[Rev. 2/27/2019 12:56:36 PM]
κ1981 Statutes of Nevada, Page 1001 (CHAPTER 489, SB 22)κ
2. Any contracting county, city, town or school district may terminate any such contract which may be entered into upon such terms as may be agreed upon by the parties thereto.
3. Any county, city or town wherein a library has been established may cooperate with and contract with the library trustees of any county, district or town library to obtain for the residents of such county, city or town an increase in library services or such privileges as may be agreed upon.
4. The library trustees of any county or district library may cooperate with and contract with the board of county commissioners of any other county, relative to any phase of library service.
5. Any county, city or town contracting for such library service may at any time establish a library for the use of its inhabitants, whereupon its contract for such service may be continued or terminated on such terms as may be agreed upon by the parties thereto.
6. The tax-levying body of any county, city or town contracting to receive such library services [is authorized to] may budget for and levy a tax [in an amount not to exceed 10 cents per $100 of assessed valuation] to meet the terms of the contract. The board of trustees of a school district may budget to meet the terms of the contract.
7. The library trustees of the county or district library providing such services may expend any amounts received in consideration of any such contract in addition to the amount budgeted for the county or district library.
[8. Any law which conflicts with the financial provisions of this section shall not apply to any contract entered into under the provisions of this section.]
Sec. 19. NRS 379.105 is hereby amended to read as follows:
379.105 1. The governing body of the city shall determine whether:
(a) To constitute itself the governing authority of the city library; or
(b) To appoint a board of trustees as such governing authority.
2. If library trustees are appointed, they and their successors shall:
(a) Establish, supervise and maintain a library.
(b) Appoint a librarian.
(c) Hold and possess the property and effects of the library [and reading room] in trust for the public.
[(b)] (d) Submit annual budgets to the governing body of the city, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
[3. If appointed, the library trustees may:
(a) Establish, supervise and maintain a library and reading room.
(b) Make purchases and secure rooms.
(c) Appoint a librarian and other officers and employ assistants.
(d)] (e) Establish bylaws and regulations for the management of the library and their own management.
[(e)] (f) Manage all the property, real and personal, of the library.
[(f)] (g) Acquire and hold real and personal property, by gift, purchase or bequest, for the library. [and reading room.
(g)] (h) Administer any trust declared or created for the library. [and reading room.
κ1981 Statutes of Nevada, Page 1002 (CHAPTER 489, SB 22)κ
(h)] (i) Maintain or defend any action in reference to the property or affairs of the library. [and reading room.
(i)] 3. If appointed, the library trustees may:
(a) Make purchases and secure rooms.
(b) Authorize the merger of a city library with a county library district.
[(j)] (c) Do all acts necessary for the orderly and efficient management and control of the library.
4. The governing authority has all the powers and duties with respect to the city library that district library trustees have with respect to a district library.
Sec. 20. NRS 379.106 is hereby amended to read as follows:
379.106 1. The governing authority of any city [free public] library is authorized to establish with the city treasurer, as custodian, a special fund, [which shall be] known as the .............................. city library gift fund. The moneys in such fund [shall] must be derived from all or any part of any gift, bequest or devise, including the interest thereon. [Such] The gift fund [shall be] is a separate and continuing fund and no moneys in [such fund shall] it revert to the general fund of the city at any time.
2. The moneys in a city library gift fund may be used for construction of new library buildings, capital improvements to library buildings, special library services, or other library purposes. No expenditure from a city library gift fund [shall] may be made until authorized by the governing authority.
3. The governing authority of a city [free public] library may invest or reinvest all or part of the moneys in the city library gift fund in any investment authorized for city and county moneys under chapter 355 of NRS.
Sec. 21. NRS 379.107 is hereby amended to read as follows:
379.107 The librarian of any city [free public] library shall administer all functions of the library, employ assistants and carry out the policies established by the governing authority [.] , and may recommend policies to the governing authority.
Sec. 22. Chapter 380 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 and 24 of this act.
Sec. 23. 1. The state librarian shall adopt by regulation a list of legal books and materials which are considered primary sources and which he has determined should be available in every county to the inhabitants of that county.
2. Each board of county commissioners shall ensure that all of the legal books and materials listed by the state librarian are available for use during normal business hours by the inhabitants of the county, in either the law library or a public library. The place where they are located must be plainly marked as an area accessible to the general public.
Sec. 24. The librarian of any law library shall administer all functions of the library, employ assistants and carry out the policies established by the governing body of the library, and may recommend policies to that governing body.
Sec. 25. NRS 380.010 is hereby amended to read as follows:
380.010 1. The board of county commissioners of any county may establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.
κ1981 Statutes of Nevada, Page 1003 (CHAPTER 489, SB 22)κ
establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.
2. The board of county commissioners of any county with a population under 20,000 may establish by ordinance a law library to be governed and managed as prescribed by the board of county commissioners of that county. Such board may exercise or delegate the exercise of any power granted to a board of law library trustees under this chapter.
3. Any law library established pursuant to subsection 2 is subject to the provisions of NRS 380.110 and 380.130 to [380.200,] 380.190, inclusive [.] , and section 24 of this act.
Sec. 26. NRS 380.020 is hereby amended to read as follows:
380.020 1. Any law library established by ordinance as provided by subsection 1 of NRS 380.010 [shall] must be governed and managed by a board of law library trustees.
2. A board of law library trustees [shall] must consist of not less than five nor more than seven members. The district judge [or judges] of the judicial district in which the county is situated [shall be ex-officio] or, if the district has more than one district judge, a maximum of three district judges designated by all the judges of the district from among their number, are ex officio trustees, and the board of county commissioners shall appoint a sufficient number of trustees to complete the board [from members of the bar of the county.] , including at least two who are not attorneys at law.
3. Appointive members of the board [shall] must be appointed by the board of county commissioners at the first meeting of the board of county commissioners in each January, [and shall] to serve for terms of 1 year.
Sec. 27. NRS 380.030 is hereby amended to read as follows:
380.030 The board of law library trustees, by a majority vote of all the members recorded in the minutes with ayes and noes at length, [shall have power:] may:
1. [To remove] Remove any trustee who [may neglect] neglects to attend the meetings of the board, or who [may absent] absents himself from such meetings.
2. [To fill] Fill all vacancies that [may] occur in the board from any cause [.] , but the board must at all times include at least two persons who are not attorneys at law.
Sec. 28. NRS 380.110 is hereby amended to read as follows:
380.110 1. Any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter [shall provide] must require that, from the fees received by the county [clerks of the several counties] clerk pursuant to chapter 19 of NRS, a sum [certain, as shall be] established by the ordinance, not exceeding [the sum of] $15 in any case, [shall be set aside] must be allocated by the county clerk [, which shall be] to a fund designated as the law library fund. [Such sum, as fixed by the ordinance, may be allocated by the ordinance] These allocations may be made from the fees collected by the county clerk for the commencement in or removal to the district court of the county, of any civil action, proceeding or appeal, on filing the first paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of such sources as may be determined by the ordinance.
κ1981 Statutes of Nevada, Page 1004 (CHAPTER 489, SB 22)κ
therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of such sources as may be determined by the ordinance.
2. All [moneys] money so set aside [shall] must be paid by the county clerk to the county treasurer, who shall keep [the same] it separate [and apart] in the law library fund. [Moneys]
3. The board of county commissioners may transfer from the county general fund to the law library fund such amounts as it determines are necessary for purposes of the law library.
4. Money in the law library fund [shall] must be:
(a) Expended for the purchase of law books, journals, periodicals and other publications.
(b) Expended for the establishment and maintenance of the law library. [at the county seat.]
(c) Drawn therefrom and used and applied only as provided in this chapter.
Sec. 29. NRS 380.160 is hereby amended to read as follows:
380.160 The law library [shall] must be free [:
1. To the judiciary, without payment of dues.
2. To county officials of the county, without payment of dues.
3. To] to all inhabitants of the county. [, upon payment of such dues and under such conditions as may be prescribed by rule or regulation by a] The board of law library trustees, or [by] the board of county commissioners in a county having no board of law library trustees [.] , may prescribe regulations imposing restrictions on the privilege of borrowing books and materials from the library but may not restrict the accessibility of the library to the general public.
Sec. 30. NRS 380.190 is hereby amended to read as follows:
380.190 1. Whenever the board of county commissioners of any county in which a law library has been established pursuant to the provisions of this chapter [shall desire] desires to discontinue [such] the law library, the board of county commissioners shall discontinue the law library by the enactment of an ordinance. The ordinance [shall] must provide for:
(a) The discontinuance of the law library.
(b) The transfer of the law library books to the chambers of the district judge or judges of the county [.] or to other appropriate locations in the county.
(c) The keeping thereafter of such books in the judges chambers [.] or other locations.
(d) The transfer of all [moneys] money in the law library fund to the county school district fund.
(e) The abolishment of the offices of law library trustees, if any.
2. After such an ordinance [shall take] takes effect, the county clerk shall not set aside the fees provided for in NRS 380.110.
3. The discontinuance of a law library does not alter the duty of the board of county commissioners to provide, at a publicly accessible location, all legal books and materials which the state librarian has determined, pursuant to section 22 of this act, should be available in every county.
κ1981 Statutes of Nevada, Page 1005 (CHAPTER 489, SB 22)κ
determined, pursuant to section 22 of this act, should be available in every county.
Sec. 31. NRS 380A.031 is hereby amended to read as follows:
380A.031 The Nevada council on libraries, consisting of [the state librarian and] six members appointed by the governor, is hereby created. The council is responsible to the governor and may make recommendations to the legislature of the State of Nevada.
Sec. 32. NRS 380A.041 is hereby amended to read as follows:
380A.041 1. The governor shall appoint:
[1.] (a) Two members who are librarians in active service.
[2.] (b) Two members who are trustees of legally established libraries or library systems.
[3.] (c) Two members who have an active and demonstrated interest, knowledge and understanding of libraries and library service.
2. A person may not serve as a member of the council for more than two consecutive terms.
Sec. 33. NRS 380A.061 is hereby amended to read as follows:
380A.061 The council shall elect a chairman and a vice chairman at the first meeting held after July 1 of each year. The state librarian shall serve as [vice chairman and] secretary [.] of the council but is not entitled to a vote. The secretariat [shall be] is the Nevada state library, where all files and records of the council [shall] must be maintained.
Sec. 34. NRS 380A.071 is hereby amended to read as follows:
380A.071 1. The council shall meet [not more than semiannually or] at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon call of the chairman.
2. Each member of the council is entitled to receive a salary of $40 for each days attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.
3. Payments [shall] must be made upon duly itemized and verified claims approved by the state librarian from funds appropriated to the Nevada state library.
Sec. 35. NRS 380.200 is hereby repealed.
Sec. 36. This act is not intended to interrupt the existence of any law library established by law before the effective date of this act.
Sec. 37. The master plans required by section 7 of this act must be completed by July 1, 1983.
Sec. 38. Section 13 of this act shall become effective at 12:01 a.m. on July 1, 1981.
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κ1981 Statutes of Nevada, Page 1006κ
Assembly Bill No. 705Committee on Ways and Means
CHAPTER 490
AN ACT making an appropriation to the University of Nevada for equipment; and providing other matters properly relating thereto.
[Approved June 3, 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 University of Nevada the sum of $598,652 for the purchase of equipment.
Sec. 2. The appropriation made by section 1 of this act must be allocated to branches of the University of Nevada as follows:
University of Nevada, Reno................................................. $195,000
University of Nevada, Las Vegas........................................ 183,722
Clark County Community College....................................... 114,000
Western Nevada Community College................................. 32,130
Truckee Meadows Community College.............................. 61,500
Northern Nevada Community College................................ 12,300
Sec. 3. 1. Except as provided in subsection 2, the first priority for expending the money appropriated by section 1 of this act must be the purchase of equipment which relates directly to instruction.
2. The first priority for expending the money allocated to Clark County Community College must be the purchase of library books for the leaning resource center.
Sec. 4. The University of Nevada must provide an itemized list of all the equipment which was purchased with the money appropriated in section 1 of this act to the senate standing committee on finance and to the assembly standing committee on ways and means within 10 days after the convening of the 62d session of the legislature.
Sec. 5. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after December 31, 1982, and reverts to the state general fund as soon as all payments of money committed have been made.
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κ1981 Statutes of Nevada, Page 1007κ
Assembly Bill No. 691Committee on Ways and Means
CHAPTER 491
AN ACT relating to the department of parole and probation; authorizing the establishment of centers for the housing and supervision of certain probationers; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The department of parole and probation may:
1. Establish centers for the housing and supervision of probationers assigned to the centers under section 2 of this act.
2. Contract for any services necessary to operate these centers.
Sec. 2. Except as provided in section 3 of this act, when a district court grants probation to a person convicted of a felony or continues his probation after his return to the court for violation of a condition of probation, the court may require as a condition of granting or continuing probation that the convicted person live for a period of time specified by the court under the supervision of the department in a residential center established pursuant to section 1 of this act.
Sec. 3. The court may not assign a convicted person to a residential center under section 2 of this act:
1. If the convicted person has served a prior prison term in any state or federal penal institution.
2. Unless, in cases where probation is being granted rather than continued, the assignment is recommended by the department of parole and probation.
Sec. 4. The department of parole and probation shall:
1. Determine a fixed amount to be deducted from the wages of each probationer assigned to a residential center to partially offset the cost of providing the probationer with housing and meals at the center.
2. Arrange for all earnings of a probationer assigned to a residential center to be paid directly from the employer to the probationer who shall immediately give his earnings to the department.
3. Deduct the amount for housing, meals and medical and dental services determined under subsection 1, and distribute the remainder according to a court order for restitution, if any, or to a plan for the management of the probationers assets established by the department.
Sec. 5. The department of parole and probation may adopt regulations necessary to carry out the provisions of this act.
Sec. 6. This act shall expire by limitation on July 1, 1983
________
κ1981 Statutes of Nevada, Page 1008κ
Assembly Bill No. 630Committee on Elections
CHAPTER 492
AN ACT relating to counties; simplifying election districts for county commissioners; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.050 is hereby amended to read as follows:
244.050 1. Whenever a number of registered voters equal to 35 percent or more of the number of persons registered to vote at the last preceding general election in any county in this state having less than 100,000 population petitions the board of county commissioners of their county to divide the county into three commissioner districts, or if the board has five members, into five commissioner districts, the question must be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. If a majority of the voters voting on the question approve the division, the board of county commissioners shall divide the county into three commissioner districts, or five commissioner districts, as the case may be, on or before the 1st Monday in July preceding each general election. The division [shall] must be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward must be wholly within one of the commissioner districts [herein] provided for [.] in this section. Each commissioner district must embrace, as near as may be, one-third or one-fifth, as the case may be, of the [voting] population of the county, [to be determined by the vote cast at the last general election,] and must consist of adjoining precincts. [; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward constitutes a commissioner district.]
2. The board of county commissioners shall provide by resolution for the dates of election of commissioners from newly created districts, in such manner as to secure the earliest representation of each district as the terms of incumbent commissioners expire.
3. The board of county commissioners shall cause to be published in some newspaper in the county, if there [be] is one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. The notice must be posted or published for a period of not less than 20 days [prior to] before each general election.
4. County commissioners [shall] must be elected at large by the qualified electors of the county.
5. The commissioner districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.
6. Upon the abolition of commissioner districts the incumbent county commissioners are entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners [shall] must be elected at large from within the county.
κ1981 Statutes of Nevada, Page 1009 (CHAPTER 492, AB 630)κ
county commissioners are entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners [shall] must be elected at large from within the county.
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Assembly Bill No. 598Committee on Commerce
CHAPTER 493
AN ACT relating to intoxicating liquors; imposing additional requirements on importers, suppliers and wholesalers; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 369 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in this chapter, supplier means, with respect to liquor which is brewed, distilled, fermented, manufactured, produced, or bottled:
1. Outside the United States, the owner of the liquor when it is first transported into any area under the jurisdiction of the United States Government; or
2. Within the United States but outside this state, the brewer, distiller, manufacturer, producer, vintner, or bottler of the liquor, or his designated agent.
Sec. 3. 1. A supplier of liquor may sell to an importer into this state only if:
(a) Their commercial relationship is of definite duration or continuing indefinite duration; and
(b) The importer is granted the right to offer, sell and distribute within this state or any designated area thereof such of the suppliers brands of packaged malt beverages, distilled spirits and wines, or all of them, as may be specified.
2. The supplier shall file with the department a written notice indicating the name and address of each designated importer. Each importer shall file with the department a written acceptance of the designation.
3. A brewer, distiller, manufacturer, producer, vintner or bottler of liquor who designates an agent to sell his products to importers into this state shall file with the department a written designation indicating the name and address of the agent, and the agent shall file with the department a written acceptance of the designation.
Sec. 4. A person who holds an importers license or permit may purchase a liquor only from the supplier of that liquor.
Sec. 5. No person is eligible to obtain an importers or wholesalers license unless he agrees to, or to retain the license unless he does:
1. Maintain for distilled spirits, if he imports them or sells them at wholesale, warehouse and office space owned or leased by him or dedicated to his use in a public warehouse sufficient to store at one time:
κ1981 Statutes of Nevada, Page 1010 (CHAPTER 493, AB 598)κ
wholesale, warehouse and office space owned or leased by him or dedicated to his use in a public warehouse sufficient to store at one time:
(a) A stock equal to 10 percent or more of his annual gross volume of sales to retailers within this state; or
(b) A stock whose cost of acquisition is $50,000 or more; or
2. Maintain for wine or beer, if he imports either of them or sells either at wholesale, warehouse and office space owned or leased by him or dedicated to his use in a public warehouse sufficient to store at one time:
(a) A stock equal to 10 percent or more of his annual gross volume of sales to retailers within this state; or
(b) A stock whose cost of acquisition is $10,000 or more, and sell to retailers generally rather than a selected few retailers.
The stock required by this section must be owned by him, not held on consignment and not acquired pursuant to a prior agreement to sell it to a specific licensee or licensees. An importer or wholesaler whose total volume of sales of distilled spirits to retailers during any 12-month period consists of 50 percent or more of individual sales in quantities of ten cases or less sells to retailers generally.
Sec. 6. NRS 369.190 is hereby amended to read as follows:
369.190 1. An application for any of the licenses described in NRS 369.180 [shall] must be made to the board of county commissioners of the county in which the applicant maintains his principal place of business.
2. Each application [shall:] must:
(a) Be made on such form as the department [shall prescribed.] prescribes.
(b) Include the name and address of the applicant. If the applicant is:
(1) A partnership, the application [shall] must include the names and addresses of all partners.
(2) A corporation, association or other organization, the application [shall] must include the names and addresses of the president, vice president, secretary and managing officer or officers.
(3) A person carrying on or transacting business in this state under an assumed or fictitious name, the person making the application shall attach thereto:
(I) A certified copy of the certificate required by NRS 602.010.
(II) A certificate signed by an officer of the corporation or by each person interested in, or conducting or carrying on such business, or intending so to do, and acknowledged before some officer authorized to take acknowledgments of conveyances of real property, indicating the name of the authorized representative whose signature may be required on the license under the provisions of this chapter.
(c) Specify the location, by street and number, of the premises for which the license is sought.
(d) Be accompanied by the annual license fee required for the particular license for which application is made.
3. [Each applicant for an importers license or for a wholesale wine or liquor dealers license or for a wholesale beer dealers license shall agree to establish and maintain a place of business in the State of Nevada, in good faith actually to carry on a bona fide wholesale business, and must keep on hand therein at all times liquor of a wholesale value of at least $1,000.
κ1981 Statutes of Nevada, Page 1011 (CHAPTER 493, AB 598)κ
agree to establish and maintain a place of business in the State of Nevada, in good faith actually to carry on a bona fide wholesale business, and must keep on hand therein at all times liquor of a wholesale value of at least $1,000.
4.] The board of county commissioners shall examine all applications filed with it, and in addition thereto shall require satisfactory evidence that the applicant is a person of good moral character.
Sec. 7. NRS 369.430 is hereby amended to read as follows:
369.430 1. By regulation, the department shall prescribe the form of application for and the form of a certificate of compliance [which shall] , which must be printed and distributed to exporters of liquor into this state to assist them in legally exporting liquor into this state.
2. [Any] An intending importer may not legally receive or accept any [such shipment] shipment of liquor except from a holder of a certificate of compliance.
3. The department shall grant a certificate of compliance to any out-of-state vendor of liquors who [shall undertake] undertakes in writing:
(a) To furnish the department on or before the 10th day of each month a report under oath showing the quantity and type of liquor sold and shipped by [such] the vendor to each licensed importer of liquor in Nevada during the preceding month; [and]
(b) That he and all his agents and [all] any other agencies controlled by him will comply faithfully with all laws of this state and all regulations of the department respecting the exporting of liquor into this state [.] :
(c) That he will make available for inspection and copying by the department any books, documents and records, whether within or outside this state, which are pertinent to his activities or the activities of his agents or any other agencies controlled by him within this state and which relate to the sale and distribution of his liquors within this state; and
(d) That he will appoint a resident of this state as his agent for service of process or any notice which may be issued by the department.
4. If any holder of a certificate of compliance fails to keep any undertaking or condition made or imposed in connection therewith, the department may suspend [such] the certificate and conduct a hearing, giving the holder thereof a reasonable opportunity to appear and be heard on the question of vacating the suspension order or order finally revoking the certificate.
5. No fee [shall] may be charged for any certificate of compliance, but [such certificate shall] the certificate must be renewed annually, subject to the conditions of the original certificate, on or before July 1 of each year.
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κ1981 Statutes of Nevada, Page 1012κ
Assembly Bill No. 130Assemblymen Bergevin, Marvel and Rhoads
CHAPTER 494
AN ACT relating to cattle; creating the Nevada beef council and providing its organization, powers and duties; increasing the beef promotion fee and redistributing the proceeds; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 563 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Beef includes beef products and veal products.
2. Council means the Nevada beef council.
Sec. 3. The Nevada beef council, consisting of five members appointed by the governor, is hereby created.
Sec. 4. 1. One member of the council must be a dairyman.
2. One member of the council must be engaged in the business of feeding cattle to fatten them for market.
3. Three members of the council must be engaged in the business of raising and breeding cattle for the production of beef.
4. Each member of the council must be a citizen of the United States and a resident of the State of Nevada.
5. Each member of the council must:
(a) Derive at least one-half of his annual income from the business he represents on the council; and
(b) Remain in that business during his term of office.
If a member ceases to comply with the requirements of this subsection, he becomes ineligible for the office and the governor shall fill the vacancy.
6. The governor, while appointing the members of the council, shall consider the recommendations of organizations concerned with the cattle business.
Sec. 5. 1. The council shall meet at least four times per year and at the request of the chairman or a majority of the members.
2. A member of the council is entitled to receive the travel expenses and subsistence allowances provided by law for state officers and employees while traveling on the business of the council.
3. The council shall operate on the basis of a fiscal year beginning July 1 and ending June 30.
4. The council shall furnish an annual report of its activities, expenditures and other financial information to the governor and to the executive director of the state department of agriculture.
Sec. 6. 1. The council shall elect a chairman from among its members. A chairman may only succeed himself as chairman twice.
2. The council shall elect a secretary-treasurer who may be from among its members. The secretary-treasurer shall keep the minutes of the proceedings of the council and prepare an annual report of the councils activities, receipts and expenditures.
κ1981 Statutes of Nevada, Page 1013 (CHAPTER 494, AB 130)κ
Sec. 7. The council may:
1. Conduct or contract for scientific research.
2. Enter into contracts to further the promotion of the cattle business in Nevada.
3. Make grants and donations for the promotion of the cattle business in Nevada.
4. Accept grants and donations from any source for expenditures consistent with the provisions of sections 2 to 9, inclusive, of this act.
5. Adopt regulations necessary to carry out the provisions of sections 2 to 9, inclusive, of this act.
6. Conduct programs to improve the public relations of the cattle business.
7. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to discharge its duties.
Sec. 8. The council may sue and be sued in any court. The members of the council are not personally liable for actions which are within the scope of the powers and duties of the council.
Sec. 9. 1. The executive director of the state department of agriculture shall deposit the money of the council with the state treasurer for credit to the account of the council in the beef promotion fund.
2. The state treasurer shall disburse the money of the council on the order of the council.
3. Claims against the account of the council must be paid as other claims against the state are paid.
Sec. 10. NRS 561.407 is hereby amended to read as follows:
561.407 1. The Nevada beef promotion fund is hereby created as a special revenue fund. The proceeds of the special [tax] fee on cattle levied pursuant to NRS 575.070 must be deposited in this fund and all refunds made pursuant to NRS 575.070 must be paid from the fund.
2. [On or before June 30 of each year, the state controller shall draw his warrant in favor of the National Livestock and Meat Board for the amount in the Nevada beef promotion fund and shall transmit the warrant to the payee through the executive director, to be used to promote the consumption of domestic beef and beef products and for the general benefit of beef producers.] After all refunds are made, the state controller shall draw warrants to distribute the amount remaining in the fund as follows:
(a) Eighty percent to the Beef Industry Council, transmitted through the executive director; and
(b) Twenty percent to the account of the Nevada beef council in the Nevada beef promotion fund.
Sec. 11. NRS 575.070 is hereby amended to read as follows:
575.070 1. The [state department of agriculture] Nevada beef council shall fix [an annual special tax,] a special fee, to be known as the beef promotion [tax,] fee, on all cattle appearing on the tax rolls, the rate of which must not exceed [10 cents] 50 cents per head. The [department] council shall send notice of the rate of this [special tax] fee to the department of taxation and to each board of county commissioners before the annual levy of taxes, and the board shall include this [tax] fee at the rate fixed [in the annual levy.
κ1981 Statutes of Nevada, Page 1014 (CHAPTER 494, AB 130)κ
rate fixed [in the annual levy. The special tax] by the Nevada beef council. The fee must be collected [as other taxes,] in the same manner as taxes are collected, and deposited with the state treasury for credit to the Nevada beef promotion fund.
2. During the month of April, any person who has paid the special [tax levied] fee collected pursuant to this section may file a claim for refund with the [department,] department of taxation, accompanied by a receipt showing the payment. Upon verification of the claim, the department shall transmit it to the state controller for payment from the Nevada beef promotion fund.
Sec. 12. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of the total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:
(1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and
(2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;
(b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (1) of paragraph (a); and
(d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).
3. The proportionate shares of the interest earned and received by:
(a) The dairy commission fund;
(b) The legislators retirement fund;
(c) The public employees retirement fund;
(d) The state permanent school fund;
(e) The silicosis and disabled pension fund;
(f) The wildlife account;
(g) The trust fund for the care of sites for the disposal of radioactive waste;
(h) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible;
κ1981 Statutes of Nevada, Page 1015 (CHAPTER 494, AB 130)κ
fund for which the division of Colorado River resources of the department of energy is responsible;
(i) The business enterprise contingent fund for the blind;
(j) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee; [and]
(k) The beef promotion fund; and
(l) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979,
must be accounted for as separate income and assets of those respective funds and the appropriate account.
Sec. 13. Section 1 of chapter 210, Statutes of Nevada 1981, is hereby amended to read as follows:
Section 1. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of the total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to [the provisions of] chapter 355 of NRS and this chapter, which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;
(b) Apply [such] the proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).
3. The proportionate shares of the interest earned and received by:
(a) The dairy commission fund;
(b) The legislators retirement fund;
(c) The public employees retirement fund;
(d) The state permanent school fund;
(e) The silicosis and disabled pension fund;
(f) The wildlife account;
(g) The trust fund for the care of sites for the disposal of radioactive waste;
(h) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible; [and]
(i) The business enterprise contingent fund for the blind;
(j) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee; and
κ1981 Statutes of Nevada, Page 1016 (CHAPTER 494, AB 130)κ
terms require that any interest earned inure to the credit of the donee; and
(k) The fund for industrial development in counties having a population of 25,000 or less created by chapter 621, Statutes of Nevada 1979,
must be accounted for as separate income and assets of those respective funds and the appropriate account.
Sec. 14. NRS 561.109 is hereby repealed.
Sec. 15. The governor shall appoint the members of the Nevada beef council to terms as follows:
1. One member to a term ending June 30, 1982.
2. Two members to a term ending June 30, 1983.
3. Two members to a term ending June 30, 1984.
Sec. 16. Section 12 of this act shall become effective at 12:02 a.m. on July 1, 1981.
Sec. 17. This section and section 13 of this act shall become effective upon passage and approval.
Sec. 18. Sections 1 to 12, inclusive, and 14 to 16, inclusive, of this act expire by limitation on July 1, 1983.
________
Senate Bill No. 667Committee on Commerce and Labor
CHAPTER 495
AN ACT relating to industrial insurance; authorizing coverage for persons who perform volunteer work for private organizations as a part of public programs; and providing other matters properly relating thereto.
[Approved June 3, 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 a new section which shall read as follows:
Persons other than students who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of this chapter, while engaging in such volunteer work, may be deemed by the commission, for purposes of this chapter, as employees of the public agency at a wage of $100 per month and are entitled to the benefits of this chapter when the public agency complies with the provisions of this chapter and the regulations adopted under it.
Sec. 2. 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.] As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.120, inclusive, section 2 of Assembly Bill No.
κ1981 Statutes of Nevada, Page 1017 (CHAPTER 495, SB 667)κ
context otherwise requires, the words and terms defined in NRS 616.020 to 616.120, inclusive, section 2 of Assembly Bill No. 408 of the 61st session of the Nevada legislature and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Senate Bill No. 677Committee on Taxation
CHAPTER 496
AN ACT relating to taxation; extending the exemption from the increase in certain taxes on retail sales to bidders on public works who were bound by prior bids; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 374.310 is hereby amended to read as follows:
374.310 1. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a contract on public works executed prior to July 1, 1967.
2. There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a contract on public works which was executed prior to May 1, 1981 [.] , or for which a binding bid was submitted before that date if the bid was afterward accepted.
Sec. 2. This act shall become effective upon passage and approval, and operates retroactively from May 1, 1981.
________
Senate Bill No. 475Senator Getto
CHAPTER 497
AN ACT relating to higher education provided outside this state; broadening the power of the commissioners to contract with educational institutions outside the region of the Western Regional Higher Education Compact; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 397.055 is hereby amended to read as follows:
397.055 1. Whenever the commissioners appointed pursuant to NRS 397.030 are unable to provide contract places for Nevada residents in graduate or professional schools pursuant to contractual agreements authorized by Article 8 of the compact, or the cost of attending a school within the region is excessive, they may enter into [such] contractual agreements with the governing authority of any educational institution offering accredited graduate and professional education outside the region of the compact or with any state outside the region.
κ1981 Statutes of Nevada, Page 1018 (CHAPTER 497, SB 475)κ
397.030 are unable to provide contract places for Nevada residents in graduate or professional schools pursuant to contractual agreements authorized by Article 8 of the compact, or the cost of attending a school within the region is excessive, they may enter into [such] contractual agreements with the governing authority of any educational institution offering accredited graduate and professional education outside the region of the compact or with any state outside the region.
2. The terms and conditions of any such agreements [shall] must adhere to the same standards which are observed in the selection of contract places for Nevada residents in graduate or professional schools within the region.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 558Committee on Commerce and Labor
CHAPTER 498
AN ACT relating to insurance; tightening the criteria of eligibility to write surplus lines of insurance; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 685A.070 is hereby amended to read as follows:
685A.070 1. A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible under this section.
2. No insurer is eligible for the acceptance of surplus lines risks under this chapter unless it has a surplus as to policyholders not less in amount than that required of a like domestic insurer formed under this code and transacting the same kind or kinds of insurance, and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established under terms reasonably adequate for the protection of all of its policyholders in the United States of America in an amount of not less than $1,000,000. In the case of a group of individual unincorporated insurers, such a trust fund must be not less than $50,000,000. The commissioner may require larger trust funds than those set forth above if in his judgment the volume of business being transacted or proposed to be transacted warrants larger amounts.
3. No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.
4. The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner.
κ1981 Statutes of Nevada, Page 1019 (CHAPTER 498, SB 558)κ
list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer; and the status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.
Sec. 2. NRS 685A.120 is hereby amended to read as follows:
685A.120 1. No person [shall] in this state [be,] may act as, [or] hold himself out as, or be a surplus lines broker [,] with respect to subjects of insurance resident, located or to be performed in this state or elsewhere [,] unless [then] he is licensed as such [by a license issued] by the commissioner pursuant to this chapter.
2. Any person [while] who is licensed by this state as a resident broker for general lines [agent or as a general lines broker,] and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines [,] may be licensed as a surplus lines broker upon: [application,]
(a) Application and payment of the license fee and a recovery fund fee of $15 [.] ; and
(b) Passing any examination prescribed by the commissioner on the subject of surplus lines.
3. Application for the license [shall] must be made to the commissioner on forms designated and furnished by him.
[4. The license fee shall be as specified in NRS 680B.010 (fee schedule).
5. The license and licensee shall be subject to the applicable provisions of chapter 683A of NRS as specified in NRS 685A.220 (other provisions applicable).]
________
Senate Bill No. 643Committee on Finance
CHAPTER 499
AN ACT relating to motor vehicle carriers; providing the department of motor vehicles with greater power to enforce certain statutes and regulations governing those carriers; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.151 is hereby amended to read as follows:
706.151 1. It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:
κ1981 Statutes of Nevada, Page 1020 (CHAPTER 499, SB 643)κ
(a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the commission the power [and authority] and to make it the duty of the commission to [supervise and] regulate common and contract motor carriers and brokers, and to regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways of this state, and to confer upon the department the power and authority to license all motor carriers [,] and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the commission pursuant to it, so as to relieve the existing and all future undue burdens on [such] the highways arising by reason of the use of [such] the highways by vehicles in a gainful occupation thereon;
(b) To provide for reasonable compensation for the use of [such] the highways in [such] gainful occupations, and enable the State of Nevada, by a utilization of the license fees, to provide more fully for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling, and shipping public in their use of the highways; and
(c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and foster sound economic conditions in motor transportation, and to encourage the establishment and maintenance of reasonable charges for such transportation [services,] without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices.
2. All of the provisions of this chapter [shall] must be administered and enforced with a view to carrying out the declaration of policy contained in subsection 1.
Sec. 2. NRS 706.171 is hereby amended to read as follows:
706.171 The commission and the department may:
1. Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which [it is] they are each responsible.
2. Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the Interstate Commerce Commission, any other agency of the Federal Government, or the National Association of Regulatory and Utility Commissioners.
3. Require such reports and the maintenance of such records as [it determines] they determine to be necessary for the administration and enforcement of this chapter.
4. Examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state. The commission and the department may examine in other states or require by subpena the production inside this state of such books, papers and records as are not maintained in this state.
5. Temporarily waive any certificate or permit requirement when an emergency exists as defined in NRS 706.561.
Sec. 3. NRS 706.246 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1021 (CHAPTER 499, SB 643)κ
706.246 1. The provisions of all laws pertaining to the safe operation of vehicles upon the highways of this state are hereby declared applicable to all vehicles coming within the terms of this chapter.
2. [No] A common or contract motor carrier shall not permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, [nor shall any driver] and a driver shall not drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such unsafe condition, it [shall] may be continued in operation only to the nearest place where repairs can safely be effected, and even [such operations shall] that operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.
3. Notwithstanding the provisions of this section and NRS 484.697, [no] a common or contract motor carrier [and no] or private motor carrier subject to the provisions of subsection 2 of NRS 706.776 shall not permit or require a driver to drive or tow, [nor shall any driver] and a driver shall not drive or tow, any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown and which vehicle has been declared out of service by an authorized employee of the commission [.] or the department. When the repairs have been made, the carrier shall so certify to the commission or the department, whichever agency declared the vehicle out of service, in accordance with the requirements of the commission.
________
Senate Bill No. 540Committee on Commerce and Labor
CHAPTER 500
AN ACT relating to insurance; providing for the conversion of essential insurance associations into domestic stock insurers; establishing a method to distribute shares of stock to insureds; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 686B 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, unless the context otherwise requires, insured means any person who has maintained at least 1 year of coverage with an essential insurance association.
Sec. 3. 1. An essential insurance association shall, whenever requested to do so by the commissioner, file a notice of intent to qualify as a domestic stock insurer.
κ1981 Statutes of Nevada, Page 1022 (CHAPTER 500, SB 540)κ
as a domestic stock insurer. In the absence of a request by the commissioner, an essential insurance association may file such a notice whenever it considers it appropriate.
2. The notice must be filed with the commissioner at least 4 months before the date the association is to become a domestic stock insurer and must contain:
(a) An application prepared pursuant to chapter 680A of NRS for a certificate of authority to transact business in Nevada as a domestic stock insurer;
(b) A valuation of capital and surplus according to both market and amortized value based on the associations annual financial statement for the previous year;
(c) The value and number of shares of stock to which each insured is entitled; and
(d) The terms of any proposal offering money or its equivalent in lieu of issuing fractional shares.
Sec. 4. 1. At the time the association files a notice of intent to qualify as a domestic stock insurer, it must give notice of its intent to all participating insurers and all insureds in a form approved by the commissioner. The notice to each insured must state the total amount of stock to be issued and the amount of shares to which he is entitled.
2. Any participating insurer or insured may, within 30 days after the date of the notice, apply to the division for a hearing concerning the associations ability to qualify as a domestic insurer, the valuation of capital and surplus or the proposed number and distribution of shares of stock.
Sec. 5. The association shall determine the percentage of stock to which each insured is entitled as follows:
1. The amount of gain or loss from operations, including an equitable allocation of investment income attributable to operations, is calculated for each of the following groups:
(a) Insureds who have not paid a capital stabilization charge;
(b) Insureds who have paid this charge for a given policy year; and
(c) Insureds who have paid a single charge to cover all policy years of participation in the association.
2. For each calendar year the association has been in operation, the amount of gain or loss from operations, including an equitable allocation of investment income attributable to each group, is divided by the number of insured months in that group.
3. For each group in which an insured participated in any calendar year, his number of insured months in that group is multiplied by the amount of income per insured month attributable to that group, as determined in subsection 2.
4. For each insured, the results of the calculations performed under subsection 3 for each group in which the insured was a member during a particular calendar year are added.
5. For each insured, the total amount he paid in capital stabilization charges is computed.
6. For each insured, the sum of the results of the calculations performed under subsections 4 and 5 are divided by the total surplus of the association as shown in its financial statement for the year preceding its conversion to a domestic stock insurer, to obtain that insureds percentage of ownership of the total stock to be distributed.
κ1981 Statutes of Nevada, Page 1023 (CHAPTER 500, SB 540)κ
association as shown in its financial statement for the year preceding its conversion to a domestic stock insurer, to obtain that insureds percentage of ownership of the total stock to be distributed.
Sec. 6. An association must comply with the provisions of NRS 680A.120 to qualify as a domestic stock insurer. Any paid-in capital in excess of the minimum amount required may be shown as surplus.
Sec. 7. Upon determining that an association has complied with sections 3 to 6, inclusive, of this act and all other requirements applicable to domestic stock insurers, the commissioner may issue to the association a certificate of authority to transact business as a domestic stock insurer to become effective the next following January 1.
Sec. 8. The provisions of NRS 78.505 to 78.521, inclusive, 81.130, 81.140, 81.280, 81.510 and 81.520 do not apply to the conversion of an essential insurance association to a domestic stock insurer as provided in sections 3 to 7, inclusive, of this act.
________
Senate Bill No. 520Committee on Judiciary
CHAPTER 501
AN ACT relating to civil actions; fixing the limit of time within which actions for malpractice may be commenced against persons in certain professions; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No action against any accountant, attorney or veterinarian to recover damages for malpractice, whether based on a breach of duty or contract, may be commenced more than 4 years after the plaintiff sustains damage and discovers or through the use of reasonable diligence should have discovered the material facts which constitute the cause of action.
2. This time limitation is tolled for any period during which the accountant, attorney or veterinarian conceals any act, error or omission upon which the action is founded and which is known or through the use of reasonable diligence should have been known to him.
Sec. 2. NRS 11.190 is hereby amended to read as follows:
11.190 Actions other than those for the recovery of real property, unless further limited by NRS 11.205, by section 1 of this act, or by or pursuant to the Uniform Commercial Code, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment of decree of any court of the United States, or of any state or territory within the United States.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
κ1981 Statutes of Nevada, Page 1024 (CHAPTER 501, SB 520)κ
an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged in a store account.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property; but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof; but in all cases where the subject of the action is a domestic animal usually included in the term livestock, having upon it at the time of its loss a recorded mark or brand, and when [such] the animal [was] strayed or was stolen from the true owner without his fault, the statute [shall] does not begin to run against an action for the recovery of [such] the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
(d) An action for relief on the ground of fraud or mistake; the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to [an individual, or to] a person or the state, or [an individual and the state,] both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person [shall] apply only to causes of action which [shall] accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officers de facto:
(1) To recover any goods, wares, merchandise or other property seized by any such officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.
κ1981 Statutes of Nevada, Page 1025 (CHAPTER 501, SB 520)κ
seized by any such officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.
(2) For money paid to any such officer under protest, or seized by such officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
(b) Actions or claims against a county, incorporated city, town or other political subdivision of the state which have been rejected by the board of county commissioners, city council or other governing body, as the case may be, after the first rejection thereof by such a board, city council or other governing body, or the expiration of the time limited for failure to act by subsection 3 of NRS 41.036.
(c) Actions or claims against the state not arising out of contract, after rejection by the state board of examiners or the expiration of the time limited for their failure to act by subsection 2 of NRS 41.036.
________
Senate Bill No. 470Committee on Commerce and Labor
CHAPTER 502
AN ACT relating to thrift companies; increasing the balance required to be maintained in a licensees thrift insurance guarantee fund; authorizing additional investments and loans; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 677.610 is hereby amended to read as follows:
677.610 A licensee shall not invest any of its funds, except: [as]
1. As authorized in this chapter; [, or in such investments as are]
2. In legal investments for savings associations [.] ; or
3. To the extent of 5 percent or less of its total assets, in preferred stock of corporations which have been given a rating of A or better by a national rating service and which are not in default in the payment of dividends.
Sec. 2. NRS 677.620 is hereby amended to read as follows:
677.620 1. A licensee shall not have outstanding at any time its thrift certificates, exclusive of those hypothecated with the licensee issuing them, in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
2. If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the director may increase the ratio of thrift certificates to paid up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state.
κ1981 Statutes of Nevada, Page 1026 (CHAPTER 502, SB 470)κ
than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The director shall give his approval or denial of the application for an increased ratio to the licensee in writing with supporting reasons within 30 days from the date of application by the licensee unless the director gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The director may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
3. No licensee may have total borrowings, exclusive of thrift certificates, which exceed the larger of:
(a) Five times its capital and surplus; or
(b) The face amount of its total thrift certificates outstanding at the time a borrowing is made.
4. Each licensee shall establish a thrift insurance guarantee fund immediately upon beginning business, as a special account with an initial balance of $15,000. Money cannot be withdrawn from the fund or the account put to any other use without the permission of the director. Money in the fund may be invested only in obligations of the United States, this or any other state, or a bank or savings and loan association whose principal office is in this state and whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. At the end of each fiscal year of the licensee an amount equal to three-tenths of 1 percent of the licensees outstanding thrift certificates [shall] must be added to the fund, until the fund balance reaches [$350,000.] $1,000,000. Interest earned on the principal of the fund shall not be withdrawn except as permitted for other money of the fund, but may be credited against the required addition.
Sec. 3. NRS 677.630 is hereby amended to read as follows:
677.630 1. A licensee may purchase, hold and convey real property for the following purposes only:
[1.] (a) Real property conveyed to it in satisfaction of debts contracted in the course of its business.
[2.] (b) Real property purchased at sale under judgments, decrees or mortgage foreclosures or foreclosures of or trustees sales under deeds of trust under securities held by it. A licensee shall not bid at any such sale a larger amount than is necessary to satisfy its debt and costs.
[3.] (c) Real property necessary as premises for the transaction of its business. A licensee shall not invest directly or indirectly an amount exceeding one-third of its paid-up capital and surplus in the lot and building in which the business of the company is carried on, furniture and fixtures, and vaults, necessary and proper to carry on its business.
(d) Real property purchased for the purpose of subdividing or developing for residential uses. An investment for this purpose must not exceed the market value of the property as evidenced by an appraisal prepared within 120 days before the investment by a member of the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers or the Independent Fee Appraisers Society, or by an appraiser approved by the director. Before the investment is made:
κ1981 Statutes of Nevada, Page 1027 (CHAPTER 502, SB 470)κ
(1) The licensee shall provide the director with a certified copy of one or more appraisal reports and a report from a title insurer which shows the chain of title and the amount of consideration for which the title was transferred, if that information is available, for at least 3 years.
(2) The director may require a statement from the licensee disclosing whether or not any director, officer or employee of the licensee has, or has had within the last 3 years, any direct or indirect interest in the property. For the purposes of this paragraph, interest includes ownership of stock in a corporation which has an interest in the property.
If the total amount to be invested in undeveloped real property is more than 1 percent of the total savings accounts of the licensee, the investment may not be made without the written approval of the director. Any person who fails to make a disclosure required by this section is guilty of a misdemeanor.
2. No real estate acquired pursuant to [subsections 1 and 2] paragraph (a) or (b) of subsection 1 may be held for a longer period than 5 years.
Sec. 4. NRS 677.650 is hereby amended to read as follows:
677.650 [A] 1. Except as provided in subsection 2, a licensee shall not directly or indirectly make any loan to, or purchase a contract or chose in action from:
[1.] (a) A person who is an officer, director or holder of record or beneficiary of 10 percent or more of the shares of the licensee.
[2.] (b) A person in which an officer, director or holder of record or beneficiary of 10 percent or more of the shares of the licensee directly or indirectly is financially interested.
[3.] (c) A person who acquired [such] the contract directly or indirectly or through intervening assignments from a person described in [subsections 1 and 2.] paragraphs (a) or (b).
2. Loans may be made to officers, directors and shareholders of the licensee, upon collateral of thrift certificates of the licensee, of not more than 90 percent of the amount of the thrift certificates, at the same rates of interest and under the same terms as loans secured by thrift certificates are offered to members of the general public.
3. Any officer, director or shareholder of a licensee who directly or indirectly makes or procures or participates in making or procuring a loan or contract in violation of this section or knowingly approves such a loan or contract is personally liable for any loss resulting to the licensee from [such] the loan or contract, in addition to any other penalties provided by law.
________
κ1981 Statutes of Nevada, Page 1028κ
Senate Bill No. 452Committee on Judiciary
CHAPTER 503
AN ACT relating to crimes and punishment; providing and increasing penalties for fraudulently obtaining certain public assistance; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who knowingly and willfully by false or misleading statements, by false pretense, by impersonation or by any deception obtains assistance under NRS 428.150 to 428.360, inclusive, including any money, property, medical or remedial care or any other service provided pursuant to those sections, or aids or abets any person to obtain such assistance, by one act or a series of acts, is a cheat and when the value of the assistance is $100 or more, he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be sentenced to restore the value of the assistance so fraudulently obtained, if it can be done.
Sec. 2. NRS 428.160 is hereby amended to read as follows:
428.160 As used in NRS 428.150 to 428.360, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 428.170 to 428.250, inclusive, [shall] have the meaning ascribed to them in [such] those sections.
Sec. 3. NRS 207.340 is hereby amended to read as follows:
207.340 1. As used in this section, unless the context otherwise requires:
(a) Authorization to purchase means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.
(b) Act means the Food Stamp Act of 1964 (7 U.S.C. § 2011, et seq.) and regulations promulgated thereunder.
(c) Coupon means a food stamp issued by the United States Department of Agriculture as provided in the Act.
2. Any person who knowingly uses, transfers, acquires, alters or possesses coupons or authorizations to purchase and who is not authorized by the Act to do so, or who knowingly presents or causes to be presented coupons or authorizations to purchase which are received, transferred or used in a manner not authorized by the Act, shall be punished:
(a) For a misdemeanor, if the value of the coupons or authorizations to purchase is less than $100.
(b) [For a gross misdemeanor, if the value of the coupons or authorizations to purchase is $100 or more, but less than $1,000.
(c) 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, if the value of the coupons or authorizations to purchase is $1,000 or more.
κ1981 Statutes of Nevada, Page 1029 (CHAPTER 503, SB 452)κ
more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the value of the coupons or authorizations to purchase is $1,000 or more.
3. The state welfare administrator shall advise the attorney general of violations of this section which are brought to his attention and the attorney general may prosecute the violations independently of the power of any district attorney to do so.] If the value of the coupons or authorizations to purchase is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be sentenced to restore the amount of the value so obtained, if it can be done.
3. Any district attorney or the attorney general may commence proceedings to enforce the provisions of this section in any court of competent jurisdiction.
________
Senate Bill No. 450Committee on Judiciary
CHAPTER 504
AN ACT relating to trials; eliminating the requirement for corroboration of the testimony of a police officer or deputy sheriff in cases involving abortion or prostitution; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 175.301 is hereby amended to read as follows:
175.301 Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing or taking away any person for the purpose of prostitution, or aiding or assisting therein, the defendant [shall] must not be convicted upon the testimony of the person upon or with whom the offense has allegedly been committed, unless [the] :
1. The testimony of that person is corroborated by other evidence [.] ; or
2. The person giving the testimony is, and was at the time the crime is alleged to have taken place, a police officer or deputy sheriff who was performing his duties as such.
________
κ1981 Statutes of Nevada, Page 1030κ
Senate Bill No. 444Senator Hernstadt
CHAPTER 505
AN ACT relating to motor carriers; exempting certain organizations from provisions regulating brokers; permitting persons who have obtained business licenses to operate as brokers; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. It is unlawful for any person to act as a broker on or off the highways of this state without first obtaining a business license from a city or county and filing a copy of the license with the commission.
Sec. 3. The provisions of NRS 706.011 to 706.791, inclusive, and section 2 of this act relating to brokers do not apply to any person whom the commission determines is:
1. A motor club which holds a valid certificate of authority issued by the commissioner of insurance; or
2. A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes.
Sec. 4. NRS 706.386 is hereby amended to read as follows:
706.386 1. It is unlawful [:
(a) Except] , except as provided in subsection 2, for any common motor carrier to operate as a carrier of intrastate commerce within this state without first [having obtained] obtaining a certificate of public convenience and necessity from the commission.
[(b) For a broker to act as such on or off the highways of this state without having obtained a certificate of public convenience and necessity from the commission.]
2. A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the commission to determine whether its vehicles and their operation are safe.
Sec. 5. NRS 706.391 is hereby amended to read as follows:
706.391 1. Upon the filing of an application for a certificate of public convenience and necessity [,] to operate as a carrier, the commission shall fix a time and place for hearing thereon, and shall proceed according to the provisions of the laws of this state made applicable thereto.
2. Before granting such a certificate of public convenience and necessity to an applicant, the commission shall take into consideration:
(a) Other authorized transportation facilities in the territory for which a certificate is sought;
(b) The public necessity and convenience to be accorded by the service offered by [such] the applicant; and
κ1981 Statutes of Nevada, Page 1031 (CHAPTER 505, SB 444)κ
(c) Whether the applicant is fit, willing and able to perform the services of a common motor carrier [or broker] and whether the proposed operation will be consistent with the legislative policy set forth in NRS 706.151.
3. The commission may issue a certificate of public convenience and necessity to operate as a common motor carrier, [or broker,] or issue it for:
(a) The exercise of the privilege sought.
(b) The partial exercise only of the privilege sought.
4. The commission may attach to the exercise of the rights granted by [such] the certificate such terms and conditions as, in its judgment, the public interest may require.
5. The commission may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person.
Sec. 6. NRS 706.396 is hereby amended to read as follows:
706.396 Any person who, after hearing, has been denied a certificate of public convenience and necessity [after hearing shall] to operate as a carrier must not be permitted again to file a similar application with the commission covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 180 days after the date the certificate of public convenience and necessity was denied.
Sec. 7. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as provided in subsection 2, any person who:
(a) Operates in any carriage to which NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by NRS 706.011 to 706.861, inclusive, or by the commission or the department under the terms of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such order, decision or regulation;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;
(g) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of this chapter;
(h) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(i) Operates a vehicle without having the proper identifying device;
(j) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
κ1981 Statutes of Nevada, Page 1032 (CHAPTER 505, SB 444)κ
(k) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(l) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked as provided in this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of NRS 706.386 [or] , 706.421 or section 2 of this act within 12 consecutive months shall be punished:
(a) For the first offense by a fine of not less than $100 nor more than $500;
(b) For the second offense by a fine of not less than $200 nor more than $500;
(c) For the third offense by a fine of not less than $300 nor more than $500;
(d) For the fourth offense by a fine of not less than $400 nor more than $500;
(e) For the fifth and each subsequent offense by a fine of $500; or
(f) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
________
Senate Bill No. 269Committee on Commerce and Labor
CHAPTER 506
AN ACT relating to real estate brokers, broker-salesmen and salesmen; revising educational requirements for licensing; making various administrative changes; deleting the requirement for pocket cards; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.343 is hereby amended to read as follows:
645.343 1. In addition to the other requirements contained in this chapter, an applicant for an original real estate salesmans license [shall] must furnish proof satisfactory to the real estate division that he has successfully completed a course of instruction in real estate principles, practices, procedures, law and ethics, which course may be an extension or correspondence course offered by the University of Nevada System, or any other accredited college or university, or by any other college or school approved [as provided in NRS 645.345.] by the commission.
κ1981 Statutes of Nevada, Page 1033 (CHAPTER 506, SB 269)κ
2. Except as provided in NRS 645.475, and in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license [shall] must furnish proof satisfactory to the real estate division that he has successfully completed a college level course of three semester units or an equivalent number of quarter units in real estate law, including at least 15 classroom hours of the real estate law of Nevada, and another course of equal length in the principles of real estate, and satisfied the experience requirements of subsection 3 of NRS 645.330.
3. In addition to the other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license [shall] must furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics.
4. On and after January 1, 1978, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license [shall] must furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
5. On and after January 1, 1982, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license [shall] must furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses.
6. On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license [shall] must furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses in real estate, business and economics.
7. On and after January 1, 1978, for the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter [shall] is entitled to receive credit for the equivalent of 16 semester units of college level courses for each two years of active experience he has as a licensed real estate salesman. This credit may not be applied against the requirement in subsection 2 for 15 classroom hours of the real estate law of Nevada.
8. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers or broker-salesmans license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting [such] the requirements.
9. The educational requirements of subsections 5 and 6 include and are not in addition to the requirements in each preceding subsection.
10. An applicant for a brokers [examination] license pursuant to NRS [645.475] 645.350 [shall] must meet the educational prerequisites applicable on the date his application is received by the real estate division.
κ1981 Statutes of Nevada, Page 1034 (CHAPTER 506, SB 269)κ
11. For the purposes of this section, college level courses are courses offered by any accredited college or university or by any other institution which meet the standards of education established by the commission. The commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the commission requires.
Sec. 2. NRS 645.345 is hereby amended to read as follows:
645.345 The [commission,] division, with the [prior written] approval of [a dean of the college of business administration of the University of Nevada System,] the commission, shall:
1. [Promulgate] Adopt reasonable regulations defining what constitutes:
(a) A course of instruction in real estate principles, practices, procedures, law and ethics, which course of instruction [shall] must include the subjects upon which an applicant is examined in determining his fitness to receive an original real estate salesmans license.
(b) A school offering such a course.
2. Adopt regulations providing for the establishment and maintenance of a uniform and reasonable standard of instruction to be observed in and by such schools.
Sec. 3. NRS 645.530 is hereby amended to read as follows:
645.530 1. The license of each real estate broker-salesman or salesman must be delivered or mailed to the real estate broker with whom the licensee is associated or to the owner-developer by whom he is employed and must be kept in the custody and control of the broker or owner-developer.
2. Each real estate broker shall:
(a) Display his license conspicuously in his place of business. If a real estate broker maintains more than one place of business within the state, an additional license must be issued to the broker for each branch office so maintained by him, and the [duplicate] additional license must be displayed conspicuously in each branch office.
(b) Prominently display in his place of business the licenses of all real estate broker-salesmen and salesmen associated with him therein or in connection therewith.
3. Each owner-developed shall prominently display in his place of business the license of each real estate broker-salesman and salesman employed by him.
Sec. 4. NRS 645.580 is hereby amended to read as follows:
645.580 1. When any real estate broker-salesman or salesman terminates, for any reason, his association with the real estate broker with whom he was associated, or his employment with the owner-developer by whom he was employed, the real estate broker or owner-developer shall:
(a) Immediately deliver or mail by certified mail to the division the real estate broker-salesmans or salesmans license, together with a written statement of the circumstances surrounding the termination of the association or the employment.
(b) At the time of delivering or mailing the license to the division, address a communication to the last-known residence address of the broker-salesman or salesman, advising him that his license has been delivered or mailed to the division.
κ1981 Statutes of Nevada, Page 1035 (CHAPTER 506, SB 269)κ
address a communication to the last-known residence address of the broker-salesman or salesman, advising him that his license has been delivered or mailed to the division. A copy of the communication must accompany the license when delivered or mailed to the division.
2. A broker-salesman or salesman must, within 30 days after termination of that association, become associated with or employed by another broker or owner-developer or request that his license be placed on inactive status.
3. It is unlawful for any real estate salesman to perform any of the acts contemplated by this chapter, either directly or indirectly, under authority of the license on or after the date of receipt of the license from the broker or owner-developer by the division and until the license is transferred or reissued or a new license is issued.
[4. A license must not be transferred or reissued to the real estate broker-salesman or salesman until he has returned his former pocket card to the division or satisfactorily accounted for it.]
Sec. 5. NRS 645.830 is hereby amended to read as follows:
645.830 The following fees must be charged by and paid to the division:
For each real estate salesmans or brokers examination................. $40
For each original real estate brokers, broker-salesmans or corporate brokers license............................................................................................... 80
For each original real estate salesmans license................................ 50
For each original branch office license............................................... 50
For each real estate education, research and recovery fee to be paid at the time of issuance of original license or renewal........................... 40
For each penalty assessed for failure of an applicant for an original brokers, broker-salesmans or corporate brokers license to file within 30 days of notification....................................................................................... 40
For each penalty assessed for failure of an applicant for an original salesmans license to file within 30 days of notification........... 25
For each renewal of a real estate brokers, broker-salesmans or corporate brokers license................................................................................ 80
For each renewal of a real estate salesmans license........................ 50
For each renewal of a real estate branch office license.................... 50
For each penalty for late filing of a renewal for a brokers, broker-salesmans or corporate brokers license......................................................... 40
For each penalty for late filing of a renewal for a salesmans license 25
For each change of name or address.................................................. 10
For each transfer of a real estate salesmans or broker-salesmans license and change of association or employment......................................... 10
For each duplicate license [or pocket card] where the original license [or pocket card] is lost or destroyed, and an affidavit is made thereof 10
For each change of status from broker to broker-salesman, or the reverse ............................................................................................................ 10 For each reinstatement to active status of an inactive real estate brokers, broker salesmans or salesmans license ................................................................................. $10
κ1981 Statutes of Nevada, Page 1036 (CHAPTER 506, SB 269)κ
For each reinstatement to active status of an inactive real estate brokers, broker salesmans or salesmans license..................................... $10
For each reinstatement of a real estate brokers license when the licensee fails to give immediate written notice to the division of a change of name or business location............................................................................ 20
For each reinstatement of a real estate salesmans or broker-salesmans license when he fails to notify the division of a change of broker within 30 days of termination by previous broker....................................... 20
For each original registration of an owner-developer...................... 40
For each annual renewal of a registration of an owner-developer. 40
For each enlargement of the area of an owner-developers registration 15
For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof................................................................... 40
Sec. 6. NRS 645.540 is hereby repealed.
________
Assembly Bill No. 675Committee on Ways and Means
CHAPTER 507
AN ACT relating to higher education out of state; requiring certain prior residence in Nevada for eligibility to receive higher education out of state under the program of the Western Interstate Commission for Higher Education; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 397.060 is hereby amended to read as follows:
397.060 The commissioners shall:
1. Choose from among Nevada residents who apply, and have at least 5 years prior residence in this state, those most qualified for contract places; and
2. Certify them to receiving institutions.
________
κ1981 Statutes of Nevada, Page 1037κ
Assembly Bill No. 597Committee on Elections
CHAPTER 508
AN ACT relating to elections; requiring of candidates for the state legislature additional information on their residency; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A candidate for the office of state senator or assemblyman shall execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:
I, the undersigned do swear (or affirm) that I have been a citizen resident of this state as required by NRS 218.010 and have resided at the following residence or residences during the 12 months immediately preceding the filing of my declaration or acceptance of candidacy.
.................................................................... ...........................................................
Street Address Street Address
.................................................................... ...........................................................
City or Town City or Town
.................................................................... ...........................................................
State State
From................................. To.................... From................... To........................
Dates of Residency Dates of Residency
.................................................................... ...........................................................
Street Address Street Address
.................................................................... ...........................................................
City or Town City or Town
.................................................................... ...........................................................
State State
From................................. To.................... From................... To........................
Dates of Residency Dates of Residency
(Attach additional sheet or sheets of residences as necessary)
________
κ1981 Statutes of Nevada, Page 1038κ
Assembly Bill No. 255Assemblyman Barengo
CHAPTER 509
AN ACT relating to statutory liens; reducing the period required before certain goods in storage may be sold to satisfy a lien for storage charges; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 108.440 is hereby amended to read as follows:
108.440 1. When any [goods, merchandise or other] property to be placed in storage has been received by any person, [persons,] firm or corporation acting as bailee for hire of the [goods, merchandise or other] property to be placed in storage in any room, building or other structure belonging to or leased by the [person, persons, firm or corporation acting as] bailee, the bailee [shall have the right to] may, in accordance with the provisions of NRS 108.450, sell the [goods, merchandise or other] property at public auction to the highest bidder [not less than 6 months after] if the bailor has [first] failed to pay the storage charges on the [goods, merchandise or other] property.
2. The sale [shall not be had] must not be made in any manner which is contrary to any agreement [or contract] between the bailor and the bailee.
Sec. 2. NRS 108.450 is hereby amended to read as follows:
108.450 1. The bailee shall notify the bailor of the intended sale [30 days previous thereto if the bailors address or residence is known to the bailee. If not known, then the bailee shall publish notice in any newspaper most likely to give notice at least once weekly for a period of 4 weeks successively, or, if there be no newspaper published] as follows:
(a) The notice must be delivered in person or sent by mail to the last known address of the bailor.
(b) The notice must include a statement of the claim, a description of the goods, a demand for full payment and a statement that the goods will be advertised for sale and sold at public auction unless payment is made in full before the time and date of the sale specified in the notice.
2. An advertisement of the sale must be published once a week for 2 weeks consecutively in a newspaper of general circulation in the town or township where the bailee resides. The advertisement must include a description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. The first publication of the advertisement must take place at least 15 days after the date on which the notice was delivered or mailed, and the sale must take place at least 15 days after the first publication. If there is no newspaper of general circulation in the town or township where the bailee resides, [then] the notice may be given by posting notices in [3] three or more public places in the town or township for [a period of 4 weeks previous to] at least 10 days before the sale.
3. The bailor may redeem his property at any time before the public auction by paying to the bailee the amount of storage charges, charges for late payment, costs of advertising and storage charges incurred by the bailee on account of the property.
κ1981 Statutes of Nevada, Page 1039 (CHAPTER 509, AB 255)κ
for late payment, costs of advertising and storage charges incurred by the bailee on account of the property. A bailor has no right to redeem his property if it has been sold at an auction held at the time and place specified in the notice.
________
Assembly Bill No. 214Committee on Ways and Means
CHAPTER 510
AN ACT making an appropriation to the department of prisons for the payment of accrued compensatory time of employees of the department; and providing other matters properly relating thereto.
[Approved June 3, 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 $100,000 for the purpose of paying for accrued compensatory time of employees of the department.
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 on that date to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 699Committee on Government Affairs
CHAPTER 511
AN ACT relating to the state personnel system; making various changes to the law governing that system; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Once an employees written resignation is accepted by his appointing authority, the employee may not revoke the resignation, regardless of the effective date set forth in it, if 3 or more working days have elapsed since its acceptance, unless the appointing authority approves the revocation.
Sec. 3. An employee who holds a position classified as a training or preparatory position may advance automatically to a position having a higher classification after he meets the minimum qualifications for the higher classification and receives the recommendation of the appointing authority for that advancement.
κ1981 Statutes of Nevada, Page 1040 (CHAPTER 511, AB 699)κ
higher classification and receives the recommendation of the appointing authority for that advancement.
Sec. 4. If a competitive examination is required for a vacancy and fewer than five qualified applicants respond after extensive efforts at recruitment, the examination may be waived and the chief may submit the applications of the qualified applicants without certification to the appointing authority for selection.
Sec. 5. NRS 284.155 is hereby amended to read as follows:
284.155 1. The chief shall [prescribe] adopt a code of [rules and] regulations for the classified service [, which, upon approval of] which must be approved by the commission. [after public notice and opportunity for public hearing, shall have the force and effect of law.]
2. [Rules] The code must include regulations concerning certifications [,] and appointments [, layoffs and reemployment shall be prescribed for positions involving unskilled or semi-skilled labor. These rules may be different from the rules concerning certifications, appointments, layoffs and reemployment] for:
(a) Positions in classes having a maximum salary of $12,500 or less as of December 31, 1980, where the regular procedures for examination and certification are impracticable; and
(b) Classes where applicants for promotion are not normally available.
These regulations may be different from the regulations concerning certifications and appointments for other positions in the classified service.
[3. Upon recommendation of the chief, amendments to rules and regulations may be made in the same manner required for the adoption of rules and regulations.]
Sec. 6. NRS 284.253 is hereby amended to read as follows:
284.253 In establishing the lists of eligible persons, a preference [shall] must be allowed for persons who [have resided in this state for at least 6 months.] reside in this state at the time the examination is completed. Five points [shall] must be added to the passing grade achieved on the examination. For the purposes of this section, the person examined must [have been physically present] reside physically within the state. [for the period of residence claimed by him. Should] If any person [absent] absents himself from the state with the intention in good faith to return without delay and continue his residence, the time of [such absence shall] the absence must not be considered in determining the fact of [such] his residence.
Sec. 7. NRS 284.305 is hereby amended to read as follows:
284.305 Positions in the classified service may be filled without competition only as provided in NRS 284.155, 284.310, 284.315, 284.320 [and] , 284.325 [.] and sections 3 and 4 of this act.
Sec. 8. NRS 284.320 is hereby amended to read as follows:
284.320 1. In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional or expert character are required, and upon satisfactory evidence that for specific reasons competition in [such special cases] that case is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in [such qualities,] the required qualities, the chief may suspend the requirements of competition.
κ1981 Statutes of Nevada, Page 1041 (CHAPTER 511, AB 699)κ
of high and recognized attainments in [such qualities,] the required qualities, the chief may suspend the requirements of competition.
2. [No suspension shall] The chief may suspend the requirements of competitive examination for positions requiring highly professional qualifications that include a license or certification.
3. Upon specific written justification by the appointing authority, the chief may suspend the requirement of competitive examination for a position where extreme difficulty in recruitment has been experienced and extensive efforts at recruitment have failed to produce five persons in the state service who are qualified applicants for promotion to the position.
4. Except in the circumstances described in subsection 2, no suspension may be general in its application to [such] any position, and [all such cases] each case of suspension and the justifying circumstances [shall] must be reported in the biennial report of the personnel division with the reasons for the [same.] suspension.
Sec. 9. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as provided in subsection 2, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay of [:
(a) If he commenced his first service with the state before July 1, 1979, and his service has been continuous, or if he has completed 3 years of service,] 1 1/4 working days for each month of continuous public service. [; or
(b) If he commenced his first service with the state on or after July 1, 1979, and he has not completed 3 years of service, 1 working day for each month of service, which] The annual leave may be cumulative from year to year not to exceed 30 working days. Any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date. The personnel division may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System are entitled to annual leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. [If an employee dies who was entitled to accumulated annual leave under the provisions of this chapter and filed a written designation of beneficiary, the final payment for accumulated annual leave which is due the deceased employee is not his property or that of his estate but must be released to the designated beneficiary upon the written request of the beneficiary. If the deceased employee did not file a designation of beneficiary, such final payment is part of his personal estate. The amount of the final payment must be equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of the deceased employee.
4.] No elected state officer may be paid for accumulated annual leave upon termination of his service.
κ1981 Statutes of Nevada, Page 1042 (CHAPTER 511, AB 699)κ
[5.] 4. During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
[6.] 5. No employee in the public service may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
Sec. 10. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. [During the first 6 months of employment of any employee in the public service, sick leave accrues as provided in this subsection, but no sick leave may be taken during that period.] After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the personnel division may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of [service under the public employees retirement system] public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than $1,500.
(b) For 15 years of service or more but less than 20 years, not more than $2,500.
(c) For 20 years of service or more, not more than $3,500.
The personnel division may by regulation provide for additional sick and disability leave for long-term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System are entitled to sick and disability leave as provided by the [rules and] regulations [prescribed] adopted pursuant to subsection 2 of NRS 284.345.
3. The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
4. The personnel division may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled.
κ1981 Statutes of Nevada, Page 1043 (CHAPTER 511, AB 699)κ
believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines than an employee has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of the accrued sick leave of [such] the employee.
Sec. 11. Section 9 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Assembly Bill No. 678Committee on Ways and Means
CHAPTER 512
AN ACT relating to the education of the handicapped; enlarging the permissible sources of money which may be used for that purpose; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 395.060 is hereby amended to read as follows:
395.060 [Funds] Money to carry out the provisions of this chapter [shall] may be provided by direct legislative appropriation from the state general fund [.] , federal grants or any other source of money made available for that purpose.
________
Senate Bill No. 653Committee on Finance
CHAPTER 513
AN ACT relating to the private investigators licensing board; increasing the fee for a license issued by the board; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 648.120 is hereby amended to read as follows:
648.120 1. A license under this chapter may not be issued until the applicant pays to the board a license fee of [$125.] not more than $175.
2. The license fee must be paid annually and is due on July 1. The board may provide that the fee be reduced ratably for portions of the license period.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1044κ
Senate Bill No. 692Committee on Finance
CHAPTER 514
AN ACT making an appropriation to the legislative fund for the expenses involved in serving as host to a meeting of the Western Conference of the Council of State Governments; and providing other matters properly relating thereto.
[Approved June 3, 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 legislative fund created pursuant to NRS 218.085 the sum of $15,000 for the expenses involved in hosting the meeting of the Western Conference of the Council of State Governments in Reno, Nevada, in August 1981.
Sec. 2. The director of the legislative counsel bureau shall deposit the money appropriated pursuant to section 1 of this act and all other money which he receives in connection with the meeting in a separate bank account. The money in the account may be expended to pay the expenses of the meeting.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1982, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 235Senator Jacobsen
CHAPTER 515
AN ACT relating to dealers in vehicles; exempting a short-term lessors branch office from the provisions regulating dealers in vehicles; making changes in the law regulating places of business; specifying additional grounds for disciplinary action and licensing; and providing other matters properly relating thereto.
[Approved June 3, 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 5, inclusive, of this act.
Sec. 2. A short-term lessors branch office which is located within the same county as his principal place of business is exempt from the provisions of this chapter.
Sec. 3. Every dealer shall keep his books and records at his principal place of business and shall permit any authorized agent of the director or the State of Nevada to inspect them during usual business hours.
Sec. 4. 1. Except as provided in subsections 2 and 3, every vehicle dealer shall maintain an established place of business in this state which:
κ1981 Statutes of Nevada, Page 1045 (CHAPTER 515, SB 235)κ
(a) Includes a permanent enclosed building, owned in fee or leased, with sufficient space to display one or more vehicles which the dealer is licensed to sell; and
(b) Is principally used by the dealer to conduct his business.
2. Every used vehicle dealer, trailer dealer or semitrailer dealer shall maintain an established place of business in this state which has:
(a) Sufficient space to display one or more vehicles;
(b) Boundaries which are clearly marked; and
(c) A permanent enclosed building large enough to accommodate his office and provide a safe place to keep the books and other records of his business.
3. A short-term lessor must designate his principal place of business as his established place of business.
Sec. 5. Evidence of unfitness of an applicant or a licensee for purposes of denial or revocation of a license may consist of but is not limited to:
1. Failure to discharge a lienholder on a vehicle within 30 days after it is traded to his dealership.
2. Being the former holder of, or being a partner, officer, director, owner or manager involved in management decisions of a dealership which held a license issued pursuant to NRS 482.325 which was revoked for cause and never reissued or was suspended upon terms which were never fulfilled.
3. Defrauding or attempting to defraud the state or a political subdivision of any taxes or fees in connection with the sale or transfer of a vehicle.
4. Forging the signature of the registered or legal owner of a vehicle on a certificate of title.
5. Purchasing, selling, otherwise disposing of or having in his possession any vehicle which he knows, or a reasonable person should know, is stolen or otherwise illegally appropriated.
6. Willfully failing to deliver to a purchaser or his lienholder a certificate of ownership to a vehicle he has sold.
7. Refusing to allow an agent of the department to inspect, during normal business hours, all books, records and files of the dealership which are maintained within the state.
8. Any fraud which includes but is not limited to:
(a) Misrepresentation in any manner, whether intentional or grossly negligent, of a material fact.
(b) An intentional failure to disclose a material fact.
9. Willful failure to comply with any regulation adopted by the department.
Sec. 6. NRS 482.322 is hereby amended to read as follows:
482.322 1. No person may engage in the activities of a vehicle dealer, manufacturer or rebuilder in this state, or be issued [any other license or permit required by this chapter,] a license by the department, until he has been issued a dealers, manufacturers, rebuilders or lessors license certificate or similar license or permit [required by the department.] by every city within whose corporate limits he maintains an established place of business and by every county in which he maintains an established place of business outside the corporate limits of a city.
κ1981 Statutes of Nevada, Page 1046 (CHAPTER 515, SB 235)κ
2. A vehicle dealers, manufacturers or rebuilders license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.
3. The department shall investigate any applicant for a dealers, manufacturers, rebuilders or lessors license certificate or license and complete an investigation report on a form provided by the department.
Sec. 7. NRS 482.033 is hereby repealed.
________
Senate Bill No. 284Senators Keith Ashworth, Neal, Don Ashworth, Blakemore, Glaser, Lamb, Gibson and Close
CHAPTER 516
AN ACT relating to emissions from motor vehicles; deferring the mandatory inspection of emissions; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 445.635 is hereby amended to read as follows:
445.635 The authority set forth in NRS 445.630 providing for a compulsory motor vehicle emission inspection program is limited as follows:
1. Except as provided in this subsection, in areas which have been designated by the commission for inspection programs and which are located in counties having a population of 100,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
(a) On or after July 1, 1977, and before] :
(a) Before July 1, [1981,] 1983, only used motor vehicles being registered to a new owner or being registered for the first time are required to have evidence of compliance;
(b) On or after July 1, [1981,] 1983, all used motor vehicles being registered or reregistered are required to have evidence of compliance.
The board of county commissioners of [those counties] any such county may by ordinance require compliance with the provisions of paragraph (b) within the designated area by a specified date before July 1, [1981.] 1983.
2. In designated areas in other counties where the commission puts a program into effect:
(a) [On or after February 1, 1978, all used motor vehicles being registered to a new owner are required to have evidence of compliance.
(b) On or after September 1, 1978,] Before July 1, 1983, only used motor vehicles being registered to a new owner or being registered for the first time in this state are required to have evidence of compliance.
[(c)] (b) On or after July 1, [1981,] 1983, all used motor vehicles being registered are required to have evidence of compliance.
κ1981 Statutes of Nevada, Page 1047 (CHAPTER 516, SB 284)κ
3. The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the commission.
Sec. 2. NRS 445.630 is hereby amended to read as follows:
445.630 1. In any county having a population of 100,000 or more, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency, adopt regulations for the control of motor vehicle emissions [.] in areas of the county designated by the commission.
2. In counties having a population of less than 100,000, if the commission determines that it is feasible and practicable to carry out a program of inspecting and testing motor vehicles and motor vehicle emission control systems, and if carrying out the program is deemed necessary to achieve or maintain prescribed ambient air quality standards in areas of the state designated by the commission, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency established under NRS 445.546 which has jurisdiction in a designated area, adopt regulations and transportation controls as may be necessary to carry out the program.
3. The regulations shall distinguish between light-duty and heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for the approval, installation and use of motor vehicle pollution control devices; and
(b) Requirements for the proper maintenance of motor vehicle pollution control devices and motor vehicles.
4. The regulations shall establish:
(a) Requirements by which the department of motor vehicles shall license authorized stations to inspect, repair, adjust and install motor vehicle pollution control devices, including criteria by which any person may become qualified to inspect, repair, adjust and install those devices.
(b) Requirements by which the department of motor vehicles may license an owner or lessee of a fleet of three or more vehicles as a fleet station if the owner or lessee complies with the regulations of the commission. The fleet station shall only certify vehicles which constitute that fleet.
(c) Requirements by which the department provides for inspections of motor vehicles owned by this state and any of its political subdivisions.
5. The commission shall consider, before adopting any regulation or establishing any criteria pursuant to paragraph (a) of subsection 3:
(a) The availability of devices adaptable to specific makes, models and years of motor vehicles.
(b) The effectiveness of those devices for reducing the emission of each type of air pollutant under conditions in this state.
(c) The capability of those devices for reducing any particular type or types of pollutants without significantly increasing the emission of any other type or types of pollutant.
(d) The capacity of any manufacturer to produce and distribute the particular device in such quantities and at such times as will meet the estimated needs in Nevada.
(e) The reasonableness of the retail cost of the device and the cost of its installation and maintenance over the life of the device and the motor vehicle.
κ1981 Statutes of Nevada, Page 1048 (CHAPTER 516, SB 284)κ
its installation and maintenance over the life of the device and the motor vehicle.
(f) The ease of determining whether any such installed device is functioning properly.
________
Senate Bill No. 477Senator Jacobsen
CHAPTER 517
AN ACT relating to motor vehicles; revising the provisions for the licensing of motor carriers and certain other motor vehicles; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of NRS 706.011 to 706.861, inclusive, do not apply to vehicles leased to or owned by:
1. The Federal Government or any instrumentality thereof.
2. Any state or a political subdivision, thereof.
Sec. 2. NRS 706.266 is hereby amended to read as follows:
706.266 1. [Except as provided in NRS 706.521 and 706.526, it] It is unlawful for any common, contract or private motor carrier to operate as a motor carrier of intrastate, or interstate or foreign commerce within or through this state without having furnished the commission the following:
(a) In the case of interstate or foreign commerce:
(1) Good and sufficient evidence satisfactory to the commission that it has complied with all of the provisions of the Federal Motor Carrier Act of 1935, as amended, and the motor carrier safety rules and regulations of the Department of Transportation as amended.
(2) A current copy of its certificate, permits or exemptions which have been issued by the Interstate Commerce Commission.
(3) Such other information as the commission may request.
(b) In the case of intrastate commerce:
(1) Where a person does not hold a certificate of convenience and necessity or a permit to operate as a common or contract motor carrier in the State of Nevada an affidavit certifying that the person intends to operate as a private carrier.
(2) Such other information as the commission may request.
2. The commission may waive any or all of such requirements.
[3. Upon being notified by the commission that all requirements have been complied with and upon receipt of an application and the payment of a license fee, or upon being satisfied that such fee is secured, the department shall issue such intrastate or interstate or foreign motor carrier identifying devices indicating the type of carriage such motor carrier may perform in this state.]
κ1981 Statutes of Nevada, Page 1049 (CHAPTER 517, SB 477)κ
Sec. 3. NRS 706.486 is hereby amended to read as follows:
706.486 1. Identifying devices [shall] must be provided by the department and delivered to the applicants. The reasonable cost of such devices [shall] must be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state.
2. Identifying devices assigned to vehicles [shall] must be displayed during the current licensing year, under such regulations as the department may prescribe.
3. The department may, by [rule and] regulation, permit the transfer of an identifying device from one vehicle to another by the operator thereof [.
4. The department shall permit] or the transfer of identifying devices between operators. [upon being satisfied that such transfer has been approved by the commission.]
Sec. 4. NRS 706.491 is hereby amended to read as follows:
706.491 [1. Except as provided in NRS by 706.521 and 706.526,] [every] Every person operating as a common contract or private motor carrier shall [prior to] before commencing operation in this state in any calendar year, secure from the department a license and make payments therefor as provided in NRS 706.011 to 706.791, inclusive.
[2. The license herein provided for shall be secured on or before January 1 of each year and shall become delinquent on January 1 of each year.]
Sec. 5. NRS 706.506 is hereby amended to read as follows:
706.506 1. Except as otherwise provided in NRS 482.480 and 706.011 to 706.791, inclusive, the license fees for motor vehicles are as follows:
Unladened weight Fee
5,001 pounds to and including 6,000 pounds................. [$45] $59
6,001 pounds to and including 7,000 pounds................... [72] 95
7,001 pounds to and including 8,000 pounds................... [99] 131
8,001 pounds to and including 9,000 pounds................. [126] 166
9,001 pounds to and including 10,000 pounds............... [153] 202
10,001 pounds to and including 11,000 pounds............. [180] 238
11,001 pounds to and including 12,000 pounds............. [207] 273
12,001 pounds to and including 13,000 pounds............. [234] 309
13,001 pounds to and including 14,000 pounds............. [261] 345
14,001 pounds to and including 15,000 pounds............. [288] 380
15,001 pounds to and including 16,000 pounds............. [315] 416
16,001 pounds to and including 17,000 pounds............. [342] 451
17,001 pounds to and including 18,000 pounds............. [369] 487
18,001 pounds to and including 19,000 pounds............. [396] 523
19,001 pounds to and including 20,000 pounds............. [423] 558
20,001 pounds and over..................................................... [450] 595
2. [For the purposes of this section each vehicle, including a trailer and semitrailer, must be considered a separate vehicle, but no license is required for converter gear dollies. Notwithstanding any other provisions of NRS 706.011 to 706.791, inclusive, the number of trailers to be licensed in conjunction with a motor vehicle is the maximum number to be towed by that motor vehicle.
κ1981 Statutes of Nevada, Page 1050 (CHAPTER 517, SB 477)κ
3. The unladened weight fee of vehicles carrying permanently mounted equipment, including but not limited to ready-mix concrete vehicles, well-drilling vehicles and similar classes of vehicles specifically designated by the department, must be determined by using a weight equivalent to 70 percent of the total weight of such vehicles, fully equipped but exclusive of load.
4.] Except for the license fee provided for in subsection [6,] 4, the license fee imposed by this section must be reduced one-twelfth, rounded to the nearest dollar, for each month which has elapsed since the beginning of the calendar year.
[5.] 3. Should any motor vehicle within the terms of this chapter be changed in any respect after it is weighed, which change increases its unladened weight, the department may require another weighing of the vehicle and additional fees paid on it.
[6. Except as otherwise provided in NRS 706.496 the]
4. The operator of any motor vehicle weighing 5,000 pounds or less, including station wagons, which vehicle is used primarily for the transportation of property, may pay a fee of $15 for an identifying device, and the department shall issue an identifying device of the same type as is issued to vehicles which are required to pay the fees under this section.
Sec. 6. NRS 706.519 is hereby amended to read as follows:
706.519 1. On or before the last day of January, April, July and October of each year, each mileage fee licensee shall file a quarterly return for the preceding quarter with the department. The return [shall] must be filed on a form prescribed by the department, together with supporting schedules, and [shall] must be filed regardless of the amount of milege fee due.
2. The return [shall] must include the information reasonably required by the department for the administration and enforcement of this chapter.
3. Where a mileage fee is due, remittance [shall] must accompany the return in the amount due. [, less any advance deposit.]
Sec. 7. NRS 706.521 is hereby amended to read as follows:
706.521 1. Except as provided in subsection [6,] 5, any person [, including but not limited to operators of taxicabs and of tow cars with an unladened weight of 9,000 pounds or more,] has the option, in lieu of causing a motor vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a 48-hour temporary license to be issued forthwith upon payment of a fee equal to [5] 10 percent of the license fee provided in NRS 706.506, rounded off to the nearest dollar. The [minimum] fee for the 48-hour temporary license may not be less than $6 per motor vehicle nor more than [$30 per combination of vehicles.] $60.
2. A 48-hour temporary license authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 shall, upon application to the department in such form and detail as the department may require, be issued a proper identifying device. The fee for each device is [$2.] $4.
κ1981 Statutes of Nevada, Page 1051 (CHAPTER 517, SB 477)κ
4. Upon request, the department [shall] may allow credit for the period for which the licenses were purchased if the applicant is licensed under the provisions of NRS [706.496] 706.506 to 706.516, inclusive. [, within 60 days after the purchase of the first license within a licensing year.]
5. [No person may operate under the provisions of this section for more than 10 days after the first issuance of a 48-hour temporary license during a calendar year unless that person has received permission to operate in this state pursuant to the provisions of NRS 706.266.
6.] The provisions of this section do not apply to operators of driveaway-towaway convoy vehicles.
Sec. 8. NRS 706.526 is hereby amended to read as follows:
706.526 1. Except as provided in [subsection 5,] NRS 482.480, every motor convoy carrier, before commencing operations in this state, shall apply to the department for a motor convoy carrier license.
2. The applicant may elect to be licensed on an annual basis or on a 48-hour temporary convoy license basis.
3. If the applicant elects to be licensed on an annual basis the license fee is $500, and the fee for each identifying device issued thereunder is $30. The license and each identifying device expires on December 31 of each year and may not be transferred to or used by any other person.
4. If the applicant elects to be licensed exclusively on a 48-hour temporary convoy license basis, the department shall issue appropriate identifying devices. The fee for each device is [$2.] $4. An original identifying device must be carried in each vehicle when operating in this state. It is unlawful to duplicate any device.
5. [No person may operate under the provisions of this section for more than 10 days after the first issuance of a 48-hour temporary convoy license unless the person has received permission to operate in this state pursuant to the provisions of NRS 706.266.
6.] For each vehicle driven [, towed or carried] or towed by any motor convoy carrier, or driven singly, which does not have an identifying device issued pursuant to subsection 3, a 48-hour temporary convoy license must be secured upon payment of a fee of [$8.25.] $10. No license may be transferred to or used by any other person or for any other vehicle.
[7.] 6. No license fee required under NRS 706.506 may be assessed on any vehicle driven [, towed or carried] or towed under the provisions of this section.
[8.] 7. The provisions of this section do not apply to vehicles:
(a) Transported by motor vehicles regularly licensed under the provisions of NRS [706.496,] 706.506, 706.516 or 706.521; or
(b) Weighing 5,000 pounds or less unladened weight.
Sec. 9. NRS 706.528 is hereby amended to read as follows:
706.528 Notwithstanding any other provisions of NRS 706.011 to 706.791, inclusive, ambulances [, hearses and tow cars of less than 9,000 pounds unladened weight] and hearses are exempt from the license fee requirements of NRS 706.506, 706.516, 706.521 and 706.526.
Sec. 10. NRS 706.536 is hereby amended to read as follows:
706.536 1. In addition to the fees provided in NRS [706.496] 706.506 to 706.526, inclusive, the department shall collect the additional sum of [$3] $2 for:
κ1981 Statutes of Nevada, Page 1052 (CHAPTER 517, SB 477)κ
706.506 to 706.526, inclusive, the department shall collect the additional sum of [$3] $2 for:
(a) Each original identifying device issued on an annual basis for motor vehicles under the provisions of NRS [706.496] 706.506 to 706.526, inclusive;
(b) Each original identifying device issued on an annual basis under the provisions of NRS 706.521 and 706.526.
2. All [moneys] money collected pursuant to this section [shall] must be deposited with the state treasurer to the credit of the motor vehicle fund, to be used to defray the costs incurred pursuant to NRS 706.176.
Sec. 11. NRS 706.551 is hereby amended to read as follows:
706.551 1. Any person electing to pay license fees under the provisions of NRS 706.516 to 706.526, inclusive, shall, in addition to any other penalties prescribed by this chapter, pay a $10 penalty for every delinquent tax return or quarterly report.
2. A tax return or quarterly report is considered delinquent when it has not been received by the department by the due date of the tax return, or quarterly report, as prescribed by this chapter. [, or by rules or regulations of the department. Such] A tax return or quarterly report shall be deemed received on the date shown on the post office cancellation mark stamped on an envelope containing [such] the tax return or quarterly report, properly addressed to the department, if [such] that date is earlier than the date of actual receipt.
Sec. 12. NRS 706.561 is hereby amended to read as follows:
706.561 The department may [:
1. Upon application, relieve any nonresident motor carrier from the payment of any fee, or a portion thereof, required by NRS 706.011 to 706.861, inclusive, to the extent, and only to the extent, that similar benefits are extended or available to residents of this state.
2. Temporarily] temporarily waive any fee imposed upon a motor carrier when an emergency exists requiring expeditious transportation. As used in this [subsection] section, emergency means a condition requiring action to prevent, minimize or repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes.
Sec. 13. NRS 706.571 is hereby amended to read as follows:
706.571 1. If illegally or through error the department collects or receives any fee, penalty or interest imposed under NRS 706.011 to 706.861, inclusive, the fee, penalty or interest [shall] must be refunded or credited to the person paying it. [Written application for refund,] Notification stating the specific grounds therefor [, shall] must be made within 28 months after the date of payment, whether or not the fee, penalty or interest was paid voluntarily or under protest.
2. Refunds [shall] must be made to a successor, assignee, estate or heir of such person if written application is made within the time limit.
3. Any amount determined to be refundable by the department [shall] must be refunded or credited to any amounts then due [and payable] from the person to whom the refund is due.
4. All amounts refunded under the provisions of this chapter [shall] must be paid from the motor vehicle fund on claims presented by the department, approved by the state board of examiners, and [allowed and] paid as other claims against the state are [allowed and] paid.
κ1981 Statutes of Nevada, Page 1053 (CHAPTER 517, SB 477)κ
must be paid from the motor vehicle fund on claims presented by the department, approved by the state board of examiners, and [allowed and] paid as other claims against the state are [allowed and] paid.
Sec. 14. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except the provisions of subsection 4 of NRS 706.171, of NRS 706.281, and of NRS 706.457 and 706.458, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to:
(a) [Any vehicle operated wholly within the corporate limits of a city, except vehicles operated as common or contract motor carriers, to which all such provisions except NRS 706.491 to 706.536, inclusive, shall apply, but if the corporate limits of any such city are extended or changed to include within such corporate limits any route, area, highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any such carrier, to which a certificate of public convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such carrier servicing, using or employing such route, area, highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
(b) United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.
(c) Private motor carriers of property operating within a 5-mile radius of the limits of a city.
(d) Farm vehicles.
(e) The transportation of children to and from school.
(f)] The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
[(g) The transportation of livestock by the owner thereof in his own motor vehicle of 10,000 pounds or less unladen weight.
(h)] (b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise, or to the carriage of any property for compensation.
[(i)] (c) Special mobile equipment.
[(j)] (d) The vehicles of a contractor licensed by the state contractors board when used in actually constructing or reconstructing a highway or road or in transporting necessary materials between the site of that work and the sources of material approved by the department of transportation for that particular work.
2. Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 15. NRS 706.806 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1054 (CHAPTER 517, SB 477)κ
706.806 As used in NRS 706.801 to 706.861, inclusive:
1. Department means each agency of this state, or of any political subdivision of this state, administering the fee involved.
2. Fee means each registration fee and tax imposed by this state, except motor vehicle fuel taxes, motor carrier regulation and licensing fees, and the additional fee imposed by subsection 9 of NRS 482.480.
3. Mileage includes mileage in this state and in all other states.
4. Motor vehicle includes every motor vehicle of a type required to be registered under the laws of this state.
5. Operator includes the owner or operator of any motor vehicle.
[5. Person includes any individual, firm, copartnership, joint venture, association, corporation, estate trust, business trust, receiver, syndicate or any other group or combination acting as a unit.]
6. Plan means a plan adopted by any state or states for the proration of fees on a basis to effectuate the principles set forth in NRS 706.826.
7. Reciprocity means that this state and another state, as to motor vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to motor vehicles registered in the other state.
8. State includes the states of the United States, the District of Columbia, the territories of the United States, the states, territories and federal district of Mexico, and the provinces of Canada.
9. Vehicle includes every vehicle of a type required to be registered under the laws of this state.
Sec. 16. NRS 706.841 is hereby amended to read as follows:
706.841 1. Each operator shall qualify to operate under NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the department of motor vehicles [prior to] before the time any fee becomes delinquent.
2. The application [shall:] must:
(a) Show the total mileage of motor vehicles operated by [such] the person in all states and in this state during the preceding statutory licensing period and describe and identify each vehicle to be operated during the registration period in such detail as the department may require.
(b) Be accompanied by a fee, unless the department is satisfied that [such] the fee is secured, to be computed as follows:
(1) Divide the number of in-state miles by the total number of fleet miles;
(2) Determine the total amount of money necessary, whether for fees or taxes, to register all vehicles in the fleet for which registration is requested;
(3) Multiply the amount determined under subparagraph (2) by the fraction obtained under subparagraph (1); [and]
(4) To the product obtained under subparagraph (3), add a service charge of [$2] $4 for each motor vehicle listed in the application [.] ; and
(5) To the sum obtained in subparagraph (4), add a minimum charge of $3 for the privilege tax for each motor vehicle listed in the application pursuant to NRS 371.030.
κ1981 Statutes of Nevada, Page 1055 (CHAPTER 517, SB 477)κ
Sec. 17. NRS 706.856 is hereby amended to read as follows:
706.856 1. The owner or operator of a motor vehicle coming within the provisions of [the Interstate Highway User Fee Apportionment Act] NRS 706.801 to 706.861, inclusive, may, in lieu of registering it pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a 48-hour temporary registration upon payment of a fee of [$2.50,] $6, which fee is in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive.
2. A 48-hour temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person exercising this option shall purchase the license at the first available vendor in the State of Nevada. The operator of a motor vehicle obtaining a 48-hour temporary registration from a vendor elects this option [for this vehicle] by virtue of the purchase. Any 48-hour period of time for which a 48-hour temporary registration was not purchased [shall] must be billed for 48-hour temporary registration on an audit until the vehicle is licensed under NRS 706.836 to 706.851, inclusive.
4. Every person electing to pay fees on a 48-hour temporary registration basis shall keep a written record of every trip made into or through this state and each 48-hour temporary registration so purchased, which record [shall] must be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
5. Upon request, the department [shall] may allow credit for the period for which temporary registrations were purchased if the applicant applies and prorates his vehicle registration. [within 60 days after the purchase of the first temporary registration within a licensing year.]
6. As a condition for exercising the privilege of reciprocity under the provisions of NRS 482.390, the department may:
(a) Require the operator of motor vehicles eligible for reciprocity to file annually an application listing the motor vehicles to be operated in this state;
(b) Issue identification devices for motor vehicles so listed;
(c) Collect an administrative fee of [$2 per] $4 per motor vehicle identified; and
(d) Collect the 48-hour temporary registration fee from the owner or operator of motor vehicles not so identified.
[7. The provisions of this section do not apply to interchange trailers if they are entitled to operate without payment of additional fees according to the regulations of the department.]
Sec. 18. NRS 706.861 is hereby amended to read as follows:
706.861 Mileage proportions for a fleet not registered in this state as a fleet during the preceding year [will] must be determined by the department with which the vehicle is registered upon the application of the applicant on forms to be supplied by the department, which [will] must show the operations of the fleet during the preceding year in such detail as the department may require and the estimated operation in this state in the current year [;] or, if no operations were conducted during the preceding year, [a full statement shall be made of the proposed method of operation.]
κ1981 Statutes of Nevada, Page 1056 (CHAPTER 517, SB 477)κ
this state in the current year [;] or, if no operations were conducted during the preceding year, [a full statement shall be made of the proposed method of operation.] the estimated operation in this state for the current year.
Sec. 19. NRS 366.220 is hereby amended to read as follows:
366.220 1. Except as otherwise provided in this chapter, it is unlawful for any special fuel dealer or special fuel user to sell or use special fuel within this state unless [such] the special fuel dealer or special fuel user is the holder of a special fuel dealers or special fuel users license issued to him by the department.
2. Any owner or operator of a motor vehicle coming within the provisions of this chapter may apply for a temporary special fuel license which [shall] must be purchased from the first available vendor. The fee for such license [shall be $10] is $20 for each motor vehicle. Such license [shall satisfy] satisfies the requirements of this chapter and [authorize] authorizes the operation of [such] the motor vehicle or combination of vehicles upon the highways of this state for a period of 48 consecutive hours. Such license [shall allow] allows purchase of special fuel tax free from a licensed special fuel dealer. Upon request, the department [shall] may allow credit for such licenses purchased, [provided] if the applicant [applies to the department and] is licensed as a special fuel user. [within 60 days after the purchase of the first such license within a licensing year. Such application shall] The application must be considered received on the date shown by the post office cancellation mark stamped on the envelope containing such application properly addressed to the department. [Such license shall be evidenced by a sticker displayed on each self-propelled vehicle in a manner specified by the department.]
3. The department may adopt [, amend and repeal] regulations relating to the issuance of any special fuel dealers or special fuel users license and the collection of fees therefor.
Sec. 20. NRS 366.221 is hereby amended to read as follows:
366.221 1. No special fuel users license [shall] may be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for the purpose of service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having an unladened weight of not more than 6,000 pounds.
(d) Operators of unladened motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
2. Any special fuel purchased in this state by any person exempt from licensing under subsection 1 [shall] must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles fuel supply tank.
3. The department [shall adopt rules and] may adopt regulations concerning the application and administration of this section.
κ1981 Statutes of Nevada, Page 1057 (CHAPTER 517, SB 477)κ
Sec. 21. NRS 366.550 is hereby amended to read as follows:
366.550 1. When the department requires, or when specifically provided by this chapter, an applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license, shall provide a bond duly executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The amount of the bond [shall be fixed by the department at one and one-third times the estimated amount of the quarterly tax,] must be determined by the department in such manner as [the department] it deems proper, and may be increased or reduced by the department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond [shall] must not exceed $5,000. The amount so fixed [shall] must be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license or special fuel users license affects the validity of any bond.
3. In lieu of a bond or bonds an applicant for a special fuel dealers license or special fuel users license or the holder of a special fuel dealers license or special fuel users license may deposit with the state treasurer, under such terms as the department may prescribe:
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada, which [shall] must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and which [shall] must indicate that this amount is unavailable for withdrawal except upon order of the department. Interest earned on this amount [shall] must accrue to the account of the applicant for or holder of the special fuel dealers license or special fuel users license.
Sec. 22. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may [, within such limitations as may be provided by law,] organize the department into various divisions and [, from time to time, alter such] alter the organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
κ1981 Statutes of Nevada, Page 1058 (CHAPTER 517, SB 477)κ
(c) From time to time adopt [, amend and rescind such rules and] regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as department agents for the purpose of selling [licenses and of collecting other fees and bonds where fixed ports of entry do not adequately serve a respective highway entering the state.] temporary licenses. The vendor [shall] must be remunerated at [the rate of] a rate not to exceed 75 cents per [license or bond sold.] temporary license. The vendor shall collect the tax, fees and temporary licenses provided for in chapters 366 and 706 of NRS, and pay them to the department. [The vendor shall collect any bonds as required and pay them to the department.] The vendor shall guarantee such payment by giving a bond to the state in such sum as may be fixed by the director. The premium on such bond [shall] may be paid by the department. The director may appoint inspectors of the public service commission of Nevada and Nevada highway patrolmen to serve without remuneration as vendors for the purposes of this subsection.
Sec. 23. 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 and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $12.
2. For every motorcycle, the sum of $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 $12.
4. For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $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 $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........................................... $12
3,550 to and including 3,649 pounds........................................... 14
3,650 to and including 3,749 pounds........................................... 16
3,750 to and including 3,849 pounds........................................... 18
3,850 to and including 3,949 pounds........................................... 20
3,950 to and including 3,999 pounds........................................... 22
5. For every bus or motortruck having an unladened weight of more than 3,500 pounds and less than 5,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds........................................... $14
3,550 to and including 3,649 pounds........................................... 16
3,650 to and including 3,749 pounds........................................... 18
3,750 to and including 3,849 pounds........................................... 20 3,850 to and including 3,949 pounds $22
κ1981 Statutes of Nevada, Page 1059 (CHAPTER 517, SB 477)κ
3,850 to and including 3,949 pounds........................................... $22
3,950 to and including 3,999 pounds........................................... 24
4,000 to and including 4,999 pounds........................................... 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 5,000 pounds or more, 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 $5.
8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 is $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 is $12.
11. A vehicle which is properly registered under this section is exempt from the provisions of NRS 706.506, 706.516, 706.521 and 706.526.
Sec. 24. NRS 706.496 and 706.511 are hereby repealed.
Sec. 25. This act shall become effective on January 1, 1982.
________
Senate Bill No. 546Committee on Transportation
CHAPTER 518
AN ACT relating to motor vehicles; increasing the fee for inspection for air pollution; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 445.700 is hereby amended to read as follows:
445.700 1. In areas of the state where and when a program is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees must be paid to the department of motor vehicles and accounted for in the pollution control fund which is hereby created as a special revenue fund:
κ1981 Statutes of Nevada, Page 1060 (CHAPTER 518, SB 546)κ
in the pollution control fund which is hereby created as a special revenue fund:
(a) For the issuance and annual renewal of license for an authorized station or a fleet station.............................................................................. $25 [;]
(b) For each set of 25 forms certifying emission control compliance [50;] 75
(c) For each form issued to a fleet station......................................... [2.] 3
2. All fees must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive.
3. The department of motor vehicles may prescribe by regulation routine inspection fees at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at the authorized station.
________
Senate Bill No. 206Committee on Finance
CHAPTER 519
AN ACT making an appropriation to the central data processing division of the department of general services for the development of a computerized tracking and accounting system for clients of the Nevada mental health institute; and providing other matters properly relating thereto.
[Approved June 3, 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 $124,300 for the purpose of developing a computerized tracking and accounting system for clients 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 on that date to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1061κ
Senate Bill No. 334Committee on Finance
CHAPTER 520
AN ACT making an appropriation to the prison industry fund for working capital; and providing other matters properly relating thereto.
[Approved June 3, 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 prison industry fund of the department of prisons the sum of $200,000 for the purpose of providing working capital.
Sec. 2. The money appropriated by section 1 of this act must be repaid to the state general fund by the department of prisons according to the following schedule:
1. $70,000 before July 1, 1985;
2. $70,000 before July 1, 1987; and
3. The remainder before July 1, 1989.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 335Committee on Finance
CHAPTER 521
AN ACT making an appropriation to the state printing and records division of the department of general services for the purchase and installation of certain machines for the state printing office; and providing other matters properly relating thereto.
[Approved June 3, 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 printing and records division of the department of general services the sum of $120,000 for the purchase and installation of a binding machine, a folding machine and a sheet counter for the state printing office.
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 1062κ
Senate Bill No. 338Committee on Finance
CHAPTER 522
AN ACT making an appropriation to the University of Nevada for certain computer equipment; and providing other matters properly relating thereto.
[Approved June 3, 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 University of Nevada the sum of $530,280 for the purchase of certain computer equipment.
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. 628Committee on Finance
CHAPTER 523
AN ACT making an additional and supplemental appropriation to the labor commissioner for travel expenses; and providing other matters properly relating thereto.
[Approved June 3, 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 labor commissioner the sum of $3,390 for the purpose of paying increased travel expenses. This appropriation is additional and supplemental to that allowed and made by section 36 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.
________
κ1981 Statutes of Nevada, Page 1063κ
Senate Bill No. 630Committee on Finance
CHAPTER 524
AN ACT making an additional and supplemental appropriation to the mental hygiene and mental retardation division of the department of human resources for the Lakes Crossing facility for the mentally disordered offender; and providing other matters properly relating thereto.
[Approved June 3, 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 $24,100 for the Lakes Crossing facility for the mentally disordered offender. 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.
________
Senate Bill No. 676Committee on Finance
CHAPTER 525
AN ACT making appropriations from the state general fund and the state highway fund to the buildings and grounds division of the department of general services for the purpose of paying expenses for which insufficient amounts were budgeted for the using agencies as rent of state buildings; and providing other matters properly relating thereto.
[Approved June 3, 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 buildings and grounds division of the department of general services the sum of $113,743 for the purpose of paying expenses for which insufficient amounts were budgeted for the using agencies as rent of state buildings.
Sec. 2. There is hereby appropriated from the state highway fund to the buildings and grounds division of the department of general services the sum of $46,600 for the purpose of paying expenses for which insufficient amounts were budgeted for the using agencies as rent of state buildings.
Sec. 3. Any remaining balances of the sums appropriated by sections 1 and 2 of this act must not be committed for expenditure after June 30, 1981, and revert respectively to the state general fund and the state highway fund as soon as all payments of money committed have been made.
κ1981 Statutes of Nevada, Page 1064 (CHAPTER 525, SB 676)κ
1 and 2 of this act must not be committed for expenditure after June 30, 1981, and revert respectively to the state general fund and the state highway fund as soon as all payments of money committed have been made.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 414Committee on Judiciary
CHAPTER 526
AN ACT relating to gaming; limiting the requirement for the termination of the employment of a person who is denied a license; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.165 is hereby amended to read as follows:
463.165 1. Except for persons associated with licensed corporations or limited partnerships and required to be licensed by NRS 463.530 or 463.569, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise a significant influence over the licensees operation of a gaming establishment may be required to apply for a license.
2. A person required to be licensed pursuant to subsection 1 shall apply for a license within 30 days after the commission requests that he do so.
3. If an employee required to be licensed under subsection 1:
(a) Does not apply for a license within 30 days after being requested to do so by the commission, and the commission makes a finding of unsuitability for that reason;
(b) Is denied a license; [because of a lack of good character, honesty or integrity;] or
(c) Has his license revoked by the commission,
the [gaming] licensee by whom he is employed shall terminate his employment [upon notification] in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail [to the licensee] of that action.
4. A gaming licensee or an affiliate of the licensee shall not pay to a person [who] whose employment has been terminated pursuant to subsection 3 any remuneration for any service performed in any capacity in which he is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise.
κ1981 Statutes of Nevada, Page 1065 (CHAPTER 526, SB 414)κ
deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
5. A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the commission, enter into any contract or agreement with a person who is found unsuitable or who is denied a license [because of lack of good character, honesty or integrity] or whose license is revoked by the commission or with any business enterprise under the control of that person after the date of receipt of notice of the action by the commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
6. A gaming licensee or an affiliate of the licensee shall not employ any person [who is] in a capacity for which he is required to be licensed, if he has been found unsuitable [, who has been] or denied a license, [because of a lack of good character, honesty or integrity] or whose license [is] has been revoked by the commission, after the date of receipt of notice of the action by the commission, without prior approval of the commission.
7. As used in this section, affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a [gaming] licensee.
Sec. 2. NRS 463.560 is hereby amended to read as follows:
463.560 1. If an employee of a corporate licensee who is required to be licensed individually:
(a) Does not apply for a license within 30 days after the commission requests him to do so, and the commission makes a finding of unsuitability for that reason;
(b) Is denied a license; or
(c) Has his license revoked by the commission,
the corporate gaming licensee by whom he is employed shall terminate his employment [upon notification] in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail [to the corporation of such] of that action.
2. If the corporate licensee designates another employee to replace the employee whose employment was terminated, it shall promptly notify the commission and shall cause the newly designated employee to apply for a gaming license.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1066κ
Senate Bill No. 413Committee on Judiciary
CHAPTER 527
AN ACT relating to the supervision of certain gaming establishments; strengthening the discretion vested in the Nevada gaming commission; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463B.050 is hereby amended to read as follows:
463B.050 The legislature hereby finds, and declares it to be the policy of this state, that:
1. The stability and continuity of gaming establishments in this state are essential to the states economy and to the general welfare of its residents.
2. Any closure of a gaming establishment because of a lapse, revocation or suspension of its license may cause unnecessary financial hardship to its employees, creditors and investors and may have an adverse economic effect on the residents of the community in which it is located and on the state generally.
3. Public confidence and trust in the ability of the state to control gaming operations must not be sacrificed by any relaxation of strict controls in particular circumstances merely to permit gaming operations to continue.
4. Placing the management and control of a gaming establishment whose license is lapsed, suspended or revoked under a competent supervisory official [will] may ensure the proper regulation of the establishment while maintaining its value for its investors, protecting the interests of other persons, avoiding any disruption of the economy of the community in which it is located, and promoting the general welfare of the state.
Sec. 2. NRS 463B.080 is hereby amended to read as follows:
463B.080 1. Except as provided in subsection 5, if the license of any person whose license is essential to the operation of a gaming establishment:
(a) Is revoked by the commission or by a court of this state;
(b) Is suspended by the commission; or
(c) Has not been renewed by the commission for a failure to comply with a condition which was previously placed on the license,
only the commission may ex parte petition the district court for the county in which the gaming establishment is located for appointment by the court of a supervisor to manage the establishment. Such a petition is discretionary with the commission and this chapter does not create any property right or interest in continued gaming at the establishment.
2. The petition must contain the names of two or more persons who the commission believes are suitable and qualified to manage a gaming establishment and are available for appointment as a supervisor.
3. Upon receipt of such a petition, the court shall appoint as supervisor of the gaming establishment a person who is listed in the petition. The court shall immediately notify the commission of the appointment.
κ1981 Statutes of Nevada, Page 1067 (CHAPTER 527, SB 413)κ
Upon receipt of notice from the court, the commission shall immediately notify all interested licensees.
4. The petition may be presented pursuant to this section even if time has not expired for a petition for judicial review of the final determination of the commission to revoke or suspend the gaming license.
5. The commission shall not petition any court for the appointment of a supervisor pursuant to this section if:
(a) The gaming establishment has never been in operation and opened to the public.
(b) A rehearing has been granted by the commission to the licensee on the revocation or suspension of his license and the rehearing has not been concluded.
6. If the commission does not petition for the appointment of a supervisor, no district court of this state may issue an order which allows gaming to continue at the establishment.
________
Senate Bill No. 527Committee on Judiciary
CHAPTER 528
AN ACT relating to gaming; specifying additional employees who must obtain work permits and providing for summary suspension of those permits; establishing a procedure for recording a lien for a deficiency determination; granting a privilege to licensees for communications required by law to be made to the board or commission; making various other changes to the laws regulating gaming; providing penalties; and providing other matters properly relating thereto.
[Approved June 3, 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 the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. Affiliated company means a subsidiary company, holding company, intermediate company or any other form of business organization that:
1. Controls, is controlled by or is under common control with a corporate licensee; and
2. Is involved in gaming activities in this state or involved in the ownership of property in this state upon which gaming is conducted.
Sec. 3. Gaming employee means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a horse race book, sports pool or pari-mutuel wagering, including:
1. Boxmen;
2. Cashiers;
3. Change personnel;
4. Counting room personnel;
5. Dealers;
κ1981 Statutes of Nevada, Page 1068 (CHAPTER 528, SB 527)κ
6. Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;
7. Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
8. Floormen;
9. Hosts or other persons empowered to extend credit or complimentary services;
10. Keno runners;
11. Keno writers;
12. Machine mechanics;
13. Odds makers and line setters;
14. Security personnel;
15. Shift or pit bosses;
16. Shills;
17. Supervisor or managers; and
18. Ticket writers.
Gaming employee does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.
Sec. 4. Nonrestricted license or nonrestricted operation means a state gaming license for, or an operation consisting of, 16 or more slot machines or a license for or operation of any number of slot machines together with any other game, gaming device, race book or sports pool at one establishment.
Sec. 5. Restricted license or restricted operation means a state gaming license for, or an operation consisting of, not more than 15 slot machines and no other game or gaming device at the establishment.
Sec. 6. Temporary work permit means a work permit which is valid only for a period not to exceed 90 days from its date of issue and is not renewable.
Sec. 7. Work permit means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.
Sec. 8. 1. The board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which commission approval is required or permission is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to ensure that licenses are not issued or held by, nor is there any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified, disqualified or unsuitable persons, or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations.
2. The board has full and absolute power and authority to recommend the denial of any application, the limitation, conditioning or restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the board.
κ1981 Statutes of Nevada, Page 1069 (CHAPTER 528, SB 527)κ
restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the board.
3. The commission has full and absolute power and authority to deny any application or limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or fine any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the commission.
Sec. 9. 1. It is unlawful for any person to:
(a) Lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest, percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for it.
(b) Lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whereby any consideration is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.
(c) Furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which that person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.
2. The provisions of subsection 1 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.
(c) Which is a wholly owned subsidiary of:
(1) A corporation or limited partnership holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.
(d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.
Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate or limited partnership licensee and the entities enumerated in paragraph (c) are permitted under this subsection.
κ1981 Statutes of Nevada, Page 1070 (CHAPTER 528, SB 527)κ
or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate or limited partnership licensee and the entities enumerated in paragraph (c) are permitted under this subsection.
3. The board may require any person exempted by the provisions of subsection 2 or paragraph (b) of subsection 1 to provide such information as it may require to perform its investigative duties.
4. The board and the commission may require a finding of suitability or the licensing of any person who:
(a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether he leases the property directly to the licensee or through an intermediary.
(b) Repairs, rebuilds or modifies any gaming device.
If the commission finds the person to be unsuitable, it may require the termination of the arrangement. Any agreement between a licensee and a person described in paragraph (a) or (b) of this subsection shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person is unsuitable. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.
Sec. 10. 1. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require the arrangement to be terminated.
2. If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with the licensee, the commission may, upon recommendation of the board, require the application of any person for a determination of suitability to be associated with a gaming enterprise if the person:
(a) Does business on the premises of the licensed gaming establishment;
(b) Does business with the licensed gaming establishment as a junket representative or ticket purveyor; or
(c) Provides any goods or services to the licensed gaming establishment for a compensation which the board finds to be grossly disproportionate to the value of the goods or services.
3. If the commission determines that the person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of subsection 2, is subject to termination upon a finding of unsuitability of the person associated therewith.
κ1981 Statutes of Nevada, Page 1071 (CHAPTER 528, SB 527)κ
of unsuitability of the person associated therewith. Every such agreement must be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.
Sec. 11. 1. As used in this section:
(a) Governing body includes the governing body of a political subdivision of this state and every authority composed of representatives of those bodies.
(b) Public transportation facility means an airport, marina, bus terminal or train station owned and operated by a governing body.
2. The commission may exempt a governing body, which leases a portion of a public transportation facility for the operation of slot machines only, from the provisions of NRS 463.160 and 463.170, sections 9 and 10 of this act, and the regulations of the commission relating to gaming if:
(a) The lessee who is operating the slot machines complies with all applicable federal, state and local licensing requirements; and
(b) The terms of the lease provide for the immediate termination of the lease upon the revocation of any license necessary to operate the slot machines.
3. The commission may grant, deny, limit, condition, suspend or revoke any exemption or any application for an exemption.
4. The grant of an exemption under this section does not create any vested rights.
Sec. 12. 1. Upon the expiration of 30 days after the service of notice of a deficiency determination, the amount of license fees or taxes due, together with all interest and penalties, constitutes a lien on any right, title or interest in all real and personal property where the gaming establishment is located, or that is directly connected with gaming, which is in the state and owned by the person against whom the determination has been made unless he files a petition for a redetermination which complies with the provisions of NRS 463.3883.
2. If a proper petition for a redetermination is filed, any amount due pursuant to a final order or decision upon the petition for redetermination constitutes a lien on all such property within the state owned by the debtor upon service of the final order or decision.
3. The filing of a petition for judicial review does not affect the lien or stay any action for the enforcement of the lien. If the amount due is modified upon review, the commission shall record a notice of the modification of the amount of the lien.
4. A debtor continues to be responsible for a deficiency determination although he is no longer licensed pursuant to this chapter.
5. A lien created pursuant to this section is perfected upon the recording of a notice of the lien with the secretary of state and the county recorder of the county within which the establishment subject to the lien is located.
κ1981 Statutes of Nevada, Page 1072 (CHAPTER 528, SB 527)κ
is located. The lien has priority over any other lien except a previously recorded lien and continues for 5 years from the date it is recorded unless it is sooner discharged.
6. Within 5 years after the recording of the lien or within 5 years after its most recent extension, the lien may be extended by recording a notice that it remains unsatisfied with the secretary of state and the county recorder of the county within which the establishment subject to the lien is located. Upon this recording, the existence of the lien is extended 5 years unless sooner released or otherwise discharged.
7. The lien is discharged upon:
(a) Payment or cancellation of the underlying debt; or
(b) The conveyance to the state of property which satisfied the underlying debt.
Sec. 13. Any information obtained by the board from any licensee, his employer or agent relating to the termination of a gaming employee is confidential and must not be disclosed except:
1. Such information obtained from the former employer of an applicant for a work permit must be disclosed to the applicant to the extent necessary to permit him to respond to any objection made by the board to his application for the permit;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction.
Sec. 13.5. Any communication or document of a licensee which is required by law or the regulations of the board or commission to be made or transmitted to the board or commission or any of their agents or employees is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
Sec. 14. 1. The commission may issue an emergency order suspending a persons work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the permitholder.
2. The emergency order must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the emergency order shall be deemed a complaint.
3. The person whose work permit is summarily suspended:
(a) Has a right to a hearing on the order. The commission shall schedule a hearing within 5 days after receipt of the persons notice of defense.
(b) Must file a notice of defense within 30 days after the effective date of the emergency order. Failure to timely file this notice waives his right to a hearing before the commission and to judicial review of the final decision.
4. All affirmative defenses must be specifically stated in the notice of defense and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
5. Except as otherwise provided in this section, the procedures for a disciplinary action in NRS 463.312 must be followed.
Sec. 15. 1. Any person who operates or maintains in this state any gaming device of a specific model, or which includes a significant modification, which the board has not approved for testing or for operation, is subject to disciplinary action by the board or commission.
κ1981 Statutes of Nevada, Page 1073 (CHAPTER 528, SB 527)κ
gaming device of a specific model, or which includes a significant modification, which the board has not approved for testing or for operation, is subject to disciplinary action by the board or commission.
2. The board shall maintain a list of approved gaming devices.
3. The commission shall adopt regulations relating to gaming devices and their significant modification.
Sec. 16. All gaming must be conducted with chips or tokens approved by the board or with the legal tender of the United States.
Sec. 17. In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets which are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager must not be deducted as losses from winnings.
Sec. 18. 1. The commission may:
(a) Adopt regulations governing the sale or offering for sale of securities, by public or other offerings, of any affiliated company of a corporate licensee.
(b) Pursue any remedy or combination of remedies provided in this chapter for a violation of any regulation adopted pursuant to this section, but any such violation does not affect the validity of the securities issued.
2. As used in this section, unless the context otherwise requires, sale means every contract of sale, contract to sell, disposition or transfer whether or not for value. The term includes any exchange and any material change in the rights, preferences, privileges or restrictions of or on outstanding securities.
Sec. 19. Every district attorney, sheriff and chief of police shall furnish to the board, on forms prepared by the board, all information obtained during the course of any substantial investigation or prosecution of any person if it appears that a violation of any law related to gaming has occurred.
Sec. 20. 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 463.01275, inclusive, and sections 3 to 7, inclusive, of this act, unless the context otherwise requires, have the meanings ascribed to them in [such] those sections. [unless a different meaning clearly appears in the context.]
Sec. 21. NRS 463.011 is hereby amended to read as follows:
463.011 Game or gambling game means any banking or percentage game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, or any other game or device approved by the commission, but does not include social games played solely for drinks, or cigars or cigarettes served individually, or games played in private homes or residences for prizes or games operated by charitable or educational organizations which are approved by the board pursuant to the provisions of NRS 463.409.
κ1981 Statutes of Nevada, Page 1074 (CHAPTER 528, SB 527)κ
Sec. 22. NRS 463.0112 is hereby amended to read as follows:
463.0112 Gaming device means any mechanical, electromechanical or electronic contrivance, component or machine used in connection with gaming or any game [.] which affects the result of a wager by determining win or loss. The term includes a system for processing information which can alter the normal criteria of random selection, which affects the operation of any game or which determines the outcome of a game. The term does not include a system or device which affects a game solely by stopping its operation so that the outcome remains undetermined.
Sec. 23. NRS 463.080 is hereby amended to read as follows:
463.080 1. [Subject to the provisions of NRS 463.075, the] The board, with the approval of the commission, may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(c) Incur such other expenses, within the limit of [funds] money available to it, as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the board [shall] must be paid out on claims from the state general fund in the same manner as other claims against the state are paid.
3. The board shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the board and commission may require.
4. The members of the board and all the personnel of the board, except clerical employees, [shall be] are exempt from the provisions of chapter 284 of NRS. They [shall be] are entitled to such leaves of absence as the board prescribes; but such leaves [shall] must not be of lesser duration than those provided for other state employees pursuant to chapter 284 of NRS.
5. Clerical employees of the board [shall be] are in the classified service [pursuant to] but are exempt from the provisions of chapter 284 of NRS [, except] for purposes of removal. [; and they shall] They are entitled to receive an annual salary which [shall] must be fixed in accordance with the pay plan adopted under the provisions of [chapter 284 of NRS.] that chapter.
6. The board and the commission shall, by suitable regulations, establish a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause. [Such regulations shall] The regulations must include provisions for hearings in personnel matters and for review of adverse actions taken in [such] those matters.
Sec. 24. NRS 463.095 is hereby amended to read as follows:
463.095 The board may employ the services of [experts in the fields of corporate organization and management] such persons as it considers necessary for the purposes of consultation or investigation.
κ1981 Statutes of Nevada, Page 1075 (CHAPTER 528, SB 527)κ
necessary for the purposes of consultation or investigation. [without the necessity of their approval by the attorney general and without regard to their qualification to practice law or any other profession in this state.]
Sec. 25. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. [, which] These records are open to public inspection.
2. The board shall maintain a file of all applications for licenses under this chapter, together with a record of all action taken with respect to [such applications, which] those applications. The file and record are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. All information and data [required] :
(a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee; and
(b) Pertaining to an applicants criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source,
are confidential and [must not] may be revealed in whole or in part [except as follows:
(a) In] only in the course of the necessary administration of this chapter [.
(b) Upon] or upon the lawful order of a court of competent jurisdiction [.
(c) To a duly] , except that the commission may reveal such information and data to an authorized agent of any agency of the United States [government] Government, [or of] any state [, including but not limited to agents of the Federal Bureau of Investigation, the United States Treasury Department or the Internal Revenue Service of the United States or the United States Securities and Exchange Commission] or any political subdivision of this state pursuant to regulations adopted by the commission.
5. [All information and data pertaining to an applicants criminal record, antecedents and background, other than financial, furnished to or obtained by the board or the commission from any source, may be considered confidential and may be withheld in whole or in part; except that any information must be released upon lawful order of a court of competent jurisdiction.
6.] Notice of the content of any information or data furnished or released pursuant to [subsections 4 and 5] subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.
[7.] 6. The files, records reports of the board are open at all times to inspection by the commission and its [duly] authorized agents.
[8.] 7. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the [state gaming control] board and the Nevada gaming commission as is necessary to the administration of this chapter.
κ1981 Statutes of Nevada, Page 1076 (CHAPTER 528, SB 527)κ
Sec. 26. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses [shall] must be administered by the [state gaming control] board and the [Nevada gaming] commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.
2. [The board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which commission approval is required or permission is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to the end that licenses shall not be issued to nor held by nor shall there by any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified or disqualified persons, unsuitable persons or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations. The board has full and absolute power and authority to recommend the denial of any application, the limitation, conditioning or restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the board. The commission has full and absolute power and authority to deny any application or limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or fine any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the commission.
3.] The board and the commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment or supplies for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of applicants and licensees, on their premises, or elsewhere as practicable, and in the presence of the licensee or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
3. For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for a period of 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
κ1981 Statutes of Nevada, Page 1077 (CHAPTER 528, SB 527)κ
judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
4. The board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter or chapter 463B, 464 or 465 of NRS. For the purpose of the administration and enforcement of this chapter and chapters [463,] 463B, 464 and 465 of NRS, and of chapter 205 of NRS so far as it involves crimes against the property of gaming licensees, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission have the powers of a peace officer of [the State of Nevada.] this state.
5. For the purpose of protecting members of the board and of the commission and their property, and providing security at meetings of the board and of the commission, the employees of the enforcement division of the board have the powers of a peace officer of this state.
[5.] 6. The board and the commission [or any member thereof shall each have] or any of its members has full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
Sec. 27. NRS 463.142 is hereby amended to read as follows:
463.142 1. At any time:
(a) Within 5 years after any amount of fees, interest, penalties or tax required to be paid or collected pursuant to the provisions of this chapter becomes due and payable;
(b) Within 5 years after the delinquency of any amount of such fees, interest, penalties or tax; or
(c) Within 3 years after the [commission] board has, within one of the 5-year periods limited by paragraphs (a) and (b), made a determination of any fee, interest, penalty or tax pursuant to NRS 463.388, whichever period extends the longest,
the [commission] board may bring a civil action in the courts of this state, or any other state, or of the United States, in the name of the State of Nevada to collect the amount due together with penalties and interest. An action may be brought even though the person owing the amount is [not] no longer a gaming licensee under the provisions of this chapter.
2. If the action is brought in this state:
(a) A writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.
(b) The records of the [commission] board are prima facie evidence of the determination of the tax or the amount of the tax, the delinquency of the amount set forth and compliance by the [commission] board with all the provisions of this chapter in relation to the computation and determination of the amounts.
κ1981 Statutes of Nevada, Page 1078 (CHAPTER 528, SB 527)κ
all the provisions of this chapter in relation to the computation and determination of the amounts.
Sec. 28. NRS 463.150 is hereby amended to read as follows:
463.150 1. The commission [is empowered and] shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter.
2. [Such regulations shall,] These regulations must, without limiting the general powers herein conferred, include the following:
(a) Prescribing the method and form of application which any applicant for a gaming license or for a manufacturers, sellers or distributors license [shall] must follow and complete [prior to] before consideration of his application by the board.
(b) Prescribing the information to be furnished by any applicant or licensee concerning [such persons] his antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Prescribing the information to be furnished by a licensee relating to his gaming employees.
[(c)] (d) Requiring fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification.
[(d)] (e) Prescribing the manner and procedure of all hearings conducted by the board or commission or any hearing examiner of the board or commission, including special rules of evidence applicable thereto and notices thereof.
[(e)] (f) Requiring any applicant to pay all or any part of the fees and costs of investigation of such applicant as may be determined by the board.
[(f)] (g) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
[(g)] (h) Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices for the purposes of this chapter.
[(h)] (i) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
[(i)] (j) Governing the manufacture, sale and distribution of gambling devices and equipment.
[(j)] (k) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the board or commission, except any privilege afforded by the constitutions of the United States or this state.
[(k)] (l) Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others [shall be] are permitted to practice before the board or commission.
Sec. 29. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
κ1981 Statutes of Nevada, Page 1079 (CHAPTER 528, SB 527)κ
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine [as defined in this chapter, or to operate, carry on, conduct or maintain] or any horserace book or sports pool;
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, horserace book or sports pool,
without having first procured, and thereafter maintain in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated city or town.
2. [It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for it.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.
4. It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which that person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.
5.] It is unlawful for any person knowingly to permit any gambling game, slot machine or gaming device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, [except] by a person who is not licensed [hereunder,] under this chapter, or his employee.
[6. The provisions of subsections 2, 3 and 4 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.
(c) Which is a wholly owned subsidiary of:
(1) A corporation or limited partnership holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.
κ1981 Statutes of Nevada, Page 1080 (CHAPTER 528, SB 527)κ
(d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.
Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate or limited partnership licensee and the entities enumerated in paragraph (c) are permitted under this subsection.
7. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require the arrangement to be terminated.
8. If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with the licensee, the commission may, upon recommendation of the board, require the application of any business or person for a determination of suitability to be associated with a gaming enterprise if the person or business:
(a) Does business on the premises of the licensed gaming establishment;
(b) Does business with the licensed gaming establishment as a junket representative or ticket purveyor; or
(c) Provides any goods or services to the licensed gaming establishment for a compensation which the board finds to be grossly disproportionate to the value of the goods or services.
If the commission determines that the business or person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person or business other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of this subsection, is subject to termination upon a finding of unsuitability of the business or of any person associated therewith. Every such agreement must be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.]
κ1981 Statutes of Nevada, Page 1081 (CHAPTER 528, SB 527)κ
days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.]
Sec. 30. NRS 463.175 is hereby amended to read as follows:
463.175 1. As used in this section:
(a) Bank means a national banking association which has its chief place of business in this state, a banking corporation formed under the laws of this state or a trust company formed under the laws of this state which has its chief place of business in this state.
(b) Fiduciary means an executor, an administrator, a special administrator, a trustee of an inter vivos trust, a trustee of a testamentary trust, an escrow agent, a depositary or any combination thereof.
2. The commission may, selectively or by general regulation, at any time and from time to time, exempt a bank acting as a fiduciary from all or any portion of the requirements of NRS 463.160, 463.170 [and] , 463.490 to 463.645, inclusive, and sections 9 and 10 of this act, and from the regulations [promulgated] adopted thereunder.
3. The commission may, upon the recommendation of the board or upon its own undertaking, grant, deny, limit, condition, restrict, revoke or suspend any exemption or application for exemption pursuant to subsection 2 for any reasonable cause. [which the commission considers reasonable.]
4. An exemption granted pursuant to subsection 2 is a revocable privilege, and no person may acquire any vested rights therein or thereunder.
Sec. 31. NRS 463.210 is hereby amended to read as follows:
463.210 1. Within a reasonable time after filing of an application and such supplemental information as the board may require, the board shall commence its investigation of the applicant and shall conduct such proceedings in accordance with applicable regulations as it may deem necessary.
2. If a person has applied for a position which cannot be held pending licensure or approval by the commission, [The] the board shall [make] use its best efforts to enter its order [, either recommending approval or denial of an] concerning the application [;] not longer than [90 days] 9 months after the application and supporting data are completed and filed with the board. [In the event] If denial of an application is recommended, the board shall prepare and file with the commission its written reasons upon which the order is based.
3. The board shall have full and absolute power and authority to recommend denial of any application for any reasonable cause. [deemed reasonable by the board.]
4. A recommendation of denial of an application [shall be] is without prejudice to a new and different application if made in conformity to regulations applicable to such situations.
Sec. 32. NRS 463.220 is hereby amended to read as follows:
463.220 1. [After final order approving an application, the board will present its recommendation] The board shall present its final order upon an application to the commission at the next meeting of the commission.
κ1981 Statutes of Nevada, Page 1082 (CHAPTER 528, SB 527)κ
2. The commission may, after considering the recommendation of the board, issue to the applicant or applicants named, as [individuals,] natural persons, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same. The commission may limit such license or place such conditions thereon as it may deem necessary in the public interest. The commission may, if satisfied of the necessity of such action, issue a probationary license. No state gaming license [shall] may be assigned either in whole or in part.
3. The commission may limit or place such conditions as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.
4. After final order of the [state gaming control] board recommending denial of an application, the commission, after considering the recommendation of the board, may:
(a) Deny the application;
(b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or
(c) By unanimous vote of the members present, grant the application for a license, registration, finding of suitability or approval.
For the purposes of this section, a tie vote of the board upon an application does not constitute a recommendation of denial of the application.
5. If the commission is not satisfied that an applicant approved by the [state gaming control] board is qualified to be licensed [hereunder,] under this chapter, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
6. If the commission desires further investigation be made or to conduct such hearings, it shall, within 30 days after presentation of the recommendation of the board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission [shall] must be taken within 120 days after the recommendation of the board has been presented to the commission. Failure of the commission to take action within [such 120-day period] 120 days shall be deemed to constitute approval of [such] the applicant by the commission, and a license [shall] must be issued forthwith upon compliance by the applicant with the provisions of subsection [7 of this section.] 8.
[6.] 7. The commission [shall have] has full and absolute power and authority to deny any application for any cause [deemed reasonable by such commission. In the event] it deems reasonable. If an application is denied, the commission shall prepare and file its written decision upon which its order denying [such] the application is based.
[7.] 8. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees and taxes as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission [will] shall issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
κ1981 Statutes of Nevada, Page 1083 (CHAPTER 528, SB 527)κ
9. The commission shall fix the amount of the bond to be required under [this] subsection 8 at no more than the total amount of license fees and taxes estimated to become due from the licensee [prior to] before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter. The bond shall be furnished in cash or negotiable securities. If furnished in negotiable securities, the principal [shall] must be placed without restriction at the disposal of the commission, but any income [shall] must inure to the benefit of the licensee.
Sec. 33. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses [shall become] are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal [shall] must be filed with the commission and all state license fees and taxes required by law [shall] , including without limitation NRS 463.370, 463.373 to 463.385, inclusive, 463.401, 463.660 and 464.040, must be paid to the commission on or before the dates respectively provided by law for each [such] fee or tax.
4. Application for renewal of licenses for slot machines only [shall] must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than [$25] $50 or 25 percent of the [gross] amount due, whichever is the greater, but in no case in excess of $1,000. [where the fee is based on gross revenue and $800 in all other cases, which penalty shall] The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which [shall] must be attached to each state gaming license so renewed.
7. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as [herein provided,] provided in this section, is guilty of a misdemeanor [;] and, in addition to the penalties provided by law, [shall be] is liable to the State of Nevada for all license fees, taxes and penalties which would have been due and payable upon application for renewal. [as herein provided.]
8. If any licensee or other person fails to renew his license as [herein provided] provided in this section the commission may order the immediate closure of all gaming activity of the licensee until [such time as] the license [has been] is renewed by the payment of the necessary fees, taxes, interest and any penalties. Failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
κ1981 Statutes of Nevada, Page 1084 (CHAPTER 528, SB 527)κ
30 days after the date required by this chapter shall be deemed a surrender of the license.
Sec. 34. NRS 463.335 is hereby amended to read as follows:
463.335 1. [As used in this section:
(a) Gaming employee means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a horse race book, sports pool or pari-mutuel wagering, including:
(1) Boxmen;
(2) Cashiers;
(3) Change personnel;
(4) Counting room personnel;
(5) Dealers;
(6) Floormen;
(7) Hosts or other persons empowered to extend credit or complimentary services;
(8) Keno runners;
(9) Keno writers;
(10) Machine mechanics;
(11) Odds makers and line setters;
(12) Security personnel;
(13) Shift or pit bosses;
(14) Shills;
(15) Supervisors or managers; and
(16) Ticket writers.
Gaming employee does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.
(b) Temporary work permit means a work permit which is valid only for a period not to exceed 90 days from its date of issue and is not renewable.
(c) Work permit means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.
2.] The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.130, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
[3.] 2. No person may be employed as a gaming employee unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city.
κ1981 Statutes of Nevada, Page 1085 (CHAPTER 528, SB 527)κ
A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
[4.] 3. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of place of employment.
[5.] 4. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
[6.] 5. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
[7.] 6. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure to apply for a hearing within [the 60-day period] 60 days shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 30 days after the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. The board may object to issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
(a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapters [463,] 463B, 464 or 465 of NRS or the regulations of the [Nevada gaming] commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny against his employer or any gaming licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;
κ1981 Statutes of Nevada, Page 1086 (CHAPTER 528, SB 527)κ
licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;
(d) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(e) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(f) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
[8.] 7. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315.
[9.] 8. All records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
[10.] 9. A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for [a period of] more than 90 days.
Sec. 35. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee [as defined in NRS 463.335] is convicted of [a violation of NRS 465.070 to 465.085, inclusive,] any violation of this chapter or chapter 463B, 464 or 465 of NRS, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a gaming employee employed by the licensee has been guilty of cheating, the commission shall after a hearing as provided in NRS 463.310 and 463.312:
(a) If the gaming employee holds a work permit issued by the board, revoke it.
(b) If the gaming employee holds a work permit issued by a county or city licensing authority, notify such authority to revoke it, and the county or city licensing authority shall revoke it.
2. The commission may revoke a work permit issued by the board or, if issued by a county or city licensing authority, notify the authority to revoke it, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 that the gaming employee has failed to disclose, misstated or otherwise misled the board in respect to any fact contained within any application for a work permit or, subsequent to being issued a work permit:
κ1981 Statutes of Nevada, Page 1087 (CHAPTER 528, SB 527)κ
463.310 and 463.312 that the gaming employee has failed to disclose, misstated or otherwise misled the board in respect to any fact contained within any application for a work permit or, subsequent to being issued a work permit:
(a) Committed, attempted or conspired to do any of the acts prohibited by [NRS 465.070 to 465.085, inclusive;] this chapter or chapter 463B, 464 or 465 of NRS;
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the board;
(d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee or upon the premises of a licensed gaming establishment;
(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling;
(f) Accepted employment without prior commission approval in a position for which he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the commission;
(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;
(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act; [or]
(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities [.] ; or
(j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B, 464 or 465 of NRS.
3. A work permit must not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section, or to whom the issuance or renewal of a work permit has been denied, except with the unanimous approval of the commission members.
4. A gaming employee whose work card has been revoked pursuant to this section is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315.
5. Nothing in this section limits or prohibits the enforcement of NRS 463.165, 463.560, 463.595, 463.637 or 463.645.
Sec. 36. NRS 463.343 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1088 (CHAPTER 528, SB 527)κ
463.343 1. The board or commission or any applicant, licensee, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the commission may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada in and for Carson City, or in the district court of the district in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.
2. When an action is brought by a person other than the board or commission, the commission must be made a party to the action and the attorney general must be served with a copy of the complaint and is entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section must be construed in a manner consistent with the declared policy of the state.
4. The filing of a complaint for judicial determination under this section does not stay enforcement of any commission or board action. The board or commission may grant a stay upon appropriate terms.
5. In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common law writ to:
(a) Any applicant for licensing, finding of suitability or registration;
(b) Any person who has been ordered by the board or commission to submit his application for licensing, finding of suitability or registration; [or]
(c) Any person seeking judicial review of an action of the commission which is subject to the provisions of NRS 463.315 [.] ; or
(d) Any person who is adversely affected by the appointment of a supervisor pursuant to chapter 463B of NRS.
Sec. 37. NRS 463.350 is hereby amended to read as follows:
463.350 1. A person under the age of 21 years shall not:
(a) Play, or be allowed to play, any licensed game or slot machine.
(b) Place wagers with or collect winning wagers from any licensed horse race book, sports pool or pari-mutuel operator.
(c) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, horse race book, sports pool or pari-mutuel wagering is operated or conducted.
(d) Be employed as a gaming employee [as defined by paragraph (a) of subsection 1 of NRS 463.335.] except in a counting room.
2. Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section and any person, under 21 years of age, who violates any of the provisions of this section is guilty of a misdemeanor.
3. In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no excuse for the licensee, employee, dealer or other person to plead that he believed the person to be 21 years old or over.
Sec. 38. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of a person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for [a period of 1 year from] 1 year after the date of such revocation.
κ1981 Statutes of Nevada, Page 1089 (CHAPTER 528, SB 527)κ
person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for [a period of 1 year from] 1 year after the date of such revocation.
2. Any person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Except as provided in subsection 4, any person who willfully violates, attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS 463.160 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, by a fine of not more than $50,000, or by both fine and imprisonment.
4. A licensee who puts additional games or slot machines into play or displays additional games or slot machines in a public area without first obtaining all required licenses and approval is subject only to the penalties provided in NRS 463.270 and 463.310 and in any applicable ordinance of the county, city or town.
5. The violation of any of the provisions of this chapter, the penalty for which is not specifically fixed in this chapter, is a gross misdemeanor.
Sec. 39. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, before issuing a state gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of the applicant as follows:
Three percent of all the gross revenue of an applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of an applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five and three-fourths percent of all the gross revenue of an applicant which exceeds $400,000 per quarter year.
2. Unless the licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar quarter, on or before the last day of the first month of the calendar quarter for which the license is issued.
3. When a licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that quarter, on or before the last day of the first month of the following calendar quarter of operation. The payment of the fee due for the first full calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee in like amount for the next full calendar quarter.
κ1981 Statutes of Nevada, Page 1090 (CHAPTER 528, SB 527)κ
full calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee in like amount for the next full calendar quarter. Thereafter, each quarterly license fee must be paid in advance based on the gross revenue of the preceding quarter. Any deposit held by the commission on July 1, 1969, must be treated as an advance payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of such license fees.
5. If the amount of license fees required to be reported and paid pursuant to this section 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 license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest must be computed at the rate of [7 percent per annum] 1 percent per month from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
6. Except as provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
Sec. 39.5. Section 3 of Assembly Bill No. 134 of the 61st session of the Nevada legislature is hereby amended to read as follows:
Sec. 3. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, before issuing a state gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of the applicant as follows:
Three percent of all the gross revenue of an applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of an applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
[Five and three-fourths] Five and one-half percent of all the gross revenue of an applicant which exceeds $400,000 per quarter year.
2. Unless the licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar quarter, on or before the last day of the first month of the calendar quarter for which the license is issued.
3. When a licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that quarter, on or before the last day of the first month of the following calendar quarter of operation. The payment of the fee due for the first full calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee in like amount for the next full calendar quarter.
κ1981 Statutes of Nevada, Page 1091 (CHAPTER 528, SB 527)κ
of the fee due for the first full calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee in like amount for the next full calendar quarter. Thereafter, each quarterly license fee must be paid in advance based on the gross revenue of the preceding quarter. Any deposit held by the commission on July 1, 1969, must be treated as an advance payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of such license fees.
5. If the amount of license fees required to be reported and paid pursuant to this section 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 license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee. Interest must be computed at the rate of 1 percent per month from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
6. Except as provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
Sec. 40. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for [the] a restricted operation, [of not more than 15 slot machines and no other game or gaming device,] the commission shall charge and collect from [such] the applicant a license fee of $35 for each slot machine for each quarter year.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in [such] that location, whether [such] the machines are owned by one or more licensee-owners.
Sec. 40.5. Section 5 of Assembly Bill No. 134 of the 61st session of the Nevada legislature is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1092 (CHAPTER 528, SB 527)κ
Sec. 5. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for a restricted operation, the commission shall charge and collect from the applicant a license fee of [$35] $25 for each slot machine for each quarter year.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether the machines are owned by one or more licensee-owners.
Sec. 41. NRS 463.375 is hereby amended to read as follows:
463.375 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for [the operation of 16 or more slot machines or for the operation of any number of slot machines together with any other game or gaming device,] a nonrestricted operation, the commission shall charge and collect from [such] the applicant a license fee of $80 for each slot machine for each calendar year.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of $20 for each slot machine for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in [such] that location, whether [such] the machines are owned by one or more licensee-owners.
Sec. 41.5. Section 7 of Assembly Bill No. 134 of the 61st session of the Nevada legislature is hereby amended to read as follows:
Sec. 7. NRS 463.375 is hereby amended to read as follows:
463.375 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for a nonrestricted operation, the commission shall charge and collect from the applicant a license fee of [$80] $40 for each slot machine for each calendar year.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of [$20] $10 for each slot machine for each calendar quarter:
κ1981 Statutes of Nevada, Page 1093 (CHAPTER 528, SB 527)κ
subsection 1, at the rate of [$20] $10 for each slot machine for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operation of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether the machines are owned by one or more licensee-owners.
Sec. 42. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be [construed as and] deemed a game within the meaning of this section.
3. All licenses [shall] must be issued for the calendar year beginning January 1 and expiring December 31. [and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees.]
κ1981 Statutes of Nevada, Page 1094 (CHAPTER 528, SB 527)κ
collected under the provisions of this section shall be those fees herein fixed as annual license fees.] If the operation of the licensee is continuing, the commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year. If the operation is new or has been temporarily closed with the approval of the board, the commission shall prorate the licensee fee on a monthly basis. If any licensee desires to enlarge his operations during the calendar year, he [shall,] must, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and [shall be] is entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building [shall] must be construed as one operation hereunder and the license to be paid [shall] must be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
6. [The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.] Except as provided in this section and NRS 463.386, the amount of the fee specified in subsection 1 must not be prorated.
Sec. 43. NRS 463.383 is hereby amended to read as follows:
463.383 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect from each applicant a quarterly license fee to be determined on the basis of the following annual rates:
(a) For establishments operating or to operate ten games or less:
Those establishments operating or to operate one game, the sum of $50.
Those establishments operating or to operate two games, the sum of $100.
Those establishments operating or to operate three games, the sum of $200.
Those establishments operating or to operate four games, the sum of $375.
Those establishments operating or to operate five games, the sum of $875.
Those establishments operating or to operate six or seven games, the sum of $1,500.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $3,000.
(b) From establishments operating or to operate more than ten games:
(1) For each game up to and including 16 games, the sum of $500.
κ1981 Statutes of Nevada, Page 1095 (CHAPTER 528, SB 527)κ
(2) For each game from 17 to 26 games, inclusive, the sum of $4,800.
(3) For each game from 27 to 35 games, inclusive, the sum of $2,800.
(4) For each game more than 35 games, the sum of $100.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of one-fourth of the prescribed annual rate for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional games into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be [construed as and] deemed a game within the meaning of this section.
5. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
6. All games operated or conducted in one room or a group of rooms in the same or contiguous building [shall] must be construed as one operation hereunder and the license to be paid [shall] must be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
Sec. 44. NRS 463.386 is hereby amended to read as follows:
463.386 1. [If the securities of a corporate licensee are or become publicly held or publicly traded, the gaming operations of that corporation may be transferred to a wholly owned subsidiary corporation, if the subsidiary corporation applies for and obtains a license.
2. If the commission approves the issuance of a license to the wholly owned subsidiary corporation, all prepaid state gaming taxes and fees which are credited to the account of the parent corporation must be transferred and credited to the account of the subsidiary.
3. If a corporate gaming licensee is merged with another corporation, at least 80 percent of which is owned by shareholders of the former corporate licensee, and which is thereafter licensed at the same location within 30 days following the merger, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the merged corporate licensee shall be deemed to have been transferred to the surviving corporation and the previously licensed operation shall be deemed to be a continuing operation under the license of the surviving corporation.
κ1981 Statutes of Nevada, Page 1096 (CHAPTER 528, SB 527)κ
4. If a corporation gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent corporation, 80 percent of which is owned by the parent corporation, is licensed at the same location within 30 days following the dissolution, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the dissolved corporate licensee shall be deemed to have been transferred to the parent corporation or subsidiary corporation of the parent corporation and the previously licensed operation shall be deemed to be a continuing operation under the other corporate license.
5. If a corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity and is licensed at the same location within 30 days after the effective date of the plan, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the former corporate licensee is deemed to have been transferred to the limited partnership and the previously licensed operation is deemed to be a continuing operation under the limited partnership.] If the commission approves the issuance of a license, at the same location, within 30 days following a change described in subsection 2, for the purposes of NRS 463.370 and 463.373 to 463.385, inclusive, the gaming license shall be deemed transferred and the previously licensed operation shall be deemed a continuing operation.
2. Credit must be granted for prepaid license fees as described in subsection 1 if:
(a) The securities of a corporate gaming licensee are or become publicly held or publicly traded and the gaming operations of that corporation are transferred to a wholly owned subsidiary corporation;
(b) A corporate gaming licensee is merged with another corporation which is the surviving entity and at least 80 percent of the surviving entity is owned by shareholders of the former licensee;
(c) A corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent corporation, at least 80 percent of which is owned by the parent corporation, becomes the gaming licensee;
(d) A corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity;
(e) The assets of a gaming licensee who is a sole proprietorship are transferred to a corporation and at least 80 percent of the stock of the corporation is held by the former sole proprietor;
(f) A corporate gaming licensee is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the stock of the former corporation;
(g) Where a licensed gaming partnership is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the former partnership interests; or
κ1981 Statutes of Nevada, Page 1097 (CHAPTER 528, SB 527)κ
(h) Where the assets of a gaming licensee who is a sole proprietorship are transferred to a partnership in which 80 percent of the ownership of the partnership interests are held by the former sole proprietor.
3. Except as provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.
Sec. 45. NRS 463.387 is hereby amended to read as follows:
463.387 1. State gaming license fees or taxes erroneously collected may be refunded, upon the approval of the commission, as other claims against the state are paid.
2. Within 90 days after the mailing of the notice of the commissions action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
3. Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.
4. If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
5. In any case where a refund is granted, interest [shall] must be allowed at the rate of [7 percent per annum] 1 percent per month upon the amount found to have been illegally collected from the date of payment of the amount to the date the refund is paid.
6. Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, [shall] must be filed with the commission within 5 years after the date of overpayment and not thereafter.
7. The provisions of this chapter must not be construed to permit the proration of state gaming taxes or license fees for purposes of a refund.
Sec. 46. NRS 463.388 is hereby amended to read as follows:
463.388 1. If the [commission] board is not satisfied with the report of the state license fees or taxes required to be paid to the state pursuant to this chapter by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the report or upon the basis of an audit conducted by the board or upon the basis of any information within its possession or that may come into its possession, or any combination of the methods described in this subsection.
2. If any person fails to make a report of the state license fees or taxes as required by this chapter, the [commission] board shall make an estimate of the amount of taxes or fees determined to be due pursuant to the provisions of this chapter. The estimate [shall] must be made for the period or periods in respect to which the person failed to make a report and shall be based upon any information which is in the boards or commissions possession or which may come into its possession. Upon the basis of this estimate, the [commission] board shall compute and determine the amount required to be paid to the state, including penalties and interest.
κ1981 Statutes of Nevada, Page 1098 (CHAPTER 528, SB 527)κ
determine the amount required to be paid to the state, including penalties and interest.
3. In making a determination, the [commission] board may offset overpayments and interest due thereon against underpayments and interest or penalties due thereon for the audit period.
4. If overpayments and interest thereon exceed underpayments, penalties and interest thereon, [such excess shall] the excess must be refunded to the licensee except where otherwise expressly provided.
Sec. 47. NRS 463.3881 is hereby amended to read as follows:
463.3881 1. The [commission] board shall give written notice of its determination pursuant to NRS 463.388 to the licensee or other person responsible for the payment of the license fee or tax.
2. The notice may be served by sending it by certified mail, addressed to the licensee or other person at the licensed location as it appears in the records of the commission.
3. Except in the case of fraud or intent to evade the payment of any fee or tax imposed by this chapter every notice of a deficiency determination [shall] must be mailed within 5 years after the last day of the calendar month following the quarterly period in which the deficiency occurred or within 5 years after the report is filed by the licensee, whichever period expires later.
4. If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the licensee has consented in writing to the mailing of the notice after such time, the notice may be mailed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing before the expiration of the period previously agreed upon.
Sec. 48. NRS 463.3883 is hereby amended to read as follows:
463.3883 1. Any person against whom a determination is made pursuant to NRS 463.388 may petition the commission for a redetermination within 30 days after service upon the person of notice thereof. If a petition for redetermination is not filed within 30 days, the determination becomes final at the expiration of the period.
2. If a petition for redetermination is filed within the 30-day period, the commission shall reconsider the determination and, if the person has so requested in his petition, shall grant the person a hearing.
3. Any order or decision of the commission upon a petition for redetermination is final 10 days after service upon the petitioner.
4. Any person against whom [a redetermination] an order or decision has become final may within [1 year after the date of redetermination] 60 days after it becomes final petition for judicial review. [of the redetermination.]
Sec. 49. NRS 463.400 is hereby amended to read as follows:
463.400 Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 [, 463.375, 463.380, 463.383] to 463.385, inclusive, and 463.390, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games [or slot machines] into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due [shall] is in addition to the amount due [be] liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over.
κ1981 Statutes of Nevada, Page 1099 (CHAPTER 528, SB 527)κ
[or slot machines] into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due [shall] is in addition to the amount due [be] liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over. [, which penalty shall] The penalty must be assessed and collected in the same manner as are other charges, license fees and penalties under this chapter.
Sec. 50. NRS 463.403 is hereby amended to read as follows:
463.403 1. 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] that 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
(b) Refund any overpayment to the person entitled thereto under this chapter, with interest thereon.
Interest is computed at the rate of [7 percent per annum] 1 percent per month 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] the tax a penalty of [$25] $50 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.
Sec. 51. NRS 463.405 is hereby amended to read as follows:
463.405 1. Every person required to pay or conducting activities subject to the tax imposed by NRS 463.401 shall keep accurate and detailed records of all receipts from admission, food, merchandise or refreshment for [a period of] not less than 5 years from the date of sale.
2. All records required to be maintained by subsection 1 must be made available [at all reasonable times] to the board and the commission for the purpose of audit and investigation.
3. Any agreement that is entered into, modified or extended after June 30, 1981, for the lease, assignment or transfer of any premises upon which any activity subject to the casino entertainment tax is, or thereafter may be, conducted shall be deemed to include a provision that the licensee required to pay the tax must be allowed access to, upon demand, all books, records and financial papers held by the lessee, assignee or transferee which must be kept pursuant to subsection 1.
κ1981 Statutes of Nevada, Page 1100 (CHAPTER 528, SB 527)κ
Sec. 52. NRS 463.406 is hereby amended to read as follows:
463.406 1. Any licensee who willfully fails to report, pay or truthfully account for the tax imposed by NRS 463.401 [shall:
1. Be liable to] is:
(a) Liable for a penalty in the amount of the tax evaded or not paid, to be assessed and collected in the same manner as other charges, taxes, licenses and penalties under this chapter; and
[2. Be subject, in the discretion of the commission,] (b) Subject to the revocation of his gaming license [.] by the commission.
2. Any person conducting activities subject to the tax imposed by NRS 463.401 who fails to maintain or disclose his records pursuant to subsection 3 of NRS 463.405, is liable to the licensee for any penalty paid by the licensee for late payment or nonpayment of the tax caused by the failure to maintain or disclose records.
Sec. 53. NRS 463.480 is hereby amended to read as follows:
463.480 Any person, firm, association or corporation, or any of their officers or agents, violating any of the provisions of NRS 463.430 to [463.470,] 463.460, inclusive, shall be [guilty of a felony, and upon conviction thereof shall be] punished by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 54. NRS 463.482 is hereby amended to read as follows:
463.482 As used in NRS 463.160 to 463.170, inclusive, 463.386 and 463.482 to 463.645, inclusive, and sections 9 and 10 of this act, unless the context otherwise requires, the words and terms defined in NRS 463.483 to 463.488, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections. [, unless the context otherwise requires.]
Sec. 55. NRS 463.645 is hereby amended to read as follows:
463.645 If any person who is required by or pursuant to this chapter to be licensed or found suitable because of his connection with a corporate licensee, holding company or intermediary company, including a publicly traded corporation, fails to apply for a license or a finding of suitability after being requested to do so by the commission or is denied a license or a finding of suitability, [because of a lack of good character, honesty or integrity,] or if his license or finding of suitability is revoked, the corporate licensee, holding company, intermediary company or any person who directly or indirectly controls, is controlled by or is under common control with the corporate licensee, holding company or intermediary company shall not, after receipt of written notice from the commission:
1. Pay him any remuneration for any service relating to the activities of a corporate licensee, except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or the conduct of any activity at a licensed gaming establishment between a former employee whose employment was terminated because of failure to apply for a license or a finding of suitability, denial of a license or finding of suitability, [because of a lack of good character, honesty or integrity,] or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the corporate licensee, holding or intermediary company or registered publicly traded corporation is subject to termination.
κ1981 Statutes of Nevada, Page 1101 (CHAPTER 528, SB 527)κ
or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the corporate licensee, holding or intermediary company or registered publicly traded corporation is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
2. Enter into any contract or agreement with him or with a business organization under his control which involves the operations of a corporate licensee, without the prior approval of the commission.
3. Employ him in any position involving the activities of a corporate licensee without prior approval of the commission.
Sec. 56. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as provided in [subsection 2,] subsections 2 and 3, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada, any form of manufacture, selling or distribution of any gaming device [, equipment, material or machine used in gambling] without having first procured [a license for such manufacture, selling or distribution as provided in this section and NRS 463.660.] and maintained all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease [transaction] is not required to be licensed under this section or NRS 463.660. [Any person whom the commission determines to be a suitable person to receive a license under the provisions of this section and NRS 463.660, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold any license under this section and NRS 463.660 shall be at all times on the applicant or licensee.]
3. The holder of a state gaming license may, within 2 years of cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of his gaming devices, including slot machines, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributors license.
4. Any person whom the commission determines to be a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
5. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
κ1981 Statutes of Nevada, Page 1102 (CHAPTER 528, SB 527)κ
subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
6. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.
Sec. 57. NRS 463.670 is hereby amended to read as follows:
463.670 1. The legislature finds and declares as facts:
(a) That the inspection of [electronic and mechanical devices and all other equipment and materials used in gambling] gaming devices is essential to carry out the provisions of this chapter; and
(b) That [such] inspection [is greatly facilitated in the case of such devices, equipment and materials] of gaming devices manufactured within this state is greatly facilitated by the opportunity to inspect components [prior to] before assembly and to examine the methods of manufacture.
2. The board may inspect every gaming device [or machine used in gambling and all other equipment or materials which are] which is manufactured, sold or distributed:
(a) For use in this state, before the gaming device [, equipment or materials are] is put into play.
(b) In this state for use outside this state, before the gaming device [, equipment or materials are] is shipped out of this state.
3. The board may inspect every gaming device which is offered for play within this state by a licensee.
4. In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which [shall] must not exceed the actual cost of inspection and investigation.
Sec. 58. NRS 463.680 is hereby amended to read as follows:
463.680 For the purposes of NRS 463.690 to 463.720, inclusive:
1. Foreign gaming means any gaming operations outside this state.
2. Licensee means a person who:
(a) Is licensed or required to be licensed pursuant to NRS 463.160 [;] or section 9 or 10 of this acct;
(b) Is or is required to be licensed, registered or found suitable pursuant to NRS 463.482 to 463.645, inclusive; or
(c) Directly or through one or more intermediaries controls, is controlled by or is under common control with a person described in paragraph (a) or (b).
Sec. 59. NRS 464.010 is hereby amended to read as follows:
464.010 1. It [shall be unlawful after July 1, 1949,] is unlawful for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada, any form of wagering under the system known as the pari-mutuel method of wagering on any racing or sporting event, except horse racing and dog racing, without having first procured [a license for the same as provided in this chapter.
2. No alien or any person except a citizen of the United States shall be issued a license, or shall directly or indirectly own, operate or control any game or device so licensed.]
κ1981 Statutes of Nevada, Page 1103 (CHAPTER 528, SB 527)κ
control any game or device so licensed.] and maintained all required federal, state, county and municipal licenses.
[3.] 2. Where any other state license is required to conduct a racing or sporting event [such] that license must first be procured before pari-mutuel betting may be licensed in connection therewith.
Sec. 60. NRS 464.040 is hereby amended to read as follows:
464.040 1. The commission deducted from pari-mutuels by any licensee licensed under the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
2. Each licensee shall pay to the Nevada gaming commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any racing or sporting event except horse racing and dog racing.
3. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
4. The amount paid to the Nevada gaming commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state [treasury] treasurer for deposit in the state general fund.
5. Any person failing to pay the tax imposed by this section at the time required shall pay, in addition to the tax, a penalty of not less than $50 or 25 percent of the amount due, whichever is greater, but not to exceed $1,000. This penalty must be collected as are other charges, fees and penalties under this chapter and chapter 463 of NRS.
Sec. 61. NRS 465.030 is hereby amended to read as follows:
465.030 Any person who keeps, exhibits or has in his possession any cards, tables, checks, wheels, slot machines or gambling devices of any nature used or kept for the purpose of playing any of the games mentioned in NRS 463.160, or section 9 or 10 of this act, or aids, assists or permits others to do the same, is guilty of a misdemeanor.
Sec. 62. NRS 465.040 is hereby amended to read as follows:
465.040 1. Whenever [it comes to the knowledge of] any sheriff, constable, police or other peace officer has probable cause to believe that any person has in his possession any cards, tables, checks, balls, wheels, slot machines or other gambling devices of any nature or kind used or kept for the purpose of playing any of the games mentioned in NRS 463.160, or section 9 or 10 of this act, or that any [cards, tables, checks, balls, wheels, slot machines or] of those gambling devices used or kept for such purposes may be found in any place, [such] the sheriff, constable, police or other peace officer shall seize and take [such cards, tables, balls, wheels, slot machines or other] the gambling devices [and convey the same] before a magistrate of the county in which [such devices shall be] they were found.
2. It is lawful for officers in executing the duties imposed upon them by this section to break open doors for the purpose of obtaining possession of any such gambling devices.
3. The magistrate shall inquire of such witnesses as he shall summon, or as may appear before him [in that behalf, touching] , regarding the nature of [such] the gambling devices, and if the magistrate determines that [the same] they are used or kept for the purpose of being used at any game or games of chance described in NRS 463.160, or section 9 or 10 of this act, he shall order the [same] devices destroyed.
κ1981 Statutes of Nevada, Page 1104 (CHAPTER 528, SB 527)κ
the nature of [such] the gambling devices, and if the magistrate determines that [the same] they are used or kept for the purpose of being used at any game or games of chance described in NRS 463.160, or section 9 or 10 of this act, he shall order the [same] devices destroyed.
4. All person having [such] possession of any of the [articles] devices described in subsection 1 [shall be conveyed] must be taken before a magistrate of such county and held or committed for appearance to answer any complaint which may be [preferred] brought against them for violation of NRS 465.030.
Sec. 63. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables and their deputies when carrying out their official duties [.] ;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his assistant and deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;
16. Division of state parks employees designated by the administrator of the division of state parks in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative [personnel] agents of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 or section 8 of this act or when investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;
κ1981 Statutes of Nevada, Page 1105 (CHAPTER 528, SB 527)κ
chapter 205 of NRS in the form of a crime against the property of a gaming licensee;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;
21. Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;
22. The personnel of the Nevada department of wildlife when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS;
23. Security officers of the legislature of the State of Nevada when carrying out duties prescribed by the legislative commission;
24. Group supervisors of the Nevada girls training center and the Nevada youth training center when carrying out any duties prescribed by the superintendents of their respective institutions;
25. Security officers employed by a city or county when carrying out duties prescribed by ordinance; and
26. Security officers of the buildings and grounds division of the department of general services when carrying out duties prescribed by the director of the department of general services.
Sec. 64. Chapter 179 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state gaming control board and Nevada gaming commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturers, sellers or distributors license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.
Sec. 65. NRS 179.285 is hereby amended to read as follows:
179.285 [If] Except as provided in section 64 of this act, if the court orders the records sealed pursuant to NRS 179.245 or 179.255, all proceedings recounted in the record are deemed never to have occurred, and such person may properly answer accordingly to any inquiry concerning the arrest, conviction or acquittal and the events and proceedings relating to the arrest, conviction or acquittal.
Sec. 66. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records which are sealed pursuant to NRS 179.245 or 179.255 may petition the district court to permit inspection of the records by a person named in the petition, and the district court may order such inspection. Except as provided in subsection 2 [,] and section 64 of this act, the court may not order the inspection of the records under any other circumstances.
2. Where a person has been arrested and the charges dismissed and the records of [such] the arrest have been sealed, the court may order the inspection of the record by the district attorney upon a showing that as a result of newly discovered evidence, [such] the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that [such person] he will stand trial for the offense.
κ1981 Statutes of Nevada, Page 1106 (CHAPTER 528, SB 527)κ
as a result of newly discovered evidence, [such] the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that [such person] he will stand trial for the offense.
3. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
Sec. 67. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall (upon payment of the required fee) issue to every applicant qualifying therefor a drivers license indicating the type or class of vehicles the licensee may drive, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license [shall be] is valid until it has been so signed by the licensee.
2. The department may issue a drivers license for identification purposes only for use by officers of local police and sheriffs departments [and] , agents of the investigation and narcotics division of the department of law enforcement assistance while engaged in special undercover narcotics or prostitution investigations [.] and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license [shall] must be made through the head of the police or sheriffs department [or] , the chief of the investigation and narcotics division [.] or the chairman of the state gaming control board. Such a license [shall be] is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license under subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued under subsection 2 for any purpose other than the special investigation for which it was issued.
5. A person may attach to his drivers license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.
Sec. 68. NRS 463.075, 465.333 and 463.470 are hereby repealed.
Sec. 69. Sections 34, 39, 40, 41 and 50 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 1107κ
Senate Bill No. 38Committee on Judiciary
CHAPTER 529
AN ACT relating to gaming; establishing annual salaries for the chairman and other members of the Nevada gaming commission; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.026 is hereby amended to read as follows:
463.026 1. [The members of the commission shall each receive as compensation $40 for each day actually employed on the work of the commission.
2. In addition to the compensation provided for in subsection 1, the chairman of the commission shall receive an annual salary of $500.
3.] The chairman of the commission is entitled to an annual salary of $15,000. Each of the other members is entitled to an annual salary of $12,500.
2. In addition to [such] his salary, each member [shall be] is entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
________
Senate Bill No. 675Committee on Finance
CHAPTER 530
AN ACT making an additional and supplemental appropriation from the state insurance fund to the state industrial attorney; and providing other matters properly relating thereto.
[Approved June 3, 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 insurance fund to the state industrial attorney the sum of $20,000 as an additional supplemental appropriation to that allowed and made by section 55 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 insurance 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 1108κ
Senate Bill No. 625Committee on Commerce and Labor
CHAPTER 531
AN ACT relating to the licensing of insurance agents, brokers and solicitors; limiting a certain exemption from the examination to applicants who have held residents licenses; shortening the time within which a former licensee may be licensed without examination; and providing other matters properly relating thereto.
[Approved June 3, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 683A.180 is hereby amended to read as follows:
683A.180 Except as provided in subsection 4 of NRS 683A.270 (continuation, expiration of license), NRS 683A.170 does not apply to and no such examination [shall be] is required of:
1. Applicants with respect to life and health or life or health insurance who hold the designation of chartered life underwriter (C.L.U.). [designation.] Applicants [will be required to] must show such proof of holding the [chartered life underwriter (C.L.U.)] designation as may be required by the commissioner.
2. Applicants with respect to property, casualty and surety insurance (or any combination thereof) who hold the designation of chartered property [,] and casualty underwriter (C.P.C.U.). [designation.] Applicants [will be required to] must show such proof of holding the [chartered property, casualty underwriter (C.P.C.U.)] designation as may be required by the commissioner.
3. Any applicant for a license [covering] which would cover the same kind or kinds of insurance [as to which the applicant] as those for which he was licensed under a similar license in this state, other than a temporary license, within [1 year (exclusive of up to 2 years of service as a member of the Armed Forces of the United States)] 6 months next preceding the date of application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.
4. Any applicant for an agents license who is currently licensed as a resident broker or solicitor for the same kind or kinds of insurance, or has been so licensed within [1 year] 6 months next preceding the date of the application unless [such] the previous license was revoked, suspended or continuation thereof refused by the commissioner, and if a solicitor, has had at least 1 year of experience under his solicitors license satisfactory to the commissioner.
5. Any applicant for a brokers license who has been licensed as [an] a resident agent or solicitor in this state for the same kinds of insurance within 1 year preceding the date of the application, unless [such] the previous license was revoked, suspended or continuation thereof refused by the commissioner; and if an agent has had at least 1 year, and if a solicitor has had at least 2 years, of experience under his agents or solicitors license, as the case may be, satisfactory to the commissioner.
6. Any applicant for a solicitors license who has been licensed as [an] a resident agent, broker or solicitor in this state for the same kinds of insurance within [1 year] 6 months next preceding the date of the application, unless [such] the previous license was revoked, suspended or continuation thereof refused by the commissioner.
κ1981 Statutes of Nevada, Page 1109 (CHAPTER 531, SB 625)κ
application, unless [such] the previous license was revoked, suspended or continuation thereof refused by the commissioner.
7. Applicants with respect to variable annuities who are, or within the next preceding [12] 6 months have been, licensed or registered as securities broker-dealers under laws administered by the Securities and Exchange Commission or any successor agency of the Federal Government.
8. Persons representing public carriers under limited licenses issued under NRS 683A.260 (limited licenses).
9. Title insurance agents.
________
Assembly Bill No. 695Committee on Elections
CHAPTER 532
AN ACT relating to the state legislature; revising legislative districts to conform to the national census of 1980; and providing other matters properly relating thereto.
[Approved June 4, 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 the provisions set forth as sections 2 to 46, inclusive, of this act.
Sec. 2. As used in NRS 218.050 to 218.084, inclusive, and sections 2 to 46, inclusive, of this act, unless the context otherwise requires:
1. Block means the smallest geographical unit whose population was ascertained by the Bureau of the Census of the United States Department of Commerce in the taking of the national decennial census and shown on its maps.
2. Block group means a combination of blocks in a series, whose numbers begin with the same digit.
3. Census tract means a combination of block groups or enumeration districts or both.
4. Enumeration district means the smallest geographical unit whose population was ascertained in the taking of the census in counties or portions thereof where blocks are not identified, and shown on the maps of the Bureau of the Census.
Sec. 3. The boundaries of any city or township referred to in NRS 218.050 to 218.084, inclusive, and sections 2 to 46, inclusive, of this act are as they existed on April 1, 1980.
Sec. 4. Senators and assemblymen are entitled to receive certificates of election from the governor.
Sec. 5. Assembly district 1 consists of:
1. In Clark County, Moapa Township.
2. Clark County census tract 33.
3. In Clark County census tract 30.02:
(a) Block group 2.
(b) Blocks 601 to 610, inclusive.
κ1981 Statutes of Nevada, Page 1110 (CHAPTER 532, AB 695)κ
4. In Clark County census tract 31, blocks 111, 112, 123, 124, 129, 132, 134, 135 and 137.
5. In Clark County census tract 32:
(a) Block groups 1 to 3, inclusive.
(b) Blocks 903, 905, 906 and 916.
6. In Clark County census tract 34.02:
(a) Block groups 6 and 9.
(b) Blocks 103 to 111, inclusive, 150 to 152, inclusive, 215, 223 to 250, inclusive, 307 to 309, inclusive, 312 to 314, inclusive, 316 to 319, inclusive, 326, 331 to 337, inclusive, 341 to 350, inclusive, 502 to 513, inclusive, 803 to 809, inclusive, 812 to 816, inclusive, 822, 825 to 837, inclusive, 840 and 851.
7. In Clark County census tract 58:
(a) Enumeration districts 13 and 14.
(b) Block group 1.
8. In Clark County census tract 59:
(a) Enumeration districts 10 to 12, inclusive.
(b) Block group 1.
Sec. 6. Assembly district 2 consists of:
1. Clark County census tracts 1.03 and 30.01.
2. In Clark County census tract 1.04, blocks 117 to 121, inclusive, 202 to 207, inclusive, 215, 216 and 230 to 234, inclusive.
3. In Clark County census tract 10.02, blocks 313, 315, 316, 319 to 321, inclusive, 325, 326, and 329 to 360, inclusive.
4. In Clark County census tract 29.01, blocks 401 to 410, inclusive, and 439 to 446, inclusive.
5. In Clark County census tract 30.02:
(a) Block groups 3 to 5, inclusive.
(b) Blocks 611 to 618, inclusive.
6. In Clark County census tract 31, blocks 125 to 128, inclusive, 133, 136, and 138 to 141, inclusive.
Sec. 7. Assembly district 3 consists of:
1. Clark County census tracts 1.02 and 1.05.
2. In Clark County census tract 1.01, blocks 204 to 212, inclusive.
3. In Clark County census tract 1.04, blocks 102 to 116, inclusive, 122 to 124, inclusive, 208 to 214, inclusive, and 235 to 238, inclusive.
4. In Clark County census tract 10.02:
(a) Block group 2.
(b) Blocks 118 to 127, inclusive, 314, 317, 318, 322 to 324, inclusive, 327 and 328.
5. In Clark County census tract 31, blocks 102 to 108, inclusive, 110, 130 and 131.
Sec. 8. Assembly district 4 consists of:
1. In Clark County census tract 1.01, blocks 106 to 113, inclusive, 119 to 129, inclusive, 201, 202, 213 to 219, inclusive, 221 to 230, inclusive, 240, 241 and 243.
2. In Clark County census tract 2.01, blocks 114 to 116, inclusive, 201 and 202.
3. In Clark County census tract 2.02:
(a) Block groups 1 and 2.
(b) Blocks 301 to 318, inclusive, 326 and 327.
κ1981 Statutes of Nevada, Page 1111 (CHAPTER 532, AB 695)κ
4. In Clark County census tract 10.01:
(a) Blocks 102 to 107, inclusive, 120 to 122, inclusive, 125, 126 and 201.
(b) Block 123, excluding that part which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.
5. In Clark County census tract 34.01:
(a) Block groups 5 and 7.
(b) Block 619.
6. In Clark County census tract 34.02:
(a) Block groups 4 and 5.
(b) Blocks 101, 116 to 118, inclusive, 120 to 128, inclusive, 130 to 136, inclusive, 202 to 214, inclusive, 221, 222, 320 to 324, inclusive, 327 to 330, inclusive, 525 to 531, inclusive, 810, 818, 819, 838, 839, 841 to 846, inclusive, and 848 to 850, inclusive.
Sec. 9. Assembly district 5 consists of:
1. In Clark County census tract 22.02, blocks 304 to 307, inclusive, 309, 310, 313 to 323, inclusive, and 325 to 330, inclusive.
2. In Clark County census tract 29.01:
(a) Block groups 1 and 6.
(b) Blocks 411 to 438, inclusive.
3. In Clark County census tract 29.02:
(a) Block groups 4 and 5.
(b) Blocks 601 to 606, inclusive, 608, 609, 614, 615, 704 to 722, inclusive, and 735.
4. In Clark County census tract 29.04:
(a) Block group 8.
(b) Blocks 401 to 403, inclusive, 407 to 419, inclusive, 421 to 424, inclusive, 525 to 545, inclusive, 549 to 557, inclusive, 559, 601 and 603.
Sec. 10. Assembly district 6 consists of:
1. In Clark County census tract 1.01, blocks 102 to 105, inclusive, 114 to 118, inclusive, and 131.
2. In Clark County census tract 2.01, blocks 102 to 113, inclusive, 117, 203 to 211, inclusive, 213, 216 and 217.
3. In Clark County census tract 3.01, block groups 2 to 7, inclusive.
4. In Clark County census tract 3.02:
(a) Block groups 2 and 3.
(b) Blocks 102 to 110, inclusive, 115 to 117, inclusive, and 119.
5. In Clark County census tract 4:
(a) Block groups 2 and 4 to 6, inclusive.
(b) Blocks 102 to 108, inclusive, 118, 121, 301 to 307, inclusive, 310, 312 and 313.
6. In Clark County census tract 6, blocks 104 and 105.
7. In Clark County census tract 7, blocks 101 to 114, inclusive, 117, 118, 121, 122, 125 to 127, inclusive, 220 to 229, inclusive, and 236 to 242, inclusive.
8. In Clark County census tract 34.01, blocks 603 to 606, inclusive, 608, 610, 611, 613, 614, 617, 618, and 628 to 632, inclusive.
κ1981 Statutes of Nevada, Page 1112 (CHAPTER 532, AB 695)κ
Sec. 11. Assembly district 7 consists of:
1. Clark County census tracts 35 and 37.
2. In Clark County census tract 3.01, block group 1.
3. In Clark County census tract 3.02, blocks 101 and 111 to 114, inclusive.
4. In Clark County census tract 36:
(a) Block groups 3 and 4.
(b) Block 901.
5. In Clark County census tract 38, blocks 109, 110, 115 to 120, inclusive, 122, 123, 201, 202, 205 to 211, inclusive, 219 to 223, inclusive, 225 to 228, inclusive, 302 to 306, inclusive, 318 to 322, inclusive, and 324.
6. In Clark County census tract 44, blocks 201 to 209, inclusive, 211, 220, 221, 223, 230, and 233 to 240, inclusive.
Sec. 12. Assembly district 8 consists of:
1. In Clark County census tract 10.01:
(a) Blocks 108 to 119, inclusive, 124, 202, 204 to 213, inclusive, 215 to 220, inclusive, 222, 223, and 232 to 235, inclusive.
(b) That part of block 123 which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.
2. In Clark County census tract 10.02, blocks 101 to 117, inclusive.
3. In Clark County census tract 22.01:
(a) Block group 2.
(b) Blocks 106, 108 to 118, inclusive, 130 to 134, inclusive, and 136 to 141, inclusive.
4. In Clark County census tract 22.02:
(a) Block group 2.
(b) Blocks 301 and 331 to 333, inclusive.
5. In Clark County census tract 29.02, block groups 3 and 9.
6. In Clark County census tract 29.03:
(a) Block group 9.
(b) Blocks 136 to 144, inclusive.
Sec. 13. Assembly district 9 consists of:
1. Clark county census tracts 8, 9, 11 and 12.
2. In Clark County census tract 2.02, blocks 321 to 325, inclusive, and 328.
3. In Clark County census tract 6:
(a) Block group 2.
(b) Blocks 106 to 108, inclusive, 110 to 115, inclusive, 117 and 118.
4. In Clark County census tract 7, blocks 115, 116, 119, 120, 123, 124, 128 to 132, inclusive, and 201 to 219, inclusive.
5. In Clark County census tract 13:
(a) Block group 3.
(b) Blocks 203 to 211, inclusive, 213, 214, 401 to 410, inclusive, 505 to 509, inclusive, and 514.
6. In Clark County census tract 20, blocks 101 to 106, inclusive.
7. In Clark County census tract 21, blocks 101 and 102.
Sec. 14. Assembly district 10 consists of:
κ1981 Statutes of Nevada, Page 1113 (CHAPTER 532, AB 695)κ
1. Clark County census tracts 23 and 24.01.
2. In Clark County census tract 20, blocks 108 to 115, inclusive, and 125 to 127, inclusive.
3. In Clark County census tract 21, blocks 105 to 109, inclusive.
4. In Clark County census tract 22.01, blocks 101 to 104, inclusive, 123, 128, 129, and 142 to 145, inclusive.
5. In Clark County census tract 24.02, blocks 110 to 112, inclusive, 122, 123 and 201.
6. In Clark County census tract 25, blocks 103 to 115, inclusive.
7. In Clark County census tract 26, blocks 114 to 119, inclusive.
Sec. 15. Assembly district 11 consists of:
1. Clark County census tracts 5.02 and 5.04.
2. In Clark County census tract 4, blocks 101, 110 to 112, inclusive, 114 to 116, inclusive, 308 and 309.
3. In Clark County census tract 5.03:
(a) Block group 1.
(b) Blocks 201 to 204, inclusive, 206 to 223, inclusive, 226 and 227.
4. In Clark County census tract 5.07, blocks 210, 212 to 218, inclusive, 220, 221, 223 to 231, inclusive, and 306.
5. In Clark County census tract 5.08, block 221.
6. In Clark County census tract 5.09, blocks 104 to 110, inclusive, and 142 to 145, inclusive.
7. In Clark County census tract 6, blocks 101 to 103, inclusive.
Sec. 16. Assembly district 12 consists of:
1. Clark County census tracts 14 and 15.
2. In Clark County census tract 5.03, blocks 224 and 225.
3. In Clark County census tract 5.09, blocks 112 to 117, inclusive, and 146 to 149, inclusive.
4. In Clark County census tract 13:
(a) Block group 1.
(b) Blocks 201, 202, 411 to 413, inclusive, 501 to 504, inclusive, and 510 to 513, inclusive.
5. In Clark County census tract 16.02, blocks 126 to 128, inclusive, and 143 to 146, inclusive.
6. In Clark County census tract 19:
(a) Block group 3.
(b) Blocks 102 to 109, inclusive, 125 to 127, inclusive, 201 to 208, inclusive, and 214 to 216, inclusive.
Sec. 17. Assembly district 13 consists of:
1. In Clark County census tract 27.01, blocks 126 to 130, inclusive, 202 to 204, inclusive, 206 to 213, inclusive, 227 to 231, inclusive, 239 and 240.
2. In Clark County census tract 27.02:
(a) Block group 4.
(b) Blocks 326 to 329, inclusive.
3. In Clark County census tract 28.01, blocks 225, 226, 248 and 249.
4. In Clark County census tract 28.02:
(a) Block groups 3 to 6, inclusive, and 9.
(b) Blocks 808 to 824, inclusive.
5. In Clark County census tract 29.02:
κ1981 Statutes of Nevada, Page 1114 (CHAPTER 532, AB 695)κ
(a) Block group 3.
(b) Blocks 610 to 613, inclusive, 616 to 620, inclusive, and 723 to 734, inclusive.
6. In Clark County census tract 29.03:
(a) Block groups 2, 4, 7 and 8.
(b) Blocks 145 to 154, inclusive.
7. In Clark County census tract 29.04:
(a) Block groups 3 and 7.
(b) Blocks 405, 406, 420, 546 to 548, inclusive, 602, and 604 to 609, inclusive.
8. In Clark County census tract 32:
(a) Block group 4.
(b) That part of block 904 which is in Las Vegas Township and that part which is in the City of Las Vegas.
9. In Clark County census tract 57, enumeration districts 16 and 32.
10. In Clark County census tract 58:
(a) Enumeration districts 15 and 33.
(b) Block group 9.
Sec. 18. Assembly district 14 consists of:
1. Clark County census tract 5.06.
2. In Clark County census tract 5.07, blocks 206 to 209, inclusive, 301 to 305, inclusive, and 307.
3. In Clark County census tract 5.08:
(a) Block group 3.
(b) Blocks 204 to 220, inclusive, 222, 223, and 230 to 232, inclusive.
4. In Clark County census tract 5.09:
(a) Block group 2.
(b) Blocks 119, 123 to 126, inclusive, 136 and 150.
5. In Clark County census tract 49:
(a) Block groups 2 to 4, inclusive.
(b) Blocks 120 to 123, inclusive, 507 and 508.
6. In Clark County census tract 56, blocks 124, 127, 128, 141 to 143, inclusive, and those parts of blocks 101 to 123, inclusive, and 905 which are in Las Vegas Township.
Sec. 19. Assembly district 15 consists of:
1. Clark County census tracts 18.01 and 18.02.
2. In Clark County census tract 16.02, block group 5.
3. In Clark County census tract 17.02, blocks 402 to 409, inclusive.
4. In Clark County census tract 19, blocks 110 to 114, inclusive, and 209 to 213, inclusive.
5. In Clark County census tract 25, blocks 101, 102, 118 to 121, inclusive, 126, 127, 202, 203, 210, 211, 213 to 215, inclusive, 218 to 220, inclusive, 222 to 224, inclusive, 226 to 245, inclusive, and 247 to 251, inclusive.
Sec. 20. Assembly district 16 consists of:
1. Clark County census tract 17.04.
2. In Clark County census tract 17.03, block group 6.
3. In Clark County census tract 28.01:
(a) Block groups 1 and 8.
(b) Blocks 203, 205 to 220, inclusive, 223, 224, 227 to 236, inclusive, and 238 to 247, inclusive.
κ1981 Statutes of Nevada, Page 1115 (CHAPTER 532, AB 695)κ
4. In Clark County census tract 28.02:
(a) Block group 7.
(b) Blocks 801 to 807, inclusive.
Sec. 21. Assembly district 17 consists of:
1. Clark County census tracts 45, 46 and 48.01.
2. In Clark County census tract 36:
(a) Enumeration district 19.
(b) Block groups 1 and 2.
(c) Blocks 911, 914, 915, 917, 920, 930 to 932, inclusive, and 934 to 950, inclusive.
3. In Clark County census tract 44:
(a) Block group 1.
(b) Blocks 212, 213, 215 to 219, inclusive, 231 and 232.
4. In Clark County census tract 47.01, blocks 505 to 514, inclusive.
5. In Clark County census tract 48.02:
(a) Block group 9.
(b) Blocks 316 to 324, inclusive, 335 and 336.
6. In Clark County census tract 56, enumeration district 17.
7. In Clark County census tract 59, enumeration district 18.
Sec. 22. Assembly district 18 consists of:
1. Clark County census tracts 17.05 and 50.
2. In Clark County census tract 16.01, blocks 901 to 922, inclusive, and 924.
3. In Clark County census tract 17.01, blocks 801 to 803, inclusive, and 810 and 812, inclusive.
4. In Clark County census tract 28.01, block group 7.
Sec. 23. Assembly district 19 consists of:
1. Clark County census tracts 39 to 43, inclusive.
2. In Clark County census tract 38, blocks 101 to 108, inclusive, 301 and 323.
Sec. 24. Assembly district 20 consists of:
1. Clark County census tract 47.02.
2. In Clark County census tract 47.01:
(a) Block groups 1, 4 and 9.
(b) Blocks 501 to 504, inclusive, and 515 to 520, inclusive.
3. In Clark County census tract 48.02:
(a) Block groups 1 and 2.
(b) Blocks 301 to 314, inclusive, 325 to 330, inclusive, 337 and 338.
4. In Clark County census tract 49, blocks 102, 103, 105 to 107, inclusive, 116 to 118, inclusive, 177 to 180, inclusive, 182 to 185, inclusive, 188, 501 to 503, inclusive, and 506.
5. In Clark County census tract 56, that part of block 905 which is in North Las Vegas Township and block 910.
Sec. 25. Assembly district 21 consists of:
1. In Clark County, Bunkerville, Logan, Overton and Mesquite townships.
2. Clark County census tract 51.
3. In Clark County census tract 52:
(a) Blocks 101 to 104, inclusive, 109 to 112, inclusive, 136 to 148, inclusive, and 152.
(b) Block 116, excluding that part which is bounded by a line formed by Van Wagenen Street, from its intersection with Victory Road to its intersection with Pacific Avenue, then south on Pacific Avenue to the Union Pacific railroad tracks, then west along the railroad tracts to a point due south of the point where Van Wagenen Street intersects Victory Road, and then north to that intersection.
κ1981 Statutes of Nevada, Page 1116 (CHAPTER 532, AB 695)κ
by Van Wagenen Street, from its intersection with Victory Road to its intersection with Pacific Avenue, then south on Pacific Avenue to the Union Pacific railroad tracks, then west along the railroad tracts to a point due south of the point where Van Wagenen Street intersects Victory Road, and then north to that intersection.
4. In Clark County census tract 54:
(a) Block groups 1, 3 to 7, inclusive, and 9.
(b) Blocks 201 to 243, inclusive, 245 to 250, inclusive, 252, 254, 255, 259 to 264, inclusive, 266 to 269, inclusive, 276, 284 to 287, inclusive, and 289 to 299, inclusive.
5. In Clark county census tract 56, enumeration districts 23 and 28.
Sec. 26. Assembly district 22 consists of:
1. In Clark County, Searchlight Township.
2. Clark County census tracts 53 and 55.
3. In Clark County census tract 52:
(a) Blocks 105 to 108, inclusive, 113 to 115, inclusive, 117, and 120 to 135, inclusive.
(b) That part of block 116 which is bounded by a line formed by Van Wagenen Street, from its intersection with Victory Road to its intersection with Pacific Avenue, then south on Pacific Avenue to the Union Pacific railroad tracks, then west along the railroad tracks to a point due south of the point where Van Wagenen Street intersects Victory Road, and then north to that intersection.
4. In Clark County census tract 54:
(a) Enumeration district 30.
(b) Block 288 and that part of block 244 which is bounded by Equestrian Drive, Appaloosa Road and Boulder Highway.
5. In Clark County census tract 56, enumeration districts 24 and 29.
6. In Clark County census tract 57, enumeration districts 25, 26 and 31.
Sec. 27. Assembly district 23 consists of:
1. Washoe County census tracts 10.02, 33.01, 33.02, 33.03 and 33.04.
2. In Washoe County census tract 10.01:
(a) Block group 9.
(b) Blocks 207 to 209, inclusive, 212 to 217, inclusive, 229 to 232, inclusive, 239 to 244, inclusive, 247 and 248.
3. In Washoe County census tract 11, blocks 226 to 231, inclusive, that part of block 902 which is in the City of Reno, and blocks 903 to 909, inclusive.
4. In Washoe County census tract 32:
(a) Enumeration districts 220 to 223, inclusive.
(b) Block group 9.
(c) Blocks 105, 107 to 110, inclusive, 142 to 146, inclusive, 186, 274 and 277.
Sec. 28. Assembly district 24 consists of:
1. Washoe County census tracts 13, 14, 24 and 25.
2. In Washoe County census tract 1, block group 1.
3. In Washoe County census tract 5, blocks 102 to 112, inclusive, 215, 218 to 220, inclusive, 222 to 226, inclusive, and 229.
Sec. 29. Assembly district 25 consists of:
κ1981 Statutes of Nevada, Page 1117 (CHAPTER 532, AB 695)κ
1. In Washoe County census tract 3, blocks 326 and 327.
2. In Washoe County census tract 4:
(a) Block groups 2 and 3.
(b) Blocks 402 to 405, inclusive, 423 and 424.
3. In Washoe County census tract 10.01:
(a) Block group 1.
(b) Blocks 205, 206, 210, 218, 219, 221 to 227, inclusive, 233 to 238, inclusive, 245, 246 and 249.
4. In Washoe County census tract 11:
(a) Block group 3.
(b) Blocks 104, 105, 113 to 117, inclusive, 121 to 127, inclusive, 129 to 137, inclusive, and that part of 902 which is in Reno Township but not in the City of Reno.
Sec. 30. Assembly district 26 consists of:
1. Washoe County census tracts 21.02 and 22.02.
2. In Washoe County census tract 21.01, block groups 2 and 9.
3. In Washoe County census tract 22.01:
(a) Block group 9.
(b) Blocks 103 to 105, inclusive, 107 to 130, inclusive, and 156 to 167, inclusive.
4. In Washoe County census tract 32:
(a) Enumeration district 217A.
(b) Blocks 101, 117 to 119, inclusive, 125 to 131, inclusive, and 281.
Sec. 31. Assembly district 27 consists of:
1. Washoe County census tracts 2 and 7 to 9, inclusive.
2. In Washoe County census tract 3:
(a) Block groups 1 and 2.
(b) Blocks 301 to 312, inclusive, 314 to 325, inclusive, and 328.
3. In Washoe County census tract 4, blocks 301 and 331.
4. In Washoe County census tract 11, blocks 210 to 216, inclusive.
5. In Washoe County census tract 21.01, block group 1.
6. In Washoe County census tract 22.01, blocks 168 to 170, inclusive.
Sec. 32. Assembly district 28 consists of:
1. Washoe County census tracts 6, 12 and 18.
2. In Washoe County census tract 1, block groups 2 and 3.
3. In Washoe County census tract 4:
(a) Block group 1.
(b) Blocks 406 to 411, inclusive, and 413 to 422, inclusive.
4. In Washoe County census tract 5, blocks 113, 114, 118, 120, 121, 123 to 127, inclusive, 201 to 214, inclusive, 216 and 217.
5. In Washoe County census tract 16:
(a) Block group 2.
(b) Blocks 107 to 121, inclusive, and 124.
6. In Washoe County census tract 17:
(a) Block group 1.
(b) Blocks 901, 902, 907, 915 and 916.
Sec. 33. Assembly district 29 consists of:
1. Washoe County census tracts 15, 23 and 26.01.
2. In Washoe County census tract 16, blocks 102, 103, 123 and 131.
3. In Washoe County census tract 26.02:
κ1981 Statutes of Nevada, Page 1118 (CHAPTER 532, AB 695)κ
(a) Block group 4.
(b) Blocks 107, 122 to 134, inclusive, 157 to 160, inclusive, 166 to 199, inclusive, 201 to 219, inclusive, 221 to 228, inclusive, 232, 233, 235 to 237, inclusive, 248, 256 to 259, inclusive, 265, 268, 273, 276, 277, 303, 306, 901, 910 to 913, inclusive, 915, 931, 932, 934, 936, 938, 946 to 950, inclusive, 955, 964, 977, 980, 981, 984, 986, 987, 990, 991 and 996.
4. In Washoe County census tract 34, enumeration district 7.
Sec. 34. Assembly district 30 consists of:
1. Washoe County census tracts 19, 20 and 28.
2. In Washoe County census tract 27, that part of block 918 which is in the City of Sparks.
3. In Washoe County census tract 29, blocks 112, 113, 116, 119 to 124, inclusive, 131 to 135, inclusive, 212 to 215, inclusive, and 236.
4. In Washoe County census tract 30, blocks 317 to 324, inclusive.
Sec. 35. Assembly district 31 consists of:
1. In Washoe County census tract 29, blocks 101, 103 to 106, inclusive, 109, 110, 125 to 130, inclusive, 136 to 146, inclusive, 201 to 209, inclusive, 218 to 223, inclusive, 225 to 227, inclusive, 237 to 251, inclusive, and 253 to 257, inclusive.
2. In Washoe County census tract 30:
(a) Block groups 1 and 2.
(b) Blocks 301 to 316, inclusive.
3. In Washoe County census tract 31.01, blocks 104 to 107, inclusive, and 901.
4. In Washoe County census tract 31.02, blocks 103 to 113, inclusive, 115 to 146, inclusive, 162, 163, 174 and 975.
Sec. 36. Assembly district 32 consists of:
1. Washoe County census tract 31.03.
2. In Washoe County census tract 17, blocks 905, 906, 909 to 914, inclusive, 917 and 918.
3. In Washoe County census tract 26.02, blocks 101 to 103, inclusive, 105, 106, 109, 111, 112, 114, 116, 135 to 138, inclusive, 161 to 165, inclusive, 266, 267, 305, 307 to 309, inclusive, 314, 916, 940, 954, 975, 976, 978, 979, 985 and 995.
4. In Washoe County census tract 27:
(a) Block groups 1 and 2.
(b) Blocks 903, 905 to 909, inclusive, 912 to 917, inclusive, that part of 918 which is in Sparks Township but not in the City of Sparks, and 919 to 925, inclusive.
5. In Washoe County census tract 29, block 107.
6. In Washoe County census tract 31.01, blocks 102, 103, 108, 110, 112, 114 to 116, inclusive, 955, 956 and 975.
7. In Washoe County census tract 31.02:
(a) Block group 2.
(b) Blocks 101, 151 to 155, inclusive, 173, 175, 176, 180 and 913.
8. In Washoe County census tract 31.04:
(a) Enumeration districts 238 to 247, inclusive.
(b) Block group 1.
Sec. 37. Assembly district 33 consists of:
1. Elko County.
κ1981 Statutes of Nevada, Page 1119 (CHAPTER 532, AB 695)κ
2. In Eureka County:
(a) Beowawe Township.
(b) In Eureka Township, enumeration districts 480 to 486, inclusive.
Sec. 38. Assembly district 34 consists of:
1. Humboldt and Pershing counties.
2. In Lander County, Argenta Township.
3. In Washoe County, Gerlach and Wadsworth townships.
Sec. 39. Assembly district 35 consists of:
1. White Pine County.
2. In Lander County, Austin Township.
3. In Churchill County, enumeration districts 850 to 857, inclusive, 859 to 865, inclusive, 866A to 866C, inclusive, 867, 868, 869A to 869G, inclusive, and 1500 to 1502, inclusive.
4. In Eureka County, enumeration districts 487 to 489, inclusive.
Sec. 40. Assembly district 36 consists of Esmeralda, Lincoln, Mineral and Nye counties.
Sec. 41. Assembly district 37 consists of:
1. Carson City census tracts 4 and 5.
2. In Carson City census tract 3, blocks 101 to 111, inclusive.
3. In Carson City census tract 6:
(a) Block groups 1 to 3, inclusive.
(b) Blocks 402, 501, 502, 513, 514, 701, and 705 to 707, inclusive.
4. In Washoe Census tract 32:
(a) Enumeration districts 200, 201, 219A and 224.
(b) Blocks 102, 111 to 113, inclusive, 116, 121, 122, 275, 279, 280, 317 to 321, inclusive, 323 to 330, inclusive, 332 and 333.
Sec. 42. Assembly district 38 consists of:
1. Lyon and Storey counties.
2. In Churchill County, enumeration districts 858 and 870 to 872, inclusive.
3. In East Fork Township of Douglas County, enumeration districts 45 and 46.
Sec. 43. Assembly district 39 consists of the following areas in Douglas County:
1. Tahoe Township.
2. In East Fork Township, enumeration districts 25 to 37, inclusive, 38A, 38B, 39 to 44, inclusive, 47 and 66.
Sec. 44. Assembly district 40 consists of:
1. Carson City census tracts 1, 2, 7 and 8.
2. In Carson City census tract 3:
(a) Block group 2.
(b) Blocks 112 to 138, inclusive, 148, 149 and 197 to 199, inclusive.
3. In Carson City census tract 6, blocks 401, 403 to 412, inclusive, 417, 503 to 512, inclusive, 601 to 635, inclusive, 702 to 704, inclusive, and 708 to 710, inclusive.
Sec. 45. Assembly district 41 consists of:
1. In Clark County census tract 24.02, blocks 202 and 203.
2. In Clark County census tract 25, blocks 116, 123 and 125, inclusive.
3. In Clark County census tract 26, blocks 102, 103, 107 to 113, inclusive, and 120 to 133, inclusive.
κ1981 Statutes of Nevada, Page 1120 (CHAPTER 532, AB 695)κ
4. In Clark County census tract 27.01, blocks 101 to 103, inclusive, 105, 107 to 125, inclusive, 131 to 137, inclusive, 214 to 216, inclusive, 218, 232 to 238, inclusive, and 241 to 245, inclusive.
5. In Clark County census tract 27.02:
(a) Block group 5.
(b) Blocks 301 to 305, inclusive, 309 to 313, inclusive, 315 to 325, inclusive, and 330 to 337, inclusive.
Sec. 46. Assembly district 42 consists of:
1. In Clark County census tract 16.01:
(a) Block groups 1 to 8, inclusive.
(b) Block 923.
2. In Clark County census tract 16.02, blocks 129 to 142, inclusive.
3. In Clark County census tract 17.01:
(a) Block groups 1 and 7.
(b) Blocks 804 to 809, inclusive, and 813 to 820, inclusive.
4. In Clark County census tract 17.02:
(a) Block groups 1, 2 and 5.
(b) Blocks 401 and 411 to 418, inclusive.
5. In Clark County census tract 17.03, block groups 4 and 5.
Sec. 47. NRS 218.055 is hereby amended to read as follows:
218.055 1. The [following legislative districts] assembly districts described in sections 5 to 26, inclusive, 45 and 46 of this act are hereby created in Clark County. [:
(a) Four senatorial districts and the following number of senators apportioned to each, respectively:
(1) Clark County senatorial district No. 1, composed of Bunkerville, Goodsprings, Henderson, Logan, Mesquite, Moapa, Nelson, Overton and Searchlight townships: One senator.
(2) Clark County senatorial district No. 2, composed of North Las Vegas Township, excluding those enumeration districts which compose part of Clark County senatorial district No. 4, as provided in subparagraph (4) of this paragraph: Two senators.
(3) Clark County senatorial district No. 3, composed of Las Vegas Township, excluding those enumeration districts which compose part of Clark County senatorial district No. 4, as provided in subparagraph (4) of this paragraph: Seven senators.
(4) Clark County senatorial district No. 4, composed of enumeration districts Nos. 243A, 243C, 243E, 245, 259, 260, 261 and 263 in North Las Vegas Township and enumeration districts 15, 17, 18A, 18B, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 in Las Vegas Township: One senator.
(b) Twenty-two assembly districts as follows:
(1) Assembly district No. 1 shall consist of enumeration districts Nos. 9, 10, 11, 12, 98, 196, 197, 198, 199, 200, 202, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 238B and 239.
(2) Assembly district No. 2 shall consist of enumeration districts Nos. 99A, 100A, 100B, 102, 103, 106, 107, 148 and 233.
(3) Assembly district No. 2 shall consist of enumeration districts Nos. 91B, 94, 95, 96, 97, 101, 104 and 105.
κ1981 Statutes of Nevada, Page 1121 (CHAPTER 532, AB 695)κ
(4) Assembly district No. 4 shall consist of enumeration districts Nos. 13, 14, 16, 84, 86, 88, 89, 90, 91A, 92, 93, 219 and 220.
(5) Assembly district No. 5 shall consist of enumeration districts Nos. 109, 146, 149A, 149B, 150, 151A, 151B, 234A, 234B and 237A.
(6) Assembly district No. 6 shall consist of enumeration districts Nos. 15, 19, 20, 21, 22, 26A, 26B, 27, 28A, 28B, 29, 30, 31, 32, 33, 34, 36, 37, 72, 73, 74, 77 and 80.
(7) Assembly district No. 7 shall consist of enumeration districts Nos. 17A, 17B, 18A, 18B, 23A, 23B, 24, 25, 243A, 243C, 243E, 245, 246, 260 and 263.
(8) Assembly district No. 8 shall consist of enumeration districts Nos. 85, 87, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 127, 128, 129, 147, 165A and 166.
(9) Assembly district No. 9 shall consist of enumeration districts Nos. 38, 39, 40, 43, 44, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 75, 76, 78, 79, 81, 82, 83, 122, 124, 125, 133, 134 and 136.
(10) Assembly district No. 10 shall consist of enumeration districts Nos. 165B, 173A, 175A, 175B, 175C, 175D, 175E, 176A, 176B, 176C, 176D, 177, 178A, 178D and 235.
(11) Assembly district No. 11 shall consist of enumeration districts Nos. 35, 41, 42, 45, 46A, 46B, 47, 48, 51B, 52, 53, 54, 55 and 56.
(12) Assembly district No. 12 shall consist of enumeration districts Nos. 57, 58, 130, 131, 132, 135, 137, 138, 139, 140, 141, 142, 143, 145, 159 and 164A.
(13) Assembly district No. 13 shall consist of enumeration districts Nos. 99B, 167, 168, 169, 172, 178B, 178C, 179, 180, 181, 182, 184, 185, 195, 201, 227, 228A, 228B, 229, 230, 231, 232, 236, 237B and 238A.
(14) Assembly district No. 14 shall consist of enumeration districts Nos. 49, 50, 51A, 152, 153, 154, 156, 160A, 160B, 161 and 221.
(15) Assembly district No. 15 shall consist of enumeration districts Nos. 144, 145A, 145B, 155, 162A, 162B, 163A, 163B, 164C, 173B and 174.
(16) Assembly district No. 16 shall consist of enumeration districts Nos. 157, 158, 170, 171, 183, 186, 187, 188, 189, 190, 191, 192, 193, 194, 222, 223, 224, 225, 226 and 228C.
(17) Assembly district No. 17 shall consist of enumeration districts Nos. 240, 242, 243B, 243D, 244, 247B, 248, 277, 278, 291, 292, 293, 294, 296 and 298.
(18) Assembly district No. 18 shall consist of enumeration districts Nos. 247A, 251, 252, 254, 255, 256, 257, 258, 259, 261, 262, 264 and 265.
(19) Assembly district No. 19 shall consist of enumeration districts Nos. 250, 253, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276 and 287.
(20) Assembly district No. 20 shall consist of enumeration districts Nos. 241, 249, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 288, 289, 290, 297, 299, 300, 301A, 301B and 302.
(21) Assembly district No. 9 shall consist of enumeration districts Nos. 304A, 304B, 305A, 305B, 305C, 306, 307A, 307B, 308A, 308B, 309A, 309B, 310, 311, 312A, 312B, 313, 314, 315, 316A, 317, 318B, 319, 323A, 324, 325, 326, 327, 328 and 329.
κ1981 Statutes of Nevada, Page 1122 (CHAPTER 532, AB 695)κ
309A, 309B, 310, 311, 312A, 312B, 313, 314, 315, 316A, 317, 318B, 319, 323A, 324, 325, 326, 327, 328 and 329.
(22) Assembly district No. 22 shall consist of the balance of Clark County not included in Assembly districts Nos. 1 to 21.]
2. The following senatorial districts are hereby created in Clark County, and the following numbers of senators apportioned to each respectively:
(a) Clark County senatorial district 1 consisting of assembly districts 21 and 22: One senator.
(b) Clark County senatorial district 2 consisting of assembly districts 11, 17, 19 and 29: Two senators.
(c) Clark County senatorial district 3 consisting of assembly districts 9, 10, 12 and 14: Two senators.
(d) Clark County senatorial district 4 consisting of assembly districts 6 and 7: One senator.
(e) Clark County senatorial district 5 consisting of assembly districts 5, 13 and 16, and assembly district 8, excluding that part of block 123 of Clark County census tract 10.01 which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard: Two senators.
(f) Clark County senatorial district 6 consisting of assembly districts 1 to 4, inclusive, and that part of block 123 of Clark County census tract 10.01 which is in assembly district 8: Two senators.
(g) Clark County senatorial district 7 consisting of assembly districts 15, 18, 41 and 42: Two senators.
3. Each senator and assemblyman [shall] must be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 48. NRS 218.075 is hereby amended to read as follows:
218.075 1. The [following senatorial districts are created in Carson City and the 14 rural counties of the state, and the following numbers of senators apportioned to each, separately:
(a) Northern Nevada senatorial district shall consist of Elko, Eureka, Humboldt and Lander counties: One senator.
(b) Central Nevada senatorial district shall consist of Esmeralda, Lincoln, Mineral, Nye and White Pine counties: One Senator.
(c) Western Nevada senatorial district shall consist of Churchill, Lyon, Pershing and Storey counties: One senator.
(d) Capital senatorial district shall consist of Douglas County and Carson City: One senator.
2. The following assembly districts are created in Carson City and the 14 rural counties of the state:
(a) Assembly district No. 33 shall consist of Elko County less Carlin township.
(b) Assembly district No. 34 shall consist of Eureka, Humboldt, and Lander counties and Carlin township of Elko County as established by the board of county commissioners of Elko County on June 7, 1966.
(c) Assembly district No. 35 shall consist of Lincoln and White Pine counties.
κ1981 Statutes of Nevada, Page 1123 (CHAPTER 532, AB 695)κ
(d) Assembly district No. 36 shall consist of Esmeralda, Mineral and Nye counties.
(e) Assembly district No. 37 shall consist of Pershing and Churchill counties less enumeration districts Nos. 12B, 13, 14 and 18 in Churchill County.
(f) Assembly district No. 38 shall consist of Lyon and Storey counties and Churchill County enumeration districts Nos. 12B, 13, 14 and 18.
(g) Assembly district No. 39 shall consist of Douglas County and Carson City enumeration districts Nos. 1, 2 and 3.
(h) Assembly district No. 40 shall consist of Carson City, less enumeration districts Nos. 1, 2 and 3 of Carson City.
3.] assembly districts described in sections 37 to 44, inclusive, of this act are hereby created.
2. The following senatorial districts are hereby created and the following numbers of senators apportioned to each respectively:
(a) The Northern Nevada senatorial district consisting of assembly districts 33 and 34: One senator.
(b) The Central Nevada senatorial district consisting of assembly districts 35 and 36: One senator.
(c) The Western Nevada senatorial district consisting of assembly districts 38 and 39: One senator.
(d) The Capital senatorial district consisting of assembly districts 37 and 40: One senator.
3. Each senator and assemblyman [shall] must be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 49. NRS 218.080 is hereby amended to read as follows:
218.080 1. The [following legislative districts] assembly districts described in sections 27 to 36, inclusive, of this act are hereby created in Washoe County. [:
(a) Two senatorial districts and the following number of senators apportioned to each, respectively:
(1) Washoe County senatorial district No. 1, composed of Bald Mountain, Gerlach, Reno, Sparks and Verdi townships, excluding the City of Sparks and those enumeration districts in Sparks Township which compose part of Washoe County senatorial district No. 2, as provided in subparagraph (2) of this paragraph: Four senators.
(2) Washoe County senatorial district No. 2, composed of Wadsworth Township, the City of Sparks, and enumeration districts Nos. 55A, 59, 60, 61, 62, 63 and 64 in Sparks Township: One senator.
(b) Ten assembly districts as follows:
(1) Assembly district No. 23 shall consist of enumeration districts Nos. 150, 152, 155, 156, 158, 186, 187, 188, 189, 194, 204, 205, 206, 207, 208, 209, 210, 211 and 213.
(2) Assembly district No. 24 shall consist of enumeration districts Nos. 78, 79, 80, 81, 82, 83, 85A, 85B, 86A, 86B, 87, 88, 89, 195, 197, 198, 202 and 212.
(3) Assembly district No. 25 shall consist of enumeration districts Nos. 138, 139, 140, 143, 144, 145, 146, 148, 149, 151, 154, 190A, 190B, 191, 192, 193 and 196.
(4) Assembly district No. 26 shall consist of enumeration districts Nos.
κ1981 Statutes of Nevada, Page 1124 (CHAPTER 532, AB 695)κ
Nos. 128, 129, 130, 157, 159, 160, 161, 161B, 162, 163, 164, 165, 166, 167, 178, 179, 180, 181, 182, 183, 184 and 185.
(5) Assembly district No. 27 shall consist of enumeration districts Nos. 110, 111, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 131, 132, 133, 134, 135, 136, 137 and 153.
(6) Assembly district No. 28 shall consist of enumeration districts Nos. 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 112, 114, 141, 142 and 147.
(7) Assembly district No. 29 shall consist of enumeration districts Nos. 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 113, 116, 199, 200 and 201.
(8) Assembly district No. 30 shall consist of enumeration districts Nos. 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 44, 46, 47, 48, 49, 50, 51, 52, 62 and 63.
(9) Assembly district No. 31 shall consist of enumeration districts Nos. 11, 12, 13, 14, 15, 16, 17, 36, 37, 38, 39, 40, 41, 42, 43, 59, 60, 61 and 64.
(10) Assembly district No. 32 shall consist of enumeration districts Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 45, 53, 54, 55, 55B, 56, 57, 58, 65, 84A, 84B, 84C, 84D, 168, 169, 170, 171, 172, 173, 174, 175, 177 and 203.]
2. The following senatorial districts are hereby created in Washoe County, and the following numbers of senators apportioned to each respectively:
(a) Washoe County senatorial district 1 consisting of assembly districts 24, 25, 28 and 29: Two senators.
(b) Washoe County senatorial district 2 consisting of assembly districts 30 and 31: One senator.
(c) Washoe County senatorial district 3 consisting of assembly districts 23, 26, 27 and 32: Two senators.
3. Each senator and assemblyman [shall] must be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 50. NRS 218.082 is hereby amended to read as follows:
218.082 1. [Enumeration district maps, which have provided the population information for the purposes of NRS 218.050 to 218.084, inclusive, shall be filed with the secretary of state.
2. The secretary of state shall deliver to each county clerk and the Carson City clerk a copy of the pertinent map or provide map information pertinent to the establishment of election precincts.] The secretary of state shall obtain maps accurately showing the blocks, block groups, enumeration districts and census tracts of the state.
2. Each county clerk whose county does not lie entirely in one assembly district shall obtain maps for his county accurately showing the blocks, block groups, enumeration districts or census tracts of his county.
3. Each county clerk and the Carson City clerk shall, [prior to] before all elections and [as provided by law,] pursuant to NRS 293.205, establish the election precincts within the county and Carson City, respectively, in such a manner that each election precinct for all elections at which any senator or assemblyman is to be elected, or nominated for election, [shall be] is wholly within some one of the legislative districts.
κ1981 Statutes of Nevada, Page 1125 (CHAPTER 532, AB 695)κ
at which any senator or assemblyman is to be elected, or nominated for election, [shall be] is wholly within some one of the legislative districts. The establishment of an election precinct for any such election which lies partly in two or more legislative districts [shall be] is void.
Sec. 51. NRS 218.084 is hereby amended to read as follows:
218.084 1. If any area of this state is omitted from the provisions of NRS 218.050 to 218.082, inclusive, or sections 2 to 46, inclusive, of this act, inadvertently or by virtue of the complexities of the information supplied to the legislature, the county clerk or the Carson City clerk, upon discovery of the omission, shall attach that area to the appropriate assembly district or senatorial district as follows:
(a) If the area is surrounded by [the] an assembly district or senatorial district, the area must be attached to that district.
(b) If the area is contiguous to two or more assembly districts or senatorial districts, the area must be attached to the district that has the least population.
2. Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the secretary of state. No change may be made in any attachments until the legislature is again reapportioned.
Sec. 52. NRS 244.014 is hereby amended to read as follows:
244.014 In each county having a population of 100,000 or more but less than 250,000:
1. At the general election in 1976, and every 4 years thereafter, two county commissioners [shall] must be elected respectively from two of the county commissioner election districts established pursuant to this chapter.
2. At the general election in 1978, and every 4 years thereafter, three county commissioners [shall] must be elected respectively from three of the county commissioner election districts established pursuant to this chapter.
3. The board of county commissioners shall establish five county commissioner election districts which must be as nearly equal in population as practicable. If the county comprises no partial assembly districts and a number of whole assembly districts that is evenly divisible by the number of county commissioners, each county commissioner election district must be composed of a number of contiguous and undivided assembly districts equal to this quotient.
Assembly district, as used in this subsection, means one of the districts [, identified by number,] established by NRS 218.080.
Sec. 53. NRS 218.020, 218.030, 218.050 and 218.053 are hereby repealed.
Sec. 54. Each senator who is serving in the 61st session of the legislature shall serve out the term of office for which he was elected, and if that term extends beyond the general election in 1982 shall represent the new district which includes his residence as of the date of his most recent election, if he still resides in that district. Any vacancy among the senators must be filled for the unexpired term. An additional senator must be elected from Clark County senatorial district 5 for a term of 4 years beginning on the day after the general election in 1982.
κ1981 Statutes of Nevada, Page 1126 (CHAPTER 532, AB 695)κ
Sec. 55. This act shall become effective on January 1, 1982, for the purpose of nominating and electing senators and assemblymen, and on the day after the general election in 1982 for all other purposes.
________
Senate Bill No. 603Committee on Transportation
CHAPTER 533
AN ACT relating to motor vehicles; consolidating the reports required from the operators of motor vehicles which are involved in certain accidents; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.229 is hereby amended to read as follows:
484.229 1. [The] Except as provided in subsection 2, the driver of a vehicle which is in any manner involved in an accident, resulting in bodily injury to or death of any person or total damage to any vehicle or item of property to an apparent extent of $250 or more, shall, within 10 days after [such] the accident, forward a written report of [such] the accident to the department of motor vehicles.
[2.] The department may require [any driver of a vehicle involved in an accident of which written report must be made as provided in this section] the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the department.
2. The driver of a vehicle subject to the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.
3. A written accident report is not required under this chapter from any person who is physically incapable of making a report, during the period of [such] his incapacity.
4. Whenever the driver is physically incapable of making a written report of an accident as required in this section and [such driver] he is not the owner of the vehicle, [then] the owner [of the vehicle involved in such accident] shall within 10 days after knowledge of the accident make [such] the report not made by the driver.
5. All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents [shall be] are without prejudice to the [individual] person so reporting and [shall be] are for the confidential use of the department or other state agencies having use of the records for accident prevention purposes, except that the department may disclose the identity of a person involved in an accident when [such] his identity is not otherwise known or when [such person] he denies his presence at [such] the accident.
κ1981 Statutes of Nevada, Page 1127 (CHAPTER 533, SB 603)κ
6. No written [reports] report forwarded under the provisions of this section [shall] may be used as evidence in any trial, civil or criminal arising out of an accident except that the department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if such a report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. [The reports] Such a report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.
Sec. 2. NRS 484.236 is hereby amended to read as follows:
484.236 1. If a person willfully fails, refuses or neglects to make a report of an accident in accordance with the provisions of this chapter, his driving privilege may be suspended. Suspension action taken under this section remains in effect for 1 year unless terminated by receipt of the report of the accident or upon receipt of evidence that failure to report was not willful.
2. Any person who gives information in oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a gross misdemeanor.
Sec. 3. NRS 484.247 is hereby amended to read as follows:
484.247 1. The department of motor vehicles shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or [individuals] persons forms for written accident reports as required in this chapter, suitable with respect to the persons required to make [such] the reports and the purposes to be served. The [written reports shall] forms must be designed to call for sufficiently detailed information to disclose with reference to a vehicle accident the cause, conditions then existing and the persons and vehicles involved.
2. The form prepared for a report to be made by persons pursuant to NRS 484.229 must call for such information as is required by the drivers license division of the department of motor vehicles to enable it to determine whether the requirements for the deposit of security under chapter 485 of NRS are inapplicable. The division may rely upon the accuracy of information supplied by a driver or owner on such a form unless the division has reason to believe that the information is erroneous.
3. Every accident report required to be made in writing [shall] must be made on the appropriate form approved by the department and [shall] must contain all the information required therein unless it is not available.
Sec. 4. NRS 485.130 is hereby amended to read as follows:
485.130 1. The division shall:
(a) Administer and enforce the provisions of this chapter.
(b) Provide for hearings upon request of persons aggrieved by orders or acts of the division under the provisions of NRS [485.150] 485.185 to 485.300, inclusive.
2. The division may [make rules and] adopt regulations necessary for the administration of this chapter.
Sec. 5. NRS 485.140 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1128 (CHAPTER 533, SB 603)κ
485.140 1. Any person aggrieved by an order or act of the division, under the provisions of NRS [485.150] 485.185 to 485.300, inclusive, may, within 10 days after notice thereof, file a petition in the district court of Carson City for a trial de novo to determine whether [such] the order or act is lawful and reasonable. The filing of such a petition [shall] does not suspend the order or act of the division unless a stay thereof [shall be] is allowed by a judge of the district court pending final determination of the matter.
2. The court shall summarily hear the petition and may make any appropriate order or decree.
Sec. 6. NRS 485.220 is hereby amended to read as follows:
485.220 1. The security required under NRS [485.150] 485.185 to 485.300, inclusive, [shall] must be in such a form and [in such] amount as the division may require, but in no case in excess of the limits specified in NRS 485.210 in reference to the acceptable limits of a policy or bond.
2. The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while [such] the deposit is in the custody of the division or the state treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons; but a single deposit of security [shall be] is applicable only on behalf of persons required to furnish security because of the same accident.
Sec. 7. NRS 485.240 is hereby amended to read as follows:
485.240 1. [In case] If the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, or is a nonresident, he [shall] must not be allowed a license or registration until he has complied with the requirements of NRS [485.150] 485.185 to 485.300, inclusive, to the same extent that would be necessary if, at the time of the accident, he had held a license and registration.
2. When a nonresidents operating privilege is suspended pursuant to NRS 485.190 or 485.230, the division shall transmit a certified copy of the record of [such] that action to the official in charge of the issuance of licenses and registration certificates in the state in which [such] the nonresident resides, if the law of [such other] that state provides for action in relation thereto similar to that provided for in subsection 3.
3. Upon receipt of [such] a certification that the operating privilege of a resident of this state has been suspended or revoked in any [such] other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the division to suspend a nonresidents operating privilege had the accident occurred in this state, the division shall suspend the license of [such] the resident if he was the operator, and all of his registrations if he was the owner of a motor vehicle involved in [such] that accident. [Such suspension shall] The suspension must continue until [such] the resident furnishes evidence of his compliance with the law of [such] the other state relating to the deposit of such security.
κ1981 Statutes of Nevada, Page 1129 (CHAPTER 533, SB 603)κ
Sec. 8. NRS 485.260 is hereby amended to read as follows:
485.260 Security deposited in compliance with the requirements of NRS [485.150] 485.185 to 485.300, inclusive, [shall] must be placed by the division in the custody of the state treasurer.
Sec. 9. NRS 485.300 is hereby amended to read as follows:
485.300 [The report required by NRS 485.150 to 485.180, inclusive, the] Any action taken by the division pursuant to NRS [485.150] 485.185 to 485.300, inclusive, the findings, if any, of the division upon which [such] the action is based, and the security filed as provided in NRS [485.150] 485.185 to 485.300, inclusive, are privileged against disclosure at the trial of any action at law to recover damages.
Sec. 10. NRS 485.150 to 485.180, inclusive, and 485.325 are hereby repealed.
________
Senate Bill No. 673Committee on Transportation
CHAPTER 534
AN ACT relating to motor carriers; simplifying procedures for changing the rates, fares and charges of motor carriers; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.321 is hereby amended to read as follows:
706.321 1. Every common or contract motor carrier shall file with the commission:
(a) Within a time to be fixed by the commission, schedules and tariffs which [shall] must be open to public inspection, showing all rates, fares and charges which [such] the carrier has established and which are in force at the time for any service performed in connection therewith by any [such] carrier controlled and operated by it.
(b) In connection with and as part of [such] that schedule, all rules and regulations that in any manner affect the rates or fares charged or to be charged for any service.
2. No changes [shall] may be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any [and all] rates or charges, except upon 30 days notice to the commission, and all [such changes shall] those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days [prior to the time the same] before the time they are to take effect. The commission, upon application of any [such] carrier, may prescribe a shorter time within which [a change other than a rate increase] changes may be made. The 30 days notice is not applicable when [any such] the carrier gives written notice to the commission 10 days [prior to] before the effective date of its participation in a tariff bureaus rates and tariffs, provided [such] the rates and tariffs have been previously filed with and approved by the commission.
κ1981 Statutes of Nevada, Page 1130 (CHAPTER 534, SB 673)κ
3. The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, rules, regulations, practices and services, and, after hearing, by order, make such changes as may be just and [reasonable, the same as if a formal complaint had been made.] reasonable.
4. The commission, in its discretion, may dispense with the hearing on any change requested in rates, fares, charges, rules, regulations, practices or [service, if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the change requested in rates, fares, charges, rules, regulations, practices or service has been filed by or on behalf of any interested person.] service.
5. All rates, fares, charges, classifications and joint rates, rules, regulations, practices and services fixed by the commission [shall be] are in force, and [shall be] are prima facie lawful, from the date of the order until changed or modified by the commission, or in pursuance of NRS 706.706 to 706.726, inclusive.
6. All regulations, practices and service prescribed by the commission [shall] must be enforced and [shall be] are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of NRS 706.706 to 706.726, inclusive, or until changed or modified by the commission itself upon satisfactory showing made.
Sec. 2. NRS 706.326 is hereby amended to read as follows:
706.326 1. Whenever there is filed with the commission any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the commission [shall have, and it is hereby given, authority, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested common or contract motor carrier, to] may enter upon an investigation or, upon reasonable notice, [to] enter upon a hearing concerning the propriety of [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending [such] the investigation or hearing and the decision thereon, the commission, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for [such] the suspension, may suspend the operation of [such] the schedule or tariff and defer the use of [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to [such] the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
κ1981 Statutes of Nevada, Page 1131 (CHAPTER 534, SB 673)κ
4. The commission shall determine whether a hearing shall be held [when] to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or [charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.] charge. In making [such] that determination the commission shall [first] consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 3. NRS 706.331 is hereby amended to read as follows:
706.331 1. If, [upon any hearing and] after due [investigation, the] investigation and hearing, any authorized rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation, measurement, practice, act or service complained of is found to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it is found that the service is inadequate, or that any reasonable service cannot be obtained, the commission may substitute therefor such other rates, tolls, fares, charges, tariffs, schedules or regulations, measurements, practices, service or acts and make [such] an order relating thereto as may be just and reasonable.
2. When complaint is made of more than one matter, the commission may order separate hearings upon the several matters complained of at such times and places as it may prescribe.
3. No complaint may at any time be dismissed because of the absence of direct damage to the complainant.
4. The commission may at any time, upon its own motion, investigate any of the matters listed in subsection 1, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
________
Senate Bill No. 523Committee on Commerce and Labor
CHAPTER 535
AN ACT relating to physicians; expanding the class of graduates of foreign medical schools who may obtain a limited license to practice medicine; changing certain registration requirements; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 630.265 is hereby amended to read as follows:
630.265 1. The board may issue to a qualified applicant a limited license to practice medicine as a resident physician in a postgraduate program of clinical training if:
(a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and [has] :
κ1981 Statutes of Nevada, Page 1132 (CHAPTER 535, SB 523)κ
recognized by the Educational Commission for Foreign Medical Graduates and [has] :
(1) Has received the standard certificate of the Educational Commission for Foreign Medical Graduates; [and] or
(2) Is a citizen of the United States and has completed 1 year of supervised clinical training approved by the board; and
(b) The board approves the program of clinical training, and if the medical school or other institution sponsoring the program provides the board with written confirmation that the applicant has been appointed to a position in the program.
2. The board may issue such a limited license for not more than 1 year but may renew the license.
3. An applicant for such a license must pay an application fee of $25 to the board, and for any renewal of the license he must pay a fee of $10.
4. The holder of such a limited license may practice medicine only in connection with his duties as a resident physician and shall not engage in the private practice of medicine.
5. A limited license granted under the authority of this section may be revoked by the board at any time for reasons deemed sufficient by the board.
6. The board may adopt regulations to carry out the purpose of this section.
Sec. 2. NRS 630.290 is hereby amended to read as follows:
630.290 1. Each applicant for a license to practice medicine [shall] must pay a fee of $200.
2. Each applicant who fails an examination and who is permitted to be reexamined [shall] must pay a fee not to exceed $200 for each reexamination.
3. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request and in its discretion, refund a portion of the application fee not to exceed $100. There [shall] must be no refund of the application fee if an applicant appears for examination.
4. Each applicant for a permit, issued under the provisions of NRS 630.280 or 630.285, [shall] must pay a fee not to exceed $50, as determined by the board, and [shall] must pay a fee of $10 for each renewal of the permit.
5. Each holder of a license to practice medicine [shall] must pay to the secretary-treasurer of the board on or before [May] January 1 of each year an annual registration fee to be set by the board and in no case to exceed the sum of $100 per year.
6. Any holder failing to pay the annual registration fee after it becomes due [shall] must be given a period of 60 days in which to pay the fee, and, failing to do so, [shall automatically forfeit] automatically forfeits his right to practice medicine, and his license to practice medicine in Nevada [shall automatically be] is automatically suspended. The holder may, within 2 years from the date his license is suspended, on payment of twice the amount of the then-current annual registration fee to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
κ1981 Statutes of Nevada, Page 1133 (CHAPTER 535, SB 523)κ
the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
7. The annual registration fee [shall] must be collected for the year in which a physician is licensed.
8. Notices [shall] must be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual registration fee, and a copy of the notice [shall] must be sent to the [federal narcotic enforcement office and and to the recorder of the county in which the physician practices. The recording fee shall be a proper charge against the funds of the board.] Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 3. NRS 633.481 is hereby amended to read as follows:
633.481 1. Except as provided in subsection 2, if a licensee fails to comply with the requirements of NRS 633.471 within 30 days after the renewal date, the board shall give 30 days notice of failure to renew and of revocation of license by certified mail to the licensee at his last address registered with the board. If the license is not renewed before the expiration of the 30 days notice, the license is automatically revoked without any further notice or a hearing and the board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency. [and with the recorder of the county in which the delinquent licensee practices.]
2. A licensee who fails to meet the continuing education requirements for license renewal may apply to the board for a waiver of the requirements. The board may grant a waiver for that year only if it finds that the failure is due to the licensees disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the board to excuse the failure.
3. A person whose license is revoked under this section may apply to the board for restoration of his license upon:
(a) Payment of all past due renewal fees and the late payment fee specified in this chapter;
(b) Producing verified evidence satisfactory to the board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation; and
(c) Stating under oath in writing that he has not withheld information from the board which if disclosed would furnish grounds for disciplinary action under this chapter.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1981 Statutes of Nevada, Page 1134κ
Senate Bill No. 612Committee on Human Resources and Facilities
CHAPTER 536
AN ACT relating to involuntary court-ordered admissions to mental health facilities; providing that an order for involuntary admission of a person must be based on clear and convincing evidence; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 433A.310 is hereby amended to read as follows:
433A.310 1. If the district court finds, after proceedings for involuntary court-ordered admission [, that] :
(a) That there is not clear and convincing evidence that the person with respect to whom [such] the hearing was held [:
(a) Is not] is mentally ill [,] or [if mentally ill, does not exhibit] exhibits observable behavior that he is likely to harm himself or others if allowed to remain at liberty, or [is not] that he is gravely disabled, the court shall enter its finding to [such] that effect and the person [shall] must not be involuntarily detained in a mental health facility.
(b) [Is] That there is clear and convincing evidence that the person with respect to whom the hearing was held is mentally ill and, because of that illness, is likely to harm himself or others if allowed to remain at liberty, or is gravely disabled, the court may order the involuntary admission of the person for the most appropriate course of treatment.
2. An involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the mental health facility as provided for in subsection 2 of NRS 433A.390. At the end of the court-ordered treatment period, the division or any nondivision mental health facility may petition to renew the detention of the person for additional periods of time not to exceed 6 months each. For each renewal, [such petition shall] the petition must set forth to the court specific reasons why further treatment would be in the persons own best interests.
3. Before issuing an [order pursuant to paragraph (b) of subsection 1 or a renewal pursuant to subsection 2,] order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive environment as suggested by the [division] divisions evaluation team or other qualified mental health professionals which the court believes [will] may be in the best interests of the person.
________
κ1981 Statutes of Nevada, Page 1135κ
Senate Bill No. 425Committee on Judiciary
CHAPTER 537
AN ACT relating to the district courts; providing for the addition of judges to the eighth judicial district; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For the eighth judicial district there shall be 16 district judges.
Sec. 2. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into nine judicial districts, as follows:
First judicial district. The counties of Storey and Carson City constitute the first judicial district.
Second judicial district. The county of Washoe constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander constitute the third judicial district.
Fourth judicial district. The county of Elko constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln constitute the seventh judicial district.
Eighth judicial district. The county of Clark constitutes the eighth judicial district.
Ninth judicial district. The counties of Douglas and Lyon constitute the ninth judicial district.
2. [For] Except as otherwise provided in this chapter, for each of the judicial districts [, except the first, second and eighth judicial districts,] there shall be one district judge. For the first judicial district there shall be two district judges. For the second judicial district there shall be seven district judges. [For the eighth judicial district there shall be 12 district judges.]
Sec. 3. Section 1 of chapter 556, Statutes of Nevada 1979, at page 1103, is hereby amended to read as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into nine judicial districts, as follows:
First judicial district. The counties of Storey and Carson City constitute the first judicial district.
Second judicial district. The county of Washoe constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander constitute the third judicial district.
κ1981 Statutes of Nevada, Page 1136 (CHAPTER 537, SB 425)κ
Fourth judicial district. The county of Elko constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln constitute the seventh judicial district.
Eighth judicial district. The county of Clark constitutes the eighth judicial district.
Ninth judicial district. The counties of Douglas and Lyon constitute the ninth judicial district.
2. Except as otherwise provided in this chapter, for each of the judicial districts there shall be one district judge. For the first judicial district there shall be two district judges. [For the second judicial district there shall be seven district judges.
3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy occurs in the office of any district judge it shall be filled as provided in NRS 3.080.]
Sec. 4. NRS 3.020 is hereby amended to read as follows:
3.020 In judicial districts where more than one judge has been provided for [by NRS 3.010, such judges shall] , the judges have concurrent and coextensive jurisdiction within the district, under such rules [and regulations] as may be prescribed by law, and the district judges therein [shall have power to] may make additional rules [and regulations,] , not inconsistent with law, which will enable them to transact judicial business in a convenient and lawful manner.
Sec. 5. NRS 3.040 is hereby amended to read as follows:
3.040 1. The district judges [provided for in NRS 3.010] shall also serve as ex officio circuit judges, and in that capacity shall perform such judicial duties as may be designated by the chief justice of the supreme court as [hereinafter] provided [.] in subsection 2.
2. The chief justice [of the supreme court] shall seek to expedite judicial business and to equalize the work of the district judges, and shall provide for the assignment of any district judge to another district court to assist a court or judge whose calendar is congested, to act for a district judge who is disqualified or unable to act, or to sit and hold court where a vacancy in the office of district judge has occurred.
Sec. 6. NRS 174.125 is hereby amended to read as follows:
174.125 1. All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions which by their nature, if granted, delay or postpone the time of trial [, shall be made prior to] must be made before trial, unless an opportunity to make [any such motion prior to] such a motion before trial did not exist or the moving party was not aware of the grounds for the motion [prior to] before trial.
2. In any judicial district in which a single judge is provided: [by NRS 3.010:]
(a) All motions subject to the provisions of subsection 1 [shall] must be made in writing, with not less than 10 days notice to the opposite party unless good cause is shown to the court at the time of trial why the motion could not have been made in writing upon the required notice.
κ1981 Statutes of Nevada, Page 1137 (CHAPTER 537, SB 425)κ
be made in writing, with not less than 10 days notice to the opposite party unless good cause is shown to the court at the time of trial why the motion could not have been made in writing upon the required notice.
(b) The court may, by written order, shorten the notice required to be given to the opposite party.
3. In any judicial district in which two or more judges are provided: [by NRS 3.010:]
(a) All motions subject to the provisions of subsection 1 [shall] must be made in writing not less than 15 days before the date set for trial, except that if less than 15 days intervene between entry of plea and the date set for trial, such a motion may be made within 5 days after entry of the plea.
(b) The court may, if a defendant waives hearing on the motion or for other good cause shown, permit the motion to be made at a later date.
4. Grounds for making such a motion after the time provided or at the trial must be shown by affidavit.
Sec. 7. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges. [, as provided in NRS 3.010.]
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who shall be ex officio county auditor in counties having a population of less than 100,000.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
κ1981 Statutes of Nevada, Page 1138 (CHAPTER 537, SB 425)κ
(c) All officers who are not elected.
Sec. 8. The terms of the additional district judges elected in the eighth judicial district at the general election in 1982 expire on the first Monday in January in 1985.
Sec. 8.5. The legislature declares that by increasing the number of judges provided for the eighth judicial district it creates a vacancy within the meaning of section 5 of article 6 of the constitution of the State of Nevada.
Sec. 9. If any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 10. 1. This act shall become effective upon the first occurrence of a vacancy in the eighth judicial district or on January 1, 1982, whichever first occurs, for the purpose of nominating and electing the additional district judges provided, and on the 1st Monday of January 1983 for all other purposes.
2. If no judges are so elected but a vacancy occurs in the eighth judicial district before the 1st Monday of January 1985, this act shall become effective immediately for the purpose of appointing the additional district judges provided, but those judges shall not enter upon the performance of their judicial duties before the 1st Monday of January 1983.
3. If it has not become effective earlier pursuant to subsection 1 or 2, this act shall become effective on January 1, 1984, for the purpose of nominating and electing the additional district judges provided, and on the 1st Monday of January 1985 for all other purposes.
________
Assembly Bill No. 60Assemblymen Rhoads, Bergevin and Glover
CHAPTER 538
AN ACT relating to public lands; providing for the identification and purchase of routes of access to public lands; requiring the commitment of matching money; making an appropriation; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state land registrar shall identify existing routes of access which lead to public lands and have the following characteristics:
1. The routes must lead to public lands which provide excellent hunting, fishing, camping, hiking, sightseeing or other recreational opportunities; and
2. The routes must themselves be accessible from existing or planned public roads or highways.
Sec. 2. There is hereby appropriated from the state general fund to the division of state lands of the state department of conservation and natural resources the sum of $10,000 to provide for the purchase of the routes of access designated by the state land registrar.
κ1981 Statutes of Nevada, Page 1139 (CHAPTER 538, AB 60)κ
natural resources the sum of $10,000 to provide for the purchase of the routes of access designated by the state land registrar. The administrator of the division of state lands shall not expend or commit for expenditure any money from this appropriation unless an equal amount is committed for expenditure from a private source to support the purchase of the routes.
Sec. 3. Any remaining balance of the appropriation made by section 2 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.
________
Assembly Bill No. 117Assemblyman Banner
CHAPTER 539
AN ACT relating to industrial insurance; making various changes to provisions concerning appeals officers and hearing officers; providing the commissioners with subpena powers; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.226 is hereby amended to read as follows:
616.226 [Hearing] Commissioners, hearing officers and appeals officers, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations [promulgated] adopted under this chapter may:
1. Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
2. Administer oaths.
3. Certify to official acts.
4. Call and examine under oath any witness or party to a claim.
5. Maintain order.
6. Rule upon all questions arising during the course of a hearing or proceeding.
7. Permit discovery by deposition or interrogatories.
8. Initiate and hold conferences for the settlement or simplification of issues.
9. Dispose of procedural requests or similar matters.
10. Generally regulate and guide the course of a pending hearing or proceeding.
Sec. 2. NRS 616.230 is hereby amended to read as follows:
616.230 If any person disobeys an order of an appeals officer, a hearing officer or the commission or a subpena issued by [the commissioners, inspectors or examiners, or either of them,] a commissioner, appeals officer, hearing officer, inspector or examiner, or refuses to permit an inspection, or as a witness, refuses to testify to any matter for which he may be lawfully interrogated, [then] the district judge of the county in which the person resides, on application of the appeals officer, [a] hearing officer or [the commission,] commissioner, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
κ1981 Statutes of Nevada, Page 1140 (CHAPTER 539, AB 117)κ
county in which the person resides, on application of the appeals officer, [a] hearing officer or [the commission,] commissioner, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
Sec. 3. NRS 616.567 is hereby amended to read as follows:
616.567 1. When the commission determines that a case should be closed before all benefits to which the claimant may be entitled have been paid, the commission shall send a written notice of its intention to close the case to the claimant by United States mail addressed to the last known address of the claimant. The notice must include a statement that the claimant has a right to [appeal] a hearing before a hearing officer on the closing of his case, and that he may request a hearing, in writing, on the form provided with the notice, within 30 days after the date on which the notice was mailed by the commission. A suitable form for requesting a hearing must be enclosed with the notice.
2. If the commission does not receive a request for a hearing before [an appeals] a hearing officer within 30 days after mailing the notice, it may close the case. Upon receiving a request for a hearing, the commission shall treat the case as a contested case for the purposes of the [appeal.] hearing.
Sec. 4. NRS 617.165 is hereby amended to read as follows:
617.165 The [commission] chief of the hearings division of the department of administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter.
Sec. 5. NRS 617.405 is hereby amended to read as follows:
617.405 1. No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless:
(a) A claim is filed within the time limits prescribed in NRS 617.330; and
(b) A final decision by an appeals officer has been rendered on [such] the claim.
2. Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.
________
Assembly Bill No. 581Committee on Commerce
CHAPTER 540
AN ACT relating to credit life and health insurance; clarifying provisions relating to the terms of policies; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 690A.060 is hereby amended to read as follows:
690A.060 [The] 1. Except as provided in subsections 2 and 3, the term of any credit life insurance or credit health insurance [shall,] must, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, or the date when the debtor applies for [such] the insurance, whichever is later.
κ1981 Statutes of Nevada, Page 1141 (CHAPTER 540, AB 581)κ
subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, or the date when the debtor applies for [such] the insurance, whichever is later. [, except that, where]
2. If a group policy provides coverage with respect to [the] existing obligations, the insurance on a debtor with respect to [such indebtedness shall] the indebtedness must commence on the effective date of the policy or the effective date of the coverage, whichever is later. [Where]
3. If evidence of insurability is required and [such] the evidence is furnished more than 30 days after the date when the debtor becomes obligated to the creditor, the term of the insurance may commence on the date on which the insurer determines the evidence to be satisfactory, and in such event there [shall] must be an appropriate refund or adjustment of any charge to the debtor for insurance. [The term of such insurance shall not extend more than 15 days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor.]
4. The insurance must remain in effect until the day on which the final payment is scheduled to be made. If the indebtedness is discharged [due to] by renewal or refinancing [prior to the scheduled maturity date,] before the date on which it would have been repaid if payments had been made as scheduled, the insurance in force [shall] must be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of [such] termination [prior to] before scheduled maturity, a refund [shall] must be paid or credited as provided in NRS 690A.090.
5. An insurer is not liable for payments not made by the insured or for charges not paid before the date of a loss which gives use to a claim.
________
Assembly Bill No. 590Committee on Commerce
CHAPTER 541
AN ACT relating to insurance; authorizing the commissioner of insurance to adopt regulations allowing an insurance broker to collect a fee from his customer for certain kinds of insurance; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 679A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Policy means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof.
Sec. 3. Premium means the consideration for insurance, by whatever name called. The term includes any assessment, or any membership, policy, survey, inspection, service or similar fee or other charge assessed or collected by the insurer or his agent in consideration for an insurance contract or its procurement.
κ1981 Statutes of Nevada, Page 1142 (CHAPTER 541, AB 590)κ
charge assessed or collected by the insurer or his agent in consideration for an insurance contract or its procurement.
Sec. 4. NRS 686A.230 is hereby amended to read as follows:
686A.230 1. No person [shall] may willfully collect any sum as premium or charge for insurance [, which insurance] which is not then provided or is not in due course to be provided (subject to the acceptance of the risk by the insurer) by an insurance policy issued by an insurer as authorized by this code.
2. [No person shall] Except as provided in subsection 3, no person may willfully collect as premium or charge for insurance any sum in excess of the premium or charge applicable to [such] the insurance and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the commissioner; or, in cases where classifications, premiums or rates are not required by this code to be so filed and approved, [such] the premiums and charges [shall] must not be in excess of those specified in the policy and as fixed by the insurer. This subsection [shall not be deemed to] does not prohibit:
(a) The charging and collection, by surplus lines brokers licensed under chapter 685A of NRS, of the amount of applicable state and federal taxes and nominal service charge to cover communication expenses, in addition to the premium required by the insurer.
(b) The charging and collection, by a life insurer, of amounts actually to be expended for medical examination of any applicant for life insurance or for reinstatement of a life insurance policy.
3. The commissioner may adopt regulations to allow the charging and collection of an insurance brokers fee:
(a) In lieu of any other charge or commission for solicitation, negotiation or procurement of a policy of insurance which covers commercial or business risks; and
(b) For consultation or any related advice on the insuring of commercial or business risks which does not result in the procurement of a policy of insurance.
The regulations adopted pursuant to this subsection must not permit these fees on life or health insurance or annuities.
Sec. 5. NRS 687B.030 is hereby amended to read as follows:
687B.030 [1. As used in this code, premium is the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service or similar fee or other charge in consideration for an insurance contract or procurement thereof is part of the premium.
2.] With respect to any kind of insurance and any type of insurance contract, the insurer may provide for waiver of payment of premium for such causes and subject to such terms and conditions as may be specified in the contract.
Sec. 6. NRS 687B.020 is hereby repealed.
________
κ1981 Statutes of Nevada, Page 1143κ
Assembly Bill No. 65Assemblymen Banner, Mello and Bremner
CHAPTER 542
AN ACT relating to data processing; creating the department of data processing; providing its powers and duties; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 242 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Department means the department of data processing.
Sec. 3. Director means the director of the department.
Sec. 4. Using agency means an agency of the state which has a function requiring the use of equipment.
Sec. 5. 1. The department of data processing is hereby created.
2. The department consists of the director and the following divisions:
(a) Division of systems and programming.
(b) Division of facility management.
(c) Division of planning and research.
Sec. 6. 1. The governor shall appoint the director in the unclassified service of the state pursuant to chapter 284 of NRS. In selecting the director, the governor shall consider recommendations of the personnel division of the department of administration relating to minimum qualifications.
2. The director:
(a) Serves at the pleasure of the governor and is responsible to him.
(b) Is entitled to reimbursement for travel expenses and subsistence as provided by law for state officers and employees.
(c) Shall not engage in any other gainful employment or occupation.
Sec. 7. 1. The director shall:
(a) Appoint the chiefs of the divisions in the unclassified service of the state;
(b) Administer the provisions of this chapter and other provisions of law relating to the duties of the department; and
(c) Carry out other duties and exercise other powers specified by law.
2. The director may form committees to establish standards and determine criteria for evaluation of policies relating to informational services.
Sec. 8. NRS 242.020 is hereby amended to read as follows:
242.020 1. The legislature hereby determines and declares that the creation of the department of data processing is necessary for the coordinated, orderly and economical processing of data in state government, to insure economical use of equipment and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.
2. The purposes of the [division] department are:
[1. To provide data processing service] (a) To perform data processing for state agencies.
κ1981 Statutes of Nevada, Page 1144 (CHAPTER 542, AB 65)κ
[2.] (b) To provide technical advice but not administrative control of data processing within the several state agencies, county agencies and the governing bodies and agencies of incorporated cities and towns.
Sec. 9. NRS 242.030 is hereby amended to read as follows:
242.030 1. [The provisions of NRS 242.010 to 242.060, inclusive, do not apply to the department of transportation, the department of motor vehicles, the state controller, the University of Nevada System, the legislative counsel bureau, the Nevada industrial commission and the employment security department, but subject to the provisions of NRS 242.010 to 242.060, inclusive, those departments, officers and agencies may utilize the services of the division.
2.] The [division] department shall provide state agencies and elected state officers with all of their required design of systems, programming and [automatic data processing equipment services.
3.] use of equipment for data processing, and all agencies and officers must use those services and equipment, except as provided in subsection 2.
2. The following agencies may negotiate with the department for its services or the use of its equipment, subject to the provisions of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:
(a) Court administrator;
(b) Department of motor vehicles;
(c) Department of transportation;
(d) Employment security department;
(e) Legislative counsel bureau;
(f) Nevada industrial commission;
(g) State controller;
(h) State gaming control board and Nevada gaming commission; and
(i) University of Nevada System.
3. Any state agency or elected state officer who uses the services of the department and desires to withdraw substantially from that use must apply to the director for approval. The application must set forth justification for the withdrawal. If the director denies the application, the agency or officer must:
(a) If the legislature is in regular or special session, obtain the approval of the legislature by concurrent resolution.
(b) If the legislature is not in regular or special session, obtain the approval of the interim finance committee. The director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the interim finance committee. The interim finance committee has 45 days after the application and recommendation are submitted to its secretary within which to consider the application. Any application which is not considered by the committee within the 45-day period shall be deemed approved.
4. If the demand for services [is in excess of] or use of equipment exceeds the capability of the [division] department to provide [services,] them, the [division] department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.
Sec. 10. NRS 242.040 is hereby amended to read as follows:
242.040 To facilitate the economical processing of data throughout the state government, the [division] department may provide service for agencies not under the control of the governor, upon the request of any such agency.
κ1981 Statutes of Nevada, Page 1145 (CHAPTER 542, AB 65)κ
the state government, the [division] department may provide service for agencies not under the control of the governor, upon the request of any such agency. If there are sufficient resources available to the department, it may provide services to counties, cities and towns and to their agencies.
Sec. 11. NRS 242.050 is hereby amended to read as follows:
242.050 [Subject to the approval of the director of the department of general services, the chief of the division] The director shall adopt regulations necessary for the administration of [NRS 242.010 to 242.060, inclusive. Such regulations] this chapter, including:
1. The policy for data processing of the state agencies and elected state officers which use the departments services or equipment as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of data processing equipment, in order that the data processing needs of state agencies and officers may be met at the least cost to the state;
2. The departments procedures in performing data processing, which may include provision for the performance, by any agency which uses the services or equipment of the [division,] department, of preliminary [input] procedures, such as data recording and verification, within [such] the agency [.] ;
3. The effective administration of the division of facility management, including security to prevent unauthorized access to data and plans for the recovery of systems and applications after they have been disrupted; and
4. Specifications and standards for the employment of all personnel of the department.
Sec. 12. NRS 242.060 is hereby amended to read as follows:
242.060 1. The [central data processing] informational service fund is hereby created as an internal service fund. Money from the fund must be paid out on claims as other claims against the state are paid. The claims must be made in accordance with budget allotments and are subject to preaudit examination and approval.
2. All operating, maintenance, rental, repair and replacement costs of equipment and all salaries of personnel assigned to the [division,] department, except such costs and salaries as are payable from the informational facility fund, must be paid from the informational service fund.
3. Each agency using the services of the division, except the services of the division of facility management shall pay a fee for that use [,] to the informational service fund, which must be set by the [chief of the division] director in such amount as to reimburse the [division] department for the entire cost of providing those services, including overhead. Each using agency shall budget for those services. All fees, proceeds from the sale of equipment, and other money received by the [division] department must be deposited with the state treasurer for credit to the appropriate fund.
Sec. 13. NRS 242.100 is hereby amended to read as follows:
242.100 As used in [NRS 242.100 to 242.370, inclusive,] this chapter, unless the context otherwise requires, the words and terms defined in NRS 242.120 to [242.170,] 242.160, inclusive, and sections 2 to 4, inclusive, of this act, have the meanings ascribed to them in [such] those sections.
Sec. 14. NRS 242.120 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1146 (CHAPTER 542, AB 65)κ
242.120 [Commission] Committee means the advisory committee for data processing. [commission.]
Sec. 15. NRS 242.140 is hereby amended to read as follows:
242.140 Equipment means any machine or device designed for the automatic handling of coded information, including but not limited to recording, storage, transmission and retrieval.
Sec. 16. NRS 242.190 is hereby amended to read as follows:
242.190 1. There is hereby created [a] an advisory committee for data processing [commission] whose members [consist of:
(a) The state controller, who shall act as chairman;
(b) The director of the department of motor vehicles;
(c) The director of the department of administration;
(d) The director of the department of transportation;
(e) If the employment security department has services furnished by the computer facility, the executive director of the employment security department;
(f) If the Nevada industrial commission has services furnished by the computer facility, the chairman of the Nevada industrial commission;
(g) If the legislative counsel bureau has services furnished by the computer facility, the director of the legislative counsel bureau or his designated representative; and
(h) If the court system has services furnished by the computer facility, the court administrator or his designated representative.] are:
(a) The director;
(b) Three other directors of departments of the state government selected by the governor;
(c) Two other members who are not public officers or employees, appointed by the governor; and
(d) One member appointed by the majority floor leader of the senate from the membership of the senate standing committee on finance during the immediately preceding session of the legislature, and one member appointed by the speaker of the assembly from the membership of the assembly standing committee on ways and means during that session.
The governor shall appoint the chairman of the committee from among its members.
2. The [commission] committee shall meet as often as necessary but at least once every 3 months. Members of the [commission] committee who are officers or employees in the executive department of the state serve without additional compensation. [, but are] Members who are legislators or who are not public officers or employees are entitled to a salary of $80 for each day or part of a day spent on business of the committee. Each member is entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
3. The committee shall advise the director on matters relating to policies for data processing by elected officers of the state and state agencies, including:
(a) Standards for systems and programming; and
(b) Criteria for the selection, location and use of equipment for data processing,
so that needs for data processing of officers and agencies may be met at the least cost and with the use of the latest developments in the field of data processing.
κ1981 Statutes of Nevada, Page 1147 (CHAPTER 542, AB 65)κ
the least cost and with the use of the latest developments in the field of data processing.
Sec. 17. NRS 242.200 is hereby amended to read as follows:
242.200 The [commission shall:
1. Determine the data processing policy of the state as it relates, but is not limited, to such items as the location and selection of data processing equipment, utilization of such equipment, and service procedures.
2. Prescribe rules and regulations for the] director shall advise the using agencies regarding:
1. The policy for data processing of the state agencies and elected state officers who use services or equipment for data processing as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for the selection, location and use of data processing equipment in order that the data processing needs of state agencies and officers may be met at the least cost to the state;
2. The procedures in performing data processing;
3. The effective administration [of the computer facility.
3. Establish personnel practices and procedures and prescribe employment specifications and standards for all personnel of the computer facility.
4. Insure the most effective use of the computer facility.] and use of the computer facility, including security to prevent unauthorized access to data and plans for the recovery of systems and applications after they have been disrupted.
Sec. 18. NRS 242.230 is hereby amended to read as follows:
242.230 1. All [state-owned or state-leased] equipment of an [executive office, department, commission or agency shall] agency or elected state officer which is owned or leased by the state must be under the managerial control of the [commission, but the commission may, by regulation, permit a using agency to operate data processing equipment on its premises.] department, except the equipment of the agencies and officers specified in subsection 2 of NRS 242.030.
2. The department may permit an agency which is required to use such equipment to operate it on the agencys premises.
Sec. 19. NRS 242.270 is hereby amended to read as follows:
242.270 1. [Any using agency shall adhere to the various regulations, standards, practices, policies and conventions prescribed by the commission. The commission is not responsible for the application or program design, development or implementation of any using agency.
2. The commission] The department is responsible for the applications of data processing, for designing systems and placing them in operation, and for the writing, testing and performance of programs, for the state agencies and elected state officers which are required to use its services. The department is also responsible for those applications which it furnishes to state agencies and officers after negotiation.
2. The director shall review and approve [all proposed data processing applications] or disapprove, pursuant to standards for justifying cost, any application of data processing having an estimated developmental cost of $50,000 or more. No using agency [shall] may commence development work on any such applications until approval and authorization have been obtained from the [commission.] director.
κ1981 Statutes of Nevada, Page 1148 (CHAPTER 542, AB 65)κ
Sec. 20. NRS 242.280 is hereby amended to read as follows:
242.280 1. Any state agency or elected state officer which uses the equipment of the division of facility management shall adhere to the regulations, standards, practices, policies and conventions for the division prescribed by the director.
2. The [commission] division shall provide services to each [using] agency uniformly with respect to degree of service, priority of service, availability of service and cost of service.
Sec. 21. NRS 242.290 is hereby amended to read as follows:
242.290 1. Except as provided in subsection 3, the amount receivable from any [using] agency availing itself of the services of the [computer facility shall] department must be determined by the [manager] director in each case and [shall] include:
(a) The [monthly] annual expense, including depreciation, of operating and maintaining the [computer facility,] division of facility management, distributed among the [using] agencies in proportion to the services performed for [any using] each agency.
(b) [After July 1, 1971, a] A service charge in an amount determined by distributing the monthly installment for the construction costs of the computer facility among the [using] agencies in proportion to the services performed for [any using] each agency.
2. The [manager] director shall prepare and submit monthly to the [using] agencies for which services of the [computer facility] department have been performed an itemized statement of the amount receivable from each [using] agency.
3. The [commission] director may authorize, if in [its] his judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to [a using] an agency.
Sec. 22. NRS 242.300 is hereby amended to read as follows:
242.300 1. There is hereby created the [computer facilitys operating] informational facility fund as an internal service fund in the sum of $200,000 for the use of the [manager] director to operate and maintain the computer facility.
2. Upon closing the books for each fiscal year, to the extent that the fund balance exceeds $200,000, the excess portion reverts to the state general fund and the state highway fund in the same ratio to each other as that in which the appropriations were made.
Sec. 23. NRS 242.310 is hereby amended to read as follows:
242.310 All claims made pursuant to NRS [242.100 to 242.370,] 242.190 to 242.360, inclusive, [shall,] must, when approved by the [commission or its designee,] department, be audited and paid as other claims against the state are paid.
Sec. 24. NRS 242.320 is hereby amended to read as follows:
242.320 Upon the receipt of a statement submitted pursuant to subsection 2 of NRS 242.290, each [using] agency shall authorize the state controller by transfer or warrant to draw money from the [using] agencys account in the amount of the statement for transfer to or placement in the [computer facility operating] informational facility fund.
Sec. 25. NRS 242.350 is hereby amended to read as follows:
242.350 1. [Commencing July 1, 1973, and continuing until] Until the construction costs of $535,600 for the computer facility in Carson City, Nevada, have been paid, the [commission] director shall pay annually from the informational facility fund to the state treasurer for deposit in the state general fund [in the state treasury] 2 percent of the facilitys original acquisition cost.
κ1981 Statutes of Nevada, Page 1149 (CHAPTER 542, AB 65)κ
the construction costs of $535,600 for the computer facility in Carson City, Nevada, have been paid, the [commission] director shall pay annually from the informational facility fund to the state treasurer for deposit in the state general fund [in the state treasury] 2 percent of the facilitys original acquisition cost.
2. For any subsequent capital additions to the computer facility, the [commission] director shall pay annually from that fund to the state treasurer for deposit in the state general fund [in the state treasury] 2 percent of the original cost of such capital additions, until [such] this cost has been fully paid.
Sec. 26. NRS 242.360 is hereby amended to read as follows:
242.360 1. The [commission] director shall repay in annual installments from the informational facility fund to the state treasurer for deposit in the state general fund the cost of acquiring a computer and [an attached processor and associated] peripheral equipment at the computer facility.
2. Each installment [shall] must be equal to the annual depreciation charge [for:
(a) The computer at the computer facility, and the charge shall be not less than $159,120.
(b) The attached processor and associated equipment at the computer facility, and the charge shall be not less than $25,776.] , and must not be less than $350,801.
3. The depreciation charge [shall] must be calculated using the original cost of the computer [or the attached processor and associated] and peripheral equipment less any prior payments to the state general fund or the former computer acquisition sinking fund.
Sec. 27. NRS 232.170 is hereby amended to read as follows:
232.170 1. The department of general services is hereby created.
2. The department consists of a director and the following divisions:
(a) Buildings and grounds division.
(b) [Central data processing division.
(c)] Purchasing division.
[(d)] (c) State printing and records division.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
Sec. 28. NRS 242.010, 242.130, 242.150 to 242.180, inclusive, 242.240, 242.250, 242.260 and 242.370 are hereby repealed.
Sec. 29. Any state agency or elected state officer, except the state gaming control board or the Nevada gaming commission, who was required to use the equipment of the computer facility on June 30, 1981, must comply with the provisions of subsection 3 of NRS 242.030 before substantially withdrawing from that use.
Sec. 30. Sections 12 and 22 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 1150κ
Assembly Bill No. 140Assemblymen Rackley, Chaney, Bennett, Prengaman and Schofield
CHAPTER 543
AN ACT relating to chiropractic; providing for chiropractors assistants; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. A chiropractors assistant may perform such ancillary services relating to chiropractic as he is authorized to perform under the terms of a certificate issued to him by the board. Those services must be rendered under the supervision and control of a chiropractor.
Sec. 3. The board may issue a certificate to a properly qualified applicant to perform ancillary services relating to chiropractic, other than chiropractic adjustment, under the supervision of a chiropractor. The board shall specify the formal training, including at least 12 months of study or the equivalent, which such an applicant must have completed before the board awards him a certificate as a chiropractors assistant.
Sec. 4. No chiropractor may employ more than two chiropractors assistants at the same time.
Sec. 5. NRS 634.100 is hereby amended to read as follows:
634.100 1. An applicant for a license to practice chiropractic in the State of Nevada whether by examination or reciprocity, must pay to the secretary of the board a fee of $100.
2. An applicant taking the examination who receives a general average of not less than 75 percent in all subjects and who does not fall below the grade of 70 percent in any one subject is entitled to a license to practice chiropractic.
3. If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit must be given on this examination for all subjects previously passed with a grade of 75 percent or higher.
4. An applicant for a certificate as a chiropractors assistant shall pay to the secretary of the board a sum designated by the board, not to exceed $100, before the application may be considered.
________
κ1981 Statutes of Nevada, Page 1151κ
Assembly Bill No. 555Assemblyman Dini
CHAPTER 544
AN ACT relating to financial support of the public school system; permitting the granting of loans to school districts which have experienced unintentional delays in construction; permitting the use of that money for furnishing of schools; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 387.334 is hereby amended to read as follows:
387.334 1. In any school district in which:
(a) A major part of the school facilities in an area have been condemned or are about to be condemned; [or]
(b) The cost of construction of school facilities is high because the area in which they are needed is remote [,] ; or
(c) The proceeds of previous bond issues have become insufficient to finance approved building projects because of unintentional delays in bidding or construction,
and further debt would seriously impair the functions of other taxing entities in the county because the combined tax rate is at or near the limit, the school district is eligible for [financial assistance] a loan from the state for school construction [.] and furnishing.
2. A school district which is eligible for [assistance] a loan under this section may appy for it in a manner which the state board of education has specified by regulation. Each application must include:
(a) Details concerning the qualifications of the school district under subsection 1;
(b) The reasons for the construction and furnishing of the school facilities;
(c) An agreement on the part of the school district to submit all reasonable reports which the state board of education requires;
(d) A statement to the effect that existing school facilities are open to inspection by the state board of education or its authorized representatives;
(e) Evidence of existing indebtedness and a certificate from the county general obligation bond commission that further indebtedness on the part of the school district will create a serious financial hardship for other taxing entities in the county; [and]
(f) A financial statement prepared by a responsible financial consultant which certifies that the school district is unable to bear further indebtedness [.] ; and
(g) An agreement on the part of the school district to repay the loan, if granted, within the time and at the rate of interest required by this section.
3. The state board of education shall:
(a) Adopt regulations for the submission of applications for [assistance] loans under this section;
(b) Examine the proposed school facilities and furnishings for need and for their adequacy to serve the educational purposes for which they are intended; and
κ1981 Statutes of Nevada, Page 1152 (CHAPTER 544, AB 555)κ
(c) Study the application of the school district and make an appropriate recommendation to the interim finance committee.
4. The state public works board shall examine the plans and designs of the proposed school facilities to determine [if] whether they are functional, durable and reasonable in cost.
5. The legislature when it is in regular session may by concurrent resolution and the interim finance committee when the legislature is not in regular session may allocate money from the account for state [assistance] loans for school construction [,] and furnishing, which is hereby created in the state general fund, after reviewing the recommendation of the state board of education, the information accompanying the recommendation and any other information which it has at its disposal. The interim finance committee may not allocate an amount which is more than 40 percent of the construction cost of a proposed school facility to that facility [.] and the furnishings planned for it.
6. Any loan made pursuant to this section must be repaid within 5 years from the date of its approval by the legislature or the interim finance committee and must bear interest at the rate of 5 percent per annum.
Sec. 2. There is hereby appropriated from the state general fund to the account for state loans for school construction and furnishing the sum of $1,000,000 for the purpose of granting loans to school districts for the construction and furnishing of schools.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 580Committee on Commerce
CHAPTER 545
AN ACT relating to public utilities; providing for seasonal rates for interruptible electricity for irrigation pumps; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission shall by regulation require each public utility which furnishes electricity to provide lower rates for electricity for irrigation pumps under a schedule which:
1. Will be applied:
(a) From April 1 to October 31, inclusive; and
(b) If the customer concedes to the utility a right to interrupt services to the customers irrigation pumps under conditions established by the utility and approved by the commission.
2. Provides for a rate for interruptible service per kilowatt hour of electricity used. The rate must not exceed the lowest charge per kilowatt hour offered by the public utility under any of its rate schedules applicable to its residential, commercial or industrial customers in Nevada.
κ1981 Statutes of Nevada, Page 1153 (CHAPTER 545, AB 580)κ
to its residential, commercial or industrial customers in Nevada. No charges may be included for minimum billings or costs relating to standby, customers or demand.
Sec. 2. The commission shall require each public utility which supplies electricity to file a schedule of rates which provides for the reduction described in section 1 of this act no later than January 1, 1982.
Sec. 3. The provisions of this act do not apply to any cooperative association or nonprofit corporation or association which supplies electricity for the use of its own members.
________
Senate Bill No. 705Committee on Government Affairs
CHAPTER 546
AN ACT relating to public officers and employees; increasing salaries of elected county officers; removing the 95-percent limit upon salaries of certain officers and employees; prohibiting the private practice of law by district attorneys after January 1, 1983; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties [shall] must be paid into the county treasury each month without deduction of any nature.
κ1981 Statutes of Nevada, Page 1154 (CHAPTER 546, SB 705)κ
ANNUAL SALARIES
|
Class |
County |
County Commissioner |
|
District Attorney |
|
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
|
[1 |
Clark............. |
$19,200 |
$38,200 |
|
|
$37,500 |
$26,500 |
$26,500 |
$26,500 |
$26,500 |
|
2 |
Washoe....... |
10,800 |
36,800 |
|
|
31,500 |
25,300 |
25,300 |
25,300 |
25,300 |
|
3 |
Carson City. |
8,000 |
30,500 |
|
|
24,000 |
21,300 |
21,300 |
21,300 |
-------- |
|
|
Elko.............. |
7,260 |
30,500 |
|
|
21,500 |
19,600 |
19,600 |
19,600 |
19,600 |
|
|
Douglas....... |
7,260 |
30,500 |
|
|
21,500 |
19,600 |
19,600 |
19,600 |
-------- |
|
4 |
Lyon............ |
6,600 |
25,000 |
$19,800* |
|
18,000 |
16,700 |
16,700 |
16,700 |
-------- |
|
|
Mineral........ |
6,600 |
25,000 |
19,800* |
|
18,000 |
16,700 |
16,700 |
16,700 |
-------- |
|
|
Nye.............. |
6,600 |
25,000 |
19,800* |
|
19,200 |
16,700 |
16,700 |
16,700 |
16,700 |
|
|
White Pine.. |
6,600 |
25,000 |
19,800* |
|
18,000 |
16,700 |
16,700 |
16,700 |
16,700 |
|
|
Churchill...... |
6,600 |
25,000 |
19,800* |
|
17,400 |
16,700 |
16,700 |
16,700 |
-------- |
|
|
Humboldt.... |
6,600 |
25,000 |
19,800* |
|
17,400 |
16,700 |
16,700 |
16,700 |
16,700 |
|
|
Pershing...... |
6,600 |
25,000 |
19,800* |
|
17,400 |
16,700 |
16,700 |
16,700 |
-------- |
|
5 |
Lincoln........ |
4,950 |
22,000 |
16,800* |
$11,880** |
14,400 |
13,000 |
13,000 |
13,000 |
13,000 |
|
|
Storey.......... |
4,950 |
22,000 |
16,800* |
11,880** |
14,400 |
13,000 |
13,000 |
13,000 |
-------- |
|
|
Eureka.......... |
4,950 |
22,000 |
16,800* |
11,880** |
13,000 |
13,000 |
13,000 |
13,000 |
-------- |
|
|
Lander......... |
4,950 |
22,000 |
16,800* |
11,880** |
14,400 |
13,000 |
13,000 |
13,000 |
13,000 |
|
|
Esmeralda.... |
4,950 |
22,000 |
16,880* |
11,880** |
13,000 |
13,000 |
13,000 |
13,000 |
--------] |
κ1981 Statutes of Nevada, Page 1155 (CHAPTER 546, SB 705)κ
ANNUAL SALARIES
|
Class |
County |
County Commissioner |
|
District Attorney |
|
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
|
1 |
Clark........... |
$19,200 |
$43,950 |
|
|
$43,150 |
$30,500 |
$30,500 |
$30,500 |
$30,500 |
|
2 |
Washoe........ |
10,800 |
42,300 |
|
|
36,250 |
29,100 |
29,100 |
29,100 |
29,100 |
|
3 |
Carson City |
8,000 |
35,100 |
|
|
27,600 |
24,500 |
24,500 |
24,500 |
-------- |
|
|
Elko............. |
7,260 |
35,100 |
|
|
24,750 |
22,550 |
22,550 |
22,550 |
22,550 |
|
|
Douglas....... |
7,260 |
35,100 |
|
|
24,750 |
22,550 |
22,550 |
22,550 |
-------- |
|
4 |
Lyon............. |
6,600 |
28,750 |
$22,750* |
|
20,700 |
19,200 |
19,200 |
19,200 |
-------- |
|
|
Mineral....... |
6,600 |
28,750 |
22,750* |
|
20,700 |
19,200 |
19,200 |
19,200 |
-------- |
|
|
Nye............... |
6,600 |
28,750 |
22,750* |
|
22,100 |
19,200 |
19,200 |
19,200 |
19,200 |
|
|
White Pine.. |
6,600 |
28,750 |
22,750* |
|
20,700 |
19,200 |
19,200 |
19,200 |
19,200 |
|
|
Churchill.... |
6,600 |
28,750 |
22,750* |
|
20,000 |
19,200 |
19,200 |
19,200 |
-------- |
|
|
Humboldt.... |
6,600 |
28,750 |
22,750* |
|
20,000 |
19,200 |
19,200 |
19,200 |
19,200 |
|
|
Pershing...... |
6,600 |
28,750 |
22,750* |
|
20,000 |
19,200 |
19,200 |
19,200 |
-------- |
|
5 |
Lincoln........ |
4,950 |
25,300 |
19,300* |
$13,650** |
16,550 |
14,950 |
14,950 |
14,950 |
14,950 |
|
|
Storey.......... |
4,950 |
25,300 |
19,300* |
13,650** |
16,550 |
14,950 |
14,950 |
14,950 |
-------- |
|
|
Eureka......... |
4,950 |
25,300 |
19,300* |
13,650** |
14,950 |
14,950 |
14,950 |
14,950 |
-------- |
|
|
Lander......... |
4,950 |
25,300 |
19,300* |
13,650** |
16,550 |
14,950 |
14,950 |
14,950 |
14,950 |
|
|
Esmeralda... |
4,950 |
25,300 |
19,400* |
13,650** |
14,950 |
14,950 |
14,950 |
14,950 |
-------- |
*Applies if the district attorney is allowed private practice of law as determined by the board of county commissioners.
**Applies if the district attorney is not a resident of the county and does not reside within 10 miles of the boundary of the county.
κ1981 Statutes of Nevada, Page 1156 (CHAPTER 546, SB 705)κ
Sec. 2. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1981 Statutes of Nevada, Page 1157 (CHAPTER 546, SB 705)κ
ANNUAL SALARIES
|
Class |
County |
County Commissioner |
|
District Attorney |
|
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
|
[1 |
Clark.............. |
$19,200 |
$43,950 |
|
|
$43,150 |
$30,500 |
$30,500 |
$30,500 |
$30,500 |
|
2 |
Washoe........ |
10,800 |
42,300 |
|
|
36,250 |
29,100 |
29,100 |
29,100 |
29,100 |
|
3 |
Carson City.. |
8,000 |
35,100 |
|
|
27,600 |
24,500 |
24,500 |
24,500 |
-------- |
|
|
Elko............... |
7,260 |
35,100 |
|
|
24,750 |
22,550 |
22,550 |
22,550 |
22,550 |
|
|
Douglas........ |
7,260 |
35,100 |
|
|
24,750 |
22,550 |
22,550 |
22,550 |
-------- |
|
4 |
Lyon.............. |
6,600 |
28,750 |
$22,750* |
|
20,700 |
19,200 |
19,200 |
19,200 |
-------- |
|
|
Mineral......... |
6,600 |
28,750 |
22,750* |
|
20,700 |
19,200 |
19,200 |
19,200 |
-------- |
|
|
Nye................ |
6,600 |
28,750 |
22,750* |
|
22,100 |
19,200 |
19,200 |
19,200 |
19,200 |
|
|
White Pine... |
6,600 |
28,750 |
22,750* |
|
20,700 |
19,200 |
19,200 |
19,200 |
19,200 |
|
|
Churchill....... |
6,600 |
28,750 |
22,750* |
|
20,000 |
19,200 |
19,200 |
19,200 |
-------- |
|
|
Humboldt..... |
6,600 |
28,750 |
22,750* |
|
20,000 |
19,200 |
19,200 |
19,200 |
19,200 |
|
|
Pershing....... |
6,600 |
28,750 |
22,750* |
|
20,000 |
19,200 |
19,200 |
19,200 |
-------- |
|
5 |
Lincoln.......... |
4,950 |
25,300 |
19,300* |
$13,650** |
16,550 |
14,950 |
14,950 |
14,950 |
14,950 |
|
|
Storey........... |
4,950 |
25,300 |
19,300* |
13,650** |
16,550 |
14,950 |
14,950 |
14,950 |
-------- |
|
|
Eureka........... |
4,950 |
25,300 |
19,300* |
13,650** |
14,950 |
14,950 |
14,950 |
14,950 |
-------- |
|
|
Lander........... |
4,950 |
25,300 |
19,300* |
13,650** |
16,550 |
14,950 |
14,950 |
14,950 |
14,950 |
|
|
Esmeralda..... |
4,950 |
25,300 |
19,400* |
13,650** |
14,950 |
14,950 |
14,950 |
14,950 |
-------- |
*Applies if the district attorney is allowed private practice of law as determined by the board of county commissioner.
**Applies if the district attorney is not a resident of the county and does not reside within 10 miles of the boundary of the county.]
κ1981 Statutes of Nevada, Page 1158 (CHAPTER 546, SB 705)κ
ANNUAL SALARIES
|
Class |
County |
County Commissioner |
|
District Attorney |
|
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
|
1 |
Clark.............. |
$25,000 |
|
49,500 |
|
$48,000 |
$37,000 |
$37,000 |
$37,000 |
$37,000 |
|
2 |
Washoe.......... |
17,000 |
|
47,000 |
|
42,000 |
36,000 |
36,000 |
36,000 |
36,000 |
|
3 |
Carson City.. |
11,000 |
|
38,000 |
|
33,500 |
30,000 |
30,000 |
30,000 |
-------- |
|
|
Churchill....... |
9,000 |
|
36,000 |
|
27,500 |
24,000 |
24,000 |
24,000 |
-------- |
|
|
Douglas......... |
10,000 |
|
38,000 |
|
33,500 |
30,000 |
30,000 |
30,000 |
-------- |
|
|
Elko................ |
10,000 |
|
38,000 |
|
29,600 |
27,000 |
27,000 |
27,000 |
27,000 |
|
|
Humboldt...... |
9,000 |
|
36,000 |
|
27,500 |
24,000 |
24,000 |
24,000 |
24,000 |
|
|
Lyon............... |
9,000 |
|
36,000 |
|
27,500 |
24,000 |
24,000 |
24,000 |
-------- |
|
|
Nye................. |
9,000 |
|
36,000 |
|
27,500 |
24,000 |
24,000 |
24,000 |
24,000 |
|
|
White Pine..... |
9,000 |
|
36,000 |
|
27,500 |
24,000 |
24,000 |
24,000 |
24,000 |
|
4 |
Lander........... |
8,400 |
|
33,500 |
|
24,000 |
21,000 |
21,000 |
21,000 |
21,000 |
|
|
Lincoln.......... |
8,400 |
|
33,500 |
|
24,000 |
21,000 |
21,000 |
21,000 |
21,000 |
|
|
Mineral.......... |
8,400 |
|
33,500 |
|
24,000 |
21,000 |
21,000 |
21,000 |
-------- |
|
|
Pershing........ |
8,400 |
|
33,500 |
|
25,000 |
21,000 |
21,000 |
21,000 |
-------- |
|
5 |
Esmeralda..... |
7,200 |
|
27,500 |
|
20,000 |
18,000 |
18,000 |
18,000 |
-------- |
|
|
Eureka........... |
7,200 |
|
27,500 |
|
20,000 |
18,000 |
18,000 |
18,000 |
-------- |
|
|
Storey............. |
7,200 |
|
27,500 |
|
20,000 |
18,000 |
18,000 |
18,000 |
-------- |
κ1981 Statutes of Nevada, Page 1159 (CHAPTER 546, SB 705)κ
Sec. 3. NRS 245.0435 is hereby amended to read as follows:
245.0435 1. [The district attorneys in counties of classes 1 to 3, inclusive, as classified in the table of annual salaries, are prohibited from engaging] A district attorney shall not engage in the private practice of law.
2. [The board of county commissioners of each county in classes 4 and 5, shall determine, in advance of each 4-year term of the district attorney, whether or not he may engage in the private practice of law, and his salary is based upon that determination before May 1 of each year in which the election of the district attorney is to be held.
3.] As used in this section, private practice of law by a district attorney means the performance of legal service, for compensation, for any person or organization except his county and any other governmental agency which he has a statutory duty to serve.
Sec. 4. NRS 281.123 is hereby amended to read as follows:
281.123 1. Except as provided in subsections 2 and 3 of this section and in NRS 281.1233, [and 281.1235,] or authorized by statute referring specially to that position, the salary of a person employed by the [State of Nevada, any political subdivision of the] state or any agency of the state must not exceed 95 percent of the salary for the office of governor during the same period.
2. The provisions of subsection 1 do not operate to reduce the salary which any public employee was receiving on June 30, 1975.
3. The provisions of subsection 1 do not apply to the salaries of dentists and physicians employed full time by the state.
Sec. 5. NRS 245.047 and 281.1235 are hereby repealed.
Sec. 6. 1. Section 2 of chapter 97, Statutes of Nevada 1979, at page 155, is hereby repealed.
2. NRS 252.045 is hereby repealed.
Sec. 7. Sections 2, 3 and 6 of this act shall become effective on January 1, 1983.
________
Senate Bill No. 129Committee on Commerce and Labor
CHAPTER 547
AN ACT relating to divisions of land; making certain revisions concerning certificates required on maps; relaxing the requirements for small condominiums; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.375 is hereby amended to read as follows:
278.375 A final map presented for filing must include a certificate of the surveyor responsible for the survey. The certificate must be in the following form:
κ1981 Statutes of Nevada, Page 1160 (CHAPTER 547, SB 129)κ
SURVEYORS CERTIFICATE
I, ................................................, a Registered Land Surveyor
(Name of Surveyor)
in the State of Nevada, certify that:
1. This is a true and accurate representation of the lands surveyed under my supervision at the instance of .......................................................
......................................................................................... .
(Owner, Trustee, Etc.)
2. The lands surveyed lie within..........................................................
(Section(s), Township, Range, Meridian and, if required by the governing body, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less)
and the survey was completed on ............................................... .
(date)
3. This plat complies with the applicable state statutes and any local ordinances.
4. The monuments are of the character shown and occupy the positions indicated.
(OR)
4. The monuments will be of the character shown and occupy the positions indicated by ......................................................................................
(a day certain)
and that an appropriate performance bond has been or will be posted with the Governing Body to assure their installation.
......................................... .............................................................
date Name of Surveyor,
Registration Number and Seal
Sec. 2. NRS 278.490 is hereby amended to read as follows:
278.490 1. Any owner or governing body desiring to revert or abandon any subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to abandon [any such] the map or portion thereof shall submit a written application accompanied by a map of the proposed abandonment or reversion to the governing body for approval. The application shall describe the requested changes.
2. The map [shall] need only contain the appropriate certificates required by NRS 278.374 to 278.378, inclusive, for the original division of the land, and [shall] must be presented to the governing body for approval. If the map includes the abandonment of any public street or easement, the provisions of NRS 278.480 [shall] must be followed [prior to] before the approval of the map.
3. Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of abandonment of a former map or for reversion of any land division to acreage.
4. Upon approval of the map of reversion or abandonment, it [shall] must be recorded by the governing body in the office of the county recorder and the county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording.
κ1981 Statutes of Nevada, Page 1161 (CHAPTER 547, SB 129)κ
must be recorded by the governing body in the office of the county recorder and the county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording.
Sec. 3. NRS 117.027 is hereby amended to read as follows:
117.027 1. At the time any [condominium] map or plan for a condominium project consisting of five or more units is presented to the county recorder for recording the following certificates must be presented to be recorded immediately before the map or plan:
(a) A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign the map or plan.
(b) A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
[(c)] 2. At the time a final map for a condominium project consisting of five or more units is presented to the county recorder for recording, the following certificates must also be presented to be recorded immediately before the final map:
(a) A certificate from [:
(1) The] the health division of the department of human resources, or the local agency acting pursuant to NRS 278.335, showing that the map or plan is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The health division or local agency may not issue a certificate unless it has received written verification from the division of environmental protection of the state department of conservation and natural resources that the map or plan has been approved with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law.
[(2) The] (b) A certificate from the division of water resources of the state department of conservation and natural resources, showing that the map or plan is approved concerning water quantity.
(c) Any other certificates which may be required by local ordinance.
[2.] 3. Any person aggrieved by the issuance or denial of approval with regard to water pollution and sewage disposal by the division of environmental protection of the state department of conservation and natural resources may appeal to the state environmental commission, which shall affirm, modify or reverse the action of the division. The commission shall adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the commission.
[3.] 4. A copy of the certificate from the division of water resources required by paragraph [(c) of subsection 1] (b) of subsection 2 must be furnished to the condominium subdivider who in turn shall provide a copy of [such] the certificate to each purchaser of a condominium unit before the time the sale is completed. A statement of approval as required in [paragraph (c) of subsection 1] subsection 2 is not a warranty or representation in favor of any person as to the safety or quantity of [such] that water.
κ1981 Statutes of Nevada, Page 1162 (CHAPTER 547, SB 129)κ
Sec 4. NRS 117.120 is hereby amended to read as follows:
117.120 1. A condominium project consisting of five or more units shall be deemed to be a subdivision of land within the meaning of NRS 278.320, but [only] need only comply with NRS 278.326, 278.335, 278.340, 278.346, 278.349, 278.350, 278.360, subsections 1 and 2 of NRS 278.371, NRS 278.372 except for subsection 6, NRS 278.373, 278.390, 278.450, 278.460, 278.473 to 278.477, inclusive, 278.480 and 278.490. [apply to such condominium projects.]
2. A condominium project consisting of four units or less shall be deemed to be a division of land within the meaning of NRS 278.461, but [only] need only comply with NRS 278.371, 278.373 to 278.378, inclusive, 278.461, 278.462 and 278.464. [apply to such condominium projects.]
3. Tentative or final maps or parcel maps required to be prepared and recorded by any of the statutory sections listed in subsections 1 and 2 of this section [shall] must conform with the requirements of NRS 117.020. The sections of NRS listed in subsections 1 and 2 of this section and all other sections of NRS which are applicable to condominiums or condominium projects [shall] must be liberally construed to avoid unreasonable and unduly technical application of [such] these sections to condominiums and condominium projects, and to encourage the establishment of condominiums and condominium projects in Nevada.
________
Assembly Bill No. 596Committee on Judiciary
CHAPTER 548
AN ACT relating to abortion; revising the requirements for consent and notice; providing penalties; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. No physician may perform an abortion in this state unless, before he performs it, he certifies in writing that the woman gave her informed written consent, freely and without coercion, after the attending physician informed her of the matters required by section 3 of this act not more than 30 days and not less than 24 hours before her consent to the abortion, unless in the judgment of the physician the abortion is necessary to avert an imminent peril to the life of the woman. The physician shall further certify in writing the pregnant womans marital status and age based upon proof of age offered by her. The fact that the woman was informed within the time required by this section is not prima facie evidence of informed consent.
Sec. 3. 1. The attending physician shall accurately and in a manner which is reasonably likely to be understood by the pregnant woman:
κ1981 Statutes of Nevada, Page 1163 (CHAPTER 548, AB 596)κ
(a) Explain that, in his professional judgment, she is pregnant and a copy of her pregnancy test is available to her.
(b) Inform her of the number of weeks which have elapsed from the probable time of conception.
(c) Explain any known immediate and long-term physical or psychological dangers resulting from abortion including an increase in the incidence of premature births, tubal pregnancies and stillbirths.
(d) Explain the general nature and the extent of the particular risks associated with her pregnancy.
(e) Describe the medical procedure to be used.
(f) Present any alternatives to abortion including a list of public and private agencies that provide pregnant women with economic and other assistance and the services provided by each agency.
(g) Explain that if the child aborted is alive, the physician has a legal obligation to take all reasonable steps to preserve the life and health of the child.
(h) Present any other material facts which, in his professional judgment, are necessary to allow the woman to give her informed consent.
2. If the woman does not understand English, the form indicating consent must be written in a language understood by her, or the attending physician shall certify on the form that the information required to be given has been presented in such a manner as to be understandable by her. If an interpreter is used, the interpreter must be named and reference to this use must be made on the form for consent.
Sec. 4. 1. If the pregnant woman is married, the physician may not perform or induce an abortion unless he gives notice to her husband of his intention to do so at least 24 hours before the abortion if it is possible to do so.
2. No notice need be given to the husband if the woman seeking the abortion is legally separated from her husband or has secured a judicial declaration of paternity stating that a man other than her husband is the father of the unborn child.
Sec. 5. A person shall not knowingly perform an abortion upon an unmarried and unemancipated woman who is under the age of 18 years unless he notifies a parent or guardian of the woman at least 24 hours before the abortion, if it is possible to notify the parent or guardian.
Sec. 6. A physician who performs an abortion shall maintain a record of it for at least 5 years after it is performed. The record must contain:
1. The written consent of the woman;
2. A statement of the information which was provided to the woman pursuant to section 3 of this act; and
3. A description of efforts to give any notice required by section 4 or 5 of this act.
Sec. 7. Any person who violates any provision of sections 2 to 6, inclusive, of this act is guilty of a misdemeanor.
Sec. 8. NRS 442.240 is hereby amended to read as follows:
442.240 As used in NRS 442.250 [,] and in sections 2 to 7, inclusive, of this act, unless the context requires otherwise, abortion means the termination of a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
κ1981 Statutes of Nevada, Page 1164 (CHAPTER 548, AB 596)κ
Sec. 9. NRS 442.250 is hereby amended to read as follows:
442.250 1. No abortion may be performed in this state unless [such] the abortion is performed:
(a) By a physician licensed to practice in this state or by a physician in the employ of the government of the United States who:
(1) Exercises his best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and
(2) Performs [such] the abortion in a manner consistent with accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of the pregnancy.
(c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.
2. All abortions [shall] must be performed in a hospital or other health and care facility licensed under chapter 449 of NRS.
3. [Abortions performed within 24 weeks after the commencement of the pregnancy shall be pursuant to the prior written consent of the pregnant woman if she is 18 years of age or older. If she is under 18 years of age such abortions shall be pursuant to the prior written consent of a parent or person in loco parentis, unless she is married or otherwise emancipated. If she is married, the prior written consent of her husband shall also be given, unless she is living separate and apart from her husband.
4.] Before performing an abortion, the physician shall enter in the permanent records of the patient the facts on which he based his best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother.
Sec. 10. NRS 129.030 is hereby amended to read as follows:
129.030 1. A minor may give consent for the [health care] services provided in subsection 2 for himself or for his child, if he is:
(a) Living [separate and] apart from his parents or legal guardian, with or without the consent of [such] the parent, parents or legal guardian, and has so lived for a period of at least 4 months;
(b) Married or has been married;
(c) A mother, or has borne a child; or
(d) In a physicians judgment, in danger of suffering a serious health hazard if health care services are not provided.
2. Except as otherwise provided in [NRS 442.250 and] subsection 4, [of this section,] the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.
3. A person who treats a minor pursuant to subsection 2 shall, [prior to] before initiating treatment, make prudent and reasonable efforts to obtain his consent to communicate with his parent, parents or legal guardian, and shall make a note of such efforts in the [health care] record [.]
κ1981 Statutes of Nevada, Page 1165 (CHAPTER 548, AB 596)κ
efforts to obtain his consent to communicate with his parent, parents or legal guardian, and shall make a note of such efforts in the [health care] record [.] of his care. If [such] the person believes that such efforts would jeopardize treatment necessary to [such] the minors life or necessary to avoid a serious and immediate threat to [such] the minors health, [such] the person may omit such efforts and note the reasons for [such] the omission in the [health care] record.
4. A minor may not consent to his sterilization.
5. In the absence of negligence, no person providing [health care] services pursuant to subsection 2 is subject to civil or criminal liability for providing [such] those services.
6. The parent, parents or legal guardian of a minor who receives [health care] services pursuant to subsection 2 are not liable for the payment for [such health care] those services unless [such] the parent, parents, or legal guardian has consented to such health care services. The provisions of this subsection do not relieve a parent, parents or legal guardian from liability for payment for emergency [health care] services provided to a minor pursuant to NRS 129.040.
________
Assembly Bill No. 375Assemblyman Banner
CHAPTER 549
AN ACT relating to industrial insurance; making certain administrative changes relating to self-insured employers; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.325 is hereby amended to read as follows:
616.325 1. [Every] Except as provided in subsection 2, every employer shall furnish the commission, upon request, all information required by the commission to carry out the purposes of this chapter. The commission, or a commissioner, or any person employed by the commission for that purpose, [shall have the right to] may examine, under oath, any employer or officer, agent or employee thereof.
2. [It shall be the duty of insured employers to] Every self-insured employer shall furnish the commissioner of insurance, upon request, all information required by the commissioner of insurance to carry out the purposes of this chapter. The commissioner of insurance or any person employed by him for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.
3. Every insured employer shall keep on hand constantly a sufficient supply of blank forms furnished by the commission [.] or the commissioner of insurance if the employer is self-insured.
Sec. 2. NRS 616.340 is hereby amended to read as follows:
616.340 1. [It is the duty of every] Every employer within the provisions of this chapter, shall, immediately upon the occurrence of an injury to any of his employees, [to] render to the injured employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation.
κ1981 Statutes of Nevada, Page 1166 (CHAPTER 549, AB 375)κ
injury to any of his employees, [to] render to the injured employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation.
2. [The employer] Each such employer who is not self-insured or his agent shall within 6 working days following receipt of knowledge of an injury to an employee, notify the commission in writing of the accident.
3. The commission may pay the costs of rendering such necessary first aid and transportation of the injured employee of an employer who is not self-insured, to the nearest place of proper treatment if the employer fails or refuses to pay the costs. The commission may charge to and collect from the employer, as reimbursement, the amount of the costs incurred by the commission in providing such first aid and transportation services to the injured employee.
4. Any employer who fails to comply with the provisions of subsection 2 may be fined not more than $250 for each such failure.
Sec. 3. NRS 616.342 is hereby amended to read as follows:
616.342 1. The commission and the commissioner of insurance, jointly, may appoint physicians who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Physicians so appointed [shall be known as] constitute a panel of physicians, and every employer shall maintain a list of those panel physicians who are reasonably accessible to his employees.
2. An injured employee may choose his treating physician from the panel of physicians. If the injured employee is not satisfied with the first physician he so chooses, he may make an alternative choice of physician from the panel if the choice is made within 45 days after his injury. [, any] Any further change is subject to the approval of the commission or the self-insured employer.
3. Except when emergency medical care is required and except as provided in NRS 616.502, the commission or any self-insured employer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employees injury attributable to improper treatments by such physician or other person.
4. The commission and the commissioner of insurance, jointly, may [, from time to time,] order necessary changes in a panel of physicians, and may suspend or remove any physician from a panel of physicians.
Sec. 4. NRS 616.345 is hereby amended to read as follows:
616.345 1. Every employer within the provisions of this chapter, and every physician [and surgeon] who attends an injured employee within the provisions of this chapter, shall file with the commission, [under rules and regulations as the commission may from time to time make,] or with the commissioner of insurance if the employer is self-insured, a full [and complete] report of every known injury to [an] the employee arising out of and in the course of his employment and resulting in loss of life or injury to the person.
2. Reports [shall] must be furnished to the commission [in form and detail as the commission may from time to time prescribe, and shall] or the commissioner of insurance in the form prescribed and must contain special answers to all questions required by the [commission under its rules and regulations.]
κ1981 Statutes of Nevada, Page 1167 (CHAPTER 549, AB 375)κ
contain special answers to all questions required by the [commission under its rules and regulations.] regulations of the commission or the commissioner of insurance.
Sec. 5. NRS 616.353 is hereby amended to read as follows:
616.353 1. The commission shall not authorize the payment of any [moneys] money to a physician [and surgeon] for professional services rendered by him in attending an injured employee until [and unless] an itemized statement for [such professional] the services has been received by the commission accompanied by a certificate of the physician [and surgeon] stating that a duplicate of [such] the itemized statement has been mailed or personally delivered to the employer of the injured employee.
2. A self-insured employer shall not authorize the payment of any money to a physician for professional services rendered by him in attending an injured employee until the employer receives an itemized statement for the services.
Sec. 6. NRS 616.360 is hereby amended to read as follows:
616.360 1. Whenever any accident occurs to any employee, [it shall be the duty of the employee forthwith to] he shall forthwith report the accident and the injury resulting therefrom to [the] his employer.
2. [Whether knowledge of the same comes to the attention of the employer by the report or otherwise, the employer may at once designate and authorize in writing a physician who shall be permitted by the employee or any person or persons in charge of the employee to make one examination of the injured employee in order to ascertain the character and extent of the injury and to render medical attention as may be required immediately.] When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer may furnish the names, addresses and telephone numbers of one or more physicians, but may not require the employee to select any particular physician. Thereupon, [it shall be the duty of] the examining physician [so designated to] shall report forthwith to the employer and to the commission the character and extent of the injury.
3. Further medical attention, except as otherwise provided in NRS 616.415, [shall be subject to authorization of and approval] must be authorized by the commission [.] or the employer, if the employer is self-insured.
4. This section does not prohibit an employer from requiring the employee to submit to an examination by a physician specified by the employer at any convenient time after medical attention which is required immediately has been completed.
Sec. 7. NRS 616.365 is hereby amended to read as follows:
616.365 If the [happening of the accident or the infliction of the injury to the employee shall not have been] accident and injury are not reported by the employee or his physician forthwith, as described in this chapter [, and immediately after the happening of the accident and injury,] or if the injured employee or those in charge of him (the injured employee being a party to the refusal) [shall] refuse to permit the physician so designated to make an examination and to render medical attention as may be required immediately, no compensation [shall] may be paid for the injury claimed to result from the accident; but [it shall be within the discretion of] the commission [to] or the self-insured employer may relieve the injured person or his dependents from loss or forfeiture of compensation if the commission [shall be of the opinion,] or the self-insured employer, after investigation, finds that:
κ1981 Statutes of Nevada, Page 1168 (CHAPTER 549, AB 375)κ
paid for the injury claimed to result from the accident; but [it shall be within the discretion of] the commission [to] or the self-insured employer may relieve the injured person or his dependents from loss or forfeiture of compensation if the commission [shall be of the opinion,] or the self-insured employer, after investigation, finds that:
1. The circumstances attending the failure on the part of the employee, or of his physician, to report the accident and injury are such as to have excused the employee and his physician for the failure to so report; and
2. Relieving the employee or his dependents from the consequences of the failure to report will not result in an unwarrantable charge against the state insurance fund [.] or the self-insured employer.
Sec. 8. NRS 616.420 is hereby amended to read as follows:
616.420 1. If [it be shown or] the commission, or the commissioner of insurance if the employer is self-insured, finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616.415 for which he has made arrangements, the commission or the commissioner of insurance may, upon application of the employee, or upon its own motion, order a change of physicians or of any other accident benefit requirements. [, and if the]
2. If an employer, other than a self-insured employer, fails to comply promptly with [such] the order, the injured employee may elect to have accident benefits provided by or through the commission, in which event the cause of action of the injured employee against the employer or hospital association [shall] must be assigned to the commission for the benefit of the state insurance fund, and the commission shall furnish to the injured employee the accident benefits provided for in this chapter.
3. If the commissioner of insurance orders a change of physicians or of any other accident benefits, the cost of the change must be borne by the self-insured employer.
Sec. 9. NRS 616.502 is hereby amended to read as follows:
616.502 The commission or the self-insured employer may not deny responsibility under this chapter for any charges for treatment of the injuries or disease of an employee solely because the treatment was provided by a person licensed to practice chiropractic pursuant to chapter 634 of NRS who is not a member of the panel of physicians.
Sec. 10. NRS 616.520 is hereby amended to read as follows:
616.520 1. If an employee who has been hired or is regularly employed in this state, receives personal injury by accident arising out of and in the course of such employment outside of this state, he, or his dependents in case of his death, [shall be] are entitled to receive compensation according to the law of this state, and such compensation [shall] must be the exclusive remedy of [such] the employee or dependents.
2. The provisions of this section [shall] apply only to those injuries received by the employee within 6 months after leaving this state, unless [prior to] before the expiration of [such] the 6-month period the employer has filed with the commission, or with the commissioner of insurance if the employer is self-insured, notice that he has elected to extend [such] the coverage a greater period of time.
κ1981 Statutes of Nevada, Page 1169 (CHAPTER 549, AB 375)κ
insurance if the employer is self-insured, notice that he has elected to extend [such] the coverage a greater period of time.
Sec. 11. NRS 616.530 is hereby amended to read as follows:
616.530 1. If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation [on account of such] for the injury or death from [such] his employer, the act of commencing such action or proceeding constitutes an irrevocable waiver of [any and] all compensation [on account of such] for the injury or death to which persons would otherwise have been entitled [according to] under the laws of this state.
2. If [any such] the injured employee, his personal or legal representatives, dependents or next of kin recover a final judgment against [such] the employer for damages arising out of [such] the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this state, up to the full amount thereof, but less any sums [theretofore actually] previously paid for [or on account of such] the injury or death, must be applied in satisfaction of [such] the judgment as follows:
(a) Upon receipt of an authenticated copy of [such] the final judgment and writ of execution or other process issued in aid thereof, the commission or the self-insured employer shall forthwith determine the total amount of compensation which would have been payable under the laws of this state had claim therefor been made to the commission [.] or the self-insured employer. In the case of compensation payable in installments, the commission or the self-insured employer shall convert it into a lump sum amount by such system of computation as the commission or the commission of insurance if the employer is self-insured, deems proper.
(b) The commission or the self-insured employer shall thereupon order to be paid in full or partial satisfaction of [such] the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is the lesser.
(c) Except for a self-insured employer, if the judgment is satisfied fully by the employer [prior to] before any payment by the commission pursuant to paragraph (b), the amount payable thereunder must be paid to the employer.
Sec. 12. NRS 616.535 is hereby amended to read as follows:
616.535 1. Any employee entitled to receive compensation under this chapter is required, if requested by the commission, a self-insured employer or the commissioner of insurance or ordered by an appeals officer or a hearing officer, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the commission [.] , or of the commissioner of insurance if the employer is self-insured.
2. The request or order for the examination must fix a time and place therefor, due regard being had to the convenience of the employee, his physical condition and ability to attend at the time and place fixed.
κ1981 Statutes of Nevada, Page 1170 (CHAPTER 549, AB 375)κ
3. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.
4. If the employee refuses to submit to any such examination or obstructs it, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for [account of such period.] the period of suspension.
5. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.
Sec. 13. NRS 616.540 is hereby amended to read as follows:
616.540 1. If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee is in controversy, an appeals officer, [or] the commission, a self-insured employer or the commissioner of insurance may refer the case to the medical board which serves the appropriate medical board district.
2. [Such] The medical board shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into [such] the medical question or determination of the extent of disability. At the time set, [such] the medical board shall make a [full, complete and] thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of the medical board members are in agreement, submit their findings, conclusions and recommendations, concerning medical questions only, to the [appeals officer or the commission.] person who referred the case.
3. Should [such] the medical board not be in agreement as to the findings, conclusions and recommendations, the members of [such] the medical board shall submit separate [and individual] reports, concerning medical questions only, to the [appeals officer or the commission.] person who referred the case.
Sec. 14. NRS 616.583 is hereby amended to read as follows:
616.583 [Any] 1. Except as provided in subsection 2, each former employee receiving benefits for a permanent total disability [benefits] shall report annually on the anniversary date of the award to the commission all of his [earnings] employment for the prior 12-month period. In the event the former employee fails to make [such a] the report to the commission within 30 days following the anniversary date, the commission shall notify the employer and the employee that [such reports have] the report has not been received and the commission may then order any further payments suspended until [such] the report of [earnings] employment is filed with the commission.
2. Each former employee receiving benefits for a permanent total disability from a self-insured employer shall report annually on the anniversary date of the award to the self-insured employer all of his employment for the prior 12-month period. If the former employee fails to make the report within 30 days after the anniversary date, the self-insured employer may suspend further payment until the report is filed.
Sec. 15. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability.
κ1981 Statutes of Nevada, Page 1171 (CHAPTER 549, AB 375)κ
in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The percentage of disability must be determined by a physician designated by the commission [, or board of physicians,] or by the commissioner of insurance, in accordance with the current American Medical Association publication, Guides to the Evaluation of Permanent [Impairment.] Impairment, as it exists on the date most recently specified by joint regulation of the commission and the commissioner. The commission and the commissioner may supplement this publication by adopting joint regulations for a supplemental guide.
3. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability. [compensation.]
4. Each 1 percent of impairment of the whole man must be compensated by monthly payment of 0.5 percent of the claimants average monthly wage. Compensation must commence on the date of the injury or the day following termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the 65th birthday of the claimant, whichever is later.
(a) Compensation benefits may be paid annually to claimants with less than a 25 percent permanent partial disability.
(b) A permanent partial disability award may be paid in a lump sum under the following conditions:
(1) A claimant injured on or after July 1, 1973, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum.
(2) A claimant injured on or after July 1, 1973, who incurs a disability that exceeds 12 percent may:
(I) Upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the commission or the self-insured employer to receive his compensation in a lump sum; or
(II) Elect to receive up to 25 percent of his compensation in a lump sum without a demonstration of need.
(3) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615 is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability. [award.]
(c) The commission, or the commissioner of insurance if the employer is self-insured, shall adopt regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.
(d) Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
κ1981 Statutes of Nevada, Page 1172 (CHAPTER 549, AB 375)κ
(e) The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value is calculated using monthly payments in the amounts prescribed in subsection 4 and actuarial annuity tables adopted jointly by the commission [.] and the commissioner of insurance. The tables must be reviewed annually by a consulting actuary.
6. An employee receiving:
(a) [Permanent] Compensation for a permanent total disability [compensation] is not entitled to compensation for a permanent partial disability [compensation] during the period when he is receiving compensation for the permanent total disability. [compensation.]
(b) [Temporary] Compensation for a temporary total disability [compensation] is not entitled to compensation for a permanent partial disability [compensation] during the period of temporary total disability.
(c) [Temporary] Compensation for a temporary partial disability [compensation] is not entitled to compensation for a permanent partial disability [compensation] during the period of temporary partial disability.
7. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
8. The commission may adopt [a schedule] schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable [and proper] regulations to carry out the provisions of this section.
9. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which [were incurred] occurred before July 1, 1973.
10. This section does not entitle any person to double payments [on account of] for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 16. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by NRS 616.605 and 616.615, neither the commission [shall not] nor a self-insured employer shall make or allow any lump-sum [settlement.] settlements.
Sec. 17. NRS 617.370 is hereby amended to read as follows:
617.370 1. Any employee claiming the right to receive compensation under this chapter may be required by a hearing officer, an appeals officer, [or] the commission, a self-insured employer or the commissioner of insurance to submit himself for medical examination at any time and from time to time at a place reasonably convenient for the employee.
2. If the employee refuses to submit to any such examination or obstructs it, his right to have his claim for compensation considered if his claim is pending before the commission [,] or a self-insured employer, or to receive any payments for compensation theretofore granted, [shall] must be suspended during the period of [such] the refusal or obstruction.
κ1981 Statutes of Nevada, Page 1173 (CHAPTER 549, AB 375)κ
granted, [shall] must be suspended during the period of [such] the refusal or obstruction.
Sec. 18. NRS 617.380 is hereby amended to read as follows:
617.380 1. On the filing of a claim for compensation for death from an occupational disease where in the opinion of the commission, the self-insured employer or the commissioner of insurance it is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered. [by the commission.] The autopsy [shall] must be made by a person designated by the commission [.] , the self-insured employer or the commissioner of insurance.
2. The person requesting any such autopsy shall pay the charge of the physician making the same.
3. Any person interested may designate a [duly] licensed physician to attend the autopsy.
4. The findings of the physician performing the autopsy [shall] must be filed with the commission, the self-insured employer or the commissioner of insurance and [shall be] is a public record.
5. All proceedings for compensation [shall] must be suspended upon refusal of a claimant or claimants to permit an autopsy when so ordered.
6. When an autopsy has been performed pursuant to an order of the commission, no cause of action [shall] may lie against any person [, firm or corporation] for participating in or requesting [such] the autopsy.
Sec. 19. This act shall become effective upon passage and approval.
________
Assembly Bill No. 640Assemblymen Schofield, Vergiels, Jeffrey, Chaney, Stewart, Kovacs and Dini
CHAPTER 550
AN ACT relating to the MX missile project; creating a department for coordination of the MX missile project; providing for a director of that department and prescribing his duties; and providing other matters properly relating thereto.
[Approved June 4, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Department means the department for coordination of the MX missile project.
2. Director means the director of the department.
Sec. 3. 1. The department for coordination of the MX missile project is hereby created.
2. The department shall assist in planning and coordinating the activities of government at the federal, state and local levels in efforts to ameliorate the adverse financial effects which the construction of the MX missile system in Nevada will have upon the state and its local governments.
κ1981 Statutes of Nevada, Page 1174 (CHAPTER 550, AB 640)κ
missile system in Nevada will have upon the state and its local governments.
3. The department consists of a director and the following divisions:
(a) The division of planning.
(b) The division of management of contracts and grants.
(c) The division of intergovernmental coordination.
Sec. 4. 1. The governor shall appoint the director, who serves at the pleasure of the governor in the unclassified service of the state.
2. A person who is selected to serve as director must have had at least 5 years of responsible experience in public or business administration, or possess broad management skills in areas related to the functions of the department.
3. The governor shall select the director on the basis of his training, experience and aptitude for coordinating agencies which perform duties relating to planning, financing, management and coordination between governments. The knowledge and abilities of the director must include some or all of:
(a) A comprehensive knowledge of the principles of administration and a working knowledge of matters which will be under his direction;
(b) Ability to assess the operations of the department and protect the interests of the public in areas covered by the duties of his department;
(c) Ability to organize and present oral and written communications to the governor, legislature and other officials and members of the public.
4. The director is entitled to receive a salary determined pursuant to NRS 284.182 and to be reimbursed for travel expenses and expenses of subsistence in amounts provided by law for state officers and employees.
5. The director shall devote his full time to the duties of his office and not engage in any other gainful employment or occupation.
Sec. 5. The director shall:
1. Appoint, with the consent of the governor, a chief for each division of the department.
2. Make and execute contracts and all other instruments necessary or convenient for the exercise of the duties of the department with any governmental agency or any other person.
3. Accept grants from and cooperate with any governmental agency or other person to further the purposes of this chapter.
Sec. 6. The director may:
1. Employ, without regard to the provisions of chapter 284 of NRS, within the limitations of legislative appropriations, legal counsel, investigators and other professional and clerical employees to enable the department to carry out its duties;
2. Rent, lease, purchase or contract for property, equipment and supplies necessary to carry out the purposes of this chapter.
3. Adopt regulations necessary to carry out the duties of the department.
4. Perform other functions necessary to the proper discharge of the duties of the department.
Sec. 7. The chief of each division of the department:
1. Is in the unclassified service of the state and is entitled to receive a salary determined pursuant to NRS 284.182.
κ1981 Statutes of Nevada, Page 1175 (CHAPTER 550, AB 640)κ
2. Shall administer the provisions of law relating to his division under the administrative supervision of the director.
3. Shall devote his entire time and attention to the business of his division and not pursue any other business or occupation or hold any other office of profit.
Sec. 8. The governor may, by executive order, abolish the department for coordination of the MX missile project whenever he determines it is no longer needed.
Sec. 9. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave; or
(6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. Each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners.
6. Except as provided in subsection 7, and excepting contractors entered into by the University of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners. The state board of examiners shall adopt regulations to carry out the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.
κ1981 Statutes of Nevada, Page 1176 (CHAPTER 550, AB 640)κ
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings.
(c) Contracts executed by the housing division of the department of commerce.
(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
(e) Contracts executed by the department for coordination of the MX missile project.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 427Committee on Legislative Affairs
CHAPTER 551
AN ACT relating to the legislative commission; creating an audit subcommittee in the legislative commission to provide audits of state agencies which have been awarded federal grants; making an appropriation; and providing other matters properly relating thereto.
[Approved June 4, 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 the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. There is hereby created in the legislative commission an audit subcommittee consisting of three members.
2. The subcommittee must be composed of:
(a) The chairman of the legislative commission or a member of the legislative commission appointed by him; and
(b) Two other members of the legislative commission.
3. The person serving on the subcommittee pursuant to paragraph (a) of subsection 2 shall serve as chairman and the legislative auditor or a member of his staff appointed by him shall serve as secretary of the subcommittee.
4. The subcommittee shall meet at the times and places specified by a call of the chairman. Two members of the subcommittee constitute a quorum, and a quorum may exercise any power or authority conferred on the subcommittee.
Sec. 3. 1. Each state agency which is awarded a federal grant, a condition of which is the requirement that an audit be conducted to ensure compliance with federal regulations, shall:
(a) Immediately notify the legislative auditor of the award of the grant; and
(b) Upon receipt of the proceeds of the grant, remit to the legislative auditor, upon his request, a sum fixed by the legislative auditor which approximates the amount the Federal Government will contribute towards a direct charge against the grant for the audit or will contribute towards the cost of the audit if it is included as a factor in the agencys plan for cost allocation.
κ1981 Statutes of Nevada, Page 1177 (CHAPTER 551, SB 427)κ
the cost of the audit if it is included as a factor in the agencys plan for cost allocation. That amount may later be adjusted to the actual cost of the audit. The amount of the cost of the audit which the Federal Government does not contribute must be paid from the legislative auditors budget, if the audit is performed by him, or from the audit contingency account which is hereby created in the legislative fund, if the audit is performed by an auditor under contract as provided for in section 4 of this act.
2. The legislative auditor shall deposit the sum remitted pursuant to paragraph (b) of subsection 1 with the state treasurer for credit to the audit contingency account in the legislative fund. Expenditures from the account may only be made to pay the cost of audits described in subsection 1. All vouchers for expenses must be approved by the legislative auditor and paid as other claims against the legislative fund are paid.
Sec. 4. 1. The audit subcommittee may require the legislative auditor to conduct, or may choose to contract with a qualified accounting firm to conduct, an audit which is a prerequisite to the award of a grant from the Federal Government to a state agency.
2. The legislative auditor shall keep a list of firms qualified and willing to perform this kind of audit. Firms desiring to be included on the list must annually submit to the legislative auditor statements of qualifications and data relating to the performance of the firm, including relevant information regarding any consultants used or to be used by the firm.
3. When the audit subcommittee chooses to contract with a firm to conduct an audit, the legislative auditor shall evaluate the data on file for each firm, together with any statements which firms may submit regarding the proposed audit and any other pertinent information. The legislative auditor shall prepare a list of not fewer than three nor more than five firms which, in the judgment of the legislative auditor, are qualified to perform the proposed audit. The legislative auditor shall submit the list to the audit subcommittee.
4. Two or more separate audits may be combined by the audit subcommittee to obtain auditing services from a single source. Audits combined in this manner shall be deemed a single audit for purposes of compliance with sections 2 to 7, inclusive, of this act.
Sec. 5. 1. The audit subcommittee shall confer with the legislative auditor to establish standards of performance to be required of a firm chosen to perform an audit. The audit subcommittee shall conduct negotiations with each of the firms recommended for consideration by the legislative auditor and shall select the firm or firms which, in the judgment of the audit subcommittee, are best qualified to meet the standards of performance established. During the negotiations and in making its selection, the audit subcommittee shall consider:
(a) The competency of the firms being considered;
(b) The estimated cost of the services required to conduct the audit; and
(c) The scope and complexity of the services required.
2. Each contract for an audit must be signed by the legislative auditor and an authorized representative of the firm selected to perform the audit.
κ1981 Statutes of Nevada, Page 1178 (CHAPTER 551, SB 427)κ
audit. The legislative auditor shall periodically monitor the performance of the firm conducting the audit to ensure that the terms of the contract are being complied with.
3. Except as otherwise provided in sections 2 to 7, inclusive, of this act, the officers and employees of a firm conducting an audit shall keep information disclosed by an audit in strict confidence and shall not disclose the contents of an audit before it is presented to the audit subcommittee. The officers and employees of the firm have the same rights of access to books, accounts, records, files, correspondence or other documents that the legislative auditor has.
4. At the conclusion of the audit, the firm or firms which have conducted the audit shall submit a written report of the audit to the legislative auditor. The legislative auditor shall follow the procedures set forth in NRS 218.821, concerning preliminary audit reports and shall attend, or have a member of his staff attend, the discussion held pursuant to that section.
5. Copies of the final audit report may be distributed in accordance with the terms of the contract at a time before presentation to the audit subcommittee.
6. The legislative auditor shall distribute the final audit report to members of the legislature, other appropriate state officers and the head of the agency audited:
(a) After the audit subcommittee has received the report and has determined that the report is not to be presented to the legislative commission; or
(b) If the audit subcommittee determines that the report is to be presented to the legislative commission, after the legislative commission has received the report.
Sec. 6. The legislative auditor shall, upon the request of the audit subcommittee, submit by September 1 of each even-numbered year the estimated cost to the state, by agency, of complying with federal audit requirements in each fiscal year in the ensuing biennium.
Sec. 7. If the audit subcommittee does not authorize the audit under section 4 of this act, a state agency may not execute a contract for an audit which is to be conducted to ensure compliance with federal regulations without the prior approval of the legislative commission. If the legislative commission approves the execution of the contract, the state agency upon completion of the audit must submit to the legislative auditor a statement showing the cost and source of funding of the audit.
Sec. 8. NRS 218.680 is hereby amended to read as follows:
218.680 1. Except during a regular or special session of the legislature, for each [day] days or portion of a days attendance at each meeting of the commission [,] or its audit subcommittee, if a member of the subcommittee, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, and the per diem allowance and travel expenses provided by law.
2. An alternate member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service.
κ1981 Statutes of Nevada, Page 1179 (CHAPTER 551, SB 427)κ
the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided by law.
Sec. 9. 1. There is hereby appropriated from the state general fund to the audit contingency account in the legislative fund created pursuant to section 3 of this act the sum of $50,000.
2. Any remaining balance of the appropriation made by subsection 1 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. 10. The legislative auditor shall submit to the audit subcommittee of the legislative commission by September 1, 1982, the estimated cost to the state, by agency, of complying with federal audit requirements in the fiscal years 1983-84 and 1984-85.
________
Senate Bill No. 632Senator Blakemore
CHAPTER 552
AN ACT relating to the property tax; providing for a partial exemption from the property tax for residential property containing a shelter protecting against radioactive fallout; and providing other matters properly relating thereto.
[Approved June 5, 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:
1. Residential property to the extent of $1,000 assessed valuation is exempt from taxation if the property:
(a) Is owned and occupied by a resident of this state;
(b) Contains a shelter for protection against radioactive fallout;
(c) The shelter has sufficient space to protect the number of persons who normally occupy the residence, and
(d) The shelter provides at least 40 times more protection against radiation to a person inside the shelter than to a person outside the shelter.
2. Any person claiming this exemption must file with the county assessor an affidavit declaring that:
(a) He is a resident of the State of Nevada;
(b) His shelter meets the requirements of subsection 1; and
(c) He has not claimed a similar exemption for the current year in any other county in this state.
________
κ1981 Statutes of Nevada, Page 1180κ
Assembly Bill No. 626Committee on Judiciary
CHAPTER 553
AN ACT relating to juvenile courts; requiring the filing of a case plan with the court concerning certain children who are placed outside their homes by the court; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 62.197 is hereby amended to read as follows:
62.197 1. [After a petition has been filed pursuant to NRS 62.128, the] When a child who is not delinquent has been placed outside his home by court order or after a petition has been filed pursuant to NRS 62.128 and the court finds the allegations in the petition to be true or a notice of intent to admit the allegations is filed and the party consents thereto:
(a) The court shall direct that a predisposition study and report to the court be made in writing by a probation officer or another agency authorized by law, concerning the child, his family, his environment and other matters relevant to the need for treatment or disposition of the case; and [. The study and report shall not be made prior to a finding with respect to the allegations in the petition unless a notice of intent to admit the allegations is filed, and the party consents thereto.]
(b) The agency which is charged with the care and custody of the child or the agency which has the responsibility for supervising the placement of the child shall file with the court a case plan which includes:
(1) The social history of the child and his family;
(2) The wishes of the child relating to his placement;
(3) A statement of the conditions which require intervention by the court and whether the removal of the child from his home was a result of a judicial determination that his continuation in the home would be contrary to his welfare;
(4) A statement of the harm which the child is likely to suffer as a result of the removal;
(5) A discussion of the efforts made by the agency to avoid removing the child from his home before it placed him in foster care;
(6) The special programs available to the parents, guardian or custodian of the child which might prevent further harm to the child and the reason that each program is likely to be useful, and the overall plan of the agency to assure that the services are available;
(7) A description of the type of home or institution in which the child could be placed, a plan for assuring that the child would receive proper care and a description of the needs of the child; and
(8) A description of the efforts made by the agency to facilitate the return of the child to his home or permanent placement of the child.
2. Where there are indications that the child may be mentally ill or mentally retarded, the court may order the child to be examined at a suitable place by a physician, psychiatrist or psychologist [prior to] before a hearing on the merits of the petition. Such examinations made [prior to] before hearing or as part of the study provided for in subsection 1 [shall] must be conducted on an out-patient basis unless the court finds that placement in a hospital or other appropriate facility is necessary.
κ1981 Statutes of Nevada, Page 1181 (CHAPTER 553, AB 626)κ
must be conducted on an out-patient basis unless the court finds that placement in a hospital or other appropriate facility is necessary.
3. The court, after hearing, may order examination by a physician, [surgeon,] psychiatrist or psychologist of a parent or custodian who gives his consent and whose ability to care for or supervise a child before the court is at issue.
________
Assembly Bill No. 283Committee on Government Affairs
CHAPTER 554
AN ACT relating to subdivisions of land; revising procedures for presenting a tentative map and a final map or maps of such land to a planning commission; specifying the area on which an individual system for disposal of sewage may be installed; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.010 is hereby amended to read as follows:
278.010 For the purpose of NRS 278.010 to 278.630, inclusive:
1. Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
2. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
[2.] 3. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
[3.] 4. Commission means the planning commission of the city, the county or the region, as established by ordinance.
[4.] 5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.
[5.] 6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
[6.] 7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
[7.] 8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for general use of property owners in the subdivision and local neighborhood traffic and drainage needs.
[8.] 9. Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
κ1981 Statutes of Nevada, Page 1182 (CHAPTER 554, AB 283)κ
278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions. A certified copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder or the recorder of Carson City.
[9.] 10. Lot means a distinct part or parcel of land which has been divided with the intention or for the purpose of transferring ownership or for the purpose of building. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
[10.] 12. Right of way includes all public and private rights-of-way and shall include all areas required for public use in accordance with any master plan or parts thereof.
[11.] 13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
[12.] 14. Subdivider means a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.
[13.] 15. Subdivision is defined in NRS 278.320.
[14.] 16. Tentative map means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it.
Sec. 2. NRS 278.360 is hereby amended to read as follows:
278.360 1. Unless the time is extended, [the subdivider shall within 1 year after approval of the tentative map or before the expiration of any extension by the governing body cause the subdivision, or any part thereof, to be surveyed and a final map prepared in accordance with the tentative map. Failure to record a final map within the time prescribed in this section terminates all proceedings, and before the final map may thereafter be recorded, or any sales be made, a new tentative map shall be filed.
2. The governing body or planning commission may grant to the subdivider a single extension of not more than 1 year within which to record a final map after receiving approval of the tentative map.] the subdivider shall present to the planning commission a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved, or one of a series of final maps, each covering a portion of the approved tentative map, within 1 year or within successive 1-year periods after the date of approval of the tentative map by the governing body.
2. If the subdivider fails to record a final map for any portion of the tentative map within 1 year after the date of approval of the tentative map by the governing body, or within 1 year after the date of approval by the governing body of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
3. The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting the entire final map or next successive final map has expired.
κ1981 Statutes of Nevada, Page 1183 (CHAPTER 554, AB 283)κ
Sec. 3. NRS 278.380 is hereby amended to read as follows:
278.380 1. Upon receipt of the final map and report of the planning commission, the governing body shall at its next meeting, or within a period of not more than 10 days after such filing, approve the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the [tentative] final map, or any rulings made thereunder.
2. The governing body shall at that time also accept or reject any or all offers of dedication and may, as a condition precedent to the acceptance of any streets or easements, require that the subdivider improve or agree to improve the streets or easements.
3. If an agreement for a required improvement is entered into, the governing body may require that the agreement be secured by a good and sufficient bond or other security in the amount determined by the governing body.
Sec. 4. Chapter 444 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 3, an individual system for disposal of sewage may be installed on a lot which is intended to be improved with a single-family residence if the lot is:
(a) One acre or larger if the water for the residence is drawn from a well; or
(b) One-quarter acre or larger if the water for the residence is provided by a public water supply.
2. Except as provided in subsection 3, an individual system for disposal of sewage may be installed on a lot which is intended to be improved otherwise than with a single-family residence if the lot has at least 22 square feet for each gallon of sewage per day estimated pursuant to the provisions of the Uniform Plumbing Code which is in effect on July 1, 1981, but not less than 25 gallons per day per fixture unit. One half of the land area must be available for sewage disposal.
3. Minimum land areas must be increased to account for the slope of the area which is used for absorption, as follows:
(a) If the slope is less than 5 percent, the minimum areas set forth in this section apply.
(b) If the slope is 5 percent or more, but less than 10 percent, the minimum area must be multiplied by 1.25.
(c) If the slope is 10 percent or more, but less than 20 percent, the minimum area must be multiplied by 1.5.
(d) If the slope is 20 percent or more, the minimum area must be multiplied by 2.0, and soil absorption trenches must be at least 20 feet, measured horizontally, from the face of the slope or the surface of the ground. The area used to establish the slope for the purposes of this subsection is one-third acre.
4. Each individual system for disposal of sewage must comply with all other requirements set forth in the regulations of the division or of the county or district board of health.
________
κ1981 Statutes of Nevada, Page 1184κ
Assembly Bill No. 554Assemblymen Vergiels and Foley
CHAPTER 555
AN ACT relating to landlords and tenants; prescribing penalties for failure to return security deposits; amending provisions for designating persons to receive process; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 118A.240 is hereby amended to read as follows:
118A.240 1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is security and is governed by the provisions of this section:
(a) Remedying tenant defaults in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.
2. Security does not include any payment, deposit or fee to secure an option to purchase the premises.
3. The landlord may not demand or receive security, including the last months rent, whose total amount or value exceeds 2 months periodic rent.
4. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security and return any remaining portion of the security to the tenant no later than 3 weeks after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, and if that address is unknown, then at the tenants last-known address.
5. Upon termination of the landlords interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall within a reasonable time do one of the following, which relieves him of further liability with respect to the security:
(a) Notify the tenant in writing of the name, address and telephone number of his successor in interest, and that he has transferred to the landlords successor in interest the portion of the security remaining after making any deductions allowed under this section. Upon notification to the tenant, the transferee has all of the rights and obligations of a landlord holding such security.
(b) Return to the tenant the portion of the security remaining after making any deductions allowed under this section.
6. The claim of a tenant to security to which he is entitled under this chapter takes precedence over the claim of any creditor of the landlord.
κ1981 Statutes of Nevada, Page 1185 (CHAPTER 555, AB 554)κ
7. [The bad faith retention by the landlord or his transferee of security in violation of this section may subject the landlord or his transferee to payment of the amount owed to the tenant and actual damages.] If the landlord fails or refuses to return the remainder of a security deposit within 21 days after the end of a tenancy, he shall return the entire deposit without any deduction.
8. Except for an agreement which provides for a nonrefundable cleaning charge in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenants rights under this section. Any such provision is void as contrary to public policy.
Sec. 2. NRS 118A.260 is hereby amended to read as follows:
118A.260 1. The landlord, or any person authorized to enter into a rental agreement on his behalf, shall disclose to the tenant in writing at or before the commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
(2) [An owner of the premises or] A person authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and demands; and
(3) The principal or corporate owner.
(b) A telephone number at which a responsible person may be called in case of emergency.
2. The information required to be furnished by this section [shall] must be kept current and this section is enforceable against any successor landlord or manager of the premises.
3. A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and under the rental agreement.
4. [If the identity of the landlord is not disclosed as required by this section, the] In any action against a landlord which involves his rental property, service of process upon the manager of the property shall be deemed to be service upon the landlord. The obligations of the landlord devolve upon the person authorized to enter into a rental agreement on his behalf.
5. This section does not limit or remove the liability of an undisclosed landlord.
________
κ1981 Statutes of Nevada, Page 1186κ
Assembly Bill No. 628Committee on Government Affairs
CHAPTER 556
AN ACT relating to county hospitals; allowing their sale or lease to a corporation for profit under certain circumstances; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county commissioners of any county for which a public hospital has been established or is administered pursuant to NRS 450.010 to 450.510, inclusive, and whose public hospital is the only hospital in the county, may convey the hospital for an amount not less than its appraised value or lease it for a term of not more than 50 years to any corporation if all of the following conditions are met:
(a) The corporation must provide in its articles of incorporation for an advisory board for the hospital. The advisory board must consist of persons who represent a broad section of the people to be served by the hospital.
(b) The corporation must contract to care for indigent patients at a charge to the county which does not exceed the actual cost of providing that care, and to receive any person falling sick or maimed within the county.
(c) The corporation must agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement must provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of an amount which is not less than the appraised value of the hospital, after deducting any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will, over the term of the lease, reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. If any hospital which has been conveyed pursuant to this section ceases to be used as a hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a hospital, the lease is terminated.
Sec. 2. NRS 450.500 is hereby amended to read as follows:
450.500 1. [The] Except as otherwise provided in section 1 of this act, the board of county commissioners of any county for which a public hospital has been established pursuant to NRS 450.010 to 450.510, inclusive, or established otherwise but administered pursuant to NRS 450.010 to 450.510, inclusive, may convey [such] the hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following [minimum] conditions are met:
κ1981 Statutes of Nevada, Page 1187 (CHAPTER 556, AB 628)κ
act, the board of county commissioners of any county for which a public hospital has been established pursuant to NRS 450.010 to 450.510, inclusive, or established otherwise but administered pursuant to NRS 450.010 to 450.510, inclusive, may convey [such] the hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following [minimum] conditions are met:
(a) The nonprofit corporation [shall] must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation [shall] must provide for a membership of the corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county. The articles [shall] must further provide for the selection of the governing body by the membership of the corporation and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles [shall] must further provide that the terms of office of members of the governing body [shall] must not exceed 6 years.
(b) The nonprofit corporation [shall] must contract to care for indigent patients at a charge to the county which [shall] does not exceed the actual cost of providing such care, and to receive any person falling sick or maimed within the county.
(c) The nonprofit corporation shall agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement [shall] must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement [shall] must provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will over the term of the lease reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. Boards of county commissioners which have joint responsibility for a public hospital may jointly exercise the power conferred by subsection 1, and are subject jointly to the related duties.
3. If any hospital which has been conveyed pursuant to this section ceases to be used as a community nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another community nonprofit hospital for the county, the hospital so conveyed [shall revert] reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit community hospital, the lease [shall terminate.] is terminated.
________
κ1981 Statutes of Nevada, Page 1188κ
Assembly Bill No. 274Committee on Ways and Means
CHAPTER 557
AN ACT relating to state purchasing; making administrative changes; removing the monetary limit in the purchase of automobiles; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.160 is hereby amended to read as follows:
333.160 [1.] The chief [shall have authority to] may decide whether and to what extent the needs of any using agency [shall] may be supplied:
[(a)] 1. From stores of commodities on hand;
[(b)] 2. By transfer of surplus items or stocks from other using agencies;
[(c)] 3. By deliveries under contracts;
[(d)] 4. By open market purchases through the chief; or
[(e)] 5. Directly by the using agencies;
but he shall have thorough discussions on such matters with authorized representatives of each using agency.
[2. To the extent practicable, service, price and quality being considered, all purchases shall be made of vendors whose principal places of business are within the state.]
Sec. 2. NRS 333.310 is hereby amended to read as follows:
333.310 1. The advertisements [shall] must contain general descriptions of the classes of commodities for which bids are wanted and [shall] must state:
(a) The names and locations of the departments, agencies, local governments, districts or institutions for which the purchases are to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) The date and time not later than which bids must be filed.
(d) The date and time when bids will be opened.
The chief or his designated agent shall pass upon the copy for the advertisement.
2. Each such advertisement [shall] must be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising [shall] must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation. [; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any local government as defined in NRS 354.474, conservation district, irrigation district, the University of Nevada System or the desert research institute of the University of Nevada System, such advertising shall be published in the manner provided in NRS 333.470.]
Sec. 3. NRS 333.470 is hereby amended to read as follows:
333.470 1. The University of Nevada System, the desert research institute of the University of Nevada System, and local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.
κ1981 Statutes of Nevada, Page 1189 (CHAPTER 557, AB 274)κ
institute of the University of Nevada System, and local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.
2. The chief shall issue bulletins from time to time to all state and local government agencies, to all irrigation districts and conservation districts, to the University of Nevada System and to the desert research institute of the University of Nevada System, indicating the supplies, materials and equipment available and the prices thereof.
3. The specifications for all bids for supplies, materials or equipment to be furnished pursuant to the provisions of subsection 1 [shall] must be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.
[4. Prior to receiving any bid or awarding any contract or order pursuant to the provisions of this section, the purchasing division shall publish a call for bids in a newspaper of general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.]
Sec. 4. NRS 334.010 is hereby amended to read as follows:
334.010 1. [Except as otherwise provided in this subsection, and in subsections 2 and 3, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, must not cost more than $6,000 as its entire purchase price, whether to be paid for entirely in money or part by exchange of another automobile traded in. The state board of examiners, however, may approve the purchase of an automobile costing more than $6,000 if the purpose of the automobile is to carry seven or more passengers or if it is a multipurpose automobile.
2. Any automobile purchased by or on behalf of the governor must not cost more than $10,000 as its entire purchase price, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. Any automobile purchased for use as a highway patrol vehicle must not cost more than $8,000 as its entire purchase price, whether to be paid for entirely in money or in part by exchange of another automobile traded in.
4.] No automobile may be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
[5.] 2. All such automobiles may be used for official purposes only.
[6.] 3. All such automobiles, except: [automobiles]
(a) Automobiles maintained for and used by the governor; [or]
(b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general; [, and one]
(c) One automobile used by the department of prisons; [, two]
(d) Two automobiles used by the Nevada girls training center; [, three]
κ1981 Statutes of Nevada, Page 1190 (CHAPTER 557, AB 274)κ
(e) Three automobiles used by the Nevada youth training center [,] ; and [four]
(f) Four automobiles used by the youth parole bureau of the youth services division of the department of human resources,
must be labeled by painting the words State of Nevada and For Official Use Only thereon in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.
[7.] 4. Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.
Sec. 5. NRS 333.170 is hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 391Assemblyman Jeffrey
CHAPTER 558
AN ACT relating to manufactured housing; making various amendments to the provisions of law governing manufactured housing; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Full disclosure of all terms and conditions of an offer to sell, buy or lease a used mobile home or commercial coach must be set forth in writing and signed by the seller, buyer and dealer.
2. Any offer to purchase or lease a used mobile home or commercial coach must be submitted within 5 days after the offer is made to the owner or his authorized agent for approval or disapproval. The offer must be in writing and signed and dated by the person making the offer and by the dealer.
Sec. 3. 1. If an inspection reveals that a mobile home or commercial coach is constructed or maintained in violation of this chapter, the division may order its use discontinued and the mobile home or commercial coach, or any portion thereof, vacated.
2. The order to vacate must be served upon the person using the mobile home or commercial coach and copies of the order must also be posted at or upon each exit of the mobile home or commercial coach.
3. The order to vacate must include a reasonable period of time within which the violation may be corrected.
4. No person may occupy or use the mobile home or commercial coach in violation of the order to vacate.
Sec. 4. 1. Whenever any construction, rebuilding or other work is performed in violation of this chapter or any regulation adopted pursuant to this chapter, the division may order the work stopped.
κ1981 Statutes of Nevada, Page 1191 (CHAPTER 558, AB 391)κ
2. The order to stop work must be served upon the person doing the work or upon the person causing the work to be done. The person served with the order shall immediately cease the work until authorized by the division to continue it.
3. A copy of the order to stop work must be posted at or upon a recognized entrance of the mobile home or commercial coach.
Sec. 5. To open a branch office, a dealer, installer, rebuilder or serviceman, as the case may be, must:
1. Obtain a license from the division to operate the branch office;
2. File a $1,000 surety bond with the division for each branch office; and
3. Provide for direct supervision of the branch office, either by himself or by employing a responsible managing employee.
Sec. 6. NRS 489.051 is hereby amended to read as follows:
489.051 Certificate of compliance means a certificate issued by [the State of Nevada] this state certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of a mobile home, travel trailer or commercial coach [are installed in compliance with the American National Standards] comply with standards set by the division and applicable at the time of manufacture.
Sec. 7. NRS 489.135 is hereby amended to read as follows:
489.135 1. Rebuilder means a person engaged in the business of reconstructing mobile homes or commercial coaches by the alteration, addition or substitution of substantial or essential parts.
2. Nothing in this section [shall be construed to require] requires any licensed new [or used] mobile home or commercial coach dealer to secure a license as a rebuilder in conjunction with rebuilding in his own facilities [.] by his employees.
Sec. 8. NRS 489.241 is hereby amended to read as follows:
489.241 The administrator shall adopt regulations:
1. Embodying the fundamental principles of the National Mobile Home Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.) with respect to mobile homes. [and by the American National Standards Institute or National Fire Protection Association with respect to travel trailers and commercial coaches.]
2. For the construction and assembly of travel trailers and commercial coaches that are reasonably consistent with nationally recognized standards.
3. For the issuance of labels [to manufacturers of travel trailers or commercial coaches to be affixed by manufacturers.] of compliance. The regulations must provide for, without limitation:
(a) Inplant inspections;
(b) Submission and approval of plans and specifications; and
(c) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes, travel trailers or commercial coaches in this state for use in this state.
Sec. 9. NRS 489.261 is hereby amended to read as follows:
489.261 1. The administrator may adopt regulations pertaining to:
(a) The alteration of plumbing, heating or electrical systems of a mobile home or commercial coach.
κ1981 Statutes of Nevada, Page 1192 (CHAPTER 558, AB 391)κ
(b) The construction [and] , installation and use of accessory buildings, structures, devices which burn solid fuel and air-conditioning for mobile homes consistent with nationally recognized construction standards, except where those standards conflict with the standards adopted under the National Mobile Home Construction Act (42 U.S.C. §§ 5401 et seq.) and would prevent enforcement of that act in this state.
2. Every city or county building department shall enforce all regulations adopted pursuant to this chapter and make all inspections in their respective jurisdictions required by the regulations pertaining to the setup, tiedown and installation of mobile homes or commercial coaches except as otherwise provided in this subsection. If any city or county building department fails to enforce the regulations or make the inspections required by them, the division shall enforce the regulations and make the inspections in that jurisdiction and may engage an independent contractor to perform any inspection.
3. Local governing bodies may adopt ordinances at least as stringent as the applicable state or federal statutes or regulations.
4. As used in this section, accessory building or accessory structure includes awnings, cabanas, carports, porches, skirting or steps established for the use of the occupant of the mobile home and which depends upon the mobile home for some or all of its structural support.
Sec. 10. NRS 489.451 is hereby amended to read as follows:
489.451 1. Every commercial coach manufactured on or after July 1, 1977, which is rented, leased or sold or offered for rent, lease or sale in this state must bear a certificate or label of compliance issued by this state certifying that the commercial coach was constructed in compliance with the standards applicable at the time of manufacture.
2. A certificate or label of compliance may be issued upon an inspection of the plans for or an actual inspection of the mobile home, travel trailer or commercial coach.
3. A mobile home, travel trailer or commercial coach which bears a label or other certificate by another state which the administrator finds has a competent inspection program or a label of compliance issued by a firm licensed under the provisions of this chapter is deemed to meet the requirements of this state, and the division shall issue a label upon application and proof that the mobile home, commercial coach or travel trailer meets the requirements of this chapter.
Sec. 11. NRS 489.491 is hereby amended to read as follows:
489.491 1. All fees collected pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the manufactured housing fund which is hereby created as a special revenue fund. All expenses of the enforcement of this chapter must be paid from the fund.
2. The fund may not be used for any purpose, except the regulation of mobile homes, travel trailers and commercial coaches [.] and the administration of chapter 461 of NRS.
3. Claims against the fund must be paid as other claims against the state are paid.
Sec. 12. NRS 489.501 is hereby amended to read as follows:
489.501 1. When a new mobile home or commercial coach is sold in this state by a dealer, he shall complete a dealers report of sale.
κ1981 Statutes of Nevada, Page 1193 (CHAPTER 558, AB 391)κ
in this state by a dealer, he shall complete a dealers report of sale. The dealers report of sale must be in a form prescribed by the division and include a description of the mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the mobile home or commercial coach, the name and address of the secured party or his assignee must be entered on the dealers report of sale.
2. The seller shall submit the original of the dealers report of sale and the manufacturers certificate or statement of origin to the division within [10] 30 days after the execution of all instruments which the contract of sale required to be executed at the time of sale or within [10] 30 days after the date of sale, whichever is later, unless an extension of time is granted by the division.
3. A dealer who sells a new mobile home or commercial coach shall deliver the buyers copy of the report of sale to him at the time of sale and submit another copy within [10] 30 days after the date of the sale to the county assessor of the county in which the mobile home or commercial coach will be located.
Sec. 13. NRS 489.531 is hereby amended to read as follows:
489.531 1. The [department] division shall not issue a certificate of ownership of a used mobile home unless the county assessor of the county in which the mobile home was situated at the time of sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of the sale have been paid.
2. Every certificate of ownership issued for a used mobile home must contain a warning, printed or stamped on its face in red, to the effect that title to a used mobile home does not pass until the county assessor of the county in which the mobile home was situated at the time of the sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.
Sec. 14. NRS 489.621 is hereby amended to read as follows:
489.621 1. Except as provided in NRS 489.611, [the owner of any] any person who moves a mobile home or commercial coach [moved] upon any highway or road in this state shall, before that movement, apply to the county assessor for a mobile home or commercial coach trip permit. The assessor of the county from which the mobile home is to be moved shall issue a trip permit for each section of the mobile home or commercial coach upon application presented in the form prescribed by the division, payment of a fee of [$2,] $3 for each permit, and proof satisfactory to the assessor of ownership and that all property taxes, and use taxes if applicable, levied against the mobile home or commercial coach and its contents have been paid.
2. The trip permit authorizes movement over the highways and roads for a period of not more than 5 consecutive working days following the date of issuance and the application and permit respectively must be used in lieu only of any certificate of registration and vehicle license number plate required by law.
κ1981 Statutes of Nevada, Page 1194 (CHAPTER 558, AB 391)κ
in lieu only of any certificate of registration and vehicle license number plate required by law.
Sec. 15. NRS 489.641 is hereby amended to read as follows:
489.641 1. The division shall determine the size, shape and form of the trip permit which may be part of a single form also containing the application for the permit. Each permit must bear the month and day of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight.
2. The trip permit must be prominently displayed on the rear of each section of the mobile home or commercial coach in the manner prescribed by the division at all times during which the mobile home or commercial coach is moved upon any highway or road. The permit must be made and displayed in a manner that renders the permit unusable when removed from the mobile home or commercial coach.
Sec. 16. NRS 489.801 is hereby amended to read as follows:
489.801 1. It is unlawful for any person to manufacture any mobile home or travel trailer or any commercial coach unless the mobile home, travel trailer or commercial coach and its components and systems are constructed and assembled according to the standards prescribed pursuant to the provisions of this chapter.
2. It is unlawful for any person knowingly to sell or offer for sale any mobile home which has been constructed on or after June 15, 1976, unless the mobile home and its components and systems have been constructed and assembled according to the standards prescribed pursuant to the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
3. Any person who knowingly sells or offers to sell in this state any mobile home, travel trailer or commercial coach for which a certificate or label of compliance is required under this chapter, which does not bear a certificate or label of compliance, is liable for the penalties provided in NRS 489.811 and 489.821.
4. It is unlawful for any person to issue a certification which states that a mobile home conforms to all applicable federal standards for safety and construction if that person, in the exercise of due care, has reason to know that the certification is false or misleading in any material respect.
5. It is unlawful for a manufacturer to fail to furnish notification of defects relating to construction or safety, as required by the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. § 5414).
6. It is unlawful for any person to fail or refuse to permit access by the administrator to the documentary materials set forth in NRS 489.231.
7. It is unlawful for any person, without authorization from the division, to disclose or obtain the contents of an examination given by the division.
8. It is unlawful for any person to use a mobile home or commercial coach as living quarters or for human occupancy, respectively, if the mobile home or commercial coach violates a standard of safety set forth in regulations adopted pursuant to subsection 1 of NRS 489.251, concerning installation, tiedown, and support of mobile homes and commercial coaches.
κ1981 Statutes of Nevada, Page 1195 (CHAPTER 558, AB 391)κ
Sec. 17. NRS 489.821 is hereby amended to read as follows:
489.821 1. A person is guilty of a gross misdemeanor who knowingly:
(a) Makes any false entry on any certificate of origin or certificate of ownership.
(b) Furnishes false information to the division concerning any security interest.
(c) Files with the administrator any notice, statement or other document required under the provisions of this chapter which is false or contains any material misstatement of fact.
(d) Whether acting individually or as a director, officer or agent of a corporation, violates a provision of the National Mobile Home Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.), causing a condition which endangers the health or safety of a purchaser of a mobile home or commercial coach.
2. Except as provided in subsections 1 and 3 of this section, any person who knowingly or willfully violates any of the provisions of this chapter is guilty of a misdemeanor.
3. Subsection 2 does not apply to a manufacturer of travel trailers.
Sec. 18. Chapter 461 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All fees collected pursuant to this chapter must be deposited in the state treasury for credit to the manufactured housing fund. All expenses for the enforcement of this chapter must be paid from the fund.
Sec. 19. NRS 489.041 is hereby repealed.
________
Assembly Bill No. 542Assemblymen Nicholas and Beyer
CHAPTER 559
AN ACT relating to procedure in juvenile cases; providing that juvenile delinquents who cross state borders be treated as adults for purposes of extradition; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever a child who commits a crime in Nevada flees to another state, the governor shall request extradition from that state to Nevada according to that states procedure for the extradition of adults.
2. A child who flees to Nevada after committing a crime in another state may be extradited to that state in accordance with NRS 179.177 to 179.235, inclusive, except that while the child is awaiting extradition, he must be detained in a facility for the detention of juveniles if space is available.
Sec. 2. NRS 169.025 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1196 (CHAPTER 559, AB 542)κ
169.025 This Title governs the procedure in the courts of the State of Nevada and before magistrates in all criminal proceedings, but, except as provided in section 1 of this act, does not apply to proceedings against children under chapter 62 of NRS.
________
Assembly Bill No. 312Assemblyman Banner
CHAPTER 560
AN ACT relating to labor and industrial relations; providing for various amendments to provisions of the law relating to claims under industrial insurance and occupational safety and health; and providing other matters properly relating thereto.
[Approved June 5, 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 a new section which shall read as follows:
The commission shall provide by regulation for a method of determining average monthly wage.
Sec. 2. NRS 616.110 is hereby amended to read as follows:
616.110 1. Injury and personal injury means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result, [and resulting from external force,] including injuries to artificial members. Any injury sustained by an employee while engaging in an athletic or social event sponsored by the employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in such event.
2. For the purposes of this chapter, coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall not be deemed to be an injury by accident sustained arising out of and in the course of the employment.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 616.342 is hereby amended to read as follows:
616.342 1. The commission and the commissioner of insurance, jointly, may appoint physicians who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Physicians so appointed constitute a panel of physicians, and every employer shall maintain a list of those panel physicians who are reasonably accessible to his employees.
2. An injured employee may choose his treating physician from the panel of physicians. If the injured employee is not satisfied with the first physician he so chooses, he may make an alternative choice of physician from the panel if the choice is made within [45] 90 days after his injury. Any further change is subject to the approval of the commission or the self-insured employer.
3. Except when emergency medical care is required and except as provided in NRS 616.502, the commission or any self-insured employer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employees injury attributable to improper treatments by such physician or other person.
κ1981 Statutes of Nevada, Page 1197 (CHAPTER 560, AB 312)κ
is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employees injury attributable to improper treatments by such physician or other person.
4. The commission and the commissioner of insurance, jointly, may order necessary changes in a panel of physicians, and may suspend or remove any physician from a panel of physicians.
Sec. 5. NRS 616.355 is hereby amended to read as follows:
616.355 Any physician, having attended an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. [or the commission when it so directs.] A physician who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians. These fees must be paid by the commission or the self-insured employer. Information gained by the attending physician [or surgeon,] while in attendance on the injured employee [,] is not a privileged communication if required by an appeals officer [or the commission] for a proper understanding of the case and a determination of the rights involved.
Sec. 6. NRS 616.377 is hereby amended to read as follows:
616.377 1. If an employee who has been fired and who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the employee may elect to receive compensation under the provisions of this chapter by:
(a) Filing a written notice of his election with the commission; and
(b) Making an irrevocable assignment to the commission of his right of action against the uninsured employer.
2. Any employer who has failed to provide mandatory coverage required under the provisions of this chapter [shall] does not escape liability in any action brought by the employee or the commission by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.
3. A self-insured employer must bear a proportionate amount of a claim made pursuant to this chapter, and is entitled to a proportionate amount of the assignment made pursuant to this section.
Sec. 7. NRS 616.535 is hereby amended to read as follows:
616.535 1. Any employee who is entitled to receive compensation under this chapter [is required, if requested] shall, if:
(a) Requested by the commission, a self-insured employer, an employer who provides coverage by a private plan specified in subsection 2 of NRS 616.255 or the commissioner of insurance; or [ordered]
(b) Ordered by an appeals officer or a hearing officer, [to]
submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the commission [.] , or of the commissioner of insurance if the employer is self-insured.
2. The request or order for the examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.
κ1981 Statutes of Nevada, Page 1198 (CHAPTER 560, AB 312)κ
place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.
3. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.
4. If the employee refuses to submit to any such examination or obstructs it, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.
5. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.
Sec. 8. NRS 616.5422 is hereby amended to read as follows:
616.5422 1. Any party aggrieved by a decision of the hearing officer may appeal the decision by filing a notice of appeal with an appeals officer within [60] 30 days after the date of the decision.
2. The appeals officer shall, within [5] 10 days after receiving a notice of appeal, schedule a hearing for a date and time within 60 days after his receipt of the notice and give notice by mail or by personal service to all parties to the appeal and their attorneys at least 30 days before the date and time scheduled.
3. An appeal may be continued upon written stipulation of all parties, or upon good cause shown, but not for more than 45 days after the date of the stipulation. Notice of continuance must be given by mail or by personal service to all interested parties.
Sec. 9. NRS 616.545 is hereby amended to read as follows:
616.545 1. If change of circumstances warrants an increase or rearrangement of compensation [,] during the life of an injured workman, application [shall] may be made therefor. The application [shall] must be accompanied by the certificate of a physician [,] showing a change of circumstances which would warrant an increase or rearrangement of compensation. No increase or rearrangement [shall be operative for any period prior to application therefor; but the] is effective before the application is made unless good cause is shown. The commission [may] , a self-insured employer or an employer who provides coverage by a private plan specified in subsection 2 of NRS 616.255 shall, upon good cause shown, allow the cost of emergency treatment, the necessity for which has been certified [to] by a physician. [and upon receipt of such other evidence as may be required by the commission.]
2. [No application shall be valid or claim thereunder enforceable unless filed within 1 year after the day upon which the injury occurred or the right thereto accrued.] After a claim has been closed, the commission, a self-insured employer or an employer who provides coverage by a private plan specified in subsection 2 of NRS 616.255, upon receiving an application and for good cause shown, may authorize reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the claimants physician, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.
Sec. 10. NRS 616.565 is hereby amended to read as follows:
616.565 1. No compensation under this chapter may be allowed for an injury:
κ1981 Statutes of Nevada, Page 1199 (CHAPTER 560, AB 312)κ
(a) Caused by the employees willful intention to injure himself.
(b) Caused by the employees willful intention to injure another.
(c) [Sustained by the employee while intoxicated.] Proximately caused by the employees intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2. No compensation is payable for the death, disability or treatment of an employee if his death [be] is caused by, or insofar as his disability may be aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
3. If any employee persists in insanitary or injurious practices which tend to either imperil or retard his recovery, or refuses to submit to such medical or surgical treatment as is reasonably essential to promote his recovery, [the] his compensation [of any such injured employee] may be reduced or suspended.
________
Senate Bill No. 151Senator Jacobsen
CHAPTER 561
AN ACT relating to the state militia; increasing minimum daily compensation for active duty; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.124 is hereby amended to read as follows:
412.124 1. The adjutant general, with the approval of the governor, may order members of the Nevada National Guard to active duty. Members, while on [such duty, shall] active duty, are entitled to receive the pay and allowances of their corresponding grades in the Armed Forces of the United States, but in no case [shall such] may the pay and allowances be less than [$30] $50 per day.
2. Members of the Nevada National Guard serving on courts-martial, courts of inquiry, efficiency boards, medical boards, or other special duty requiring absence from their stations or business under competent orders may be reimbursed for necessary expenses incurred at the rate established for state employees by NRS 281.160.
3. In lieu of other provisions of this chapter, a medical examiner may be paid for his services and necessary disbursements and a properly appointed judge advocate may be paid for legal services and necessary disbursements in any suit, action or proceedings such amounts as [shall be] are approved by the governor.
4. Members of the Nevada National Guard [shall] may not receive from the state the pay or the pay and allowances provided for by this section when eligible for [such] similar pay and allowances from federal funds.
5. Members of the Nevada National Guard may with their consent perform without pay or without pay and allowances any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority; but necessary traveling expenses, subsistence and per diem allowances may be furnished [such] the members within the discretion of the adjutant general and within the amount appropriated therefor.
κ1981 Statutes of Nevada, Page 1200 (CHAPTER 561, SB 151)κ
perform without pay or without pay and allowances any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority; but necessary traveling expenses, subsistence and per diem allowances may be furnished [such] the members within the discretion of the adjutant general and within the amount appropriated therefor.
6. All pay and allowances provided for by this chapter, except per diem, mileage and expenses while traveling under orders [shall be] are subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of or injury to state or United States property or funds for which a member of the Nevada National Guard is responsible or accountable where [such] the responsibility has been fixed by competent authority.
________
Senate Bill No. 342Committee on Government Affairs
CHAPTER 562
AN ACT relating to the state public works board; authorizing the design and construction of projects of capital improvement under a single contract; authorizing the advance planning of projects of capital improvement; removing a limitation upon change orders; changing requirements concerning contracts for consulting services and for the assistance of a contractor in the design of projects; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may, with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, let to a contractor licensed under chapter 624 of NRS a single contract for both the design and construction of a project of capital improvement. The board shall for that purpose prepare a comprehensive sketch plan and narrative of the scope of the work involved in a project.
2. The board shall adopt regulations establishing procedures for:
(a) The determination of the qualifications of contractors to bid for contracts for the design and construction of such projects. The board shall consult with the American Institute of Architects and the Associated General Contractors, or the successor of either if the named organization ceases to exist, before adopting procedures under this paragraph.
(b) The boards approval of designs and architects employed in a project.
(c) The bidding and awarding of contracts for the design and construction of projects based on a final cost of the project which the contractor guarantees will not be exceeded.
κ1981 Statutes of Nevada, Page 1201 (CHAPTER 562, SB 342)κ
(d) The scheduling and controlling of projects.
Sec. 2. NRS 341.090 is hereby amended to read as follows:
341.090 [The] 1. Except as provided in subsections 2 and 3, the board may make expenditures necessary to carry into effect the purposes of its acts. [However, all]
2. All expenditures made by the board [shall] must be within the limits of the appropriation provided for the use of the board, or provided from [funds] money appropriated or authorized for expenditure by the legislature for construction work or major repairs.
3. The board may, with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, expend money obtained from any source for advance planning of projects of capital improvement. For the purposes of this subsection, advance planning means the preparation of floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project.
Sec. 3. NRS 341.150 is hereby amended to read as follows:
341.150 1. The state public works board shall furnish engineering and architectural services to [all] the University of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except:
(a) Highway maintenance buildings; and
(b) Improvements, other than buildings, made in state parks by the state department of conservation and natural resources.
[All such] The board of regents of the University of Nevada and all other such departments, boards or commissions [are required and authorized to use these] shall use those services.
2. The services must consist of:
(a) Preliminary planning.
(b) Designing.
(c) Estimating of costs.
(d) Preparation of detailed plans and specifications.
The board may, with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The board may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate [funds.] money. The costs must not exceed the limitations that are or may be provided by the legislature.
3. The board:
κ1981 Statutes of Nevada, Page 1202 (CHAPTER 562, SB 342)κ
(a) Has final authority for approval as to the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
(b) Shall solicit bids for and let all contracts for new construction or major repairs.
(c) May negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:
(1) The bid is less than the appropriation made by the legislature for that building project; and
(2) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.
(d) May reject any or all bids.
(e) After the contract is let, [may] shall supervise and inspect construction [or] and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the legislature.
(f) May authorize change orders, before or during construction [, not] :
(1) In any amount, where the change represents a reduction in the awarded contract price.
(2) Not to exceed in the aggregate 10 percent of the total awarded contract price [.] , where the change represents an increase in that price.
(g) Has final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.
(h) Shall establish such funds for projects of capital construction as are necessary to account for the program of capital construction approved by the legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the [public works] board.
Sec. 4. NRS 341.155 is hereby amended to read as follows:
341.155 [1. It is expressly prescribed to be the duty of the board of regents of the University of Nevada to use the services of the state public works board, as provided in NRS 341.150, for the construction of all buildings, the money for which is appropriated by the legislature, upon the real property of the university.
2.] With the concurrence of the board [of regents of the University of Nevada, the state public works board] , the board of regents of the University of Nevada and any other state department, board or commission may enter into agreements with persons, associations or corporations to provide [to the University of Nevada System educational] consulting services [relating to the determination of the future needs and the planning of necessary programs and facility needs at the university.
3. Any such contracts shall] to determine and plan the construction work that may be necessary to meet the needs of the programs of those agencies. These contracts must be for a term not exceeding 5 years and [shall] must provide for payment of a fee for [such] those services not to exceed one half of 1 percent of the total value of:
κ1981 Statutes of Nevada, Page 1203 (CHAPTER 562, SB 342)κ
1. In the case of the University of Nevada, building construction contracts relating to the construction of university campus facilities;
2. In the case of another state department, board or commission, all construction contracts relating to construction for that agency,
during the term and in the area covered by the contract.
Sec. 5. NRS 341.270 is hereby amended to read as follows:
341.270 1. The board may [utilize contractors properly licensed under chapter 624 of NRS for construction management services on capital improvement projects, which are financed in part by the Federal Government, if such services are required by any department or agency of the Federal Government.] , with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, let to a contractor licensed under chapter 624 of NRS a contract for services which assist the architect in the design of a project of capital improvement. The board shall for that purpose participate in the development of plans, outlines of specifications and estimates of costs.
2. The board shall adopt regulations establishing procedures for:
(a) The [prequalifying] determination of the qualifications of contractors to bid for [construction management services;] contracts for services described in subsection 1.
(b) The bidding and awarding of [construction management service contracts;] such contracts, subject to the provisions of subsection 3.
(c) The awarding of construction contracts [based on a guaranteed maximum cost; and] , subject to the provisions of subsection 4, based on a final cost of the project which the contractor guarantees will not be exceeded.
(d) The scheduling and controlling of projects.
3. [A person furnishing construction management services] Bids on contracts for services which assist the architect in the design of a project of capital improvement must state separately the contractors cost for:
(a) Assisting the architect in the design of the project.
(b) Obtaining all bids for subcontracts.
(c) Administering the construction contract.
4. A contractor who is:
(a) Qualified under the regulations of the board to bid for a contract for services described in subsection 1; and
(b) Awarded that contract,
is entitled to be awarded the construction contract for the project if his work under the contract for services is satisfactory to the board and he guarantees a final cost for the project which the board is willing to accept.
5. A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in Title 28 of NRS.
Sec. 6. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 1204κ
Senate Bill No. 10Senators Keith Ashworth and Jacobsen
CHAPTER 563
AN ACT relating to lobbyists; making administrative changes in the laws requiring their registration and reporting; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.914 is hereby amended to read as follows:
218.914 [Official member] Member of the legislative branch means any member of the legislature, [staff person,] member of his staff, assistant, employee or other person employed with reference to the legislative duties of the legislator.
Sec. 2. NRS 218.916 is hereby amended to read as follows:
218.916 Person [means a natural person or] includes a group of persons acting in concert [.] , whether or not formally organized.
Sec. 3. NRS 218.920 is hereby amended to read as follows:
218.920 The registration statement of a lobbyist [shall] must contain the following information:
1. The registrants full name, permanent address, place of business and temporary address while lobbying.
2. The full name and complete address of each person, if any, by whom the registrant is retained or employed or on whose behalf the registrant appears. [If the person is other than a natural person, there shall be included a listing of the officers and board of directors.]
3. A listing of any direct business associations or partnerships with any current member of the legislature.
4. A description of the principal areas of interest on which the registrant expects to lobby.
5. If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.
6. A [sworn] declaration under penalty of perjury that none of the registrants compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.
Sec. 4. NRS 218.930 is hereby amended to read as follows:
218.930 1. The director shall:
[1.] (a) Inspect each statement and report filed within 10 days after its filing.
[2.] (b) Immediately notify the person who has filed:
[(a)] (1) If the information filed does not conform to law.
[(b)] (2) If a written complaint has been filed with the director by any person alleging an irregularity or lack of truth as to the information filed.
[3. Notify] 2. The director may notify any person of the filing requirement who the director has reason to believe has failed to file any statement or report as required.
Sec. 5. NRS 218.932 is hereby amended to read as follows:
218.932 1. The legislative commission shall adopt regulations to carry out the provisions of NRS 218.900 to 218.944, inclusive [.] , may require fees for registration, payable into the legislative fund, and may classify lobbyists for this purpose.
κ1981 Statutes of Nevada, Page 1205 (CHAPTER 563, SB 10)κ
require fees for registration, payable into the legislative fund, and may classify lobbyists for this purpose.
2. The director shall:
(a) Prepare and furnish forms for the statements and reports required to be filed.
(b) Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports.
(c) Accept and file any information voluntarily supplied that exceeds the requirements of NRS 218.900 to 218.944, inclusive.
(d) Develop a filing, coding and cross-indexing system consistent with the purposes of NRS 218.900 to 218.944, inclusive.
(e) Make the statements and reports available for public inspection during regular office hours.
(f) Preserve the statements and reports for a period of 5 years from the date of filing.
(g) Compile and keep current an alphabetical list of registrants, including their address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which he expects to lobby. A copy of the list must be furnished to each legislator, [and] to the clerks of the respective counties for preservation and public inspection [.] , and to any person who requests a copy and pays the cost of reproduction.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 594Committee on Finance
CHAPTER 564
AN ACT relating to the judicial department; increasing the amount of benefits for surviving spouses of justices and district judges; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of [$500] $600 per month.
2. To obtain [such] these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
κ1981 Statutes of Nevada, Page 1206 (CHAPTER 564, SB 594)κ
3. It is the intent of this section that no special fund be created for the purpose of paying [such] these benefits, and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund [now or hereafter] created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 2. NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of [$500] $600 per month.
2. To obtain [such] these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
3. It is the intent of this section that no special fund be created for the purpose of paying [such] these benefits, and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund [now or hereafter] created for the purpose of paying pension benefits to district judges.
________
Senate Bill No. 142Committee on Human Resources and Facilities
CHAPTER 565
AN ACT relating to venereal diseases; changing the definition of venereal disease; removing the quarantine power of the board of health; allowing for the disclosure of information in cases of child abuse or neglect; requiring a serological test in the third trimester of pregnancy; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 441.050 is hereby amended to read as follows:
441.050 As used in this chapter, venereal disease includes syphilis, gonorrhea, chancroid, lymphogranuloma inguinale, granuloma inguinale [, yaws] or any other [recognized venereal disease.] disease which can be sexually transmitted.
Sec. 2. NRS 441.080 is hereby amended to read as follows:
441.080 The board [shall have the power:
1. To promulgate such rules and] may:
1. Adopt such regulations as are necessary to effectuate the control, prevention and sure of venereal diseases in this state.
2. [To prescribe reasonable rules and] Adopt regulations and prescribe methods for the treatment of such diseases.
κ1981 Statutes of Nevada, Page 1207 (CHAPTER 565, SB 142)κ
[3. To promulgate all necessary rules and regulations providing for the quarantine of any diseased persons, where such quarantine appears to the board to be reasonably necessary to carry out the provisions of this chapter.]
Sec. 3. NRS 441.090 is hereby amended to read as follows:
441.090 1. The health division may:
(a) Establish and support such clinics [,] and dispensaries [and prophylactic stations as may from time to time] as in its judgment appear reasonably necessary for the control, prevention and cure of venereal diseases in this state.
(b) Provide financial or other assistance to [such clinics, dispensaries and prophylactic stations as already are or may be] the clinics and dispensaries which are established.
2. The board [shall have the power to prescribe] may adopt such reasonable [rules and] regulations for the conduct of [such clinics, dispensaries or prophylactic stations] those clinics and dispensaries as appear to the board to be reasonably necessary.
Sec. 4. NRS 441.210 is hereby amended to read as follows:
441.210 [No person making any of the reports mentioned in NRS 441.110 nor any other person shall disclose to any person the name or address of any diseased person] The disclosure to any person of the name or address of any diseased person is unlawful except:
1. Where [such] the disclosure is authorized or required by this chapter.
2. In prosecutions for violations of this chapter.
3. In mandamus proceedings authorized by this chapter.
4. In reporting an apparently abused or neglected child, but no other information may be disclosed.
Sec. 5. NRS 441.230 is hereby amended to read as follows:
441.230 [1. No person having any venereal disease in an infectious state shall:
(a) Act as a bartender, soft-drink dispenser or dishwasher.
(b) Engage in the preparation or serving of any foodstuffs.
(c) Engage in nursing, or caring for children or sick persons.
(d) Engage in any other occupation of such a nature that his infection may be transmitted to others.
2. Whenever it appears to the board to be reasonably necessary for the purpose of carrying out the provisions and intent of this chapter to forbid diseased persons from engaging in any calling other than those mentioned in subsection 1, the board is empowered to promulgate rules and regulations designating such callings and forbidding such diseased persons to engage in such callings.] A person having a venereal disease which is in an infections state shall not engage in an occupation of such a nature that his infection may be transmitted to others. The board may adopt regulations which designated these occupations.
Sec. 6. NRS 442.010 is hereby amended to read as follows:
442.010 1. [Every physician] Except as provided in subsection 5, every:
(a) Physician attending a pregnant woman during gestation for conditions relating to her pregnancy shall make [such] an examination, [of such woman,] including a standard serological test, [as may be necessary] for the discovery of syphilis.
κ1981 Statutes of Nevada, Page 1208 (CHAPTER 565, SB 142)κ
such woman,] including a standard serological test, [as may be necessary] for the discovery of syphilis. He shall take or cause to be taken a sample of blood of [such woman at the time of first examination and] the woman during the third trimester and shall submit [such] the sample to a qualified laboratory for a standard serological test for syphilis.
[2. Every person]
(b) Person permitted by law to attend upon pregnant women, but not permitted by law to make blood tests in Nevada, shall cause a sample of the blood of [such] the pregnant woman to be taken during the third trimester by a duly licensed physician and submitted to a qualified laboratory for a standard serological test for syphilis.
[3.] 2. A qualified laboratory is one approved by the state board of health. A qualified serological test for syphilis is one recognized as such by the state board of health.
[4.] 3. If [such] the test is made in a state laboratory, it [shall] must be made without charge.
[5.] 4. If [such] the serological or physical examination test [shall show] shows the pregnant woman is infected with syphilis, she immediately shall commence treatment for [such] syphilis and shall continue [such] treatment until discharged by a licensed physician.
5. If the pregnant woman objects to the taking of the sample of blood or the serological test because the test is contrary to the tenets or practices of her religion, the sample must not be taken and the test must not be performed.
Sec. 7. NRS 441.330 is hereby repealed.
________
Senate Bill No. 256Committee on Judiciary
CHAPTER 566
AN ACT relating to procedure in criminal cases; adding to the scope of presentence reports and providing for their confidentiality; permitting certain use of juvenile records without a court order; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.145 is hereby amended to read as follows:
176.145 The report of the presentence investigation must contain:
1. Any prior criminal record of the defendant;
2. Such information about his characteristics, his financial condition, [and] the circumstances affecting his behavior and the circumstances of the offense as may be helpful in imposing sentence, [or] in granting probation or in the correctional treatment of the defendant;
3. Information concerning the effect that the crime committed by the defendant has had upon the victim, including but not limited to any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;
κ1981 Statutes of Nevada, Page 1209 (CHAPTER 566, SB 256)κ
extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;
4. A recommendation of a definite term of confinement [,] or an amount of fine or both; and
5. Such other information as may be required by the court.
The probation service may include in the report such information, without limitation, as it believes will be helpful in imposing sentence, in granting probation or in correctional treatment.
Sec. 2. NRS 176.156 is hereby amended to read as follows:
176.156 1. The court shall disclose to the district attorney, [to] the counsel for the defendant and [to] the defendant [,] the factual content of the report of the presentence investigation and the recommendations of the probation service and afford an opportunity to each party to [comment thereon.] object to factual errors and comment on the recommendations.
2. [The sources of confidential information shall not be disclosed.] Except for the disclosures required by subsection 1, the report and its sources of information are confidential and must not be made a part of any public record.
Sec. 3. NRS 62.270 is hereby amended to read as follows:
62.270 1. The court shall make and keep records of all cases brought before it. [Except for records of traffic violations forwarded to the department of motor vehicles, the records shall be open]
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein [.] except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles; and
(b) Records which have not been sealed and are required by the department of parole and probation for preparation of presentence reports pursuant to NRS 176.135.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
[2.] 4. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to [such] the civil action may petition the court for release of the [name of the child,] childs name, and upon satisfactory showing to the court that the purpose in obtaining [such] the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the childs name [of such child] and authorize its use in [such] the civil action.
Sec. 4. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
κ1981 Statutes of Nevada, Page 1210κ
Senate Bill No. 272Committee on Judiciary
CHAPTER 567
AN ACT relating to controlled substances; permitting the imposition of a fine where imprisonment is suspended for certain first offenders; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 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) For a second offense, if the controlled substance is listed in 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 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 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 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
κ1981 Statutes of Nevada, Page 1211 (CHAPTER 567, SB 272)κ
(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.
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] impose sentence, including a fine, suspend imprisonment, seal the record 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.] The record of a person sentenced under subsection 6 which has been sealed by the court may remain sealed until:
(a) The defendant fulfills all of the terms and conditions imposed by the court and by his probation officer, when the record may be expunged; or
κ1981 Statutes of Nevada, Page 1212 (CHAPTER 567, SB 272)κ
the court and by his probation officer, when the record may be expunged; or
(b) His probation is revoked and the sentence is executed.
[9.] 8. There may be only one [discharge and dismissal under this section] suspension of sentence under subsection 6 with respect to any person.
Sec. 2. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.
________
Senate Bill No. 570Committee on Government Affairs
CHAPTER 568
AN ACT relating to public records; broadening the methods by which the records of a local government may be destroyed; removing a time limitation; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 239.120 is hereby amended to read as follows:
239.120 1. A district court may direct the sheriff of any county within the judicial district to destroy [, by burning in the presence of the court,] ballots, notes taken by official reporters, county warrants and such other obsolete papers and records of no further legal effect as the court may designate. [after a period of 6 years after the filing of them.]
2. Before any papers or records mentioned in this section are destroyed, [by burning,] the division of archives must be notified and its representatives may select any such papers or records for retention in the archives.
Sec. 2. This act shall become effective on January 1, 1982.
________
Senate Bill No. 412Committee on Human Resources and Facilities
CHAPTER 569
AN ACT relating to planning for health care; conforming certain statutes to federal law; revising certain provisions on appointments to and composition of the state health coordinating council; prohibiting members from voting if certain relationships exist; expanding the councils duties; authorizing the department of human resources to impose fees on applicants for approval of certain projects; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 439A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
κ1981 Statutes of Nevada, Page 1213 (CHAPTER 569, SB 412)κ
Sec. 2 Council means the state health coordinating council.
Sec. 3. Department means the department of human resources.
Sec. 4. Director means the director of the department.
Sec. 5. Direct provider of health services means:
1. Any person, including a physician, physicians assistant, dentist, nurse, podiatrist or optometrist, who holds a license issued by an agency of this state to provide health services and whose primary activity is providing those services, and any other person who is employed by or works under the supervision of a physician.
2. Any person whose primary occupation is the administration of a health facility or a health maintenance organization.
Sec. 6. Federal Act means 42 U.S.C. §§ 300k to 300t, inclusive.
Sec. 7. Health facility means a facility in which health services are provided. The term includes a:
1. Facility for rehabilitation of inpatients;
2. Facility for treatment of end-stage renal disease;
3. Freestanding unit for hemodialysis;
4. Home health agency;
5. Hospital;
6. Institution for treatment of tuberculosis;
7. Intermediate care facility;
8. Psychiatric hospital;
9. Skilled nursing facility; or
10. Surgical center for ambulatory patients.
Sec. 8. Health maintenance organization has the meaning ascribed to it in subsection 7 of NRS 695C.030.
Sec. 9. Health services means the care and observation of patients, the diagnosis of human diseases, the treatment and rehabilitation of patients, or related services. The term includes treatment of patients for alcohol or drug abuse, services related to mental health and diagnostic services performed with a computed tomographic scanner.
Sec. 10. Health systems agency means an organization in this state which has been designated as a health systems agency by the Federal Government.
Sec. 11. Office of health planning and resources means an office of health planning and resources established within the department.
Sec. 12. For the purposes of NRS 439A.030, a person shall be deemed to be a provider of health services if he:
1. Is engaged in issuing policies or contracts of individual or group health insurance or hospital or medical service benefits;
2. Has a fiduciary interest, other than as a member of the governing body, in any entity which engages in:
(a) Research into, instruction in or provision of health services; or
(b) Production or supply of drugs or medical equipment;
3. Receives (directly or through his spouse) more than one-fifth of his gross annual income from any one or a combination of the following:
(a) Research into, instruction in or provision of health services;
(b) An entity engaged in research into, instruction in or provision of health services;
κ1981 Statutes of Nevada, Page 1214 (CHAPTER 569, SB 412)κ
(c) Production or supply of drugs or other articles for use in research into, instruction in or provision of health services; or
(d) An entity engaged in the production or supply of drugs or medical equipment; or
4. Is a member of the immediate family of a person described in subsection 2 or 3, or section 5 of this act.
Sec. 13. 1. A member of the council shall not vote on any matter affecting an applicant if, within the previous 12 months, the member:
(a) Has been employed by or served as a fiduciary for the applicant;
(b) Has served on the applicants medical staff;
(c) Has had a financial interest, as defined in subsection 4 of NRS 281.431, in the applicant;
(d) Has been a creditor of the applicant; or
(e) Has been a contractor or consultant for the applicant.
2. The member shall make a written disclosure to the council of such a relationship or interest before the council takes any action on the matter, and the council shall make a public disclosure of the relationship or interest at each meeting in which the matter is to be considered.
Sec. 14. NRS 439A.010 is hereby amended to read as follows:
439A.010 As used in this chapter [:
1. Council means the state health coordinating council.
2. Department means the department of human resources.
3. Federal Act means 42 U.S.C. §§ 300k to 300t, inclusive.
4. Health services means services related to clinical treatment, such as diagnosis, rehabilitation, treatment of alcohol or drug abuse, services related to mental health, and the care of renal disease in its final stage.
5. Health systems agency means an organization in this state which has been designated as a health systems agency by the Federal Government.] , unless the context otherwise requires, the words and terms defined in sections 2 to 11, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 15. NRS 439A.030 is hereby amended to read as follows:
439A.030 1. The council consists of at least 16 representatives appointed by the governor from the respective health systems agencies.
2. Each health systems agency is entitled to the same number of representatives, no fewer than two, on the council. Of the representatives of each health systems agency, not less than 50 nor more than 60 percent [shall] must be persons who are [consumers of health care] recipients of health services and not providers of health [care. In addition, the] services.
3. The governor may appoint such an additional number of persons to serve on the council as he deems appropriate, except [:] that:
(a) The number of additional persons appointed to the council may not exceed 40 percent of the total membership of the council; [and]
(b) If areas exist which have a shortage of health services, the additional persons must include one or more representatives of the residents in those areas; and
(c) A majority of the additional persons appointed by the governor [shall be consumers of health care] must be recipients of health services who are not also providers of health [care.
κ1981 Statutes of Nevada, Page 1215 (CHAPTER 569, SB 412)κ
who are not also providers of health [care. Not less than one-third] services.
4. At least one-half of the providers of health [care] services who are members of the council [shall] must be direct providers of health [care. If two] services.
5. If one or more hospitals or other health care facilities of the Veterans Administration are located in the state, the council shall, in addition to the appointed members, include as [an ex officio] a nonvoting member a person whom the Chief Medical Director of the Veterans Administration designates as a representative of such a facility or facilities.
[2.] 6. The council shall select a chairman from among its members.
[3.] 7. The council shall [conduct all business meetings in public and shall] meet at least once in each calendar quarter of a year.
Sec. 16. NRS 439A.040 is hereby amended to read as follows:
439A.040 1. [After the initial terms, the term of office for each member of the council is 3 years.] A member of the council may not serve more than two consecutive terms.
2. Upon the expiration of the term of a representative of a health systems agency on the council or the occurrence of a vacancy in his office, the agency shall submit to the governor at least two nominees and the governor shall appoint one of those nominees as the representatives successor or replacement. No person may be appointed to alternate membership on the council.
3. Members of the council are not entitled to compensation but are entitled to reimbursement for any actual and necessary expenses incurred in connection with their duties as members of the council, at the rate prescribed by law for state officers and employees.
Sec. 17. NRS 439A.060 is hereby amended to read as follows:
439A.060 The council shall:
1. Prepare a state health plan, [and periodically] review it at least triennially and make any necessary revisions. The council shall conduct a public hearing on any proposed state health plan before approving it.
2. [Coordinate the plans of the health systems agencies and annually review and comment on these plans and the agencies budgets.
3. Review applications for federal grants for which provision is made in the Federal Act and regulations adopted pursuant thereto.
4.] After consultation with the health systems agencies and the director or office of health planning and resources, establish a uniform format for health plans of the health systems agencies.
3. At least triennially, review the health plans of the health systems agencies and require such revisions to those plans as may be necessary to make them consistent with the state health plan.
4. Annually review the agencies budgets and their annual plans for achieving the goals stated in their health plans.
5. Whenever review or recommendation is required as a condition of receiving benefits under the Federal Act, conformably review and recommend approval or disapproval of applications for federal grants and any plans which must be submitted with those applications.
κ1981 Statutes of Nevada, Page 1216 (CHAPTER 569, SB 412)κ
6. Advise the department concerning state health planning functions.
In developing and revising any state plan in connection with federal assistance for health programs, the council shall consider, among other things, the amount of money available from the Federal Government for those programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for those programs.
Sec. 18. NRS 439A.081 is hereby amended to read as follows:
439A.081 1. The department shall act as the state health planning and development agency for the purposes of the Federal Act. As that state agency, the department: [shall:]
(a) [Carry] Shall carry out the state administrative program and perform the state health planning and development functions prescribed in the Federal Act; [and]
(b) [Consult] Shall consult with and assist the council [,
and may] ; and
(c) May accept and disburse money granted by the Federal Government pursuant to the Federal Act.
2. The director [of the department] may establish within the department an office of health planning and resources, consisting of employees in the classified service, which shall:
(a) Perform health planning functions and develop health resources for the state.
(b) Carry out the functions of the department as the state agency under the Federal Act.
3. The department may:
(a) Adopt such regulations as are necessary to carry out the provisions of this chapter.
(b) By regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of any such fees must be based upon the departments costs of examining and acting upon the applications.
(c) Require providers of health [care] services doing business in the state to make statistical and other reports appropriate to the performance of its duties under this chapter. The information required to be included in the reports must be mutually agreed upon by the [office of health planning and resources,] director, the health systems agencies and representatives of the providers of health care who are affected.
Sec. 19. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. No person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for [changes in the number of beds or types of services offered by a hospital, ambulatory surgical care center, skilled nursing facility, intermediate care facility or home health agency without an approval in writing from] any project described in subsection 2 unless the director [of the department or its office of health planning and resources.] has issued such an approval.
2. The [situations in] projects for which this approval is required [include:
κ1981 Statutes of Nevada, Page 1217 (CHAPTER 569, SB 412)κ
(a) The construction, development or other establishment of a new health care facility or health maintenance organization;] are as follows:
[(b) Any] (a) Any proposed expenditure by or on behalf of a health [care] facility or health maintenance organization in excess of $150,000, or such an amount as the department may specify [in regulations adopted pursuant to this chapter,] by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;
[(c)] (b) A [change in] proposed capital expenditure which changes the number of existing beds in a [hospital, skilled nursing facility, intermediate care facility, end-stage renal disease treatment facility or health maintenance organization] health facility through the addition or removal of ten or more beds or a number of beds equal to 10 percent of the licensed capacity of that facility or organization, whichever is less, or the relocation from one physical facility to another or from one category of service (medical, surgical, obstetrical or psychiatric) to another of ten or more beds or a number of beds equal to 10 percent of the licensed capacity of that facility, whichever is less, over a period of 2 years; [and
(d) The offering of health services which are described in the standard categories of medical or surgical, obstetrics, pediatrics, neonatal intensive care, critical care, psychiatric, tuberculosis, mentally retarded, childrens orthopedics, rehabilitation, skilled nursing facility, skilled nursing facility combined with an intermediate care facility, intermediate care facility for mental retardation, special treatment facility, outpatient and clinic services, emergency room services, prevention and detection, physical medicine, vocational and disability services, outpatient surgery, diagnostic radiology, nuclear medicine, ultra sound, laboratory services, pharmacy, social services, home health agency, drug rehabilitation, alcohol rehabilitation, free-standing health screening centers, free-standing mental health centers, free-standing family planning clinics, dentistry, ambulance service, renal dialysis, cardiac catheterization, burn center, neurosurgery, open heart surgery, organ transplant, therapeutic radiation, organ bank, blood bank, hemophilia services, which were]
(c) The proposed addition of any health service to be offered in or through a health facility or health maintenance organization, if the addition:
(1) Involves a capital expenditure for a service which was not offered on a regular basis in or through [a health care] the facility [, home health agency or health maintenance] or organization during the previous 12 months [before the time such services would be offered. If any health care facility, home health agency or health maintenance organization is currently providing one or more services within a standard category of services, the addition to that existing service within that standard category does not constitute a change of service requiring an approval, except that any] ; or
(2) Would entail an annual operating expenditure in excess of [$150,000, which under generally accepted accounting principles applied as a capital expenditure, must be reviewed. The services within each standard category of service may be further defined in regulations adopted pursuant to this chapter.] $75,000, or such an amount as the department may specify by regulation;
κ1981 Statutes of Nevada, Page 1218 (CHAPTER 569, SB 412)κ
(d) A proposed capital expenditure to be made by a health facility or health maintenance organization for the purpose of terminating a health service which was offered in or through the facility or organization;
(e) The proposed acquisition of any medical equipment which would cost more than $150,000, or such an amount as the department may specify by regulation, and which would be owned by or located at a health facility;
(f) The proposed acquisition of any item of medical equipment which would cost more than $150,000, or such an amount as the department may specify by regulation, which would not be owned by or located at a health facility, if the owner does not, within a period specified by regulation of the department, notify it of his intention to purchase the equipment, or the department finds within 30 days after the date it receives such notice that the equipment will be used to provide services for inpatients of hospitals on more than an occasional basis; and
(g) The acquisition of an existing health facility if:
(1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or
(2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds or the health services offered.
As used in this subsection, medical equipment includes an item of equipment to be purchased by a clinical laboratory if the laboratory is owned or controlled by a physician or hospital. If the medical equipment consists of a computed tomographic scanner, a head and a body scanner shall be deemed to provide different services and a fixed and a mobile scanner shall be deemed to provide different services.
3. Upon [receipt of] receiving an application for [the] approval, the director or office shall consider any recommendation of a health systems agency. A decision to approve or disapprove the application must generally be based on the need for services, utilizing criteria, established by the department by regulation, which are consistent with the purposes set forth in NRS 439A.020 and with the goals and priorities of the health plans developed pursuant to the Federal Act.
4. The department may, by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds or in their category of service as provided in paragraph (b) of subsection 2 or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.
Sec. 20. NRS 432A.190 is hereby amended to read as follows:
432A.190 The bureau may deny an application for a license or may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of this chapter or of any other law of this state or of the standards and other regulations adopted thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
κ1981 Statutes of Nevada, Page 1219 (CHAPTER 569, SB 412)κ
of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
[5. Failure of the applicant to obtain written approval from the director of the department or its office of health planning and resources, as required by NRS 439A.100, or as provided in any regulation adopted pursuant to this chapter.]
Sec. 21. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as provided in subsections 3 and 4, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the time period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not denied within the 15-day period is approved.
(c) The proposed acceptance of any gift or grant which does not qualify under paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not denied within the 45-day period is approved.
3. In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the state;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
4. A state agency may accept:
(a) Gifts not exceeding $10,000 each in value; and
(b) Government grants not exceeding $50,000 each in value,
if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.
κ1981 Statutes of Nevada, Page 1220 (CHAPTER 569, SB 412)κ
of the budget division of the department of administration, the specific approval of the chief.
5. This section does not apply to [the] :
(a) The Nevada industrial commission [or the] ;
(b) The University of Nevada System [.] ; or
(c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.
Sec. 22. NRS 449.160 is hereby amended to read as follows:
449.160 The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of NRS 449.001 to 449.245, inclusive, or of any other law of this state or of the standards, rules and regulations promulgated thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
5. Failure of the applicant to obtain written approval from the director of the department of human resources [or its office of health planning and resources,] as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter.
________
Senate Bill No. 604Committee on Judiciary
CHAPTER 570
AN ACT relating to real property; removes requirement of marginal notation by county recorder when real property is sold on execution; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 21.220 is hereby amended to read as follows:
21.220 1. If property be so redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption with 2 percent thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid thereon after the redemption by him, with interest on [such] that amount, and in addition the amount of any liens held by the last redemptioner prior to his own, with interest; but the judgment under which the property was sold need not be so paid as a lien.
2. The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within 60 days after the last redemption, on paying the sum paid on the last previous redemption, with 2 percent thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest.
κ1981 Statutes of Nevada, Page 1221 (CHAPTER 570, SB 604)κ
disposed, redeemed from any previous redemptioner within 60 days after the last redemption, on paying the sum paid on the last previous redemption, with 2 percent thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest.
3. Written notice of redemption must be given to the sheriff and a duplicate filed with the recorder of the county; and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder; and if [such notice be] the notice is not filed, the property may be redeemed without paying [such] the tax, assessment or lien.
4. If no redemption [be] is made within 1 year after the sale, the purchaser, or his assignee, is entitled to a conveyance; or, if so redeemed, whenever 60 days have elapsed and no other redemption has been made and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriffs deed; but in all cases the judgment debtor [shall have] has the entire period of 1 year from the date of the sale to redeem the property.
5. If the judgment debtor [redeem,] redeems, he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor [redeem,] redeems, the effect of the sale is terminated, and he is restored to his estate.
6. Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged or approved before an officer authorized to take acknowledgments of conveyances of real property. [Such] The certificate must be filed and recorded in the office of the recorder of the county in which the property is situated. [, and the recorder must note the record thereof:
(a) In the margin of the record of the certificate of sale.
(b) If the certificate is recorded by microfilm, as provided in NRS 239.070, in the margin of the index of the certificate of sale.]
________
Senate Bill No. 605Committee on Judiciary
CHAPTER 571
AN ACT relating to certain nonprofit corporations; transferring duty of recording certificates of incorporation from county recorders to county clerks; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 86.020 is hereby amended to read as follows:
86.020 1. Any five or more persons, who may desire to form an association for any one or more of the purposes specified in NRS 86.010, may make, sign and acknowledge, before some officer authorized by law to take the acknowledgment of deeds, a certificate [in which shall be stated:] stating:
κ1981 Statutes of Nevada, Page 1222 (CHAPTER 571, SB 605)κ
association for any one or more of the purposes specified in NRS 86.010, may make, sign and acknowledge, before some officer authorized by law to take the acknowledgment of deeds, a certificate [in which shall be stated:] stating:
(a) The corporate name of the society or association.
(b) The objects for which the [same shall be] corporation is formed.
(c) The time of its existence, which [shall] must not exceed 50 years.
(d) The number of directors, and their names, who shall manage the business of the society or association for the first 6 months.
(e) The name of the city or town in which the principal business of the society or association is to be transacted.
2. The directors of any such society or association [shall] must not be less than three nor more than five.
3. The certificate [shall] must be filed in the office of the secretary of state, and a certified copy [shall] must be filed in the office of the county [recorder] clerk of the county in which the meeting is held and the general business of [such] the society or association is to be transacted.
Sec. 2. NRS 86.030 is hereby amended to read as follows:
86.030 A copy of any certificate of incorporation, filed in pursuance of NRS 86.010 to 86.080, inclusive, and certified by the secretary of state, or the [recorder] clerk of the county in which the [same] certificate may be filed, as provided in NRS 86.020, [shall] must be received in all courts and places as prima facie evidence of the matter therein stated.
________
Assembly Bill No. 241Assemblymen Sader, Malone, Kovacs, Beyer, Stewart, Foley, Prengaman, Jeffrey, Schofield, Price and Coulter
CHAPTER 572
AN ACT relating to jurisdiction over child custody; providing a procedure for return of the child where the petitioner for a child custody decree acts wrongfully; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 125A.080 is hereby amended to read as follows:
125A.080 1. If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstances.
2. Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody.
κ1981 Statutes of Nevada, Page 1223 (CHAPTER 572, AB 241)κ
other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may decline to exercise its jurisdiction if this is just and proper under the circumstances.
3. Where the court declines to exercise jurisdiction pursuant to subsection 1, the court shall notify the parent or other appropriate person and the prosecuting attorney of the appropriate jurisdiction in the other state. Upon request of the court of the other state, the court of this state shall order the petitioner to appear with the child in a custody proceeding instituted in the other state in accordance with NRS 125A.230.
4. Where the court refused to assume jurisdiction to modify the custody decree of another state pursuant to subsection 2 or pursuant to NRS 125A.180, the court shall notify the person who has legal custody under the decree of the other state and the prosecuting attorney of the appropriate jurisdiction in the other state and may order the petitioner to return the child to the person who has legal custody. If it appears that the order will be ineffective and the legal custodian is ready to receive the child within 10 days, the court may place the child in a foster home approved by the welfare division of the department of human resources for that period, pending return of the child to the legal custodian. At the same time, the court shall advise the petitioner that any petition for modification of custody must be directed to the appropriate court of the other state which has continuing jurisdiction or, if that court declines jurisdiction, to a court in a state which has jurisdiction.
5. In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorneys fees, incurred by other parties or their witnesses.
Sec. 2. NRS 125A.230 is hereby amended to read as follows:
125A.230 1. Upon request of the court of another state the courts of this state which are competent to hear custody matters may order a person in this state to appear at a hearing to adduce evidence or to produce or give evidence under other procedures available in this state. A certified copy of the transcript of the record of the hearing or the evidence otherwise adduced [shall] must be forwarded by the clerk of the court to the requesting court.
2. A person within this state may voluntarily give his testimony or statement in this state for use in a custody proceeding outside this state.
3. Upon request of the court of another state a competent court of this state may, except when required under NRS 125A.080, order a person in this state to appear alone or with the child in a custody proceeding in another state. The court may condition compliance with the request upon the condition that travel and other necessary expenses will be advanced or reimbursed.
________
κ1981 Statutes of Nevada, Page 1224κ
Assembly Bill No. 433Assemblyman Banner
CHAPTER 573
AN ACT relating to industrial insurance; increasing compensation for certain claimants; reducing the amount of certain compensation by the amount of federal benefits received by a claimant under the social security system; and providing other matters properly relating thereto.
[Approved June 5, 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. 1. Any claimant or dependent of a claimant who is receiving compensation pursuant to this chapter for a permanent total disability but is not entitled:
(a) To an increase in that compensation pursuant to NRS 616.626; or
(b) To any disability income benefits from the federal social security system,
is entitled to an increase in that compensation by the same percentage as the increase in the state average monthly wage from the date of the claimants disabling accident or disease or from July 1, 1973, whichever is later, to July 1, 1980.
2. The increase provided by this section must not be paid for any period before July 1, 1981.
Sec. 3. 1. Any claimant who is not entitled to an increase pursuant to section 2 of this act and who receives less in disability benefits from the federal social security system and pursuant to this chapter, combined, than an amount equal to 80 percent of average current earnings established pursuant to section 224 of the Social Security Act, as amended (42 U.S.C. § 424a), is entitled to an increase in his compensation for a permanent total disability of:
(a) The increase provided pursuant to section 2 of this act; or
(b) The difference between the amount of benefits he is receiving and 80 percent of the average current earnings,
whichever is less.
2. The increase provided by this section must not be paid for any period before July 1, 1981.
Sec. 4. 1. Any widow, widower, surviving child or surviving dependent parent who is receiving death benefits pursuant to this chapter but is not entitled to an increase in those death benefits pursuant to NRS 616.628,
is entitled to an increase in those death benefits by the same percentage as the increase in the state average monthly wage from the date of the fatal accident or death caused by occupational disease or from July 1, 1973, whichever is later, to July 1, 1980.
2. The increase provided by this section must not be paid for any period before July 1, 1981.
Sec. 5. 1. If an employee who is entitled to compensation under this chapter for temporary total disability, permanent partial disability or permanent total disability becomes entitled to federal disability insurance benefits under section 202 or 223 of the Social Security Act, as amended (42 U.S.C.
κ1981 Statutes of Nevada, Page 1225 (CHAPTER 573, AB 433)κ
benefits under section 202 or 223 of the Social Security Act, as amended (42 U.S.C. §§ 402 and 423, respectively), the employees compensation under this chapter must be reduced by the amount of the federal benefits being received by him.
2. This section must not be applied to reduce the employees compensation under this chapter to any greater extent than his federal benefits would have otherwise been reduced by the Social Security Administration under section 224 of the Social Security Act, as amended (42 U.S.C. § 424a). After any reduction pursuant to this section, the combination of his state compensation and federal benefits must be at least as much as the greater of:
(a) The benefits payable pursuant to this chapter (without the reduction); or
(b) The benefits payable under the Social Security Act (without any reduction).
3. After a reduced amount of compensation for an employee has been established pursuant to this section, no further reduction in his compensation may be made because he receives an increase in his benefits under the Social Security Act as the result of an adjustment based on an increase in the cost of living.
4. No compensation may be reduced pursuant to this section until the Social Security Administration has determined the amount of benefits payable to the employee under section 202 or 223 of the Social Security Act and he has begun to receive those benefits.
5. If an employee:
(a) Fails to report the amount of benefits which he is receiving under section 202 or 223 of the Social Security Act, within 30 days after he is requested in writing by the commission or a self-insured employer to make that report; or
(b) Fails to provide the commission or the self-insured employer with a written authorization for the Social Security Administration to release information on the employees average current earnings and the amount of benefits to which he is entitled, within 30 days after he is requested to provide that authorization,
the commission or self-insured employer may reduce by 50 percent the compensation which the employee would otherwise receive pursuant to this chapter. Any compensation which is withheld pursuant to this subsection must be paid to the employee when he has furnished the report or authorization as requested.
6. If the provisions of section 224 of the Social Security Act are amended:
(a) To allow an employee to receive more compensation under this chapter without any reduction in benefits payable under section 202 or 223 of the Social Security Act; or
(b) To lower the maximum sum of compensation payable under this chapter and benefits payable under section 202 or 223 of the Social Security Act,
the reduction imposed by this section must be increased or decreased correspondingly.
7. No reduction in compensation may be made under this section for any period of entitlement which:
κ1981 Statutes of Nevada, Page 1226 (CHAPTER 573, AB 433)κ
(a) Occurs before January 1, 1982;
(b) Occurs before the employee has been given a written notice by mail of the intended reduction; or
(c) Includes any week after the week in which the employee becomes 62 years of age.
Sec. 6. NRS 616.027 is hereby amended to read as follows:
616.027 [Average] 1. Except as provided in subsection 2, average monthly wage means the lesser of:
[1.] (a) The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee excluding remuneration from [:
(a) Employment not] employment:
(1) Not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act;
[(b) Employment specified] (2) Specified in NRS 616.255 or 617.180; and
[(c) Employment for] (3) For which coverage is elective, but has not been elected; or
[2.] (b) One hundred fifty percent of the state average weekly wage as most recently computed by the employment security department during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.
2. For the purpose of increasing compensation for permanent total disability pursuant to section 2 of this act or increasing death benefits pursuant to section 4 of this act, average monthly wage has the meaning shown in the following schedule:
Average Monthly Wage
Effective Date for Prior Fiscal Year
July 1, 1973.................................................................... $688.60
July 1, 1974.................................................................... 727.48
July 1, 1975.................................................................... 761.47
July 1, 1976.................................................................... 807.33
July 1, 1977.................................................................... 858.29
July 1, 1978.................................................................... 918.05
July 1, 1979.................................................................... 992.31
July 1, 1980.................................................................... 1,061.24
Sec. 7. NRS 616.625 is hereby amended to read as follows:
616.625 [The] Except as provided in sections 2, 3 and 4 of this act, the amount of compensation and benefits and the person or persons entitled thereto [shall] must be determined as of the date of the accident or injury to the employee, and their rights thereto [shall] become fixed as of [such] that date.
Sec. 8. NRS 616.626 is hereby amended to read as follows:
616.626 1. Any claimant or [his dependents, residing] dependent of a claimant who resides in this state [, who receive] and receives compensation for a permanent total disability [on account of] caused by an industrial injury or a disablement [due to] from an occupational disease [occurring] which occurred before April 9, 1971, is entitled to a [35] 65 percent increase in that compensation, without regard to any wage limitation imposed by this chapter on the amount of that compensation.
κ1981 Statutes of Nevada, Page 1227 (CHAPTER 573, AB 433)κ
wage limitation imposed by this chapter on the amount of that compensation.
2. The increase must be paid from the silicosis and disabled pension fund.
Sec. 9. NRS 616.628 is hereby amended to read as follows:
616.628 1. Any widow, widower, surviving child or surviving dependent parent [, residing] who resides in this state [,] and who receives death benefits on account of an industrial injury or a disablement [due to] from an occupational disease [occurring] which occurred before July 1, 1973, is entitled to a [35] 65 percent increase in those benefits without regard to any wage limitation imposed by this chapter on the amount of those benefits.
2. The increase must be paid from the silicosis and disabled pension fund.
Sec. 10. The increases provided in sections 2 to 4, inclusive, of this act must be funded by:
1. An increase in premium rates for employers who are insured by the Nevada industrial commission for the fiscal year beginning July 1, 1981, and ending June 30, 1982, which is equal to the cost imposed by sections 2 to 4, inclusive, of this act for that period, less the proportionate share of that cost assessed against self-insured employers; and
2. An assessment against self-insured employers who were insured by the commission during the fiscal year beginning July 1, 1979, and ending June 30, 1980, of a percentage of the cost imposed by sections 2 to 4, inclusive, of this act which is equal to the percentage of the total premiums paid to the commission in the fiscal year beginning July 1, 1979, and ending June 30, 1980, that were paid by self-insured employers.
________
Senate Bill No. 655Committee on Government Affairs
CHAPTER 574
AN ACT relating to county fair and recreation boards; entitling members of certain boards to receive compensation for attendance at meetings of the boards committees; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244A.609 is hereby amended to read as follows:
244A.609 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
κ1981 Statutes of Nevada, Page 1228 (CHAPTER 574, SB 655)κ
2. Except as provided in subsection 3, no member may receive any compensation as an employee of the board or otherwise, and no member of the board may be interested in any contract or transaction with the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a county having a population of 100,000 or more [shall] is entitled to receive $100 per month or $25 for each [regular board] meeting of the board or a committee of the board attended, whichever amount is less.
________
Assembly Bill No. 269Assemblyman Sader
CHAPTER 575
AN ACT relating to crimes against the person; providing for referral by a district attorney of a person suspected of abusing or neglecting a child to a social agency for treatment or counseling; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A district attorney may, if the circumstances indicate that treatment or counseling is needed, refer a person who is suspected of violating a provision of NRS 200.508 to an appropriate public or private agency for treatment or counseling. The district attorney shall obtain the consent of the agency to which he intends to refer the person before doing so.
2. Nothing in this section limits the discretion of the district attorney to undertake prosecution of a person who has been referred for treatment or counseling pursuant to subsection 1.
Sec. 2. NRS 200.5011 is hereby amended to read as follows:
200.5011 As used in NRS 200.501 to 200.509, inclusive [:] , and section 1 of this act:
1. Child abuse and neglect means the nonaccidental physical or mental injury, sexual abuse, negligent treatment or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances which indicate that the childs health or welfare is harmed or threatened thereby.
2. Sado-masochistic abuse has the meaning ascribed to it in NRS 201.262.
3. Sexual abuse includes but is not limited to acts upon a child constituting:
(a) Incest under NRS 201.180;
(b) The infamous crime against nature under NRS 201.190;
(c) Lewdness with a child under NRS 201.230;
κ1981 Statutes of Nevada, Page 1229 (CHAPTER 575, AB 269)κ
(d) Annoyance or molestation of a minor under NRS 207.260;
(e) Sado-masochistic abuse;
(f) Sexual assault under NRS 200.366; and
(g) Statutory sexual seduction under NRS 200.368.
________
Assembly Bill No. 412Committee on Commerce
CHAPTER 576
AN ACT relating to manufactured housing; providing for the regulation of its condition and for the enforcement of laws governing the condition of manufactured housing; providing a procedure for local assumption of responsibility for that regulation and enforcement; providing penalties; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 40 is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Administrator means the chief of the manufactured housing division.
Sec. 4. Agency for enforcement or agency means the division or the city or county which has responsibility for the enforcement of the provisions of this chapter and the regulations adopted under it.
Sec. 5. Division means the manufactured housing division of the department of commerce.
Sec. 6. Mobile home means a vehicular structure without independent motive power, built on a chassis or frame, which is:
1. Designed to be used with or without a permanent foundation;
2. Capable of being drawn by a motor vehicle; and
3. Used for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.
Except as provided in section 23 of this act, the term does not include a recreational vehicle.
Sec. 7. Nuisance includes:
1. Any nuisance as defined in NRS 40.140.
2. As determined by the agency:
(a) Insufficient ventilation or illumination; or
(b) Inadequate or unsanitary sewage or plumbing facilities.
3. As determined by the county health officer:
(a) Uncleanliness;
κ1981 Statutes of Nevada, Page 1230 (CHAPTER 576, AB 412)κ
(b) Any situation which renders air, food or drink unwholesome or detrimental to the health of human beings; or
(c) Any situation which is dangerous to human life or is detrimental to the health of human beings.
Sec. 8. Except as provided in section 22 of this act, the provisions of this chapter shall be administered by the division, subject to administrative supervision by the director of the department of commerce.
Sec. 9. 1. In order to carry out the provisions of this chapter, the administrator or a person designated by an agency for enforcement may:
(a) Issue subpenas for the attendance of witnesses or the production of books, papers and documents; and
(b) Conduct hearings.
2. The administrator may make inspections of and approve or disapprove plans and specifications for proposed mobile home parks and alteration of mobile home parks. When it is necessary to make an inspection to enforce any of the provisions of this chapter or when the administrator or his authorized representative has reasonable cause to believe that there exists in any mobile home, mobile home lot or mobile home park any condition or violation which makes it unsafe, dangerous or hazardous, the administrator or his authorized representative may enter it at any reasonable time to inspect it or to perform any duty imposed on the administrator with respect to it. The administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the mobile home or mobile home lot or park, and if that person is located, shall present to him proper credentials and request entry. If that person is not located or entry is refused, the administrator or his authorized representative has recourse to every remedy provided by law to secure entry.
3. A magistrate shall issue a warrant to permit an inspection if the administrator has shown:
(a) Evidence that a violation of a provision of this chapter or a regulation adopted under it has been committed or is being committed; or
(b) That the mobile home or mobile home lot or park has been chosen for an inspection on the basis of a general administrative plan for the enforcement of the provisions of this chapter and the regulations adopted under it.
4. The administrator shall adopt regulations to carry out the purposes of this chapter and to govern the use and occupancy of mobile homes and premises. The regulations must establish minimum requirements to protect the health and safety of the occupants and the public and must provide for the abatement of any substandard, unsafe or unsanitary condition of a mobile home or premises or of the electrical, mechanical or plumbing systems therein.
5. The administrator shall adopt regulations to govern the construction and alteration of mobile home parks and lots within the parks and the abatement of any substandard, unsafe or unsanitary condition of a mobile home park. The regulations must establish standards to protect the health, safety and general welfare of the residents of the parks, and must contain provisions relating to:
κ1981 Statutes of Nevada, Page 1231 (CHAPTER 576, AB 412)κ
(a) The construction and maintenance of roadways, driveways, walkways and permanent buildings;
(b) Plumbing and the supply of water;
(c) Disposal of refuse and sewage;
(d) Electrical wiring, fixtures and equipment, any related installations;
(e) Gas equipment and related installations;
(f) Prevention of fire and fire protection; and
(g) Other matters which relate to the health and safety of residents.
6. When construction, rebuilding or other work is being performed or is about to be performed in violation of the provisions of this chapter or a regulation adopted pursuant to this chapter, the administrator may order the work stopped by written notice served on any person performing the work or causing the work to be done, and the person shall immediately stop the work until authorized by the administrator to proceed.
Sec. 10. Any mobile home where there exists any of the following listed conditions which endangers the life, health, property, safety or welfare of the public or the occupants of the mobile home is hereby declared to be substandard:
1. Inadequate sanitation.
2. Structural hazards.
3. Nuisance.
4. Hazardous wiring.
5. Hazardous plumbing.
6. Hazardous mechanical equipment.
7. Faulty weather protection.
8. A condition as to cause a fire or explosion.
9. Faulty materials of construction.
10. Hazardous or unsanitary premises.
Sec. 11. Any mobile home which is determined to be substandard by the agency is hereby declared to be a nuisance and must be abated by repair, demolition or removal.
Sec. 12. 1. When the agency has inspected or caused to be inspected any mobile home and has determined that the mobile home is substandard, proceedings to cause the mobile home to be repaired, vacated or demolished must be commenced.
2. The agency shall issue an order directed to the owner and lienholder of the mobile home and the owner of the land on which the mobile home is located. The order must contain:
(a) The street address and legal description sufficient for identification of the mobile home and premises upon which the mobile home is located.
(b) A statement that the agency has found the mobile home to be substandard with a brief and concise description of the conditions found to render the mobile home substandard under the provisions of this chapter.
(c) A statement as follows of the action required to be taken as determined by the agency:
(1) If the agency has determined that the mobile home must be repaired, the order must state that all required permits must be secured and the work physically commenced within 60 days from the date of the order and completed within such time as the agency shall determine is reasonable under all of the circumstances.
κ1981 Statutes of Nevada, Page 1232 (CHAPTER 576, AB 412)κ
repaired, the order must state that all required permits must be secured and the work physically commenced within 60 days from the date of the order and completed within such time as the agency shall determine is reasonable under all of the circumstances.
(2) If the agency has determined that the mobile home must be vacated, the order must state that the mobile home must be vacated within a certain time from the date of the order as determined by the agency to be reasonable.
(3) If the agency has determined that the mobile home must be demolished, the order must state that the mobile home must be vacated within such time as the agency shall determine is reasonable, not to exceed 60 days from the date of the order, that all required permits must be secured within 60 days from the date of the order, and that the demolition must be completed within such time as the agency shall determine is reasonable.
(d) Statements advising that if any required repair or demolition work, where the mobile home was not required to be vacated, is not commenced within the time specified, the agency will order the mobile home vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs of repair as provided by this chapter.
(e) Statements advising that any person having any title or legal interest in the mobile home may appeal from the order or any action of the agency and that the appeal must be made in writing and filed with the agency within 10 days from the date of the service of the order and that failure to appeal constitutes a waiver of all rights to an administrative hearing and determination of the matter.
Sec. 13. 1. The following procedure must be followed by the agency in ordering that a substandard mobile home be repaired, vacated or demolished:
(a) If any mobile home is declared substandard under this chapter it must either be repaired or it may be demolished at the option of the owner and lienholder.
(b) If the mobile home is in such condition as to make it immediately dangerous to the life, property or safety of the public or of the occupants, it must be ordered to be vacated.
2. Every notice to vacate must, in addition to being served, be posted in a conspicuous place on the mobile home, and must be in substantially the following form:
DO NOT ENTER UNSAFE TO OCCUPY
It is a misdemeanor to occupy this structure or to remove or deface this notice.
The notice must also briefly and concisely specify the conditions which necessitate the posting.
3. No person may remain in or enter any mobile home to which a notice pursuant to subsection 2 has been posted, except that entry may be made to repair, demolish or remove the mobile home under a permit from the agency. No person may remove or deface any such notice after it is posted until the required repairs, demolition or removal has been completed and a certificate of occupancy has been issued.
κ1981 Statutes of Nevada, Page 1233 (CHAPTER 576, AB 412)κ
it is posted until the required repairs, demolition or removal has been completed and a certificate of occupancy has been issued.
Sec. 14. If, after any order of the agency has become final, the person to whom the order is directed fails to obey the order, the agency may cause the person to be prosecuted or institute any appropriate action to abate the substandard mobile home.
Sec. 15. 1. If the required repair or demolition is not commenced within 30 days after a final order issued under this chapter becomes effective:
(a) The agency shall cause the mobile home described in the order to be vacated by posting in a conspicuous place on the mobile home a notice reading:
SUBSTANDARD STRUCTURE DO NOT OCCUPY
It is a misdemeanor to occupy this structure or to remove or deface this notice.
(b) A person may not occupy any mobile home to which a notice pursuant to paragraph (a) has been posted. No person may remove or deface any such notice so posted until the repairs, demolition or removal ordered by the agency have been completed and a certificate of occupancy has been issued.
(c) The agency may, in addition to any other remedy provided in this section:
(1) Cause the mobile home to be repaired to the extent necessary to correct the conditions which render the mobile home substandard as set forth in the order; or
(2) If the order required demolition, cause the mobile home to be sold and demolished or, to be demolished and the materials, rubble and debris removed and the lot cleaned.
Any such repair or demolition work must be accomplished and the cost paid and recovered in the manner provided in this chapter. Any surplus realized from the sale of the mobile home or from its demolition, above the cost of demolition and of cleaning the lot, must be paid to the person lawfully entitled to the money.
2. Upon receipt of any application from the person required to conform to the order and an agreement by the person that he will comply with the order if allowed additional time, the agency may grant an extension of time, not to exceed an additional 120 days, within which to complete the repairs or demolition, if the agency determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The agencys authority to extend time is limited to the physical repair or demolition of the mobile home and must not extend the time to appeal the order.
3. No person may obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the agency or with any person who owns or holds any interest in a mobile home which has been ordered repaired, vacated or demolished under the provisions of this chapter, or with any person to whom the mobile home has been lawfully sold pursuant to the provisions of this chapter, whenever such authorized person is engaged in the work of repairing, vacating and repairing, or demolishing the mobile home pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
κ1981 Statutes of Nevada, Page 1234 (CHAPTER 576, AB 412)κ
authorized person is engaged in the work of repairing, vacating and repairing, or demolishing the mobile home pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
4. The agency may require the plans for repair to be prepared by an architect or engineer at the expense of the owner.
Sec. 16. 1. Any person against whom an action is taken pursuant to this chapter is entitled to notice in the form of an order and a hearing before the agency for enforcement in accordance with regulations of the agency.
2. Upon request for such a hearing, the owner or lienholder of the mobile home or the owner of the land on which the mobile home is located must be granted a hearing on the matter before an authorized representative of the agency or any other board, commission or official authorized to conduct such hearings. This request must be made to the agency within 10 days after personal service or acknowledgment of receipt by mail of the order. If the owner of the land on which the mobile home is located submits a sworn written statement denying responsibility for the presence of the mobile home on his land within the prescribed period of time, this statement shall be deemed a request for a hearing which does not require the presence of the owner who submitted the request. If such a request is not received within 10 days from the date of personal service or acknowledgment of receipt by mail of the order, the agency may abate the substandard mobile home.
3. Upon receipt of a request for a hearing or a sworn written statement by the owner of the land on which the mobile home is located, denying responsibility for the presence of the mobile home on his land, the agency shall set a time and place for a hearing and shall give the petitioner written notice of it. Receipt of the request for a hearing or a statement by the owner of the land on which the mobile home is located, operates to delay any action by the agency until after the hearing.
4. Upon receipt of a request for a hearing the agency shall give a second notice directing the owner and lienholder of the mobile home and the owner of the land on which the mobile home is located to appear at a stated time and place to show cause why the substandard mobile home should not be abated.
5. At the time and place fixed in the notice given pursuant to subsection 4 the authorized representative of the agency or other board, commission or official authorized to conduct the hearing shall proceed to hear the testimony of the officers or employees of the agency and the owner of the mobile home or his representatives respecting the condition of the mobile home, the estimated cost of its repair or removal and any other pertinent matters. Upon the conclusion of the hearing, the person conducting the hearing shall render a decision in the matter which must be reported to the agency. If the mobile home is found to be a nuisance, the owner, lienholder or owner of the land must be ordered to abate the nuisance within 30 days after the date of personal service or acknowledgment of receipt by mail of the order.
6. The agency shall post a copy of the order to abate the substandard mobile home in a conspicuous place on the mobile home. A copy of the order must also be mailed or delivered by personal service to the owner of the property on which the mobile home is located, and to the last owner and lienholder of record of the mobile home.
κ1981 Statutes of Nevada, Page 1235 (CHAPTER 576, AB 412)κ
to the owner of the property on which the mobile home is located, and to the last owner and lienholder of record of the mobile home.
Sec. 17. Any owner or other interested person who has an objection to the hearing or the agency ordering the abatement of a nuisance must bring an action in a court of competent jurisdiction within 30 days after the date of the posting of the order on the mobile home or receipt of the order pursuant to section 16 of this act or the objection shall be deemed waived.
Sec. 18. The owner or the lienholder of the mobile home is liable for the cost of abating the nuisance. If the mobile home is in such condition that identification numbers are not available to determine ownership or the agency is unable to locate the owner or the lienholder of the mobile home, the owner of the land on which the mobile home is located is liable for the costs.
Sec. 19. A notice identifying each mobile home which has been demolished or dismantled must be sent to the division within 15 days after demolition or dismantling. The notice must contain all available evidence of ownership or the certificate of title.
Sec. 20. 1. It is unlawful for the person ordered to abate a nuisance under this chapter to fail or refuse to remove or abate the nuisance within 60 days after the date of personal service or acknowledgment of receipt by mail of the order. After the expiration of the 60 days, the agency may abate the nuisance.
2. It is unlawful for any person to use, cause to be used or permit to be used for occupancy:
(a) Any mobile home which does not comply with the safety standards for the installation, support and tiedown of mobile homes required by NRS 489.251.
(b) Any mobile home that is not fit for the use for which it was intended or could cause an unreasonable risk or make it immediately dangerous to the life, health, property, safety or welfare of the public or of the occupants.
(c) Any mobile home in an unsanitary condition.
(d) Any mobile home which is structurally unsound or does not protect its occupants against the elements.
(e) Any mobile home which has been declared by the agency to be substandard.
Sec. 21. 1. The district court for the county in which any investigation or hearing is being conducted by the agency for enforcement pursuant to the provisions of this chapter may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by a subpena issued by the agency.
2. If any witness refuses to attend or testify or produce any papers required by a subpena, the agency may report to the district court for the county in which the investigation or hearing is pending by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed in the manner prescribed in this chapter; and
κ1981 Statutes of Nevada, Page 1236 (CHAPTER 576, AB 412)κ
(c) The witness has failed or refused to attend or produce the papers required by subpena before the agency in the investigation or hearing named in the subpena, or has refused to answer questions propounded to him in the course of the investigation or hearing,
and asking for an order of the court compelling the witness to attend and testify or produce the books or papers before the agency.
3. Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the agency. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the agency, the court shall enter an order that the witness appear before the agency at the time and placed fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 22. 1. Each city and county may enforce this chapter and regulations adopted pursuant to this chapter. If any city or county fails to enforce this chapter, the division shall enforce it in the territory of that city or county.
2. The governing body of any city or county may adopt an ordinance which is as stringent as or more stringent than the provisions of this chapter.
Sec. 23. The provisions of this chapter apply equally to moveable structures without motive power which are equipped for occupancy for industrial or commercial purposes, recreational vehicles, factory built housing, modular buildings and mobile home accessory buildings and structures when such structures or vehicles are used as a dwelling for a period of 30 days or more at one location.
Sec. 24. 1. A person shall not:
(a) Construct a mobile home park; or
(b) Construct or alter lots, roads or other facilities in a mobile home park,
unless he has obtained a construction permit from the agency for enforcement.
2. Each agency for enforcement may charge and collect reasonable fees, specified by ordinance or regulation, for its services.
3. Money collected by the division pursuant to this chapter must be deposited in the state treasury for credit to the fund for manufactured housing which is hereby created as a special revenue fund. Expenses of enforcement of this chapter must be paid from the fund as other claims against the state are paid.
Sec. 25. Each mobile home park constructed after July 1, 1981, must provide direct electrical and gas service from the utility to each lot if those services are available.
Sec. 26. 1. Any person who knowingly or willfully violates any of the provisions of this chapter or any order issued by the agency for enforcement is guilty of a misdemeanor.
2. Any person who knowingly or willfully violates any provision of this chapter or any regulation issued pursuant to it is liable for a civil penalty of not more than $500 for each violation or for each day of a continuing violation.
κ1981 Statutes of Nevada, Page 1237 (CHAPTER 576, AB 412)κ
this chapter or any regulation issued pursuant to it is liable for a civil penalty of not more than $500 for each violation or for each day of a continuing violation. The agency for enforcement may institute an action in the appropriate court to collect any civil penalty arising under this section.
3. All money collected as civil penalties pursuant to the provisions of this chapter must be deposited in the state general fund or the general fund of the city or county, as the case may be.
Sec. 27. NRS 118.270 is hereby amended to read as follows:
118.270 The landlord or his agent or employee shall not:
1. Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.
2. Charge or receive:
(a) Any entrance or exit fee to a tenant assuming or leaving occupancy of a mobile home lot.
(b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home within the mobile home park even if the mobile home is to remain within the park, unless the landlord has acted as the mobile home owners agent in the sale pursuant to a written contract.
(c) Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection [5.] 6.
(d) Any fee for the tenants spouse or children other than as provided in the lease.
(e) Any unreasonable fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.
[2.] 3. Increase rent or service fees unless:
(a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly situated or, if it is a service fee, to a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and
(b) Written notice advising a tenant of the increase is sent to the tenant 60 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants on or before commencement of their tenancy.
[3.] 4. Deny any tenant the right to sell his mobile home within the park or require the tenant to remove the mobile home from the park solely on the basis of such sale, except as provided in NRS 118.280.
[4.] 5. Prohibit any tenant desiring to sell his mobile home within the park from advertising the location of the mobile home and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the mobile home.
[5.] 6. Prohibit any meetings held in the parks community or recreation facility by the tenants or occupants of any mobile home in the park to discuss mobile home living and affairs, or any tenant-sponsored political meeting, if such meetings are held at reasonable hours and when the facility is not otherwise in use.
κ1981 Statutes of Nevada, Page 1238 (CHAPTER 576, AB 412)κ
political meeting, if such meetings are held at reasonable hours and when the facility is not otherwise in use.
[6.] 7. Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages. [and $100 in exemplary damages for each day that the tenant is deprived of utility service.
7.] 8. Require that he be an agent of an owner of a mobile home who desires to sell the mobile home.
[8.] 9. Unless prohibited by a written lease or a general rule or regulation of the park if there is no written lease, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.
Sec. 28. NRS 118.340 is hereby amended to read as follows:
118.340 1. Except as otherwise provided in subsection 2, any landlord who violates any of the provisions of NRS 118.241 to 118.310, inclusive, is guilty of a misdemeanor.
2. Any landlord who violates paragraph (a) of [subsection 1] subsection 2 of NRS 118.270:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third or subsequent offense, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 28.1. NRS 598A.060 is hereby amended to read as follows:
598A.060 Every activity enumerated below in this section constitutes a contract, combination or conspiracy in restraint of trade, and it is unlawful to conduct any part of any such activity in this state;
1. Price fixing, which consists of raising, depressing, fixing, pegging or stabilizing the price of any commodity or service, and which includes, but is not limited to:
(a) Agreements among competitors to depress prices at which they will buy essential raw material for the end product.
(b) Agreements to establish prices for commodities or services.
(c) Agreements to establish uniform discounts, or to eliminate discounts.
(d) Agreements between manufacturers to price a premium commodity a specified amount above inferior commodities.
(e) Agreements not to sell below cost.
(f) Agreements to establish uniform trade-in allowances.
(g) Establishment of uniform cost surveys.
(h) Establishment of minimum markup percentages.
(i) Establishment of single or multiple basing point systems for determining the delivered price of commodities.
(j) Agreements not to advertise prices.
(k) Agreements among competitors to fix uniform list prices as a place to start bargaining.
(l) Bid rigging, including the misuse of bid depositories, foreclosures of competitive activity for a period of time, rotation of jobs among competitors, submission of identical bids, and submission of complementary bids not intended to secure acceptance by the customer.
κ1981 Statutes of Nevada, Page 1239 (CHAPTER 576, AB 412)κ
(m) Agreements to discontinue a product, or agreements with anyone engaged in the manufacture of competitive lines to limit size, styles or quantities of items comprising [such] the lines.
(n) Agreements to restrict volume of production.
2. Division of markets, consisting of agreements between competitors to divide territories and to refrain from soliciting or selling in certain areas.
3. Allocation of customers, consisting of agreements not to sell to specified customers of a competitor.
4. Tying arrangements, consisting of contracts in which the seller or lessor conditions the sale or lease of commodities or services on the purchase or leasing of another commodity or service. [of the seller or lessor.]
Sec. 29. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. This section applies to mobile home parks governed by the provisions of NRS 118.235 to 118.340, inclusive, and sections 1 to 26, inclusive, of this act.
2. The commission shall require the serving utility to examine and test the electric and gas distribution lines and equipment within a mobile home park at the request of the manufactured housing division of the department of commerce or a city or county which has responsibility for the enforcement of the provisions of sections 2 to 26, inclusive, of this act. The serving utility shall report the results of the test to the commission. The serving utility and the commission may enter a mobile home park at reasonable times to examine and test the lines and equipment, whether or not they are owned by a public utility. The serving utility shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards set by its regulations for maintenance, use and operation of electric and gas distribution lines and equipment.
3. If the owner or operator of a mobile home park refuses to allow the examination and testing to be made as provided in subsection 2, the commission shall deem the unexamined lines and equipment to be unsafe for service.
4. Whenever the commission deems or finds any lines or equipment within a mobile home park to be unsafe for service it shall take appropriate action to protect the safety of the residents of the park.
5. The landlord of any mobile home park which is not equipped with individual meters for each lot who charges the tenants for utilities either separately or by including the charge in their rent, shall prorate the cost of all utilities equally among the occupied lots in the park. In no case may the charges prorated pursuant to this section exceed in the aggregate the cost of the utility to the landlord. If the utility charges are included in the tenants rent, the landlord shall notify the tenant of any proposed increases in utility rates not more than 5 days after his receipt of such a notice. The landlord shall itemize all utility charges on all rent bills and may pass through to the tenant any increase in a utility rate. He shall pass through any decrease in a utility charge as it becomes effective.
6. If any mobile home park which is equipped with individual meters for each lot and where the landlord receives the utility bill and charges the tenants for utilities, the charge for each tenant may not be at a rate higher than the rate the tenant would be charged if he were receiving service directly from the utility.
κ1981 Statutes of Nevada, Page 1240 (CHAPTER 576, AB 412)κ
the tenants for utilities, the charge for each tenant may not be at a rate higher than the rate the tenant would be charged if he were receiving service directly from the utility.
7. The tenant of a lot in a park described in subsection 1 who believes the landlord has charged him for utilities at a rate higher than the rate the tenant would be charged if he were receiving the service directly from the utility may complain to the division of consumer relations of the commission. The division shall receive and promptly investigate the complaint. If the division is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission. The commission shall investigate, give notice and hold hearings upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.
8. If the commission finds that the owner of the mobile home park has violated the provisions of subsection 5 or 6, it shall determine the amount of the overcharge to the tenant and order the landlord to return that amount to the tenant within a specified time. If the landlord fails or refuses to do so, the commission:
(a) May compel compliance with its order by any appropriate civil remedy available to it under chapter 704 of NRS.
(b) Shall order the landlord to cease and desist from any further violation of subsection 5 or 6, and shall enforce that order as any other order of the commission.
(c) The owner of a mobile home park described in subsection 1 shall retain for at least 3 years a copy of all billings for utilities made to his tenants. The owner shall make these records available upon request to the commission for verification of utility charges made to tenants.
9. A utility which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in mobile homes or for the landlords residential use shall not charge the landlord for those services at a rate higher than the current rates offered by the utility to its residential customers.
________
Senate Bill No. 680Committee on Government Affairs
CHAPTER 577
AN ACT relating to the redevelopment of communities; permitting the merger of redevelopment project areas and tax increment areas; making certain related amendments to the charter of the City of Reno; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 279 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. For the purpose of allocating taxes pursuant to NRS 279.676, a redevelopment project area under the jurisdiction of a redevelopment agency for which a redevelopment plan has been adopted and a tax increment area under the jurisdiction of a community for which a tax increment account has been created may be merged, by the amendment of each affected redevelopment plan or ordinance of the community establishing a tax increment area, upon the conditions provided in this section.
κ1981 Statutes of Nevada, Page 1241 (CHAPTER 577, SB 680)κ
agency for which a redevelopment plan has been adopted and a tax increment area under the jurisdiction of a community for which a tax increment account has been created may be merged, by the amendment of each affected redevelopment plan or ordinance of the community establishing a tax increment area, upon the conditions provided in this section. The resulting area of any converted redevelopment project must not extend beyond the exterior perimeter of the tax increment area under the jurisdiction of the community. The redevelopment plan for the converted redevelopment area must provide that after the projects specified in the plan have been completed and any indebtedness incurred in connection with the projects has been paid, no further taxes for the converted redevelopment area are to be allocated to the agency.
2. If the redevelopment agency or the community has, before such a merger, incurred any indebtedness on account of a constituent project area or tax increment area, the taxes attributable to that area which are allocated to the agency pursuant to NRS 279.676 or the community must be first used to comply with the terms of any resolution concerning bonds or agreement pledging the taxes from the constituent project area or tax increment area.
3. Any taxes which were paid into a tax increment account before such a merger must be used only for the undertaking for which the tax increment area was designated.
Sec. 2. The charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, and as added by chapter 460, Statutes of Nevada 1979, at page 860, is hereby amended by adding thereto a new section to be designated as section 7A.185, which shall immediately follow section 7A.180 and shall read as follows:
Sec. 7A.185 Amendment of ordinance.
1. The city council may amend an ordinance adopted pursuant to section 7A.180 by adopting a supplemental ordinance, introduced and adopted as a regular measure, to:
(a) Modify the undertaking by specifying new projects or removing or modifying projects specified in the original ordinance;
(b) Add areas to or remove areas from a tax increment area; and
(c) Make such other changes, additions or deletions as the city council determines will further its objectives within the tax increment area.
2. If such a proposed amendment would add any area to or remove any area from a tax increment area, notice by mail of the meeting at which the proposed amendment will be considered must be given to the last known owner or owners of each tract of land proposed to be added or removed.
3. The amount of taxes to be allocated to a tax increment account pursuant to section 7A.190 must be computed separately for the original tax increment area and each addition of land thereto.
Sec. 3. Section 7A.190 of the charter of the City of Reno, being chapter 460, Statutes of Nevada 1979, at page 866, is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1242 (CHAPTER 577, SB 680)κ
Sec. 7A.190 Allocation, division and disposition of tax proceeds. After the effective date of the ordinance (including any supplemental ordinance adopted pursuant to section 7A.185) unconditionally ordering the undertaking and providing for financing by tax increment, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the city and any public body must be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of [such] the property by [such] the taxing agency, last equalized [prior to] before the effective date of [such] 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] the taxing agencies as taxes on all other property are paid.
2. [That] The portion of [such] the levied taxes each year in excess of [such] that amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise incurred by the city to finance or refinance, in whole or in part, [such] the undertaking. Unless [and until] the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in [that] the area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in [such] the area must be paid into the funds of the respective taxing agencies. When [such] the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in [such] the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
For purposes of this section, the last equalized assessment roll referred to in subsection 1 is the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.
________
κ1981 Statutes of Nevada, Page 1243κ
Senate Bill No. 678Committee on Taxation
CHAPTER 578
AN ACT relating to taxation; revising certain provisions of chapters 130, 149 and 150, Statutes of Nevada 1981, of Senate Bill No. 69, and of NRS amended thereby; providing against certain defaults by counties; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 29 of chapter 130, Statutes of Nevada 1981, is hereby amended to read as follows:
Sec. 29. NRS 377.050 is hereby amended to read as follows:
377.050 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances made payable to the department.
2. The department shall deposit the payments with the state treasurer for credit to the [city-county relief tax fund which is hereby created.] sales and use tax account in the state general fund.
3. The state controller, acting upon the collection data furnished by the department, shall monthly transfer from the [city-county relief tax fund] sales and use tax account one-half of 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the cost of collecting the tax for the counties.
Sec. 1.5. NRS 374.315 is hereby amended to read as follows:
374.315 1. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into prior to July 1, 1967.
2. There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for construction entered into prior to May 1, 1981.
Sec. 2. Section 26 of chapter 149, Statutes of Nevada 1981, is hereby amended to read as follows:
1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month:
(a) [Distribute $20,000 to each county, except that in any one fiscal year no county may receive more than its basic ad valorem revenue.
(b)] Distribute the amount specified in this paragraph among the following counties and cities in the following percentages:
κ1981 Statutes of Nevada, Page 1244 (CHAPTER 578, SB 678)κ
Percent-
Political Subdivision age
Churchill County..................................................................... 3.23
City of North Las Vegas......................................................... 46.52
City of Carlin............................................................................ 2.72
Esmeralda County................................................................... .20
Eureka County......................................................................... .71
City of Winnemucca............................................................... 5.56
City of Caliente........................................................................ .46
City of Yerington..................................................................... 4.77
Mineral County....................................................................... 9.96
City of Gabbs........................................................................... 4.31
Pershing County..................................................................... 2.52
City of Lovelock...................................................................... 5.77
White Pine County................................................................. 5.37
City of Ely................................................................................. 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
[(c)] (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under [paragraphs (a) and (c)] paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of [basic ad valorem revenue to be replaced in each county by] maximum allowable revenue, as determined pursuant to section 3 of chapter 150, Statutes of Nevada 1981, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to subsections 2 and 3 of section 3 of Senate Bill No. 411 of this session. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it [reverts to] must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
κ1981 Statutes of Nevada, Page 1245 (CHAPTER 578, SB 678)κ
than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.
Sec. 3. Section 3 of chapter 150, Statutes of Nevada 1981, is hereby amended to read as follows:
1. The maximum amount of money which a local government, except a school district, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before the date of passage and approval of this act, must be calculated by:
(a) First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before [December 1] February 15 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal, in writing to the interim legislative committee on local governmental finance, which may increase or decrease the estimate as it finds the facts warrant.
(c) Then reducing the amount resulting from paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in this section.
2. For the fiscal years beginning on and after July 1, 1982, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the percentage increase in the Consumer Price Index for the preceding calendar year.
κ1981 Statutes of Nevada, Page 1246 (CHAPTER 578, SB 678)κ
that assessed valuation multiplied by the percentage increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this subsection is reduced by the amount of that tax ad valorem. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
3. For each fiscal year beginning on or after July 1, 1982, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
(a) The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll it will produce 104.5 percent of the revenue received from taxes ad valorem in the preceding fiscal year.
(b) This rate must be applied to the total assessed valuation, including new real property, possessory interest and mobile homes, for the current fiscal year.
4. The local government may exceed the respective limits imposed by this section upon combined amounts received and upon calculated receipts from taxes ad valorem only as provided in section 3.3 of this act or if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
5. To the maximum combined revenue otherwise, allowable under this section to a local government, the interim legislative committee on local governmental finance may add its estimate of the cost to that local government of any substantial program or expense required by legislative enactment which was not in effect for all or part of the preceding fiscal year.
κ1981 Statutes of Nevada, Page 1247 (CHAPTER 578, SB 678)κ
required by legislative enactment which was not in effect for all or part of the preceding fiscal year.
6. Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received in excess of the maximum allowable from the combined sources must not be expended during the fiscal year in which collected, unless the interim legislative committee on local governmental finance otherwise directs.
Sec. 4. For the fiscal year beginning on July 1, 1981, the percentage of the combined amount mentioned in subsection 2 of section 18 of chapter 150 of NRS which is to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible.
Sec. 5. Section 5 of Senate Bill No. 69 of this session is hereby repealed.
Sec. 6. If any county fails to provide sufficient money to is county assessor to perform his duties as required by Senate Bill No. 69 of this session, either during the fiscal year ending June 30, 1981, or during the fiscal year ending June 30, 1982, the department of taxation shall perform or contract for the performance of the necessary work, and shall deduct the expense incurred in so doing from money collected by the department which would otherwise be due that county.
Sec. 7. 1. This section and sections 1, 2, 4, 5 and 6 of this act shall become effective upon passage and approval.
2. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.
3. Section 1.5 of this act shall become effective on June 1, 1981, if this act is passed and approved before that date; otherwise, on July 1, 1981.
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Senate Bill No. 617Committee on Finance
CHAPTER 579
AN ACT relating to the department of prisons; creating the prison farm fund; making an appropriation; and providing other matters properly relating thereto.
[Approved June 5, 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 a new section which shall read as follows:
1. The prison farm fund in the sum of $100,000 is hereby created as an enterprise fund to receive all revenues derived from the operation of the prison farm.
2. Subject to the approval of the state board of examiners, the director may expend money deposited in this fund for the development of the farm program.
κ1981 Statutes of Nevada, Page 1248 (CHAPTER 579, SB 617)κ
Sec. 2. There is hereby appropriated from the state general fund to the prison farm fund created pursuant to section 1 of this act the sum of $100,000.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 668Committee on Finance
CHAPTER 580
AN ACT relating to the higher education student loan program; creating the higher education student loan fund in the state treasury; and providing other matters properly relating thereto.
[Approved June 5, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The money available for the higher education student loan program must be deposited in the state treasury for credit to the higher education student loan fund which is hereby created as a special revenue fund.
2. Each expenditure, from this fund must be paid as other claims against the state are paid.
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Senate Bill No. 629Committee on Finance
CHAPTER 581
AN ACT making an additional and supplemental appropriation to the insurance division of the department of commerce; and providing other matters properly relating thereto.
[Approved June 5, 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 insurance division of the department of commerce the sum of $10,000 as an additional and supplemental appropriation to that allowed and made by section 35 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.
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