) The committee or two or more persons designated by it; and
(b) The sheriff or a person designated by him,
shall represent the department.
Sec. 20. NRS 280.340 is hereby amended to read as follows:
280.340 1. Upon merger, the title to and possession of all personal property which is:
(a) Owned or held by, or in trust for, any of the participating political subdivisions, or by their officers or agencies in trust for public use; and
(b) Exclusively devoted at the time of merger to the [uses and] purposes of law enforcement,
shall be vested in and transferred to the department.
2. Property which is required to be transferred under the provisions of this section [shall] must be inventoried and appraised before [such] the transfer in a manner which satisfies the accounting requirements of each participating political subdivision, in order that values may be determined as of the date of transfer.
3. The department shall hold title to all personal property it acquires after the time of merger.
4. To acquire personal property, the department may, upon the approval of the committee and by the unanimous vote of the members of the governing body of each participating political subdivision, issue negotiable notes in the amount of the purchase price thereof, which:
(a) Mature not later than 5 years from the date of issuance; and
(b) Bear interest at a rate not to exceed 12 percent per annum.
5. Each participating political subdivision shall provide in its annual budget for the payment of the principal and interest on the negotiable notes according to the funding apportionment plan established pursuant to NRS 280.201 for the fiscal year in which the negotiable notes were issued.
6. If a participating political subdivision gives notice of its intention to withdraw from the department, any personal property held by, for the use and benefit of or in trust for the department must be immediately inventoried and appraised. The withdrawing political subdivision is entitled to receive its share of the value of the personal property, in cash or in kind, or both, or in such other manner as determined by the committee, based upon the average of:
(a) The proportion that its total contribution of personal property to the department bears to the total contributions of personal property of all participating political subdivisions since the time of merger; and
κ1981 Statutes of Nevada, Page 645 (CHAPTER 347, SB 386)κ
(b) The proportion that its total budgetary contribution to the department bears to the total budgetary contributions of all participating political subdivisions since the time of merger.
7. Upon withdrawal from the department, a political subdivision becomes obligated for the payment of its share of the unpaid balance of any negotiable note issued by the department pursuant to subsection 4, determined in accordance with the funding apportionment plan established pursuant to NRS 280.201 for the fiscal year in which the negotiable note was issued. The department, or if there are only two participating political subdivisions before the effective date of the withdrawal the other political subdivision, becomes obligated for the payment of the remainder of the unpaid balance.
Sec. 21. NRS 280.350 is hereby amended to read as follows:
280.350 1. Upon merger, the department may possess all real property owned or held by any of the participating political subdivisions for the [uses and] purposes of law enforcement [.] at the time of adoption of the ordinance providing for the merger.
2. Upon a showing of good cause and a [two-thirds] majority vote of the [police commission,] committee, the political subdivision which holds title to such property may repossess [such] the property for public use if the department no longer needs [such property for law enforcement purposes.] it for the purposes of law enforcement.
3. [Any jail facility owned or held for and used by a department shall be deemed a county jail for the purpose of state law and county ordinances and a city jail for the purpose of city ordinances.
4.] The maintenance costs for any real property [owned or] held for the use and benefit of or in trust for a department [shall] must be paid by the department.
4. The department may, upon the approval of the committee, lease or rent real property for the purposes of law enforcement.
5. If a participating political subdivision gives notice of its intention to withdraw from the department:
(a) The right to possess any real property, the possession of which passed to the department by operation of this section and the title to which remains in the withdrawing political subdivision, reverts to the withdrawing political subdivision upon the effective date of the withdrawal.
(b) Real property which was acquired for the use and benefit of or in trust for the department after the merger must immediately be inventoried and appraised. The withdrawing political subdivision is entitled to receive its share of the value of each parcel of real property, with improvements thereon, in cash or in kind, or both, or in such other manner as determined by the committee, in the proportion that its total budgetary contribution to the department during the fiscal year or years the parcel was acquired and improved bears to the total budgetary contributions of all participating political subdivisions during that time.
Sec. 22. NRS 277.045 is hereby amended to read as follows:
277.045 1. [Any] Except as limited by section 6 of this act, any two or more political subdivisions of this state, including without limitation counties, incorporated cities and towns, unincorporated towns, school districts and special districts, may enter into a cooperative agreement for the performance of any governmental function.
κ1981 Statutes of Nevada, Page 646 (CHAPTER 347, SB 386)κ
the performance of any governmental function. Such an agreement may include the furnishing or exchange of personnel, equipment, property or facilities of any kind, or the payment of money.
2. Every such agreement [shall] must be by formal resolution or ordinance of the governing body of each political subdivision included, and [shall] must be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.
3. Each participating political subdivision shall provide in its annual budget for any expense to be incurred under any such agreement, the [funds] money for which is not made available through grant, gift or other source.
Sec. 23. NRS 277.110 is hereby amended to read as follows:
277.110 Except as limited by section 6 of this act:
1. Any power, privilege or authority exercised or capable of exercise by a public agency of this state, including but not limited to law enforcement, may be exercised jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this state when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by NRS 277.080 to 277.180, inclusive, upon a public agency.
2. Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of NRS 277.080 to 277.170, inclusive. [Such agreements shall be] Those agreements become effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies.
Sec. 23.1. Chapter 211 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In a county in which a metropolitan police department is established, the governing body of any participating city may appoint a person to administer its jail.
Sec. 24. NRS 211.010 is hereby amended to read as follows:
211.010 [Except as otherwise provided in this section,] At least one common jail [shall] must be built or provided in each county, and maintained in good repair at the expense of the county. [In a county where a metropolitan police department is established, the expense of providing and maintaining the jail shall be apportioned among the participating political subdivisions as other expenses of the department are apportioned.]
Sec. 25. NRS 211.020 is hereby amended to read as follows:
211.020 The board of county commissioners [or metropolitan police commission shall:
1. Have the care of] 1. Is responsible for building, inspecting and repairing [such jail.] any county or branch county jail located in its county.
2. Once every 3 months, shall inquire into [the state thereof, as respects] the security [thereof] of the jail and the treatment and condition of the prisoners.
κ1981 Statutes of Nevada, Page 647 (CHAPTER 347, SB 386)κ
3. [Take] Shall take all necessary precautions against escape, sickness or infection.
Sec. 26. NRS 211.030 is hereby amended to read as follows:
211.030 1. The sheriff [has the custody] is the custodian of the jail in his county, and of the prisoners therein, and shall keep the jail personally, or by his deputy, or by a jailer or jailers appointed by him for that purpose, for whose acts he is responsible.
2. [The board of county commissioners or metropolitan police commission shall allow, out of the county treasury, as in other cases provided, a fair and adequate monthly compensation for the services of all] All jailers employed or appointed by the sheriff [.] are entitled to receive a fair and adequate monthly compensation, to be paid out of the county treasury, for their services.
Sec. 27. NRS 211.040 is hereby amended to read as follows:
211.040 1. Payment of expenses and the method of transporting a prisoner from a county jail to an institution of the department of prisons [shall] must be as provided in chapter 209 of NRS. When a prisoner is transferred form the county jail to such an institution, the sheriff shall provide the director of the department of prisons with a written report pertaining to the medical, psychiatric, behavioral or criminal aspects of the prisoners history. This report may be based upon observations of the prisoner while confined in the county jail and [shall] must note in particular any medication or medical treatment administered in the jail, including the type, dosage and frequency of administration.
2. Except as provided in subsection 1, the sheriff, personally or by his deputy, or by one or more of his jailers, shall transfer all prisoners within his county to whatever place of imprisonment the sentence of the court may require, at as early a date after the sentence as practicable. For that purpose the board of county commissioners [or metropolitan police commission] shall pay all necessary costs, charges and expenses of the prisoner or prisoners, and of the officer or officers having charge thereof, to which [shall] must be added mileage for each officer, at the rate of 20 cents per mile, one way only.
3. The provisions of subsection 2 apply in cases where prisoners are taken from county jails to be tried [at] in any courts in other counties.
Sec. 28. NRS 211.050 is hereby amended to read as follows:
211.050 Any sheriff or jailer who defrauds a prisoner of his allowance, or does not allow a reasonable allowance and accommodation, [shall forfeit] forfeits $50 for each offense. The money may be recovered in an appropriate civil action by the board of country commissions. [or the metropolitan police commission.]
Sec. 29. NRS 211.090 is hereby amended to read as follows:
211.090 1. A board of county commissioners [or metropolitan police commission] may establish a branch county jail in any township in the county except the township containing the county seat, if in its judgment the public needs require it, and provide that persons charged with or convicted of a misdemeanor in the township mentioned in the order must be imprisoned in the branch county jail instead of in the county jail at the county seat.
2. Any judge or justice of the peace before whom a conviction may be had may order that a prisoner be imprisoned in the county jail of the county wherein such conviction may be had if the public safety or the safety of such prisoner requires it.
κ1981 Statutes of Nevada, Page 648 (CHAPTER 347, SB 386)κ
be had may order that a prisoner be imprisoned in the county jail of the county wherein such conviction may be had if the public safety or the safety of such prisoner requires it.
Sec. 30. NRS 211.110 is hereby amended to read as follows:
211.110 The board of county commissioners [or the metropolitan police commission] may direct the jailer of such branch county jail to work the prisoners on the public roads of the county where the branch county jail is located.
Sec. 31. NRS 211.120 is hereby amended to read as follows:
211.120 The board of county commissioners [or metropolitan police commission in a county,] and the governing body of an incorporated city, shall make all necessary arrangements, as provided in NRS 211.120 to 211.170, inclusive, to utilize the labor of the prisoners committed to any jails within any county, city, or town within this state, for a term of imprisonment by the judges of the several district courts within this state, or the justices of the peace in any [and all] townships throughout this state.
Sec. 32. NRS 211.140 is hereby amended to read as follows:
211.140 1. The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state have charge and control over all prisoners committed to their respective city and town jails.
2. The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are at all times kept at labor on the public works in their respective counties, cities and towns, at least 6 hours a day during 6 days of the week, when the weather permits when required by the board of county commissioners, [or metropolitan police commission,] by the [mayor and board of aldermen] governing body of their respective cities or by the board of trustees of their respective towns.
3. Public works as used in NRS 211.120 to 211.170, inclusive, means the construction, repair, or cleaning of any streets, road, sidewalks, public square, park, building, cutting away hills, grading, putting in sewers, or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby.
4. The sheriff, chief of police or town marshal shall arrange for the administration of such medical care as may be required by prisoners committed to his custody. The county, city or town [, or the metropolitan police department where one exists,] shall pay the cost of appropriate medical:
(a) Treatment for injuries incurred by a prisoner during his arrest for the commission of a public offense or while he is in custody;
(b) Treatment for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and
(c) Examinations required by law or by court order unless the order otherwise provides.
5. A prisoner shall pay the cost of medical treatment for:
(a) Injuries incurred by the prisoner during his commission of a public offense;
κ1981 Statutes of Nevada, Page 649 (CHAPTER 347, SB 386)κ
(b) Injuries or illnesses which existed before the prisoner was taken into custody;
(c) Self-inflicted injuries; and
(d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.
6. A health and care facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.
Sec. 33. 1. NRS 211.100, 280.070, 280.100 and 280.141 are hereby repealed.
2. NRS 280.210 is hereby repealed.
Sec. 34. In any county in which there is an existing metropolitan police department, the rights, duties and obligations of the existing department devolve upon the new department if the department is reorganized pursuant to this act.
Sec. 35. 1. The provisions of this act govern the operation of any metropolitan police department which is in existence on the effective date of this act until September 1, 1981.
2. The cost of operating an existing metropolitan police department for any period before the time that a metropolitan police committee on fiscal affairs begins to function and has approved an operating budget and a funding apportionment plan for the department must be allocated among the participating political subdivisions on the basis of the funding apportionment plan in existence on the effective date of this act, as applied to the combined amount appropriated for law enforcement in the final budgets submitted by the participating political subdivisions for the fiscal year in which the merger occurs.
3. If the contribution by any participating political subdivision to the cost of operating the existing metropolitan police department exceeds the amount that its contribution should have been during that period, based upon the operating budget and funding apportionment plan as approved by the metropolitan police committee on fiscal affairs, that political subdivision must be credited with the amount of the excess against its total contribution for the remainder of that fiscal year.
Sec. 36. The jail located in the city hall complex of the City of Las Vegas reverts to the ownership and control of that city on July 1, 1981 and from that date the City of Las Vegas is responsible for all costs of operating and maintaining its jail, and the cost of any capital improvements thereto.
Sec. 37. If putting this act into effect necessitates the transfer of a function of a metropolitan police department which is in existence on July 1, 1981, from the department to a participating political subdivision, the participating political subdivision may contract with the department to furnish the necessary employees until the transfer is effected or the need for the employees is otherwise resolved.
Sec. 38. If putting this act into effect results in an increase in the contribution of any political subdivision to the cost of operating a metropolitan police department which is in existence on the effective date of this act or to the cost of operating and maintaining the detention facilities of the department or the political subdivision, the legislature hereby declares that the increase is the type of expense referred to in subsection 5 of section 3 of Chapter 150, Statutes of Nevada 1981.
κ1981 Statutes of Nevada, Page 650 (CHAPTER 347, SB 386)κ
this act or to the cost of operating and maintaining the detention facilities of the department or the political subdivision, the legislature hereby declares that the increase is the type of expense referred to in subsection 5 of section 3 of Chapter 150, Statutes of Nevada 1981.
Sec. 39. This section and sections 2, 10, 14 to 16, inclusive, 35 and subsection 2 of section 33 of this act shall become effective upon passage and approval.
________
Assembly Bill No. 253Assemblyman Malone
CHAPTER 348
AN ACT relating to emergency radio communications; providing penalties for interrupting those communications; and providing other matters properly relating thereto.
[Approved May 27, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section emergency means a situation in which a natural person is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.
2. Except as provided in subsection 3, any person who intentionally, knowingly, recklessly or with criminal negligence interrupts, impedes or otherwise interferes with the transmission of a communication over a radio channel assigned to the citizens radio service, the purpose of which is to inform or inquire about an emergency, is guilty of a misdemeanor.
3. If any person suffers serious bodily injury or if property damage in excess of $1,000 occurs as a result of a violation of the provisions of subsection 2, the offender is guilty of a gross misdemeanor.
4. A person is presumed to have intentionally, knowingly or with criminal negligence interrupted, impeded or interfered with a transmission if he:
(a) Interrupted, impeded or interfered with the transmission of a communication on a channel which was dedicated to use for emergency communications; or
(b) Operated equipment capable, by itself or with a linear amplifier, of producing power which exceeds limits set by a regulation of the Federal Communications Commission.
________
κ1981 Statutes of Nevada, Page 651κ
Assembly Bill No. 397Committee on Ways and Means
CHAPTER 349
AN ACT authorizing the state public defender to collect certain amounts from the counties for the use of his services; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state public defender may collect not more than the following amounts from the counties for use of his services.
For the fiscal year For the fiscal year
ending June 30, ending June 30,
1982 1983
CARSON CITY........................................................ $79,822.80 $84,977.60
CHURCHILL COUNTY.......................................... 31,929.12 33,991.04
DOUGLAS COUNTY............................................. 71,840.52 76,479.84
ESMERALDA COUNTY....................................... 7,982.28 8,497.76
EUREKA COUNTY................................................ 7,982.28 8,497.76
HUMBOLDT COUNTY......................................... 39,911.40 42,488.80
LANDER COUNTY................................................ 19,955.70 21,244.40
LINCOLN COUNTY............................................... 11,973.42 12,746.64
LYON COUNTY...................................................... 43,902.54 46,737.68
MINERAL COUNTY.............................................. 19,955.70 21,244.40
NYE COUNTY......................................................... 19,955.70 21,244.40
PERSHING COUNTY............................................. 19,955.70 21,244.40
STOREY COUNTY................................................. 7,982.28 8,497.76
WHITE PINE COUNTY......................................... 15,964.56 16,995.52
________
Assembly Bill No. 418Assemblymen Hickey, Schofield, Price, Banner, Malone, Bremner, Kovacs, Marvel, Polish, Vergiels, Rackley, Rhoads, Prengaman, Horn, Westall, Mello and Dini
CHAPTER 350
AN ACT relating to crimes and punishments; increasing the maximum fines for misdemeanors and gross misdemeanors; enlarging the jurisdiction of justices of the peace and police judges; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 193.120 is hereby amended to read as follows:
193.120 1. A crime is an act or omission forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline.
2. Every crime which may be punished by death or by imprisonment in the state prison is a felony.
κ1981 Statutes of Nevada, Page 652 (CHAPTER 350, AB 418)κ
3. Every crime punishable by a fine of not more than [$500,] $1,000, or by imprisonment in a county jail for not more than 6 months, is a misdemeanor.
4. Every other crime is a gross misdemeanor.
Sec. 2. NRS 193.140 is hereby amended to read as follows:
193.140 Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than [$1,000,] $2,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed a different penalty.
Sec. 3. NRS 193.150 is hereby amended to read as follows:
193.150 1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than [$500,] $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, if the convicted person agrees, he may be sentenced to perform a fixed period of work for the benefit of the community under the conditions prescribed in section 1 of [this act.] Senate Bill No. 13 of the 61st session of the Nevada legislature.
Sec. 4. NRS 193.160 is hereby amended to read as follows:
193.160 In all cases where a corporation is convicted of an offense for the commission of which a natural person would be punishable as for a misdemeanor, and there is no other punishment prescribed by law, [such] the corporation is punishable by a fine not exceeding [$500.] $1,000.
Sec. 5. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts [which are already established, or which may hereafter be established in any incorporated city of this state, shall] have jurisdiction:
(a) Of an action or proceeding for the violation of any ordinance of their respective cities.
(b) Of an action or proceeding to prevent or abate a nuisance within the limits of their respective cities.
(c) Of proceedings respecting vagrants and disorderly persons.
2. The municipal courts [already established, or which may hereafter be established, shall also] have jurisdiction of the following public offenses committed in their respective cities:
(a) Petit larceny.
(b) Assault and battery, not charged to have been committed upon a public officer in the execution of his duties, or with intent to kill.
(c) Breaches of peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding [$500,] $1,000, or imprisonment not exceeding 6 months, or by both [such] fine and imprisonment.
Sec. 6. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 653κ
Assembly Bill No. 499Committee on Ways and Means
CHAPTER 351
AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources for the refurbishment of certain buildings of the Nevada mental health institute; and providing other matters properly relating thereto.
[Approved May 28, 1981]
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 mental hygiene and mental retardation division of the department of human resources the sum of $105,012 for the refurbishment of certain buildings of the Nevada mental health institute.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 500Committee on Ways and Means
CHAPTER 352
AN ACT making an appropriation to the department of prisons for equipment for vocational education at the southern Nevada correctional center; and providing other matters properly relating thereto.
[Approved May 28, 1981]
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 $25,500 for equipment for programs of vocational education at the southern Nevada correctional center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 654κ
Assembly Bill No. 509Assemblymen Westall and Mello
CHAPTER 353
AN ACT to amend an act entitled An Act creating the Airport Authority of Washoe County; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of the City of Reno to the authority; providing penalties; and providing other matters properly relating thereto, approved May 12, 1977, as amended.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act, being chapter 474, Statutes of Nevada 1977, at page 970, is hereby amended to read as follows:
Sec. 7. 1. The board shall choose one of its members as chairman and one of its members as vice chairman, and shall elect a secretary and treasurer, who may be members of the board. The secretary and the treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.
2. Chairmen must be selected from trustees appointed by the participating local governments in the following order:
(a) The City of Reno;
(b) The City of Sparks; and
(c) Washoe County.
[2.] 3. The secretary shall keep, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The minute book and records [shall] must be open to the inspection of all interested persons, at all reasonable times and places.
[3.] 4. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the authority. He shall file with the county clerk, at authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his duties.
________
κ1981 Statutes of Nevada, Page 655κ
Assembly Bill No. 520Committee on Government Affairs
CHAPTER 354
AN ACT relating to state officers and employees; providing broader authority for making voluntary payroll deductions; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any officer of the state, except the legislative fiscal officer, who disburses money in payment of salaries and wages of officers and employees of the state may, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:
1. Charitable organizations;
2. Employee credit unions;
3. Insurers, if the committee on group insurance has approved the request;
4. The United States for the purchase of savings bonds and similar obligations of the United States; and
5. Employee organizations and labor organizations.
The state controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the executive department.
Sec. 2. NRS 227.130 is hereby amended to read as follows:
227.130 1. The state controller shall withhold from each claimants pay the amounts specified in the revenue act of the United States as is now in force and such amounts as may hereafter be further specified by additional enactments of Congress, and transmit such amounts deducted to the Internal Revenue Service of the United States Department of the Treasury.
2. [The state controller may provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deduction for officers and employees of the state government who make written requests for such deductions and purchases. For the purpose of allowing any and all state officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States Savings Bonds or similar United States obligations, the state controller shall provide forms authorizing the deductions and purchases and shall make them readily available to all state officers and employees.
3. The state controller may withhold from a claimants pay such amount as the claimant specifies in writing for payment to his employee organization or credit union, and the controller shall transmit any money withheld pursuant to this subsection to the employee organization or credit union. The state controller shall adopt regulations establishing standards and procedures necessary to carry out the provisions of this subsection.
4.] All transactions relating to the paying of the salaries of employees and related payroll costs which are handled by the state controller must be accounted for in the state payroll trust fund, which is hereby created.
κ1981 Statutes of Nevada, Page 656 (CHAPTER 354, AB 520)κ
must be accounted for in the state payroll trust fund, which is hereby created.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Assembly Bill No. 636Committee on Transportation
CHAPTER 355
AN ACT relating to the registration of vehicles; revising statutory provisions for the issuance of special license plates to Congressmen; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.370 is hereby amended to read as follows:
482.370 1. The department shall furnish to each United States Senator [and Representative] a special license plate or plates showing on the face thereof, U.S.S. 1, in the case of the senior Senator, U.S.S. 2, in the case of the junior [Senator, and M.C. 1, in the case of the Representative.] Senator.
2. The department shall furnish to United States Representatives suitably distinctive plates.
3. The department shall issue [the licenses described to the United States Senators and Representative] plates under this section on the payment of the license fees as authorized by law.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 639Committee on Ways and Means
CHAPTER 356
AN ACT making an appropriation to the Nevada racing commission for the support of the Henderson track; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the Nevada racing commission the sum of $34,545 for the support of the Henderson track.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1981 Statutes of Nevada, Page 657 (CHAPTER 356, AB 639)κ
and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 647Committee on Ways and Means
CHAPTER 357
AN ACT relating to state museums; enlarging the joint board of museums and history; correcting a reference to the board of trustees of the Nevada state museum; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 381.002 is hereby amended to read as follows:
381.002 1. The joint board of museums and history, consisting of [seven] eleven members appointed by the governor, is hereby created.
2. The governor shall appoint as members of the joint board:
(a) [Three] Five persons who are members of the Nevada state museum; one of whom must be familiar with the Lost City museum;
(b) [Three] Five persons who are members 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.] for state officers and employees.
5. The joint board shall establish nonadministrative policies for the department of museums and history, the Nevada state museum and the Nevada historical society.
Sec. 2. NRS 206.320 is hereby amended to read as follows:
206.320 1. The [board of trustees of the Nevada state museum shall have the power and authority,] joint board of museums and history may, by itself or by its designated representative, [to] post or otherwise properly designate a petrified wood site deemed of sufficient importance to preserve in its natural state.
2. It shall be unlawful to disturb or remove from such a site any petrified wood.
3. Any violation of this section is a misdemeanor.
4. The division of state parks of the state department of conservation and natural resources, and personnel thereof, the sheriffs, in their respective counties, and all other peace officers [shall be] are charged with the enforcement of this section.
κ1981 Statutes of Nevada, Page 658 (CHAPTER 357, AB 647)κ
Sec. 3. Of the new members to be appointed to the joint board of museums and history, the governor shall appoint:
1. One member of the Nevada state museum and one member of the Nevada historical society to terms ending on June 30, 1983.
2. One member of the Nevada state museum and one member of the Nevada historical society to terms ending on June 30, 1984.
________
Senate Bill No. 164Senators Jacobsen and Getto
CHAPTER 358
AN ACT relating to the development of geothermal resources; providing for their administration and utilization; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, all such water may be appropriated for beneficial use as provided in this chapter and not otherwise.
2. The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.
3. The use of groundwater for its energy, including heat and pressure, is a beneficial use of the groundwater, whether it is accomplished through an actual diversion, for which a water right must be obtained, or a process which is not diversionary but extracts heat, for which a water right may be obtained to protect utilization of the energy produced by groundwater.
Sec. 2. NRS 534.010 is hereby amended to read as follows:
534.010 1. As used in this chapter:
(a) Aquifer means a geological formation or structure that transmits water.
(b) Artesian well means a well tapping an aquifer underlying an impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
(c) Domestic use extends to culinary and household purposes, in a single-family dwelling, the watering of a family garden, lawn, and the watering of domestic animals. The term also includes the use of geothermal resources for domestic heating purposes.
(d) Percolating waters are underground waters, the course and boundaries of which are incapable of determination.
(e) Person [shall be interpreted to mean] means any individual, firm, partnership, association, company or corporation, municipal corporation, power district, political subdivision of this or any state, or a United States Government agency.
(f) Waste is defined as causing, suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
κ1981 Statutes of Nevada, Page 659 (CHAPTER 358, SB 164)κ
ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
(g) Well driller means any person who [shall drill] drills a well or wells, for compensation or otherwise.
(h) Well drilling or drilling a well are synonymous, and [constitute] mean drilling or boring new wells, placing casing in wells, cleaning and repairing existing wells, cementing wells and doing all other things normally associated with the construction or rehabilitation of wells.
2. As used in this chapter, the terms underground water and ground water are synonymous.
Sec. 3. NRS 534.050 is hereby amended to read as follows:
534.050 1. Except as provided in subsection 2, every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in this chapter, shall first make application to and obtain from the state engineer a permit to appropriate [such] the water, in accordance with the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.
2. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 1 for exploratory wells to be drilled to determine the availability of water or the quality of available water.
3. In other basins or portions [therein] of basins which have not been designated by the state engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any [legal] diversion of water [can] may be made from the well, the appropriator must make application to and obtain from the state engineer, in accordance with the provisions of chapter 533 of NRS, a permit to appropriate the water.
4. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 3, to allow use of water in constructing a highway [.] or in drilling a well for gas, oil or geothermal steam or hot water.
5. Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.
Sec. 4. NRS 534A.010 is hereby amended to read as follows:
534A.010 As used in this chapter, unless the context otherwise requires, geothermal resource means [heat or other associated geothermal energy found beneath the surface of the earth.] the natural heat of the earth and the energy associated with that natural heat, pressure and all dissolved or entrained minerals that may be obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.
Sec. 5. NRS 322.005 is hereby amended to read as follows:
322.005 As used in this chapter, geothermal resource means [heat or other associated geothermal energy found beneath the surface of the earth.] the natural heat of the earth and the energy associated with that natural heat, pressure and all dissolved or entrained minerals that may be obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.
κ1981 Statutes of Nevada, Page 660 (CHAPTER 358, SB 164)κ
obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.
Sec. 6. NRS 361.027 is hereby amended to read as follows:
361.027 Geothermal resource means [:
1. All products of geothermal processes, embracing indigenous steam, hot water and hot brines;
2. Steam and other gases, hot water and hot brines resulting from water, gas or other fluids artificially introduced into subsurface formations;
3. Heat or other associated energy found beneath the surface of the earth; and
4. Byproducts of any of the items enumerated in subsections 1 to 3, inclusive, such as minerals (exclusive of oil or hydrocarbon gas that can be separately produced) which are found in solution or association with or derived from any of such items.] the natural heat of the earth and the energy associated with that natural heat, pressure and all dissolved or entrained minerals that may be obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.
Sec. 7. NRS 445.178 is hereby amended to read as follows:
445.178 Pollutant:
1. Means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water;
2. Does not mean water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either for facilitating production or for disposal purposes and if the department determines that such injection or disposal will not result in the degradation of ground or surface water resources.
3. Does not mean water, gas or other material injected into a well or used to stimulate a reservoir of geothermal resources if the department determines that the injection or stimulation will not result in the degradation of ground or surface water resources.
Sec. 8. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, every corporation or other person who sells geothermal energy to the public is affected with a public interest, is a public utility and is subject to the jurisdiction and control of the commission. The authority of the commission to regulate such persons is limited to the authority granted by this section and NRS 704.033 and 704.035.
2. This section does not apply to any corporation or other person described in subsection 6 of NRS 704.030 or to any political subdivision of the state authorized to sell energy to the public.
3. The commission shall adopt just and reasonable regulations governing the sale of energy from geothermal resources to the public. The regulations must provide for a system of operating permits which:
(a) May not be denied because the area which the applicant proposes to serve is already being served by a gas or electric utility.
κ1981 Statutes of Nevada, Page 661 (CHAPTER 358, SB 164)κ
(b) May not convey an exclusive right to supply geothermal energy in the area which the applicant proposes to serve.
(c) Specify in each case the geographic area in which the applicant reasonably can provide the services authorized in the permit.
(d) Require the applicant to enter into a contract with each customer served by the utility. The form and scope of the contract must be subject to review and approval of the commission. The contract must specify at least:
(1) The period of time during which service will be provided. The contract must provide for a period of at least 3 years unless such a provision is expressly waived by the customer.
(2) The rates or the formula for determining rates to be charged during the term of the contract.
(3) That the utility will submit to binding arbitration, pursuant to chapter 38 of NRS, matters relating to damages suffered by the customer as a result of a disruption in service and that in any such arbitration, the utility is liable for damages unless it establishes that the disruption was caused by circumstances beyond its control, or another affirmative defense, or establishes that it was not negligent.
4. Before issuing an operating permit the commission must find that:
(a) The applicant is fit, willing and able to provide the services authorized in the permit.
(b) The applicant has tested the geothermal reservoir to determine whether it appears to be capable of providing sufficient energy to supply the intended uses.
(c) The system which the applicant intends to use to produce and distribute the heat meets appropriate standards.
5. The commission has continuing authority to regulate the utilities described in this section to ensure that each utility adheres to the conditions set forth in its operating permit and that the utility provides adequate services.
Sec. 9. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, as used in this chapter, does not include:
1. Corporations, partnerships, sole proprietorships, associations of natural persons, their lessees, trustees or receivers (appointed by any court whatsoever) insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.
2. Corporations, partnerships, sole proprietorships or associations of natural persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
3. Corporations, cooperatives, nonprofit corporations or associations, partnerships, sole proprietorships, associations of natural persons, their lessees, trustees or receivers appointed by any court whatsoever, engaged in the business of furnishing, for compensation, water or sewer services, or water and sewer services, to persons within this state if:
(a) They serve 25 persons or less; or
(b) Their gross sales for water or sewer services, or water and sewer services, amounted to $5,000 or less during the immediately preceding 12 months,
κ1981 Statutes of Nevada, Page 662 (CHAPTER 358, SB 164)κ
services, amounted to $5,000 or less during the immediately preceding 12 months,
and in either case they do not own or control any other such business entity furnishing water or sewer service or water and sewer service within this state.
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
5. Corporations or other persons not normally engaged in water production and sales and which sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
The commission may by subpena require any person claiming to be exempt from regulation by reason of this section, 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.
6. Corporations or other persons who are engaged in the production and sale of geothermal energy to public utilities, cities, counties or other entities which are reselling the energy to the public.
Sec. 10. NRS 704.870 is hereby amended to read as follows:
704.870 1. An applicant for a permit shall file with the commission an application, in such form as the commission may prescribe, containing the following information:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
(c) A statement explaining the need for the facility;
(d) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; [and]
(e) A summary of the examination of conservation measures and alternative sources of energy which was made before the construction of a facility using fossil fuel; and
(f) Such other information as the applicant may consider relevant or as the commission may by regulation or order require. A copy or copies of the studies referred to in paragraph (b) [shall] must be filed with the commission and be available for public inspection.
2. A copy of the application [shall] must be filed with the chairman of the state environmental commission created pursuant to NRS 445.451.
3. Each application [shall] must be accompanied by proof of service of a copy of such application on the clerk of each local government in the area in which any portion of such facility is to be located, both as primarily and as alternatively proposed.
4. Each application [shall] must also be accompanied by proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice under subsection 3 by the publication of a summary of the application in newspapers published and distributed in the area in which such utility facility is proposed to be located.
κ1981 Statutes of Nevada, Page 663 (CHAPTER 358, SB 164)κ
entitled to receive notice under subsection 3 by the publication of a summary of the application in newspapers published and distributed in the area in which such utility facility is proposed to be located.
________
Senate Bill No. 215Senators Wilson, Glaser and Wagner
CHAPTER 359
AN ACT relating to federal lands; enlarging the attorney generals authority to bring an action or intervene in any court or federal agency if the Federal Governments use of public lands or water or roads on those lands impairs the sovereignty of the State of Nevada; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 328 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature finds that more than 87 percent of the land in the State of Nevada is held by the Federal Government, of which 69 percent is public land, and the actions of federal agencies and instrumentalities involving the public lands and waters appurtenant to and public roads over those lands significantly affect the health, safety, welfare and happiness of the citizens of this state and may interfere with the traditional sovereign functions of the State of Nevada with respect to those lands, waters and roads and their uses.
2. Except as provided in subsection 3, the attorney general may:
(a) On his own initiative or at the request of the governor or any state agency, bring and maintain any action; or
(b) Intervene on behalf of or bring and maintain an action on the relation of, any person in any meritorious case,
in any court or before any federal agency if any action or proposed action by a federal agency or instrumentality with respect to the public lands or waters appurtenant to or public roads over those lands impairs or tends to impair the sovereignty of the State of Nevada.
3. The attorney general may bring an action pursuant to this section if:
(a) The legislature has appropriated sufficient money for the operation of his office to permit him to bring and maintain the action until its conclusion; or
(b) He has obtained the permission:
(1) From the legislature, if it is in session, expressed by a concurrent resolution; or
(2) If the legislature is not in session, from the interim finance committee.
4. As used in this section, public lands means all lands within the exterior boundaries of the State of Nevada except lands:
κ1981 Statutes of Nevada, Page 664 (CHAPTER 359, SB 215)κ
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the University of Nevada System;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
________
Senate Bill No. 262Committee on Transportation
CHAPTER 360
AN ACT relating to motor vehicles; increasing certain fees for registration and licensing; increasing the penalty for delinquent registration; setting a flat rate per mile for certain carriers; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.429 is hereby amended to read as follows:
482.429 For its services under this chapter, the department shall charge and collect a fee of [$2] $5 for each certificate of title issued.
Sec. 2. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car [, bus] and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of [$5.50.] $12.
2. For every motorcycle, the sum of [$3.50.] $12.
3. For every bus or motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a registration fee of [$9.] $12.
4. For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of [$2.50.] $6. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of [$5.50.] $9. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds........................................... [$8] $12
3,550 to and including 3,649 pounds........................................... [10] 14
3,650 to and including 3,749 pounds........................................... [12] 16
3,750 to and including 3,849 pounds........................................... [14] 18
3,850 to and including 3,949 pounds........................................... [16] 20
3,950 to and including 3,999 pounds........................................... [18] 22
κ1981 Statutes of Nevada, Page 665 (CHAPTER 360, SB 262)κ
5. For every bus or motortruck having an unladened weight of more than 3,500 pounds and less than [5,050] 5,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds........................................... [$10] $14
3,550 to and including 3,649 pounds........................................... [12] 16
3,650 to and including 3,749 pounds........................................... [14] 18
3,750 to and including 3,849 pounds........................................... [16] 20
3,850 to and including 3,949 pounds........................................... [18] 22
3,950 to and including 3,999 pounds........................................... [20] 24
4,000 to and including [5,049] 4,999 pounds............................. [25] 27
6. For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every bus or motortruck having an unladened weight of [5,050] 5,000 pounds or more, [50] 60 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle must have in place each accessory and appliance belonging to and used on the vehicle in the transportation of property. Whenever a camper is attached to a motortruck, the camper shall be considered as a load and the fees imposed by this section upon the motortruck must be based on the unladened weight of the motortruck, exclusive of the camper.
7. Except as provided in subsection 8, for each transfer of registration the fee is [$2.] $5.
8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 is [$2] $5 plus the excess, if any, of the fee which would have been payable for an original registration of the vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
9. For every motor vehicle there is an additional fee of $3 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
10. For every travel trailer, the registration fee [shall be $5.50.] is $12.
Sec. 3. NRS 482.490 is hereby amended to read as follows:
482.490 [There shall be paid to the department for each] Each person applying for a manufacturer, dealer or rebuilder license plate, or pair of plates [,] must pay at the time of application, in lieu of any other fees specified in this chapter, [fees] a fee according to the following schedule: [, which fees shall be paid at the time application is made for such plates:]
For each plate or pair of plates for [motor vehicles, including motorcycles] a motor vehicle, including a motorcycle................................................ [$5.50] $12
For plates for [trailers and semitrailers] a trailer or semitrailer....... [5.50] 12
Sec. 4. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, [upon application,] the following fees [shall] must be paid:
κ1981 Statutes of Nevada, Page 666 (CHAPTER 360, SB 262)κ
ownership, decal or number plate is issued, [upon application,] the following fees [shall] must be paid:
For a certificate of registration or ownership..................................... [$2.00] $5
For every substitute number plate......................................................... [2.00] 5
For every duplicate number plate.......................................................... [7.50] 10
For every decal (license plate sticker or tab)........................................ [1.00] 5
2. A fee of [$2 shall] $5 must be paid for a duplicate plate of a special plate issued pursuant to NRS 482.3667, 482.375, 482.376 or 482.380. A fee [shall] must not be charged for a duplicate plate or plates issued under NRS 482.368, 482.370, 482.373 or 482.374.
3. The fee which is paid for a duplicate number plate [shall] must be deposited [to] with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plate.
Sec. 5. NRS 482.515 is hereby amended to read as follows:
482.515 1. Whenever a person operates any vehicle [is operated] upon the public highways of this state without [there] having [been] paid therefor the registration or transfer fee required by this chapter, [such] the required fee shall be deemed delinquent.
2. If such a registration fee is not paid by the end of the last registration month of the preceding registration period, a penalty of [$3 shall] $6 must be added thereto. If [such] the delinquency continues, and if the person liable for [such] the fee has knowledge of the delinquency, a penalty of [$3 shall] $6 must be added for each month during which the delinquency continues, unless the vehicle has not been operated on the highways since the expiration of the prior registration. Evidence of nonoperation of a vehicle [shall] must be furnished by an affidavit executed by a person having knowledge of the fact. The affidavit [shall] must accompany the application for renewal of registration.
3. If the transferee of a vehicle, required to be registered under the provisions of NRS 482.205, has not registered the vehicle within 10 days after the transfer, a penalty of [$3 shall] $6 must be added to the registration fee. The provisions of this section do not apply to vehicles which come within the provisions of NRS 706.801 to 706.861, inclusive.
Sec. 6. NRS 371.140 is hereby amended to read as follows:
371.140 1. If the privilege tax is not paid within 30 days after it becomes delinquent, a penalty equal to 10 percent of the tax, but not less than [$3, shall] $6, must be added thereto and [be] collected therewith, but, if the annual registration of a vehicle is being renewed, the penalty [shall] must be added to any payment made on or after the 31st day of the registration year, unless the vehicle has not been operated on the highways since the expiration of the prior registration. The department may retain any penalty so collected.
2. Evidence of nonoperation of a vehicle [shall] must be made by an affidavit executed by a person having knowledge of the fact. The affidavit [shall] must accompany the application for renewal of registration.
Sec. 7. NRS 706.516 is hereby amended to read as follows:
706.516 1. In lieu of the license fees set forth in NRS 706.506, the department may, when it is satisfied that adequate records are or will be maintained by the applicant or that the applicant has a history of compliance with the provisions of this chapter, authorize any common, contract or private carrier who operates vehicles across the boundaries of the state, to pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at [the following per-mile fees for total miles] a rate of 2.25 cents per mile traveled in that period.
κ1981 Statutes of Nevada, Page 667 (CHAPTER 360, SB 262)κ
maintained by the applicant or that the applicant has a history of compliance with the provisions of this chapter, authorize any common, contract or private carrier who operates vehicles across the boundaries of the state, to pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at [the following per-mile fees for total miles] a rate of 2.25 cents per mile traveled in that period. [:
For the first 75,000 miles of travel, per mile............................................ 2.5 cents
From 75,001 to 250,000 miles of travel, per mile..................................... 2.0 cents
From 250,001 miles to 1,000,000 miles of travel, per mile...................... 1.5 cents
From 1,000,001 to 2,000,000 miles of travel, per mile............................. 1.25 cents
For all miles in excess of 2,000,000, per mile........................................... 1.0 cent]
Motor vehicles of 5,000 pounds or less, unladened weight [shall] do not have this option.
2. [In order to qualify under this section, each such carrier shall:
(a) Annually file an application with the department declaring the total mileage operated by such vehicles in all states and in this state during the preceding statutory licensing period and describing and identifying each such vehicle to be operated in this state during the ensuing license year; and
(b) Annually make a minimum advance deposit not less than $120 nor more than an amount obtained by applying the proportion of instate motor vehicle miles to total motor vehicle miles as reported in the statement to the fees which would otherwise be required for licensing all such motor vehicles or fleets of motor vehicles. This amount shall be entered to the credit of each person so qualifying under this section and shall be applied against amounts which may become due under the schedule of fees set forth in subsection 1. The minimum advance deposit for an initial application filed after the beginning of the calendar year shall be reduced by one-twelfth for each month which has elapsed since the beginning of the calendar year. The advance deposit shall be considered the minimum amount due under this section and shall not be subject to refund or credited for any subsequent license period or for any other purpose.
Advance deposit shall not be required on supplemental applications.
3.] In addition to the [fees] fee per mile set forth in subsection 1, [there shall be assessed an annual nonrefundable] each applicant must pay to the department an administrative fee of [$5] $7 for each motor vehicle qualified to operate in Nevada under this section. [, for which fee there shall be issued an identifying device.] The fee is nonrefundable. The department shall issue an identifying device for each such vehicle.
Sec. 8. NRS 706.531 is hereby amended to read as follows:
706.531 1. After the department of transportation has approved an application for a permit under the provisions of subsection 4 of NRS 484.739, and prior to issuance, the department shall issue special identifying devices for vehicle combinations to be operated under the permit, which must be carried and displayed on any vehicle combination operating under the permit in such manner as the department determines. The devices issued may be transferred from one vehicle combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation.
κ1981 Statutes of Nevada, Page 668 (CHAPTER 360, SB 262)κ
prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation. [Such] The devices may be used only on motor vehicles regularly licensed under the provisions of NRS 706.506 or 706.516.
2. The annual fee for each [vehicle combination] identifying device or [devices is $20] set of devices for a vehicle combination is $30 for each 1,000 pounds or fraction thereof of gross vehicle combination weight in excess of [77,000] 80,000 pounds. [, which] The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The fee must be paid in addition to all other fees required under the provisions of this chapter.
3. Any person operating a vehicle combination licensed pursuant to the provisions of subsection 2, who is apprehended operating a vehicle combination in excess of the gross vehicle load for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a vehicle combination without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
________
Senate Bill No. 291Committee on Finance
CHAPTER 361
AN ACT making an appropriation to the central data processing division of the department of general services for the development of a computerized accounting system for the department of prisons; and providing other matters properly relating thereto.
[Approved May 28, 1981]
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 central data processing division of the department of general services the sum of $40,000 for the purpose of developing a computerized accounting system for the department of prisons.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts on that date to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 669κ
Senate Bill No. 336Committee on Finance
CHAPTER 362
AN ACT making an appropriation to the Western Interstate Commission for Higher Education student loan fund; and providing other matters properly relating thereto.
[Approved May 28, 1981]
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 Western Interstate Commission for Higher Education student loan fund created pursuant to NRS 397.063 the sum of $1,018,443.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 379Senators Ford, Blakemore, Wagner, Don Ashworth, McCorkle and Bilbray
CHAPTER 363
AN ACT relating to blind persons; strengthening provisions for the protection of such persons in traffic; providing a penalty; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A blind person who is on foot and using a guide dog or carrying a cane or walking stick white in color, or white tipped with red, has the right of way when entering or when on a highway, street or road of this state. Any driver of a vehicle who approaches or encounters such a blind person shall yield the right of way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the blind person.
2. Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or both fine and imprisonment.
Sec. 2. NRS 484.325 is hereby amended to read as follows:
484.325 [1.] Except as provided in NRS 484.327 [, when] and section 1 of this act:
1. When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
2. [No] A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
κ1981 Statutes of Nevada, Page 670 (CHAPTER 363, SB 379)κ
of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
3. Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle until [such] the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
4. Whenever signals exhibiting the words Walk or Dont Walk are in place, such signals [shall] must indicate as follows:
(a) While the Walk indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and [shall] must be given the right of way by the drivers of all vehicles.
(b) While the Dont Walk indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the Walk indication shall proceed to a sidewalk, or to a safety zone if one is provided.
(c) Whenever the word Wait still appears in a signal, [such] the indication has the same meaning as assigned in this section to the Dont Walk indication.
(d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and Walk and Dont Walk indications control [such] pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the Walk indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in [such] the manner [as] provided in this section and in NRS 484.283.
Sec. 3. NRS 484.327 is hereby amended to read as follows:
484.327 Except as provided in section 1 of this act:
1. Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the highway.
2. Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the highway.
3. Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.
4. A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.
5. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
Sec. 4. NRS 426.510 is hereby amended to read as follows:
426.510 1. No person, except [those] a person wholly or partially blind, [shall] may use a guide dog or carry or use on any street, highway, or in any other public place a cane or walking stick which is white in color, or white tipped with red.
2. Any pedestrian who is not wholly or partially blind [, or any driver of a vehicle,] who approaches or comes in contact with a person wholly or partially blind using a guide dog or carrying a cane or walking stick white in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind.
κ1981 Statutes of Nevada, Page 671 (CHAPTER 363, SB 379)κ
driver of a vehicle,] who approaches or comes in contact with a person wholly or partially blind using a guide dog or carrying a cane or walking stick white in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind.
3. Any person other than a person wholly or partially blind:
(a) Who [shall use] uses a guide dog or [carry] carries a cane or walking stick such as is described in this section, contrary to the provisions of this section; [or]
(b) Who [shall fail] fails to heed the approach of a person using a guide dog or carrying such a cane as is described by this section; [or]
(c) Who [shall fail] fails to come to a stop upon approaching or coming in contact with a person so using a guide dog or so carrying such a cane or walking stick; or
(d) Who [shall fail] fails to take precaution against accident or injury to such a person after coming to a stop,
as provided for in this section, is guilty of a misdemeanor.
4. This section does not apply to any sighted person who uses a guide dog or white cane for the purpose of training [such] the dog or of instructing a blind person.
________
Senate Bill No. 405Committee on Natural Resources
CHAPTER 364
AN ACT relating to animals; authorizing certain officers to take possession of and care for certain animals being treated cruelly; creating a limited lien for the costs of care; authorizing judicial determination of the final disposition of those animals; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 574 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.
2. When an officer takes possession of an animal, he shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal for the cost of shelter and care. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, he shall post the notice on the property from which he takes the animal. If the identity and address of the owner is later determined, the notice must be mailed to the owner immediately after the determination is made.
κ1981 Statutes of Nevada, Page 672 (CHAPTER 364, SB 405)κ
determined, the notice must be mailed to the owner immediately after the determination is made.
3. An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.
4. Upon proof that the owner has been notified in accordance with subsection 2 or, if he has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.
5. An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.
6. This section does not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030.
Sec. 2. NRS 574.050 is hereby amended to read as follows:
574.050 As used in NRS 574.050 to 574.200, inclusive [:], and section 1 of this act:
1. Animal does not include the human race, but includes every other living creature.
2. Torture or cruelty includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.
Sec. 3. NRS 574.100 is hereby amended to read as follows.
574.100 A person who: [overdrives,]
1. Overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether belonging to himself or to another; [, or deprives]
2. Deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink; [, or causes,]
3. Causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink; [, or who willfully]
4. Willfully sets on foot, instigates, engages in or in any way furthers an act of cruelty to any animal, or any act tending to produce such cruelty [,] ; or
5. Abandons an animal in circumstances other than those prohibited in NRS 574.110,
is guilty of a misdemeanor.
________
κ1981 Statutes of Nevada, Page 673κ
Senate Bill No. 422Committee on Government Affairs
CHAPTER 365
AN ACT relating to civil defense; making the civil defense and disaster agency a division of the department of the military; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.064 is hereby amended to read as follows:
412.064 1. The department of the military is hereby established. The department, under the direction of the governor, [is responsible as provided in this chapter for the supervision of] shall supervise the military affairs of the state [.] and shall administer a program for civil defense.
2. The department shall [prepare and promulgate] adopt, subject to the approval of the governor, necessary rules and regulations for the organization, government, armament, equipment, training and compensation of the militia of the state in conformity with the provisions of this chapter and the laws of the United States. [Rules and regulations so made shall be subject to the approval of the governor.]
3. The department shall make such changes in the military organization of the Nevada National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.
4. The department shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.
5. The department [shall have the power to] may establish and continue awards and decorations and [to] approve the design therefor, which [shall] must conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.
Sec. 2. NRS 414.040 is hereby amended to read as follows:
414.040 [1. There] 1. A division of civil defense and disaster assistance is hereby created within the [executive branch of the state government a department of civil defense and disaster assistance called the civil defense and disaster agency, and a director of civil defense and disaster assistance, called the director, who shall be the head thereof.] department of the military. The director [shall] of the division must be appointed by and [hold] holds office at the pleasure of the governor. The director [shall] is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other [funds] money made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.
κ1981 Statutes of Nevada, Page 674 (CHAPTER 365, SB 422)κ
3. The director, subject to the direction and control of the [governor, shall be the executive head of the civil defense and disaster agency and shall be responsible to the governor for carrying] adjutant general, shall carry out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, [and shall] maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government, and shall [have] carry out such additional [authority, duties, and responsibilities authorized by this chapter] duties as may be prescribed by the [governor.
4. 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.] adjutant general.
Sec. 3. NRS 414.060 is hereby amended to read as follows:
414.060 1. The governor [shall have general direction and control of the civil defense and disaster agency, and shall be] is responsible for the carrying out of the provisions of this chapter, and in the event of disaster beyond local control may assume direct operational control over all or any part of the civil defense functions within this state.
2. In performing his duties under this chapter, the governor [is authorized to] may cooperate with the Federal Government, with other states, and with private agencies in all matters pertaining to the civil defense of this state and of the nation.
3. In performing his duties under this chapter and to effect its policy and purpose, the governor [is further authorized and empowered:
(a) To make,] may:
(a) Make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him [herein,] in this chapter, with due consideration of the plans of the Federal Government.
(b) [To prepare] Prepare a comprehensive plan and program for the civil defense of this state [, such plan and program] to be integrated into and coordinated with the civil defense plans of the Federal Government and of other states to the fullest possible extent, and [to] coordinate the preparation of plans and programs for civil defense by the political subdivisions of this state [, the plans] to be integrated into and coordinated with the civil defense plan and program of this state to the fullest possible extent.
(c) In accordance with the plan and program for the civil defense of this state, [to] procure supplies and equipment, [to] institute training programs and public information programs, and [to] take all other preparatory steps, including the partial or full mobilization of civil defense organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of civil defense personnel in time of need.
(d) [To make] Make such studies and surveys of the industries, resources and facilities in this state as may be necessary to ascertain the capabilities of the state for civil defense, and [to] plan for the most efficient emergency use thereof.
(e) On behalf of this state, [to] enter into mutual aid arrangements with other states and [to] coordinate mutual aid plans between political subdivisions of this state.
κ1981 Statutes of Nevada, Page 675 (CHAPTER 365, SB 422)κ
(f) [To delegate] Delegate any administrative authority vested in him under this chapter, and [to] provide for the subdelegation of any such authority.
(g) [To cooperate] Cooperate with the President and the heads of the Armed Forces, the civil defense agency of the United States, and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to the civil defense of the state and nation, including the direction or control of:
(1) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces, and other tests and exercises.
(2) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith.
(3) The effective screening or extinguishing of all lights and lighting devices and appliances.
(4) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services.
(5) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, [prior and subsequent to] before and after drills or attack.
(6) Public meetings or gatherings.
(7) The evacuation and reception of the civilian population.
Sec. 4. NRS 414.010 is hereby repealed.
________
Senate Bill No. 453Committee on Judiciary
CHAPTER 366
AN ACT relating to the trust fund for child welfare; requiring the investment of surplus money on behalf of the child; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 422.253 is hereby amended to read as follows:
422.253 1. The [child welfare] trust fund for child welfare is hereby created. All survivor benefits or other awards payable to children receiving child welfare services [shall] must be deposited in the state treasury for credit to the fund.
2. The [public assistance] trust fund for public assistance is hereby created. Retirement and other benefit grants to any adult recipient of public assistance in a nursing home or group care facility, except facilities of the mental hygiene and mental retardation division of the department, [shall] must be deposited in the state treasury for credit to the fund if the adult receiving care has been adjudicated incompetent in the administration of his personal finances.
3. The welfare division shall:
(a) Keep a separate account for each [individual receiving funds.] person who receives money.
κ1981 Statutes of Nevada, Page 676 (CHAPTER 366, SB 453)κ
(b) Deduct from the account any welfare services to the [individual] person that are provided by public [funds.] money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the [individual.] person.
(c) Remit any surplus balance to the named [individual] person when the welfare division is no longer legally responsible for that [individual.] person.
4. The welfare division shall establish an interest-bearing account in the name of the child in any bank or insured savings and loan association in the State of Nevada qualified to receive deposits of public money and deposit in that account any surplus money in excess of $500 belonging to the child in the trust fund for child welfare.
5. Court-ordered and other support payments to children receiving child welfare services [shall not be] are not considered as a benefit or an award for the purpose of this section, but [shall] must be held in trust in the [child welfare] trust fund [.] for child welfare.
________
Senate Bill No. 493Committee on Commerce and Labor
CHAPTER 367
AN ACT relating to surplus lines insurance; requiring a notice of nonguaranty of claims against an insolvent insurer; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 685A.090 is hereby amended to read as follows:
685A.090 Every insurance contract procured and delivered as a surplus lines coverage pursuant to this chapter [shall] must be countersigned by the broker who procured it, and [shall] must have conspicuously stamped upon it:
This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither licensed by nor under the supervision of the Nevada insurance division. If the insurer is found insolvent, a claim under this contract is not covered by the Nevada Insurance Guaranty Association Act.
________
κ1981 Statutes of Nevada, Page 677κ
Senate Bill No. 551Committee on Finance
CHAPTER 368
AN ACT making an additional and supplemental appropriation to the state board of parole commissioners for in-state travel expenses; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state board of parole commissioners the sum of $1,421.28 for in-state travel expenses. This appropriation is additional and supplemental to that allowed and made by section 33 of chapter 695, Statutes of Nevada 1979.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 577Committee on Judiciary
CHAPTER 369
AN ACT relating to the state gaming control board; removing references to former divisions and their directors; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.0101 is hereby amended to read as follows:
463.0101 As used in this chapter, the words and terms defined in NRS 463.0102 to [463.0128,] 463.01275, inclusive, have the meanings ascribed to them in such sections unless a different meaning clearly appears in the context.
Sec. 2. NRS 463.040 is hereby amended to read as follows:
463.040 1. Each member of the board shall:
(a) Be a citizen of the United States.
(b) Be, or within 6 months after appointment become and remain, a resident of the State of Nevada.
2. No member of the legislature, no person holding any elective office in the state government, nor any officer or official of any political party [shall be eligible to] is eligible for appointment to the board.
3. It is the intention of the legislature that the board [shall] be composed of the most qualified persons available.
4. The chairman of the board, who [shall serve as] is its executive director, [shall have had] must have at least 5 years of responsible administrative experience in public or business administration or [shall] possess broad management skills.
κ1981 Statutes of Nevada, Page 678 (CHAPTER 369, SB 577)κ
administrative experience in public or business administration or [shall] possess broad management skills.
5. One member of the board [, who shall serve as its fiscal director, shall] must be a certified public accountant licensed by this state or another state of the United States or a public accountant qualified to practice public accounting under the provisions of chapter 628 of NRS, have 5 years of progressively responsible experience in general accounting, and have a comprehensive knowledge of the principles and practices of corporate finance; or such person [shall] must possess the qualifications of an expert in the fields of corporate finance and auditing, general finance, gaming or economics.
6. One member of the board [, who shall serve as its surveillance director, shall] must be selected with special reference to his training and experience in the fields of investigation, law enforcement, law or gaming.
Sec. 3. NRS 463.01097 and 463.0128 are hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 579Committee on Judiciary
CHAPTER 370
AN ACT relating to marriage; removing duplicative statutory language and supplying an omitted provision concerning evidence of consent to certain marriages; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.020 is hereby amended to read as follows:
122.020 1. A male and a female person, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.
2. A person at least 16 years of age but less than 18 years of age may marry only if he has the consent of:
(a) Either parent; or
(b) [Such persons] His legal guardian.
[3. Consent may be given in person or by written statement acknowledged before a notary public or other officer authorized to take acknowledgments.]
Sec. 2. NRS 122.040 is hereby amended to read as follows:
122.040 1. Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the state. Licenses may be obtained at the county seat. Before issuing a marriage license, the county clerk may require evidence that the applicant for the license is of age. The county clerk shall accept a statement under oath by the applicant and the applicants parent, if available, that the applicant is of age.
3. The county clerk issuing the license shall require the applicant to answer under oath each of the questions contained in the form of license, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license.
κ1981 Statutes of Nevada, Page 679 (CHAPTER 370, SB 579)κ
answer under oath each of the questions contained in the form of license, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to [such person or persons, he or she shall] the person responding to the question, he must state that the answer is unknown.
4. If any of the persons intending to marry is under age and has not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or
(c) In writing, subscribed to and duly acknowledged before an officer authorized by law to administer oaths.
5. If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.
6. All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit such an inspection is guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 580Committee on Judiciary
CHAPTER 371
AN ACT relating to marriage licenses; requiring them to bear the seal of the county; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license [shall] must be substantially in the following form:
MARRIAGE LICENSE
STATE OF NEVADA
ss.
COUNTY OF........................................................
These presents are to authorize any minister who has obtained a certificate of permission, any supreme court justice or district judge within this state, or justice of the peace within a township wherein he is permitted to solemnize marriages, or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ..............................
κ1981 Statutes of Nevada, Page 680 (CHAPTER 371, SB 580)κ
this state, or justice of the peace within a township wherein he is permitted to solemnize marriages, or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage .............................. of (City, town or location) .............................., State of ............................... State of birth (If not in U.S.A., name of country) ..............................; Date of birth ............................... Fathers name ............................... Fathers state of birth (If not in U.S.A., name of country) ............................... Mothers maiden name ............................... Mothers state of birth (If not in U.S.A., name of country) ............................... Number of this marriage (1st, 2nd, etc.) .......... Wife deceased .......... Divorced .......... Annulled .......... When .................... Where .............................. And .............................. of (City, town or location .............................., State of ............................... State of birth (If not in U.S.A., name of country) ..............................; Date of birth ............................... Fathers name ............................... Fathers state of birth (If not in U.S.A., name of country) .............................. Mothers maiden name .............................. Mothers state of birth (If not in U.S.A., name of country) .............................. Number of this marriage (1st, 2nd, etc.) .......... Husband deceased .......... Divorced .......... When .................... Where ..............................; and to certify the [same] marriage according to law.
Witness my hand and the seal of the [district court of the .............................. judicial district of the State of Nevada, in and for the county of ..............................,] county, this .......... day of .................... A.D. 19...........
................................................................
Clerk
(Seal)
................................................................
Deputy clerk
________
Senate Bill No. 503Senator Jacobsen
CHAPTER 372
AN ACT relating to dairy products and substitutes; repealing restrictions on the service of dairy products in places selling prepared food for human consumption; repealing the authority of the dairy commission to enforce certain restrictions relating to substitute dairy products; restoring the permanent status of the state dairy commission; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 584 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A distributor shall not sell a substitute dairy product, as defined in NRS 584.176, below its cost to him.
κ1981 Statutes of Nevada, Page 681 (CHAPTER 372, SB 503)κ
2. A distributor who sells or distributes a substitute dairy product shall file with the commission a statement of the cost of the substitute dairy product to him. The statement must be supplemented periodically as required by regulations adopted by the state dairy commission. The commission shall keep all statements confidential except when used in a judicial proceeding or an administrative proceeding relating to the provisions of this chapter.
Sec. 2. NRS 584.176 is hereby amended to read as follows:
584.176 As used in NRS 584.177 [to 584.179, inclusive:] :
1. Distributor has the meaning ascribed to it in NRS 584.345.
2. Substitute dairy product means any substance, mixture or compound intended for human consumption as a food product other than milk or dairy products which are intended to resemble milk or dairy products, but contain fat or oil other than milk fat.
Sec. 3. NRS 584.179 is hereby amended to read as follows:
584.179 Any person who violates [any provision of NRS 584.176 to 584.179, inclusive,] NRS 584.177 is guilty of a misdemeanor.
Sec. 4. NRS 584.495 is hereby amended to read as follows:
584.495 The commission shall enforce the provisions of NRS 584.325 to 584.690, inclusive, and section 1 of this act and any stabilization and marketing plan initiated pursuant to the provisions of [NRS 584.325 to 584.690, inclusive.] those sections.
Sec. 5. NRS 584.633 is hereby amended to read as follows:
584.633 1. The commission shall assess each distributor of butter a sum not exceeding 1 cent per pound on all butter distributed by the distributor.
2. Except as otherwise provided in subsection 3, the commission shall assess all distributors of fresh dairy byproducts a sum not exceeding 4 cents per gallon on all ice cream, sherbet, or ice cream or ice milk mixes, and a sum not exceeding one-half cent per pound on all cottage cheese and yogurt distributed by the distributors.
3. In determining the amount to be assessed a distributor under subsection 2, the commission shall credit the distributor with any amount which, pursuant to NRS 584.630, was assessed and paid upon fluid milk and fluid cream which was then used in manufacturing the fresh dairy byproduct.
4. Assessments under this section must be paid to the commission on or before the 15th of the month following the month during which the butter or fresh dairy byproducts were distributed. Late payments are subject to the same penalty as that provided by subsection 4 of NRS 584.635.
5. The commission may fix the rate of assessment for subsections 1 and 2 at any rate which does not exceed the rate specified in those subsections which, when combined with the fees derived by the commission pursuant to NRS 584.630 and 584.635, is sufficient to defray the costs of administering the provisions of NRS [584.176 to 584.179, inclusive, and] 584.325 to 584.690, inclusive [.] , and section 1 of this act.
Sec. 6. NRS 584.670 is hereby amended to read as follows:
584.670 1. The violation of any provision of NRS 584.325 to 584.690, inclusive, and section 1 of this act or of any stabilization and marketing plan, including any price requirements of such plan, or of any of the unfair practice provisions set forth in such sections, is a misdemeanor, and also is ground for revocation or suspension of license in the manner set forth in NRS 584.325 to 584.690, inclusive [.]
κ1981 Statutes of Nevada, Page 682 (CHAPTER 372, SB 503)κ
the unfair practice provisions set forth in such sections, is a misdemeanor, and also is ground for revocation or suspension of license in the manner set forth in NRS 584.325 to 584.690, inclusive [.] , and section 1 of this act.
2. Every distributor must pay for fluid milk or fluid cream delivered to him or it at the time and in the manner specified in the contract with the producer. Failure to make such payments is ground for refusal, suspension or revocation of license in the manner set forth in NRS 584.325 to 584.690, inclusive [.] , and section 1 of this act.
3. In addition to any other penalty provided by [NRS 584.176 to 584.179, inclusive, and] NRS 584.325 to 584.690, inclusive, and section 1 of this act, the commission may impose a penalty of not more than $1,000 for each violation, to be recovered by the commission in a civil action in a court of competent jurisdiction. All sums recovered under this subsection must be deposited with the state treasurer to the credit of the dairy commission fund and expended solely for the enforcement of [NRS 584.176 to 584.179, inclusive, and] NRS 584.325 to 584.690, inclusive [.] , and section 1 of this act.
Sec. 7. 1. NRS 584.1759, 584.178 and 584.1785 are hereby repealed.
2. Section 16 of chapter 600, Statutes of Nevada 1977, as amended by chapter 39, Statutes of Nevada 1979, at page 57, is hereby repealed.
________
Senate Bill No. 593Committee on Finance
CHAPTER 373
AN ACT relating to the casino entertainment tax; requiring persons with a tax liability of at least $500 a month to pay the tax monthly; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.403 is hereby amended to read as follows:
463.403 1. [Every] Except as provided in this subsection, every person required to pay the tax imposed by NRS 463.401 shall file with the commission quarterly, on or before the last day of the month succeeding each calendar quarter, a report showing the amount of all taxable receipts for such calendar quarter. If the amount of tax for which the person is liable is $500 or more each month, the report must be filed monthly.
2. Each report must be accompanied by the amount of tax which is due for the period covered by the report.
3. If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or
κ1981 Statutes of Nevada, Page 683 (CHAPTER 373, SB 593)κ
(b) Refund any overpayment to the person entitled thereto under this chapter, with the interest thereon.
Interest is computed at the rate of 7 percent per annum from the first day of the first month following either the due date of the additional tax or the date of overpayment until paid.
4. Any person who fails to pay the tax provided for in NRS 463.401 on or before the last day of the month succeeding each calendar quarter shall pay in addition to such tax a penalty of $25 or 25 percent of the gross amount due, whichever is greater, but in no case can the penalty exceed $1,000. The commission shall collect the penalty in the same manner as other charges and penalties are collected under this chapter.
________
Assembly Bill No. 462Committee on Education
CHAPTER 374
AN ACT relating to education; extending the commission on professional standards in education; removing restrictions on the scheduling of meetings; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 1 and 4 of chapter 538, Statutes of Nevada 1979, at pages 1073 and 1074, respectively, are hereby amended to read as follows:
Section 1. 1. The commission on professional standards in education, consisting of 11 members appointed by the governor, is hereby created.
2. The governor shall appoint the following persons to the commission:
(a) Three classroom teachers recommended by the Nevada State Education Association.
(b) Two school administrators recommended by the Nevada Association of School Administrators.
(c) The deans of the respective Colleges of Education of the University of Nevada at Las Vegas and at Reno, or their delegates.
(d) A representative of the Nevada Personnel Guidance Association.
(e) A representative of private schools.
(f) A representative of the general public.
(g) A representative of the Nevada School Boards Association.
3. The superintendent of public instruction or his designee shall serve as the executive secretary to the commission but does not have voting privileges. The executive secretary shall coordinate the activities of the commission.
4. [The commission shall meet at least once a month.
5.] The members of the commission are entitled to the travel expenses and subsistence allowances provided by law for state employees while attending meetings of the commission.
κ1981 Statutes of Nevada, Page 684 (CHAPTER 374, AB 462)κ
expenses and subsistence allowances provided by law for state employees while attending meetings of the commission.
Sec. 4. This act expires by limitation on July 1, [1981.] 1983.
________
Senate Bill No. 599Committee on Natural Resources
CHAPTER 375
AN ACT relating to brands and marks; transferring the duty of recording brands of sheep and goats from the county recorder to the state department of agriculture; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 564.010 is hereby amended to read as follows:
564.010 As used in [NRS 564.010 to 564.150, inclusive:] this chapter:
1. Animals means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) All sheep and goats.
2. Department means the state department of agriculture.
3. Executive director means the executive director of the state department of agriculture.
Sec. 2. NRS 564.160 to 564.380, inclusive, are hereby repealed.
________
Senate Bill No. 341Senators Wagner, Jacobsen, Wilson, Getto and Blakemore
CHAPTER 376
AN ACT relating to the state fish; designating the Lahontan cutthroat trout as the official state fish; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The fish known as the Lahontan cutthroat trout (Salmo clarki henshawi) is hereby designated as the official state fish of the State of Nevada.
________
κ1981 Statutes of Nevada, Page 685κ
Assembly Bill No. 646Assemblyman Glover
CHAPTER 377
AN ACT relating to county financial administration; increasing the availability of separate bank accounts; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.603 is hereby amended to read as follows:
354.603 Notwithstanding any other provisions of law, in counties with a population of less than [20,000:] 100,000:
1. The board of trustees of any county school district or the board of hospital trustees of any county hospital may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal Savings and Loan Insurance Corporation for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:
(a) The board of trustees of the county school district or the board of hospital trustees of the county hospital adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.
(b) The board of trustees of the county school district or the board of hospital trustees of the county hospital sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the [state] department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.
(c) The board of trustees of the county school district or the board of hospital trustees of the county hospital submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the [state] department of education. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.
2. The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of two funds:
(a) The county school district fund; and
(b) The county school district building and sites fund.
3. The separate account established by the board of county hospital trustees is designated the county hospital fund.
4. No expenditures from either account may be made in excess of the balance of the account.
κ1981 Statutes of Nevada, Page 686 (CHAPTER 377, AB 646)κ
5. Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.
6. The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of funds in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district or the board of hospital trustees of the county hospital is entitled to a hearing before the board of county commissioners.
Sec. 2. NRS 387.170 is hereby amended to read as follows:
387.170 1. There is hereby created in each county treasury a fund to be designated as the county school district fund, except as otherwise provided in subsection 2.
2. In counties with a population of less than [20,000,] 100,000, all money received by the county treasurer under the provisions of NRS 387.175 may be transferred to a separate account established and administered by the board of trustees of the county school district under the provisions of NRS 354.603.
Sec. 3. NRS 450.250 is hereby amended to read as follows:
450.250 1. The board of hospital trustees have the exclusive control of:
(a) The expenditures of all money collected to the credit of the hospital fund.
(b) The purchase of the site or sites.
(c) The purchase or construction of any hospital building or buildings.
(d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.
2. With the approval of the board of county commissioners, the board of hospital trustees may lease buildings for medical purposes or for purposes of related health care activities.
3. All money received for the hospital must be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after their approval by the county auditor, except as provided in subsection 4.
4. All money received for a hospital which is located in a county having a population of less than [20,000] 100,000 may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.
________
κ1981 Statutes of Nevada, Page 687κ
Senate Bill No. 530Committee on Judiciary
CHAPTER 378
AN ACT relating to jurors; eliminating certain exemptions from service; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no [other, shall be] others except as provided in subsection 2, are exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable [, deputy constable] or police officer.
(d) [Any physician, dentist, graduate nurse or registered pharmacist.
(e)] Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
[(f) Any mail carrier engaged in the actual carrying of the United States mail on a star route in a rural area.
(g) Any teacher, principal or superintendent actually engaged in teaching or in the supervision of teaching in the public schools of this state, and any member of the faculty of the University of Nevada System, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed. Nothing in this paragraph shall excuse or be construed to excuse any teacher, principal, superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.
(h) Members and officers of paid and volunteer fire departments and members of exempt firemens associations, societies or organizations, as follows:
(1) One-half of all members of each regularly enrolled fire department in this state as specified by such department. This exemption shall not apply to any fire department having 50 or more regular paid personnel.
(2) Any member of a volunteer fire department, association, society or organization in this state.
This exemption shall not apply to more than 50 members as designated by such department, association, society or organization.
(i)] (e) Any officer or correctional officer employed by the department of prisons.
[(j)] (f) Any member or employee of the legislature or the legislative counsel bureau while the legislature is in session.
2. All persons of the age of 65 years or over are exempt from serving as grand or trial jurors.
κ1981 Statutes of Nevada, Page 688 (CHAPTER 378, SB 530)κ
as grand or trial jurors. Whenever it [shall appear] appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
________
Assembly Bill No. 292Assemblyman Banner (by request)
CHAPTER 379
AN ACT relating to unemployment compensation; changing the procedure and providing exceptions for charging benefits against employers; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When the department has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.
2. If the employer provides evidence within 10 days after the notice required by subsection 1 was mailed which satisfies the executive director that the claimant left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the executive director may order that the benefits not be charged against the employers record for experience rating.
3. The employer may appeal the ruling of the executive director as to the cause of the termination of the claimants employment in the same manner as appeals may be taken from determinations relating to claims for benefits.
4. No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.
Sec. 2. NRS 612.375 is hereby amended to read as follows:
612.375 An unemployed person is eligible to receive benefits with respect to any week only if the executive director finds that:
1. He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection for persons attached to regular jobs and [as to such] in other types of cases or situations with respect to which he finds that compliance with [such] those requirements would be oppressive or inconsistent with the purposes of this chapter.
2. He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
κ1981 Statutes of Nevada, Page 689 (CHAPTER 379, AB 292)κ
3. He is able to work, and is available for work; but no claimant [shall] may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection if [such] his failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable [prior to] before the beginning of [such] the illness and disability. No otherwise eligible person [shall] may be denied benefits for any week in which he is engaged in training approved by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
4. [Except as provided in subsection 5, he] He has within his base period been paid wages from employers equal to or exceeding [one and one-half] 1 1/2 times his total wages for employment by employers during the quarter of his base period in which [such] his total wages were highest; but if a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount [shall] must be $1 less than one twenty-fifth of his high-quarter wages; but no person may receive benefits in a benefit year unless, subsequent to the beginning of the next-preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for [such] that service in an amount equal to not less than [three] 3 times his basic weekly benefit amount as determined for [such] the next-preceding benefit year.
5. [Any wages which are paid for employment immediately preceding retirement shall not be included as wages in determining the total wages paid during a claimants base period.] For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as provided in subsection 6 the amount payable to the claimant under a plan maintained by a base period employer or an employer whose account is chargeable with benefit payments must:
(a) Not be reduced by the amount of the pension or other payment if the contributions to the pension or retirement plan were made entirely by the claimant or by the claimant and an employer or other person who is neither a base period employer nor an employer whose account is chargeable with benefit payments;
(b) Be reduced by half the proportionate weekly amount of the pension or other payment if at least half but less than the entire amount of the contributions to the pension or retirement plan were made by the claimant; or
(c) Be reduced by the entire proportionate weekly amount of the pension or other payment if neither paragraph (a) or (b) applies.
6. The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 5 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimants eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974 (or the corresponding provisions of prior law), which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 5.
κ1981 Statutes of Nevada, Page 690 (CHAPTER 379, AB 292)κ
for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974 (or the corresponding provisions of prior law), which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 5.
Sec. 3. NRS 612.380 is hereby amended to read as follows:
612.380 A person is ineligible for benefits for the week in which he has voluntarily left his last or next to last employment: [without]
1. Without good cause, if so found by the executive director, and until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks.
2. To seek better employment and for all subsequent weeks until he secures better employment or until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks, if so found by the executive director.
Sec. 4. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers [shall] must be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means a person who has received a first payment.
(d) Computation date for each calendar year means June 30 of the preceding calendar year.
(e) Covered worker means a person who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to a person in his benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.
2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to him for each calendar year in order to reflect his experience and classification.
κ1981 Statutes of Nevada, Page 691 (CHAPTER 379, AB 292)κ
calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to him for each calendar year in order to reflect his experience and classification.
No employers contribution rate may be reduced below 3 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 3 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer [shall] must be assigned the contribution rate of his predecessor.
4. Benefits paid to a person up to and including the computation date [shall] must be charged against the [experience rating] records, for experience rating, of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, [but:] except that:
(a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during his base period, and except as provided in section 1 of this act, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience rating of that employer. The proportion of benefits paid which is equal to the part of the claimants wages for the base period paid by an employer who makes reimbursement must be charged to the record of that employer.
(b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to any employers experience rating record when no benefits would have been payable except for NRS 612.295.
[(b)] (c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person [shall] must not be charged against the accounts of his base period employers.
5. The executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year [shall] must be determined by the range within which his reserve ratio falls.
The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which [shall] must be assigned the various contribution rates provided in subsection 6 of this section. The lowest contribution rate [shall] must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate [shall] must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges [shall] must be uniform.
κ1981 Statutes of Nevada, Page 692 (CHAPTER 379, AB 292)κ
assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges [shall] must be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section [shall] must be assigned a contribution rate by the executive director for each calendar year according to the following classes:
Class 1.......................................................................................... [0.6] 0.3 percent
Class 2.......................................................................................... [0.9] 0.6 percent
Class 3.......................................................................................... [1.2] 0.9 percent
Class 4.......................................................................................... [1.5] 1.2 percent
Class 5.......................................................................................... [1.8] 1.5 percent
Class 6.......................................................................................... [2.1] 1.8 percent
Class 7.......................................................................................... [2.4] 2.1 percent
Class 8.......................................................................................... [2.7] 2.4 percent
Class 9.......................................................................................... [3.0] 2.7 percent
Class 10............................................................................................... 3.0 percent
Class 11............................................................................................... 3.3 percent
Class 12............................................................................................... 3.6 percent
7. On November 30 of each year, the executive director shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date;
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the records of the employment security department [records] for the 12 months ending on the computation date;
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on November 30. If the executive director finds on November 30 preceding any such year that the balance in the unemployment compensation fund is less than the potential maximum annual benefit payable, a 0.5 percent solvency assessment [shall] must be added to the contribution rate of each class described in subsection 6 and to the contribution rate of the employers described in NRS 612.540.
8. The executive director shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for [such] that calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of [such] that year.
κ1981 Statutes of Nevada, Page 693 (CHAPTER 379, AB 292)κ
9. The experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:
(a) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;
(b) The successor employer notifies the employment security department of the acquisition in writing within 90 days [from] after the date of the acquisition;
(c) The employer and successor employer submit a joint application to the executive director requesting the transfer; and
(d) The joint application is approved by the executive director.
The joint application [shall] must be submitted within 1 year after the date of issuance by the department of official notice of eligibility to transfer.
10. Whenever an employer has paid no wages in employment for [a period of] 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and the account [shall] must not thereafter be used in any rate computation.
11. The executive director [has the power to] may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions. [category.]
Sec. 5. NRS 612.415 is hereby repealed.
Sec. 6. 1. This section and section 2 of this act shall become effective upon passage and approval.
2. Section 2 of this act shall operate retroactively to and including March 31, 1980.
3. Sections 1 and 4 of this act shall become effective on January 1, 1982.
4. The remaining sections of this act shall become effective on July 1, 1981.
________
Senate Bill No. 39Committee on Judiciary
CHAPTER 380
AN ACT relating to gaming; providing for the better coordination of the information and documents required of applicants for gaming licenses; and providing other matters properly relating thereto.
[Approved May 28, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board shall investigate the information required by each county and city which licenses gaming, and shall prepare a basic form of application and supporting documents which must include:
(a) A statement concerning the applicants personal history;
κ1981 Statutes of Nevada, Page 694 (CHAPTER 380, SB 39)κ
(b) A questionnaire concerning the amount and sources of the capital to be invested in the establishment, and his personal financial statement; and
(c) Any other information which the board finds is required by all or a majority of these counties and cities or the state.
In preparing these basic forms the board shall consider the form which it requires of applicants for a state gaming license, and to the greatest extent possible shall so design the forms for local use that a copy or partial copy of the states form supplies the information required.
2. Each county and city which licenses gaming shall use the basic documents whose form is prescribed by the board, and may require only such additional information as is not contained in those documents. Each county and city is responsible for reproducing blank forms as required.
________
Senate Bill No. 282Senator Ford
CHAPTER 381
AN ACT relating to food; creating immunity from liability for certain persons in connection with donated food; prohibiting the sale, or distribution outside this state, of food which is salvage and has been donated to a charitable organization; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No action for an injury or illness which results from consumption of food distributed without charge may be brought against:
1. A person or employee of a person who donates food for free distribution; or
2. A nonprofit charitable organization or an employee of a nonprofit charitable organization which distributes, donates or collects the food, unless the injury or illness resulted from the gross negligence or a willful act of the donor, organization or employee.
Sec. 2. Chapter 81 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A corporation organized for one of the following specific purposes, as an incident of its purpose and without any necessity for expressing the same in its articles of incorporation, has the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval or confirmation:
1. In the case of an educational corporation, to establish, conduct and maintain an educational institution, to charge fees for the use of educational facilities or for instruction and to receive and use funds obtained from fees, private donations, devises and bequests and from all lawful sources for the construction, support and maintenance of the institution.
κ1981 Statutes of Nevada, Page 695 (CHAPTER 381, SB 282)κ
2. In the case of a charitable corporation whose stated purposes include the operation of a hospital, to operate a hospital, construct, enlarge or alter a hospital as required, to charge fees for goods or services furnished, and to receive and use funds obtained from fees, donations, devises and bequests and from all lawful sources for the construction, maintenance and operation of the hospital.
3. In the case of a charitable corporation whose stated purpose is to receive salvage food in bulk quantities, to distribute that food without charge, but such a corporation does not have the power to distribute that food outside the state or to sell or offer to sell it.
Sec. 3. NRS 81.310 is hereby amended to read as follows:
81.310 The corporation [shall,] , as an incident of its purpose and without any necessity for expressing the same in its articles of incorporation, [have] has the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval or confirmation:
1. To receive, acquire, hold, manage, administer and expend property and funds for educational, religious, scientific, or general charitable and eleemosynary purposes, including the assistance and support of charitable institutions, associations and undertakings.
2. To take property and funds by will, gift or otherwise and with or without specification of any educational, charitable or eleemosynary purpose, but in case no educational, religious, scientific, charitable or eleemosynary purpose is specified, the property or funds so received [shall,] must, nevertheless, be held upon the trust that the same [shall] must be used for educational, religious, scientific, charitable or eleemosynary purposes. The corporation shall not have the power to take or hold property or funds for any purpose other than an educational, religious, scientific, charitable or eleemosynary one.
3. To hold, in its own name and right, real and personal property of every nature and description without limitation as to extent, character or amount and with all the powers of control, management, investment, change and disposal incident to the absolute ownership of property or funds by a private person, subject only to the terms of particular trusts and to the general trust that all its properties and funds [shall] must be held for educational, religious, scientific, charitable or eleemosynary purposes.
4. To borrow money, either upon or without security, giving such promissory notes or other evidences of indebtedness and such pledges, mortgages and other instruments of hypothecation as it may be advised.
5. To appoint and pay officers and agents to conduct and administer the affairs of the corporation, but no member of the board of trustees [shall] may receive any compensation.
6. To adopt bylaws prescribing the duties of the officers and agents of the corporation, the detail of the organization, the time and manner of its meetings, and any and all detail incident to its organization and the efficient conduct and management of its affairs.
7. To do any and all things which a natural person might do necessary and desirable for the general purpose for which the corporation is organized.
8. To receive and use funds obtained from private donations, devises and bequests and from all lawful sources to be applied for general charitable and benevolent purposes in assisting the poor, the sick and needy, and various charitable homes, institutions or associate service centers and other charitable organizations operating with or assisted by this corporation.
κ1981 Statutes of Nevada, Page 696 (CHAPTER 381, SB 282)κ
and bequests and from all lawful sources to be applied for general charitable and benevolent purposes in assisting the poor, the sick and needy, and various charitable homes, institutions or associate service centers and other charitable organizations operating with or assisted by this corporation.
[9. In the case of an educational corporation, to establish, conduct and maintain an educational institution, to charge fees for the use of educational facilities or for instruction and to receive and use funds obtained from fees, private donations, devises and bequests and from all lawful sources for the construction, support and maintenance of the institution.
10. In the case of a charitable corporation whose stated purposes include the operation of a hospital, to operate a hospital, construct, enlarge or alter a hospital as required, to charge fees for goods or services furnished, and to receive and use funds obtained from fees, donations, devises and bequests and from all lawful sources for the construction, maintenance and operation of the hospital.]
Sec. 4. NRS 396.7992 is hereby amended to read as follows:
396.7992 The board of regents, in the name and on the behalf of the University of Nevada System, may:
1. Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of the University of Nevada, Reno, in Washoe County.
2. Provide the name of the corporation.
3. Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 81.310 [;] and section 2 of this act; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which [such] the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of [such] the corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada System or its board of regents, as it may determine, for the benefit of the University of Nevada System upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
Sec. 5. NRS 396.801 is hereby amended to read as follows:
396.801 The board of regents, in the name and on behalf of the University of Nevada System, may:
κ1981 Statutes of Nevada, Page 697 (CHAPTER 381, SB 282)κ
1. Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of the University of Nevada, Las Vegas, in Clark County.
2. Provide the name of the corporation.
3. Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 81.310 [;] and section 2 of this act; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which [such] the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of [such] the corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada System or the board of regents, as it may determine, for the benefit of the University of Nevada, Las Vegas, upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
Sec. 6. NRS 446.020 is hereby amended to read as follows:
446.020 1. Food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale, or served.
2. The definition [shall not be construed to] does not include:
(a) Private homes.
(b) Fraternal or social clubhouses attendance at which is limited to club members.
(c) Vehicles operating on common carriers engaged in interstate commerce.
(d) Premises on which religious, charitable and other nonprofit organizations sell food for the purpose of raising funds [.] or on which charitable organizations receive salvage food in bulk quantities for the purpose of free distribution.
(e) Any slaughter establishment which is regulated and inspected by the state department of agriculture.
(f) Milk and milk products plants, frozen dessert plants and dairy farms which are regulated by chapter 584 of NRS.
________
κ1981 Statutes of Nevada, Page 698κ
Senate Bill No. 636Committee on Commerce and Labor
CHAPTER 382
AN ACT relating to insurance; requiring the filing of forms to which rates apply; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 686B.070 is hereby amended to read as follows:
686B.070 Every authorized insurer and every rate service organization licensed under NRS 686B.130 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the commissioner all: [rates and supplementary]
1. Rates;
2. Forms of policies to which the rates apply;
3. Supplementary rate information; and [all changes]
4. Changes and amendments thereof,
made by it for use in this state on or before the date the rates become effective.
________
Senate Bill No. 543Committee on Commerce and Labor
CHAPTER 383
AN ACT relating to dealers in motor vehicles; regulating the modification, termination, discontinuance, replacement and addition or relocation of franchises granted by manufacturers and distributors, and certain obligations arising under those franchises; removing certain unconstitutional provisions; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. Manufacturer includes any person who assembles new motor vehicles.
Sec. 3. 1. Notwithstanding the terms of any franchise, a manufacturer or distributor shall not terminate or refuse to continue any franchise unless it has received the written consent of the dealer or:
(a) It has given written notice of its intention to the dealer and the director; and
(b) Either of the following conditions occurs:
(1) The dealer does not file a protest with the director within the time allowed by this section; or
(2) After the dealer has filed a protest and the director has conducted a hearing on the matter, the director issues an order authorizing the manufacturer or distributor to terminate the franchise or permit it to lapse.
κ1981 Statutes of Nevada, Page 699 (CHAPTER 383, SB 543)κ
2. The notice required by this section must be given to the dealer and the director:
(a) At least 15 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal include any of the following:
(1) Transfer of any ownership or interest in the franchised dealership without the consent of the manufacturer or distributor unless that consent has been withheld without good cause;
(2) Material misrepresentation by the dealer in applying for the franchise;
(3) Insolvency of the dealer or the filing of any petition by or against the dealer under any bankruptcy or receivership law;
(4) Any unfair business practice by the dealer after the manufacturer or distributor has issued a written warning to the dealer to desist from that practice;
(5) Revocation of a dealers license under this chapter;
(6) Conviction of the dealer for a felony; and
(7) Closure by the dealer for a period longer than 14 days, unless the closure was caused by a force beyond the control of the dealer.
(b) At least 60 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal do not include one or more of those set forth in paragraph (a).
The notice required by this section must include a statement of the particular grounds for the intended termination or refusal to continue a franchise.
3. A dealer who has received a notice pursuant to this section may file a protest with the director:
(a) Within 10 days after receiving the notice if it states one or more of the grounds specified in paragraph (a) of subsection 2; or
(b) Within 30 days after receiving the notice if it does not state one of the grounds specified in that paragraph.
Sec. 4. 1. A manufacturer or distributor shall not modify the franchise of a dealer or replace the franchise with another franchise if the modification or replacement would have a substantially adverse effect upon the dealers investment or his obligations to provide sales and service, unless:
(a) The manufacturer or distributor has given written notice of its intention to the director and the dealer affected by the intended modification or replacement; and
(b) Either of the following conditions occurs:
(1) The dealer does not file a protest with the director within 30 days after receiving the notice; or
(2) After a protest has been filed with the director and the director has conducted a hearing, the director issues an order authorizing the manufacturer or distributor to modify or replace the franchise.
2. The notice required by this section must be given to the dealer and to the director at least 60 days before the date on which the intended action is to take place.
Sec. 5. In determining whether good cause has been established for permitting a manufacturer or distributor to terminate, refuse to continue, modify or replace a franchise, the director shall consider, without limitation:
κ1981 Statutes of Nevada, Page 700 (CHAPTER 383, SB 543)κ
permitting a manufacturer or distributor to terminate, refuse to continue, modify or replace a franchise, the director shall consider, without limitation:
1. The amount of business transacted by the dealer, as compared to the business available to the dealer, but only if there was merchandise available to the dealer in sufficient quantities of models to match competitive makes and models available in the relevant market area. All transactions and all registrations must be taken into account within the area covered by the franchise.
2. The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise.
3. The permanency of the dealers investment.
4. Whether the proposed action would be injurious or beneficial to the public welfare.
5. Whether the dealer has adequate new vehicle sales and service facilities, equipment, vehicle parts and qualified service personnel to provide reasonably for the needs of the customers for the new vehicles handled by the dealer, and whether he has been and is rendering adequate services to the public.
6. Whether the dealer fails to fulfill the warranty obligations of the manufacturer or distributor to be performed by the dealer.
7. The extent of the dealers failure, if any, to comply with the terms of the franchise.
Sec. 6. 1. Except as otherwise provided in subsection 2, a manufacturer or distributor shall not enter into a franchise which would establish an additional dealership for new vehicles or relocate an existing dealership within the relevant market area of another dealer in the same line and make of vehicles unless:
(a) The manufacturer or distributor has given written notice of its intention to the director and to each dealer in the same line and make in the relevant market area; and
(b) Either of the following conditions occurs:
(1) None of the dealers affected files a protest with the director within 15 days after receiving the notice or within 15 days after the end of any appeal procedure provided in the franchise agreement; or
(2) After a protest has been filed with the director and the director has conducted a hearing, the director finds that there is not good cause for preventing the intended establishment or relocation of a dealership and issues an order authorizing the manufacturer or distributor to establish the additional dealership or relocate the existing dealership.
2. The requirements of this section do not apply to:
(a) Relocation of a dealership if the new location is within 2 miles of the former location and is within the same city and relevant market area as the former location.
(b) The establishment of a branch office of the manufacturer or distributor for the purpose of selling vehicles at a fair, exhibition or similar event if the branch office is not intended to operate for more than 30 days.
(c) Reopening of a dealership which has been out of operation for less than 2 years.
κ1981 Statutes of Nevada, Page 701 (CHAPTER 383, SB 543)κ
Sec. 7. In determining whether good cause has been established for preventing a manufacturer or distributor from establishing an additional dealership or relocating an existing dealership within the relevant market area of another dealer in the same line and make of vehicles, the director shall consider, without limitation:
1. The permanency of the investment of each affected dealer.
2. The effect of the intended action on the business of selling new motor vehicles at retail in the relevant market area.
3. Whether the establishment of an additional dealership or the relocation of an existing dealership for motor vehicles of the particular line and make would be injurious to the welfare of the public.
4. Whether the dealers franchised to sell new motor vehicles of the particular line and make in the relevant market area are providing adequate competition, convenient customer service and adequate personnel and facilities for sales of the vehicles to persons in the area, as well as adequate equipment, spare parts and qualified mechanics and other service personnel for repair and maintenance of the vehicles.
5. Whether the establishment of an additional dealership or the relocation of an existing dealership would increase constructive competition and therefore be in the public interest.
6. Any other fact which the director regards as relevant to the decision required of him.
Sec. 8. 1. If the director receives a written protest from a franchised dealer pursuant to section 3, 4 or 6 of this act, the director shall schedule a hearing on the protest within 60 days after the director receives it. The director shall give notice as follows:
(a) To the manufacturer or distributor, that the protest has been filed, the date, time, and place of the hearing on the protest, and that he may not take the intended action which has given rise to the protest until the director has made his findings and issued an order permitting him to do so;
(b) To the dealer who has protested, the date, time, and place of the hearing on his protest; and
(c) To any other dealer who has requested such a notice or who may be adversely affected by the intended action, the date, time and place of the hearing.
2. A manufacturer or distributor who receives a notice pursuant to this section shall not proceed with the action which has given rise to the protest until the director notifies him that he has made a decision authorizing him to proceed with that action.
3. If two or more protests are filed concerning a particular intended action, the director may consolidate the hearings on the protests.
Sec. 9. 1. In any hearing on a protest filed pursuant to section 3 or 4 of this act, the manufacturer or distributor has the burden of proof to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise.
2. In any hearing on a protest filed pursuant to section 6 of this act, the dealer has the burden of proof to establish that there is good cause to prevent the establishment of an additional dealership or the relocation of an existing dealership.
κ1981 Statutes of Nevada, Page 702 (CHAPTER 383, SB 543)κ
Sec. 10. 1. Each witness, other than an officer or employee of the state or of a political subdivision of the state, who appears by order of the director in a hearing pursuant to NRS 482.36311 to 482.36425, inclusive, and sections 2 to 11, inclusive, of this act, is entitled to receive for his attendance the same fees allowed by law to witnesses in civil cases. The amount must be paid by the party at whose request the witness is ordered to appear.
2. The director may assess other costs against the parties as he deems appropriate.
Sec. 11. 1. The decision of the director concerning a protest filed pursuant to section 3, 4 or 6 of this act, is a final decision in a contested case for the purpose of judicial review.
2. The decision is not subject to rehearing or reconsideration by the director after it is received by the parties.
3. When the written decision of the director is delivered to the parties, copies of the decision, including the findings of fact as well as the determination of the issues, must be delivered to all persons who have requested notice of such decisions.
Sec. 12. NRS 482.36311 is hereby amended to read as follows:
482.36311 As used in NRS 482.36311 to 482.36425, inclusive, and sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 482.36317 to 482.36345, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 13. Section 9 of chapter 90, Statutes of Nevada 1981, is hereby amended to read:
Sec. 9. NRS 482.36311 is hereby amended to read as follows:
482.36311 As used in NRS 482.36311 to 482.36425, inclusive, and sections 2 to 11, inclusive, of Senate Bill No. 543 of the 61st session of the Nevada legislature, unless the context otherwise requires, the words and terms defined in NRS 482.36319 to 482.36345, inclusive, and section 2 of Senate Bill No. 543 of the 61st session of the Nevada legislature, have the meanings ascribed to them in those sections.
Sec. 14. NRS 482.3634 is hereby amended to read as follows:
482.3634 Relevant market area means any area within a radius of 10 miles of an existing dealer who sells vehicles of the same line and make. [or the area assigned in the franchise of an existing dealer of the same line and make, whichever is greater.]
Sec. 15. NRS 482.36411 is hereby amended to read as follows:
482.36411 1. Whenever it appears that a person has violated or is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, and sections 2 to 11, inclusive, of this act, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.
2. In addition to any other judicial relief, any dealer who is injured in his business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, and sections 2 to 11, inclusive, of this act, may bring an action in the district court in which the dealership is located, and may recover actual damages sustained by him, and the cost of suit, including a reasonable attorneys fee.
κ1981 Statutes of Nevada, Page 703 (CHAPTER 383, SB 543)κ
to 482.36425, inclusive, and sections 2 to 11, inclusive, of this act, may bring an action in the district court in which the dealership is located, and may recover actual damages sustained by him, and the cost of suit, including a reasonable attorneys fee. In an action for money damages, the court or jury may award punitive damages if the defendant acted maliciously. The amount of damages sustained by any dealer, pursuant to subsection 4 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.
3. Any company, firm, partnership, corporation or association created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the state, who grants a franchise to any dealer in this state may be lawfully serviced with any legal process in any action for injunctive relief or civil damages in the following manner:
(a) By delivering a copy of the process to the director; and
(b) By mailing to the last-known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons, a copy of the complaint, together with copies of any petition or order for injunctive relief.
4. The defendant has 30 days, exclusive of the day of service, within which to answer or plead.
5. The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.
Sec. 16. NRS 482.36425 is hereby amended to read as follows:
482.36425 1. Any manufacturer or distributor who willfully violates any provision of NRS 482.36311 to 482.36425, inclusive, and sections 2 to 11, inclusive, of this act, is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation and for each act of violation. All civil penalties recovered shall be paid to the State of Nevada.
2. Whenever it appears that a manufacturer or distributor has violated or is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, [then] and sections 2 to 11, inclusive, of this act, the attorney general may institute a civil suit in any district court of this state for injunctive relief to restrain the violation or threat of violation, or if [such] the violation or threat is willful, for the assessment and recovery of the civil penalty, or both.
Sec. 17. NRS 482.36351, 482.3636, 482.36365, 482.36415 and 482.3642 are hereby repealed.
Sec. 18. The provisions of this act apply to every franchise between a manufacturer or distributor and a new vehicle dealer which is in existence on the effective date of this act, as well as to every such franchise which takes effect on or after the effective date of this act.
Sec. 19. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 704κ
Senate Bill No. 624Committee on Commerce and Labor
CHAPTER 384
AN ACT relating to insurance; revising requirements for countersignatures on policies of insurance; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 680A.300 is hereby amended to read as follows:
680A.300 1. Except as provided in NRS 680A.310, no authorized insurer [shall] may make, write, place, renew or cause to be made, [or] placed [,] or renewed, any policy [,] or duplicate policy [or contract] of insurance of any kind upon persons, property or risks resident, located or to be performed in this state, except through its duly appointed and licensed agents resident [of] in this state, any one of whom shall countersign the [same.] policy.
2. Where two or more insurers jointly issue a single policy, the policy may be countersigned, on behalf of all insurers appearing thereon, by a licensed agent resident in this state of any one [such] insurer.
3. In any case where it is necessary to execute an emergency bond and a commissioned agent authorized to execute [such] the bond is not present, a manager or other employee of the insurer having authority under a power of attorney may execute [such] the bond in order to produce a valid contract between the insurer and the obligee. [; but the bond shall] The bond must subsequently be countersigned by a resident commissioned agent, who shall make and retain an adequate office record of the transaction.
4. Nothing contained in this section [shall be construed as preventing] prevents exercise of the free and unlimited right to negotiate contracts by licensed nonresident agents or brokers outside this state, [provided] if the policies, endorsements or evidence of [such] those contracts covering properties or insurable interests in this state are countersigned by a resident agent of this state. Every such policy or contract [shall] must be countersigned by a resident agent.
5. On [such] business produced by a licensed nonresident agent or broker, which is countersigned by a resident commissioned agent of this state, there [shall] must be a division of the usual [customary] commission between the licensed nonresident producing agent or broker and the resident countersigning commissioned agent which [shall] must produce for the latter a commission of at least 5 percent of the premium. [; but no countersignature] No commission or fee [shall be] is required as to policies [or contracts] with an annual premium of [$25] $250 or less. The insurer issuing any [such] policy [, contract] or bond [shall be] is responsible for payment to the countersigning agent of the [countersignature] fee or commission [.] for the countersignature. Where the licensed nonresident agent or broker or the insurer assuming the risk desires the resident commissioned agent to render additional services during the life of a policy, [then] the compensation to the countersigning commissioned resident agent [shall be] is a matter of contract between the parties in interest.
κ1981 Statutes of Nevada, Page 705 (CHAPTER 384, SB 624)κ
resident agent [shall be] is a matter of contract between the parties in interest.
6. An insurer may use an endorsement to the policy for the sole purpose of countersigning the policy, as required in this section, only if:
(a) The endorsement is attached to the policy to which it applies; and
(b) The policy insures persons or property in this state and one or more other states.
________
Senate Bill No. 626Committee on Commerce and Labor
CHAPTER 385
AN ACT relating to insurance; making uniform the minimum age of eligibility for licensing as an insurance agent, broker or solicitor; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 683A.130 is hereby amended to read as follows:
683A.130 1. For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agents, brokers or solicitors license except in compliance with this chapter. Any [individual] natural person for whom such a license is issued, continued or permitted to exist must:
(a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to:
(1) An agent brought into this state by an insurer to replace an agent disabled, deceased or terminated; or
(2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers.
(b) [If for a license as a general lines agent or as a broker, be not less than 21 years of age; if for a license as a life agent or health agent or as a solicitor, be not less than] Be at least 18 years of age.
(c) If for an agents license, have been appointed an agent by an authorized insurer, subject to the issuance of the license.
(d) If for a solicitors license, be the bona fide employee for a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license.
(e) If for a brokers license, have had experience [either] as an agent, solicitor, managing general agent, adjuster or broker [,] or have had other special experience, education or training, all of sufficient content and duration reasonably necessary for competence in fulfilling the responsibilities of a broker.
(f) Be competent, trustworthy and financially responsible.
κ1981 Statutes of Nevada, Page 706 (CHAPTER 385, SB 626)κ
(g) Pass any examination required for the license under this chapter.
2. The commissioner shall not differentiate between persons entitled to act as agents, on the basis that [such] the persons are engaged in other businesses to which the insurance agency is incidental or supplemental.
________
Senate Bill No. 627Committee on Commerce and Labor
CHAPTER 386
AN ACT relating to life and health insurance; removing a requirement that the commissioner of insurance give certain notices to other principals when a life or health agent adds a principal; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 683A.250 is hereby amended to read as follows:
683A.250 [1. Except as provided in subsection 2, a] An agent for life or health insurance [agent] may concurrently be licensed [as] to represent as many life or health insurers as duly file appointments of [the licensee] him with the commissioner and pay the appointment fee.
[2. Upon the filing of each appointment of the licensee or proposed licensee by a life or health insurer the commissioner shall promptly give written notice of the pending appointment to all other life or health insurers, as the case may be, as to whom the licensee has been licensed in this state within the 24 months next preceding, and shall allow such other insurers a reasonable period as specified in the notice within which to respond. If the commissioner finds that the applicant or licensee has a debit balance with any such other insurer which is not adequately secured or otherwise provided for to the obligee insurers satisfaction, and that such indebtedness is either acknowledged by the applicant or licensee or the insurer has secured a judgment therefor, the commissioner shall not effectuate the new appointment until after such debit balance has been adequately secured, or otherwise so provided for.]
________
Senate Bill No. 469Committee on Commerce and Labor
CHAPTER 387
AN ACT relating to banks; authorizing the superintendent to exchange intervals of examinations with federal agencies; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 665.025 is hereby amended to read as follows:
665.025 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, but at least once within each 18-month period.
κ1981 Statutes of Nevada, Page 707 (CHAPTER 387, SB 469)κ
and into the affairs of every bank doing business under this Title, as often as the superintendent may deem necessary, but at least once within each 18-month period. [commencing on July 1, 1979.] In lieu thereof, the superintendent may accept any or all of a report of an examination of a bank made by a federal regulatory agency. If the superintendent accepts any part of such a report in one 18-month period, he shall examine the bank to which the report pertains in the succeeding 18-month period.
________
Senate Bill No. 459Committee on Transportation
CHAPTER 388
AN ACT relating to highways; authorizing the collection of fees to cover the costs of inspecting proposed encroachments and signs, displays or devices used for outdoor advertising; permitting abandonment of portions of state highways which are not needed; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.423 is hereby amended to read as follows:
408.423 1. No state highway or right of way may be disturbed, dug up, crossed, encroached upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approach roads, driveways, railways or for any other purpose, without the written permit of the director, and then only in accordance with the conditions and regulations prescribed by the director. All such work must be done under the supervision and to the satisfaction of the director. All costs of replacing the highway in as good condition as previous to its being disturbed must be paid by the persons to whom or on whose behalf such permit was given or by the person by whom the work was done.
2. In case of immediate necessity therefor, a city or town may dig up [such] a state highway without a permit from the director, but in such cases the director [shall] must be first notified and the highway must be replaced forthwith in as good condition as before at the expense of such city or town.
3. The department shall charge each applicant a reasonable fee for all administrative costs incurred by the department in acting upon an application for a permit, including costs for the preparation and inspection of a proposed encroachment.
Sec. 2. NRS 408.523 is hereby amended to read as follows:
408.523 1. The board may retain or may summarily vacate and abandon any portion of a state highway [which] if that portion has been superseded by relocation [.] or has been determined to be in excess of the needs of the department.
2. The board shall act to abandon any easement, or to vacate any highway, by resolution. A certified copy of [such] the resolution may be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies.
κ1981 Statutes of Nevada, Page 708 (CHAPTER 388, SB 459)κ
further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies. No fee [shall] may be charged for such recordation. [On such] Upon recordation, the abandonment or vacation is complete.
3. When a highway for which the state holds only an easement is abandoned, or when any other easement is abandoned, the property previously subject thereto [shall be] is free from [such] the public easement for highway purposes. Where the state owns in fee the property on which the vacated highway was located, the department shall dispose of [such] that property as provided in NRS 408.533.
4. In any proceeding for the abandonment or vacation of any state highway or part thereof, the board may reserve and except therefrom any easements, rights or interests in [such] the highway deemed desirable and in the best interests of the state.
Sec. 3. NRS 410.400 is hereby amended to read as follows:
410.400 1. The board shall prescribe:
(a) Regulations governing the issuance of permits for advertising signs, displays or devices and [the collection of fees therefor reasonably related to defraying the administrative costs of processing and issuing such permits;] for the inspection and surveillance of advertising signs, displays or devices; and
(b) Such other regulations as it deems necessary to implement the provisions of NRS 410.220 to 410.410, inclusive.
2. The department shall assess a reasonable annual fee for each permit issued to recover administrative costs incurred by the department in the issuance of the permits, and the inspection and surveillance of advertising signs, displays or devices.
3. No fee may be collected for any authorized directional sign, display or device, or for authorized signs, displays or devices erected by chambers of commerce, civic organizations or local governments, advertising exclusively any city, town or geographic area.
[3.] 4. No fee may be collected for any temporary sign, display or device advertising for or against a candidate, political party or ballot question in an election if the sign, display or device is:
(a) Erected not more than 60 days before a primary election and concerns a candidate, party or question for that primary or the ensuring general election; and
(b) Removed within 30 days after:
(1) The primary election if the candidate, party or question is not to be voted on at the ensuing general election.
(2) The general election in any other case.
The department may summarily remove any temporary political sign for which no fee has been paid if the sign is erected before or remains after the times prescribed.
[4.] 5. All [permit] fees collected pursuant to this section must be deposited with the state treasurer for credit to the state highway fund.
________
κ1981 Statutes of Nevada, Page 709κ
Senate Bill No. 340Committee on Finance
CHAPTER 389
AN ACT making an appropriation to the state gaming control board for a computerized system for the management of information; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state gaming control board the sum of $972,518 for the purchase, installation, maintenance and operation of a computerized system for the management of information.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts on that date to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 290Committee on Finance
CHAPTER 390
AN ACT making an additional and supplemental appropriation from the state highway fund to the department of motor vehicles for the cost of its use of the computer facility; and providing other matters properly relating thereto.
[Approved May 29, 1981]
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 highway fund to the department of motor vehicles the sum of $101,520 for the cost of its use of the computer facility. This appropriation is additional and supplemental to that allowed and made by sections 48 and 54 of chapter 695, Statutes of Nevada 1979.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 710κ
Assembly Bill No. 408Committee on Labor and Management
CHAPTER 391
AN ACT relating to industrial insurance; making various changes in the law; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Any person who is an apprentice shall be deemed an employee who is receiving a wage of $150 per month for the purposes of this chapter, and is entitled to the benefits of this chapter, if he is not employed elsewhere, and he is:
1. Attending a class for vocational training; or
2. Receiving bona find instruction as an apprentice,
under the direction of an apprenticeship committee registered with the state apprenticeship council.
Sec. 3. 1. The commission may lend securities from its portfolio, if it receives collateral from the lender in the form of cash or marketable securities which are acceptable to the commission, to the value of the securities borrowed.
2. The commission may enter into contracts necessary to extend and manage loans pursuant to this section.
Sec. 4. The commission may buy and sell options commonly known as put or call options listed by a national securities exchange.
Sec. 5. 1. The commission may:
(a) Invest money from its funds in commingled real estate funds of banks, registered investment advisers or insurance companies which are invested in real property, mortgages secured by real property and leases of real property; and
(b) Enter into agreements for the making of and management of investments pursuant to this section.
2. The commission may not invest more than 10 percent of its assets pursuant to this section.
Sec. 6. NRS 616.015 is hereby amended to read as follows:
616.015 Unless a different meaning is clearly indicated by the context, the definitions set forth in NRS 616.020 to 616.120, inclusive, and section 2 of this act govern the construction and meaning of the terms and phrases used in this chapter.
Sec. 7. NRS 616.090 is hereby amended to read as follows:
616.090 Employer [shall be construed to mean:] means:
1. The state, and each county, city, school district, and all public and quasi-public corporations therein [.] without regard to the number of persons employed.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has [any natural person in service.] in service any person under a contract of hire.
3. The legal representative of any deceased employer.
κ1981 Statutes of Nevada, Page 711 (CHAPTER 391, AB 408)κ
Sec. 8. NRS 616.150 is hereby amended to read as follows:
616.150 The commissioners [shall be] are entitled to receive [from the state treasury their actual and necessary expenses while traveling on the business of the commission. Expenses shall be itemized and sworn to by the commissioner who incurred the expense and allowed by the commission.] the per diem expense allowance and travel expenses provided by law for officers of the state.
Sec. 9. NRS 616.190 is hereby amended to read as follows:
616.190 1. The chairman of the commission [annually shall] shall annually request the Nevada State Medical Association to select and establish [two lists, each composed of three designated and three alternate licensed physicians,] two panels, each composed of nine physicians. The members of each panel must include two orthopedic surgeons, two neurosurgeons, two surgeons whose practice is not limited to any specialty, an internist, a family practitioner and another physician who are in good professional standing and who have displayed an active interest in the advancement of their profession. [, any three of which physicians from each list, when appointed by the governor shall be and constitute two separate medical boards with concurrent jurisdiction throughout the state for the purposes mentioned in this chapter.] If the Nevada State Medical Association is dissolved, the chairman of the commission and the commissioner of insurance shall jointly establish the panels after consulting the state health officer. When an injured employee is referred to the panel, the chairman of the commission or the self-insured employer, after reviewing all pertinent medical records, shall select two members of the panel whose specialties are related most directly to the problem presented, and a third member from the remaining panel members. The three physicians selected are the medical review board for that case. This board may seek further consultation and advice from any physician of its choice. A board must be selected from the panel members for each claimant referred. Members of a panel may be reappointed from year to year, with the approval of the Nevada State Medical Association so long as that organization exists.
2. The state is hereby divided into two medical board districts, as follows:
(a) Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey and Washoe [shall] constitute the first medical board district.
(b) The counties of Clark, Esmeralda, Lincoln, Nye and White Pine [shall] constitute the second medical board district.
3. One of the lists referred to in subsection 1 [shall] must be composed of licensed physicians practicing in the first medical board district and the other list [shall] must be composed of physicians practicing in the second medical board district.
4. The jurisdiction of the medical boards [shall be] is concurrent and [shall be] limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the commission. It shall not consider or determine legal questions such as whether or not the injury arose out of and in the course of employment. The findings of the medical boards or a majority of the members of each board [shall be] are final and binding on the commission.
κ1981 Statutes of Nevada, Page 712 (CHAPTER 391, AB 408)κ
of the members of each board [shall be] are final and binding on the commission.
5. Each member of the medical boards [shall receive as full compensation for his services a sum not to exceed $50] is entitled to receive his usual medical fee for each referred case, which [sum shall represent] represents compensation for the initial review of medical records, the [meeting] examination and the preparation of the report. Each report must be signed by all members of the medical review board appointed for that case.
6. Each member of the medical boards shall be entitled to reasonable and necessary traveling expenses incurred while actually engaged in the performance of his duties.
Sec. 10. NRS 616.193 is hereby amended to read as follows:
616.193 1. The commission must provide access to the files of claims in its Carson City and Las Vegas offices.
2. A file is available for inspection during regular business hours by the employee or his designated agent and the employer and his designated agent.
3. Upon request, the commission must make copies of anything in the file and may charge a reasonable fee for this service.
4. Until a claim is closed the file must be kept in the office nearest to the place where the injury occurred.
5. The commission may microphotograph or film any of its records. The microphotographs or films must be placed in convenient and accessible files, and provision must be made for preserving, examining and using the records.
Sec. 11. NRS 616.195 is hereby amended to read as follows:
616.195 1. Upon written approval of all three commissioners [it shall be lawful for the commission to destroy or cause the destruction of] the commission may destroy accumulated and noncurrent detail records such as payroll reports, checks, claims, and other records of similar importance for the period July 1, 1913, to January 1, 1947, [provided:
(a) That claims] if:
(a) Claims from January 1, 1940, [shall first be microfilmed;] and after are first microphotographed; and
(b) [That a] A brief inventory of the destroyed records [shall be] is retained.
2. [At the end of each fiscal year beginning with June 30, 1953, and thereafter, the commissioners may authorize the destruction of the detail records described and in the same manner as provided in this section for the sixth preceding fiscal year.] The commission may dispose of or destroy any record which has been microphotographed or filmed if the procedure required by NRS 239.050 has been followed.
3. The principal records, such as the general and regular journals, general ledgers, and minutes of the commission shall not be destroyed but shall be retained intact for the period from January 1, 1913.
Sec. 12. NRS 616.317 is hereby amended to read as follows:
616.317 1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter for the purpose of personally securing compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the commission.
κ1981 Statutes of Nevada, Page 713 (CHAPTER 391, AB 408)κ
terms, conditions and provisions of this chapter for the purpose of personally securing compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the commission.
2. A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination [prior to the commencement of coverage and on a yearly basis there after.] before his coverage commences. The commission shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination [shall] must be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the commission premiums in such manner and amounts as may be prescribed by regulations of the commission.
4. If a sole proprietor fails to pay all premiums required by the regulations of the commission, [such] the failure operates as a rejection of this chapter.
5. A sole proprietor who elects to be included under the provisions of this chapter [shall remain] remains subject to all terms, conditions and provisions of this chapter and all regulations of the commission until he files written notice with the commission that he withdraws his election.
6. For purposes of this chapter, a sole proprietor shall be deemed to be receiving a wage of $300 per month.
Sec. 13. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the commission with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed during the month; and
(b) A segregation of employment in accordance with the requirements of the commission,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be $24,000.
3. Any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate.
5. If an audit of the accounts or actual payroll of [such] an employer shows the actual premium earned exceeds the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover [such] the deficit, together with such amount as in its judgment constitutes an adequate advance premium for the period covered by the estimate.
κ1981 Statutes of Nevada, Page 714 (CHAPTER 391, AB 408)κ
6. The commission shall notify any employer or his representative by [certified] first class mail of any failure on his part to comply with the foregoing provisions. [; but such] The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
Sec. 14. NRS 616.460 is hereby amended to read as follows:
616.460 1. The security to be deposited with the commission by any bank for any premiums, contributions, penalties, or securities, and for any part of the state insurance fund deposited for collection or otherwise by the commission, [shall consist of the following:] must consist of:
(a) Bonds of the United States.
(b) Bonds the payment of which is guaranteed by the United States.
(c) Certificates issued under the authority of the United States.
(d) Bonds of this state or any state in the union.
(e) Bonds, notes or warrants of any county within any state.
(f) Bonds or warrants of any municipality, school district, irrigation or drainage district, or political subdivision of and in the state.
2. [Such security shall at all times] The security must be in an amount [to be] determined by the commission and approved by the governor, state treasurer and state controller, two of whom [shall] constitute a majority, but not less than the sums secured, and [shall] must be approved in writing by the commission and the governor, state treasurer and state controller, two of whom [shall] constitute a majority, and [shall] must be deposited and kept deposited [, as in this chapter provided,] with the commission [.] as provided in this chapter.
3. The agreement of security made and deposited with [such] the securities [shall inure] inures to the commission as custodian, and for the use and benefit of the state insurance fund, and [shall] must permit withdrawal, substitution, and requirement of additional security, upon written approval of the commission and of the governor, state treasurer and state controller, two of whom [shall] constitute a majority. Deposits must [, however, be kept fully secured at all times.] be secured to an amount equal to the daily average balance for each month.
Sec. 15. NRS 616.4981 is hereby amended to read as follows:
616.4981 1. The commission may invest and reinvest the moneys in its funds in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof. [, if such institution has paid cash dividends for a period of 5 fiscal years next preceding the date of acquisition.]
2. The commission shall not invest more than 1 percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate of its investments under this section at cost exceed 20 percent of its assets.
Sec. 16. NRS 616.4982 is hereby amended to read as follows:
616.4982 1. [The commission may invest and reinvest the moneys in its funds in entire first mortgages on improved unencumbered real property located within this state or any other state and worth at least 50 percent more than the amount loaned thereon, the worth to be substantiated by a member of the American Institute of Real Estate Appraisers, which appraisal the commission may accept if it is satisfied that the appraisal is competent and disinterested; provided:
κ1981 Statutes of Nevada, Page 715 (CHAPTER 391, AB 408)κ
50 percent more than the amount loaned thereon, the worth to be substantiated by a member of the American Institute of Real Estate Appraisers, which appraisal the commission may accept if it is satisfied that the appraisal is competent and disinterested; provided:
(a) There is and has been no default in the payment of any part of the principal and there is no default in interest; and
(b) The investment in any one mortgage does not exceed $25,000.
2. By improved real property, as used in this section, is meant all farmland which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town or city on which permanent buildings suitable for residence or commercial use are situated.
3. Real property for the purposes of this section shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights of way, sewer rights and rights in walls nor by reason of building restrictions or other restrictive covenants, nor by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
4. Notwithstanding the restrictions set forth in this section, the] The commission may invest in bonds or notes that are:
(a) Guaranteed by the Veterans Administration under the Servicemens Readjustment Act of 1944 (as from time to time amended), or otherwise guaranteed by the United States of America, or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemens Readjustment Act, in which case the loan amount at the time of investment by the commission may equal the unpaid principal balance; or [are]
(b) Insured under the National Housing Act or under the Farmers Home Administration Act of 1946 (as from time to time amended), in which case the loan amount at the time of investment by the commission may equal the amount of the loan insurance provided.
[5.] 2. The commission shall not in any manner, either directly or indirectly, invest in real estate mortgages that are junior to first mortgages.
[6.] 3. The commission shall not invest [in excess of] more than 20 percent of its assets in the securities described in this section.
[7.] 4. No mortgage loan upon a leasehold [shall] may be made or acquired pursuant to this section unless the terms thereof provide for amortization payments to be made by the borrower on the principal [thereof] at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by enforceable option of renewal, which is unexpired at the time the loan is made, but in no event [exceeding] more than 30 years.
[8.] 5. The commission may enter into servicing agreements with qualified mortgage servicing institutions for the handling of mortgage service details, and may reimburse [such servicer] the institutions the customary fee charged by the trade.
κ1981 Statutes of Nevada, Page 716 (CHAPTER 391, AB 408)κ
service details, and may reimburse [such servicer] the institutions the customary fee charged by the trade. [, but in no event shall this fee exceed one-twelfth on one-half percent per month of the unpaid principal balance of the loan or loans serviced under a servicing agreement.] The [servicer] servicing institution shall furnish the commission each month, with respect to each mortgage serviced, postings of all cash transactions affecting each mortgage and, at the end of each calendar year, a completely posted ledger sheet for each separate mortgage serviced, giving all cash transactions affecting [such] each mortgage.
Sec. 17. NRS 617.030 is hereby amended to read as follows:
617.030 Casual refers only to employments where the work contemplated is to be completed in not [exceeding 10] more than 20 working days, without regard to the number of [men] persons employed, and where the total labor cost of such work is less than [$100.] $500.
Sec. 18. NRS 617.060 is hereby amended to read as follows:
617.060 Disablement and total disablement are used interchangeably in this chapter and [shall be construed to] mean the event of becoming physically incapacitated [from performing any work for remuneration or profit] by reason of an occupational disease [,] arising out of and in the course of employment [,] as defined in this chapter [.] from engaging, for remuneration or profit, in any occupation for which he is or becomes reasonably fitted by education, training or experience.
Sec. 19. 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.
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.
5. Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging or use of the ski tow or lift facilities.
Sec. 20. NRS 617.100 is hereby amended to read as follows:
617.100 Subcontractors and their employees shall be deemed to be employees of the principal contractor. [or other person having the work done.]
Sec. 21. NRS 617.110 is hereby amended to read as follows:
617.110 [The following shall constitute employers subject to the provisions of this chapter:] Employer means:
1. The state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons [in the service of any such employer.] employed.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service any employee under a contract of hire.
κ1981 Statutes of Nevada, Page 717 (CHAPTER 391, AB 408)κ
3. The legal representative of any deceased employer.
Sec. 22. NRS 617.145 is hereby amended to read as follows:
617.145 Sole proprietor means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada.
________
Senate Bill No. 301Committee on Taxation
CHAPTER 392
AN ACT relating to the property tax; exempting certain housing for elderly or handicapped persons owned or operated by nonprofit corporations from the tax; and providing other matters properly relating thereto.
[Approved May 29, 1981]
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:
All real property and tangible personal property used exclusively for housing and related facilities for elderly or handicapped persons are exempt from taxation if:
1. The property was wholly or partially financed by a loan under the Housing Act of 1959, as amended, 12 U.S.C. § 1701q; and
2. The property is owned or operated:
(a) By a nonprofit corporation organized under the laws of the State of Nevada; or
(b) By a nonprofit corporation organized under the laws of another state and qualified to do business as a nonprofit corporation under the laws of the State of Nevada.
________
Senate Bill No. 517Committee on Finance
CHAPTER 393
AN ACT relating to the property tax; limiting the inclusion of insurance proceeds as income in determining the assistance to be given to elderly taxpayers; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.823 is hereby amended to read as follows:
361.823 Income means adjusted gross income, as defined in the U.S.
κ1981 Statutes of Nevada, Page 718 (CHAPTER 393, SB 517)κ
U.S. Internal Revenue Code, plus the following items: tax-free interest; the untaxed portion of pensions or annuities; railroad retirement benefits; veterans pensions and compensation; payments received under the Federal Social Security Act, including supplemental security income but excluding hospital and medical insurance benefits for the aged and disabled; public welfare payments, including shelter allowances; unemployment insurance benefit; all loss of time and disability insurance payments; disability payments under workmens compensation laws; alimony; support payments; allowances received by dependents of servicemen; the amount of recognized capital gains and losses excluded from adjusted gross income; life insurance proceeds [;] in excess of $5,000; bequests and inheritances; cash gifts over $300 not between household members; and such other kinds of cash flow into a household as the department specifies by regulation.
________
Senate Bill No. 199Committee on Judiciary
CHAPTER 394
AN ACT relating to adoption; authorizing nullification by the court of a written consent to adoption; allowing payments of attorneys fees and court costs in subsidized adoptions; clarifying the applicability of provisions governing placements for adoption and permanent free care; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 127.080 is hereby amended to read as follows:
127.080 1. Except as provided in NRS 127.070 [, the execution of] and 127.280, a written consent to a specific adoption [or a relinquishment for adoption] pursuant to this chapter [is irrevocable.] cannot be revoked or nullified.
2. Except as provided in NRS 127.070, a relinquishment for adoption pursuant to this chapter cannot be revoked or nullified.
3. A minor parent may execute a relinquishment for adoption and cannot revoke it upon coming of age.
Sec. 2. NRS 127.186 is hereby amended to read as follows:
127.186 1. The welfare division of the department of human resources, or a child-placing agency licensed by the welfare division pursuant to this chapter, [is hereby authorized and empowered to] may consent to the adoption of a child under 18 years of age with special needs due to race, age [,] or physical or mental problems who is in the custody of the welfare division or the licensed agency by proposed adoptive parents of limited means when, in the judgment of the welfare division or the licensed agency, it would be [to] in the best interests of [such] the child to be placed in [such] that adoptive home and it would be difficult to locate a suitable adoptive home where the adoptive parents would be capable of bearing the full costs of maintaining [such] the child.
κ1981 Statutes of Nevada, Page 719 (CHAPTER 394, SB 199)κ
be difficult to locate a suitable adoptive home where the adoptive parents would be capable of bearing the full costs of maintaining [such] the child.
2. The welfare division [is authorized to] may grant financial assistance for attorneys fees and court costs in the adoption proceeding, for maintenance [or] and for preexisting physical or mental conditions to the adoptive parents out of money provided for that purpose if:
(a) Due and diligent effort has been made by the welfare division or the licensed agency to locate a suitable adoptive home for [such] the child where financial assistance would not be required [.] ; and
(b) The state welfare administrator has reviewed and approved in writing the proposed adoption and grant of assistance.
3. The financial assistance grant must be limited, both as to amount and duration, by agreement in writing between the welfare division and the adoptive parents. [, both as to amount and duration, which] The agreement does not become effective until the entry of the order of adoption.
4. Any grant of financial assistance must be reviewed and evaluated at least once annually by the welfare division. [Such] The evaluation must be presented for approval to the state welfare administrator. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the welfare division that continued assistance is denied.
5. All financial assistance provided under this section ceases immediately when the child attains [his or her] majority, becomes self-supporting, is emancipated or dies, whichever is first.
6. Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to [such] the adoption.
Sec. 3. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS 127.230 to 127.310, inclusive, person means an individual, partnership, firm, corporation or association. The term includes a hospital.
Sec. 4. NRS 127.280 is hereby amended to read as follows:
127.280 1. No child may be placed in the home of prospective adoptive parents for the 30-day residence in [such] that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless the welfare division of the department of human resources first receives written notice of the proposed placement from:
(a) The prospective adoptive parents of the child;
(b) The person recommending [such] the placement; or
(c) A licensed child-placing agency,
and the investigation required by the provisions of this section has been completed.
2. If [such] the placement is to be made by a licensed child-placing agency, the welfare division shall make no investigation and shall retain the written notice for informational purposes only.
3. If [such] the placement is recommended by a person other than a licensed child-placing agency, the welfare division shall, within 60 days after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption.
κ1981 Statutes of Nevada, Page 720 (CHAPTER 394, SB 199)κ
a licensed child-placing agency, the welfare division shall, within 60 days after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the welfare division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.
4. Pending completion of the required investigation, the child must be retained by the natural parent or parents or relinquished to the welfare division and placed by the welfare division in a foster home licensed by it until a determination is made by the welfare division concerning the suitability of the prospective adoptive parents.
5. Upon completion of the investigation, the welfare division shall forthwith inform the person recommending [such] the placement and the prospective adoptive parents for the welfare divisions decision to approve or deny the placement. If, in the opinion of the welfare division, the prospective adoptive home is:
(a) Suitable, the child must be relinquished to the welfare division, if not relinquished pursuant to the provisions of subsection 4, for placement and adoption in the home of the prospective adoptive parents.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting [such] the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent or consents to the specific adoption and order the return of the child to the care and control of [his natural] the parent or parents [,] who executed the consent, but if the parental rights of [such] the parent or parents have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent or parents do not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child placement agency for adoption.
6. Whenever the welfare division believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:
(a) The welfare division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court, thereupon, shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:
(1) Prohibit [such] the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the welfare divisions petition, and proceed pursuant to the discretionary placement power of subsection 5; or
κ1981 Statutes of Nevada, Page 721 (CHAPTER 394, SB 199)κ
(2) Proceed pursuant to the discretionary placement power of subsection 5 in all other case if the court determines that it is in the best interest of the child that the child should be removed.
7. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the welfare division does not proceed pursuant to subsection 6, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within [such] that time a foster home license must thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to the discretionary placement power of subsection 5.
8. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of the placement provisions of this section is guilty of a gross misdemeanor.
Sec. 5. NRS 449.245 is hereby amended to read as follows:
449.245 1. No hospital licensed under the provisions of NRS 449.001 to 449.240, inclusive, [shall] may release from [such] the hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to [such] the hospital, to any person other than a parent, guardian or relative by blood or marriage of [such] that child, without a written authorization signed by [such] a living parent, [which shall] who must be the mother if unwed, or a guardian specifying the particular person or agency to whom [such] the child may be released and the permanent address of [such] that person or agency.
2. Upon the release or other surrender of physical custody of [any minor] the child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of [each such] the written authorization to the welfare division of the department of human resources before the release or other surrender by it of physical custody of [any such minor] the child. [Such copy shall] The copy must be furnished to the welfare division immediately upon receipt by the hospital. [of such authorization.]
3. Any person to whom any such child is released who thereafter surrenders physical custody of [such] that child to any other person or agency shall, upon demand by the welfare division, disclose to the welfare division the name and permanent address of the person or agency to whom physical custody of the child was delivered.
4. All information received by the welfare division pursuant to the provisions of this section [shall be] is confidential [information] and [shall] must be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
κ1981 Statutes of Nevada, Page 722 (CHAPTER 394, SB 199)κ
provisions of this section [shall be] is confidential [information] and [shall] must be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
5. Compliance with the provisions of this section is not a substitute for compliance with NRS 127.220 to 127.310, inclusive, governing placements for adoption and permanent free care.
6. A violation of any provision of this section is a misdemeanor.
________
Assembly Bill No. 674Committee on Ways and Means
CHAPTER 395
AN ACT making an additional and supplemental appropriation to the welfare division of the department of human resources for aid to dependent children; and providing other matters properly relating thereto.
[Approved May 29, 1981]
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 welfare division of the department of human resources the sum of $148,304 for aid to dependent children. This appropriation is additional and supplemental to that allowed and made by section 29 of chapter 695, Statutes of Nevada 1979.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 559Committee on Elections
CHAPTER 396
AN ACT relating to school districts; repealing local provisions for the election of trustees; providing for election districts for school trustees of certain school districts; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In each county school district in which more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees.
κ1981 Statutes of Nevada, Page 723 (CHAPTER 396, AB 559)κ
are enrolled, the board of trustees shall establish seven election districts for school trustees. The districts must be:
(a) As nearly equal in population as practicable; and
(b) Composed of contiguous territory.
2. In each county school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees, as follows:
(a) Five districts which are as nearly equal in population as practicable, each of which includes approximately one fifth of the population of the county; and
(b) Two districts which are as nearly equal in population as practicable, each of which includes approximately one half of the population of the county.
The districts must be composed of contiguous territory.
3. Each trustee of a school district to which this section applies must reside in the election district which he represents and be elected by the voters of that election district.
4. In each school district in which more than 25,000 pupils are enrolled, the term of a school trustee is 4 years. Three trustees must be elected at the general election of 1982 and four trustees must be elected at the general election of 1984.
Sec. 2. NRS 386.120 is hereby amended to read as follows:
386.120 The board of trustees of a county school district consists of five or seven members as follows:
1. If 1,000 or more pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members. Except in [the Clark County school district and the Washoe County school district the board members shall] school districts in which more than 25,000 pupils are enrolled, the members of the board must be elected at large until such time as the appropriate board of county commissioners adopts the alternate manner of election provided in NRS 386.200.
2. If fewer than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of five members. The [board] members [shall] of the board must be elected as provided in NRS 386.160 until such time as the appropriate board of county commissioners adopts the alternate manner of election provided in NRS 386.200.
Sec. 3. NRS 386.200 is hereby amended to read as follows:
386.200 1. The trustees of a county school district may be elected from school trustee election areas in the alternate manner provided in this section.
2. Within 30 days [prior to] before May 1 of any year in which a general election is to be held in the state, 10 percent or more of the registered voters of a county school district [other than Clark or Washoe] in which 25,000 or fewer pupils are enrolled may file a written petition with the board of county commissioners of the county praying for the creation of school trustee election areas within the county school district in the manner provided in this section. The petition [shall] must specify with particularity the school trustee election areas proposed to be created, the number of trustees to be elected from each such area, and the manner of their nomination and election.
κ1981 Statutes of Nevada, Page 724 (CHAPTER 396, AB 559)κ
areas proposed to be created, the number of trustees to be elected from each such area, and the manner of their nomination and election. The number of school trustee election areas proposed [shall] must not exceed the number of trustees authorized by law for the particular county school district. The description of the proposed school trustee election areas need not be given by metes and bounds or by legal subdivisions, but [shall] must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular school trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall make oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of [such notice shall be] the notice is a proper charge against the county school district fund.
4. If, as a result of the public hearing, the board of county commissioners finds that the creation of school trustee election areas within the county school district is desirable, the board of county commissioners shall, by resolution regularly adopted [prior to] before June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries The territory comprising each school trustee election area [shall] must be contiguous. The resolution [shall] must further set froth the number of trustees to be elected from each school trustee election area in the manner of their nomination and election.
5. [Prior to] Before June 1 and immediately following the adoption of the resolution creating school trustee election areas within a county school district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the superintendent of public instruction.
6. Upon the creation of school trustee election areas within a county school district the terms of office of all trustees then in office expire on the 1st Monday of January thereafter next following a general election. At the general election held following the creation of school trustee election areas within a county school district, school trustees to represent the odd-numbered school trustee election areas [shall] must be elected for terms of 4 years and school trustees to represent the even-numbered school trustee election areas [shall] must be elected for terms of 2 years. Thereafter, at each general election, the offices of school trustees [shall] must be filled for terms of 4 years in the order in which the terms of office expire.
7. A candidate for the office of trustee of a county school district in which school trustee election areas have been created [shall] must be a qualified elector and [shall be] a resident of the school trustee election area which he seeks to represent.
κ1981 Statutes of Nevada, Page 725 (CHAPTER 396, AB 559)κ
in which school trustee election areas have been created [shall] must be a qualified elector and [shall be] a resident of the school trustee election area which he seeks to represent.
8. The board of county commissioners may by resolution change the boundaries of school trustee election areas or the manner of nomination or election of school trustees after:
(a) Holding a public hearing of which notice [shall] must be given as provided in subsection 3; and
(b) Receiving, at [such] the hearing or by resolution, the consent of the board of trustees of the school district.
9. If the superintendent of public instruction certifies to the county clerk that the pupil enrollment during the preceding school year in a county school district was less than 1,000, and the board of trustees of the county school district is composed of seven elected members based upon a previous pupil enrollment of 1,000 or more, [then] the board of county commissioners shall alter [such] the school trustee election areas or change the number of trustees to be elected from [such] the areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees [shall] may thereafter be nominated and elected at the forthcoming elections.
10. If the superintendent of public instruction certifies to the county clerk that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members based upon a previous pupil enrollment of less than 1,000, [then] the board of county commissioners shall alter [such] the school trustee election areas or change the number of trustees to be elected from [such] the areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees [shall] must thereafter be nominated and elected at the forthcoming elections.
Sec. 4. NRS 386.170 and 386.175 are hereby repealed.
Sec. 5. The board of trustees of each county school district in which more than 25,000 pupils are enrolled shall establish the election districts for school trustees required by section 1 of this act on or before February 1, 1982.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 726κ
Senate Bill No. 21Committee on Human Resources and Facilities
CHAPTER 397
AN ACT relating to regional networks of libraries; providing for agreements to form such regional networks for the purpose of facilitating regional cooperation, improved communications and sharing of resources among libraries; providing for the establishment of governing boards for regional networks; prescribing the powers and duties of such boards; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 379 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 3 to 8, inclusive, of this act, library includes public libraries, school libraries where authorized by school districts, academic libraries, special libraries and the Nevada state library.
Sec. 3. The legislature declares:
1. That the state recognizes the desirability of supporting the extension of library services beyond the jurisdiction of any single library;
2. That the formation of a regional network of libraries is an effective means of providing services beyond local boundaries; and
3. That all public libraries in this state should be linked to regional networks to form a system of communications and provision of services which will encourage cooperation and maximum use of available resources.
Sec. 4. 1. The governing bodies of two or more libraries may enter into an agreement to form a regional network of libraries for the purpose of facilitating regional cooperation, improved communications and sharing of resources. The purposes of the regional network may be furthered by such activities as:
(a) Developing and operating interlibrary systems to improve access to dispersed library and information services.
(b) Applying new technologies for improved efficiency in the use and availability of resources.
(c) Improving access to advanced research which will help increase productivity and solve emerging problems of common concern.
2. An agreement to form a regional network of libraries is subject to the provisions of the Interlocal Cooperation Act.
Sec. 5. 1. A regional network of libraries is governed by a board consisting of one representative from each participating entity.
2. The board shall:
(a) Elect its own officers.
(b) Establish rules for its own governance and bylaws for the operation of the regional network.
(c) Prepare an annual budget for the regional network.
(d) Develop, through a continuing process of planning, a master plan for the regional network of libraries for the provision of regional services. The master plan must be designed to extend 5 years into the future and must be made current at least every 2 years.
κ1981 Statutes of Nevada, Page 727 (CHAPTER 397, SB 21)κ
Sec. 6. The governing board of a regional network of libraries has primary responsibility for, and shall establish policies and procedures to govern, library programs and activities which extend beyond the jurisdiction of any single participating library. These programs and activities include but are not limited to libraries, interlibrary loans, development of data bases and utilization of new technologies for communication among libraries.
Sec. 7. 1. Whenever a participating library seeks a grant of money related to regional services from the state, the Federal Government or another source, it must first submit the request to the governing board of the regional network for review.
2. After review, the governing board of the regional network shall forward the request to the granting agency along with its comments and suggestions for priority. If the request is for a state grant, the granting agency must consider the priority designated by the governing board.
3. The governing board may request and receive gifts or grants of money from the state, the Federal Government or another source for purposes of the regional network. Among requests for state grants, requests from the regional network have priority over requests from participating libraries.
Sec. 8. The governing board of a regional network of libraries may enter into contracts with state agencies for:
1. The administration of grants of money for library purposes; and
2. The provision of library services,
in the region served by the regional network.
________
Senate Bill No. 52Committee on Transportation
CHAPTER 398
AN ACT relating to overweight vehicles; establishing minimum fines and enlarging the jurisdiction of the justices courts; and providing other matters properly relating thereto.
[Approved May 29, 1981]
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] limitation of weight imposed by NRS 484.745 to 484.755, inclusive, and section 2 of [this act,] chapter 111, Statutes of Nevada 1981, [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, and section 2 of this act, must] shall be punished by a fine as specified in the following table:
κ1981 Statutes of Nevada, Page 728 (CHAPTER 398, SB 52)κ
[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
8,501 9,000 ............................................................................................... 275
9,001 9,500 ............................................................................................... 325
9,501 10,000 ............................................................................................... 375
10,00110,500 ............................................................................................... 400
10,50111,000 ............................................................................................... 425
11,00111,500 ............................................................................................... 450
11,50112,000 ............................................................................................... 475
12,001 and over ............................................................................................... 500
2. The maximum fine under this section is $500.]
Pounds of
Excess Weight Fine
1 to 1,500............................................................................................................ $10
1,501 to 2,500...................................................... 1 cent per pound of excess weight
2,501 to 5,000..................................................... 2 cents per pound of excess weight
5,001 to 7,500..................................................... 4 cents per pound of excess weight
7,501 to 10,000 6 cents per pound of excess weight
10,001 and over..................................................... 8 cents per pound of excess weight
2. If the resulting fine is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the fine.
3. The fines provided in this section are mandatory, must be collected immediately upon a determination of guilt, 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 in this section.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute.
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $1,250.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $1,250.
κ1981 Statutes of Nevada, Page 729 (CHAPTER 398, SB 52)κ
the title to or boundaries of the real property, if the damage claimed does not exceed $1,250.
(c) [In] Except as provided in paragraph (k) in actions for a fine, penalty or forfeiture not exceeding $1,250, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $1,250, though the penalty may exceed that sum.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $1,250.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $1,250.
(g) Of actions for the possession of lands and tenements, where the relation of landlord and tenant exists.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the damages claimed do not exceed $1,250.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $1,250.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $1,250.
(k) In actions for a fine imposed for a violation of NRS 484.757.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors, violations of NRS 484.757, and no other criminal offenses except as provided by specific statute.
4. Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 730κ
Senate Bill No. 88Committee on Government Affairs
CHAPTER 399
AN ACT relating to election campaign practices; clarifying requirements for reporting campaign contributions and expenses; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.005, and in sections 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 3. Campaign expenses means all expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other expenditures contracted for or made to further directly the campaign for election of the candidate.
Sec. 4. Contribution means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes the payment by any person other than a candidate of compensation for the personal services of another person which are rendered to a candidate without charge to the candidate.
Sec. 5. NRS 294A.005 is hereby amended to read as follows:
294A.005 [For the purposes of this chapter, candidate includes] Candidate means any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy; or
3. Whose name appears on an official ballot at any election.
Sec. 6. NRS 294A.010 is hereby amended to read as follows:
294A.010 1. Every candidate for state, district, county, city or township office at a [recall, special,] primary or general election shall, not later than:
(a) Fifteen days after the primary election if the candidate wins or 30 days after the primary election if he loses, for the [remaining] period from January 1 of the year of the election up to the primary election;
(b) Fifteen days before the general election, for the period from the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report the total amount of [all of] his campaign contributions on affidavit forms [to be] designed and provided by the secretary of state.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election, report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
κ1981 Statutes of Nevada, Page 731 (CHAPTER 399, SB 88)κ
report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
3. Every candidate for state, district, county, city or township office at a special election to determine whether a public officer shall be recalled shall report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
4. Reports of campaign contributions [shall] must be filed with the officer with whom [he] the candidate filed [his] the declaration of candidacy or acceptance of candidacy. A candidate may mail [his] the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
[3.] 5. Every county clerk who receives from candidates for legislative or judicial office reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state.
[4.] 6. Each contribution, whether from a natural person, association or corporation, in excess of $500, must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the affidavit report form provided by the secretary of state.
[5. As used in this section, contribution means a gift, subscription, pledge, loan, conveyance, deposit, payment, transfer or distribution of money, and includes the payment by any person other than a candidate, of compensation for the personal services of another person which are rendered to a candidate without charge to the candidate.
6.] 7. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 7. NRS 294A.020 is hereby amended to read as follows:
294A.020 1. Every candidate for state, district, county, city or township office at a [recall, special,] primary or general election shall, not later than:
(a) Fifteen days after the primary election if the candidate wins or 30 days after the primary election if he loses, for the [remaining] period from January 1 of the year of the election up to the primary election;
(b) Fifteen days before the general election, for the period from the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report his campaign expenses on affidavit forms [to be] designed and provided by the secretary of state.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report his campaign expenses on affidavit forms designed and provided by the secretary of state.
3. Every candidate for state, district, county, city or township office at a special election to determine whether a public officer shall be recalled shall report his campaign expenses on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
κ1981 Statutes of Nevada, Page 732 (CHAPTER 399, SB 88)κ
at a special election to determine whether a public officer shall be recalled shall report his campaign expenses on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
4. Reports of campaign expenses must be filed with the officer with whom [he] the candidate filed [his] the declaration of candidacy or acceptance of candidacy. A candidate may mail [his] the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
[3.] 5. County clerks who receive from candidates for legislative or judicial office reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.
[4.] 6. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 8. NRS 293.031 is hereby repealed.
________
Senate Bill No. 163Committee on Government Affairs
CHAPTER 400
AN ACT creating the Truckee Meadows committee on ditches and drainage; requiring the committee to study the problem of ditches and drainage in the Truckee Meadows and report to the legislature; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The legislature finds that:
1. The Truckee Meadows in Washoe County was once crisscrossed with irrigation ditches, of which only four major ditches are still used to supply water for agricultural or commercial purposes.
2. Of those ditches which have lost their identity as agricultural ditches, some have collapsed, and others are used only as storm drains but are full of debris and cause flooding.
3. The ditches are owned and individually controlled by a variety of owners, including mutual ditch companies, water users associations and public utilities.
4. The local governments in the Truckee Meadows need a plan to preserve, improve and maintain certain of these ditches as storm drains, and perhaps to relocate certain other ditches in developing a system of storm drains.
Sec. 2. 1. There is hereby created a Truckee Meadows committee on ditches and drainage consisting of:
(a) Three members each from the:
(1) Board of county commissioners of Washoe County;
(2) Governing body of the City of Reno; and
κ1981 Statutes of Nevada, Page 733 (CHAPTER 400, SB 163)κ
(3) Governing body of the City of Sparks,
or their designees, who are appointed to the committee by that board and those bodies.
(b) One member of the senate and one member of the assembly of the Nevada legislature, who are from Washoe County and are appointed to the committee by the legislative commission.
2. The member of the senate who is appointed to the committee is its chairman.
Sec. 3. 1. The committee, in cooperation with water users, ditch owners, Washoe County, the cities of Reno and Sparks and the Carson-Truckee water conservancy district, shall conduct a study of the ditches in the Truckee Meadows and develop a plan to:
(a) Preserve, improve and maintain existing ditches in the Truckee Meadows as storm drains;
(b) Relocate, as necessary, ditches used to supply water, without interfering with the water rights of the users; and
(c) Assist the owners and users of the ditches financially in removing debris from the ditches and installing necessary improvements.
2. The plan must contain a list of necessary projects, estimates of their cost and recommended methods of paying for them.
3. The committee shall report the results of its study, including the plan and any recommended legislation, to the legislative commission before November 1, 1982.
Sec. 4. The board of county commissioners of Washoe County and the governing bodies of the cities of Reno and Sparks are hereby authorized to grant money to the committee, and the committee may expend that money, to pay the necessary costs of the study. Such grants are hereby declared to be governmental expenditures.
________
Senate Bill No. 416Committee on Judiciary
CHAPTER 401
AN ACT relating to the department of prisons; specifically allowing the employment of prisoners on public work projects; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.461 is hereby amended to read as follows:
209.461 1. 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.
κ1981 Statutes of Nevada, Page 734 (CHAPTER 401, SB 416)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] governmental agencies and private employers for the employment of offenders [.] , including their employment on public works projects under contracts with the state and with local governments.
(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.
________
Senate Bill No. 423Committee on Commerce and Labor
CHAPTER 402
AN ACT relating to drugs and poisons; defining words and terms; regulating the administration, dispensing and prescribing of controlled substances and dangerous drugs; revising schedules of controlled substances; pertaining to the issuance, contents and refilling of prescriptions for controlled substances and dangerous drugs; relating to poison control centers; exempting the possession, production, manufacture and sale of certain substances from criminal penalties; repealing certain NRS sections; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 453.041 is hereby amended to read as follows:
453.041 Controlled substance means a drug, substance or immediate precursor [in NRS 453.161 to 453.206,] listed in schedules I to V, inclusive.
Sec. 2. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer the provisions of NRS 453.011 to 453.551, inclusive, and may add substances to or delete or reschedule all substances enumerated in [the schedules in NRS 453.161, 453.171, 453.181, 453.191, and 453.201] schedules I, II, III, IV and V by regulation.
κ1981 Statutes of Nevada, Page 735 (CHAPTER 402, SB 423)κ
453.171, 453.181, 453.191, and 453.201] schedules I, II, III, IV and V by regulation.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under the provisions of NRS 453.011 to 453.551, inclusive.
3. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and issue a regulation controlling the substance if it finds the substance has a potential for abuse.
4. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor [shall not be] are not subject to control solely because they are precursors of the controlled precursor.
5. If any substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under the provisions of NRS 453.011 to 453.551, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which is final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under the provisions of NRS 453.011 to 453.551, inclusive, by the board, control under such sections is stayed until the board publishes its decision.
6. Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.
7. The board shall not include any nonnarcotic substance on any such schedule if [such] that substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.
Sec. 3. NRS 453.216 is hereby amended to read as follows:
453.216 The controlled substances listed or to be listed in [the schedules in NRS 453.161, 453.171, 453.181, 453.191 and 453.201,] schedules I, II, III, IV or V are included by whatever official, common, usual, chemical or trade name designated.
Sec. 4. NRS 453.221 is hereby amended to read as follows:
453.221 The board may adopt regulations and charge reasonable fees relating to the registration and control of the manufacture, distribution, possession, administering, prescribing and dispensing of controlled substances within this state.
κ1981 Statutes of Nevada, Page 736 (CHAPTER 402, SB 423)κ
fees relating to the registration and control of the manufacture, distribution, possession, administering, prescribing and dispensing of controlled substances within this state.
Sec. 5. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every practitioner or other person who manufactures, distributes, possesses, administers, prescribes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, possession, administering, prescribing or dispensing of any controlled substance within this state must obtain biennially a registration issued by the board in accordance with its regulations.
2. Persons registered by the board under the provisions of NRS 453.011 to 453.551, inclusive, to manufacture, distribute, possess, administer, dispense, prescribe or conduct research with controlled substances may possess, manufacture, distribute, administer, dispense, prescribe or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of such sections.
3. The following persons need not register and may lawfully possess and distribute controlled substances under the provisions of NRS 453.011 to 453.551, inclusive:
(a) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment; or
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment [;] .
[(c) An ultimate user or a] 4. A person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance [;] need not register under the provisions of NRS 453.011 to 453.551, inclusive.
[(d) Advanced emergency medical technicians-ambulance, physicians assistants, public health nurses and registered nurses responsible for patients in air and ground ambulances;
(e) Registered nurses who hold certificates from the state board of nursing and certificates from the state board of pharmacy permitting them to possess, administer and dispense controlled substances; or
(f) Any other person or class of persons approved by the board pursuant to regulation.]
5. The persons specified in subsection 2 of NRS 453.375 need not register and may lawfully possess and administer controlled substances under the provisions of NRS 453.011 to 453.551, inclusive.
[4.] 6. The board may waive the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.
[5.] 7. A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, possesses, administers, prescribes or dispenses controlled substances.
[6.] 8. The board may inspect the establishment of a registrant or applicant for registration in accordance with the boards regulation.
κ1981 Statutes of Nevada, Page 737 (CHAPTER 402, SB 423)κ
Sec. 6. NRS 453.231 is hereby amended to read as follows:
453.231 1. The board shall register an applicant to manufacture, distribute, possess, administer, dispense or prescribe controlled substances included in [NRS 453.161, 453.171, 453.181, 453.191 and 453.201,] schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsistent with the public interest.
2. In determining the public interest, the board shall consider the following factors:
(a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(b) Compliance with applicable federal, state and local law;
(c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(d) Past experience in the manufacture, distribution, possession, administering, dispensing and prescribing of controlled substances, and the existence in the applicants establishment of effective controls against diversion;
(e) Furnishing by the applicant of false or fraudulent material in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;
(f) Suspension or revocation of the applicants federal registration to manufacture, distribute, possess, administer or dispense controlled substances as authorized by federal law; and
(g) Any other factors relevant to and consistent with the public health and safety.
3. Registration under subsections 1 and 2 does not entitle a registrant to manufacture, distribute, possess, administer, dispense or prescribe controlled substances in schedules I or II other than those specified in the registration.
4. Practitioners [shall] must be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II to V, inclusive, if they are authorized to dispense or conduct research under the laws of this state.
5. The board need not require separate registration under the provisions of NRS 453.011 to 453.551, inclusive, for practitioners engaging in research with nonnarcotic controlled substances in schedules II to V, inclusive, where the registrant is already registered under the provisions of NRS 453.011 to 453.551, inclusive, in another capacity.
6. Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.
7. Compliance by manufacturers, distributors, dispensers and prescribing practitioners with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under the provisions of NRS 453.011 to 453.551, inclusive.
Sec. 7. NRS 453.232 is hereby amended to read as follows:
453.232 Any person who manufactures, distributes, possesses, administers, prescribes or dispenses a controlled substance without being registered by the board if required by NRS 453.231 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
κ1981 Statutes of Nevada, Page 738 (CHAPTER 402, SB 423)κ
registered by the board if required by NRS 453.231 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
Sec. 8. NRS 453.236 is hereby amended to read as follows:
453.236 1. A registration under NRS 453.231 to manufacture, distribute, possess, administer, dispense or prescribe a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:
(a) Furnished false or fraudulent material information in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;
(b) Been convicted of a violation of any state or federal law relating to any controlled substance or of any felony, or had his registration or license to manufacture, distribute, possess, administer, dispense or prescribe controlled substances revoked in any state;
(c) Had his federal registration suspended or revoked to manufacture, distribute, possess, administer, dispense or prescribe controlled substances;
(d) Surrendered or failed to renew his federal registration;
(e) Ceased to be entitled under state law to manufacture, distribute, possess, administer, dispense or prescribe a controlled substance;
(f) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels;
(g) Failed to keep complete and accurate records of controlled substances purchased, administered or dispensed independent of the individual patients chart or medical record; or
(h) Failed to comply with any provision of this chapter or any of the statutes of the United States, federal regulations, other statutes of the State of Nevada or regulations of the board relating to controlled substances or dangerous drugs.
2. A registrant, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:
(a) Suspending judgment;
(b) Placing the registrant on probation, subject to such terms and conditions as the board deems appropriate;
(c) Suspending the right of a registrant to use a registration or any schedule thereof;
(d) Revoking the registration or any schedule thereof;
(e) Public or private reprimand; or
(f) Imposition of a fine not to exceed $1,000 for each count of the accusation.
Such action by the board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.
3. If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.
κ1981 Statutes of Nevada, Page 739 (CHAPTER 402, SB 423)κ
an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation orders becoming final, all controlled substances may be forfeited to the state.
4. The board shall promptly notify the bureau and division of all orders suspending or revoking registration and the division shall promptly notify the bureau and the board of all forfeitures of controlled substances.
5. A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacists certificate has been suspended or revoked.
Sec. 9. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to import, transport, manufacture, compound, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance or to offer or attempt to be any such act.
2. If any person violates subsection 1 and the controlled substance is classified in [NRS 453.161 or 453.171,] schedule I or II, he shall be punished:
(a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.
(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 15 years and may be further punished by a fine of not more than $20,000 for each offense.
3. The court shall not grant probation to or suspend the sentence of any person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.
4. If any person violates subsection 1, and the controlled substance is classified in [NRS 453.181, 453.191 or 453.201,] schedule III, IV or V, he shall be punished:
(a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 10 years and may be further punished by a fine or not more than $10,000.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 15 years and may be further punished by a fine of not more than $15,000.
κ1981 Statutes of Nevada, Page 740 (CHAPTER 402, SB 423)κ
violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 15 years and may be further punished by a fine of not more than $15,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite period of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000 for each offense.
5. The court shall not grant probation to or suspend the sentence of any person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.
Sec. 10. NRS 453.323 is hereby amended to read as follows:
453.323 1. Any person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in [NRS 453.161 or 453.171] schedule I or II and then sells, supplies, transports, delivers, gives or administers any other substance in place of such controlled substance shall be punished by imprisonment in the county jail for not more than 1 year or in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.
2. The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if he has previously been convicted of any felony offense under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act.
3. Any person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in [NRS 453.181, 453.191 or 453.201] schedule III, IV or V and then sells, supplies, transports, delivers, gives or administers any other substance in place of such controlled substance shall be punished by imprisonment in the county jail for not more than 1 year or in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000 for each offense.
Sec. 11. NRS 453.336 is hereby amended to read as follows:
453.336 1. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.551, inclusive.
2. Except as provided in subsections 3 and 4, any person who violates this section shall be punished:
(a) For the first offense, if the controlled substance is listed in [NRS 453.161, 453.171, 453.181 or 453.191,] schedule I, II, III or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
κ1981 Statutes of Nevada, Page 741 (CHAPTER 402, SB 423)κ
imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) For a second offense, if the controlled substance is listed in [NRS 453.161, 453.171, 453.181 or 453.191,] schedule I, II, III or IV, or if, in the case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, if the controlled substance is listed in [NRS 453.161, 453.171, 453.181 or 453.191,] schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.
(d) For the first offense, if the controlled substance is listed in [NRS 453.201,] schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.
(e) For a second or subsequent offense, if the controlled substance is listed in [NRS 453.201,] schedule V, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
3. Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:
(a) For the first offense:
(1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or
(2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his drivers license suspended for not more than 6 months.
(b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.
(c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.
4. Before sentencing under the provisions of subsection 3, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall do the following:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.
κ1981 Statutes of Nevada, Page 742 (CHAPTER 402, SB 423)κ
as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.
5. Three years after the person has been convicted and sentenced under the provisions of subsection 3, the court may order sealed all records, papers and exhibits in such persons record, minute book entries and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the courts order, if:
(a) The person fulfilled all the terms and conditions imposed by the court and by the parole and probation officer; and
(b) The court, after hearing, is satisfied that the rehabilitation has been attained.
6. Whenever any person who has not previously been convicted of any offense under the provisions of NRS 453.011 to 453.551, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs pleads guilty to or is found guilty under this section of possession of a controlled substance not for the purpose of sale, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
7. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him.
8. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for a second or subsequent convictions under the provisions of NRS 453.011 to 453.551, inclusive.
9. There may be only one discharge and dismissal under this section with respect to any person.
Sec. 12. NRS 453.337 is hereby amended to read as follows:
453.337 1. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to possess for the purpose of sale any controlled substance classified in [NRS 453.161 or 453.171.] schedule I or II.
2. Any person who violates this section shall be punished:
(a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 15 years and may be further punished by a fine of not more than $5,000.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 5 years nor more than 15 years and may be further punished by a fine of not more than $10,000.
κ1981 Statutes of Nevada, Page 743 (CHAPTER 402, SB 423)κ
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 15 years and may be further punished by a fine of not more than $20,000 for each offense.
3. The court shall not grant probation to or suspend the sentence of any person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.
Sec. 13. NRS 453.338 is hereby amended to read as follows:
453.338 1. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to possess for the purpose of sale any controlled substance classified in [NRS 453.181, 453.191 or 453.201.] schedule III, IV or V.
2. Any person who violates this section shall be punished:
(a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Sustances Act, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.
3. The court shall not grant probation to or suspend the sentence of any person convicted of violating this section and punishable under paragraph (b) or (c) of subsection 2.
Sec. 14. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to 453.531, inclusive [, physician,] :
1. Medical intern means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
2. Physician, dentist, podiatrist, veterinarian and pharmacist mean persons authorized by a currently valid license to practice their respective professions in this state [.] who are registered with the board.
Sec. 15. NRS 453.375 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 744 (CHAPTER 402, SB 423)κ
453.375 A controlled substance may be possessed and administered by [:] the following persons:
1. If registered by the board:
(a) A practitioner.
(b) A physicians assistant at the direction of his supervising physician.
(c) A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer controlled substances.
2. Without being registered with the board:
[2.] (a) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:
[(a)] (1) From an original container which has been furnished as floor or ward stock;
[(b)] (2) From a container dispensed by a registered pharmacist pursuant to a prescription; or
[(c)] (3) Furnished by a practitioner.
[3. A physicians assistant at the direction of a physician.]
[4.] (b) An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
[5.] (c) A respiratory therapist, at the direction of a physician.
[6.] (d) A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
[(a)] (1) In the presence of a physician or a registered nurse; or
[(b)] (2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.
A medical student or student nurse may administer a controlled substance in the presence or under the supervison of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
[7.] (e) [An] A medical intern in the course of his internship.
[8. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to administer controlled substances.
9. Any other person or class of persons approved by the board pursuant to regulation.]
(f) An ultimate user as defined in this chapter.
Sec. 16. NRS 453.377 is hereby amended to read as follows:
453.377 A controlled substance may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner.
2. A practitioner, or a physicians assistant [,] if authorized by the board.
3. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board.
4. [An] A medical intern in the course of his internship.
5. [An] A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.
κ1981 Statutes of Nevada, Page 745 (CHAPTER 402, SB 423)κ
board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.
Sec. 17. NRS 453.381 is hereby amended to read as follows:
453.381 1. A physician, dentist or podiatrist may prescribe, administer or dispense controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he is prohibited from prescribing, administering or dispensing controlled substances listed in schedule II for himself, his spouse or children except in cases of emergency.
2. [Each prescription for a controlled substance listed in schedule II must be written on a separate prescription blank.
3.] A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess, administer [,] and dispense controlled substances, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
[4.] 3. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the course of the professional practice of a physician, dentist, podiatrist or veterinarian.
4. Any person who has obtained from a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of the physician, dentist, podiatrist or veterinarian shall return to the physician, dentist, podiatrist or veterinarian any unused portion of the substance when it is no longer required by the patient.
Sec. 18. NRS 453.385 is hereby amended to read as follows:
453.385 1. Each prescription for a controlled substance must be written on a separate prescription blank or as an order on the chart of a patient.
2. A prescription must contain:
(a) The name [and address of the practitioner;] of the practitioner, and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) His registration number from the Drug Enforcement Administration;
(d) The name [and address of the patient;] of the patient, and his address if not immediately available to the pharmacist;
(e) The name, strength and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
[2.] 3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 19. NRS 453.411 is hereby amended to read as follows:
453.411 1. It is unlawful for any person knowingly to use or be under the influence of a controlled substance except in accordance with a prescription issued to such person by a physician, podiatrist or dentist.
2. It is unlawful for any person knowingly to use or be under the influence of a controlled substance except when administered to such person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.
κ1981 Statutes of Nevada, Page 746 (CHAPTER 402, SB 423)κ
person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.
3. Any person who violates this section shall be punished:
(a) If the controlled substance is listed in [NRS 453.161, 453.171, 453.181 or 453.191,] schedule I, II, III, or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) If the controlled substance is listed in [NRS 453.201,] schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.
Sec. 20. NRS 453.461 is hereby amended to read as follows:
453.461 Except as provided in NRS 453.451, a prescription which bears specific authorization to refill, given by the practitioner at the time he issued the original prescription, may be refilled in the pharmacy in which it was originally filled, for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use; but in no case may the prescription be refilled after 6 months have elapsed from the date it was originally [filled.] issued.
Sec. 21. NRS 453.471 is hereby amended to read as follows:
453.471 Except as provided in NRS 453.451, a prescription which bears authorization, permitting the pharmacist to refill the prescription as needed by the patient, may be refilled in keeping with the number of doses ordered and the directions for use within 6 months from the date it was originally [filled.] issued.
Sec. 22. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Medical intern means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
Sec. 23. NRS 454.130 is hereby amended to read as follows:
454.130 [Printed notice of all additions to the schedule of poisons set forth in NRS 454.010 to 454.170, inclusive, and the antidote adopted by the board for such poisons shall be given to all registered pharmacists with the next following renewal of their certificates.] Each pharmacy must have available for the information of the public the telephone number of the closest poison control center.
Sec. 24. NRS 454.181 is hereby amended to read as follows:
454.181 Definitions of words and terms in NRS 454.191, 454.201, [and] 454.211 and section 22 of this act apply only to NRS 454.181 to 454.371, inclusive.
Sec. 25. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be administered by:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
κ1981 Statutes of Nevada, Page 747 (CHAPTER 402, SB 423)κ
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a practitioner.
3. A physicians assistant at the direction of [a] his supervising physician.
4. An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
5. A respiratory therapist, at the direction of a physician.
6. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
7. [An] A medical intern in the course of internship.
8. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to administer dangerous drugs.
[9. Any other person or class of persons approved by the board pursuant to regulation.]
Sec. 26. NRS 454.215 is hereby amended to read as follows:
454.215 A dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner.
2. A practitioner, or a physicians assistant [,] if authorized by the board.
3. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board.
4. [An] A medical intern in the course of his internship.
5. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs.
Sec. 27. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.
2. The previsions of this section do not apply to the furnishing of any dangerous drug by:
(a) A practitioner [or a physicians assistant if authorized by the board] to his own patients as provided in NRS 454.301;
(b) A physicians assistant if authorized by the board;
(c) A registered nurse while participating in a public health program approved by the board, or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer or dispense dangerous drugs; or
κ1981 Statutes of Nevada, Page 748 (CHAPTER 402, SB 423)κ
pharmacy permitting him to possess and administer or dispense dangerous drugs; or
[(c)] (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
Sec. 28. NRS 454.223 is hereby amended to read as follows:
454.223 1. Each prescription for a dangerous drug must be written on a separate prescription blank or as an order on the chart of a patient.
2. A prescription must contain:
(a) The name [and address of the practitioner;] of the practitioner, and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) [His registration number from the Drug Enforcement Administration;
(d) The name and address of the patient;
(e)] The name of the patient, and his address if not immediately available to the pharmacist;
(d) The name, strength and quantity of the drug or drugs prescribed;
[(f)] (e) Directions for use; and
[(g)] (f) The date of issue.
[2.] 3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 29. NRS 454.286 is hereby amended to read as follows:
454.286 1. Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any practitioner who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.
2. Such records must be retained for a period of [2] 5 years and are open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration. No special form of record is required if an accurate accountability can be furnished within a reasonable time after a demand by a person authorized to inspect such records.
3. Invoices showing all purchases of dangerous drugs constitute a complete record of all dangerous drugs received.
4. For the purpose of this section, the prescription files of a pharmacy constitute a record of the disposition of all dangerous drugs.
Sec. 30. NRS 454.291 is hereby amended to read as follows:
454.291 1. All stock and records of purchase and disposition of any dangerous drug of a manufacturer, wholesaler, pharmacy, practitioner, hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to its members are at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the board, inspectors of the Food and Drug Administration, and agents and commissioners appointed under chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act.
κ1981 Statutes of Nevada, Page 749 (CHAPTER 402, SB 423)κ
Food, Drug and Cosmetic Act. Such records must be preserved for at least [2] 5 years from the date of making.
2. Any person who fails, neglects or refuses to maintain such records or who, when called upon by an authorized officer to produce such records, fails, neglects or refuses to produce such records, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.
Sec. 31. NRS 454.301 is hereby amended to read as follows:
454.301 1. [The provisions of NRS 454.181 to 454.371, inclusive, do not apply to a] A practitioner who dispenses drugs and who personally furnishes his own patients with such drugs as are necessary in the treatment of the condition for which he attends such patient [, if:] may do so without writing a prescription if:
(a) He keeps accurate records, as required by NRS 454.286, of all drugs so furnished;
(b) The drugs so furnished are clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use, the name and strength and the expiration date of the effectiveness of the drug, if such information is required on the original label of the manufacturer of such drug; and
(c) Such drugs are not dispensed or furnished by a nurse or attendant.
2. A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of such rancher or dealer, and when furnishing such drugs the veterinarian is not required to comply with the provisions of subsection 1.
Sec. 32. NRS 454.351 is hereby amended to read as follows:
454.351 1. Any person within this state who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act is guilty of a misdemeanor.
2. The provisions of this section do not apply [to] :
(a) To physicians licensed to practice in this state who have been authorized by the Food and Drug Administration to possess experimental drugs for the purpose of conducting research to evaluate the effectiveness of such drugs and who maintain complete and accurate records of the use of such drugs and submit clinical reports as required by the Food and Drug Administration.
(b) To any substance which has been licensed by the state board of health for manufacture in this state but has not been approved as a drug by the Food and Drug Administration. The exemption granted in this paragraph does not grant authority to transport such a substance out of this state.
Sec. 33. NRS 454.490 is hereby amended to read as follows:
454.490 1. All sales of hypodermic devices sold without prescription must at the time of sale be recorded by the person making the sale. The record must show the date, the name and address of the purchaser, the size, type and quantity of devices sold, the name or initials of the person making the sale and the purpose for which the device is to be used.
κ1981 Statutes of Nevada, Page 750 (CHAPTER 402, SB 423)κ
used. It is the responsibility of the seller to ascertain, to his satisfaction, that the device is to be legitimately used for the purpose stated by the purchaser. The record must be retained for [3] 5 years from the date of the last entry thereon and must be open to inspection by authorized officers of the law acting in their official capacity.
2. The recording of sales required by this section does not apply to the sale of hypodermic devices by manufacturers, wholesalers, pharmacies or persons holding retail hypodermic permits, not otherwise limited, when such sales are made to other manufacturers, wholesalers or pharmacies, or to practitioners, hospitals, registered nurses or other holders of permits.
3. The provisions of subsections 1 and 2 do not apply to a physician, dentist or veterinarian when furnishing a hypodermic device to a patient for use in the treatment of the patient.
Sec. 34. NRS 453.161, 453.171, 453.181, 453.191, 453.201, 453.491, 454.120, 454.140 and 454.256 are hereby repealed.
Sec. 35. NRS 639.0055 is hereby amended to read as follows:
639.0055 Controlled [substances] substance means a drug, substance or immediate precursor [enumerated in NRS 453.161 to 453.206, inclusive.] controlled pursuant to chapter 453 of NRS.
Sec. 36. NRS 639.286 is hereby amended to read as follows:
639.286 Regulations officially adopted by the board under the powers granted by NRS 454.110 [, 454.120] and 639.073 as [such] those regulations apply to the restricted sale of drugs and the sale or labeling of poisons apply to all persons alike and [shall] have the force and effect of law. Violation of [such] those regulations is [punishable as] a misdemeanor.
Sec. 37. Unless and until removed therefrom by regulation of the state board of pharmacy, every substance listed in schedules I to V, inclusive, which appear correspondingly in former NRS 453.161, 453.171, 453.181, 453.191 or 453.201 shall be deemed to have been placed there by legislative rather than administrative action.
Sec. 38. This act shall become effective upon passage and approval for the purpose of authorizing the adoption of any appropriate regulations by the state board of pharmacy, and for all other purposes on July 1, 1981.
Sec. 39. Section 17 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 751κ
Senate Bill No. 454Committee on Judiciary
CHAPTER 403
AN ACT relating to elections; transferring to the legislative branch of government the responsibility for preparing the ballot questions and explanations for bills and resolutions proposing constitutional amendments and statewide measures; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, first committee of reference means the committee to which a bill or joint resolution was first referred in the house of the legislature into which it was introduced.
2. Upon request from the first committee of reference, the legal and research divisions of the legislative counsel bureau shall prepare, for any proposed constitutional amendment or statewide measure which, if approved by the legislature, would be submitted to a vote of the people:
(a) A condensation of the proposal into a question to be placed on the ballot; and
(b) An explanation of the proposal, including arguments for and against it.
3. The condensation and explanation must be of reasonable length and written in easily understood language.
4. After the bill or joint resolution has been approved by both houses of the legislature, the first committee of reference shall request the preparation of the condensation and explanation, if it has not already done so, and shall review the draft and approve such changes as it deems necessary.
5. The first committee of reference shall then submit the condensation and explanation, in the form of a simple resolution, to the members of the house in which the proposed constitutional amendment or statewide measure was introduced. After that resolution is approved, it must be entered in the journal in its entirety and the enrolled resolution delivered to the secretary of state to accompany the bill or joint resolution to which it relates.
6. If the legislature adjourns before the procedures set forth in subsections 4 and 5 have been completed, the legislative commission shall review, revise and approve the condensation and explanation for delivery to the secretary of state on or before April 1 of the year in which the general election is to be held.
7. In the case of a joint resolution which proposes a constitutional amendment, the condensation and explanation must be treated in the same manner when the proposal is before the legislature for its second approval as when the proposal was first approved.
8. The legislative counsel bureau shall distribute copies of the condensations and explanations to members of the legislature, public libraries, newspapers and broadcasters.
κ1981 Statutes of Nevada, Page 752 (CHAPTER 403, SB 454)κ
Sec. 2. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
2. He shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which shall be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
[(c) A] 3. He shall place the condensation of each proposed constitutional amendment or statewide measure [into a question. Each condensation shall be placed nearest] near the spaces or devices for indicating the voters choice.
[(d) An] 4. The explanation [, to be included on all sample ballots,] of each proposed constitutional amendment or statewide measure, including arguments for and against it [.] , must be included on all sample ballots.
[3.] 5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum [shall] must be prepared by the secretary of state, upon consultation with the attorney general. [and the legislative counsel,] They must be in easily understood language and of reasonable length, and whenever feasible [shall] must be completed by April 1 of the year in which the general election is to be held.
[4.] 6. The names of candidates for township and legislative or special district offices [shall] must be printed only on the ballots furnished to voters of such township or district.
[5.] 7. County clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
Sec. 3. NRS 293.253 is hereby amended to read as follows:
293.253 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the [explanation] copies of the condensations and explanations prepared pursuant to NRS 293.250 [.] and section 1 of this act.
2. Whenever feasible, he shall provide [such] these copies on or before the 1st Monday in August of the year in which [such] the proposals will appear on the ballot. Copies of any additional proposals [shall] must be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of any such constitution, amendment or measure and its condensation and explanation to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the 1st Monday in October.
κ1981 Statutes of Nevada, Page 753 (CHAPTER 403, SB 454)κ
times at intervals of not less than 7 days, the first publication to be on or before the 1st Monday in October. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. When a copy is furnished by the secretary of state too late to be published at 7-day intervals, it [shall] must be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions and explanations of proposed constitutions, constitutional amendments or statewide measures is a charge against the state and [shall] must be paid from the reserve for statutory contingency fund upon recommendation by the secretary of state and approval by the state board of examiners.
________
Senate Bill No. 464Committee on Commerce and Labor
CHAPTER 404
AN ACT relating to small loan companies; simplifying the annual reports made to the superintendent; abolishing the requirement that the superintendent publish a composite of the annual reports; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 675.260 is hereby amended to read as follows:
675.260 1. Annually, on or before April 15, each licensee shall file with the superintendent a report of operations of the licensed business for the preceding calendar year.
2. [Such report shall 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, and court actions undertaken to effect collection.
3. Such report shall] The report must be made under oath and [shall] must be in the form and contain information prescribed by the superintendent.
[4.] 3. If any person or affiliated group holds more than one license in the state, [they] it may file a composite annual report. [, provided that a short form of report applicable to each licensed office accompanies such composite.]
Sec. 2. NRS 675.270 is hereby repealed.
________
κ1981 Statutes of Nevada, Page 754κ
Senate Bill No. 65Senators Faiss and Echols
CHAPTER 405
AN ACT to amend an act entitled An Act incorporating the City of North Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 26, 1971, as amended.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5.010 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1223, is hereby amended to read as follows:
Sec. 5.010 General municipal elections.
1. On the Tuesday after the 1st Monday in June [1975,] 1981, and at each successive interval of [2] 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a municipal judge, who shall hold office for a period of [2] 4 years and until his successor has been elected and qualified.
2. On the Tuesday after the 1st Monday in June 1977, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor and two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
3. On the Tuesday after the 1st Monday in June 1975, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 2. This act shall become effective upon passage and approval. It first applies to the municipal judge elected at the primary election on May 5, 1981, by virtue of receiving a majority of the total votes cast for that office.
________
Senate Bill No. 462Committee on Commerce and Labor
CHAPTER 406
AN ACT relating to the superintendent of banks; increasing assorted fees; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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:
κ1981 Statutes of Nevada, Page 755 (CHAPTER 406, SB 462)κ
(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) 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] 10 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 money collected under this section must be paid into the state general fund.
Sec. 2. NRS 671.050 is hereby amended to read as follows:
671.050 1. Every application for a license required under this chapter [shall] must be in writing, signed by the applicant, and in the form prescribed by the superintendent.
2. The application [shall] must contain:
(a) The name and principal business address of the applicant and, if incorporated, the date and place of its incorporation;
(b) The name and address of each of the applicants branch offices, subsidiaries or affiliates, if any, which will be operated under the license;
(c) The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of the applicants stock; and
(d) Such other pertinent information as the superintendent requires.
3. The application [shall] must be accompanied by:
(a) A surety bond or securities as required by this chapter; and
(b) A certified financial statement, satisfactory to the superintendent, showing that the applicants net worth exceeds $100,000, unless the applicants surety bond or securities is in at least twice the minimum principal sum required by NRS 671.100; and
(c) A license fee of [$100] $200 which is refundable if the application for the license is denied and an investigation fee of $100 which is nonrefundable.
Sec. 3. NRS 671.070 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 756 (CHAPTER 406, SB 462)κ
671.070 1. A license issued pursuant to this chapter expires 1 year after the date of its issuance, unless it is earlier surrendered, suspended or revoked.
2. The license may be renewed from year to year upon the approval of the superintendent if the licensee files an application conforming to the requirements for an initial application at least 60 days before the expiration of his current license.
3. An application for the renewal of the license [shall] must be accompanied by a fee of [$100.] $200. No investigation fee may be charged for the renewal of the license.
Sec. 4. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable investigation fee of $100 must accompany each new application for a collection agency license.
2. A fee of [$100] $300 must be charged for each collection agency license issued and [$50] $150 for each annual renewal of such a license.
3. A fee of $10 must be charged for each duplicate or location transfer license issued.
4. A nonrefundable investigation fee of $75 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 must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 must be charged for the reinstatement of a managers certificate.
7. [A registration fee of $10 must accompany each application for the registration of an employee of a collection agency.
8.] A fee of $5 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the superintendent for good cause shown.
[9.] 8. For each examination the superintendent shall charge and collect form the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the examination report, but the total fee must not exceed $800 for any regular examination or investigation unless some irregularity is disclosed during the course of 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 the irregularity at a reasonable rate for each man-hour so required.
[10.] 9. All money received by the superintendent under this chapter 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. 5. NRS 649.345 is hereby amended to read as follows:
649.345 1. Each licensed collection agency shall file with the superintendent [a semiannual] an annual written report [, one] in January, [and one in July,] signed and sworn to by its manager. Such report [shall] must include:
(a) The total sum of money due to all creditors as of the close of the last business day of the preceding month.
κ1981 Statutes of Nevada, Page 757 (CHAPTER 406, SB 462)κ
(b) The total sum on deposit in customer trust fund accounts and available for immediate distribution as of the close of the last business day of the preceding month, the title of the trust account or accounts, and the name of the bank or banks where the moneys are deposited.
(c) The total amount of creditors or forwarders share of moneys collected [in excess of] more than 60 days [prior to the close of] before the last business day of the preceding month and not remitted by [such] that date.
(d) When the total sum under paragraph (c) exceeds $10, the name of each creditor or forwarder and the respective share of each in [such] that sum.
(e) Such other information, audit or reports as the superintendent may require.
2. The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agencys license or the managers certificate, or both.
Sec. 6. NRS 675.100 is hereby amended to read as follows:
675.100 1. At the time of making the application, the applicant shall pay to the superintendent [the sum of ] $100 as a fee for investigating the application, and [the sum of $200] $500 as a license fee when granted for the period ending on the last day of the current calendar year.
2. If the license is granted after June 30 in any year the license fee [shall be] is $100.
Sec. 7. NRS 675.140 is hereby amended to read as follows:
675.140 On or before December 20 of each year, each licensee shall pay to the superintendent [the sum of $200] $500 for each license held by him as a license fee for the succeeding calendar year.
Sec. 8. NRS 649.255, 649.265, 649.275 and 649.285 are hereby repealed.
________
Senate Bill No. 518Committee on Government Affairs
CHAPTER 407
AN ACT relating to county fire departments; removing limitations on the boundaries of their service area; providing for the dissolution of county fire protection districts whenever they are included within the territory of the fire departments; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.2965 is hereby amended to read as follows:
244.2965 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.
κ1981 Statutes of Nevada, Page 758 (CHAPTER 407, SB 518)κ
2. [In any county which has a population of more than 250,000, the] 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. 2. Chapter 474 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A board of county commissioners shall dissolve any fire protection district created pursuant to the provisions of this chapter whenever all the territory within the district is included within the boundaries of the service area of a county fire department. No petition or election is required for the dissolution of a district pursuant to this section.
________
Assembly Bill No. 666Committee on Commerce
CHAPTER 408
AN ACT relating to architects; changing registration from annual to biennial and making various other administrative changes; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 623.015 is hereby amended to read as follows:
623.015 As used in this chapter, unless the context otherwise requires:
1. Architect means any person who engages in the practice of architecture.
2. Board means the Nevada state board of architecture.
κ1981 Statutes of Nevada, Page 759 (CHAPTER 408, AB 666)κ
3. Certificate of registration means the certificate of [annual] registration issued by the board to an architect or to a residential designer.
4. The practice of architecture consists of holding out to the public, and rendering [,] or offering to render, services embracing the scientific, esthetic and orderly coordination of all the processes which enter into the production of a completed building, performed through the medium of plans, specifications, administration of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.
5. The practice of residential design consists of preparing the necessary instruments of service, including drawings and specifications, for:
(a) Single-family dwelling units; and
(b) Multifamily dwelling structures composed of not more than four dwelling units in each structure and not exceeding two stories in height.
6. Residential designer means any person who engages in the practice of residential design and holds a certificate and seal issued by the board.
Sec. 2. NRS 623.070 is hereby amended to read as follows:
623.070 1. Each member of the board is entitled to receive from the money of the board:
(a) A salary of not more than [$40] $50 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed [$40] $50 per day, and actual expenses for transportation, while on business of the board.
2. The secretary and treasurer of the board [shall] are entitled to be paid a salary out of the money of the board in an amount to be determined by the board.
Sec. 3. NRS 623.180 is hereby amended to read as follows:
623.180 1. No person may practice architecture, or use the title of architect, or practice residential design, or use the title of residential designer, in [the State of Nevada] this state without having a certificate issued to him under the provisions of this chapter.
2. Whenever the [provisions and] requirements for registration under the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect or residential designer. If the certificate is to be issued after the beginning of a biennium but before 1 year of the biennium has passed, the applicant shall pay the full fee which is prescribed for the biennium, but if 1 year or less of the biennium remains, the applicant shall pay only one-half of the fee prescribed for the biennium.
3. The certificate shall be synonymous with registration with a serial number and seal. Any person who is issued a certificate may practice architecture or residential design in this state, subject to the provisions of this chapter and the [rules and] regulations of the board.
4. The unauthorized use or display of a certificate of registration is unlawful.
Sec. 4. NRS 623.250 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 760 (CHAPTER 408, AB 666)κ
623.250 1. Each architect or residential designer holding a certificate of registration under the provisions of this chapter shall, before or during the month of [each] December of each odd-numbered year preceding [the year such holder shall desire] a biennium during which he desires to continue the practice of architecture or residential design, submit a renewal fee provided for by this chapter, for a renewal of [such] the certificate.
2. Upon receipt of a renewal fee, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration [has been and] is renewed for the term of [1 year.] the biennium. The certificate renewal card [shall] must bear a serial number [,] and the signature or a facsimile thereof of the secretary of the board and [shall] must be sealed with the seal of the board.
3. Such renewal [shall be duly] must be recorded, together with its serial number, by the secretary of the board in the official register of the board as provided for in NRS 623.230.
Sec. 5. NRS 623.310 is hereby amended to read as follows:
623.310 The board shall, by regulation, adopt a fee schedule which may not exceed the following:
For an examination for a certificate...................................... [$100.00] $125.00
For rewriting an examination or a part or parts failed.......... [100.00] 125.00
For a certificate of registration............................................................. 100.00
For [an annual] renewal of a certificate................................... [50.00] 100.00
For the restoration of an expired certificate....................................... 100.00
For the restoration of a certificate which has been revoked........... 200.00
For change of address........................................................................... 5.00
For replacement of a certificate............................................................ 30.00
For application forms............................................................................. 5.00
For photostatic copies, each sheet..................................................... .25
________
Assembly Bill No. 383Assemblyman Prengaman
CHAPTER 409
AN ACT relating to the MX missile project; requiring agencies of the Federal Government which are involved with the project to share certain information with state agencies; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. The Nevada legislature hereby declares its policy to assist federal agencies in carrying out their constitutional, statutory and regulatory responsibilities to consult and coordinate with state agencies on matters relating to the states economy, its environment and to planning for the use and conservation of public and private land in the state.
κ1981 Statutes of Nevada, Page 761 (CHAPTER 409, AB 383)κ
on matters relating to the states economy, its environment and to planning for the use and conservation of public and private land in the state.
2. For these purposes, the legislature hereby establishes a procedure for the timely communication of information as the development of projects relating to the MX missile system proceeds, specifying the kind of information which must be provided and the requirements which must be met to permit state agencies effectively to participate in evaluating the effects of the proposed missile project and help fulfill the responsibilities of federal agencies to provide for public involvement in their deliberations concerning these projects.
Sec. 2. As used in this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Federal agency means every agency or subdivision of the government of the United States which is responsible for or is involved in planning, beginning, approving, constructing, or alleviating the economic or environmental effects of any project relating to the development of the MX missile system.
Sec. 4. Project means every project activity or proposal related to the planning, preparation or construction of facilities designed or intended for location for the MX missile system within this state.
Sec. 5. The provisions of this act apply to each federal agency whenever it is responsible for or involved in a project which anticipates:
1. A need for access to, permits for the use of, condemnation of, or rights of way over lands subject to the jurisdiction of this state;
2. Any use of sources of water within the boundaries of this state;
3. Any federal acquisition of state or private land by purchase or eminent domain, or any withdrawal of federal lands from existing uses;
4. Any changes in existing uses of federal lands that will, in any material respect, result in changes in actual or anticipated uses of state or private lands; or
5. Any major increase in expenses likely to be incurred by any political or governmental entity or subdivision of this state.
Sec. 6. Each federal agency shall, before the preparation of a final environmental impact statement or the making of any final decision regarding the project, prepare and provide to the governor for transmission to appropriate state agencies and officials a statement which:
1. Identifies for purposes of consultation and coordination the officials of the federal agency who determine any matters relating to a project.
2. Describes:
(a) The anticipated schedule by which the determinations will be made;
(b) Any available procedures for public presentations or hearings on these matters;
(c) Any available procedures for adjudication of any disputed facts; and
(d) The primary purposes and features of a proposed project of sufficient specificity to provide a full understanding of all anticipated demands upon any land and water in the state, including:
κ1981 Statutes of Nevada, Page 762 (CHAPTER 409, AB 383)κ
(1) A reasonably detailed explanation of any significant environmental effects that may result from the proposed project and the probability that those effects will occur if the project is undertaken.
(2) A brief explanation of all permits, licenses, or other forms of permission which the agency expects to seek from any state agency.
3. Indicates how a proposed project might conflict with or adversely affect any plans for the use, conservation or environmental protection of:
(a) State or private land or water within Nevada which has been filed with the Nevada MX project coordinator; and
(b) Federal land adopted or proposed in any federal land management plan,
and describes how the federal agency plans to lessen those effects.
4. An analysis of the financial effects of any project which separately or cumulatively can reasonably be expected to add in any fiscal year more than 10 percent to the expenditures of any state agency or political subdivision for providing services and performing functions at the same level of service and performance as before the project began. This analysis must include:
(a) All sources of authority to spend money and the amounts available and committed to meet the additional expenses resulting from the project; and
(b) Any plans for obtaining money or providing means by which these additional expenses can be met if the project is undertaken.
Sec. 7. If comment by a state official, agency or political subdivision related to a project identifies any conflicts with or adverse effects upon state plans governing the use, conservation or environmental protection of state or private land or water, or which identifies disputed facts material to the effect of the project upon those lands or water, the federal agency, before the final preparation and distribution of any environmental impact statement and before making any final decision on the project, shall:
1. Provide the governor of this state and the state agency which provided the comment a further statement which describes any plan the federal agency may have for reducing any conflicts or adverse effects identified by the comment and describe what procedures exist to permit the state agency to participate in the administration of the plan; and
2. Provide an explanation of any procedure it proposes to use in determining any disputed facts relating to the effect of the proposed project upon state land, water and other resources or shall state whether it agrees to a procedure for the determination of these facts.
Sec. 8. The attorney general of the State of Nevada shall take any legal action necessary to compel compliance with the provisions of this act and with all other state and federal laws applicable to any project.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 763κ
Assembly Bill No. 512Committee on Government Affairs
CHAPTER 410
AN ACT relating to community redevelopment; authorizing redevelopment agencies to construct buildings for governmental use; clarifying taxing provisions; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 279.486 is hereby amended to read as follows:
279.486 NRS 279.382 to 279.680, inclusive, do not authorize an agency to construct or rehabilitate any of the buildings for residential, commercial, industrial or other use, except a governmental use, contemplated by the redevelopment plan. NRS 279.382 to 279.680, inclusive, do not authorize an agency to sell, lease, grant or donate public property to a housing authority or to any public agency for low-rent public housing projects.
Sec. 2. NRS 279.630 is hereby amended to read as follows:
279.630 1. No real or personal property, or any interest therein, acquired or constructed in whole or in part with money from the redevelopment revolving fund may be sold or leased for an amount less than its fair market value for uses in accordance with the redevelopment plan as determined by resolution or ordinance of the legislative body.
2. All money received by the agency from the sale, lease or encumbering of property acquired with money from the redevelopment revolving fund in excess of the money required to repay the loans and interest thereon authorized by NRS 279.382 to 279.680, inclusive, [shall] must be redeposited in the fund.
3. If any property acquired in whole or in part from the redevelopment revolving fund is to be sold or leased by the agency, the sale or lease [shall] must be first approved by the legislative body by resolution adopted after public hearing. Notice of the time and place of the hearings [shall] must be published once in [the official] a newspaper of the community at least 1 week [prior to] before the hearing. The resolution [shall] must be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for such purpose.
4. All other provisions of NRS 279.382 to 279.680, inclusive, that relate to financing are subject to this section. [Nothing contained in such sections shall authorize an agency to construct any buildings.]
Sec. 3. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, [shall] must be divided as follows:
[1.] (a) 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 [such] the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of [such] the property by [such] the taxing agency, last equalized [prior to] before the effective date of [such] the ordinance, [shall] must be allocated to and when collected [shall] must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid.
κ1981 Statutes of Nevada, Page 764 (CHAPTER 410, AB 512)κ
roll used in connection with the taxation of [such] the property by [such] the taxing agency, last equalized [prior to] before the effective date of [such] the ordinance, [shall] must be allocated to and when collected [shall] must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. For the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of [such] the ordinance but to which [such] the territory has been annexed or otherwise included after [such] the effective date, the assessment roll of the county last equalized on the effective date of [such ordinance shall] the ordinance must be used in determining the assessed valuation of the taxable property in the project on [such] the effective date.
[2.] (b) That portion of [such] the levied taxes each year in excess of [such amount shall] that amount must be allocated to and when collected [shall] must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, [moneys] money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by [such] the redevelopment agency to finance or refinance, in whole or in part, [such] the redevelopment project. Unless [and until] the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in [such] the project as shown by the last equalized assessment roll referred to in [subsection 1,] paragraph (a), all of the taxes levied and collected upon the taxable property in [such] the redevelopment project [shall] 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 [moneys] money thereafter received from taxes upon the taxable property in [such] the redevelopment project [shall] must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 4. Section 16 of Senate Bill No. 411 of the 61st session of the Nevada legislature is hereby amended to read as follows:
Sec. 16. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
(a) 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 redevelopment project 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 such taxing agencies on all other property are paid.
κ1981 Statutes of Nevada, Page 765 (CHAPTER 410, AB 512)κ
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 such taxing agencies on all other property are paid. For the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the project on the effective date.
(b) That portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project 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 the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. Taxes ad valorem distributable to the agency entitle the agency to a share of supplemental city-county relief tax allocated to the municipality in the same proportion as the supplemental city-county relief tax payable to the municipality as a whole bears to the total of the ad valorem taxes receivable by the municipality including those received for the agency.
3. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 5. NRS 279.680 is hereby amended to read as follows:
279.680 In any redevelopment plan, or in the proceedings for the advance of [moneys,] money, or making of loans, or the incurring of any indebtedness, whether funded, refunded, assumed or otherwise, by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project, the portion of taxes mentioned in [subsection 2] paragraph (b) of subsection 1 of NRS 279.676 may be irrevocably pledged for the payment of the principal of and interest on [such] those loans, advances or indebtedness.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 766κ
Senate Bill No. 463Committee on Commerce and Labor
CHAPTER 411
AN ACT relating to banks; authorizing the superintendent to set limitations on loans made by a bank to its employees, officers or directors and establish requirements for reporting these loans; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 662.145 is hereby amended to read as follows:
662.145 1. Subject to the limitations of NRS 662.155, the total outstanding loans of any bank to any person, company, corporation or firm, including in the loans to any unincorporated company or firm the loans to the several members thereof, [shall] may not at any time exceed 25 percent of the capital and surplus of [such] the bank, actually paid in; but the discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and a discount or purchase of commercial or business paper, actually owned by the persons, [shall] must not be considered as money loaned.
2. Neither the limitation on loans by banks contained in this section nor any other similar limitations contained in any law of this state relating to banks or banking apply to any loan or loans made by any bank to the extent that they are secured or covered by guarantees or by commitments or agreements to take over or to purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board, commission or establishment of the United States, including any corporation wholly owned, directly or indirectly, by the United States.
3. The superintendent may establish limitations on loans made by a bank to its directors, officers or employees and may establish requirements for the reporting of these loans.
Sec. 2. NRS 668.035 is hereby repealed.
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Assembly Bill No. 189Assemblymen Dini, Mello, Schofield, Jeffrey, DuBois, Redelsperger, Craddock and Polish
CHAPTER 412
AN ACT relating to public borrowing and bonds; providing for a municipal bond bank in the office of the state treasurer; granting powers to and imposing duties upon the bank; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 30 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 21, inclusive, of this act.
κ1981 Statutes of Nevada, Page 767 (CHAPTER 412, AB 189)κ
Sec. 2. The legislature finds that:
1. It is in the public interest to foster and promote the protection and preservation of the property and natural resources of the State of Nevada, and to obtain the benefits thereof; and that the state should encourage and assist municipalities in undertaking local projects for such purposes by making loans to municipalities which might not be otherwise available or which might be available only at prohibitive interest rates; and
2. The making of such loans and the issuing of state securities therefor as general obligations are necessary, expedient and advisable for the protection and preservation of the property and natural resources of the State of Nevada and for obtaining the benefits thereof.
Sec. 3. As used in this chapter, the words and terms defined in sections 4 to 13, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Board means the state board of examiners.
Sec. 5. Cost of a lending project means all or any designated part of the cost of any lending project, including any incidental cost pertaining to such a project. The cost of a lending project may include, without limitation, the costs of:
1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations.
2. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees.
3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks.
4. Establishment of a reserve for contingencies.
5. Interest on state securities issued as general obligations for any time which does not exceed 3 years, discounts on such state securities, reserves for the payment of the principal of and interest on such securities, replacement expenses and other costs of issuing such securities.
6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, state securities for any lending project.
7. Funding short-term financing.
Sec. 6. Expense of operation and maintenance means any reasonable and necessary current expense of the state for the operation, maintenance or administration of a lending project or of the collection and administration of revenues therefrom. The term includes, without limitation:
1. Expenses for engineering, auditing, reporting, legal services and other expenses of the state treasurer which are directly related to the administration of lending projects.
2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to lending projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to lending projects.
3. Payments to pension, retirement, health insurance and other insurance funds.
4. Reasonable charges made by any paying agent, commercial bank, trust company or other depository bank pertaining to any state securities.
κ1981 Statutes of Nevada, Page 768 (CHAPTER 412, AB 189)κ
5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any state securities, including the expenses of any trustee, receiver or other fiduciary.
6. Costs incurred in the collection and any refund of revenues from a lending project, including the amount of the refund.
Sec. 7. Lending project means any undertaking which the state is authorized to complete in connection with loans to municipalities made by the purchase of municipal securities validly issued for a purpose related to natural resources.
Sec. 8. Municipal securities means notes, warrants, interim debentures, bonds and temporary bonds validly issued as general obligations for a purpose related to natural resources which are payable from taxes, whether or not additionally secured by any municipal revenues available therefor.
Sec. 9. Municipality means county, city, town, school district, general improvement district or other district, including an irrigation district.
Sec. 10. Purpose related to natural resources means a purpose necessary, expedient or advisable for the protection and preservation of any property or natural resources of the state, or for obtaining the benefits thereof, including without limitation water projects, sewer projects and park projects which preserve natural landscape or wildlife habitat or both.
Sec. 11. Revenues of a lending project means any money, except the proceeds of taxes levied by the state, received by the state treasurer from or in respect to any lending project, including without limitation:
1. Money derived from any source of revenue connected with a lending project, including without limitation payments by a municipality of the principal, interest or redemption premium of any municipal security, and any other income derived from the operation or administration of a lending project or the sale or other disposal of municipal securities or other assets acquired in connection with a lending project;
2. Loans, grants or contributions to the state from the Federal Government for the payment of the principal, interest and redemption premiums of state securities;
3. Fees or charges paid by a municipality in connection with a lending project; and
4. Money derived from the investment and reinvestment of any of these.
Sec. 12. State securities means notes, warrants, interim debentures, bonds and temporary bonds issued as general obligations by the state pursuant to this chapter for any lending project which are payable from taxes, whether or not additionally secured by a pledge of all or any designated revenues of one or more lending projects.
Sec. 13. Tax means a general (ad valorem) property tax.
Sec. 14. In order to protect and preserve the property and natural resources of the state, and to obtain the benefits thereof, the state treasurer may make loans to municipalities by purchasing their municipal securities validly issued for a purpose related to natural resources.
κ1981 Statutes of Nevada, Page 769 (CHAPTER 412, AB 189)κ
Sec. 15. 1. The state treasurer is the administrator of the municipal bond bank.
2. In his capacity as administrator, the state treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a lending project or of any state securities issued pursuant to this chapter;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the state, any agency or political subdivision, or any other person;
(f) Adopt regulations relating to lending projects and the administration of lending projects;
(g) Employ for himself or for any municipality, any necessary legal, fiscal, engineering and other expert services in connection with lending projects and with the authorization, sale and issuance of state securities and municipal securities;
(h) Enter into agreements and arrangements consistent with the provisions of this chapter with respect to the issuance of state securities and the purchase of municipal securities; and
(i) Undertake other matters which he determines to be necessary or desirable in accomplishing the purposes of this chapter.
Sec. 16. 1. The board may, at the request of the state treasurer, to pay the cost of any lending project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing state securities.
2. State securities may be outstanding pursuant to this chapter in an aggregate principal amount of not more than $200,000,000.
3. State securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more lending projects. Any such state securities may be issued without an election or other preliminaries. No state securities may be issued to refund any municipal securities issued before the effective date of this act.
4. Provisions of the State Securities Law which are not inconsistent with the provisions of this chapter apply to the issuance of state securities under this chapter.
Sec. 16.5. The board shall not become obligated with respect to any particular lending project unless and until it has obtained judicial confirmation, in a proceeding under chapter 43 of NRS or another proceeding, that the obligation to be incurred for that project will be exempt, pursuant to the second paragraph of section 3 of article 9 of the constitution, from the states debt limit. If an appeal is taken or the confirmation is otherwise reviewed, the obligation must not be incurred unless the exemption is affirmed by the court of last resort.
Sec. 17. The board shall determine the rate or rates of interest which state securities are to bear. These securities may be sold at par, above par, or below par at a discount determined by the board.
κ1981 Statutes of Nevada, Page 770 (CHAPTER 412, AB 189)κ
Sec. 18. A municipality may sell its municipal securities to the state at private sale and may pay or obligate itself to pay to the state fees or charges in connection with any lending project.
Sec. 19. 1. All revenues from lending projects must be deposited in the fund for the municipal bond bank in the state treasury, which is hereby created.
2. Any revenue from lending projects which is in the fund must be applied in the following order of priority:
(a) Deposited into the consolidated bond interest and redemption fund created pursuant to NRS 349.090 in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter.
(b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter, in amounts and at times determined to be necessary.
(c) Paid out for expenses of operation and maintenance.
(d) On July 1 of each odd-numbered year, to the extent of any uncommitted balance in the fund, deposited in the state general fund.
Sec. 20. As the provisions of this chapter are necessary to secure the public health, safety, convenience and welfare, the chapter must be construed liberally to put its provisions into effect.
Sec. 21. 1. The powers conferred by this chapter are in addition to the powers conferred by any other law.
2. Securities may be issued pursuant to this chapter without regard to any procedure required by law, other than those set forth in this chapter or in the State Securities Law.
3. This chapter does not authorize the issuance of securities by any municipality.
Sec. 22. This act shall become effective upon passage and approval.
________
Assembly Bill No. 150Committee on Commerce
CHAPTER 413
AN ACT relating to the financing of residential housing; enlarging the powers of the housing division of the department of commerce; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 319 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The division may make loans to finance the acquisition and improvement of real property to be used for rental sites for mobile homes, whether or not the mobile homes are to be financed pursuant to this chapter, to the same persons and under the same conditions as it may make other loans.
κ1981 Statutes of Nevada, Page 771 (CHAPTER 413, AB 150)κ
chapter, to the same persons and under the same conditions as it may make other loans.
Sec. 2. NRS 319.130 is hereby amended to read as follows:
319.130 Residential housing means one or more new or existing residential dwelling units financed pursuant to the provisions of this chapter for the primary purpose of providing decent, safe and sanitary dwelling accommodations for eligible families in need of housing, including any buildings, mobile homes, land, improvements equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including but not limited to streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the division determines improve the quality of the residential living for eligible families.
________
Senate Bill No. 306Committee on Judiciary
CHAPTER 414
AN ACT relating to proceedings to commitment; extending the time for commencing a criminal action for a gross misdemeanor; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.090 is hereby amended to read as follows:
171.090 1. An indictment for a gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.
2. An indictment for any other misdemeanor must be found, or an information or complaint filed, within 1 year after its commission.
Sec. 2. NRS 171.095 is hereby amended to read as follows:
171.095 If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the [same] offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense; but if any indictment found, or an information or complaint filed, within the time thus prescribed is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
________
κ1981 Statutes of Nevada, Page 772κ
Senate Bill No. 403Committee on Natural Resources
CHAPTER 415
AN ACT relating to cruelty to animals; increasing the penalty imposed for instigating, assisting in or witnessing fights between dogs; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 574.060 is hereby amended to read as follows:
574.060 1. A person who keeps or uses, or is in any manner connected with, or interested in the management of, or receives money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, and any owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting, is guilty of a misdemeanor [.] , but if a dog is used in such baiting or fighting the person is guilty of a gross misdemeanor.
2. Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in any wise affecting animals are being or about to be violated in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing him to enter and search such building or place, and to arrest any person there present found violating any of such laws, and to bring such person before the nearest magistrate of competent jurisdiction to be dealt with according to law.
Sec. 2. NRS 574.070 is hereby amended to read as follows:
574.070 A person who sets on foot, instigates, promotes or carries on, or does any act as assistant, umpire or principal, or is a witness of, or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or [dogs,] bulls, bears or other animals, premeditated by any person owning or having custody of such birds or animals, is guilty of a misdemeanor [.] , but if any dog is used in such a fight the person is guilty of a gross misdemeanor.
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κ1981 Statutes of Nevada, Page 773κ
Assembly Bill No. 660Committee on Government Affairs
CHAPTER 416
AN ACT relating to county government; authorizing boards of county commissioners to convert excess county parking spaces into public parking and charge fees; and providing other matters properly relating thereto.
[Approved May 29, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A board of county commissioners may convert, improve, equip, operate and maintain for public parking any spaces in a parking facility owned by the county which are in excess of the number of spaces required by the county for its officers and employees.
2. The board may fix and charge reasonable fees for the use of any public parking spaces created pursuant to subsection 1.
________
Senate Bill No. 359Committee on Judiciary
CHAPTER 417
AN ACT relating to corporations; revising requirements of disclosures for takeover bids; and providing other matters properly relating thereto.
[Approved May 30, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.3771 is hereby amended to read as follows:
78.3771 1. At least [30] 20 days [prior to] before the making of a takeover bid, the offeror shall file with the resident agent of the offeree corporation a statement, and make a public announcement, containing the following information:
(a) The name, address and business experience of the offeror and each associate of the offeror;
(b) The terms and conditions of the takeover bid, which [shall] must include the applicable provisions of NRS 78.3772 [;] but must not specify the amount of securities to be sought or the consideration to be offered for the securities;
(c) The source [and amount] of the [funds] money or other consideration used or to be used in making the takeover bid, and if any part of [such funds] that money or consideration is represented or is to be represented by [funds] money or other consideration borrowed or otherwise obtained for the purpose of making [such] the bid, a description of the transaction and the names of the parties thereto, except that where a source of [funds] money is a loan or loans made in the ordinary course of business by a bank or financial institution customarily engaged in the business of making loans, it will be sufficient so to state;
κ1981 Statutes of Nevada, Page 774 (CHAPTER 417, SB 359)κ
course of business by a bank or financial institution customarily engaged in the business of making loans, it will be sufficient so to state;
(d) Any plans or proposals that the offeror may have to liquidate the offeree corporation, to sell its assets to or merge it with any other person, or to make any other material change in its business or corporate structure;
(e) The number of offerors presently owned shares, and a description of any which are not stock or a similar security; and
(f) Information as to any contracts, arrangements or understandings with any person with respect to any securities of the offeree corporation, including but not limited to transfer of any of the securities, joint ventures, loan and option arrangements, puts or calls, guaranties of loans, guaranties against loss or guaranties of profits, division of losses or profits, or the giving or withholding of proxies, naming the persons with whom such contracts, arrangements or understandings have been entered into, and giving the details thereof.
2. At least 4 business days before the making of a takeover bid, the offeror shall file with the resident agent of the offeree corporation a supplemental statement containing the amount of securities sought and the amount of consideration offered for the securities in the takeover bid.
3. All written soliciting material used by the offeror in connection with the takeover bid [shall] must be filed with the resident agent of the offeree corporation not later than the time copies of [such] the material are first published or sent or given to offerees.
[3.] 4. If, pursuant to any arrangement or understanding with the offeror, any persons are to be elected or designated as directors of the offeree corporation, otherwise than at a meeting of security holders, and the persons so elected or designated will constitute a majority of the directors of the offeree corporation, then, [prior to] before the time any such person takes office as a director, the offeror shall file with the resident agent of the offeree corporation, and transmit to all holders of record of securities of the offeree corporation who would be entitled to vote at a meeting for election of directors, information substantially equivalent to the information which would be required by § 14(a) or 14(c) of the Securities Exchange Act of 1934 (15 U.S.C. § 78n(a) or (c)) to be transmitted if such person or persons were nominees for election as directors at a meeting of such security holders.
Sec. 2. NRS 78.3772 is hereby amended to read as follows:
78.3772 1. The period of time within which shares may be deposited pursuant to a takeover bid [shall] must not be less than 10 days nor more than [35] 60 days from the date of the first invitation to deposit shares.
2. Shares deposited pursuant to a takeover bid may be withdrawn by an offeree or his attorney-in-fact by demand in writing on the offeror or the depository at any time within [10] 7 days from the date of the first invitation to deposit shares.
3. Where a takeover bid is made for less than all the shares of a class and where a greater number of shares is deposited pursuant thereto, within 10 days after the takeover bid is first published or given to the offerees, or within a longer period if specified in the takeover bid or in an amendment to the bid, than the offeror is bound or willing to take up and pay for, the shares taken up by the offeror [shall] must be taken up as nearly as may be pro rata, disregarding fractions, according to the number of shares deposited.
κ1981 Statutes of Nevada, Page 775 (CHAPTER 417, SB 359)κ
an amendment to the bid, than the offeror is bound or willing to take up and pay for, the shares taken up by the offeror [shall] must be taken up as nearly as may be pro rata, disregarding fractions, according to the number of shares deposited.
4. Where an offeror varies the terms of a takeover bid before the expiration thereof by increasing the consideration offered, the offeror shall pay the increased consideration to each offeree whose securities are taken up even if they have been taken up and paid for before the variation of the takeover bid.
5. Where a takeover bid is sent by mail to offerees, it [shall] must be accompanied by a copy of the statement filed with the resident agent pursuant to NRS 78.3771.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 246Assemblymen DuBois, Hayes, Redelsperger, Ham, Rusk, Westall, Malone, Prengaman, Kovacs and Banner
CHAPTER 418
AN ACT relating to support; strengthening provisions for assignment of earnings when a parent is ordered to pay child support; requiring such assignments in certain cases; revising provisions relating to reciprocal enforcement of support; specifically authorizing the appointment of masters in reciprocal enforcement cases; liberalizing the rules of evidence in such cases; and providing other matters properly relating thereto.
[Approved May 31, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 130.100 is hereby amended to read as follows:
130.100 Whenever the state, or a political subdivision thereof, furnishes support to an individual obligee, it has the same right to initiate a proceeding under this chapter as the individual obligee for the purpose of securing reimbursement for support furnished [and] or of obtaining continuing support [.] , or both.
Sec. 2. NRS 130.115 is hereby amended to read as follows:
130.115 1. Jurisdiction of any proceeding under this chapter is vested in the district court.
2. The district court may appoint any person qualified by education, experience and training as a master to hear cases brought under this chapter. The master has the powers granted to special masters under Rule 53 of the Nevada Rules of Civil Procedure or local district court rules.
Sec. 3. NRS 130.190 is hereby amended to read as follows:
130.190 1. After the responding court receives copies of the complaint, certificate and law from the initiating court, the clerk of the court shall docket the case and notify the prosecuting attorney of his action.
κ1981 Statutes of Nevada, Page 776 (CHAPTER 418, AB 246)κ
2. The prosecuting attorney shall prosecute all proper cases [diligently] upon the request of the court [.] and shall prosecute those cases diligently and within a reasonable time. He shall take all action necessary in accordance with the laws of this state to enable the court to obtain jurisdiction over the obligor or his property and may initiate the proceedings under this chapter by civil summons or at any time request the court to set a time and place for a hearing and give notice thereof to the obligor in accordance with law.
3. The prosecuting attorney may, as necessary, utilize all the remedies available to a litigant in a civil proceeding, including attachment, execution and sequestration.
4. If the prosecuting attorney neglects or refuses to represent the obligee, the attorney general may order him to comply with the request of the court or may undertake the representation.
Sec. 4. NRS 130.210 is hereby amended to read as follows:
130.210 1. The court shall conduct proceedings under this chapter in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed. [In any hearing for the civil enforcement of this chapter, the court is governed by the rules of evidence applicable in a civil court action in the district court.] Strict rules of evidence need not be observed, but those prescribed in NRS 233B.123 apply. In any action brought pursuant to this chapter, the affidavit of the obligee is admissible into evidence subject to challenges using the procedure prescribed in NRS 130.205. If the action is based on a support order issued by another court, a certified copy of the order [shall] must be received as evidence of the duty of support and any arrearages which have accrued thereunder, subject only to any defenses available to any obligor with respect to paternity [(NRS 130.245)] or to a defendant in an action or a proceeding to enforce a foreign money judgment.
2. Once an order of support is entered by the court in a proceeding under this chapter, it [shall have] has the same effect and is subject to the same procedures, defenses and proceedings for reopening, modifying, vacating or staying as any support order of this state and may be enforced and satisfied in a like manner.
3. The determination or enforcement of a duty of support owed to one obligee is unaffected by any interference by another obligee with rights of custody or visitation granted by a court.
Sec. 5. NRS 130.280 is hereby amended to read as follows:
130.280 1. A support order made by a court of this state pursuant to this chapter does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially similar law or any other law, regardless of priority of issuance. [, unless otherwise specifically provided by the court in proper cases.]
2. Amounts paid for a particular period pursuant to any support order made by the court of another state [shall] must be credited against the amounts accruing or accrued for the same period under any support order made by the court of this state pursuant to a proceeding under this chapter. Arrearages which have accrued prior to an order of a court of this state in a proceeding under this chapter [shall] must be computed in a like manner.
κ1981 Statutes of Nevada, Page 777 (CHAPTER 418, AB 246)κ
Sec. 6. NRS 130.290 is hereby amended to read as follows:
130.290 1. The provisions of this chapter apply only with respect to proceedings for the enforcement of duties of support and do not apply to the determination of any collateral issue such as visitation, custody, property settlements or other agreements which might be asserted to exclude a childs right to support.
2. Participation in any proceeding under this chapter does not confer jurisdiction upon any court over any of the parties thereto in any other proceeding.
Sec. 7. Chapter 31 of NRS is hereby amended by adding thereto a new section which shall read as follows:
An employer may not use assignments under NRS 31.463 as a basis for the discharge of an employee or for any disciplinary action against the employee. An employer who discharges or disciplines an employee in violation of this section may be required to make full restitution to the aggrieved employee, including reinstatement and back pay.
Sec. 8. NRS 31.463 is hereby amended to read as follows:
31.463 1. In any proceeding where the court has ordered a parent to pay any amount for the support of a minor child, the court may order the parent to assign to the county clerk or county officer designated by the court to receive such payment, or to the state welfare administrator in support enforcement cases arising under the provisions of chapter 425 of NRS, that portion of salary, wages or commissions of [a] the parent due or to be due in the future which will be sufficient to pay the amount ordered by the court for the support, maintenance and education of the minor child. [Such order] Upon receiving an application in writing, verified by the applicant, and upon proof that the responsible parent has failed to make an equivalent of two monthly support payments in any 12-month period, the court shall order the responsible parent to make an assignment.
2. Within 10 days after the court has entered its order, the applicant shall send notice by certified United States mail to the last-known address of the responsible parent, advising him that the assignment will go into effect 10 days after the day on which the notice was sent. The responsible parent may, at any time before the assignment goes into effect, request a hearing before the court on the issue of whether the assignment should be made. If the court receives a request, it shall schedule a hearing and stay the effect of the assignment until after the hearing. If the responsible parent establishes at the hearing that payments were made substantially at the times and in amounts required by the order of the court, it shall rescind its order of assignment.
3. An assignment becomes effective:
(a) Ten days after the mailing of the notice by the applicant if the responsible parent has not requested a hearing; or
(b) When the court issues its decision after a hearing if it finds that the responsible parent has not complied with the order which awarded support.
If the assignment becomes effective, costs and attorneys fees may be assessed against the responsible parent.
4. An order pursuant to subsection 1 operates as an assignment and is binding upon any existing or future employer of the responsible parent upon whom a copy of such order is served [.]
κ1981 Statutes of Nevada, Page 778 (CHAPTER 418, AB 246)κ
upon whom a copy of such order is served [.] by certified mail, return receipt requested. For each payment the employer is entitled to receive $3, which must be deducted from the amount paid the employee. Any such order may be modified or revoked at any time by the court. The employer shall cooperate with and provide relevant employment information to the prosecuting attorney for the purpose of enforcing the child support obligation. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
[2.] 5. In any proceeding where a court makes or has made an order requiring payment of child support to a parent receiving welfare payments for the maintenance of minor children, the court shall direct that payments of support be made to the welfare division of the department of human resources, and the district attorney may appear in any proceeding to enforce such order.
6. An employer who refuses to honor an assignment under this section may be required to pay the amount of the assignment to the clerk of the court.
7. Compliance by an employer with an order of assignment under this section operates as a discharge of the employers liability to the employee as to that portion of the employees salary, wages or commissions affected.
Sec. 9. NRS 31.467 is hereby amended to read as follows:
31.467 1. The provisions of NRS 31.463 to 31.467, inclusive, and section 7 of this act apply to all money received by any person as a pension, or as an annuity or retirement or disability or death or other benefit, or as a return of contributions and interest thereon from the United States government, or from the state, or any county, city or other political subdivision of the state, or any public trust, or public corporation, or from the governing body of any of them, or from any public board or boards, or from any retirement, disability, or annuity system established by any of them pursuant to statute.
2. When a certified copy of any order of assignment is served by certified mail, return receipt requested, on any public entity described in subsection 1, other than the United States government, that entity shall comply with any request for a return of employee contributions by an employee named in the order by delivering the contributions to the clerk of the court from which the order issued, unless the entity has received a certified copy of an order terminating the order of assignment. A court may not directly or indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a minor child upon the issuance of such a request by such an employee.
3. Upon receipt of money pursuant to NRS 31.463 to 31.467, inclusive, and section 7 of this act the clerk of the court, within 10 days, shall send written notice of that fact to the parties and any agency through whom payments have been ordered under this section. Such money is subject to any procedure available to enforce an order for child support, but if an enforcement procedure is not commenced within 60 days after the date when the notice of receipt is sent, the clerk shall, upon request, release the money to the responsible parent.
κ1981 Statutes of Nevada, Page 779 (CHAPTER 418, AB 246)κ
but if an enforcement procedure is not commenced within 60 days after the date when the notice of receipt is sent, the clerk shall, upon request, release the money to the responsible parent.
________
Senate Bill No. 358Committee on Judiciary
CHAPTER 419
AN ACT relating to succession; extending the ban on succession by a murderer to include community property; making a murderer ineligible to succeed under a joint tenancy or the proceeds of life insurance; and providing other matters properly relating thereto.
[Approved May 31, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No person convicted of the murder of a decedent is entitled to any part of the decedents share of a joint tenancy. If there is no other joint tenant, the tenancy becomes a tenancy in common and the share of the decedent becomes part of his estate.
Sec. 2. NRS 123.250 is hereby amended to read as follows:
123.250 1. Upon the death of either husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest is subject to the testamentary disposition of the decedent, in the absence thereof goes, except as provided in section 4 of this act, to the surviving spouse, and is the only portion subject to administration under the provisions of Title 12 of NRS.
2. The provisions of this section apply to all community property, whether acquired prior or subsequent to July 1, 1975.
Sec. 3. Chapter 134 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. No person convicted of the murder of the decedent is entitled to succeed to any portion of the decedents estate. The portion to which he would otherwise be entitled to succeed goes to the other persons entitled to it under the provisions of this chapter.
Sec. 5. With the exception of NRS 134.010 and section 4 of this act, the provisions of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.
Sec. 6. NRS 134.030 is hereby amended to read as follows:
134.030 [When] Except as provided in section 4 of this act, when any person having title to any estate which is his or her separate property, not otherwise limited by contract, [shall die] dies intestate as to such estate, it [shall descend and] descends and must be distributed, subject to the payment of his [or her] debts, in the manner provided in NRS 134.040 to [134.130, ] 134.120, inclusive.
κ1981 Statutes of Nevada, Page 780 (CHAPTER 419, SB 358)κ
to the payment of his [or her] debts, in the manner provided in NRS 134.040 to [134.130, ] 134.120, inclusive.
Sec. 7. Chapter 688A of NRS is hereby amended by adding thereto a new section which shall read as follows:
No person convicted of the murder of a decedent is entitled to any part of the proceeds of a policy of insurance on the life of the decedent. If there is no beneficiary named in the policy to whom the proceeds are to be paid if the convicted person cannot or may not receive them, the proceeds must be placed in the estate of the decedent.
Sec. 8. NRS 134.130 and 134.220 are hereby repealed.
________
Senate Bill No. 553Committee on Commerce and Labor
CHAPTER 420
AN ACT relating to landscape architecture; broadening the provision which allows the board of landscape architecture to waive the examination for certification as a landscape architect; requiring the board to certify a person under certain circumstances; and providing other matters properly relating thereto.
[Approved May 31, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 623A.190 is hereby amended to read as follows:
623A.190 1. The board shall give each applicant for a certificate an examination, which may be written or oral, or both.
2. The examination [shall] must be given at such times and places and under such supervision as the board may determine.
3. The board may examine in whatever theoretical or applied fields it deems appropriate to determine professional skills and judgment.
4. The board shall by regulation establish what constitutes a passing grade.
5. The written examination may be waived by the board if the applicant [presents] :
(a) Presents documentation that he has taken and passed, with a grade that is a passing grade in this state, a written examination in another state having equivalent scope and subject matter [.] ; or
(b) Has been certified by the Council of Landscape Architectural Registration Boards as having passed the senior practitioner examination or through reciprocity procedures with foreign countries having requirements for licensing acceptable to the board.
6. Written examination papers and transcripts of any oral examinations [shall] must be destroyed after a certificate is issued.
Sec. 2. The board of landscape architecture shall certify as a landscape architect any person who was employed by a local government in a position related to landscaping and applied for such a certification before July 1, 1976.
________
κ1981 Statutes of Nevada, Page 781κ
Senate Bill No. 476Senator Jacobsen
CHAPTER 421
AN ACT relating to disclaiming interests in property; clarifying the meaning of interest; and providing other matters properly relating thereto.
[Approved May 31, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 120.010 is hereby amended to read as follows:
120.010 As used in this chapter, unless the context otherwise requires:
1. Beneficiary means any person entitled, but for his disclaimer, to take an interest:
(a) By intestate succession;
(b) By devise;
(c) By legacy or bequest;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) As beneficiary of a testamentary trust;
(g) Pursuant to the exercise or nonexercise of a power of appointment;
(h) As donee of any power of appointment; or
(i) As beneficiary of an inter vivos gift, whether outright or in trust.
2. Interest means the whole of any property, real or personal, legal or equitable, present or future, or any fractional part, share or particular portion or specific assets thereof, or a joint tenancy or any other estate in any such property, or power to appoint, consume, apply or expend property, or any other right, power, privilege or immunity relating thereto.
3. Disclaimer means a written instrument which declines, refuses, renounces or disclaims any interest which would otherwise be succeeded to by a beneficiary.
4. Disclaimant means a person who executes a disclaimer.
________
Senate Bill No. 563Senators Raggio, Getto, McCorkle, Keith Ashworth, Wilson, Close, Faiss, Wagner, Blakemore, Jacobsen and Hernstadt
CHAPTER 422
AN ACT relating to criminal procedure; requiring an investigation of certain arrested persons for devices or other identification which identify medical conditions; and providing other matters properly relating thereto.
[Approved May 31, 1981]
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:
κ1981 Statutes of Nevada, Page 782 (CHAPTER 422, SB 563)κ
1. Every peace officer shall, when arresting any person who appears to be intoxicated or not in control of his physical functions, investigate in a reasonable manner to determine whether or not that person is wearing a bracelet, necklace, other visible device or other identification identifying a medical condition which might account for the actions of the person.
2. Any arresting officer who discovers identification of a medical condition during an investigation conducted pursuant to subsection 1 shall take reasonable steps to aid the afflicted person in receiving medication or other treatment for his medical condition.
________
Senate Bill No. 637Senator Jacobsen
CHAPTER 423
AN ACT relating to the appropriation of public waters; requiring the state engineer to notify certain boards of county commissioners upon receipt of a request for a permit to use water in a county other than that in which it is appropriated or currently diverted or used; and providing other matters properly relating thereto.
[Approved May 31, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the state engineer shall give notice of the receipt of the request for the permit to:
(a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used; and
(b) The board of county commissioners of the county in which the water will be diverted or used.
2. The provisions of subsection 1 do not apply if:
(a) The water is to be appropriated and used; or
(b) Both the current and requested place of diversion or use of the water are,
within a single, contiguous parcel of real property.
3. A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of his application and any information relevant to his request.
4. Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received.
κ1981 Statutes of Nevada, Page 783 (CHAPTER 423, SB 637)κ
after the notice is received. The board shall provide public notice of the meeting for 3 consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the state engineer, but the recommendation is not binding on the state engineer.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 501Committee on Ways and Means
CHAPTER 424
AN ACT making an appropriation to the department of prisons for books and equipment for the southern desert correctional center; and providing other matters properly relating thereto.
[Approved May 31, 1981]
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 $156,430 for the purpose of purchasing books and equipment for the southern desert correctional center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. The state public works board may expend up to $406,430 from the appropriation made by subsection 1 of section 1 of chapter 622, Statutes of Nevada 1979, for the purpose of purchasing additional books and equipment for the southern desert correctional center. If the amount available from that source is not sufficient for the purpose, the department of prisons may expend amounts from the appropriation made by section 1 of this act for the purchase of the books and equipment.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 784κ
Assembly Bill No. 549Committee on Health and Welfare
CHAPTER 425
AN ACT relating to parking permits; providing for local issuance to meet the needs of persons having temporary handicaps; and providing other matters properly relating thereto.
[Approved May 31, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each county and city shall provide for the issuance of temporary parking permits for motor vehicles used by or for persons having temporary handicaps which impair their ability to walk. Each such permit must contain the date of its expiration.
2. A county or city may:
(a) Charge a reasonable fee for the issuance of such temporary parking permits.
(b) Arrange to have the permits issued through facilities which provide physical therapy or other services to such handicapped persons, as their needs for the permits arise.
Sec. 2. NRS 484.407 is hereby amended to read as follows:
484.407 1. Except as provided in subsection 2, [owners of motor vehicles] an owner or operator of a motor vehicle displaying a special parking permit, a temporary parking permit or special plates for a physically handicapped [persons] person, issued pursuant to NRS 482.384 [may park such motor vehicles] or section 1 of this act, may park the motor vehicle for not more than 4 hours at any one time in [parking zones] a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of [such vehicle if such] the vehicle if the parking is otherwise consistent with public safety and is done by a physically handicapped person or a person transporting a physically handicapped person.
2. This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for off-highway parking without paying the required fee for the time during which [such] the vehicle is so parked.
________
κ1981 Statutes of Nevada, Page 785κ
Assembly Bill No. 456Committee on Ways and Means
CHAPTER 426
AN ACT relating to nonprofit corporations; increasing the fee charged by the secretary of state for the filing of articles of incorporation, articles of association or a certificate of organization; and providing other matters properly relating thereto.
[Approved May 31, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 81 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except as provided in subsection 2 of NRS 81.060, a nonprofit corporation which is required to file articles of incorporation, articles of association or a certificate of organization, as the case may be, must pay a filing fee of $15 to the secretary of state.
Sec. 2. NRS 81.300 is hereby amended to read as follows:
81.300 1. Upon filing a certificate as provided in NRS 81.290, the secretary of state shall, upon the payment of [a fee of $1,] the appropriate fee, issue a certificate of the organization of the corporation, association or society, [duly] authenticated under his hand and seal of the state. A certified copy of the certificate issued under the hand and seal of the secretary of state [shall] must be filed or microfilmed in the office of the clerk of the county in which the principal office of [such] the corporation, association or society is located.
2. Upon complying with the conditions of subsection 1, the corporation, association or society shall be deemed fully organized and may proceed to do business.
Sec. 3. NRS 81.360 is hereby amended to read as follows:
81.360 1. Upon filing a certificate as provided in NRS 81.350, the secretary of state shall, upon the payment of [a fee of $1,] the appropriate fee, issue a certificate of the organization of the corporation, association or society, [duly] authenticated under his hand and seal of the state. A certified copy of the certificate issued under the hand and seal of the secretary of state [shall] must be filed or microfilmed in the office of the clerk of the county in which the principal office of [such] the corporation, association or society is located.
2. Upon complying with the conditions of subsection 1, the corporation, association or society shall be deemed fully organized and may proceed to do business.
________
κ1981 Statutes of Nevada, Page 786κ
Senate Bill No. 69Committee on Taxation
CHAPTER 427
AN ACT relating to the taxation of property; revising the factors which must be used in determining its taxable value; changing the year for which taxes are levied; making special provisions for the fiscal biennium 198183; and providing other matters properly relating thereto.
[Approved June 1, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 360.215 is hereby amended to read as follows:
360.215 The department may:
1. Assist the county assessors in appraising property within their respective counties which the ratio study shows to be assessed at more or less than 35 percent of its [full cash] taxable value.
2. Consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the state, to the end that assessments of property by county assessors [shall be] are made equal in each of the several counties of this state.
3. Visit a selective cross-section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various county assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.
4. Carry on a continuing study, the object of which is the equalization of property values between counties.
5. Carry on a program of in-service training for county assessors of the several counties of the state, and each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his authorized personnel the newest methods, procedures and practices in assessing property. Expenses of attending such classes [shall be] are a proper and allowable charge by the board of county commissioners in each county.
6. Continually supervise assessment procedures which are carried on in the several counties of the [State of Nevada] state and advise county assessors in the application of such procedures. The department shall make a complete written report to each session of the legislature, which [shall] must include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which such recommendations have been followed.
7. Carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the department to the end that such assessment [shall be] is equalized with the property assessable by county assessors.
8. Conduct appraisals as at the request of and in conjunction with any county assessor when such assessor considers such assistance necessary. One-half of the cost of such appraisal [shall] must be paid by the county.
κ1981 Statutes of Nevada, Page 787 (CHAPTER 427, SB 69)κ
county. In lieu of a cash payment, the county may provide labor, material or services having a value equal to one-half of the appraisal cost.
Sec. 2. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.3 and 2.6 of this act.
Sec. 2.3. Taxable value means:
1. The value of shares of stock in a bank determined in the manner provided in NRS 367.025.
2. The value of property of an interstate and intercounty nature determined in the manner provided in NRS 361.320.
3. The value of all other property determined in the manner provided in NRS 361.227.
Sec. 2.6. 1. The owner of any property who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year, may, before January 15 of the fiscal year in which the assessment was made, appeal to the county board of equalization. If the county board of equalization finds that the full cash value of the property is less than the taxable value computed for the property, the board shall adjust the factors applied to the property pursuant to NRS 361.227, particularly the rate of depreciation, to make the taxable value of the property correspond as closely as possible to its full cash value.
2. No appeal under this section may result in an increase in the taxable value of the property.
3. Property found to be obsolete must be identified on the roll and reappraised for each year while it is so listed.
Sec. 3. NRS 361.010 is hereby amended to read as follows:
361.010 [When] As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 361.015 to 361.040, inclusive, [shall] and section 2.3 of this act have the meanings [set forth in NRS 361.015 to 361.040, inclusive, and no other meanings.] ascribed to them in those sections.
Sec. 4. NRS 361.025 is hereby amended to read as follows:
361.025 [Except as provided in NRS 361.227, full] Full cash value means the amount at which the property would be appraised if taken in payment of a just debt due from a solvent debtor.
Sec. 5. 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 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 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 it was acquired by the State of Nevada.
3. Such payments in lieu of taxes 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.
κ1981 Statutes of Nevada, Page 788 (CHAPTER 427, SB 69)κ
4. [After July 1, 1978, all] All real estate owned by the State of Nevada located in each county must be listed in a separate tax list and assessment roll book of that county at its [full cash] taxable value. If the total taxable value of such real estate owned by the state in a county is greater than 17 percent of the total taxable 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.
5. Money received pursuant to this section 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. 6. NRS 361.225 is hereby amended to read as follows:
361.225 Except as otherwise provided in NRS 361.249, all property subject to taxation must be assessed at 35 percent of its [full cash] taxable value.
Sec. 7. Section 5 of chapter 62, Statutes of Nevada 1979, at page 79, is hereby amended to read as follows:
Sec. 5. NRS 361.225 is hereby amended to read as follows:
361.225 [Except as otherwise provided in section 2 of this act, all] All property subject to taxation must be assessed at 35 percent of its taxable value.
Sec. 8. NRS 361.227 is hereby amended to read as follows:
361.227 1. Any person determining the [full cash] taxable value of real property shall [compute that value by using each of the following factors for which information is available and shall give such weight to each applicable factor as, in his judgment, is proper:
(a) The estimate of the value of the vacant land, plus any improvements made and minus any depreciation computed according to the estimated life of the improvements.
(b) The market value of the property, as evidenced by:
(1) Comparable sales in the vicinity;
(2) The price at which the property was sold to the present owner; and
(3) The value of the property for the use to which it was actually put during the fiscal year of assessment.
(c) The value of the property estimated by capitalization of the fair economic income expectancy.
2. The county assessor shall, upon request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.
3.] appraise:
(a) The full cash value of:
(1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.
(2) Improved land consistently with the use to which the improvements are being put.
κ1981 Statutes of Nevada, Page 789 (CHAPTER 427, SB 69)κ
(b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence.
2. The taxable value of a possessory interest for the purpose of NRS 361.157 or 361.159 may be determined:
(a) By subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence; or
(b) By capitalizing the fair economic income expectancy.
3. In determining the [full cash] taxable value of a merchants or dealers stock in trade, the county assessor shall use the average full cash value over the 12 months immediately preceding the date of assessment. For this purpose, the county assessor may require from the merchant or dealer a verified report of the value of his stock in trade at any time or reasonable number of times during the year.
4. The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence.
5. The computed taxable value of any property must not exceed its full cash value.
6. The Nevada tax commission shall by regulation establish:
(a) Standards for determining the cost of replacement of improvements of various kinds.
(b) Schedules of depreciation based on the estimated life of each kind of property. Depreciation must be determined according to the actual age of the improvements or other depreciable property.
The standards and schedules must be approved by the interim legislative committee on local governmental finance before they are used. Each county assessor shall adhere strictly to these standards and schedules.
7. The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.
Sec. 9. Section 6 of chapter 62, Statutes of Nevada 1979, at page 79, is hereby amended to read as follows:
Sec. 6. NRS 361.227 is hereby amended to read as follows:
361.227 1. Any person determining the taxable value of real property shall appraise:
(a) The full cash value of:
(1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.
(2) Improved land consistently with the use to which the improvements are being put.
(b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence.
2. The taxable value of a possessory interest for the purpose of NRS 361.157 or 361.159 may be determined:
(a) By substracting from the cost of replacement of the improvements all applicable depreciation and obsolescence; or
(b) By capitalizing the fair economic income expectancy.
κ1981 Statutes of Nevada, Page 790 (CHAPTER 427, SB 69)κ
3. [In determining the taxable value of a merchants or dealers stock in trade, the county assessor shall use the average full cash value over the 12 months immediately preceding the date of assessment. For this purpose, the county assessor may require from the merchant or dealer a verified report of the value of his stock in trade at any time or reasonable number of times during the year.
4.] The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence.
[5.] 4. The computed taxable value of any property must not exceed its full cash value.
[6.] 5. The Nevada tax commission shall by regulation establish:
(a) Standards for determining the cost of replacement of improvements of various kinds.
(b) Schedules of depreciation based on the estimated life of each kind of property. Depreciation must be determined according to the actual age of the improvements or other depreciable property.
The standards and schedules must be approved by the interim legislative committee on local governmental finance before they are used. Each county assessor shall adhere strictly to these standards and schedules.
[7.] 6. The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.
Sec. 10. NRS 361.249 is hereby amended to read as follows:
361.249 1. The section applies to:
(a) Personal property held for sale by a merchant;
(b) Personal property held for sale by a manufacturer;
(c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture; and
(d) Livestock held for business purposes.
2. The personal property described in subsection 1 must be assessed as follows:
(a) In the fiscal year 197980, at 28 percent of its [full cash] taxable value;
(b) In the fiscal year 198081, at 21 percent of its [full cash] taxable value;
(c) In the fiscal year 198182, at 14 percent of its [full cash] taxable value; and
(d) In the fiscal year 198283, at 7 percent of its [full cash] taxable value.
Sec. 11. NRS 361.260 is hereby amended to read as follows:
361.260 1. Between [July 1] January 1 and December 15 in each year, the county assessor, except [when otherwise required by special enactment,] as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property.
κ1981 Statutes of Nevada, Page 791 (CHAPTER 427, SB 69)κ
by diligent inquiry and examination all real and secured personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the [full cash] taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the [full cash] taxable value.
3. In addition to the inquiry and examination required in subsection 1, [the county assessor shall appraise property using standards approved by the department and reappraise all property at least once every 5 years thereafter using the same standards. Such appraisals and reappraisals at 5-year intervals must be accepted as the examination required under subsection 1, of the intervening 4 years.] for any property not physically reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying to the assessed value derived from the last preceding physical appraisal or reappraisal a factor established by regulation of the Nevada tax commission which reasonably represents the change, if any, in the taxable value of the property or of similar property in the area since that appraisal or reappraisal and taking into account all applicable depreciation and obsolescence. The county assessor shall physically reappraise all property at least once every 5 years.
Sec. 12. NRS 361.300 is hereby amended to read as follows:
361.300 1. On or before January 1 of each year, the county assessor shall post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.
2. Except as otherwise provided in subsection 3, each board of county commissioners shall by resolution, [prior to] before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:
(a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or
(b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.
3. A board of county commissioners may, in the resolution required by subsection 2, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection 2, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment.
κ1981 Statutes of Nevada, Page 792 (CHAPTER 427, SB 69)κ
Failure by a taxpayer to receive such a mailed statement [shall] does not invalidate any assessment.
4. The several boards of county commissioners in the state [are authorized to] may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.
5. Whenever property is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before January 1 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating its assessed valuation as determined from the appraisal or reappraisal. Failure by the taxpayer to receive such notice [shall] does not invalidate the appraisal or reappraisal.
Sec. 13. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. Such valuation [shall] must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3 and 4, the foregoing [shall] must be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis, and the number of miles apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
3. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
κ1981 Statutes of Nevada, Page 793 (CHAPTER 427, SB 69)κ
4. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
5. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the [full cash] taxable value of all franchises and property assessed by it. The formulas [shall] must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas [shall] must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
6. As used in this section the word company means any person, [or persons,] company, corporation or association engaged in the business described.
7. In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.
8. All other property [shall] must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land, livestock and mobile homes [shall] must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
9. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
10. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state [shall] must be transmitted directly to the state treasurer.
κ1981 Statutes of Nevada, Page 794 (CHAPTER 427, SB 69)κ
the state treasurer. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 14. NRS 361.333 is hereby amended to read as follows:
361.333 1. Not later than May 1 of each year, the department shall:
(a) Determine the ratio of the assessed value of each type or class of property for which the county assessor has the responsibility of assessing in each county to:
(1) The assessed value of comparable property in the remaining counties.
(2) The [full cash] taxable value of [such] that type or class of property within that county.
(b) Publish and [certify] deliver to the county assessors and the boards of county commissioners of the counties of this state:
(1) The average ratio of assessed valuation to the [full cash] taxable value of property in each county and the state.
(2) The [adjusted] average ratio of assessed valuation to the [full cash] taxable value of property in each county.
[The department may take into account the interval between the current determination and the last assessment of property by the county assessor, and it may appropriately discount or otherwise adjust the full cash valuation determined by it or take any other appropriate action.]
2. The ratio study must be conducted on nine counties in one year and eight counties in the next year with the same combination of counties being tested in alternate years.
3. The formulas and standard procedures used by the department in conducting the ratio study must include a random sampling of property and sales and the use of the mean, median, standard deviation and any other statistical criteria that will indicate an accurate ratio of [full cash] taxable value to assessed value and an accurate measure of assessment equality. The formulas and standard procedures are the mandatory formulas and procedures to be used by the county assessors.
4. During the month of May of each year, the [Nevada tax commission shall meet with the] board of county commissioners and the county assessor of each county [.] in which the ratio study was conducted shall meet with the Nevada tax commission. The board of county commissioners and the county assessor shall:
(a) Present evidence to the Nevada tax commission of the steps taken to insure that all property subject to taxation within the county has been assessed as required by law.
(b) Demonstrate to the Nevada tax commission that any adjustments in assessments ordered in the preceding year as a result of the appraisal procedure provided in paragraph (c) of subsection 5 have been complied with.
5. At the conclusion of each meeting with the board of county commissioners and the county assessor, the Nevada tax commission shall:
(a) If it finds that all property subject to taxation within the county has been assessed at the proper percentage, take no further action.
κ1981 Statutes of Nevada, Page 795 (CHAPTER 427, SB 69)κ
(b) If it finds that any class of property, as designated in the segregation of the tax roll filed with the secretary of the state board of equalization pursuant to NRS 391.390, is assessed at less or more than the proper percentage, and if the board of county commissioners approves, order a specified percentage increase or decrease in the assessed valuation of [such] that class on the succeeding tax list and assessment roll.
(c) If it finds the existence of underassessment or overassessment wherein the ratio of assessed value to [full cash] taxable value is less than 30 percent or more than 37 1/2 percent within each of the several classes of property of the county which are required by law to be assessed at 35 percent of their [full cash] taxable value, or if the board of county commissioners does not agree to an increase or decrease in assessed value as provided in paragraph (b), order the board of county commissioners to employ forthwith one or more qualified appraisers approved by the department. The payment of such appraisers fees is a proper charge against the funds of the county notwithstanding that the amount of such fees has not been budgeted in accordance with law. The appraisers shall determine whether or not the county assessor has assessed all real and personal property in the county subject to taxation at the rate of assessment required by law. The appraisers may cooperate with the department in making their determination if so agreed by the appraisers and the department, and shall cooperate with the department in preparing a report to the Nevada tax commission. The report to the Nevada tax commission must be made on or before October 1 following the date of the order. If the report indicates that any real or personal property in the county subject to taxation has not been assessed at the rate required by law, a copy of the report must be transmitted to the board of county commissioners by the department before November 1. The board of county commissioners shall then order the county assessor to raise or lower the assessment of such property to the rate required by law on the succeeding tax list and assessment roll.
6. The Nevada tax commission may adopt regulations reasonably necessary to carry out the provisions of this section.
7. Any county assessor who refuses to increase or decrease the assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.
Sec. 14.5. NRS 361.340 is hereby amended to read as follows:
361.340 1. Except as provided in subsection 2, the board of equalization of each county [shall] must consist of:
(a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and
(b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000.
2. A district attorney, county treasurer or county assessor or any of their deputies or employees [shall] may not be appointed to the county board of equalization.
3. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers.
κ1981 Statutes of Nevada, Page 796 (CHAPTER 427, SB 69)κ
and sound judgment to the deliberations of the board or who are elected public officers. The nominees [shall] must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
4. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.
5. The county clerk [shall be] is the clerk of the county board of equalization.
6. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.
7. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided by law.
8. A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.
9. The county board of equalization of each county shall meet during January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it. [, and in any event shall meet at least once each week during the time provided by this section.] Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before [the 31st day of January] February 15 of each year. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
10. The county assessor or his deputy shall attend all meetings of the county board of equalization.
Sec. 15. NRS 361.345 is hereby amended to read as follows:
361.345 1. The county board of equalization [shall have power to] may determine the valuation of any property assessed by the county assessor, and may change and correct any valuation found to be incorrect either by adding thereto or deducting therefrom such sum as [shall be] is necessary to make it conform to the [actual or full cash] taxable value of the property assessed, whether such valuation was fixed by the owner or the county assessor. Where the person complaining of the assessment of his property has refused to give the county assessor his list under oath, as required by this chapter, no reduction [shall] may be made by the county board of equalization from the assessment of the county assessor.
2. If the county board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered or certified letter, [deposited in the post office,] or by personal service, naming the day when it [shall] will act on the matter [,] and allowing a reasonable time for the interested person to appear.
κ1981 Statutes of Nevada, Page 797 (CHAPTER 427, SB 69)κ
the clerk to give notice to the person so interested by registered or certified letter, [deposited in the post office,] or by personal service, naming the day when it [shall] will act on the matter [,] and allowing a reasonable time for the interested person to appear.
Sec. 16. NRS 361.355 is hereby amended to read as follows:
361.355 1. Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its real or secured personal property in the state, whether assessed by the Nevada tax commission or by the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association or corporation within any county of the state or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties [wherein such] where the undervalued or nonassessed property [may be] is located and make complaint concerning [the same] it and submit proof thereon. The complaint and proof [shall] must show the name of the owner or owners, the location, the description, and the [full cash] taxable value of the property claimed to be undervalued or nonassessed.
2. Any person, firm, company, association or corporation wishing to protest the valuation of personal property placed on the unsecured tax roll which is assessed between May 1 and December 15 shall likewise appear before the county board of equalization.
3. The county board of equalization forthwith shall examine [such] the proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the county assessor or any other person. If the county board of equalization determines that the complainant has just cause for making [such] the complaint it shall immediately make such increase in valuation of the property complained of as [shall conform] conforms to its [full cash] taxable value, or cause such property to be placed on the assessment roll at its [full cash] taxable value, as the case may be, and make proper equalization thereof.
[3.] 4. Except as provided in subsection [4] 5 and NRS 361.403, any such person, firm, company, association or corporation failing to make a complaint and submit proof to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed as provided in this section, [shall not thereafter be permitted to make complaint of] is not entitled to file a complaint with, or offer proof concerning [such] that undervalued or nonassessed property to, the state board of equalization.
[4.] 5. If the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, the complainant may [make its] file his complaint [by] no later than the 4th Monday of February [to] with the state board of equalization and submit its proof as provided in this section at a session of the state board of equalization, upon complainant proving to the satisfaction of the state board of equalization it had no knowledge of such undervalued or nonassessed property prior to the final adjournment of the county board of equalization. The state board of equalization shall proceed in the matter in like manner as provided in this section for a county board of equalization in such case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
κ1981 Statutes of Nevada, Page 798 (CHAPTER 427, SB 69)κ
county board of equalization in such case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
Sec. 17. NRS 361.360 is hereby amended to read as follows:
361.360 1. Any taxpayer [being] aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may file an appeal [to] with the state board of equalization [by] no later than the 4th Monday of February and present to the state board of equalization the matters complained of at one of its sessions.
2. All such appeals [shall] must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there [shall be] is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered prior to the final adjournment of the county board of equalization.
3. Any taxpayer whose personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the state board of equalization, which shall meet before May 31 to hear these protests. Every such appeal must be filed on or before May 15.
Sec. 17.3. NRS 361.365 is hereby amended to read as follows:
361.365 1. Each county board of equalization shall, at the expense of the county, cause complete minutes to be taken at each hearing. These minutes [shall] must include the title of all exhibits, papers, reports and other documentary evidence submitted to the county board of equalization by the complainant. The clerk of the county board of equalization shall forward [such] the minutes to the secretary of the state board of equalization.
2. If a transcript of any hearing held before the county board of equalization is requested by the complainant, he shall furnish the reporter, pay for the transcript and deliver a copy of the transcript to the clerk of the county board of equalization and the secretary of the state board of equalization [at least 2 days before his hearing with the state board of equalization.] upon filing an appeal.
Sec. 17.5. NRS 361.380 is hereby amended to read as follows:
361.380 1. Except as otherwise provided in subsection 3, annually, the state board of equalization shall convene on the 1st Monday in [February] March in Carson City, Nevada, and shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. [All protests to the state board of equalization shall be made on or before the 4th Monday of February.] The state board of equalization shall conclude the business of equalization on cases that in its opinion have a substantial effect on tax revenues on or before [March 4.] April 10. Cases having less than a substantial effect on tax revenues may be heard at additional meetings which may be held at any time and place in the state prior to October 1.
2. The publication in the statutes of the foregoing time, place and purpose of each regular session of the state board of equalization [shall be deemed] is notice of such sessions, or if it so elects, the state board of equalization may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.
κ1981 Statutes of Nevada, Page 799 (CHAPTER 427, SB 69)κ
3. The state board of equalization may designate some place other than Carson City, Nevada, for any of the meetings specified in subsection 1. If such other place is so designated, notice thereof [shall] must be given by publication of a notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which such meeting or meetings are to be held.
Sec. 17.7. NRS 361.390 is hereby amended to read as follows:
361.390 Each county assessor shall:
1. File with or cause to be filed with the secretary of the state board of equalization, on or before the [first Monday in February] 1st Monday in March of each year, the tax roll, or a true copy thereof, of his county [; and] for the current year as corrected by the county board of equalization.
2. Prepare and file with the secretary of the state board of equalization, on or before [March 25] the 1st Monday in March of each year, a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year.
Sec. 18. NRS 361.395 is hereby amended to read as follows:
361.395 1. During the annual session of the state board of equalization beginning on the 1st Monday in [February] March of each year, the state board of equalization shall:
(a) Equalize property valuations in the state, including the valuation of livestock theretofore established by the Nevada tax commission.
(b) Review the tax rolls of the various counties as corrected by the county boards of equalization thereof and raise or lower, equalizing and establishing the [full cash] taxable value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the Nevada tax commission, of any class or piece of property in whole or in part in any county, including also livestock and those classes of property enumerated in NRS 361.320.
2. If the state board of equalization proposes to increase the valuation of any property on the assessment roll, it shall give 10 days notice to interested persons by registered or certified mail or by personal service. The notice shall state the time when and place where the person may appear and submit proof concerning the valuation of the property. A person waives the notice requirement if he personally appears before the board and is notified of the proposed increase in valuation.
Sec. 18.5. NRS 361.405 is hereby amended to read as follows:
361.405 1. The secretary of the state board of equalization forthwith shall certify any change made by the board in the assessed valuation of any property in whole or in part to the county auditor of the county [wherein such] where the property is assessed, and whenever the valuation of any property is raised, the secretary of the state board of equalization shall forward by certified mail to the property owner or owners affected, notice of [such] the increased valuation.
2. As soon as changes resulting from cases having a substantial effect on tax revenues have been certified to him by the secretary of the state board of equalization, the county auditor shall:
(a) Enter all such changes on the assessment roll prior to the delivery thereof to the tax receiver.
κ1981 Statutes of Nevada, Page 800 (CHAPTER 427, SB 69)κ
(b) Add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll.
(c) Certify the results to the board of county commissioners and the department on or before [March] April 15 of each year.
3. As soon as changes resulting from cases having less than a substantial effect on tax revenue have been certified to him by the secretary of the state board of equalization, the county tax receiver shall adjust the assessment roll or the tax statement or make a tax refund, as directed by the state board of equalization.
Sec. 19. NRS 361.420 is hereby amended to read as follows:
361.420 1. Any property owner whose taxes are in excess of the amount which the owner claims justly to be due may pay each installment of taxes as it becomes due under protest in writing. [, which protest shall] The protest must be in triplicate and filed with the county treasurer at the time of the payment of the installment of taxes. The county treasurer forthwith shall forward one copy of the protest to the attorney general and one copy to the state controller.
2. The property owner, having protested the payment of taxes as provided in subsection 1 and having been denied relief by the state board of equalization, may commence a suit in any court of competent jurisdiction in the State of Nevada against the state and county in which the taxes were paid, and, in a proper case, both the Nevada tax commission and the department may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which the owner claims justly to be due, and the owner may complain upon any of the grounds contained in subsection 4.
3. Every action commenced under the provisions of this section [shall] must be commenced within 3 months after the date of the payment of the last installment of taxes, and if not so commenced [shall be] is forever barred. If the tax complained of is paid in full and under the written protest provided for in this section, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due [shall] must be commenced within 3 months after the date of the full payment of the tax, and if not so commenced [shall be] is forever barred.
4. In any suit brought under the provisions of this section, the person assessed may complain or defend upon any of the following grounds:
(a) That the taxes have been paid before the suit;
(b) That the property is exempt from taxation under the provisions of the revenue or tax laws of the state, specifying in detail the claim of exemption;
(c) That the person assessed was not the owner and had no right, title or interest in the property assessed at the time of assessment;
(d) That the property is situate in and has been [duly] assessed in another county, and the taxes thereon paid;
(e) That there was fraud in the assessment or that the assessment is out of proportion to and above the [actual] taxable cash value of the property assessed;
(f) That the assessment is out of proportion to and above the valuation fixed by the Nevada tax commission for the year in which the taxes were levied and the property assessed; or