κ1981 Statutes of Nevada, Page 1601 (CHAPTER 672, SB 183)κ
Sec. 2 NRS 466.030 is hereby amended to read as follows:
466.030 1. The Nevada racing commission, consisting of five members appointed by the governor, is hereby created.
2. The jurisdiction, supervision, powers and duties of the commission extend to all persons, associations or corporations which hold or conduct any meeting within the State of Nevada where any racing is permitted for any stake, purse or reward.
3. The commission [may] shall adopt regulations for the conduct of horse and greyhound racing.
Sec. 3. NRS 466.040 is hereby amended to read as follows:
466.040 1. The governor shall appoint five members who [:
(a) Have resided in the State of Nevada for at least 5 years preceding such appointment;
(b) Are qualified electors; and
(c) Are not less than 35 years of age at the time of the appointment.] are:
(a) Residents of Nevada; and
(b) Citizens of the United States.
2. The governor shall designate a member to serve as chairman.
3. Not more than three of the members may be of the same political party.
4. A person is not eligible for appointment if he:
(a) Holds any official relation to any association or corporation engaged in or conducting racing within the State of Nevada;
(b) Holds stock or bonds therein; or
(c) Has any pecuniary interest therein.
5. [Before entering upon the discharge of the duties of his office each member of the commission shall take an oath that he will well and faithfully execute all and singular the duties pertaining to his office according to the laws of the State of Nevada and the regulation adopted by the commission.
6.] The governor may remove any member of the commission for inefficiency, neglect of duty or misconduct in office.
Sec. 4. NRS 466.050 is hereby amended to read as follows:
466.050 The commission shall meet at such time and places within the State of Nevada as the commission [shall determine.] determines. The members of the commission [shall be] are entitled to receive as compensation $40 for each day actually employed on the work of the commission, in addition to the travel expenses and per diem expense allowance as provided by law. [for each meeting of the commission attended and each race meeting personally supervised.] A majority of the members of the commission [shall] constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.
Sec. 5. NRS 466.060 is hereby amended to read as follows:
466.060 1. The commission shall appoint a secretary of the commission who shall serve during the pleasure of the commission. The secretary shall keep a record of all proceedings of the commission, and shall preserve all books, maps, documents and papers belonging to the commission or entrusted to its care. The records of the commission [shall be] are open for inspection at all reasonable times.
κ1981 Statutes of Nevada, Page 1602 (CHAPTER 672, SB 183)κ
are open for inspection at all reasonable times. The secretary shall perform such other duties as the commission may prescribe.
2. The commission may appoint such other officers, clerks, stenographers, inspectors, experts, attorneys and employees as may be necessary, all of whom shall serve during the pleasure of the commission.
3. The personnel of the commission, except clerical employees, are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the board prescribes, but such leaves must not be of a lesser duration than those provided for other state employees pursuant to chapters 284 of NRS.
4. No person [shall be] is eligible [for appointment or] to be appointed by the commission, or to hold any office or position under the commission, who:
(a) Holds any official relation to any association or corporation engaged in or conducting racing within the State of Nevada; or
(b) Holds stock or bonds therein; or
(c) Has any pecuniary interest therein.
Sec. 6. NRS 466.080 is hereby amended to read as follows:
466.080 [1. The Nevada racing commission fund is created as a special revenue fund. The commission shall deposit with the state treasurer for credit to the fund periodically, as collected, out of the proceeds of the taxes imposed by NRS 466.125, an amount equal to 1 percent of all money handled by each pari-mutuel licensee.
2. The commission shall deposit with the state treasurer for credit to the state general fund, periodically as collected, all fees imposed by NRS 466.120 and the remainder of the taxes imposed by NRS 466.125.
3. The commission may, out of the Nevada racing commission fund:
(a) Pay the necessary and proper expenses of the commission for the efficient administration of this chapter, in the same manner as other claims against the state are paid.
(b) Retain, on July 1 of each year, a cash balance of $10,000 for those expenses.
4.] The commission [shall,] may, on July 1 of each year, distribute [the remaining cash balance in excess of $10,000 of the Nevada racing commission fund] , within the limits of legislative appropriations, money to those agricultural associations in this state which have conducted race meets without [state aid or] aid from any agricultural district or county, in proportion to the amount of license fees and taxes pain to the commission by each association.
Sec. 7. NRS 466.085 is hereby amended to read as follows:
466.085 In keeping with the purpose of this chapter to encourage [agriculture and] the breeding of horses in this state, the commission shall pay a sum equal to 10 percent of the first money of every purse won by a Nevada-bred [thoroughbred or quarter] horse at a race meeting [shall be paid by the commission] to the breeder of [such] that animal if [moneys for such purpose are available in the fund controlled by the commission pursuant to NRS 466.080.] money is appropriated for that purpose.
Sec. 8. NRS 466.105 is hereby amended to read as follows:
466.105 1. Every application for a license to conduct pair-mutuel wagering under this chapter [shall] must be made upon forms prescribed and furnished by the racing commission.
κ1981 Statutes of Nevada, Page 1603 (CHAPTER 672, SB 183)κ
wagering under this chapter [shall] must be made upon forms prescribed and furnished by the racing commission.
2. The Nevada racing commission shall refer such applications to the Nevada gaming commission for investigation, by the state gaming control board, of the applicant, including officers and directors thereof. Such investigations [shall] must be conducted in the same manner as those for gaming license applicants but subject to the [rules and] regulations of the racing commission.
3. The cost of each investigation made pursuant to this section [shall] must be paid by the applicant. Investigation costs [shall] must be charged on the same basis as those for gaming license and investigations.
4. The Nevada gaming commission, through the state gaming control board, shall investigate such persons and applicants as are referred by the racing commission and shall make a full and complete report thereof, including a recommendation whether to approve or deny the license, to the racing commission.
Sec. 9. NRS 466.125 is hereby amended to read as follows:
466.125 1. Each licensee conducting racing with pari-mutuel wagering shall pay to the commission for the use of the State of Nevada a tax at the rate of 3 percent on all pari-mutuel moneys handled on horse races and 4 percent on all pari-mutuel moneys handled on greyhound races during the race meeting. [, 1 percent of which shall be paid to the commission pursuant to NRS 466.080, and for greyhound races, 1 percent of which shall] For greyhound races, one-fourth of the money paid to the commission must be paid to the city in which the races are to be conducted or if the race is to be conducted outside any city, to the county in which the race is to be conducted.
2. State fair associations, agricultural societies, county fair and recreation boards and county agricultural associations are to pay 1 percent only of total pari-mutuel moneys handled during race meetings.
Sec. 10. NRS 466.170 is hereby amended to read as follows:
466.170 1. The commission [may make and adopt regulations, and thereafter modify the same,] shall adopt regulations providing for the pari-mutuel method of wagering on races and for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any track under the jurisdiction of the commission, or horses, greyhounds, owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents and any other person, persons, organizations, associations or corporations, the activities of whom affect the conduct or operation of licensed race meetings.
2. At a licensed race meeting or race, a person shall not enter a horse or greyhound or participate as an owner, agents, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the commission a license so to do, and paying such fees as the commission shall determine to be reasonable therefor. The commission is authorized to issue such licenses, and may revoke [the same] them at any time for cause.
3. The [rules and] regulations of the commission may include, but are not limited to, the following:
(a) A requirement for fingerprinting, or other method of identification, of applicants and licensees;
κ1981 Statutes of Nevada, Page 1604 (CHAPTER 672, SB 183)κ
(b) A requirement for information concerning applicants antecedents, habits and character; and
(c) The procedure and form of application which applicants shall follow and complete prior to consideration of their applications by the commission.
4. If [any] one member of the commission is a resident within an agricultural district which is conducting racing, [such member shall be] that member is the representative of the commission at [such] that race meeting. If more than one member of the commission is a resident within such a district, the commission shall determine how it is represented at the race meeting.
5 No member of the commission who officially represents the commission at a race meeting may own or otherwise have any financial interest in any horse entered in that race meeting.
Sec. 11. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except for the provisions of NRS 284.182, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government; or
(b) [Members of the Nevada gaming commission or members of the state gaming control board.] Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.
2. Terms and conditions of employment of all persons referred to in subsection 1, including salaries not set forth in NRS 284.182 and leaves of absence (including, without limitation, annual leave and sick and disability leave), must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations, but leaves of absence so prescribed must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter.
Sec. 12. Section 9 of chapter 688, Statutes of Nevada 1979, at page 1841, is hereby amended to read as follows:
Sec. 9. Unless continued or reestablished by express act of the legislature, the following agencies terminate on July 1, 1981:
1. [The Nevada racing commission.
2.] The bureau of community health services established by the state board of health.
[3.] 2. The real estate division of the department of commerce.
Sec. 13. Sections 10 and 11 of chapter 688, Statutes of Nevada 1979, at page 1841, are hereby repealed.
Sec. 14. When the state controller closes the books for the fiscal year ended June 30, 1981, he shall transfer any assets remaining in the Nevada racing commission fund to the state general fund.
Sec. 15. This section and sections 12 and 13 of this act shall become effective upon passage and approval. The remaining sections shall become effective on July 1, 1981.
__________
κ1981 Statutes of Nevada, Page 1605κ
Senate Bill No. 193Committee on Commerce and Labor
CHAPTER 673
AN ACT relating to real estate; providing for the reestablishment of the real estate division of the department of commerce; changing the name of the advisory commission; changing qualifications for commission members; consolidating and changing procedures for examination and licensing; extending time for payment of fees and action on applications; changing fees for transcripts and licenses; imposing a duty on brokers to supervise their associates; providing penalties; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.010 is hereby amended to read as follows:
645.010 As used in this chapter, commission means the [Nevada] real estate [advisory] commission.
Sec. 2. NRS 645.035 is hereby amended to read as follows:
645.035 1. Within the meaning of this chapter, a real estate broker-salesman is any person who holds a real estate brokers license, or who has passed the real estate brokers examination, [pursuant to the provisions of NRS 645.475,] but who, as an employee or as an independent contractor, for compensation or otherwise, is associated with a licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
2. A real estate broker-salesman is an employee for the purposes of industrial insurance and occupational disease coverage, and shall submit proof of coverage under chapters 616 and 617 of NRS in order to obtain or renew a license.
3. In this chapter [wherever] the term real estate salesman [appears the same shall, when applicable, mean] includes real estate broker-salesman [.] when applicable.
Sec. 3. NRS 645.050 is hereby amended to read as follows:
645.050 1. The [Nevada] real estate [advisory] commission is hereby created. The commission consists of five members appointed by the governor. [The governor shall obtain and consider a list of nominees from the Nevada Association of Realtors.]
2. The commission shall act in an advisory capacity to the real estate division, adopt regulations [, approve or disapprove all applications for licenses,] and conduct hearings as provided in this chapter. The commission shall adopt regulations establishing standards for the operation of licensees offices and for their business conduct and ethics.
3. The commission may by regulation delegate any authority conferred upon it by this chapter to the administrator to be exercised pursuant to the regulations of the commission.
4. Service of process and other communications upon the commission may be made at the principal office of the real estate division.
Sec. 4 NRS 645.090 is hereby amended to read as follows:
645.090 Each member of the commission [shall:] must:
1. Be a citizen of the United States.
κ1981 Statutes of Nevada, Page 1606 (CHAPTER 673, SB 193)κ
2. Have been a resident of the State of Nevada for not less than 5 years.
3. Have been actively engaged in business as a real estate broker within the State of Nevada for a period of at least 3 years next immediately preceding the date of his appointment.
Sec. 5. NRS 645.110 is hereby amended to read as follows:
645.110 The commission [shall meet at Carson City, Nevada, annually on the 2nd Monday in July and] , at the first meeting of each fiscal year, shall elect a president, a vice president and a secretary to serve for the ensuing year.
Sec. 6. NRS 645.150 is hereby amended to read as follows:
645.150 1. The commission shall hold [regular meetings on the 2nd Monday of January and July of each year,] at least two meetings annually, one of which [shall] must be held in the [eastern district] southern part of the state, and one of which [meetings shall] must be held in the [western district] northern part of the state, at such place or places as [shall be designated by] the commission designates for that purpose.
2. [Special] Additional meetings of the commission [shall] may be held at the call of the president [whenever] when there is sufficient business to come before the commission to warrant such action, at any place [most] convenient to the commission, or upon written request of two members of the commission. Written notice of the time, place and purpose of all such meetings [shall] must be given to each [commission] member at least [5] 3 working days prior to the holding of [a special meeting.] each additional meeting.
Sec. 7. NRS 645.310 is hereby amended to read as follows:
645.310 1. All deposits accepted by every [person holding a real estate brokers license or] real estate broker or person registered as an owner-developer pursuant to this chapter, which [deposits] are retained by him pending consummation or termination of the transaction involved, must be accounted for in the full amount at the time of the consummation or termination.
2. Every real estate salesman or broker-salesman who [received a deposit on any transaction in which he is engaged] receives any money on behalf of a broker or owner-developer shall pay over the [deposit] money promptly to the real estate broker or owner-developer.
3. A real estate broker shall not commingle the money or other property of his principal with his own.
4. [Each broker shall maintain] If a broker receives money, as a broker, which belongs to others, he shall promptly deposit the money in a separate checking account in a bank in this state which must be designated a trust account. All down payments, earnest money deposits, rents, or other [trust funds] money which he receives, on behalf of his principal or any other person, must be deposited in the account unless all persons who have any interest in the money have agreed otherwise in writing. A real estate broker in his discretion may pay to any seller or the sellers authorized agent the whole or any portion of such special deposit. [Such] The real estate broker is personally responsible and liable for such deposit at all times. A real estate broker shall not permit any advance payment of funds belonging to others to be deposited in the real estate brokers business or personal account or to be commingled with any money he may have on deposit.
κ1981 Statutes of Nevada, Page 1607 (CHAPTER 673, SB 193)κ
funds belonging to others to be deposited in the real estate brokers business or personal account or to be commingled with any money he may have on deposit.
5. Every real estate broker required to maintain a separate custodial or trust fund account shall keep records of all money deposited [therein, which] therein. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. All such records and money are subject to inspection and audit by the division and its authorized representatives. All such separate custodial or trust fund accounts must designate the real estate broker as trustee and provide for withdrawal of money without previous notice.
6. Each broker shall notify the division of the names of the banks in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.
Sec. 8. NRS 645.330 is hereby amended to read as follows:
645.330 1. The division may approve an application [for examination] for a license for a person who [:] meets all the following requirements:
(a) Has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a broker, broker-salesman or salesman in a manner which safeguards the interest of the public, and who offers [satisfactory] proof of those qualifications satisfactory to the [board.] division.
(b) Has not been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude in any court of competent jurisdiction in the United States or elsewhere. The untrustworthiness of an applicant and a conviction of a crime listed in this subsection may be sufficient ground for refusal of a license. The [board] division may, in its discretion, deny a license to any person who has been convicted of engaging in a real estate business without a license.
(c) Has not made a false statement of material fact on his application.
(d) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.
(e) Has satisfactorily passed the examination.
2. Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 1 year before the date of the application is grounds for refusal to grant a license.
3. A person [must] may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding:
κ1981 Statutes of Nevada, Page 1608 (CHAPTER 673, SB 193)κ
(a) The issuance of a brokers license; or
(b) The date of application for examination for a brokers license
Sec. 9 NRS 645.340 is hereby amended to read as follows:
645.340 1. The division shall not approve an application for [examination for] a brokers or salesmans license of any person unless he is a bona fide resident of the State of Nevada.
2. The requirements of subsection 1 are applicable to each member of a copartnership or association and to each officer or director of a corporation who will actively engage in the real estate business.
Sec. 10 NRS 645.350 is hereby amended to read as follows:
645.350 1. Application [for examination] for license as a real estate broker, broker-salesman or salesman must be made in writing to the division upon blanks prepared or furnished by the division.
2. Every application for [examination for] a real estate brokers, broker-salesmans or salesmans license must set forth the following information:
(a) The name, age and address of the applicant. If the applicant is a copartnership or an association which is doing business as a real estate broker, the name and address of each member thereof. If the application is for a corporation which is doing business as a real estate salesman, real estate broker-salesman or real estate broker, the name and address of each officer and director thereof.
(b) [The name, if known,] In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicants firm, copartnership or association. Except as provided in section 1 of [this act,] Senate Bill No. 479 of the 61st session of the Nevada legislature, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
(c) [The] In the case of a broker, the place or places, including the street number, the city and county where the business is to be conducted. [, if known.]
(d) The business or occupation engaged in by the applicant for a period of at least 2 years immediately preceding the date of the application, and the location thereof; if a copartnership or an association is doing business as a real estate broker, by each member thereof, or if a corporation, by each officer thereof.
(e) The time and place of the applicants previous experience in the real estate business as a broker or salesman.
(f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty or nolo contendere to a charge of felony, and if so, the nature of the felony.
(g) Whether the applicant has been refused a real estate brokers, broker-salesmans or salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state.
(h) If the applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.
κ1981 Statutes of Nevada, Page 1609 (CHAPTER 673, SB 193)κ
an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.
3. An applicant [for examination] for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated [. The statement must be provided to the division and must contain:
(a) The information required in an application for a brokers license.
(b) The name and address of the applicants last employer.
(c) The name and place of business of the person who employs the applicant or with whom he will be associated.
4. If the information required in paragraphs (b) and (c) of subsection 2 is not known at the time of the application, it must be furnished as an addendum to the application as soon as it becomes known to the applicant.
5.] , expressing the intent of that broker to associate the applicant with him and to be responsible for the applicants activities as a licensee.
4. If a copartnership or association is [doing] to do business as a real estate broker, the application for a brokers license must be verified by at least two members thereof. If a corporation is [doing] to do business as a real estate broker, the applicant must be verified by the president and the secretary thereof.
Sec. 11. NRS 645.400 is hereby amended to read as follows:
645.400 1. In addition to the information required by this chapter, applications for brokers or salesmans [examinations and] licenses must contain such other information pertaining to the applicants as the [commission] division may require.
2. The [commission] division may require such other proof through the application or otherwise, with due regard to the paramount interests of the public as to the honesty, truthfulness, integrity and competency of the applicant.
3. The commission may adopt regulations connected with the application for any examination and license.
Sec. 12. NRS 645.410 is hereby amended to read as follows:
645.410 Every application for examination for a license as real estate broker, broker-salesman or salesman under the provisions of this chapter must be accompanied by the examination fee prescribed by this chapter. The applicant shall pay the original license fee and the real estate education, research and recovery fund fee within [30] 90 days after he is notified in writing by the division that [he has passed the examination.] his application for a license has been approved. If an applicant fails to pay the prescribed fees within [30] 90 days after notification, no license may be issued to him except upon another original application, except that within 1 year of the due date a license may be issued upon payment of a fee one and one-half times the amount otherwise required for a license.
Sec. 13. NRS 645.420 is hereby amended to read as follows:
645.420 1. [Except as provided in subsection 2,] The division shall notify each applicant in writing whether he passed or failed the examination.
2. The division shall act upon all applications for licenses as real estate brokers, broker-salesmen or real estate salesmen [must be acted upon by the real estate division] within [30] 60 days from the date of [the written examination, as provided and scheduled in NRS 645.450, next following the filing of applications therefor.
κ1981 Statutes of Nevada, Page 1610 (CHAPTER 673, SB 193)κ
estate brokers, broker-salesmen or real estate salesmen [must be acted upon by the real estate division] within [30] 60 days from the date of [the written examination, as provided and scheduled in NRS 645.450, next following the filing of applications therefor. No license may be issued by the real estate division until the application therefor has been approved by the commission.
2. All applications for licenses as real estate brokers where the applicant takes the written examination before meeting the experience requirements of subsection 3 of NRS 645.330 must be acted upon by the real estate division within 30 days from the date the applicant furnishes proof satisfactory to the division that all the requirements of this chapter have been met.] receiving the completed application for a license.
3. If in the opinion of the real estate division additional investigation of the applicant appears necessary, the real estate division may extend the [30-day] 60-day period and may make such additional investigation as is necessary or desirable before acting on the applicants application.
4. The burden of proof is on the applicant to establish to the satisfaction of the real estate division that he is qualified to receive a license.
5. [The division shall notify each applicant in writing of his passing or failing the examination.] Passing the examination creates no vested right in the applicant to hold a license pending his appeal of a denial of his licensing by the division.
6. The division, upon the discovery of any error in the issuance of a license which is related to the qualification or fitness of the licensee, may invalidate the license. The division shall promptly notify the licensee, in writing, of the invalidation and the licensee shall surrender the license to the division within 20 days after notice is sent by the division. A licensee whose license is invalidated under this subsection and is surrendered within the time specified is entitled to a hearing as for a denial of application in accordance with the provisions of NRS 645.440.
Sec. 14. NRS 645.440 is hereby amended to read as follows:
645.440 1. If the division, after an application for a license in proper form has been filed with it, accompanied by the proper fee, denies an application, the division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.
2. Upon written request from the applicant, filed within 30 days after receipt of that notice by the applicant, the president of the commission shall set the matter for a hearing to be conducted within 90 days after receipt of the applicants request if the request contains allegations which, if true:
(a) [Qualify the applicant to take the examination;
(b)] Qualify the applicant for a license; or
[(c)] (b) Would entitle the applicant to a waiver of the education requirements of NRS 645.343.
3. The hearing must be held at such time and place as the commission prescribes. At least 15 days before the date set for the hearing, the division shall notify the applicant and shall accompany the notification with an exact copy of any protest filed, together with copies of all communications, reports, affidavits or depositions in possession of the division relevant to the matter in question.
κ1981 Statutes of Nevada, Page 1611 (CHAPTER 673, SB 193)κ
division relevant to the matter in question. Written notice of hearing may be served by delivery personally to the applicant, or by mailing it by certified mail to the last-known business address of the applicant. [If the application is for a real estate salesmans license, the division shall also notify the broker with whom the applicant expected to be associated by mailing the notice by certified mail to the brokers last-known business address.]
4. The hearing may be held by the commission or a majority thereof, and a hearing must be held, if the applicant so desires. [, within the county where the applicants principal place of business is situated.] A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the division of [such fee as the commission prescribes by regulation, not exceeding 25 cents per folio or the cost of reproducing the tape.] the reasonable cost of transcription.
5. The commission shall render a decision on any appeal within 60 days from the final hearing and shall notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.
6. [Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted or has entered a plea of guilty in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.
7.] Where an applicant has made a false statement of material fact on his application [such] , the false statement may in itself be sufficient ground for refusal of a license.
Sec. 15. NRS 645.460 is hereby amended to read as follows:
645.460 1. [In addition to the proof of honesty, truthfulness and good reputation required of any applicant for a real estate license, the] The division shall ascertain by written examination that the applicant has an appropriate knowledge and understanding of those subjects which commonly and customarily apply to the real estate business.
2. The division may hire a professional testing organization to create, administer or score the written examination or perform all of those functions.
3. [The division shall notify each applicant of his having passed or failed the examination.] The division may accept successful completion of the uniform portion of a national real estate examination in partial satisfaction of the requirements of the examination in Nevada.
Sec. 16. NRS 645.475 is hereby amended to read as follows:
645.475 1. An applicant for a real estate brokers [examination] license may take the written examination [upon furnishing proof satisfactory to the division that] before he has complied with [all the requirements for a brokers license with the exception of] the experience requirements of subsection 3 of NRS 645.330; but the division shall not approve the issuance of a brokers license until all the requirements of this chapter are met.
2. An applicant, pursuant to subsection 1, who passes the brokers examination must be issued a broker-salesmans license. [The applicant shall pay the license fee and the required amount to the real estate education, research and recovery fund within 30 days after he is notified that he has passed the examination or paid the additional fee required by NRS 645.410.]
κ1981 Statutes of Nevada, Page 1612 (CHAPTER 673, SB 193)κ
shall pay the license fee and the required amount to the real estate education, research and recovery fund within 30 days after he is notified that he has passed the examination or paid the additional fee required by NRS 645.410.] The applicant may be issued a brokers license upon:
(a) Making proper application to the division; and
(b) Satisfying the experience requirements of subsection 3 of NRS 645.330.
Sec. 16.5. NRS 645.630 is hereby amended to read as follows:
645.630 The commission may suspend, revoke or reissue subject to conditions any license issued under the provisions of this chapter at any time where the licensee has, by false or fraudulent representation, obtained a license, or where the licensee, whether or not acting as a licensee, is found guilty of:
1. Making any material misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.
4. Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.
5. Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.
6. Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.
7. Commingling the money or other property of his principals with his own or converting the money of others to his own use.
8. Failure by a broker-salesman or salesman to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit money or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.
9. Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase, and such fact is shown in the earnest money receipt.
10. Upon acceptance of agreement, failure on the part of a broker to deposit any check or cash received as an earnest money deposit before the end of the next banking day unless otherwise provided in the purchase agreement.
11. Inducing any party to a contract, sale or lease to break it in order to substitute a new contract, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered in order to secure personal gain to the licensee.
Sec. 17. NRS 645.660 is hereby amended to read as follows:
645.660 1. Any unlawful act or violation of any of the provisions of this chapter by any licensee is not cause for the suspension or revocation of a license of any person associated with the licensee, unless it appears to the satisfaction of the commission that the associate [had guilty knowledge thereof.] knew or should have known thereof. A course of dealing shown to have been persistently and consistently followed by any licensee constitutes prima facie evidence of such knowledge upon the part of the associate.
κ1981 Statutes of Nevada, Page 1613 (CHAPTER 673, SB 193)κ
course of dealing shown to have been persistently and consistently followed by any licensee constitutes prima facie evidence of such knowledge upon the part of the associate.
2. If it appears that a registered owner-developer [had guilty knowledge] knew or should have known of any unlawful act or violation on the part of a real estate broker-salesman or salesman employed by him, in the course of his employment, the commission may suspend or revoke his registration.
3. The commission may suspend or revoke the license of a real estate broker and may assess a civil penalty of not more than $500 against him if it appears he has failed to maintain adequate supervision of a salesman or broker-salesman associated with him and that person commits any unlawful act or violates any of the provisions of this chapter.
Sec. 18. NRS 645.690 is hereby amended to read as follows:
645.690 1. The hearing on the charges must be held at such time and place as the commission prescribes. The hearing may be held by the commission or a majority thereof, and the hearing must be held, if the licensee so requests in writing, within the county where the licensees principal place of business is situated.
2. [At the hearing the licensee is entitled:
(a) To examine, either in person or by counsel, all persons who testify against him, as well as all other witnesses whose testimony is presented at the hearing and is relied upon to substantiate the charge made.
(b) To present such evidence, written and oral, as he sees fit, and is pertinent to the inquiry.
3.] At the hearing, [all witnesses must be sworn by the commission, or any member thereof, and] a stenographic transcript of the proceedings must be made [and filed as part of the record in the case.] if requested or required for judicial review. Any party to the proceedings desiring [it] a transcript must be furnished with a copy [of the transcript] upon payment to the division of [such fee as it adopts by regulation, not exceeding 25 cents per folio.] the reasonable cost of transcription.
Sec. 19. NRS 645.760 is hereby amended to read as follows:
645.760 1. A ruling or decision of the commission in any disciplinary action is final when in favor of the licensee.
2. If a ruling or decision is against the licensee, the licensee may within 30 days from the date of the decision appeal therefrom to the district court in and for the county in which the party adversely affected by the decision resides or has his place of business under the terms of this chapter, by serving upon the administrator a notice of such appeal, a written petition for review and a demand in writing for a certified transcript of all the papers on file in the office of the division affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than [25 cents for each folio of the transcript and] $1 for the certification thereof. Thereupon, the division shall, within 30 days, make and certify the transcript, and the appellant shall, within 5 days after receiving it, file it and the notice of appeal with the clerk of the court. The petition for review need not be certified but must set forth in specific detail any ground for the appeal, including any errors which the licensee contends that the commission committed at the hearing. The commission is a party to review proceedings. The petition may be served upon the administrator by delivery or by certified mail.
κ1981 Statutes of Nevada, Page 1614 (CHAPTER 673, SB 193)κ
administrator by delivery or by certified mail. The petition must be filed in the district court.
3. Upon the hearing of the appeal, the burden of proof shall be upon the appellant, and the court shall consider the action of the commission from which the appeal is taken, and is limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the commission in making such decision.
Sec. 20. NRS 645.830 is hereby amended to read as follows:
645.830 1. The following fees must be charged by and paid to the division:
For each real estate salesmans or brokers examination.................... [$40] $55
For each original real estate brokers, broker-salesmans or corporate brokers license..................................................................................................... [80] 130
For each original real estate salesmans license..................................... [50] 100
For each original branch office license.................................................... [50] 100
For [each] real estate education, research and recovery [fee] to be paid at the time of issuance of each 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] 90 days after notification.......................................................................... [40] 65
For each penalty assessed for failure of an applicant for an original salesmans license to file within [30 days of] 90 days after notification.......... [25] 50
For each renewal of a real estate brokers, broker-salesmans or corporate brokers license..................................................................................................... [80] 130
For each renewal of a real estate salesmans license............................. [50] 100
For each renewal of a real estate branch office license......................... [50] 100
For each penalty for late filing of a renewal for a brokers, broker-salesmans or corporate brokers license................................................................... [40] 65
For each penalty for late filing of a renewal for a salesmans license. [25] 50
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 where the original license 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
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
κ1981 Statutes of Nevada, Page 1615 (CHAPTER 673, SB 193)κ
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
For each original accreditation of a course of continuing education... 50
For each renewal of accreditation of a course of continuing education ................................................................................................................... 10
2. The fees prescribed for courses of continuing education do not apply to any university or college of the University of Nevada system.
Sec. 21. NRS 645.842 is hereby amended to read as follows:
645.842 The real estate education, research and recovery fund is hereby created as a special revenue fund. A balance of not [more] less than $50,000 must be maintained in the fund, to be used for satisfying claims against persons licensed under this chapter, as provided in NRS 645.841 to 645.8494, inclusive. Any balance over $50,000 at the end of any fiscal year must be set aside and used by the administrator, after approval of the commission, for real estate education and research.
Sec. 22. NRS 645.843 is hereby amended to read as follows:
645.843 1. Upon issuance or renewal of every real estate brokers, broker-salesmans and salesmans license, every licensed broker, broker-salesman and salesman shall pay in addition to the original or renewal fee, a fee [of $40.] for real estate education, research and recovery. The additional fee must be deposited in the state treasury for credit to the real estate education, research and recovery fund, and [shall] must be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.
2. Owner-developers need not contribute to the fund.
Sec. 23. NRS 645.844 is hereby amended to read as follows:
645.844 1. When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter, that person, [may,] upon termination of all proceedings, including appeals in connection with any judgment, may file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of the unpaid actual damages included in the judgment, [and unpaid,] but not more than $10,000 per claimant. [and the] The liability of the fund does not exceed $20,000 for any licensee. The petition must state the grounds which entitle the person to recover from the fund.
2. A copy of the petition must be served upon the administrator and an affidavit of service must be filed with the court.
κ1981 Statutes of Nevada, Page 1616 (CHAPTER 673, SB 193)κ
3. The court shall act upon the petition within 30 days after service and, upon the hearing thereof, the petitioner shall show that:
(a) He is not the spouse of the debtor, or the personal representative of that spouse.
(b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.
(c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof, the amount owing thereon at the date of the petition, and that the action in which the judgment was obtained was based on fraud, misrepresentation or deceit of the licensee in a transaction for which a license is required pursuant to this chapter.
(d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of assets was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
(e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
(f) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
[(g) He has posted a bond to guarantee costs should his application be denied, in the amount of 10 percent of the actual damages he seeks from the fund.]
4. The provisions of this section do not apply to owner-developers.
Sec. 24. NRS 645.847 is hereby amended to read as follows:
645.847 If the administrator pays from the fund any amount in settlement of a claim or towards satisfaction of a judgment against a licensee, his license issued pursuant to chapter 119 of NRS and this chapter must be automatically suspended upon the effective date of an order by the court as set forth herein authorizing payment from the fund. No such broker, broker-salesman or salesman may be reinstated until he has repaid in full, plus interest at the rate of [6] 8 percent per annum, the amount paid from the fund on his account. Interest is computed from the date payment from the fund was made by the administrator.
Sec. 25. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
An applicant for examination for a license as broker, broker-salesman or salesman in this state must, as part of his application, be fingerprinted. Each applicant shall, at his own expense, and on a card provided by the division, arrange to be fingerprinted by any police or sheriffs office and shall attach his fingerprint card, after his fingerprints are taken, to his application. The division may mail the applicants fingerprint card to the Federal Bureau of Investigation, Washington, D.C., for its report, and to such other law enforcement agencies as the division may deem necessary.
Sec. 26. NRS 119.160 is hereby amended to read as follows:
119.160 1. The administrator of the division shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a public report authorizing the sale or lease, or the offer for sale or lease, in this state of the lots or parcels in the subdivision.
κ1981 Statutes of Nevada, Page 1617 (CHAPTER 673, SB 193)κ
issue to the subdivider a public report authorizing the sale or lease, or the offer for sale or lease, in this state of the lots or parcels in the subdivision. The report [shall] must contain the data obtained in accordance with NRS 119.140 and which the administrator determines are necessary to implement the purposes of this chapter. The administrator may publish the report.
2. The grounds for denial are:
(a) Failure to comply with any of the provisions in this chapter or the rules and regulations of the division pertaining thereto.
(b) [The] That the sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.
(c) Inability to deliver title or other interest contracted for.
(d) Inability to demonstrate that adequate financial arrangements have been made for all offsite improvements included in the offering.
(e) Inability to demonstrate that adequate financial arrangements have been made for any community, recreational or other facilities included in the offering.
(f) Failure to make a showing that the parcels can be used for the purpose for which they are offered.
(g) Failure to provide in the contract or other writing the use or uses for which the parcels are offered, together with any covenants or conditions relative thereto.
(h) Agreements or bylaws to provide for management or other services pertaining to common facilities in the offering, which fail to comply with the regulations of the division.
(i) Failure to demonstrate that adequate financial arrangements have been made for any guaranty or warranty included in the offering.
3. If the administrator of the division finds that grounds for denial exist, he shall issue an order so stating to the owner or subdivider no later than 30 days after receipt of the information required to be filed by NRS 119.130 and 119.140. The administrator may, alternatively, issue a temporary permit to be effective for not more than 6 months from the date of issuance. If the administrator of the division issues an order of denial, the owner or developer may appeal such order to the director of the department of commerce who shall, within 5 days of the receipt of such appeal, determine whether grounds for denial exist. If the director finds that grounds for denial exist, he shall confirm the denial. If the director confirms the denial, the owner or developer may appeal to the real estate [advisory] commission, [created by NRS 645.050,] which shall conduct a hearing and either confirm the denial or order a license issued within 30 days of the receipt of the appeal.
4. If is appears to the administrator of the division that a statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the administrator shall so advise the developer within a reasonable time after the filing of the statement or the amendment, but prior to the date the statement or amendment would otherwise be effective. [Such notification shall serve] This notification serves to suspend the effective date of the statement or the amendment until 30 days after the developer files such additional information as the administrator [shall require.] requires. Any developer, upon receipt of such notice, may request a hearing, and such hearing [shall] must be held within 20 days of receipt of such request by the administrator.
κ1981 Statutes of Nevada, Page 1618 (CHAPTER 673, SB 193)κ
such notice, may request a hearing, and such hearing [shall] must be held within 20 days of receipt of such request by the administrator.
Sec. 27. NRS 119.320 is hereby amended to read as follows:
119.320 1. Subject to the provisions of this chapter, the division shall collect the following fees at such times and upon such conditions as it may provide by rule and regulation:
For each annual registered representatives license to represent a developer $25
For each transfer of a registered representatives license to represent a developer .................................................................................................................... 10
For each application for a developers permit for a subdivision or for exemption from any provision of this chapter................................................................ 25
For each developers permit per subdivision............................................ 250
The $250 fee [shall] does not apply to any subdivision having 34 or fewer lots, parcels, interests or units nor to any subdivision where the lots, parcels, interests or units being offered or disposed of are in excess of 40 acres net size.
2. At the time of the original filing, each developer shall pay an additional $5 for each lot, parcel, interest or unit in any one subdivision in excess of 50, but not exceeding 250 such lots, parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or units in any one subdivision; $3 for 501 through 750 lots, parcels, interests or units in any one subdivision; and $2.50 for all lots, parcels, interests or units in excess of 750 in any one subdivision. The developer may designate lots, parcels, interests or units it intends to offer for sale or lease in this state out of the subdivision and the per lot parcel, interest, or unit fee shall only be applicable to such lots, parcels, interests or units. Such units [shall] must be designated in groupings of no less than 5 contiguous units in each group, except that the division in its discretion may accept fewer upon request of the developer. [Should] If the developer [determine] determines to offer additional lots, parcels, interests or units it shall so certify to the division and pay the additional fee therefor.
3. With the exception of the fees for a registered representatives license or transfer, the fees enumerated in this section [shall] must be reduced by the administrator at such times as, in his judgment, he considers a reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.
Sec. 28. Section 9 of chapter 688, Statutes of Nevada 1979, at page 1841, is hereby amended to read as follows:
Sec. 9. Unless continued or reestablished by express act of the legislature, the following agencies terminate on July 1, 1981:
1. The Nevada racing commission.
2. The bureau of community health services established by the state board of health.
[3. The real estate division of the department of commerce.]
Sec. 29 NRS 645.360 is hereby repealed.
κ1981 Statutes of Nevada, Page 1619 (CHAPTER 673, SB 193)κ
Sec. 30. Sections 13 to 27, inclusive, of chapter 688, Statutes of Nevada 1979, at page 1841, are hereby repealed.
Sec. 31. 1. This section and sections 28 and 30 of this act shall become effective upon passage and approval.
2. Sections 10, 13 and 20 of this act shall become effective at 12:01 a.m. on July 1, 1981.
3. The remaining sections of this act shall become effective on July 1, 1981.
__________
Assembly Bill No. 112Assemblyman Dini
CHAPTER 674
AN ACT relating to the power of eminent domain; limiting exercise of that power to appropriate land in a historic district; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 37 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Before any person, other than a government or public utility, may exercise the right of eminent domain to take any real property within a historic district organized under chapter 384 of NRS, he must first obtain the approval of the board of county commissioners of the county in which that real property is situated. This consent must not be withheld if the person seeking to exercise the right of eminent domain shows that:
(a) The property will be put to a public use;
(b) The property is necessary for that public use; and
(c) The intended public use will be of great public benefit to the immediate community or area in which the real property is situated and not significantly harmful to historic landmarks or features.
2. In any subsequent judicial proceeding to condemn that real property, the determinations of the board of county commissioners whether the property will be put to a public use and whether it is necessary for that use are prima facie evidence of those facts, respectively, unless the court specifically finds that the determinations were:
(a) Arbitrary and capricious; or
(b) Not supported by substantial evidence.
__________
κ1981 Statutes of Nevada, Page 1620κ
Assembly Bill No. 145Assemblymen Dini, Polish, May, Jeffrey, Schofield, Nicholas and DuBois
CHAPTER 675
AN ACT relating to revenue bonds for industrial development; authorizing the director of the department of commerce to issue them for projects chosen by counties and cities; adding fire protection and commercial enterprises to the permitted purposes; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.250 is hereby amended to read as follows:
232.250 The director: [shall:]
1. [Appoint,] Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, other than that of the state fire marshal, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and make the appointments after consultation with and concurrence of the organizations. The director shall consult the state fire marshals advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the banking division [shall be known as] is the superintendent of banks, the chief of the consumer affairs division [shall be known as] is the commissioner of consumer affairs, the chief of the credit union division [shall be known as] is the commissioner of credit unions, the chief of the housing division [shall be known as] is the administrator of the housing division, the chief of the insurance division [shall be known as] is the commissioner of insurance, the chief of the manufactured housing division [shall be known as] is the administrator of the manufactured housing division, the chief of the real estate division [shall be known as] is the real estate administrator, the chief of the savings and loan division [shall be known as] is the commissioner of savings associations and the chief of the state fire marshal division [shall be known as] is the state fire marshal.
2. [Be] Is responsible for the administration [,] through the divisions of the department [,] of the provisions of Titles 55 to 57, inclusive, of NRS, chapters 319 and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of [the divisions of] the department.
Sec. 2. Chapter 244A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may exercise its power to issue bonds and to redeem them by requesting the director of the department of commerce to issue bonds to finance any project for which bonds could be issued pursuant to NRS 244A.669 to 244A.736, inclusive.
2. If the director believes that the bonds are marketable under the terms set forth in the resolution of the board requesting their issuance, he may proceed to issue them as special obligations of the state, secured only by the revenues, mortgage or pledge specified in the resolution.
κ1981 Statutes of Nevada, Page 1621 (CHAPTER 675, AB 145)κ
3. The director may receive and disburse the revenues of each project for which he has issued bonds, and may charge from those revenues, or directly to the county if those revenues are not sufficient, a reasonable compensation for his services. The director may exercise any power which the board would have to collect payments due from the obligor.
Sec. 3. NRS 244A.669 is hereby amended to read as follows:
244A.669 NRS 244A.669 to 244A.763, inclusive, and section 2 of this act may be cited as the County Economic Development Revenue Bond Law.
Sec. 3.3. NRS 244A.689 is hereby amended to read as follows:
244A.689 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial, warehousing or research and development enterprise, a health and care facility or a supplemental facility for a health and care facility.
2. The refinancing of any land, building or other improvement and any real and personal property necessary for a health and care facility or a supplemental facility for a health and care facility.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
5. Any undertaking by a public utility, in addition to that allowed by [subsection] subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
[5.] 6. In addition to the kinds of property described in [subsection] subsections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including without limitation any leases and any rights to take water or fuel.
Sec. 3.6. NRS 244A.695 is hereby amended to read as follows:
244A.695 1. It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to the end that the counties may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in, remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources [.]
κ1981 Statutes of Nevada, Page 1622 (CHAPTER 675, AB 145)κ
all parts of this state and in furthering the use of its agricultural products and natural resources [.] , and to enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire. It is, therefore, the intention of the legislature to vest the counties with all powers that may be necessary to enable them to accomplish those purposes. The powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2 It is also the intent of the legislature to authorize counties to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public, in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability. This purpose includes the furnishing of electricity and the provision of facilities to transmit electricity for sale outside the state if its generation promotes industry, commerce or employment within the state.
3. It is also the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the county.
4. It is not intended that any county itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
5. No county may by virtue of NRS 244A.669 to 244A.763, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same. The provisions of this subsection do not apply to health and care facilities or to supplemental facilities for health and care facilities.
6. NRS 244A.669 to 244A.763, inclusive, must be liberally construed in conformity with this declaration of purpose.
Sec. 4. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governing body may exercise its power to issue bonds and to redeem them by requesting the director of the department of commerce to issue bonds to finance any project for which bonds could be issued pursuant to NRS 268.512 to 268.568, inclusive.
2. If the director believes that the bonds are marketable under the terms set forth in the resolution of the governing body requesting their issuance, he may proceed to issue them as special obligations of the state, secured only by the revenues, mortgage or pledge specified in the resolution.
κ1981 Statutes of Nevada, Page 1623 (CHAPTER 675, AB 145)κ
terms set forth in the resolution of the governing body requesting their issuance, he may proceed to issue them as special obligations of the state, secured only by the revenues, mortgage or pledge specified in the resolution.
3. The director may receive and disburse the revenues of each project for which he has issued bonds, and may charge from those revenues, or directly to the city if those revenues are not sufficient, a reasonable compensation for his services. The director may exercise any power which the governing body would have to collect payments due from the obligor.
Sec. 5. NRS 268.512 is hereby amended to read as follows:
268.512 NRS 268.512 to 268.568, inclusive, and section 4 of this act may be cited as the City Economic Development Revenue Bond Law.
Sec. 5.3. NRS 268.522 is hereby amended to read as follows:
268.522 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial, warehousing or research and development enterprise, a health and care facility or a supplemental facility for a health and care facility.
2. The refinancing of any land, building or other improvement and any real and personal property necessary for a health and care facility or a supplemental facility for a health and care facility.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when that material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
[4.] 5. Any undertaking by a public utility, in addition to that allowed by [subsection] subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 5.6. NRS 268.524 is hereby amended to read as follows:
268.524 1. It is the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of properties to the end that the cities may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in, remain or expand in this state, to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources [.]
κ1981 Statutes of Nevada, Page 1624 (CHAPTER 675, AB 145)κ
in all parts of this state and in furthering the use of its agricultural products and natural resources [.] , and to enhance public safety by protecting hotels, motels, apartment buildings, casinos, and office buildings and their occupants from fire. It is, therefore, the intention of the legislature to vest the cities with all powers that may be necessary to enable them to accomplish those purposes. The powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize cities to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution, or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
3. It is also the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the cities.
4. It is not intended hereby that any city itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
5. No city may by virtue of NRS 268.512 to 268.568, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate within or within 10 miles of the city which would offer substantial competition to an existing enterprise within the county in which such city is located whose intrastate markets are substantially the same. The provisions of this subsection do not apply to health and care facilities or to supplemental facilities for health and care facilities.
6. NRS 268.512 to 268.568, inclusive, must be liberally construed in conformity with this declaration of purpose.
Sec. 6. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 34, inclusive, of this act.
Sec. 7. As used in sections 7 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 21, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. Board means the state board of finance.
Sec. 9. Bonds or revenue bonds means bonds, notes, or other securities evidencing an obligation and issued under sections 7 to 34, inclusive, of this act.
Sec. 10. Cost of a project means all or a designated part of the cost of any project, including any incidental cost pertaining to the project.
κ1981 Statutes of Nevada, Page 1625 (CHAPTER 675, AB 145)κ
cost of any project, including any incidental cost pertaining to the project. The cost of a project may include, among other costs, the costs of:
1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;
2. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;
3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;
4. Establishment of a reserve for contingencies;
5. Interests on bonds for any time which does not exceed 1 year, discounts on bonds, reserves for the payment of the principal and interest on bonds, replacement expenses and other costs of issuing bonds;
6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the project; and
7. Short-term financing,
and the expense of operation and maintenance of the project.
Sec. 11. Director means the director of the department of commerce or any person within the department of commerce designated by him to perform duties in connection with a project or the issuance of bonds.
Sec. 12. Expense of operation and maintenance means any reasonable and necessary current expense of the state for the operation, maintenance or administration of a project or of the collection and administration of revenues from a project. The term includes, among other expenses:
1. Expenses for engineering, auditing, reporting, legal services and other expenses of the director which are directly related to the administration of projects.
2. Premiums for fidelity bonds, and policies of property and liability insurance pertaining to projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the state.
3. Payments to pension, retirement, health insurance and other insurance funds.
4. Reasonable charges made by any paying agent, commercial bank, trust company or other depository bank pertaining to any bonds.
5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary.
6. Costs incurred in the collection and any refund of revenues from the project, including the amount of the refund.
Sec. 13. Finance or financing includes the issue of bonds by the director for the purpose of using substantially all of the proceeds to pay (or to reimburse the obligor or its designee) for the costs of acquiring, improving and equipping a project, whether these costs are incurred by the director, the obligor or a designee of the obligor.
Sec. 14. Financing agreement means an agreement by which the director agrees to issue bonds pursuant to sections 7 to 34, inclusive, of this act to finance one or more projects and the obligor agrees to:
1. Make payments (directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the director or his designee or assignee, including a trustee, pursuant to the financing agreement) sufficient to pay the principal of, premium if any, and interests on the bonds;
κ1981 Statutes of Nevada, Page 1626 (CHAPTER 675, AB 145)κ
other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the director or his designee or assignee, including a trustee, pursuant to the financing agreement) sufficient to pay the principal of, premium if any, and interests on the bonds;
2. Pay other amounts required by sections 7 to 34, inclusive, of this act; or
3. Comply with all other applicable provisions of sections 7 to 34, inclusive, of this act.
Sec. 15. Health and care facility means a hospital, an intermediate care facility or a skilled nursing facility as those terms are defined in NRS 449.012, 449.014 and 449.018, respectively.
Sec. 16. Mortgage includes a deed of trust and any other security agreement covering real or personal property or both.
Sec. 17. Obligor means the natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, who agrees to make the payments required by the financing agreement.
Sec. 18. Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for a manufacturing, industrial, warehousing, commercial or research and development enterprise, a health and care facility or a supplemental facility for a health and care facility; or
2. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
Sec. 19. Revenues of a project, or derived from a project, include payments under a lease, agreement of sale or financing agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of an obligor executed and delivered by the obligor to the director or his designee or assignee (including a trustee) pursuant to such lease, agreement of sale or financing agreement, or under any guarantee of or insurance with respect to any of these.
Sec. 20. Supplemental facility for a health and care facility includes a clinic, facility for outpatients, and any other structure or facility directly related to the operation of a health and care facility.
Sec. 21. Warehousing means the consignment of personal property from outside this state to a private warehouse within this state for temporary storage during the transit of the property to a final destination outside the state.
Sec. 22. As used in sections 7 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in:
1. NRS 244A.673 to 244A.693, inclusive, have the meanings ascribed to them in those sections for the purpose of issuing bonds to obtain money for the support of an industrial development project within a county, except that if a board makes a request to the director to issue bonds, all references to the issuance of bonds by a county or the entering into of financial agreements with the county shall be deemed to refer to the bonds issued by the director and agreements to be executed by the director; and
κ1981 Statutes of Nevada, Page 1627 (CHAPTER 675, AB 145)κ
entering into of financial agreements with the county shall be deemed to refer to the bonds issued by the director and agreements to be executed by the director; and
2. NRS 268.516 to 268.523, inclusive, have the meanings ascribed to them in those sections for the purpose of issuing bonds to obtain money for the support of an industrial development project within a city, except that if a city makes a request to the director to issue bonds, all references to the issuance of bonds by a city or the entering into of financing agreements with the city shall be deemed to refer to the bonds issued by the director and agreements to be executed by the director.
Sec. 23. 1. It is the intent of the legislature to authorize the director to finance, acquire, own, lease, improve and dispose of properties to the end that the director may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing, commercial and research and development enterprises to locate in, remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of tis agricultural products and natural resources, and to enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire. It is, therefore, the intention of the legislature to vest the director with all powers that may be necessary to enable him to accomplish those purposes, which powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize the director to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the community in which the facilities are situated.
3. It is not intended hereby that the director himself be authorized to operate any such manufacturing, industrial, warehousing, commercial or research and development enterprise or health and care facility.
4. The director may not by virtue of sections 7 to 34, inclusive, of this act assist any manufacturing, industrial, warehousing, commercial or research and development enterprise which would offer substantial competition to an existing enterprise within the county or city whose intrastate markets are substantially the same.
5. Sections 7 to 34, inclusive, of this act must be liberally construed in conformity with this declaration of purpose.
Sec. 24. When the director has received requests from one or more cities, counties, lessees, purchasers, other obligors or other enterprises, he may issue industrial development revenue bonds to obtain money to fulfill the requests. Title to or in a project may at all times remain in the obligor or the obligors designee or assignee and, in that case, the bonds must be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.
κ1981 Statutes of Nevada, Page 1628 (CHAPTER 675, AB 145)κ
Sec. 25. The director shall not finance a project unless, before financing:
1. The director finds that:
(a) The project to be financed has been approved for financing pursuant to the requirements of NRS 244A.669 through 244A.763 or 268.512 through 268.568 and;
(b) There has been a request by a city or county to have the director issue bonds to finance the project; or
2. The director finds and both the state board of finance and the governing body of the city or county where the project is to be located approve the findings of the director that:
(a) The project consists of any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for manufacturing, industrial, warehousing, commercial or research and development enterprises or for a health and care facility or a supplemental facility for a health and care facility, or of real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire;
(b) The project will provide a public benefit;
(c) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;
(d) There are sufficient safeguards to assure that all money provided by the department will be expended solely for the purposes of the project;
(e) There are existing and projected needs for the project and the project would alleviate an existing shortage of facilities or services in the state;
(f) The project would be compatible with existing facilities in the area adjacent to the location of the project;
(g) The purpose of the financing of the project is not solely to provide tax-free financing to the lessee, purchaser or other obligor;
(h) Through advice of counsel or other reliable source that the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and
(i) There has been a request by a city, county, lessee, purchaser, other obligor or other enterprise to have the director issue industrial development revenue bonds to finance the project.
Sec. 26. Before financing a project pursuant to subsection 2 of section 25 of this act, the director and the state board of finance must also:
1. Determine the total amount of money necessary to be provided by the director for financing the project.
2. Receive a 5-year operating history from the contemplated lessee, purchaser or other obligor or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued.
3. Consider whether the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments has received within the 12 months preceding the date of the findings of the director, or then has or has not in effect, a rating within one of the top four rating categories of either Moodys Investor Service, Inc.
κ1981 Statutes of Nevada, Page 1629 (CHAPTER 675, AB 145)κ
director, or then has or has not in effect, a rating within one of the top four rating categories of either Moodys Investor Service, Inc. or Standard and Poors Corporation.
4. Identify any existing facilities of a like nature within the area to be served by the project and consider what the competitive effect of the project would be on the existing facilities.
5. Consider the extent to which the project is affected by any federal, state or local governmental action, activity, program or development.
6. Consider whether the lessee, purchaser, other obligor or other enterprise of the project has maintained facilities appropriate to the community in Nevada for 10 years or longer.
Sec. 27. 1. All bonds issued by the director pursuant to sections 7 to 34, inclusive, of this act are special, limited obligations of the state. The principal of and interest on such bonds are payable, subject to the security provisions of sections 7 to 34, inclusive, of this act, solely out of the revenues derived from the financing, leasing or sale of the project or projects to be financed by the bonds.
2. The bonds and interest coupons, if any, which are a part of those bonds do not constitute the debt or indebtedness of the state or any city or county within the meaning of any provision or limitation of the constitution of the State of Nevada or statutes, and do not constitute or give rise to a pecuniary liability of the state or a charge against its general credit or taxing powers. This limitation must be plainly stated on the face of each bond.
Sec. 28. 1. The bonds must be authorized by an order of the director, and must:
(a) Be in the denominations;
(b) Bear the date or dates;
(c) Mature at the time or times, not exceeding 40 years after their respective dates;
(d) Bear interest at a rate or rates specified in the order;
(e) Be in the form;
(f) Carry the registration privileges;
(g) Be executed in the manner;
(h) Be payable at the place or places within or without the state; and
(i) Be subject to the terms of redemption,
which the order authorizing their issue provides.
2. The bonds may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the director determines in his discretion. As an incidental expense to any project to be financed by the bonds, the director may employ financial and legal consultants in regard to the financing of the project.
3. The bonds are fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 29. 1. The principal of, the interest on and any prior redemption premiums due in connection with the bonds issued pursuant to sections 7 to 34, inclusive, of this act are payable from, secured by a pledge of, and constitute a lien on the revenues out of which the bonds have been made payable. In addition, they may, in the discretion of the director, be secured by:
(a) A mortgage or mortgages covering all or part of any project financed with the proceeds of the bonds, or upon any other property of the lessees, purchasers or obligors of those projects, or by a pledge of the lease, the agreement of sale or the financing agreement with respect to one or more of the projects, or both.
κ1981 Statutes of Nevada, Page 1630 (CHAPTER 675, AB 145)κ
financed with the proceeds of the bonds, or upon any other property of the lessees, purchasers or obligors of those projects, or by a pledge of the lease, the agreement of sale or the financing agreement with respect to one or more of the projects, or both.
(b) A pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor of one or more of the projects.
(c) The proceeds of the bonds and income from investment of the proceeds and of revenues.
2. The state, a city or a county may pledge only the property of the project or the revenues therefrom.
Sec. 30. The director shall adopt regulations for:
1. Investment and reinvestment of the proceeds from the sale of bonds, including but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by commercial banks, including banks domiciled outside the United States of America.
2. Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks or trust companies located within or out of this state.
Sec. 31. 1. Any bonds issued under the provisions of sections 7 to 34, inclusive, of this act may be refunded by the director by the issuance of refunding bonds in an amount which he deems necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.
2. Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.
κ1981 Statutes of Nevada, Page 1631 (CHAPTER 675, AB 145)κ
date on which they are by their terms subject to redemption by option or otherwise.
3. All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.
Sec. 32. No action may be brought questioning the legality of any contract, lease, agreement, indenture, mortgage, order or bonds executed, adopted or taken in connection with any project or improvements authorized by sections 7 to 34, inclusive, of this act after 30 days from the effective date of the order of the director authorizing the issuance of those bonds.
Sec. 33. The faith of the state is hereby pledged that sections 7 to 34, inclusive, of this act will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a city or county to acquire, finance, improve and equip a project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the director to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provisions for their payment and redemption has been fully made.
Sec. 34. 1. Sections 7 to 34, inclusive, of this act without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in sections 7 to 34, inclusive, of this act to be done, apply to any proceedings taken under those sections, or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
3. The provisions of no other law, either general or local, except as provided in sections 7 to 34, inclusive, of this act apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
4. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to sections 7 to 34, inclusive, of this act.
5. Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to sections 7 to 34, inclusive, of this act without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.
κ1981 Statutes of Nevada, Page 1632 (CHAPTER 675, AB 145)κ
projects financed pursuant to sections 7 to 34, inclusive, of this act without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.
6. The powers conferred by sections 7 to 34, inclusive, of this act are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.
7. No part of sections 7 to 34, inclusive, of this act repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
8. The director or a person designated by him may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of sections 7 to 34, inclusive, of this act, without the assistance or intervention of any other officer.
_________
Assembly Bill No. 233Assemblymen Thompson, Chaney, Jeffrey, Bennett, Banner, Coulter, Schofield and Westall
CHAPTER 676
AN ACT relating to polygraphic examiners; regulating the administration of polygraphic examinations; providing for licensing and disciplinary actions; providing penalties; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Board means the private investigators licensing board.
Sec. 4. Examinee means a person who is examined by a polygraphic examiner.
Sec. 5. Intern means a person who is involved in the study of polygraphic examinations and their administration.
Sec. 6. Polygraph means an instrument or electronic or mechanical device which records or measures physiological effects of psychological stimuli for the purpose of permitting the examiner to form an opinion concerning the veracity of statements made by an examinee.
Sec. 7. Polygraphic examination means the procedure by which an examiner renders an expert opinion as to the veracity of statements made by an examinee.
κ1981 Statutes of Nevada, Page 1633 (CHAPTER 676, AB 233)κ
Sec. 8. Polygraphic examiner or examiner means a person who by virtue of his education, training, and experience, is capable of conducting a valid and reliable polygraphic examination.
Sec. 9. 1. Every applicant for a license under this chapter shall:
(a) File an application with the board in the manner prescribed by the board; and
(b) Pay in advance to the board the application fee specified by this chapter.
2. The board may hold hearings and conduct investigations into any matter related to the application and may take such further evidence and require such other documents or proof of qualifications as it deems proper.
Sec. 10. 1. An applicant for an interns license must:
(a) Be a citizen of the United States or legally entitled to remain and work within the United States;
(b) Not have been convicted of an offense which, if committed in this state, is a felony, or a crime involving moral turpitude;
(c) Have received a baccalaureate degree from an accredited college or university or have a high school diploma or its equivalent and at least 5 years of experience in investigating or polygraphic examination satisfactory to the board; and
(d) Have satisfactorily completed a basic course of polygraphic instruction as required by the board.
2. An applicant for a polygraphic examiners license must possess all of the qualifications required in subsection 1, and:
(a) Have been actively involved in the conduct of polygraphic examinations for at least 3 years immediately preceding his application.
(b) Have successfully completed at least 250 polygraphic examinations, including at least 50 specific examinations, as opposed to screening examinations.
(c) Have successfully completed at least 50 polygraphic examinations, including at least 10 specific examinations, as opposed to screening examinations, during the year immediately preceding this application.
(d) Meet such additional reasonable requirements as the board may require, including an oral interview and a written examination.
Sec. 11. 1. A license is not required under this chapter of a person who conducts polygraphic examinations solely in the performance of official duties for a federal, state, county or municipal law enforcement or investigative agency.
2. Persons who are exempt pursuant to subsection 1 shall comply with all other provisions of this chapter.
3. Persons who are exempt and who meet the requirements of this chapter for a polygraphic examiners license may apply to the board for certification of their qualifications for a license in the same manner as prescribed for licensing.
Sec. 12. The board may issue a polygraphic examiners license to an applicant who is licensed as a polygraphic examiner in any state or territory of the United States or in the District of Columbia, if:
1. The licensing requirements of that jurisdiction at the time the license was issued are deemed by the board to be equivalent to the licensing requirements in force in this state.
κ1981 Statutes of Nevada, Page 1634 (CHAPTER 676, AB 233)κ
license was issued are deemed by the board to be equivalent to the licensing requirements in force in this state.
2. The jurisdiction extends like privileges to polygraphic examiners licensed in this state.
3. A person who is not a resident of this state shall appoint the board, in writing, as his agent to accept service of all legal process in any proceeding against him arising out of his engaging in the business of a polygraphic examiner in this state.
Sec. 13. 1. Each interns license issued by the board is valid for 3 years after it is issued.
2. Each polygraphic examiners license or certification of qualification for a polygraphic examiners license issued by the board is valid for 2 years after it is issued, and may be renewed by the board, unless it has been suspended or revoked, upon:
(a) Application for renewal on forms provided by the board.
(b) Payment of the required renewal fee.
(c) The boards receiving evidence that the licensee or holder of the certificate continues to meet requirements for licensing under this chapter.
Sec. 14. 1. The board may charge and collect only the following fees:
(a) Application fee.............................................................................................. $50
(b) Polygraphic examiners license fee............................................................. 125
(c) Interns license fee........................................................................................ 125
(d) License renewal fee....................................................................................... 125
2. The cost of the investigation, not to exceed $500, must be borne by the applicant.
3. No fee paid to the board may be refunded.
4. Certification of qualification for a polygraphic examiners license will be furnished without a fee to employees of federal, state, county and municipal law enforcement and investigative agencies.
Sec. 15. 1. Each instrument used to conduct a polygraphic examination must be of a type approved by the board. The board shall approve polygraphic instruments which:
(a) Are of commercial manufacture;
(b) Visually, permanently and simultaneously record on a moving graph, physiological effects, including, as a minimum, cardiovascular activity, respiratory activity and changes in skin resistance, as well as any other activity which the board deems relevant to the purposes of a polygraphic examination; and
(c) Meet minimum standards of accuracy and reliability adopted by the board.
2. Nothing in this chapter restricts the development of instruments or electronic or mechanical devices to record physiological events for the purpose of forming an opinion concerning the veracity of an examinees statements.
2. The board may grant conditional approval to instruments for use in research.
Sec. 16. Except in the case of an investigation of its own affairs conducted by a police or investigative agency of the state, at the beginning of any polygraphic examination, the examiner shall advise the examinee that he has the right to refuse to answer any question if his answer would tend to incriminate him or degrade him.
κ1981 Statutes of Nevada, Page 1635 (CHAPTER 676, AB 233)κ
he has the right to refuse to answer any question if his answer would tend to incriminate him or degrade him.
Sec. 17. A polygraphic examination must not be conducted:
1. Unless the examinee is advised of the purpose of the examination;
2. Unless the examinee consents to it in writing;
3. For the purpose of interfering with or preventing lawful activities of organized labor; and
4. If the examinee is less than 18 years of age, unless the written consent of a parent or legal guardian has been obtained after the parent or guardian has been informed of the nature of the examination and the matters to be covered.
Sec. 18. During a polygraphic examination, the examiner shall not make inquiries into the examinees religion or his political affiliations or affiliations with labor organizations, or an examinees sexual activities, unless his religion or those affiliations or activities are germane to the issue under investigation and the inquiries are made at the request of the examinee.
Sec. 19. In conducting a polygraphic examination, an examiner shall use only standard and widely accepted techniques based on comparison and measurements of peaks of tension. All questions used during the examination must be reviewed with the examinee before being used. Minor modification of technique may be used when necessary or appropriate for the issue under investigation.
Sec. 20. 1. An examiner shall not render a written or oral opinion based upon his analysis of polygraphic charts without administering two or more charts with the same questions on at least two of the charts.
2. An examiner shall not render an opinion based upon analysis of polygraphic charts without affording the examinee an opportunity to explain any physiological effects recorded on those charts which indicate deception on the part of the examinee.
3. The opinion of an examiner with regard to a polygraph examination may refer only to truth or deception on the part of the examinee. An examiner may not give an opinion as to the guilt or innocence of an examinee. An examiner may indicate an examinees knowledge of elements of an act as shown by analysis of polygraphic charts obtained during the conduct of examinations which measure peaks of tension.
Sec. 21. 1. Each examiner shall maintain a chronological log of all polygraphic examinations which he administers. The log must include the date of each examination, the name of the examinee, and an identifying case or file number.
2. All polygraphic charts must be identified with the name of the examinee, the date of the examination, an identifying case or file number and the signature or initials of the examiner.
3. The records of a polygraphic examination, including the written consent of the examinee, the questions asked, notes and charts obtained during the examination, must be maintained in a manner which protects their confidentiality.
4. Except when ordered to do so by a court of competent jurisdiction, or as otherwise provided by law, a person or governmental entity which possesses the results of a polygraphic examination or information obtained during a polygraphic examination required to permit the examinee to obtain or retain employment shall not release the results of that examination or that information obtained without the written consent of the examinee.
κ1981 Statutes of Nevada, Page 1636 (CHAPTER 676, AB 233)κ
obtain or retain employment shall not release the results of that examination or that information obtained without the written consent of the examinee.
Sec. 22. An examiner may make charts and other records of an examination available to another polygraphic examiner or group of polygraphic examiners, including the board and its representatives, for the purpose of consultation or review under conditions which ensure the confidentiality of the examination and its results.
Sec. 23. The board may refuse to issue or renew a license or certificate or may suspend or revoke a license or certificate if the examiner:
1. Has demonstrated incompetence or a physical or emotional disability which prevents him from properly carrying out the responsibilities of a polygraphic examiner.
2. Has willfully made a false report of the results of a polygraphic examination.
3. Has accepted a fee contingent upon the outcome of a polygraphic examination.
4. Has willfully violated any provision of this chapter.
5. Has willfully aided or abetted any violation of this chapter or of any regulation adopted by the board.
6. Has failed to provide within a reasonable time any information pertaining to a polygraphic examination requested by the board in connection with a disciplinary action under this chapter.
Sec. 24. 1. Before the board suspends, revokes or refuses to renew a license or certificate, it shall give the holder reasonable notice of a hearing at which he may present evidence in his behalf. A decision of the board rendered after the hearing is a final decision in a contested case.
2. Upon receiving written notification of a suspension, revocation or refusal to renew a license or certificate, the holder shall immediately surrender his license or certificate to the board.
3. The board may restore a suspended or revoked license or certificate under conditions which it deems appropriate.
Sec. 25. Unless he is exempted pursuant to section 11 of this act, a person shall not:
1. Refer to himself as a polygraphic examiner;
2. Engage in the business of conducting polygraphic examinations; or
3. Offer or advertise his services as a polygraphic examiner,
unless he holds a valid license issued by the board under this chapter.
Sec. 26. 1. The board may bring and maintain an action for an injunction against any person who:
(a) Engages in the business of conducting polygraphic examinations or offers or advertises his services as a polygraphic examiner without a license valid under this chapter; or
(b) Uses an instrument in a polygraphic examination which does not meet minimum standards of accuracy, reliability and acceptability adopted by the board.
2. An injunction requested by the board:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not relieve the person enjoined from criminal prosecution for offenses which it enjoins.
κ1981 Statutes of Nevada, Page 1637 (CHAPTER 676, AB 233)κ
Sec. 27. In a decision which affects the well-being, employment or liability of any person, another person or governmental body or agency in this state shall not consider or accept into evidence an opinion resulting from a polygraphic examination which does not meet the minimum standards established by this chapter.
Sec. 28. The board shall adopt reasonable regulations to enable it to carry out its duties under the provisions of this chapter.
Sec. 29. The board shall keep a record of its proceedings relating to the licensing and disciplinary actions. The record is open to public inspection at all reasonable times.
Sec. 30. 1. A person who violates any of the provisions of this chapter is guilty:
(a) For the first offense, of a misdemeanor.
(b) For a second or subsequent offense, of a gross misdemeanor.
2. The board may permanently revoke the license of a person who violates the provisions of this chapter more than once.
Sec. 31. NRS 648.020 is hereby amended to read as follows:
648.020 1. The private investigators licensing board, consisting of the attorney general or his deputy and four members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) One member who is a private investigator.
(b) One member who is a private patrolman.
(c) One member who is a process server or a polygraph [operator.] examiner.
(d) One member who is a representative of the general public.
3. The chairman of the board is the attorney general or a deputy attorney general designated by the attorney general to act in [such] that capacity.
4. Members of the board are entitled to receive per diem expenses and travel allowances as provided by law.
5. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
Sec. 32. NRS 648.060 is hereby amended to read as follows:
648.060 No person, unless he is licensed under this chapter, [shall:] may:
1. Engage in the business of private investigator, private patrolman, process server, [polygraph operator,] repossessor or canine security handler and trainer; or
2. Advertise his business as such, irrespective of the name or title actually used.
Sec. 33. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the board grants any license, the applicant [shall] must meet the following requirements:
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(c) Be of good moral character and temperate habits.
(d) Be a resident of the State of Nevada for at least 6 months.
κ1981 Statutes of Nevada, Page 1638 (CHAPTER 676, AB 233)κ
(e) Have no felony conviction nor any conviction of a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
(f) If an applicant for a private investigators license, have at least 5 years experience as an investigator, or the equivalent thereof, as determined by the board.
(g) If an applicant for a repossessors license, have at least 5 years experience as a repossessor, or the equivalent thereof, as determined by the board.
(h) If an applicant for a private patrolmans license, have at least 5 years experience as a private patrolman, or the equivalent thereof, as determined by the board.
(i) If an applicant for a process servers license, have at least 2 years experience as a process server, or the equivalent thereof, as determined by the board.
(j) [If an applicant for a polygraph operators license, have at least 3 years experience as a polygraph operator, or the equivalent thereof, as determined by the board.
(k)] If an applicant for a canine security handlers and trainers license, demonstrate to the satisfaction of the board his ability to handle and train security and guard animals.
[(1)] (k) Other requirements as determined by the board.
2. The board when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, shall issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the license period which [shall end] ends on July 1 next following.
Sec. 34. NRS 648.130 is hereby amended to read as follows:
648.130 1. No license [shall] may be issued under this chapter until the applicant files with the board a surety bond executed by the applicant, with two or more sureties or by a surety company authorized to do business in this state, conditioned for the faithful and honest conduct of the business for which the applicant is licensed. The amount of the required bond for:
(a) Private investigators and repossessors is $10,000.
(b) Private patrolmen, process servers, [polygraph operators] and canine security handlers and trainers is $2,000.
2. The bond as to form, execution and sufficiency of the sureties [shall] must be approved by the chairman of the board.
3. Every licensee shall maintain on file and in [full force and] effect the surety bond required by this section. Upon failure to do so, [the license of such licensee shall be forthwith] his license must be suspended until such a bond is placed on file.
4. The bond required by this section [shall] must be taken in the name of the people of the State of Nevada, and every person injured by the willful, malicious or wrongful act of the principal may bring an action on the bond in his own name to recover damage suffered by reason of such willful, malicious or wrongful act.
Sec. 35. NRS 648.011 is hereby repealed.
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κ1981 Statutes of Nevada, Page 1639κ
Assembly Bill No. 270Assemblymen Sader, Mello and Westall
CHAPTER 677
AN ACT relating to police judges; broadening the group of persons eligible to substitute for them; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 5 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governing body of the city shall select a number of persons it determines appropriate to comprise a panel of substitute police judges. The persons selected must be:
(a) Members in good standing of the State Bar of Nevada;
(b) Adult residents of the city; or
(c) Justices of the peace of the county.
2. Whenever a police judge is disqualified from acting in a case pending in the municipal court or is unable to perform his duties because of his temporary sickness or absence, he shall, if necessary, appoint a person from the panel of substitute police judges to act in his place.
3. A person so appointed must take and subscribe to the official oath before acting as a police judge pro tempore. While acting in that capacity, he is entitled to receive a per diem salary set by the governing body. The annual sum expended for salaries of police judges pro tempore must not exceed the amount budgeted for that expense by the governing body.
4. If an appointment of a police judge pro tempore becomes necessary and the police judge fails or is unable to make the appointment, the mayor shall make the appointment from the panel of substitute police judges.
Sec. 2. NRS 266.575 is hereby repealed.
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Assembly Bill No. 273Committee on Ways and Means
CHAPTER 678
AN ACT relating to public employees; increasing the salaries of certain state employees; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.123 is hereby amended to read as follows:
281.123 1. Except as provided in [subsections 2 and 3] subsection 2 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 or any agency of the state must not exceed 95 percent of the salary for the office of governor during the same period.
κ1981 Statutes of Nevada, Page 1640 (CHAPTER 678, AB 273)κ
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:
(a) Dentists and physicians employed full time by the state; or
(b) Officers and employees of the University of Nevada.
Sec. 2. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:
Chief, dental health services (Range A)................................................. $47,370
Chief, dental health services (Range B).................................................. 49,638
Chief, dental health services (Range C).................................................. 52,059
Chief, maternal and child health (Range A)........................................... 49,638
Chief, maternal and child health (Range B)............................................ 54,195
Chief, maternal and child health (Range C)............................................ 55,351
Chief, preventive medical services (Range A)....................................... 49,638
Chief, preventive medical services (Range B)....................................... 54,195
Chief, preventive medical services (Range C)....................................... 55,351
Senior physician (Range A)..................................................................... 47,370
Senior physician (Range B)...................................................................... 52,022
Senior physician (Range C)...................................................................... 54,196
Senior psychiatrist (Range A).................................................................. 52,022
Senior psychiatrist (Range B).................................................................. 54,195
Senior psychiatrist (Range C).................................................................. 55,351
Senior public health dentist (Range A).................................................. 41,176
Senior public health dentist (Range B)................................................... 45,207
Senior public health dentist (Range C)................................................... 47,405
State health officer (Range A).................................................................. 54,195
State health officer (Range B).................................................................. 55,351
State health officer (Range C).................................................................. 56,510
Welfare medical care officer..................................................................... 47,405
Senior institutional dentist (Range A).................................................... 41,176
Senior institutional dentist (Range B)..................................................... 47,405
State welfare administrator....................................................................... 41,074
Area administrator for mental health....................................................... 39,025
Clinic director, Henderson........................................................................ 32,808
Clinic director, rural.................................................................................... 32,808
As used in this section a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
Sec. 3. Except as otherwise provided in this section and subsection 5 of NRS 284.175, every employee in the classified service of the state may receive a salary adjustment, not to exceed 8 percent, based upon the movement of the National Consumer Price Index for All Urban Consumers for the months of October 1980 through September 1981, to take effect January 1, 1982.
Sec. 4. Sections 2 and 3 of chapter 614, Statutes of Nevada 1979, at page 1321, are hereby repealed.
κ1981 Statutes of Nevada, Page 1641 (CHAPTER 678, AB 273)κ
Sec. 5. This act operates retrospectively to allow payment of the salaries specified for all service after January 1, 1981.
Sec. 6. This act shall become effective at 12:01 a.m. on July 1, 1981.
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Assembly Bill No. 279Committee on Government Affairs
CHAPTER 679
AN ACT relating to weed control districts; providing that proceedings for the inclusion of land in a district may be initiated by the district or a person other than the owner of the land; making specific provision for districts which include land situated in two or more counties; providing for appeal to the state board of agriculture; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of directors of a weed control district or the board of county commissioners of any county having lands situated in a weed control district or proposed for inclusion in such a district may request that the state board of agriculture review any action taken by the board of county commissioners of a county, or the board of directors of the district, in connection with the creation of the district or a change in the boundaries of the district.
2. Upon receiving such a request the state board of agriculture shall, after notice and opportunity for a hearing, affirm or reverse the action. The decision of the state board of agriculture is a final decision for purposes of judicial review.
3. This section does not limit the right of any landowner to seek judicial review of actions taken by a board of directors or a board of county commissioners in connection with the creation of a district or a change in the boundaries of a district.
Sec. 2. NRS 555.203 is hereby amended to read as follows:
555.203 1. The board of county commissioners of any county shall create one or more weed control districts in that portion of the county which lies outside any incorporated city or incorporated town if there is filed a petition which:
(a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by owners of land within the proposed weed control district who:
(1) Are 60 percent or more of the total number of such owners; and
(2) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included.
κ1981 Statutes of Nevada, Page 1642 (CHAPTER 679, AB 279)κ
2. If the land to be included in the weed control district is situated within two or more counties, the petition must designate the area of each of the counties to be included in the district and must be signed by owners of land within the proposed district who:
(a) Are 60 percent or more of the total number of such owners in each of the counties from which lands are to be included; and
(b) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included in each of the counties.
The petition must be filed with the board of county commissioners of the county in which is located the larger or largest proportion of the area, and that board of county commissioners has jurisdiction over the entire area for the purpose of creating the district and, except as otherwise provided in NRS 555.202 to 555.210, inclusive, and section 1 of this act, for carrying out the duties of county commissioners with respect to the district.
3. Lands proposed for inclusion in a weed control district need not be contiguous.
4. Before creating a weed control district, the board of county commissioners shall hold at least one public hearing, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any weeds which exist on such land do not render substantially more difficult the control of weeds on other lands in the proposed district.
Sec. 3. NRS 555.205 is hereby amended to read as follows:
555.205 1. The board of county commissioners of any county in which a weed control district has been created shall appoint a board of directors of the district composed of three persons who:
(a) Are landowners in the district, whether or not they signed the petition for its creation. For the purpose of this paragraph, if any corporation or partnership owns land in the district, a partner or a director, officer or beneficial owner of 10 percent or more of the stock of the corporation shall be deemed a landowner.
(b) Fairly represent the agricultural economy of the district.
2. If the district includes lands situated in more than one county, the board of county commissioners shall appoint at least one member of the board of directors from each county in which one-third or more of the lands are situated.
3. The initial appointments to the board of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent appointment shall be for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term.
[3.] 4. In addition to other causes provided by law, a vacancy is created on the board if any director:
(a) Ceases to be a landowner in the district.
(b) Is absent, unless excused, from three meetings of the board.
κ1981 Statutes of Nevada, Page 1643 (CHAPTER 679, AB 279)κ
5. If, as a result of a change in the boundaries of the district, a county becomes entitled to a new member of the board of directors pursuant to subsection 2, the board of county commissioners shall make the new appointment upon the first expiration of the term of a current member thereafter.
Sec. 4. NRS 555.209 is hereby amended to read as follows:
555.209 1. The board of directors shall prepare regulations for the weed control district, which shall include but are not limited to:
(a) The species of weeds to be controlled in the district.
(b) The means of direct control by spray, cultivation or otherwise.
(c) The means of indirect control, including the movement from, to and within the district of agricultural machinery, agricultural products, livestock and other vectors capable of spreading the weeds designated for control.
2. One copy of the proposed regulations [shall] must be delivered to the state quarantine officer, and at least two copies made available for public inspection in the office of the district secretary or the county clerk, as the board may by resolution prescribe.
3. The state quarantine officer shall then hold a public hearing in the county in which is located the larger or largest proportion of the area of the district, to consider the proposed regulations, of which he shall give notice by publication, in a newspaper of general circulation in [the county,] each county having lands situated in the district, of at least one notice published not less than 10 days before the hearing. At this hearing, the state quarantine officer shall entertain written suggestions for the modification of the regulations.
4. After the hearing, and any additional time which the state quarantine officer may allow for the submission of additional facts or proposals, he shall approve, modify or disapprove the proposed regulations. If the board of directors of the district does not concur in the action of the state quarantine officer, the state board of agriculture shall establish the regulations.
Sec. 5. NRS 555.215 is hereby amended to read as follows:
555.215 1. Upon the preparation and approval of a budget in the manner required by the Local Government Budget Act, the board of county commissioners of each county having lands situated in the district shall, by resolution, levy an assessment upon all real property in the county which is in the weed control district.
2. Every assessment so levied shall be a lien against the property assessed.
3. Amounts collected in counties other than the county having the larger or largest proportion of the area of the district must be paid over to the board of county commissioners of that county for the use of the district.
4. The county commissioners of that county may obtain short-term loans of an amount of money not to exceed the total amount of [such] the assessment, for the purpose of paying the expenses of controlling the weeds in the weed control district. [Such] The loans may be made only after [such] the assessments are levied.
Sec. 6. NRS 555.217 is hereby amended to read as follows:
555.217 1. The boundaries of a weed control district may be changed in the manner prescribed in this section, but the change of boundaries of the district [shall] does not:
κ1981 Statutes of Nevada, Page 1644 (CHAPTER 679, AB 279)κ
in the manner prescribed in this section, but the change of boundaries of the district [shall] does not:
(a) Impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract, obligation, lien or charge for or upon which it or the owners of property [therein] in the district might be liable or chargeable had [such] the change of boundaries not been made.
2. The owners of lands may file with the board of directors a petition in writing praying that [such] those lands be included in or excluded from the district. The petition [shall] must describe the tracts or body of land owned by the petitioners, and [such] the petition shall be deemed to give the consent of the petitioners to the inclusion in or the exclusion from the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
3. The board of directors of the district may, on its own motion or upon petition of any person other than the owner, initiate proceedings for the inclusion of land in the district. A petition filed with the board of directors for this purpose must be in writing and must describe the tracts or body of land proposed to be included, allege that the lands described contain certain weeds that are harmful to owners of land in the district and request that the lands be included in the district.
4. Areas proposed for inclusion in a weed control district need not be located in the same county as other portions of the district and need not be contiguous to other portions of the district.
5. The secretary of the board shall [cause] give notice of filing of [such] the petition, or initiation of proceedings by the board, to the owner or owners of the lands described in the petition or motion of the board and shall cause notice to be published in a newspaper of general circulation in the county in which the lands described [in the petition] are situated. [, which shall state the filing of such petition, the names of the petitioners, a description of such lands and the nature of the request of the petitioners. Such notice shall] The notices must require all persons interested to appear at the office of the board at the time specified in the notice and show cause in writing why the [petition] request should not be granted.
[4.] 6. The board shall at the time specified in the notice, or at [such] the time or times to which the hearing may be adjourned, proceed to hear the [petition] request and all written objections presented to show cause why [such petition] the request should not be granted. [by the board.] The failure of any person interested to show cause in writing [shall] must be considered an approval by that person of the inclusion in or the exclusion from the district of [such lands in the district as prayed for in the petition.
5.] the lands as requested.
7. Upon conclusion of the hearing the board by resolution shall [grant or deny the request of the petition.] approve the request, subject to ratification by the board of county commissioners of the county in which the lands are situated if the request is for the inclusion of lands, or deny the request.
κ1981 Statutes of Nevada, Page 1645 (CHAPTER 679, AB 279)κ
or deny the request. In the case of proceedings initiated pursuant to subsection 3, the board may approve the inclusion in the district of the described lands only if it determines that the lands contain weeds that are harmful to owners of land in the district. The board [in its discretion] may defer adoption of [such] the resolution to a special meeting or its first regular meeting [next succeeding] after conclusion of the hearing, whichever is sooner.
[6.] 8. A copy of the resolution, adopted pursuant to subsection [5, shall] 7, must be filed with the board of county commissioners of each county in which all or a part of the district is located.
9. No action of the board of directors approving the inclusion of lands within the district becomes effective unless it is ratified by the board of county commissioners of the county in which the lands are situated. The board of county commissioners may ratify the action at any time after the filing of the resolution, but if the board has neither ratified the action nor denied ratification within 90 days after the date the resolution was filed pursuant to subsection 8, the action of the board of directors shall be deemed ratified.
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Assembly Bill No. 317Committee on Ways and Means
CHAPTER 680
AN ACT making an appropriation to the state board for vocational education for allocation to school districts for purchase of equipment for vocational education; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state board for vocational education the sum of $1,000,000 for allocation to the county school districts for the purposes described in section 2 of this act.
Sec. 2. 1. The amount of money allocated to a school district must be allocated in a ratio of $10 from this appropriation for each $1 obtained by the school district in cash or in kind from private sources for the purposes described in subsection 2.
2. The money appropriated by this act may be used only by the school districts to which it is allocated and only for the purchase of equipment for vocational programs.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
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κ1981 Statutes of Nevada, Page 1646κ
Assembly Bill No. 320Committee on Ways and Means
CHAPTER 681
AN ACT making an appropriation to the youth services division of the department of human resources for the replacement of drapes and carpeting at the southern Nevada childrens home; and providing other matters properly relating thereto.
[Approved June 14, 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 youth services division of the department of human resources the sum of $54,142 for the purpose of replacing drapes and carpeting at the southern Nevada childrens home.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 336Committee on Judiciary
CHAPTER 682
AN ACT relating to judgments of convictions; providing for proof of a prior conviction of a felony by a certified record in various cases; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 50.095 is hereby amended to read as follows:
50.095 1. For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime is admissible but only if the crime was punishable by death or imprisonment [in excess of] for more than 1 year under the law under which he was convicted.
2. Evidence of a conviction is inadmissible under this section if a period of more than 10 years has elapsed since:
(a) The date of the release of the witness from confinement; or
(b) The expiration of the period of his parole, probation or sentence,
whichever is the later date.
3. Evidence of a conviction is inadmissible under this section if the conviction has been the subject of a pardon.
4. Evidence of juvenile adjudications is inadmissible under this section.
5. The pendency of an appeal therefrom does not render evidence of a conviction inadmissible.
κ1981 Statutes of Nevada, Page 1647 (CHAPTER 682, AB 336)κ
a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
6. A certified copy of a conviction is prima facie evidence of the conviction.
Sec. 2. NRS 207.010 is hereby amended to read as follows:
207.010 1. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years nor more than 20 years.
2. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life with or without possibility of parole. If the penalty fixed by the court is life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
3. Conviction under this section operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
4. It is within the discretion of the district attorney whether or not to include a count under this section in any information, and the trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.
5. In proceedings under this section, each previous conviction [shall] must be alleged in the accusatory pleading charging the primary offense, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of [such] the conviction be read in the presence of a jury trying [such] the offense.
6. If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of [such] the previous conviction after hearing all relevant evidence presented on [such] the issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.
7. Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
8. [Presentation of an exemplified] A certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
Sec. 3. NRS 453.348 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1648 (CHAPTER 682, AB 336)κ
453.348 In any proceeding brought under NRS 453.316, 453.321, 453.337, 453.338 or 453.401, any previous convictions of the offender for a felony relating to controlled substances [shall] must be alleged in the indictment or information charging the primary offense, but [such] the conviction may not be alluded to on the trial of the primary offense nor may any evidence of [such] the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. [Presentation of an exemplified] A certified copy of a conviction of a felony is prima facie evidence of the conviction.
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Assembly Bill No. 338Assemblymen Price, Schofield, Chaney, Craddock, Foley, Stewart, Thompson, Hickey, Bremner and Kovacs
CHAPTER 683
AN ACT relating to taxation; authorizing counties to impose a tax for the establishment and maintenance of a public transit system; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Board means the board of county commissioners.
2. Public transit system means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons, providing local transportation within a county.
Sec. 3. 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation pursuant to section 4 of this act.
2. An ordinance enacted pursuant to this chapter becomes effective when it is approved by a majority of the registered voters of the county voting upon a question which the board may submit to the voters at any election.
3. Any ordinance enacted pursuant to this section must provide that the tax be imposed on the first day of the second calendar month following the approval of the ordinance by the voters.
Sec. 4. Except as provided in section 12 of this act, any ordinance enacted under this chapter must include provisions in substance as follows:
κ1981 Statutes of Nevada, Page 1649 (CHAPTER 683, AB 338)κ
1. A provision imposing a tax upon retailers at the rate of not more than one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance imposing the tax for public mass transportation in the county.
4. A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.
Sec. 5. Any ordinance amending the taxing ordinance must include a provision in substance that the county shall amend the contract made under subsection 4 of section 4 of this act by a contract made between the county and the state acting by and through the department before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the regional transportation commission that no such amendment of the contract is necessary or desirable.
Sec. 6. 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the counties under this chapter must be paid to the department in the form of remittances payable to the department.
2. The department shall deposit the payments with the state treasurer for credit to the fund for public mass transportation which is hereby created as a special revenue fund.
3. The state controller, acting upon the collection data furnished by the department, shall monthly:
(a) Transfer from the fund for public mass transportation 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the state general fund as compensation to the state for the cost of collecting the tax.
(b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
(c) Remit the amount determined for each county to the county treasurer.
Sec. 7. The department may redistribute any fee, tax, penalty and interest to the county entitled thereto, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the department obtains knowledge of the improper distribution.
Sec. 8. 1. The county treasurer shall deposit the money received from the state controller pursuant to section 6 of this act in the county treasury for credit to a fund to be known as the public transit fund.
2. The money in the public transit fund may not be diverted to the regional street and highway fund of the county.
3. The public transit fund must be accounted for as a separate fund and not as a part of any other fund.
κ1981 Statutes of Nevada, Page 1650 (CHAPTER 683, AB 338)κ
Sec. 9. 1. In any county in which a tax for public mass transportation has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 or NRS if one has not already been created under that chapter. Where a regional transportation commission has already been created under that chapter, that commission shall also perform the duties specified in subsection 2.
2. The regional transportation commission shall:
(a) Appropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;
(b) Appropriate money to support agencies which are providing transportation for the elderly and the handicapped if the services provided by the agencies are part of the regional transportation plan; and
(c) Provide for or perform all functions incident to the administration and operation of the public transit system.
3. The commission may draw money out of the public transit fund only for the purposes of establishing and maintaining a public transit system for the county and supporting other services required by the regional transportation plan.
Sec. 10. 1. Money for the payment of the cost of establishing and maintaining a public transit system may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made under this chapter, may be obtained by direct distribution from the public transit fund, or may be obtained both by the issuance of such securities and by such direct distribution as the board may determine.
2. The board may, after the enactment of an ordinance as authorized by section 3 of this act, from time to time issue revenue bonds and other securities, which are not general obligations of the county or a charge on any real estate therein, but which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax for public mass transportation.
3. The ordinance authorizing the issuance of any bond or other revenue security must describe the purpose for which it is issued.
Sec. 11. Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax for public mass transportation may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, or both tax proceeds and security proceeds, to secure the payment of any revenue bond or security issued under this chapter.
Sec. 12. 1. Subject to the provisions of subsection 2, the board shall gradually reduce the amount of tax imposed pursuant to this chapter as revenue from the operation of the public transit system permits.
2. No taxing ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds issued under this chapter, or other obligations incurred under this chapter, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.
κ1981 Statutes of Nevada, Page 1651 (CHAPTER 683, AB 338)κ
under this chapter, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.
Sec. 13. In any proceeding under any ordinance enacted pursuant to this chapter, the department may act for and on behalf of the county which has enacted that ordinance.
Sec. 14. A public transit system may, in addition to providing local transportation within a county, provide:
1. Services to assist commuters in communicating with others to share rides;
2. Transportation for elderly persons and the handicapped;
3. Parking for the convenience of passengers on the system; and
4. Stations and other necessary facilities to ensure the comfort and safety of passengers.
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Assembly Bill No. 360Committee on Ways and Means
CHAPTER 684
AN ACT relating to licensing fees for promoters of athletic events; providing an exemption for nonprofit promoters; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 467.107 is hereby amended to read as follows:
467.107 1. In addition to the payment of any other fees and money due under this chapter, every promoter except as provided in subsection 2, shall pay a license fee of:
(a) Four percent of the total gross receipts from admission fees to the live exhibition of any boxing contest, wrestling match or exhibition, or combination of those events, exclusive of any federal tax or tax imposed by any political subdivision of this state; and
(b) Three percent of the first $1,000,000, and 1 percent of the next $2,000,000, of the total gross receipts from the sale, lease or other exploitation of broadcasting, television and motion picture rights for that contest, match or exhibition,
without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants purses or any other expenses or any other charges.
2. A corporation organized pursuant to NRS 81.550 to 81.660, inclusive, which promotes an amateur boxing, wrestling or karate exhibition whose net proceeds are to be spent entirely in this state, for the purposes for which the corporation is organized, is exempt from the fees payable under this section. The corporation must retain the services of a promoter licensed pursuant to this chapter.
3. The commission shall adopt regulations:
κ1981 Statutes of Nevada, Page 1652 (CHAPTER 684, AB 360)κ
(a) Requiring that the number and face value of all complimentary tickets be reported.
(b) Governing the treatment of complimentary tickets for purposes of computing gross receipts from admission fees under paragraph (a) of subsection 1.
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Assembly Bill No. 405Committee on Judiciary
CHAPTER 685
AN ACT relating to search warrants; authorizing magistrates to issue search warrants based on oral statements; authorizing magistrates to give oral authorization to peace officers to sign the magistrates name to a search warrant; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 179.045 is hereby amended to read as follows:
179.045 1. A search warrant [shall] may issue only on affidavit or affidavits sworn to before the magistrate and establishing the grounds for issuing the warrant [.] or as provided in subsection 2. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he [must] shall issue a warrant identifying the property and naming or describing the person or place to be searched.
2. In lieu of the affidavit required by subsection 1, the magistrate may take an oral statement given under oath, which must be recorded in the presence of the magistrate or in his immediate vicinity by a certified shorthand reporter or by electronic means, transcribed, certified by the reporter if he recorded it, and certified by the magistrate. The statement must be filed with the clerk of the court.
3. After a magistrate has issued a search warrant, whether it is based on an affidavit or an oral statement given under oath, he may orally authorize a peace officer to sign the magistrates name on a duplicate original warrant. A duplicate original search warrant shall be deemed to be a search warrant. It must be returned to the magistrate who authorized the signing of his name on it. The magistrate shall endorse his name and enter the date on the warrant when it is returned to him. Any failure of the magistrate to make such an endorsement and entry does not in itself invalidate the warrant.
4. The warrant [shall] must be directed to a peace officer in the county where the warrant is to be executed. It [shall] must state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It [shall] must command the officer to search forthwith the person or place named for the property specified.
[3.] 5. The warrant [shall] must direct that it be served between the hours of 7 a.m.
κ1981 Statutes of Nevada, Page 1653 (CHAPTER 685, AB 405)κ
the hours of 7 a.m. and 7 p.m., unless the magistrate, upon a showing of good cause therefor, inserts a direction that it be served at any time.
[4. It shall] 6. The warrant must designate the magistrate to whom it [shall] is to be returned.
Sec. 2. NRS 179.095 is hereby amended to read as follows:
179.095 The magistrate who has issued a search warrant shall attach to the warrant the duplicate original warrant, if any, and a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the court having jurisdiction where the property was seized.
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Assembly Bill No. 407Committee on Labor and Management
CHAPTER 686
AN ACT relating to industrial insurance; setting limits on lump sum payments and increasing the rate of compensation for permanent partial disabilities; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The percentage of disability must be determined by a physician designated by the commission or by the commissioner of insurance, in accordance with the [current] American Medical Association publication, Guides to the Evaluation of Permanent 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.
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 [.] for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. 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.
κ1981 Statutes of Nevada, Page 1654 (CHAPTER 686, AB 407)κ
[(a)] 5. Compensation benefits may be paid annually to claimants [with less than a 25 percent permanent partial disability.] who will be receiving less than $100 a month.
[(b)] 6. A permanent partial disability award may be paid in a lump sum under the following conditions:
[(1)] (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability may elect to receive a payment in a lump sum of:
(1) Twenty-five percent of the present value of the compensation for his permanent partial disability; or
(2) The present value of the compensation for his permanent partial disability, but not more than $10,000.
[(2)] (b) A claimant injured on or after July 1, 1973, [who incurs a disability that exceeds 12 percent may:
(I) Upon] may, 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)] (c) 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.
[(c)] 7. The commission [, or] and the commissioner of insurance [if the employer is self-insured,] shall adopt joint 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)] 8. 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.
[(e)] 9. 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.] 10. 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.] 11. An employee who is receiving;
(a) Compensation for a permanent total disability is not entitled to compensation for a permanent partial disability during the period when he is receiving compensation for the permanent total disability.
(b) Compensation for a temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability.
κ1981 Statutes of Nevada, Page 1655 (CHAPTER 686, AB 407)κ
compensation for a permanent partial disability during the period of temporary total disability.
(c) Compensation for a temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability.
[7.] 12. 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.] 13. The commission may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
[9.] 14. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
[10.] 15. This section does not entitle any person to double payments 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.
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Assembly Bill No. 425Committee on Judiciary
CHAPTER 687
AN ACT relating to insane and incompetent persons; substantially revising procedure regarding the incompetency of criminal defendants; authorizing the court to order the evaluation and treatment of a defendant as an outpatient; placing conditions on the release of certain clients of mental health facilities; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 175.521 is hereby amended to read as follows:
175.521 1. Where on a trial a defense of insanity is interposed by the defendant and he is acquitted by reason of that defense, the finding of the jury [shall have] has the same [force and] effect as if he were regularly adjudged insane, [as now provided by law,] and the judge [thereupon] shall forthwith order that the defendant be committed to the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources until he is regularly discharged therefrom in accordance with law.
2. The administrator shall make the same reports and the court shall proceed in the same manner in the case of a person committed pursuant to this section as of a person committed because he is incompetent to stand trial pursuant to NRS 178.400 to 178.465, inclusive, except that the determination to be made by the administrator, the sanity commission and the district judge on the question of release is whether the person has recovered from his mental illness or has improved to such an extent that he no longer qualifies as a mentally ill person for purposes of involuntary court-ordered admission to a mental health facility, as defined in subsection 2 of NRS 433.194.
κ1981 Statutes of Nevada, Page 1656 (CHAPTER 687, AB 425)κ
the determination to be made by the administrator, the sanity commission and the district judge on the question of release is whether the person has recovered from his mental illness or has improved to such an extent that he no longer qualifies as a mentally ill person for purposes of involuntary court-ordered admission to a mental health facility, as defined in subsection 2 of NRS 433.194.
Sec. 2. NRS 178.400 is hereby amended to read as follows:
178.400 [An act done by a person in a state of insanity cannot be punished as a public offense, nor can a person be tried, adjudged to punishment, or punished for a public offense while he is insane.]
1. A person may not be tried, adjudged to punishment or punished for a public offense while he is incompetent.
2. For the purposes of this section, incompetent means that the person is not of sufficient mentality to be able to understand the nature of the criminal charges against him, and because of that insufficiency, is not able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter.
Sec. 3. NRS 178.405 is hereby amended to read as follows:
178.405 When an indictment or information is called for trial, or upon conviction the defendant is brought up for judgment, if doubt [shall arise] arises as to the [sanity] competence of the defendant, the court shall suspend the trial of the indictment or information or the pronouncing of the judgment, as the case may be, until the question of [insanity] competence is determined.
Sec. 4. NRS 178.415 is hereby amended to read as follows:
178.415 1. The court shall appoint two physicians, at least one of whom is a psychiatrist or otherwise especially qualified, to examine the defendant.
2. At a hearing in open court, the judge shall receive the report of the examining physicians and shall permit counsel for both sides to examine them. The state and the defendant may introduce other evidence and cross-examine one anothers witnesses.
3. The court shall then make and enter and enter its finding of [sanity or insanity.] competence or incompetence.
Sec. 5. NRS 178.420 is hereby amended to read as follows:
178.420 1. If the court finds the defendant is [sane,] competent, the trial of the indictment or information [shall] must proceed, or judgment may be pronounced, as the case may be.
Sec. 6. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant [insane,] incompetent, and that he is dangerous to himself or to society or that commitment is required for a determination of his ability to attain competence, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, into the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources for detention and [psychiatric] treatment at [the Nevada state prison or at a] a secure facility operated by the mental hygiene and mental retardation division.
2. The defendant [shall] must be held in such custody until a court orders his release or until he is returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.
κ1981 Statutes of Nevada, Page 1657 (CHAPTER 687, AB 425)κ
orders his release or until he is returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.
3. If the court finds the defendant incompetent but not dangerous to himself or to society, and finds that commitment is not required for a determination of the defendants ability to attain competence, the judge shall order the defendant to report to the administrator as an outpatient for treatment, if it might be beneficial, and for a determination of his ability to attain competence. The court may require the defendant to give bail for his periodic appearances before the administrator.
4. [Proceedings] Except as provided in subsection 5, proceedings against the defendant must be suspended until the sanity commission finds him capable of standing trial or opposing pronouncement of judgment as provided in NRS [178.460.] 178.400.
5. Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 3 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought after a period of time, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has lapsed since the date of the alleged offense.
Sec. 7. NRS 178.435 is hereby amended to read as follows:
178.435 The expenses of the examination and of the sending of [such persons] the defendant to and from the custody of the administrator of the mental hygiene and mental retardation division [shall be] are in the first instance chargeable to the county from which [they have] he has been sent. But the county may recover [them] the money from the [estates of any such persons, or] estate of the defendant, from a relative legally bound to care for [them,] him or from the county of which [such persons may be] he is a resident.
Sec. 8. NRS 178.450 is hereby amended to read as follows:
178.450 1. The administrator of the mental hygiene and mental retardation division shall keep each [person] defendant committed to his custody under NRS 178.425 or 178.460 under observation and [if in his opinion, upon medical consultation, such person recovers his or her mental faculties to the extent of knowing the difference between right and wrong and] shall have each defendant who has been ordered to report to him as an outpatient under those sections evaluated periodically.
2. Within 6 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460, and at 6-month intervals thereafter until release or return for trial or judgment, the administrator shall notify in writing a judge of the district court which committed the person and the district attorney of the county to which the person may be returned for further court action whether or not in his opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him [or her] and, by reason thereof, is able to aid and assist his [or her] counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter, [the administrator shall notify in writing a district judge of the judicial district in which the person is held in custody of his findings and opinion with respect to the sanity of the person charged with the public offense and committed to his custody.
κ1981 Statutes of Nevada, Page 1658 (CHAPTER 687, AB 425)κ
upon the trial or against the pronouncement of the judgment thereafter, [the administrator shall notify in writing a district judge of the judicial district in which the person is held in custody of his findings and opinion with respect to the sanity of the person charged with the public offense and committed to his custody.
2.] and if he is not, whether or not:
(a) There is a substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) The defendant is at that time a danger to himself or to society.
3. The notice may be informal and [shall] must contain:
(a) The name of [such person] the defendant and the county to which he may be returned for further court action.
(b) The circumstances under which he was committed to the custody of the administrator and the duration of his hospitalization [.] , or the circumstances under which he was ordered to report to the administrator as an outpatient.
Sec. 9. NRS 178.455 is hereby amended to read as follows:
178.455 1. The district judge, upon receiving the written notice of the administrator of the mental hygiene and mental retardation division that the [person charged with a public offense, as provided in NRS 178.425,] defendant is of sufficient mentality to be placed upon trial [for the commission thereof,] or receive pronouncement of judgment, or that he is not of sufficient mentality and there is no substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future, shall, within a period of not to exceed 20 days, impanel a sanity commission composed of three physicians, at least one of whom shall be a psychiatrist, who are licensed to practice medicine in this state, but not including members of the medical staff of the mental hygiene and mental retardation division, who in the opinion of the district judge are qualified to examine the person with respect to his [or her then] mental condition.
2. The sanity commission shall, within 20 days, examine the person designated by the district judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the district judge its [report, findings and opinions] reports in writing, which [shall be in triplicate and] must be signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:
(a) [Whether the person is of sufficient mentality to know the difference between right and wrong;
(b)] Whether the person is of sufficient mentality to understand the nature of the offense charged; [and
(c)] (b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced [.] ; and
(c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that the person will attain competency in the foreseeable future.
κ1981 Statutes of Nevada, Page 1659 (CHAPTER 687, AB 425)κ
whether there is a substantial probability that the person will attain competency in the foreseeable future.
3. Members of the sanity commission [may report jointly or individually. A concurrence of the findings of two members shall constitute the decision of the commission.] shall report individually. Copies of the [report or reports shall] reports must be sent to the administrator of the mental hygiene and mental retardation division to be incorporated in the medical record of the person [.] , to the office of the district attorney, and to the counsel for the outpatient or person committed.
Sec. 10. NRS 178.460 is hereby amended to read as follows:
178.460 1. [Upon receiving the report, findings and opinion of the sanity commission, and if the decision is that the person examined then and there:
(a) Knew the difference between right and wrong;
(b) Understood the nature of the offense charged; and
(c) Was of sufficient mentality to aid and assist counsel in defense of the offense charged, or to show cause why judgment should not be pronounced,
the district judge shall within 10 days forward to the district judge of the district court committing the person charged with the public offense to the custody of the administrator of the mental hygiene and mental retardation division, and to the district attorney of the proper county, respectively, one copy of the report, findings and opinion of the sanity commission.] If requested by the district attorney or counsel for the defendant within 10 days after the reports of the sanity commission are sent to them, the district judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the sanity commission on their reports.
2. Within 10 days after the hearing or 20 days after the reports are sent, if no hearing is requested, the district judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:
(a) Whether there is substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) Whether the defendant is at that time a danger to himself or to society.
3. If the district judge finds the defendant:
(a) Competent, he shall within 10 days forward his finding to the district attorney and counsel for the defendant. Upon receipt thereof, the district attorney shall notify the sheriff of the county [of the findings of the sanity commission] that the defendant has been found competent and arrange for the return of the [person] defendant to that county for trial upon the offense there charged or the pronouncement of judgment, as the case may be. The [person shall] defendant must not be returned more than 30 days before the date set for the trial or pronouncement of judgment [. Such date shall] which must be within 60 days of the receipt of the findings of the sanity commission.
[2. If the report, findings and opinion of the sanity commission is adverse to the person charged with a public offense, such person shall remain in the custody of the administrator of the mental hygiene and mental retardation division subject to further examinations in the future or until discharged therefrom according to law.]
κ1981 Statutes of Nevada, Page 1660 (CHAPTER 687, AB 425)κ
adverse to the person charged with a public offense, such person shall remain in the custody of the administrator of the mental hygiene and mental retardation division subject to further examinations in the future or until discharged therefrom according to law.]
(b) Incompetent, but there is substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, he shall recommit the defendant.
(c) Incompetent, but there is substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, he shall order that the defendant remain an outpatient or be transferred to outpatient status under the provisions of NRS 178.425.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, he shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.
4. No person who is committed under the provisions of this chapter may be held in the custody of the administrator of the mental hygiene and mental retardation division longer than the longest period of incarceration provided for the crime or crimes with which he is charged or 10 years, whichever period is shorter. Upon expiration of the applicable period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.
Sec. 11. NRS 194.010 is hereby amended to read as follows:
194.010 All persons are liable to punishment except those belonging to the following classes:
1. Children under the age of 8 years.
2. Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.
3. Idiots.
4. Lunatics and [insane] persons [.] who committed the act or made the omission charged in a state of insanity.
5. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.
6. Persons who committed the act charged without being conscious thereof.
7. Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.
8. Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.
κ1981 Statutes of Nevada, Page 1661 (CHAPTER 687, AB 425)κ
their lives would be endangered if they refused, or that they would suffer great bodily harm.
Sec. 12. NRS 433A.380 is hereby amended to read as follows:
433A.380 1. [Any involuntarily court-admitted person] Except as otherwise provided in subsection 4, any person involuntarily admitted by a court may be conditionally released from a public or private mental health facility on convalescent leave when, in the judgment of the medical director of [such facility, such] the facility, the convalescent status is in the best interest of the person and will not be detrimental to the public welfare.
2. When [an involuntarily court-admitted] a person is conditionally released pursuant to subsection 1, the state or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
3. When a [court-adjudicated incompetent] person who has been adjudicated by a court to be incompetent is conditionally released from a mental health facility, the administrative officer of [such] the mental health facility shall petition the court for restoration of full civil and legal rights as deemed necessary to facilitate [such] the incompetent persons rehabilitation.
4. A person who was involuntarily admitted by a court because he was likely to harm others if allowed to remain at liberty may be conditionally released only if, at the time of the release, written notice is given to the court which admitted him and to the district attorney of the county in which the proceedings for admission were held.
Sec. 13. NRS 209.413 is hereby repealed.
__________
Assembly Bill No. 427Committee on Government Affairs
CHAPTER 688
AN ACT to amend an act entitled An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for the use of the proceeds if such issue is approved; and providing other matters properly relating thereto, approved May 21, 1975, as amended; allocating a portion of the proceeds of those bonds; making an appropriation; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 660, Statutes of Nevada 1975, as amended by chapter 409, Statutes of Nevada 1977, at page 791, is hereby amended to read as follows:
Sec. 3. 1. If, on application of the administrator of the state park system or the director of the department of wildlife made during a regular or special session of the legislature, the legislature finds by concurrent resolution, or if on an application made while the legislature is not in regular or special session the interim finance committee finds that specified real or personal property, or a combination thereof, ought to be acquired or developed, or both, for any one of the purposes recited in section 2 of this act, the legislature may direct by its concurrent resolution, or the interim finance committee may direct:
κ1981 Statutes of Nevada, Page 1662 (CHAPTER 688, AB 427)κ
finds by concurrent resolution, or if on an application made while the legislature is not in regular or special session the interim finance committee finds that specified real or personal property, or a combination thereof, ought to be acquired or developed, or both, for any one of the purposes recited in section 2 of this act, the legislature may direct by its concurrent resolution, or the interim finance committee may direct:
(a) The state board of examiners to issue a sufficient amount of the bonds authorized pursuant to sections 1 and 2 of this act; and
(b) The state park system or the Nevada department of fish and game to acquire or develop, or both acquire and develop, such property from the proceeds of such bonds.
2. Neither the administrator of the state park system nor the director of the department of wildlife may expend more than the amount authorized for the acquisition or development, or both, of specified real or personal property or a combination thereof, unless he has obtained prior approval from the interim finance committee or of the legislature by its concurrent resolution.
3. The legislature finds and declares that the issuance of bonds pursuant to this act is for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds and the acquisition of property under this act.
Sec. 2. 1. The state board of examiners is directed to sell sufficient bonds under the above-entitled act to produce $1,500,000 to be allocated as provided in this section.
2. There is hereby allocated to Clark County, Nevada, the sum of $1,500,000 of the proceeds of the bonds sold under the above-entitled act for the development of the Silver Bowl Regional Park for use as a regional recreational facility. There is also hereby allocated to Clark County, Nevada, the use of any unobligated money from state bonds which is identified and recommended by the state park advisory commission and approved by the governor.
3. Clark County is hereby authorized to count the cost of the acquisitions of property in the Las Vegas Wash since July, 1980, as an acceptable retroactive match against the money from state bonds. These property acquisitions lie in sections 23 and 26 of T. 21 S., R. 62 E., M.D.B. & M.
4. Any money allocated by this section which is not used for the development of this park before July 1, 1983, becomes available for reallocation by the legislature or the interim finance committee pursuant to section 3 of the above-entitled act.
Sec. 3. There is hereby appropriated from the state general fund to the consolidated bond interest and redemption fund, created by NRS 349.090:
κ1981 Statutes of Nevada, Page 1663 (CHAPTER 688, AB 427)κ
For the fiscal year 1981-82.................................................................... $125,000
For the fiscal year 1982-83.................................................................... 225,000
__________
Assembly Bill No. 429Assemblyman Redelsperger
CHAPTER 689
AN ACT relating to state parks; ordering the division of state parks of the state department of conservation and natural resources to accept and maintain specified real property at Walker Lake as a state park upon the condition that Mineral County pays a part of the developing and operating costs; making an appropriation; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. Upon satisfaction of the conditions set out in section 2 of this act, the division of state parks of the state department of conservation and natural resources shall accept, on behalf of the state, real property generally consisting of beach land at Walker Lake and situated in Mineral County and bounded and described as follows:
Lot One (1), Lot Two (2), Lot Three (3), Lot Four (4), Lot Five (5), Lot Six (6), and the Southwest Quarter of the Northwest Quarter of Section Five (5); Lot One (1), Lot Two (2), and the Northeast Quarter of the Northwest Quarter of Section Eight (8), all in Township Nine (9) North, Range Twenty-nine (29) East, Mount Diablo Base and Meridian.
2. The administrator of the division shall maintain this property as part of the system of state parks.
Sec. 2. For the park described in section 1 of this act, Mineral County shall contribute, either in cash or in kind, the following amounts:
1. For capital developments costs, $46,240; and
2. For continuing operational costs:
(a) For the fiscal year 1981-82, $4,380; and
(b) For the fiscal year 1982-83, $4,906.
Sec. 3. 1. There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources for the purpose of paying a part of the continuing operational costs of the park described in section 1 of this act:
For the fiscal year 1981-82, $4,380
For the fiscal year 1982-83, $4,906
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 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.
__________
κ1981 Statutes of Nevada, Page 1664κ
Assembly Bill No. 446Assemblymen Rusk, Mello, Glover, Dini, Price, Vergiels, Stewart, Coulter, Cafferata, Marvel, Robinson, Hayes, Beyer, Redelsperger, Nicholas and Horn
CHAPTER 690
AN ACT relating to housing finance; authorizing the housing division of the department of commerce to make loans for real property to be used for rental sites for mobile homes and the conservation of energy in residential housing; adding mobile homes to the definition of residential housing; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 319 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The division may finance, through the use of any power conferred on it by this chapter:
1. The acquisition and improvement of real property to be used for rental sites for mobile homes, whether or not the mobile homes are to be financed pursuant to this chapter; and
2. The purchase and installation of equipment and materials to be used in residential dwelling units for conservation of energy or for use of energy from alternative sources,
and any related improvements appropriate to any of these purposes.
Sec. 2. NRS 319.130 is hereby amended to read as follows:
319.130 Residential housing means one or more new or existing residential dwelling units financed pursuant to the provisions of this chapter for the primary purpose of providing decent, safe and sanitary dwelling accommodations for eligible families in need of housing, including any buildings, mobile homes, land, improvements, equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including but not limited to streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the division determines improve the quality of the residential living for eligible families.
Sec. 3. Assembly Bill No. 150 of the 61st session of the legislature is hereby repealed.
__________
κ1981 Statutes of Nevada, Page 1665κ
Assembly Bill No. 447Assemblymen Price, Horn, Mello, Banner, Bennett, Bergevin, Brady, Bremner, Cafferata, Chaney, Coulter, Craddock, Dini, DuBois, Foley, Glover, Ham, Hayes, Jeffrey, Kovacs, Malone, Marvel, May, Nicholas, Polish, Prengaman, Redelsperger, Rhoads, Robinson, Rusk, Sader, Schofield, Stewart, Thompson, Vergiels, Westall, Barengo, Hickey and Rackley
CHAPTER 691
AN ACT relating to certain victims of crimes; revising the procedure for providing compensation; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.6, inclusive, of this act.
Sec. 1.1. Hearing officer means a hearing officer of the hearings division of the department of administration.
Sec. 1.2. 1. The hearing officer may hold the hearing at a time and place, and take such testimony, as he deems advisable.
2. The hearing officer may issue subpenas to compel the attendance of witnesses and the production of books and papers at the hearing.
3. If any witnesses refuses to attend or testify or produce any books and papers as required by the subpena, the hearing officer may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed by the hearing officer pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the hearing officer who is named in the subpena, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the hearing officer.
4. 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 hearing officer. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpena was regularly issued by the hearing officer, the court shall enter an order that the witness appear before the hearing officer at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.
6. The applicant and any other person having a substantial interest in the outcome of the hearing may appear and be heard, produce evidence and cross-examine witnesses in person or by his attorney. The hearing officer also may hear other persons who may have relevant evidence to submit.
κ1981 Statutes of Nevada, Page 1666 (CHAPTER 691, AB 447)κ
7. Any statement, document, information or matter may be received in evidence if, in the opinion of the hearing officer, it contributes to a determination of the claim, whether or not such evidence would be admissible in a court of law.
8. The hearing officer shall create a record of each hearing. The record may be in the form of a sounding recording.
9. The hearing officer shall render his decision in the case, including any order directing the payment of compensation, within 10 days after the hearing.
Sec. 1.3. 1. The applicant may, within 15 days after the hearing officer renders his decision, appeal the decision to the board. The board shall consider the appeal on the record at its next scheduled meeting if the appeal and the record are received by the board at least 5 days before the meeting. Within 10 days after the meeting the board shall render its decision in the case or give notice to the applicant that a hearing will be held. The hearing must be held within 30 days after the notice is given and the board shall render its decision in the case within 10 days after the hearing.
2. The board may on its own motion, within 15 days after the hearing officer renders his decision, modify or reverse the decision.
3. The decision of the board is final and not subject to judicial review.
Sec. 1.4. The time limitations in NRS 217.110 and section 1.2 of this act may be waived by the applicant or, upon good cause shown, by the hearing officer.
Sec. 1.5. (There is no section 1.5.)
Sec. 1.6. One-half of the value of all money and other property which an offender receives for books, serialization rights, rights for movies and television programs and other payments which he receives based on his notoriety as an offender must be paid into the fund for the compensation of victims of crimes. The fund has a lien against the property of the offender for the amount due it pursuant to this section.
Sec. 1.7. NRS 217.010 is hereby amended to read as follows:
217.010 It is the policy of this state to [encourage the cooperation and assistance of the public in law enforcement and to promote the public welfare.] provide assistance to persons who are victims of violent crimes or the dependents of victims of violent crimes.
Sec. 1.8. NRS 217.020 is hereby amended to read as follows:
217.020 As used in NRS 217.010 to 217.270, inclusive, and sections 1.1 to 1.6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 217.030 to 217.070, inclusive, and section 1.1 of this act, have the meanings ascribed to them in [such] those sections.
Sec. 2. NRS 217.040 is hereby amended to read as follows:
217.040 Dependents means the relatives of a deceased or injured victim who were wholly or partially dependent upon his income at the time of his death [and includes the child of such victim born after his death.] or injury.
Sec. 3. NRS 217.050 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1667 (CHAPTER 691, AB 447)κ
217.050 Personal injury means actual bodily [harm.] harm or threat of bodily harm which results in a need for medical treatment.
Sec. 4. NRS 217.060 is hereby amended to read as follows:
217.060 Relative of any person [includes a spouse, parent, grandparent, stepparent, natural born, step or adopted child, grandchild, brother, sister, half brother, half sister or parents of the spouse.] includes:
1. A spouse, parent, grandparent or stepparent;
2. A natural born, step or adopted child;
3. A grandchild, brother, sister, half brother or half sister; or
4. A parent of a spouse.
Sec. 5. NRS 217.070 is hereby amended to read as follows:
127.070 Victim means a person who is physically injured or killed [:
1. While attempting to prevent the commission of a crime not initially involving:
(a) Self-defense of the life, limb or property of the victim;
(b) Defense of the life, limb or property of a relative of the victim;
(c) Defense of the life, limb or property of a person or institution based upon a preexisting legal obligation on the part of the victim to so defend; or
(d) An attempt to arrest a suspected criminal for any offense under circumstances covered by paragraphs (a), (b) or (c) of this subsection.
2. While attempting to aid a police officer to arrest a suspected criminal for any offense under circumstances other than those covered by paragraphs (a), (b) or (c) of subsection 1.] as the direct result of a criminal act.
Sec. 6. NRS 217.080 is hereby amended to read as follows:
217.080 Members of the board [shall serve without additional] are not entitled to compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties under NRS 217.010 to 217.270, inclusive.
Sec. 7. NRS 217.090 is hereby amended to read as follows:
217.090 1. The board may appoint one or more [hearing] compensation officers, who must [be licensed to practice law in this state, to conduct investigations and hearings and to take testimony in any proceeding pursuant to NRS 217.010 to 217.270, inclusive, but final determinations of any matter shall be only by the board. A hearing officer acting pursuant to this section shall report his findings of fact and conclusions of law to the board, together with the reasons therefor. The board shall act only after the consideration of the report and such other evidence as it deems appropriate.] have had responsible and successful administrative experiences. Each compensation officer is entitled to receive wages of $50 per hour spent in performing his duties, but not more than $250 per case, and is entitled to a subsistence allowance and reimbursement for travel expenses as provided for state officers and employees.
2. A compensation officer shall:
(a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:
κ1981 Statutes of Nevada, Page 1668 (CHAPTER 691, AB 447)κ
(1) Compiling bills from physicians who have treated the victim for his injury;
(2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury;
(3) Reviewing reports of peace officers and statements of witnesses; and
(4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his injuries or the death of the victim.
(b) After completing his investigation, make a report and recommendation to the hearing officer.
3. If an attorney admitted to practice law in this state has been appointed as a compensation officer, he shall not represent or otherwise assist a claimant for compensation with any matter relating to the circumstances which have or may result, directly or indirectly, in a claim.
Sec. 8. NRS 217.100 is hereby amended to read as follows:
217.100 1. Any person eligible for compensation under the provitions of NRS 217.010 to 217.270, inclusive, may apply to the board for such compensation. Where the person entitled to make application is:
(a) A minor, the application may be made on his behalf by a parent or guardian.
(b) Mentally incompetent, the application may be made on his behalf by a parent, guardian or other person authorized to administer his estate.
2. [Prior to a hearing on any application, the applicant shall submit] The applicant must submit with his application the reports, if reasonably available, from all physicians who, at the time of or subsequent to the victims injury or death, treated or examined the victim in relation to the injury for which compensation is claimed. [If, in the opinion of the board, reports on the previous medical history of the victim or an examination of the victim and report thereon or a report on the cause of death of the victim by an impartial medical expert would aid the board in its determination, the board may order such reports.]
Sec. 9. NRS 217.110 is hereby amended to read as follows:
217.110 1. Upon receipt of an application for compensation, the board shall refer the application, together with the reports of the treating or examining physicians, to a compensation officer within 5 days.
2. The compensation officer shall conduct [an] his investigation and [may fix a time and place for a hearing. If a hearing is to be held, the board shall give notice thereof to the applicant. Such hearing shall be held within 30 days of the boards receipt of such application unless:
(a) The time limitation is waived in writing by the applicant; or
(b) There is a conflict with the hearing calendar of the hearing officer.
In the case of a conflict in the hearing calendar, the hearing shall be scheduled at the earliest possible date.
2. The board or its hearing officer may hold such hearings, sit and act at such times and places, and take such testimony as it or he may deem advisable. The board or its hearing officer may administer oaths or affirmations to witnesses. The board has full powers of subpena and compulsion of attendance of witnesses and production of documents; but no subpena may be issued except under the signature of a member of the board.
κ1981 Statutes of Nevada, Page 1669 (CHAPTER 691, AB 447)κ
compulsion of attendance of witnesses and production of documents; but no subpena may be issued except under the signature of a member of the board. Application to any court for aid in enforcing such subpena may be made in the name of the board only by a member thereof. Subpenas may be served by any person designated by the board.
3. The applicant and any other person having a substantial interest in the outcome of a proceeding may appear and be heard, produce evidence and cross-examine witnesses in person or by his attorney. The board or its hearing officer also may hear other persons who may have relevant evidence to submit.
4. Any statement, document, information or matter may be received in evidence if, in the opinion of the board or its hearing officer, it contributes to a determination of the claim, whether or not such evidence would be admissible in a court of law.
5. Orders and decisions of the board are final and not subject to judicial review.] submit his report and recommendation to a hearing officer within 60 days after his receipt of the application. If in conducting his investigation the compensation officer believes that reports on the previous medical history of the victim, or an examination of the victim and a report of that examination, or a report on the cause of death of the victim by an impartial medical expert would aid him in making his recommendation, the compensation officer may order the reports.
3. Within 15 days after the hearing officer receives the report and recommendation of the compensation officer, the hearing officer shall render a decision in the case, including any order directing the payment of compensation, or give notice to the applicant that a hearing will be held. The hearing must be held within 20 days after the notice is given.
Sec. 10. NRS 217.140 is hereby amended to read as follows:
217.140 [The board may, as part of any order entered pursuant to the provisions of NRS 217.010 to 217.270, inclusive, allow reasonable attorney fees, but such fees shall not exceed 10 percent of the amount awarded as compensation and shall be paid to the attorney representing the applicant out of, not in addition to, the amount of such compensation.]
1. The hearing officer may, as part of any order entered pursuant to the provisions of NRS 217.010 to 217.270, inclusive, allow reasonable attorneys fees, but these fees may not exceed 10 percent of the award.
2. It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed.
Sec. 10.5 NRS 217.150 is hereby amended to read as follows:
217.150 [In determining the amount of any compensation payable under the provisions of NRS 217.010 to 217.270, inclusive, the] The board shall so far as practicable, formulate standards for the uniform application of NRS 217.010 to 217.270, inclusive, [and shall] by the hearing officers in the determination of the amount of any compensation payable under the provisions for NRS 217.010 to 217.270, inclusive. The standards must take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.
κ1981 Statutes of Nevada, Page 1670 (CHAPTER 691, AB 447)κ
Sec. 11. NRS 217.160 is hereby amended to read as follows:
217.160 The [board] hearing officer may order the payment of compensation:
1. To or for the benefit of the [injured person;] victim;
2. [Where] If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of [such] the injury; or
3. [Where] If the victim dies, to or for the benefit of any one or more of the dependents of the victim.
Sec. 11.5 NRS 217.170 is hereby amended to read as follows:
217.170 Upon application made by an appropriate prosecuting authority, the hearing officer or the board may suspend any proceedings being conducted pursuant to NRS 217.010 to 217.270, inclusive, for such period as he or it deems appropriate on the ground that a prosecution for an offense arising from the act or omission to act on which the claim for compensation is based has been commenced or is imminent.
Sec. 12. NRS 217.180 is hereby amended to read as follows:
217.180 1. In determining whether to make an order for compensation, the [board] hearing officer shall consider the provocation, consent or any other behavior of the victim which directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim, need of the victim or his dependents for financial aid and other relevant matters.
2. [In determining the amount of compensation to be allowed by order, the board shall consider amounts received or receivable from any other source by the victim or his dependents as a result of the incident or offense giving rise to the application.] If the claimant has received or is likely to receive any amount on account of his injuries or the death of another from:
(a) The person who committed the crime which caused the victims injury or from anyone paying on behalf of the offender;
(b) Insurance;
(c) The employer of the victim; or
(d) Any other private or public source or program of assistance, he shall report the amounts received or which he is likely to receive to the compensation officer and the hearing officer shall reduce the award of compensation by that amount. Any of those sources which is obligated to pay any amount after the award of compensation shall pay the board any amount of compensation which has been paid to the claimant and pay the remainder of the amount due to the claimant.
3. An order for compensation may be made whether or not any person is prosecuted or convicted of any offense arising from the act on which the claim for compensation is based.
Sec. 13. NRS 217.200 is hereby amended to read as follows:
217.200 1. The [board] hearing officer may order the payment of compensation and the award of a governors certificate for meritorious citizens service to a victim as defined as [subsection 1 and 2 of] NRS 217.070 for:
(a) Medical expenses, and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, actually and reasonably incurred as a result of the personal injury or death of the victim;
κ1981 Statutes of Nevada, Page 1671 (CHAPTER 691, AB 447)κ
reasonably incurred as a result of the personal injury or death of the victim;
(b) Loss of [earning power, actually] earnings or support not to exceed $150 per week and reasonably incurred as a result of the total or partial incapacity of the victim;
(c) Pecuniary loss to the dependents of a deceased victim;
(d) Funeral expenses, not in excess of $1,000, which are actually and reasonably incurred as a result of the death of the victim; and
(e) Any other loss which results from the personal injury or death of the victim and which the [board] hearing officer determines to be reasonable.
2. An award of compensation may be made subject to such terms and conditions as the [board] hearing officer considers necessary or advisable with respect to payment, disposition, allotment or apportionment of the award.
3. No award may be made for less than $100 or for more than $5,000.
Sec. 14. NRS 217.210 is hereby amended to read as follows:
217.210 No order for the payment of compensation may be made unless the application is made within [2 years] 1 year after the date of the personal injury or death on which the claim is based, and the personal injury or death was the result of an incident or offense which was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within [such] that period, within 5 days of the time when a report could reasonably have been made.
Sec. 15. NRS 217.220 is hereby amended to read as follows:
217.220 1. Compensation [shall] must not be awarded if the victim:
(a) Is a relative of the offender;
(b) Was, at the time of the personal injury or death of the victim, living with the offender [as a member of his family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;] in a continuing relationship;
(c) Violated a penal law of this state, which caused or contributed to his injuries or death;
(d) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless such vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim; [or]
(e) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred [.] ; or
(f) Was a coconspirator, codefendant or accomplice of the offender whose crime caused the victims injuries.
2. [No compensation may be awarded in an amount in excess of $5,000.] The hearing officer may deny an award if he determines that the claimant will not suffer serious financial hardship.
Sec. 16. NRS 217.240 is hereby amended to read as follows:
217.240 [Whenever an order for the payment of compensation for personal injury or death is made pursuant to NRS 217.010 to 217.270, inclusive, the board is, upon payment of the order, subrogated to the cause of action of the applicant against the person or persons responsible for such injury or death and may bring an action against such person or persons for the amount of the damages sustained by the applicant.
κ1981 Statutes of Nevada, Page 1672 (CHAPTER 691, AB 447)κ
inclusive, the board is, upon payment of the order, subrogated to the cause of action of the applicant against the person or persons responsible for such injury or death and may bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the board shall pay the balance to the applicant.] When a claimant accepts an award, the State of Nevada is subrogated in the amount of the award to any right of action had by the claimant for damages caused by the crime.
Sec. 17. NRS 217.250 is hereby amended to read as follows:
217.250 The board shall prepare and transmit biennially to the [governor and] legislature a report of its activities [under NRS 217.010 to 217.270, inclusive, including the name of each applicant, a brief description of the facts in each case and the amount of any compensation awarded.] , including:
1. The amount of compensation awarded;
2. The number of claimants;
3. The number of claimants who were denied compensation; and
4. The average length of time taken to award compensation, from the date of receipt of the application to the date of the payment of compensation.
Sec. 18. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid.
2. If on June 30 of any year the fund contains more than $250,000, the state treasurer shall distribute the excess to the counties in the same proportion that the money which each county paid to the fund bears to the amount paid to the fund by all counties. The distribution must be made on or before July 31, and the money must be deposited in the general fund of each county.
Sec. 19. NRS 217.270 is hereby amended to read as follows:
217.270 Any person who knowingly obtains or attempts to obtain, or aids or abets any person to obtain, by means of a willfully false statement or representation or other fraudulent device, assistance to which he is not entitled, or assistance greater than that to which he is entitled [, with the intent to defeat the purposes of] pursuant to NRS 217.010 to 217.260, inclusive, and sections 1.1 to 1.6, inclusive, of this act, is guilty of a gross misdemeanor.
Sec. 20. NRS 178.518 is hereby amended to read as follows:
178.518 Money collected pursuant to NRS 178.506 to 178.516, inclusive [, is to] which was collected:
1. From a person who was charged with a misdemeanor must be paid over to the county treasurer.
2. From a person who was charged with a gross misdemeanor or a felony must be paid over to the state treasurer for deposit in the fund for the compensation of victims of crimes.
κ1981 Statutes of Nevada, Page 1673 (CHAPTER 691, AB 447)κ
Sec. 21. NRS 179A.090 is hereby amended to read as follows:
179A.090 No agency of criminal justice in Nevada which has a cooperative agreement with a repository of Nevada records of criminal history may disseminate any record of criminal history which includes information about a felony or a gross misdemeanor without first making inquiry of the repository of Nevada records of criminal history, to obtain the most current and complete information available, unless:
1. The information is needed for a purpose in the administration of criminal justice for which time is essential, and the repository of Nevada records of criminal history is not able to respond within the require time;
2. The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of an officer, agent or employee of the agency which disseminates the information;
3. The full information requested and to be disseminated was received as part of a summary of records of criminal history from the Nevada records of criminal history information repository within 30 days before the information is disseminated;
4. The statute, executive order, court rule or court order under which the information is to be disseminated refers only to information which is in the files of the agency which makes the dissemination; [or]
5. The information requested and to be disseminated is for the express purpose of research, evaluation or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is sought [.] ; or
6. The information is requested by a compensation officer of the state board of examiners pursuant to NRS 217.090.
Sec. 22. NRS 232.213 is hereby amended to read as follows:
232.213 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) Personnel division.
(c) Risk management division.
(d) Hearings division, which consists of hearing officers and appeals officers. [whose duties as prescribed by chapter 616 of NRS.]
Sec. 23. NRS 217.190 is hereby repealed.
Sec. 24. The decrease in revenue from bail forfeitures resulting from section 20 of this act does not constitute a condition for which a temporary exemption from the limitation imposed by sec. 3 of Chapter 150, Statutes of Nevada 1981, at page 305, may be allowed.
Sec. 25. This act shall become effective on September 1, 1981.
__________
κ1981 Statutes of Nevada, Page 1674κ
Assembly Bill No. 473Assemblymen Westall, Dini, Mello, Schofield, May, Prengaman, Redelsperger, Jeffrey, Polish, DuBois, Craddock, Nicholas, Vergiels, Thompson, Price, Foley, Horn, Kovacs, Barengo, Bremner, Hayes, Hickey, Bergevin, Sader, Stewart, Robinson, Marvel, Banner, Bennett, Beyer, Chaney, Coulter, Glover and Ham
CHAPTER 692
AN ACT relating to public utilities; creating the office of advocate for customers of public utilities within the office of the attorney general; defining his powers and duties; imposing an annual assessment upon public utilities for the support of his office; creating the fund for the consumers advocate and transferring money to that fund; creating a legislative committee to review the performance of his office; providing for independent counsel for the public service commission; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. 1. Consumers advocate means the advocate for customers of public utilities.
2. Cooperative utility means a cooperative association or nonprofit corporation or association which supplies utility services for the use of its own members only.
3. Public interest means the interests or rights of the State of Nevada and of the citizens of the state, or a broad class of those citizens, which arise from the constitutions, court decisions and statutes of this state and of the United States and from the common law. As used in sections 2 to 12, inclusive, of this act, the term refers to those interests and rights as they relate to the regulation of public utilities.
Sec. 3. The office of advocate for customers of public utilities is hereby created within the office of the attorney general. The advocate for customers of public utilities may be known as the consumers advocate.
Sec. 4. 1. The attorney general shall appoint the consumers advocate for a term of 4 years. The consumers advocate is in the unclassified service of the state. The person appointed:
(a) Must be knowledgeable in the various areas of the regulation of public utilities;
(b) Must be independent of and have no pecuniary interest in any utility or industry regulated by the public service commission;
(c) Shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit; and
(d) Must not be a member of any political convention or a member of any committee of any political party.
2. The attorney general may remove the consumers advocate from office for inefficiency, neglect of duty or malfeasance in office.
Sec. 5. The consumers advocate may:
1. Employ the staff necessary to carry out his duties and the functions of his office, in accordance with the personnel practices and procedures established within the attorney generals office. The staff shall include:
κ1981 Statutes of Nevada, Page 1675 (CHAPTER 692, AB 473)κ
(a) A person licensed to practice law in this state, who shall serve as staff counsel;
(b) A person knowledgeable in ratemaking and principles and policies of rate regulation;
(c) A specialist in public utilities knowledgeable in accounting or finance or economics or one or more related disciplines; and
(d) An administrative assistant,
who must be in the unclassified service of the state. The consumers advocate has sole discretion to employ and remove the members of his staff who are in the unclassified service.
2. Purchase necessary equipment.
3. Lease or make other suitable arrangements for office space, but any lease which extends beyond the term of 1 year must be reviewed and approved by a majority of the members of the state board of examiners.
4. Apply for an order of subpena for the appearance of witnesses or the production of books, papers and documents in any proceeding in which he is a party or intervener, the same manner as any other party or intervener, and make arrangements for and pay the fees or costs of any witnesses and consultants necessary to the proceeding. If any person ordered by the public service commission to appear before it as a witness pursuant to this subsection fails to obey the order, the commission shall apply for a subpena commanding the attendance of the witness.
5. Perform such other functions and make such other arrangements as may be necessary to carry out his duties and the functions of his office.
Sec. 6. 1. The fund for the consumers advocate is hereby created as a special revenue fund. All money collected for the use of the consumers advocate must be deposited in the state treasury for credit to the fund.
2. Money in the fund may be used only to defray the costs of maintaining the office of the consumers advocate and for carrying out the provisions of sections 2 to 12, inclusive, of this act.
3. All claims against the fund must be paid as other claims against the state are paid.
Sec. 7. All gifts or grants of money which the consumers advocate is authorized to accept must be deposited with the state treasurer for credit to the fund for the consumers advocate.
Sec. 8. The consumers advocate may, with respect to all public utilities except railroads, common and contract motor carriers and cooperative utilities, and except as provided in section 10 of this act:
1. Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.
2. Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public service commission in the same manner and to the same extent as authorized by law for members of the public service commission and its staff.
3. Petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public service commission or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumers advocate may bring before or has brought before the public service commission or in which the public interest or the interests of any particular class of utility customers are involved.
κ1981 Statutes of Nevada, Page 1676 (CHAPTER 692, AB 473)κ
the consumers advocate may bring before or has brought before the public service commission or in which the public interest or the interests of any particular class of utility customers are involved. The consumers advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.
Sec. 9. All public utilities, except railroads, common and contract motor carriers and cooperative utilities, and except as provided in section 10 of this act, shall provide the consumers advocate with copies of any proposed changes in rates or service, correspondence, legal papers and other documents which are served on or delivered or mailed to the public service commission.
Sec. 10. The powers of the consumers advocate do not extend to matters directly relating to the consideration of tariffs requested by a telephone utility for products or equipment which the utility certifies under oath are subject to competition.
Sec. 11. 1. The consumers advocate has sole discretion to represent or refrain from representing the public interest and any class of utility customers in any proceeding.
2. In exercising his discretion, the consumers advocate shall consider the importance and extent of the public interest or the customers interest involved and whether those interests would be adequately represented without his participation.
3. If the consumers advocate determines that there would be a conflict between the public interest and any particular class of utility customers or any inconsistent interests among the classes of utility customers involved in a particular matter, he may choose to represent one of the interests, to represent no interest, or to represent one interest through his office and another or others through outside counsel engaged on a case basis.
Sec. 12. 1. There is hereby created an interim committee of the legislature to review the performance of the office of the consumers advocate.
2. The committee consists of:
(a) Two members of the senate from the majority political party, designated by the majority leader of the senate;
(b) One member of the senate from the minority political party, designated by the minority leader of the senate;
(c) Three members of the assembly from the majority political party, designated by the speaker of the assembly; and
(d) Two members of the assembly from the minority political party, designated by the minority leader of the assembly.
3. The members from the assembly shall select a chairman from among their number to serve for the period ending with the convening of the 62d session of the legislature. The members from the senate shall select a chairman from among their number to serve during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.
4. The committee exists only when the legislature is not in regular or special session. The committee shall meet at the call of the chairman to review and evaluate the effectiveness and functioning of the office of the consumers advocate.
κ1981 Statutes of Nevada, Page 1677 (CHAPTER 692, AB 473)κ
the consumers advocate. It may make recommendations to the consumers advocate, the attorney general, the legislative commission, the interim finance committee and the legislature.
5. The director of the legislative counsel bureau shall provide a secretary for the committee. Each member of the committee is entitled to receive out of the legislative fund a salary for each day or portion of a day of attendance at a meeting of the committee, in an amount equal to the salary established for members of the legislative commission, and the per diem allowance and travel expenses provided by law.
Sec. 13. NRS 703.147 is hereby amended to read as follows:
703.147 1. The public service commission regulatory fund is hereby created as a special revenue fund. All money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund. Money collected for the use of the consumers advocate must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.
2. Money in the fund which belongs to the commission may be used only to defray the costs of:
(a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.
(b) Participating in all rate cases involving those persons.
(c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.
(d) The salaries, travel expenses and subsistence allowances of the members of the commission.
3. All claims against the fund must be paid as other claims against the state are paid.
4. The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.
Sec. 14. NRS 703.210 is hereby amended to read as follows:
703.210 1. The [attorney general] commission may employ, or retain on a contract basis, legal counsel who shall:
(a) Except as provided in subsection 2, be counsel and attorney for the commission in all actions, proceedings and hearings.
(b) Prosecute in the name of the [State] public service commission of Nevada all civil actions for the enforcement of chapters 704, 704A, 705, 706, 708, 711 and 712 of NRS and for the recovery of any penalty or forfeiture provided for therein.
(c) [If the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities and motor carriers under the jurisdiction of the commission and their officers, agents and employees.
(d)] Generally aid the commission in the performance of its duties and the enforcement of chapters 704, 704A, 705, 706, 708, 711 and 712 of NRS.
2. Each district attorney shall:
(a) Prosecute any violation of chapters 704, 704A, 705, 706, 708, 711 or 712 of NRS for which a criminal penalty is provided and which occurs in his county.
(b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapters 704, 704A, 705, 706, 708, 711 or 712 of NRS and, at the request of the [attorney general or the] commission [,] or its legal counsel, act as counsel and attorney for the commission.
κ1981 Statutes of Nevada, Page 1678 (CHAPTER 692, AB 473)κ
the provisions of chapters 704, 704A, 705, 706, 708, 711 or 712 of NRS and, at the request of the [attorney general or the] commission [,] or its legal counsel, act as counsel and attorney for the commission.
3. The attorney general shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities and motor carriers under the jurisdiction of the commission and their officers, agents and employees.
4. The attorney general is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the commission is a party and is represented by independent counsel.
Sec. 15. NRS 704.033 is hereby amended to read as follows:
704.033 1. The commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission.
2. [The] Except as otherwise provided in subsection 3, the annual assessment [shall] must be [not more than 4 mills] :
(a) For the use of the commission, not more than 3.50 mills; and
(b) For the use of the consumers advocate, 0.75 mills,
on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada, except that the minimum assessment in any 1 year [shall] must be $10. The total annual assessment must be not more than 4.25 mills.
3. For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2. The levy for the use of the consumers advocate must not be assessed against railroads.
4. The gross operating revenue of [such] the utilities [shall] must be determined for the preceding calendar year. In the case of:
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads [and airlines,] , such revenues shall be deemed to be revenue received only from freight and passenger intrastate movements.
(c) All public utilities, such revenue [shall] does not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
Sec. 16. NRS 704.035 is hereby amended to read as follows:
704.035 1. On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities under its jurisdiction, to the address of [such] those utilities on file with the commission. [Such] The revenue report form [shall serve] serves as notice of the commissions intent to assess the utilities, but failure to notify any [such] utility [shall] does not invalidate the assessment with respect thereto.
2. Each public utility subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.
3. The assessment [shall be] is due and payable on July 1 of each year, but may, at the option of the public utility, be paid quarterly on July 1, October 1, January 1 and April 1.
κ1981 Statutes of Nevada, Page 1679 (CHAPTER 692, AB 473)κ
4. The assessment computed by the utility is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of [such] the audit and review.
5. Any public utility failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment a penalty of 1 percent of the total unpaid balance for each month or portion thereof that [said] the assessment is delinquent, or $10, whichever is greater, but no penalty [shall] may exceed $1,000 for each delinquent payment.
6. When a public utility sells, transfers or conveys substantially all of its assets or certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after [such] the sale, transfer or conveyance, unless the transferee has assumed liability for [such] the assessment. For purposes of this subsection the jurisdiction of the commission over the selling, transferring or conveying public utility [shall continue] continues until it has paid [such] the assessment.
7. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.
8. The commission shall, on a quarterly basis, transfer to the fund for the consumers advocate that portion of the assessments collected which belongs to the consumers advocate.
Sec. 17. NRS 704.675 is hereby amended to read as follows:
704.675 Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying those services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the commission for the purposes of NRS 703.191, [704.033, 704.035,] 704.330, 704.350 to 704.430, inclusive, but not to any other jurisdiction, control and regulation of the commission or to the provisions of any section not specifically mentioned in this section.
Sec. 18. NRS 705.360 is hereby amended to read as follows:
705.360 1. Every company, corporation lessee, manager or receiver, owning or operating a railroad in this state, shall equip, maintain, use and display at night upon each locomotive being operated in road service in this state an electric or other headlight of at least 1,500-candlepower, measured without the aid of a reflector. Any electric headlight which will pick up and distinguish a man dressed in dark clothes upon a dark, clear night at a distance of 1,000 feet is deemed the equivalent of a 1,500-candlepower headlight measured without the aid of a reflector.
2. This section does not apply to:
(a) Locomotive engines regularly used in switching cars or trains.
(b) Railroads not maintaining regular night train schedules.
(c) Locomotives going to or returning from repair shops when ordered in for repairs.
3. Any railroad company, or the receiver or lessee thereof, which violates the provisions of this section is liable to the [State] public service commission of Nevada for a penalty of not more than $1,000 for each [offense.]
κ1981 Statutes of Nevada, Page 1680 (CHAPTER 692, AB 473)κ
violates the provisions of this section is liable to the [State] public service commission of Nevada for a penalty of not more than $1,000 for each [offense.] violation.
Sec. 19. NRS 705.370 is hereby amended to read as follows:
705.370 1. Each railroad company or corporation or its receiver, owning or operating any railroad within this state, shall equip and maintain in each of its passenger trains, cabooses, locomotives, motors or diesel engines used in the propelling of trains or switching of cars an emergency first aid kit whose contents must be those prescribed by the public service commission of Nevada. Each passenger train and each caboose must be equipped with at least one stretcher. All of the contents of the emergency first aid kits, except the stretchers, must be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which places, including the storage places of stretchers, must be plainly designated.
2. The employee of any railroad company or corporation or its receiver, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by the company, corporation or receiver for the purpose, whenever any of the emergency first aid kit has been used or has been found missing. The emergency first aid kit must only be used to render first medical or surgical aid to injured passengers, employees or other injured persons requiring first aid.
3. Any railroad company or corporation or its receiver, which refuses, neglects or fails to comply with the provisions of this section is liable for a penalty to the [State] public service commission of Nevada of $25 for each failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first aid kit specified in subsection 1.
4. Any person who removes, carries away from its proper place or uses any emergency first aid kit provided in this section, except for the purpose of administering first aid in the event of injury to any passenger, employee or other person is guilty of a misdemeanor and may be punished by a fine of not more than $500.
Sec. 20. NRS 705.420 is hereby amended to read as follows:
705.420 Any railroad company or receiver of any railroad company, and any person, firm, company or corporation engaged in the business of common carrier doing business in the State of Nevada, which violates any of the provisions of NRS 705.390 to 705.410, inclusive, is liable to the [State] public service commission of Nevada for a penalty of $500 for each [offense.] violation.
Sec. 21. The attorney general shall appoint the first consumers advocate pursuant to section 4 of this act for a term ending December 31, 1984.
Sec. 22. 1. There is hereby transferred from the public service commission regulatory fund existing pursuant to the provisions of NRS 703.147 to the fund for the consumers advocate created by section 6 of this act the sum of $200,000.
2. On or before March 31, 1983, the consumers advocate shall repay from the fund for the consumers advocate to the public service commission regulatory fund the amount transferred pursuant to subsection 1.
κ1981 Statutes of Nevada, Page 1681 (CHAPTER 692, AB 473)κ
repay from the fund for the consumers advocate to the public service commission regulatory fund the amount transferred pursuant to subsection 1.
Sec. 23. The office of the consumers advocate is hereby authorized to expend from the fund for the consumers advocate the sum of $64,534 during the period commencing on the effective date of this act and ending on June 30, 1981.
Sec. 24. At the general election on November 2, 1982, the provisions of sections 1 to 22, inclusive, of this act must be submitted to the registered voters of this state, pursuant to section 2 of article XIX of the Nevada constitution, as a different measure enacted by the legislature on the same subject as the initiative petition presented to the legislature by the secretary of state on January 19, 1981.
Sec. 25. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 524Committee on Government Affairs
CHAPTER 693
AN ACT relating to the personnel division of the department of administration; transferring it to the department of general services; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The chief of the personnel division shall:
1. Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
2. Not engage in any other gainful employment or occupation.
Sec. 2. NRS 232.160 is hereby amended to read as follows:
232.160 As used in NRS 232.160 to 232.211, inclusive, and section 1 of this act, unless the context requires otherwise:
1. Department means the department of general services.
2. Director means the director of this department.
Sec. 3. 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) Personnel division.
(c) Purchasing division.
[(c)] (d) 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.
κ1981 Statutes of Nevada, Page 1682 (CHAPTER 693, AB 524)κ
Sec. 4. NRS 232.190 is hereby amended to read as follows:
232.190 The director shall:
1. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 242, 284, 331, 333, 336 and 344 of NRS and all other provisions of law relating to the functions of the divisions of the department.
2. Have such other powers and duties as provided by law.
Sec. 5. NRS 232.213 is hereby amended to read as follows:
232.213 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) [Personnel division.
(c)] Risk management division.
[(d)] (c) Hearings division, which consists of hearing officers and appeals officers whose duties are prescribed by chapter 616 of NRS.
Sec. 6. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the [personnel division and a chief of the] risk management division.
2. Shall appoint a chief of the budget division, or may personally serve in this position if he has the qualifications required by NRS 353.175.
3. Shall personally serve as chief of the hearings division and shall appoint the hearing officers, who are in the classified service of the state.
4. Is responsible for the administration, through the divisions of the department, of the provisions of [chapter 284 of NRS,] NRS 331.182 to 331.186, inclusive, 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
5. Has such other powers and duties as provided by law.
Sec. 7. NRS 210.065 is hereby amended to read as follows:
210.065 1. The superintendent [shall] must have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He [shall have had] must have at least 2 [years] years of administrative experience in an institution dealing primarily with youth on a 24-hour basis, and [shall] must have graduated from an accredited 4-year college or university, or have [had] an equivalent combination of experience and training, substituting 2 years of [such] experience for 1 year of training.
2. The administrator shall request the personnel division of the department of [administration] general services to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 8. NRS 210.470 is hereby amended to read as follows:
210.470 1. The superintendent [shall] must have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He [shall have had] must have at least 2 [years] years of administrative experience in an institution dealing primarily with youth on a 24-hour basis, and [shall] must have graduated from an accredited 4-year college or university, or have [had] an equivalent combination of experience and training, substituting 2 years of [such] experience for 1 year of training.
κ1981 Statutes of Nevada, Page 1683 (CHAPTER 693, AB 524)κ
2. The administrator shall request the personnel division of the department of [administration] general services to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 9. NRS 216.125 is hereby amended to read as follows:
216.125 The director may:
1. Appoint within the limits of legislative appropriations and pursuant to chapter 284 of NRS any necessary personnel for the commission or the department.
2. Do all things necessary for the proper performance of the functions of the commission and administration of NRS 216.085 to 216.125, inclusive, and NRS 216.185 to 216.285, inclusive.
3. Appoint a chief of each of the divisions in the department.
4. Develop qualifications for the positions of division chief for approval by the commission and submission to the personnel division of the department of [administration] general services for implementation.
Sec. 10. NRS 281.120 is hereby amended to read as follows:
281.120 1. Except as otherwise provided in this section, all state officers and regular and temporary employees of this state [shall be paid their] are entitled to receive salaries as fixed by law in two equal semimonthly payments. The first semimonthly payment for each month [shall] must be for the first half of that particular month, and the second semimonthly payment [shall] must be for the last half of the month. [; provided:
1. That payrolls shall]
2. All payrolls must be submitted by individual agencies immediately after the 15th and last day of each month for approval by the personnel division of the department of [administration,] general services, and salary checks as approved by the state controller [shall] must be issued not later than 10 calendar days following the end of each semimonthly pay period.
[2. That state agencies or departments]
3. A state agency or department may be permitted to pay salaries, within the limits fixed by law, at regular 2-week intervals, when it [shall be] is established to the satisfaction of the governor that [such a] this method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.
Sec. 11 NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter:
1. Chief means the chief of the personnel division of the department of [administration.] general services.
2. Commission means the advisory personnel commission.
3. Director means the director of the department of [administration.] general services.
4. Handicap includes physical disability, mental retardation and mental or emotional disorder.
5. Personnel division means the personnel division of the department of [administration.] general services.
6. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law, and supported in whole or in party by any public [funds, whether such public funds are funds] money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
κ1981 Statutes of Nevada, Page 1684 (CHAPTER 693, AB 524)κ
the constitution or law, and supported in whole or in party by any public [funds, whether such public funds are funds] money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 12. NRS 284.022 is hereby amended to read as follows:
284.022 The department of [administration] general services may include within the personnel system all employees of any governmental agency acquired for administration by the state.
Sec. 13. NRS 284.110 is hereby amended to read as follows:
284.110 1. The personnel operating fund is hereby created as an internal service fund.
2. The department of [administration] general services may accept on behalf of the state any grant or contribution, federal or otherwise, made to assist in meeting the costs of carrying out the purposes of this chapter. All such grants and contributions must be deposited with the state treasurer to the credit of the personnel operating fund.
3. All costs of administering the provisions of this chapter must be paid out of the personnel operating fund on claims in the same manner as other claims against the state are paid.
Sec. 14. NRS 285.030 is hereby amended to read as follows:
285.030 1. The controlling authority of the merit award program [shall be known as] is the merit award board.
2. The board [shall] must be composed of five members as follows:
(a) Two members of the Nevada State Employees Association designated by the executive committee of that association.
(b) One member from the budget division of the department of administration appointed by the chief of the budget division.
(c) One member from the personnel division of the department of [administration] general services appointed by the chief of the personnel division.
(d) One member appointed by and representing the governor.
3. The member from either the budget division of the department of administration or the personnel division of the department of [administration shall] general services must serve as the secretary of the board.
4. The board shall make rules and regulations for transacting its business and carrying out the provisions of this chapter.
Sec. 15. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as provided in subsection 3, any state or other participating officer or employee who elects to participate in the states group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the states share of the cost of the premiums of the group insurance from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program must authorize deductions from their compensation for the payment of premiums on the insurance.
2. The personnel division of the department of [administration] general services shall pay the amount provided by law for that fiscal year toward the cost of the premiums of group insurance for persons retired from the service of the state who have continued to participate.
κ1981 Statutes of Nevada, Page 1685 (CHAPTER 693, AB 524)κ
from the service of the state who have continued to participate. The division shall agree through the committee on group insurance with the insurer for billing of remaining premiums to the retired participants.
3. A senator or assemblyman who elects to participate in the states group insurance program shall pay the entire premium for his insurance.
Sec. 16. NRS 344.080 is hereby amended to read as follows:
344.080 1. The superintendent shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge [such employees. At no time shall he] those employees. He shall not, at any time, employ more compositors, machine operators, pressmen and assistants than the necessities of the division may require.
2. The compensation of [such] the compositors, machine operators, pressmen and assistants [shall] must be fixed by the personnel division of the department of [administration, but at no time shall] general services, but no such employees are entitled to receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.
3. All clerical employees and such other persons as are employed for work not directly related to the printing crafts [shall] must be in the classified service of the state.
Sec. 17. NRS 385.340 is hereby amended to read as follows:
385.340 The qualifications for the professional staff and other personnel appointed by the superintendent of public instruction who are not in the unclassified service [shall] must be fixed by the personnel division of the department of [administration.] general services.
Sec. 18. NRS 433.244 is hereby amended to read as follows:
433.244 The administrator [shall:] must:
1. Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.
3. Have additional qualifications which are in accordance with criteria prescribed by the personnel division of the department of [administration.] general services.
4. Be in the unclassified service of the state, is entitled to receive an annual salary as determined pursuant to the provisions of NRS 284.182 and is entitled to receive the per diem expense allowance and travel expenses fixed by law.
Sec. 19. NRS 433A.020 is hereby amended to read as follows:
433A.020 The administrative officers [shall:] must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
κ1981 Statutes of Nevada, Page 1686 (CHAPTER 693, AB 524)κ
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons.
3. Have additional qualifications which are in accordance with criteria prescribed by the personnel division of the department of [administration.] general services.
4. Be in the classified service of the state.
Sec. 20. NRS 433A.080 is hereby amended to read as follows:
433A.080 1. A coordinator of medical programs is the medical head of any division facility designated by the administrator. He [shall] must be a psychiatrist licensed to practice medicine or, in the case of a treatment facility authorized by subsection 2 of NRS 433A.510, a psychiatrist or a pediatrician licensed to practice medicine. He may be a psychiatrist or a pediatrician in private practice under contract to the division. He [shall] must have such additional qualifications as are in accordance with criteria prescribed by the personnel division of the department of [administration and shall] general services and must be in the unclassified service of the state.
2. A coordinator of medical programs shall:
(a) Cause to be kept a fair and full account of all medical affairs;
(b) Have standard medical histories currently maintained on all clients, and administer or have administered the accepted and appropriate medical treatments to all clients under his care, and may, by delegation of the administrative officer, be responsible for the nonmedical care and treatment of clients; and
(c) Undertake any diagnostic, medical or surgical procedure in the interest of the client, but only in accordance with the provisions of subsection 1 of NRS 433.484.
Sec. 21. NRS 523.031 is hereby amended to read as follows:
523.031 1. The department of energy is hereby created.
2. The department consists of the director and:
(a) The division of Colorado River resources;
(b) The division of energy research and development; and
(c) The division of energy conservation and planning.
3. The governor shall appoint a director to serve as the executive head of the department.
4. The director [shall:] must:
(a) Be in the unclassified service.
(b) Be selected with special reference to his training, experience, capability and interest in the field of energy conservation and management.
(c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
5. As executive head of the department, the director is responsible for the administration of all provisions of law relating to the functions of the department.
6. The director may employ any clerical and operational personnel necessary for the performance of his duties, prescribe their duties and fix their salaries in accordance with classifications made by the personnel division of the department of [administration.] general services.
κ1981 Statutes of Nevada, Page 1687 (CHAPTER 693, AB 524)κ
7. The director and the employees of the department are entitled to receive the travel expenses and subsistence allowances provided by law.
Sec. 22. NRS 584.455 is hereby amended to read as follows:
584.455 1. The commission shall appoint an executive director, who shall serve ex officio as its secretary.
2. The executive director may appoint such assistants, deputies, agents, experts and other employees as are necessary for the administration of NRS 584.325 to 584.690, inclusive, prescribe their duties and fix their salaries in accordance with classifications made by the personnel division of the department of [administration.] general services.
3. The executive director [shall be] is in the unclassified service of the state. All assistants, deputies, agents, experts and other employees [shall be] are in the classified service pursuant to the provisions of chapter 284 of NRS.
4. The executive director may be removed by the commission.
Sec. 23. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the personnel division of the department of [administration,] general services, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for the employment security department.
2. Subject to the provisions of chapter 284 of NRS, the executive director shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The executive director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.
3. The executive director shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
4. Notwithstanding the provisions of NRS 284.343, the executive director may grant educational leave stipends to officers and employees of the employment security department if all the cost of [such] the educational leave stipends may be paid from federal funds.
Sec. 24. NRS 232.216 is hereby repealed.
Sec. 25. Sections 3, 13 and 15 of this act shall become effective at 12:01 a.m. on July 1, 1981.
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κ1981 Statutes of Nevada, Page 1688κ
Assembly Bill No. 534Committee on Judiciary
CHAPTER 694
AN ACT relating to obscene materials; revising procedure to obtain an injunction against certain sales, exhibitions or other use; repealing certain sections or crimes relating to exhibition and sale of obscene materials to minors; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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:] Assembly Bill No. 269 of the 61st session of the Nevada legislature:
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.] means:
(a) Flagellation or torture practiced by or upon a person; or
(b) The condition of being fettered, bound or otherwise physically restrained,
if the flagellation, torture or physical restraint can be reasonably construed as being for the purpose of sexual arousal or gratification.
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;
(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.
Sec. 2. NRS 201.241 is hereby amended to read as follows:
201.241 1. The district attorney or city attorney of any county or city, respectively, in which there is an item or material which he believes to be obscene, may file a complaint in the district court seeking to have the item or material declared obscene and to enjoin the possessor and the owner from selling, renting, exhibiting, reproducing, manufacturing or distributing it and from possessing it for any purpose other than personal use.
2. In such an action, no temporary restraining order may be [issued, but irreparable injury or a threat thereof need not be shown in order to obtain a preliminary injunction against a defendant.] issued.
3. A trial on the merits must be held not earlier than 5 days after the answer is filed nor later than 35 days after the complaint is filed. The court shall render a decision within 2 days after the conclusion of the trial.
κ1981 Statutes of Nevada, Page 1689 (CHAPTER 694, AB 534)κ
Sec. 3. NRS 201.257 is hereby amended to read as follows:
201.257 Harmful to minors means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community [as a whole] with respect to what is suitable material for minors, and is [utterly without redeeming social importance for minors.] without serious literary, artistic, political or scientific value.
Sec. 4. NRS 201.262 is hereby amended to read as follows:
201.262 Sado-masochistic abuse means [flagellation] :
1. Flagellation or torture practiced by or upon a person whether or not clad in undergarments, a mask or bizarre costume [, or the] ; or
2. The condition of being fettered, bound or otherwise physically restrained. [on the part of one so clothed.]
Sec. 5. NRS 201.265 is hereby amended to read as follows:
201.265 A person is guilty of a misdemeanor who knowingly:
1. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view or have access for examination any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors.
2. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view, read, hear or examine any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, with or without music, which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which [taken as a whole] is harmful to minors.
2. Exhibits for monetary consideration to a minor, sells to a minor an admission ticket or pass or admits a minor, for monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors, unless [such] the minor is accompanied by his parent, guardian or spouse.
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of obtaining admission of [such] the minor to any motion picture, show or any other presentation which is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining admission to any motion picture, show or other presentation which is harmful to minors.
Sec. 6. NRS 201.258 is hereby repealed.
Sec. 7. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.
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κ1981 Statutes of Nevada, Page 1690κ
Assembly Bill No. 571Committee on Transportation
CHAPTER 695
AN ACT relating to traffic laws; extending the definition of highway; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.065 is hereby amended to read as follows:
484.065 Highway means the entire width between the boundary lines of every way [maintained by] dedicated to a public authority when any part of [such] the way is open to the use of the public for purposes of vehicular traffic [.] , whether or not the public authority is maintaining the way.
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Assembly Bill No. 586Committee on Ways and Means
CHAPTER 696
AN ACT relating to criminal procedure; providing for payment of compensation to the members of the sanity commission from the reserve for statutory contingency fund under certain circumstances; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission [shall each] are entitled to receive reasonable compensation fixed by the district judge impaneling [such commission, which compensation shall be] the commission. The compensation is a charge against and must be paid by the mental hygiene and mental retardation division upon an order therefor signed by the district judge and submitted to the administrator of the division. The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the mental hygiene and mental retardation division out of the reserve for statutory contingency fund, upon approval by the state board of examiners, for payment of the compensation.
Sec. 2. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262, 412.154 [,] and 475.235; and
κ1981 Statutes of Nevada, Page 1691 (CHAPTER 696, AB 586)κ
NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262, 412.154 [,] and 475.235; and
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.125, 176.223, 177.345, 178.465, 179.225 and 213.153,
but such claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.
Sec. 3. Section 2 of this act shall become effective at 12:02 a.m. on July 1, 1981.
__________
Assembly Bill No. 600Committee on Commerce
CHAPTER 697
AN ACT relating to motor vehicle insurance; revising the measures for compliance with the provisions of law requiring insurance; providing a procedure for verifying motor vehicle insurance; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 485 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall annually select, on a random sample basis, not more than 10 percent of the motor vehicles registered in this state on which the security is a contract of insurance for a verification of motor vehicle insurance.
2. The department shall send a verification form to the owner of each vehicle selected for an insurance verification. The owner shall complete the form with all the information which is requested by the department, including the name of the insurer and the policy number for the vehicle, and return the form within 15 days.
3. When the department receives a completed verification form it shall send the form to the named insurer.
4. Upon receipt of an insurance verification form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer does not have a current contract of insurance covering the vehicle.
5. The department shall suspend the vehicle registration and require the return to the department of the license plates of any vehicle for which a verification form is not returned to the department by the owner within 15 days or for which the verification form is returned by the insurer with a denial coverage.
κ1981 Statutes of Nevada, Page 1692 (CHAPTER 697, AB 600)κ
6. The department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the owner of proof of financial responsibility for a period of 3 years.
7. A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.
8. If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.
9. An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
Sec. 2. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal registration, must be made as provided in this section.
2. Applications for all registrations, except renewal registrations, must be made in person, if practicable, to any office or agent of the department.
2. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residence address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185 covering the motor vehicle to be registered.
(f) [If security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g)] If required, evidence of emission control compliance.
4. The application must contain such other information as may be required by the department, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the declaration required by [paragraphs (e) and (f)] paragraph (e) of subsection 3:
(a) Vehicles which are subject to the license fee and registration requirements of the Interstate Highway User Fee Apportionment Act, [(NRS 706.801 to 706.861, inclusive),] and which are based in this state, may be declared as a fleet by the registered owner thereof, on the original or renewal applications for proportional registration.
κ1981 Statutes of Nevada, Page 1693 (CHAPTER 697, AB 600)κ
[(NRS 706.801 to 706.861, inclusive),] and which are based in this state, may be declared as a fleet by the registered owner thereof, on the original or renewal applications for proportional registration. [The owner may file a single certificate of insurance covering that fleet.]
(b) Other fleets composed of ten or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared as a fleet by the registered owner thereof annually for the purposes of original or renewal application for registration. [The owner may file a single certificate of insurance covering that fleet.
(c) A person who has qualified as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.]
Sec. 3. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal registration, must be made as provided in this section.
2. Applications for all registrations, except renewal registrations, must be made in person, if practicable, to any office or agent of the department.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residence address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185 covering the motor vehicle to be registered.
(f) If security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of emission control compliance.
4. The application must contain such other information as may be required by the department, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the declaration required by [paragraph (e)] paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to license fee and registration requirements of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on the original or renewal applications for proportional registration.
κ1981 Statutes of Nevada, Page 1694 (CHAPTER 697, AB 600)κ
requirements of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on the original or renewal applications for proportional registration. The owner may file a single certificate of insurance covering that fleet.
(b) Other fleets composed of ten or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared as a fleet by the registered owner thereof annually for the purposes of original or renewal application for registration. The owner may file a single certificate of insurance covering that fleet.
(c) A person who has qualified as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.
Sec. 4. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle referred to in subsection 1 of NRS 482.206 expires at midnight on the last day of the last month of the registration period. The registration of every vehicle referred to in subsection 2 of NRS 482.206 expires at midnight on December 31. The department shall mail to each holder of a valid registration certificate an application form for renewal registration for the following registration period. The forms must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail before expiration of subsisting registrations. An applicant may, if he chooses, present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor under the provisions of this section must include:
(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185 covering the motor vehicle to be registered.
(b) [If security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.
(c)] If required, evidence of emission control compliance.
3. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration previous to the expiration of the current registration but who has not received the number plate or plates or registration card for the ensuing registration period is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding registration period for such time as may be prescribed by the department as it may find necessary for issuance of the new plate or plates or registration card.
5. The registration fees for a motortruck and truck tractor, and for any trailer or semitrailer having an unladened weight of 3,501 pounds or more must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year, the fee so obtained, rounded to the nearest one-half dollar, but in no event to be less than $5.50.
κ1981 Statutes of Nevada, Page 1695 (CHAPTER 697, AB 600)κ
any trailer or semitrailer having an unladened weight of 3,501 pounds or more must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year, the fee so obtained, rounded to the nearest one-half dollar, but in no event to be less than $5.50.
Sec. 5. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle referred to in subsection 1 of NRS 482.206 expires at midnight on the last day of the last month of the registration period. The registration of every vehicle referred to in subsection 2 of NRS 482.206 expires at midnight on December 31. The department shall mail to each holder of a valid registration certificate an application form for renewal registration for the following registration period. The forms must be mailed by the department in sufficient time to allow the applicants to mail the applications to the department and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail before expiration of subsisting registrations. An applicant may, if he chooses, present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor under the provisions of this section must include:
(a) A signed declaration by the applicant that he has a will maintain, during the period of registration, security as required by NRS 485.185 covering the motor vehicle to be registered.
(b) If security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.
(c) If required, evidence of emission control compliance.
3. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration previous to the expiration of the current registration but who has not received the number plate or plates or registration card for the ensuing registration period is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding registration period for such time as may be prescribed by the department as it may find necessary for issuance of the new plate or plates or registration card.
5. The registration fees for a motortruck and truck tractor, and for any trailer or semitrailer having an unladened weight of 3,501 pounds or more must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year, the fee so obtained, rounded to the nearest one-half dollar, but in no event to be less than $5.50.
Sec. 6. Chapter 690B of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1981 Statutes of Nevada, Page 1696 (CHAPTER 697, AB 600)κ
If security for the operation of a motor vehicle is provided by a contract of insurance, the insurer shall provide evidence of insurance to the insured on a form provided by the commissioner. The evidence of insurance must show:
1. The name and address of the policyholder;
2. The insured vehicle or vehicles;
3. The term of the insurance; and
4. That the coverage meets the requirements set forth in NRS 485.185.
Sec. 7. 1. This act shall become effective on January 1, 1982.
2. Sections 1 and 6 of this act expire by limitation on June 30, 1983.
3. Sections 3 and 5 of this act shall become effective on July 1, 1983.
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Assembly Bill No. 642Committee on Health and Welfare
CHAPTER 698
AN ACT relating to medicinal substances; regulating the sale of dimethyl sulfoxide in small lots; providing penalties; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 585 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Dimethyl sulfoxide may be sold, whether by wholesalers or retailers, in quantities of 1 gallon or more.
2. Dimethyl sulfoxide may be sold, prescribed or dispensed in quantities of less than 1 gallon only:
(a) Pursuant to prescription by a dentist, podiatrist or veterinarian licensed to practice his profession in this state or by a licensed physician; or
(b) To a purchaser who gives his affidavit declaring that the dimethyl sulfoxide being purchased:
(1) Will not be used for medicinal treatment of any human being; or
(2) Will not be resold and will be used for industrial or commercial purposes in a laboratory or business which is licensed by the state or a local government.
3. A prescription for dimethyl sulfoxide may be filled only with a grade and quality of that substance which meets the requirements of the United States Food and Drug Administration.
4. Any person who gives a false affidavit for the purpose of obtaining dimethyl sulfoxide pursuant to paragraph (b) of subsection 2 is guilty of a misdemeanor.
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κ1981 Statutes of Nevada, Page 1697κ
Assembly Bill No. 645Committee on Elections
CHAPTER 699
AN ACT relating to elections; revising certain provisions on party meetings and organization, vacancies in nominations, deposits for recounts, special boards for counting votes, and certain other provisions; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.135 is hereby amended to read as follows:
293.135 1. The county central committee of each political party in each county shall [cause] have a precinct meeting of the registered voters of the party residing in each voting precinct entitled to delegates in the county convention [, which must be] called and held on or before the fifth day preceding the dates set by the respective state central committees, but not later than the fifth day before the 2nd Tuesday in April in each year in which a general election is held.
2. The meeting or meetings must be held in one of the following places in the following order of preference:
(a) Any public building within the precinct [;
(b) Any] if the meeting is for a single precinct, or any public building [within the county, to accommodate any number of] which is in reasonable proximity to the precincts and will accommodate their meetings if the meetings are for two or more precincts; or
[(c)] (b) Any private building within the precinct [.] or one of the precincts.
3. The county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the building where the meeting is to be held at least 5 days [prior to] before the date of [such] the meeting.
(b) [Publication] Publishing at least 5 days [prior to] before the date of [such] the meeting in one or more newspapers of general circulation in the precinct, published in the county, if any are so published. The notice must be printed in conspicuous display advertising format of not less than 10 column inches, and must include the following language, or words of similar import:
NOTICE TO ALL VOTERS REGISTERED
IN THE (State Name of Political Party)
Nevada state law requires each political party, in every year during which a general election is held, to [cause] have a precinct meeting [to be] held [in] for each precinct. All persons registered in [that] the party and residing in [that] the precinct are entitled to attend the precinct meeting. Delegates to your partys county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct [meetings.] meeting.
κ1981 Statutes of Nevada, Page 1698 (CHAPTER 699, AB 645)κ
4. The notice must specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen at the meeting.
Sec. 2. NRS 293.143 is hereby amended to read as follows:
293.143 The county central committee of a political party to be elected by the county convention of [such party shall] the party must consist of such a number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, [shall] is entitled to have at least one committeeman, and no precinct [shall] may have more [than three.] committeemen than its authorized number of delegates to the county convention.
Sec. 3. NRS 293.155 is hereby amended to read as follows:
293.155 1. Except as otherwise prescribed in this chapter, the state and county party conventions may each adopt its own rules, and each [shall be] is the judge of the election of its own delegates.
2. [In case of the inability of a delegate personally to attend a state or county convention, he may be represented and act by a duly appointed proxy; but not person shall be entitled to act either as a delegate or as a proxy] No person may act as a delegate at any convention unless he is a duly qualified elector of the county or precinct which he seeks to represent. [, nor may he act as a proxy unless he is a member of the same political party as the delegate he represents.]
3. Adoption or application of the so-called unit rule of voting, whereby the votes of all delegates from any precinct or precincts, or county or counties, are required to be cast in the manner determined by the majority of delegates from [such] that precinct or precincts, county or counties, and against the protest of a minority of [such] the delegates, in the proceedings of any state or county party convention is prohibited.
Sec. 4. NRS 293.160 is hereby amended to read as follows:
293.160 1. Each state central committee and each county central committee may elect from its membership an executive committee and shall, except as otherwise provided in this chapter, choose its officers by ballot.
2. Any elections to choose the officers of a county central committee must be held, beginning in 1983, in odd-numbered years and during regular meetings of the committee. The terms of officers so elected are 2 years, and the officers are eligible for reelection to their positions. The officers shall assume their offices and serve as provided in the bylaws and regulations of the central committee.
3. Each committee and its officers [shall] have general charge of the affairs of the party in the state or county, as the case may be, and have the powers usually exercised by such committees and their officers, [thereof,] subject to the provisions of this chapter.
Sec. 5. NRS 293.165 is hereby amended to read as follows:
293.165 1. A vacancy occurring in a party nomination for office may be filled by a candidate designated by the [appropriate political] party central committee of the county or state, as the case may be [, where:
κ1981 Statutes of Nevada, Page 1699 (CHAPTER 699, AB 645)κ
(a) The nominee dies after the primary election and before the 3rd Tuesday in September.
(b) The only person who has filed a declaration or acceptance of candidacy dies after the close of filing and before the primary election.] , subject to the provisions of subsections 3 and 4.
2. A vacancy occurring in nonpartisan nomination after a primary election and before the 3rd Tuesday in September [shall] must be filled by the person who received the next highest vote for [such] the nomination in the primary.
3. No change [shall] may be made on the ballot after the 3rd Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name [shall] must remain on the ballot and, if elected, a vacancy [shall exist.] exists.
4. All designations [and petitions] provided for in this section [shall] must be filed before 5 p.m. of the 3rd Tuesday in September. In each case, the statutory filing fee [shall] must be paid and an acceptance of the [nomination or] designation [shall] must be filed before 5 p.m. of [the 3rd Tuesday in September.] that date.
Sec. 6. NRS 293.166 is hereby amended to read as follows:
293.166 1. A vacancy occurring in a party nomination for the office of state senator or assemblyman from a legislative district comprising more than one county may be filled [by the appropriate political party as provided in subsection 2 where:
(a) The nominee dies after the primary election and before the 3rd Tuesday in September.
(b) The only person who has filed a declaration or acceptance of candidacy dies after the close of filing and before the primary election.
2. In filing such a vacancy, the chairman and two other members of the county central committee, chosen by the committee, from] as follows, subject to the provisions of subsections 2 and 3. The county commissioners of each county all or part of which is included within the legislative district, shall meet [as a joint selection committee under the chairmanship of the chairman from the most populous county.] to appoint a person of the same political party as the former nominee to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then the boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, [of the joint committee, the representatives] the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee [shall] must be chosen by drawing lots among the persons so selected.
κ1981 Statutes of Nevada, Page 1700 (CHAPTER 699, AB 645)κ
[3.] 2. No change [shall] may be made on the ballot after the 3rd Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name [shall] must remain on the ballot and, if elected, a vacancy [shall exist.] exists.
[4.] 3. The designation of a nominee pursuant to this section [shall] must be filed with the secretary of the state before 5 p.m. of the 3rd Tuesday in September, and the statutory filing fee [shall] must be paid with the designation.
Sec. 7. NRS 293.403 is hereby amended to read as follows:
293.403 1. After the canvass of the vote in any election, any candidate defeated at [such] the election may demand and receive a recount of the vote for the office for which he is a candidate if [:
(a) Such demand is made] within 5 days after the certification of the abstract of votes [;] :
(a) He makes his demand to the officer with whom he filed his declaration or acceptance of candidacy, either the secretary of state or the county clerk; and
(b) He deposits in advance the estimated costs of the recount with the county clerk or secretary of state. The estimated costs of the recount shall be determined by the county clerk or secretary of state based on regulations promulgated by the secretary of state defining the term costs.
2. As used in this section, canvass means:
(a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate voted for in more than one county.
(b) In any general election, the canvass of the supreme court.
Sec. 8. NRS 293.405 is hereby amended to read as follows
293.405 1. If the candidate who demanded the recount does not prevail, and it is found that the sum deposited was less than the cost of the recount, the candidate shall, upon demand, pay the deficiency to the county clerk or secretary of state, as the case may be. If the sum deposited is in excess of the cost, the excess [shall] must be refunded to him.
2. If the candidate who demanded the recount prevails, the sum deposited with the secretary of state or county clerk [shall] must be refunded to the candidate and the cost of the recount [shall] must be paid as follows:
(a) If the recount concerns an office for which voting is not statewide, the cost [shall] must be borne by the counties which conducted the recount.
(b) If the recount concerns an office for which voting is statewide, the clerk of each county shall submit a statement of its costs in the recount to the secretary of state for review and approval. The secretary of state shall submit the statements to the state board of examiners, which shall repay the allowable costs from the reserve for statutory contingency fund to the respective counties.
3. Each recount [shall] must be commenced within [3] 5 days after demand, and [shall] must be completed within [3] 5 days after it is begun.
κ1981 Statutes of Nevada, Page 1701 (CHAPTER 699, AB 645)κ
begun. Sundays and holidays [shall] must not be excluded in determining each [3-day] 5-day period.
Sec. 9. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio deputy registrars for the purpose of carrying out the provisions of this chapter.
2. The county clerk may appoint registered voters as deputy registrars, who shall register voters within the county for which they are appointed. Except as provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. Deputy registrars so appointed [shall] serve at the pleasure of the county clerk and shall perform their duties as the county clerk may direct.
3. Deputy registrars may demand of any person who applies for registration all information required by the affidavit of registration, and may administer all oaths required by this chapter.
4. When a deputy registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of [such] the forms for more than [5] 10 days.
5. Immediately after the close of registration, each deputy registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election, a deputy registrar shall return all unused affidavits in his possession to the county clerk.
6. Deputy registrars shall submit to the county clerk an alphabetical list of names of electors registered by him, giving the serial number of the affidavit used for each named registrant.
7. Each deputy registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 10. NRS 293B.360 is hereby amended to read as follows:
293B.360 1. To facilitate the processing and computation of votes cast at any election conducted under a punchcard voting system, the county clerk shall create a computer program and processing accuracy board, and may create:
(a) A central ballot inspection board;
(b) An absent ballot mailing precinct inspection board;
(c) A ballot duplicating board;
(d) A ballot processing and packaging board; and
(e) Such additional boards or appoint such officers as he deems necessary for the expeditious processing of ballots.
2. The county clerk may determine the number of members to constitute any board. He shall make any appointments from among competent persons who are registered voters in this state. The members of each board must represent all political parties as equally as possible. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he is appointed.
3. All appointees [shall] serve at the pleasure of the county clerk.
κ1981 Statutes of Nevada, Page 1702 (CHAPTER 699, AB 645)κ
Sec. 11. NRS 293B.375 is hereby amended to read as follows:
293B.375 [1.] The [membership of the] ballot duplicating board shall: [, as nearly as practicable, include equal representation from the major political parties.
2. The board shall:
(a)] 1. Receive damaged ballot cards, including cards which have been torn, bent or mutilated.
[(b)] 2. Receive ballot cards with incompletely punched chips.
[(c)] 3. Prepare on a distinctly colored, serially-numbered card marked duplicate and exact copy, with respect to punching, of each damaged card.
[(d)] 4. In the case of a ballot card with an incompletely punched chip:
[(1)] (a) Remove the incompletely punched chip; or
[(2)] (b) Duplicate the ballot card without punching the location of the incompletely punched chip, according to the county clerks determination of the probable intent of the voter.
[(e)] 5. Record the serial number of the duplicate ballot card on the damaged original ballot card and return the damaged and duplicate ballots to the appropriate ballot inspection board.
[(f)] 6. Hold aside the duplicated ballot cards for counting after all other ballot cards are counted if this procedure is directed by the county clerk.
Sec. 12. NRS 293B.385 is hereby amended to read as follows:
293B.385 1. The county clerk shall [create a] appoint the members of the computer program and processing accuracy board [and appoint its members] no later than 7 days [prior to] before the election in which they will serve. [The membership of the board shall, as nearly as practicable, include equal representation from the major political parties.]
2. The board shall:
(a) Verify that any invalid prepunching of a ballot card will cause the card to be rejected.
(b) Verify that votes can be counted for each candidate and proposition.
(c) Verify that any overvote for an office or proposition will cause a rejection of the vote for that office or proposition.
(d) Verify that in a multiple vote selection the maximum number of votes permitted a voter cannot be exceeded without rejecting the vote for that selection, but any undervote will be counted.
(e) Verify that neither a voters omission to vote nor his irregular vote on any particular office or proposition will prevent the counting of his vote as to any other office or proposition on the ballot.
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κ1981 Statutes of Nevada, Page 1703κ
Assembly Bill No. 648Committee on Ways and Means
CHAPTER 700
AN ACT relating to racing; altering statutory provisions relating to the payment and distribution of the tax on pari-mutuel wagers; requiring an advance deposit against the payment of the tax by certain licensees; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 466 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When an application is made for a license to conduct racing or pari-mutuel wagering, or both, the applicant shall deposit with the commission an amount of money fixed by the commission as an advance to cover the expenses of investigation and against the tax on pari-mutuel wagers handled. Any portion of the advance not required for the expenses of investigation may be used by the commission to cover regulatory expenses and must be credited against the tax due until the advance is exhausted.
Sec. 2. NRS 466.080 is hereby amended to read as follows:
466.080 1. The [Nevada] racing commission fund is created as a special revenue fund [. The commission shall deposit with the state treasurer for credit to the fund periodically, as collected, out of the proceeds of the taxes imposed by NRS 466.125, an amount equal to 1 percent of all money handled by each pari-mutuel licensee.
2. The commission shall deposit with the state treasurer for credit to the state general fund, periodically as collected, all fees imposed by NRS 466.120 and the remainder of the taxes imposed by NRS 466.125.
3. The commission may, out of the Nevada racing commission fund:
(a) Pay the necessary and proper expenses of the commission for the efficient administration of this chapter, in the same manner as other claims against the state are paid.
(b) Retain, on July 1 of each year, a cash balance of $10,000 for those expenses.
4. The commission shall, on July 1 of each year, distribute the remaining cash balance in excess of $10,000 of the Nevada racing commission fund to those agricultural associations in this state which have conducted race meets without state aid or aid from any agricultural district or county, in proportion to the amount of license fees and taxes paid to the commission by each association.] , from which the commission may pay, within the limits of legislative authorization, its expenses for the administration of this chapter.
2. The commission shall distribute the proceeds of the taxes collected pursuant to NRS 466.120 and subsection 1 of NRS 466.125 in the following order of priority:
(a) One percent of all pari-mutuel money handled on greyhound races to the city in which the races are conducted or, if the races are conducted outside any city, to the county in which they are conducted.
κ1981 Statutes of Nevada, Page 1704 (CHAPTER 700, AB 648)κ
(b) The amount authorized by the legislature, less any amount deposited pursuant to subsection 3, to the racing commission fund.
(c) The remainder to the state general fund.
3. The commission shall deposit with the state treasurer for credit to the racing commission fund an amount of the proceeds of the tax imposed by subsection 2 of NRS 466.125, not to exceed the amount authorized for the expenditures of the commission by the legislature, which equals its costs apportioned to the race tracks and pay the remainder to each county agricultural association in proportion to the amount of [license fees and] taxes paid to the commission by each association.
Sec. 3. NRS 466.125 is hereby amended to read as follows:
466.125 1. Each licensee conducting racing with pari-mutuel wagering shall pay to the commission for the use of the [State of Nevada] state a tax at the rate of 3 percent on all pari-mutuel [moneys] money handled on horse races and 4 percent on all pari-mutuel [moneys] money handled on greyhound races during the race meeting. [, 1 percent of which shall be paid to the commission pursuant to NRS 466.080, and for greyhound races, 1 percent of which shall be paid to the city in which the races are to be conducted or if the race is to be conducted outside any city, to the county in which the race is to be conducted.]
2. State fair associations, agricultural societies, county fair and recreation boards and county agricultural associations [are to] shall pay 1 percent [only of total pari-mutuel moneys] of the pari-mutuel money handled during race meetings.
Sec. 4. Sections 6 and 9 of Senate Bill No. 183 of the 61st session of the Nevada legislature are hereby repealed.
Sec. 5. This section and section 4 of this act shall become effective upon passage and approval.
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Assembly Bill No. 658Committee on Labor and Management
CHAPTER 701
AN ACT relating to contractors; requiring contractors to appoint resident agents; increasing licensing fees; providing a penalty; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as section 2 to 4, inclusive, of this act.
Sec. 2. 1. Every applicant for a license shall appoint and keep in this state a resident agent as provided in NRS 14.020.
2. Every resident agent shall, within 10 days after his appointment, file an acknowledgment of his appointment with the board and a copy of the acknowledgment with the county clerk of the county in which the principal place of business of the contractor is located.
κ1981 Statutes of Nevada, Page 1705 (CHAPTER 701, AB 658)κ
3. All legal process and any demand or notice authorized by law to be served upon a contractor may be served upon the resident agent of the contractor in the manner provided in NRS 14.020 and 14.030. This manner of service is in addition to any other service authorized by law.
4. Every contractor who fails or refuses to comply with the requirements of this section for a period of 30 days is subject to disciplinary action pursuant to NRS 624.300 to 624.305, inclusive.
Sec. 3. 1. The location of the office of any resident agent may be transferred from one address to another in this state upon making and executing a certificate, acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds, setting forth the names of all the contractors represented by the resident agent, and the address he had maintained for each of the contractors, and further certifying to the new address to which the resident agency will be transferred.
2. Upon the filing of the certificate with the board and a copy with the county clerk of the county where the principal place of business is located, the resident agent of each of the contractors recited in the certificate must be located at the new address given in the certificate.
Sec. 4. 1. Whenever a resident agent desires to resign, he shall file with the board a signed statement that he is unwilling to continue to act as the agent of the contractor. The execution of the statement must be acknowledged. A resignation is not effective until the statement is filed with the board and the county clerk.
2. Upon the filing of the statement with the board, the capacity of the person as resident agent terminates, and the board shall give written notice by mail to the contractor of the filing of the statement and its effect.
3. If a designated resident agent dies, resigns or leaves the state, the contractor within 30 days shall file with the board a certificate setting forth the name and complete address of a newly designated resident agent.
Sec. 5. (Deleted by amendment.)
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Assembly Bill No. 659Committee on Judiciary
CHAPTER 702
AN ACT relating to appeals in criminal actions; permitting the state to appeal a pretrial order suppressing evidence; providing that an order changing or refusing to change venue is appealable only after final judgment; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 177.015 is hereby amended to read as follows:
177.015 [1.] The party aggrieved in a criminal action [, whether that party be the state or the defendant,] may appeal only as follows:
1. Whether that party is the state or the defendant:
κ1981 Statutes of Nevada, Page 1706 (CHAPTER 702, AB 659)κ
(a) To the district court of the county from a final judgment of the justices court.
(b) To the supreme court from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.
2. The state may, upon good cause shown, appeal to the supreme court from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant, or in the case of a defendant without counsel, the defendant, within 2 judicial days after the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such period of time as may be required.
[2.] 3. The defendant only may appeal from a final judgment or verdict in a criminal case.
Sec. 2. NRS 2.090 is hereby amended to read as follows:
2.090 The supreme court [shall have] has jurisdiction to review upon appeal:
1. A judgment in an action or proceeding, commenced in a district court, when the matter in dispute is embraced in the general jurisdiction of the supreme court, and to review upon appeal from such judgment any intermediate order or decision involving the merits and necessarily affecting the judgment [.] and, in a criminal action, any order changing or refusing to change the place of trial of the action or proceeding.
2. An order granting or refusing a new trial in such cases; an order [granting] in a civil action changing or refusing to change the place of trial of [an] the action or proceeding after motion is made therefor in the cases in which that court has appellate jurisdiction; and from an order granting or refusing to grant an injunction or mandamus in the case provided for by law.
Sec. 3. NRS 2.110 is hereby amended to read as follows:
2.110 [This] The supreme court may reverse, affirm or modify the judgment or order appealed from as to any or all of the parties, and may, if necessary, order a new trial, and [on] in a criminal action, order the new trial to be had in the proper place. On a direct appeal from an order in a civil action granting a motion to change the place of trial of an action or refusing to change the place of trial, the court may affirm or reverse [such] the order and order the trial to be had in the proper place. An order in a civil action changing or refusing to change the place of trial [shall] must not be appealed from on an appeal from a judgment, but only on direct appeal from the order changing or refusing to change the place of trial. When the judgment or order appealed from is reversed or modified, this court may make, or direct the inferior court to make, complete restoration of all property and rights lost by the erroneous judgment or order.
κ1981 Statutes of Nevada, Page 1707 (CHAPTER 702, AB 659)κ
to make, complete restoration of all property and rights lost by the erroneous judgment or order.
Sec. 4. NRS 174.455 is hereby amended to read as follows:
174.455 1. A criminal action prosecuted by indictment, information or complaint may be removed from the court in which it is pending, on application of the defendant or state, on the ground that a fair and impartial trial cannot be had in the county where the indictment, information or complaint is pending.
2. An application for removal of a criminal action shall not be granted by the court until after the voir dire examination has been conducted and it is apparent to the court that the selection of a fair and impartial jury cannot be had in the county where the indictment, information or complaint is pending.
3. An order in a criminal action changing or refusing to change the place of trial is appealable only on appeal from the final judgment.
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Assembly Bill No. 673Committee on Government Affairs
CHAPTER 703
AN ACT relating to planning and zoning; providing a limitation on the replacement of preexisting, nonconforming structures; revising a procedure governing the disposition of tentative maps; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any county which has a population of less than 250,000 or any city within such a county, the zoning ordinance must provide that a structure which exists and is nonconforming when the ordinance is adopted, and which is subsequently destroyed or removed from the property, may be replaced by:
(a) A structure appropriate to the same use within a reasonable time established by the governing body of the city or county; or
(b) A structure of a conforming use.
2. This section does not apply to any property:
(a) Whose boundary is adjusted on or after the effective date of this act.
(b) From which a structure has been removed through condemnation.
Sec. 2. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as provided in subsection 2, the governing body shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed with it pursuant to NRS 278.330 within 30 days after receipt of the planning commissions recommendations.
κ1981 Statutes of Nevada, Page 1708 (CHAPTER 703, AB 673)κ
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map within 45 days after the map is filled with the governing body.
3. The governing body shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) Availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;
(c) Availability and accessibility of utilities;
(d) Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks;
(e) General conformity with zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical land characteristics such as flood plain, slope, soil; and
(i) Recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 and 278.335.
4. When the board of trustees of a school district develops a plan for the future construction of one or more schools, it shall notify each city, county or regional planning commission any part of whose territory will be served by a proposed school. The notice must include the grades to be taught, the number of pupils to be accommodated, and the area to be served. The board shall notify each commission of any change in or abandonment of its plan.
5. The governing body shall not approve a tentative map if the taxes are delinquent on any of the land to be subdivided. The subdivider shall prove that no tax is delinquent by submitting to the governing body a certificate of the county treasurer to this effect.
6. [Final disposition of the tentative map must be by a vote of the majority of the governing body and any] The governing body shall, by a majority vote of the members present, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for [such] that action.
Sec. 3. This act shall become effective upon passage and approval.
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κ1981 Statutes of Nevada, Page 1709κ
Assembly Bill No. 684Committee on Legislative Functions
CHAPTER 704
AN ACT relating to certain employees and officers of the legislature; increasing their compensation; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 1. There [shall] must be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant secretary............................................................................... [$51] $70
Assistant sergeant-at-arms.................................................................... [32] 45
Clerks......................................................................................................... [25] 35
Committee stenographer........................................................................ [44] 55
History clerk............................................................................................. [45] 59
Journal clerk............................................................................................. [45] 59
Minute clerk............................................................................................. [45] 59
Page........................................................................................................... [24] 33
Secretary................................................................................................... [65] 80
Senior committee stenographer.................................................................. 57
Sergeant-at-arms...................................................................................... [42] 65
Stenographers.......................................................................................... [38] 48
Supervisor of clerks................................................................................ [38] 48
Supervisor of stenographers................................................................. [45] 59
Typist............................................................................................................... 40
Assembly
Assistant chief clerk............................................................................. [$51] $70
Assistant sergeant-at-arms.................................................................... [32] 45
Assistant supervisor of clerks.............................................................. [35] 46
Chief clerk................................................................................................. [65] 80
Clerks......................................................................................................... [25] 35
Committee stenographer........................................................................ [44] 55
History clerk............................................................................................. [45] 59
Journal clerk............................................................................................. [45] 59
Minute clerk............................................................................................. [45] 59
Pages......................................................................................................... [24] 33
Senior committee stenographer.................................................................. 57
Sergeant-at-arms...................................................................................... [42] 65
Stenographers.......................................................................................... [38] 48
Supervisor of stenographers................................................................. [45] 59
Supervisor of clerks................................................................................ [38] 48
Supply clerk.............................................................................................. [31] 38
Typists...................................................................................................... [28] 40
κ1981 Statutes of Nevada, Page 1710 (CHAPTER 704, AB 684)κ
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.
Sec. 2. NRS 218.235 is hereby amended to read as follows:
218.235 When proper claims are filed with the director of the legislative counsel bureau from time to time and approved by him pursuant to law, there [shall] must be paid to the secretary of the senate and to the chief clerk of the assembly from the legislative fund the secretarys expenses and the chief clerks expenses of initial travel from home to Carson City for a regular or special session of the legislature and return travel after adjournment sine die of the session, and a subsistence allowance must be paid to the secretary and to the chief clerk for each day of such travel and each day of duty performed in connection with or during the session, and when the legislature is in adjournment for more than 3 days if [his] their services are required. The travel expenses and subsistence allowances must be paid at the rates provided by law for public officers and employees.
Sec. 3. NRS 218.237 is hereby repealed.
__________
Assembly Bill No. 694Committee on Judiciary
CHAPTER 705
AN ACT relating to legal services; providing for a recoupment of attorneys fees otherwise chargeable against the state or a county by certain organizations conducting legal aid programs which accept a certain government subsidy; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 19.031 is hereby amended to read as follows:
19.031 1. In each county in which legal services are provided without charge to indigent persons through a legal aid program organized under the auspices of the State Bar of Nevada, a county or local bar association or a county legal services program, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of $3 from the party commencing or appearing in [such] the action or proceeding. [Such fees shall be] These fees are in addition to any other fees required by law.
2. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1. [The] Except as provided in subsection 3, the county treasurer shall remit quarterly all such amounts received by him to the organization operating the legal services program.
κ1981 Statutes of Nevada, Page 1711 (CHAPTER 705, AB 694)κ
3. If the county treasurer receives notice from the state or a political subdivision that an award of attorneys fees or costs has been made to an organization which receives money pursuant to this section and has been paid, he shall:
(a) Deduct an amount equal to the award from the amount to be paid to the organization; and
(b) Remit an equal amount to the state or to the political subdivision which paid the fees or costs at the time when he would have paid it to the organization.
Sec. 2. Section 1 of this act applies with respect to any case pending on and after the effective date of this act.
Sec. 3. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 701Committee on Transportation
CHAPTER 706
AN ACT relating to taxes on fuel; providing for increases of those taxes; exempting petroleum-ethanol mixture from those increases; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 365 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Petroleum-ethanol mixture means a fuel containing a minimum of 10 percent by volume of ethyl alcohol derived from agricultural products.
Sec. 2. NRS 365.170 is hereby amended to read as follows:
365.170 1. [In addition to any other taxes provided by law, every] Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel sold, distributed or used by him in the State of Nevada, as well as all motor vehicle fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the fax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax of [4.5] :
(1) Seven cents per gallon on petroleum-ethanol mixture; or
(2) Eight cents per gallon on all other motor vehicle fuel,
so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or [prior to] before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
κ1981 Statutes of Nevada, Page 1712 (CHAPTER 706, AB 701)κ
Any dealer to whom an extension is granted shall pay, in addition to any delinquent tax due, interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax would have been due without the extension to the date of payment.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that [such] the document or remittance was timely deposited in the United States mail properly addressed to the department.
Sec. 3. NRS 365.170 is hereby amended to read as follows:
365.170 1. Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel sold, distributed or used by him in the State of Nevada, as well as all motor vehicle fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax of:
(1) [Seven] Eight cents per gallon on petroleum-ethanol mixture; or
(2) [Eight] Nine cents per gallon on all other motor vehicle fuel, so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
Any dealer to whom an extension is granted shall pay, in addition to any delinquent tax due, interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax would have been due without the extension to the date of payment.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
Sec. 4. NRS 365.180 is hereby amended to read as follows:
365.180 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of [one-half] 1 cent per gallon on all motor vehicle fuel.
2. This tax [shall] must be accounted for by each dealer and [shall] be collected in the manner provided in this chapter.
κ1981 Statutes of Nevada, Page 1713 (CHAPTER 706, AB 701)κ
be collected in the manner provided in this chapter. The tax [shall] must be paid to the department and delivered by the department to the state treasurer. [He shall receipt the dealer therefor.]
Sec. 5. NRS 365.180 is hereby amended to read as follows:
365.180 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of [1 cent] 1.25 cents per gallon on all motor vehicle fuel.
2. This tax must be accounted for by each dealer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.
Sec. 6. NRS 365.190 is hereby amended to read as follows:
365.190 1. Subject to the provisions of subsection 3, in addition to any other tax provided for in this chapter, there is hereby levied an excise tax of [1 cent] 1.5 cents per gallon on all motor vehicle fuel.
2. This tax [shall] must be accounted for by each dealer as to the county in which it is sold to the retailer and [shall] be collected in the manner provided in this chapter. The tax [shall] must be paid to the department and delivered by the department to the state treasurer. [He shall receipt the dealer therefor.]
3. The provisions of this section shall be deemed to be optional. The board of county commissioners of any county may decline to accept the [1 cent per gallon] additional tax by adoption of a resolution passed prior to July 1, 1947, [and which shall] which must be reconsidered and passed once each year within 60 days prior to July 1 of each year as long as the board of county commissioners desires so to act. Upon the adoption of such a resolution no tax [shall] may be collected.
Sec. 7. NRS 365.190 is hereby amended to read as follows:
365.190 1. Subject to the provisions of subsection 3, in addition to any other tax provided for in this chapter, there is hereby levied an excise tax of [1.5] 1.75 cents per gallon on all motor vehicle fuel.
2. This tax must be accounted for by each dealer as to the county in which it is sold to the retailer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.
3. The provisions of this section shall be deemed to be optional. The board of county commissioners of any county may decline to accept the additional tax by adoption of a resolution passed prior to July 1, 1947, which must be reconsidered and passed once each year within 60 days prior to July 1 of each year as long as the board of county commissioners desires so to act. Upon the adoption of such a resolution no tax may be collected.
Sec. 8. NRS 365.535 is hereby amended to read as follows:
365.535 1. It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS. [Nevada Boat Act.]
κ1981 Statutes of Nevada, Page 1714 (CHAPTER 706, AB 701)κ
2. The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the department by use of the following formula:
(a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat; and
(b) Adding 566.771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann college of agriculture, University of Nevada, Reno; and
(c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times [the excise tax rates levied under the provisions of NRS 365.170 to 365.190, inclusive,] 6 cents per gallon, less the percentage of the [rate] tax authorized to be deducted by the dealer pursuant to NRS 365.330.
3. The department of wildlife shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the apportionment and distribution ratio as defined in subsection 4, in writing, to the department of wildlife and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.
4. In each fiscal year, the state treasurer shall, upon receipt of the tax money from the department collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive, allocate the remittances and deposits made pursuant to subsections 1 and 2, in proportions directed by the legislature, to:
(a) The wildlife account in the state general fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of this money declared by the department of wildlife to be in excess of its immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources in accordance with the provisions of paragraph (b).
(b) The parks marina development fund which is hereby created as a special revenue fund for use by the division of state parks of the state department of conservation and natural resources. All money so deposited to the credit of the division of state parks may be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.
5. Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 4 may be made quarterly or oftener if convenient to the state treasurer.
Sec. 9. NRS 366.190 is hereby amended to read as follows:
366.190 A tax is hereby imposed at the rate of [6] 10.5 cents per gallon on the sale or use of special fuels.
κ1981 Statutes of Nevada, Page 1715 (CHAPTER 706, AB 701)κ
Sec. 10. NRS 366.190 is hereby amended to read as follows:
366.190 A tax is hereby imposed at the rate of [10.5] 12 cents per gallon on the sale or use of special fuels.
Sec. 11. NRS 373.030 is hereby amended to read as follows:
373.030 In any county for all or part of which a streets and highways plan has been adopted by the county or regional planning commission, the board may by ordinance:
1. Create a regional transportation commission; and
2. Impose a tax on motor vehicle fuel sold in the county [of:
(a) One cent or 2 cents per gallon.
(b) In addition to the tax provided for in paragraph (a), 2 cents per gallon to be effective only if the tax is approved by a vote of the registered voters of the county upon a question which the board may submit to the voters at any election.] in an amount not to exceed 4 cents per gallon.
3. In lieu of imposing the tax by ordinance, the board may submit the proposed tax to the registered voters of the county at any election for their approval.
A tax imposed under this section is in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.
Sec. 12. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The director shall report to the legislature by February 1 of odd-numbered years the progress being made in the departments 12-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 calendar years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.
Sec. 13. 1. Sections 3, 5, 7 and 10 of this act shall become effective on July 1, 1982.
2. The remaining sections of this act shall become effective on July 1, 1981.
3. Sections 2, 4, 6 and 9 of this act expire by limitation on July 1, 1982.
__________
Assembly Bill No. 707Committee on Ways and Means
CHAPTER 707
AN ACT relating to the state analytical laboratory; providing for the charging of a fee for testing of samples; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 396.620 is hereby amended to read as follows:
396.620 1. [In addition to his other duties as fixed by law, the] Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the president of the university shall cause to be analyzed by an [assistant, teacher or teachers employed at] appropriate employee of the university any ores, minerals, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of the State of Nevada for that purposes.
κ1981 Statutes of Nevada, Page 1716 (CHAPTER 707, AB 707)κ
Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the president of the university shall cause to be analyzed by an [assistant, teacher or teachers employed at] appropriate employee of the university any ores, minerals, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of the State of Nevada for that purposes. [The work shall be restricted to both Nevada samples and citizens, and limited in number as prescribed in NRS 396.620 to 396.660, inclusive.] Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada citizens. Any citizen of the state may send any such substance [as has been described, within the limitations as provided, and have the same analyzed free of charge,] for analysis and have the results [of the same] mailed to him within 10 working days after it has been received, [provided] if he has supplied the university with the information for its records as provided in this section. The report sent him [shall] must also contain as nearly as possible an explanation of [their] the uses and market value [.] of the substance.
2. [There shall be kept at the university] For each sample sent for analysis, the university shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.
3. The university must keep a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of [such] the minerals or other matters, stating the name and residence of the person or persons from whom received, as nearly as possible the location from which the material was taken, including the district and county, and [all other matters touching the same that may be beneficial.] any other relevant information. This information for the records may be required to be filed with the university before any work is done on the material sent, and the 10-day limit for reports will count from the time [such data] the information is received at the university. [Blanks for the same shall] Forms for providing the information must be printed by the state printing and records division of the department of general services and distributed free.
[3.] 4. A portion of the sample analyzed [shall] must be kept at the university for [a period of] 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired. [, after which period] After that time expires, samples may be destroyed or used for any desirable purpose.
__________
κ1981 Statutes of Nevada, Page 1717κ
Assembly Bill No. 708Committee on Ways and Means
CHAPTER 708
AN ACT relating to records of criminal history; making an appropriation to plan for a central repository; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The director of the department of motor vehicles shall develop a plan and schedule for establishing a central repository for records of criminal history. The budget of the department as presented to the legislature at the 62d session must include the money necessary to carry out this plan.
Sec. 2. There is hereby appropriated from the state general fund to the department of motor vehicles the sum of $50,000 to develop the required plan. Any remaining balance of this appropriation 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. 709Committee on Ways and Means
CHAPTER 709
AN ACT making appropriations from the state general fund, the state highway fund and the state insurance fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983; making supplemental appropriations for the support of certain state officers and agencies for the fiscal year ending June 30, 1981; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums are hereby appropriated from the state general fund for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983.
1981-82 1982-83
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor............ $698,386............................................................................. $732,809
For the support of the governors mansion............... 119,112............................................................................. 137,091
κ1981 Statutes of Nevada, Page 1718 (CHAPTER 709, AB 709)κ
1981-82 1982-83
For the support of the office of the extradition clerk $312,106............................................................................. $352,334
For the support of the office of comprehensive statewide planning............................................................................. 58,358............................................................................. 58,358
For the support of general fund agencies out-of-state travel ............................................................................. 75,000 75,000
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor 44,489............................................................................. 60,615
Sec. 4. The Office of Attorney General.
For the support of the office of attorney general...... 1,244,724............................................................................. 1,283,616
For the special litigation account of the attorney general ............................................................................. 100,000 125,000
For the medical malpractice investigation account... 18,000............................................................................. 18,000
Sec. 5. The Office of Secretary of State.
For the support of the office of secretary of state.... 651,970............................................................................. 719,613
Sec. 6. The Office of State Treasurer.
For the support of the office of the state treasurer... 265,783............................................................................. 277,248
Sec. 7. The Office of the State Controller.
For the support of the office of the state controller. 1,237,972............................................................................. 1,301,222
Sec. 8. Department of Administration.
The following sums are hereby appropriated for the support of:
Budget division.............................................................. 554,179............................................................................. 618,024
Merit award board.......................................................... 5,500............................................................................. 5,500
State agencies training................................................. 20,000............................................................................. 22,500
Clear Creek youth center............................................... 110,661............................................................................. 119,140
Sec. 9. Department of General Services.
The following sums are hereby appropriated for the support of:
κ1981 Statutes of Nevada, Page 1719 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Records management services section of the state printing and records division................................................. $54,263............................................................................. $54,733
Buildings and grounds division.................................. 27,930............................................................................. 28,911
State printing office....................................................... 77,000............................................................................. ............
Sec. 10. Department of Economic Development.
For the support of the department of economic development ............................................................................. 814,294 887,901
Sec. 11. State Public Works Board.
For the support of the state public works board....... 663,314............................................................................. 542,085
Sec. 12. Department of Taxation.
The following sums are hereby appropriated for the support of:
Department of taxation.................................................. 3,584,364............................................................................. 3,622,617
Renewable resource tax allowance.............................. 60,000............................................................................. 100,000
Senior Citizens Property Tax Assistance.................. 1,750,000............................................................................. 1,900,000
Sec. 13. Nevada Commissioner for Veteran Affairs.
For the support of the Nevada commissioner for veteran affairs ............................................................................. 178,159 184,267
Sec. 14. Nevada Equal Rights Commission.
For the support of the Nevada equal rights commission ............................................................................. 318,175 330,941
Sec. 15. Indian Affairs Commission.
For the support of the Indian affairs commission..... 90,660............................................................................. 92,834
Sec. 16. Employee-Management Relations Board.
For the support of the employee-management relations board ............................................................................. 77,747 79,070
Sec. 17. Legislative Fund.
For the support of the legislative commission.......... 248,305............................................................................. 184,827
κ1981 Statutes of Nevada, Page 1720 (CHAPTER 709, AB 709)κ
1981-82 1982-83
For the support of the audit division of the legislative counsel bureau................................................................. $771,475............................................................................. $848,622
For the support of the service division of the legislative counsel bureau................................................................. 683,722............................................................................. 717,979
For the support of the legal division of the legislative counsel bureau................................................................. 1,427,051............................................................................. 1,269,324
For the support of the research division of the legislative counsel bureau................................................................. 394,036............................................................................. 425,089
For the support of the fiscal analysis division of the legislative counsel bureau.................................................. 335,124............................................................................. 352,691
For the support of the legislative counsel bureau salary and consumer price index adjustments................. 436,809............................................................................. 571,637
Sec. 18. Supreme Court of Nevada.
For the support of the supreme court of Nevada...... 1,448,255............................................................................. 1,537,246
For the support of the court administrator................. 210,558............................................................................. 223,244
For the support of the state board of pardons commissioners ............................................................................. 13,518 39,265
For the support of the law library................................ 320,180............................................................................. 282,550
For the support of the commission on judicial selection ............................................................................. 5,820 6,148
For the support of the retired justice duty fund........ 29,000............................................................................. 29,000
Sec. 19. Commission on Judicial Discipline.
For the support of the commission on judicial discipline ............................................................................. 20,855 19,982
Sec. 20. District Judges Travel.
For the support of the district judges travel............. 39,500............................................................................. 39,500
Sec. 21. District Judges Salaries and Judicial Pensions.
For the support of district judges salaries, and pensions of justices, judges and widows........................... 1,495,340............................................................................. 1,918,734
κ1981 Statutes of Nevada, Page 1721 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Sec. 22. Public Defender.
For the support of the office of public defender....... $213,582............................................................................. $229,220
Sec. 23. State Department of Education.
The following sums are hereby appropriated for the support of:
Education, state programs............................................ 793,089............................................................................. 825,148
Vocational education..................................................... 324,294............................................................................. 328,196
Professional standards commission............................ 8,160............................................................................. 8,160
School lunch program................................................... 360,000............................................................................. 360,000
Adult basic education................................................... 15,222............................................................................. 15,222
Care of handicapped children...................................... 527,050............................................................................. 584,155
Sec. 24. Commission on Postsecondary Institutional Authorization.
For the support of the commission on postsecondary education ............................................................................. 50,000 50,000
Sec. 25. University of Nevada System.
The following sums are hereby appropriated for the support of:
System administration................................................... 727,911............................................................................. 741,631
University press............................................................. 191,115............................................................................. 195,978
Statewide programs — UNR.......................................... 1,726,329............................................................................. 1,772,932
Intercollegiate athletics — UNR.................................... 700,000............................................................................. 750,000
Statewide programs — UNLV........................................ 293,088............................................................................. 300,683
Intercollegiate athletics — UNLV.................................. 700,000............................................................................. 750,000
Agricultural experiment station.................................... 2,221,464............................................................................. 2,350,142
Cooperative extension services................................... 1,766,661............................................................................. 1,803,893
System computing center............................................. 1,940,880............................................................................. 2,090,524
Desert research institute............................................... 1,292,793............................................................................. 1,347,758
National direct student loan......................................... 50,000............................................................................. 50,000
University of Nevada, Reno......................................... 19,352,950............................................................................. 19,984,752
School of medical sciences, UNR................................ 4,338,368............................................................................. 4,058,151
Internship program, southern Nevada........................ ......................................................................................... 400,000
University of Nevada, Las Vegas................................ 16,485,397............................................................................. 17,192,293
Clark County community college................................. 5,215,752............................................................................. 5,608,270
Western Nevada community college.......................... 1,951,531............................................................................. 2,121,260
Truckee Meadows community college....................... 3,258,052............................................................................. 3,494,621
Northern Nevada community college......................... 1,082,219............................................................................. 1,138,125
Business center, north.................................................. 1,480,051............................................................................. 1,524,701
Business center, south.................................................. 1,064,206............................................................................. 1,090,789
Nursing challenge grant................................................ 33,000............................................................................. 67,000
κ1981 Statutes of Nevada, Page 1722 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Sec. 26. The following sums are hereby appropriated to the interim finance committee for the support of professional salary increases in the University of Nevada System:
System administration................................................... ......................................................................................... $41,046
University press............................................................. ......................................................................................... 9,949
Statewide programs — UNR.......................................... ......................................................................................... 86,204
Statewide programs — UNLV........................................ ......................................................................................... 15,512
Agricultural experiment station.................................... ......................................................................................... 115,780
Cooperative extension service..................................... ......................................................................................... 165,162
System computing center............................................. ......................................................................................... 62,436
Desert research institute............................................... ......................................................................................... 90,083
University of Nevada, Reno......................................... ......................................................................................... 1,076,695
School of medical sciences, UNR................................ ......................................................................................... 330,519
University of Nevada, Las Vegas................................ ......................................................................................... 949,853
Clark County community college................................. ......................................................................................... 255,493
Western Nevada community college.......................... ......................................................................................... 89,765
Truckee Meadows community college....................... ......................................................................................... 157,916
Northern Nevada community college......................... ......................................................................................... 46,336
Business center, north.................................................. ......................................................................................... 29,043
Business center, south.................................................. ......................................................................................... 22,271
Sec. 27. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the western interstate commission for higher education ............................................................................. 78,928 84,377
For the support of the western interstate commission for higher education loan fund.......................................... 913,950............................................................................. 989,775
Sec. 28. Department of Museums and History.
For the support of the office of the administrator..... 66,324............................................................................. 67,649
For the support of the Nevada historical society..... 221,142............................................................................. 224,851
For the support of the Nevada state museum........... 501,549............................................................................. 520,965
For the support of the southern Nevada museum.... ......................................................................................... 152,022
For the support of the Lost City museum.................. 90,995............................................................................. 93,287
For the support of the Virginia and Truckee railroad....................... ............................................................................. 42,218 46,221
κ1981 Statutes of Nevada, Page 1723 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Sec. 29. Nevada Council on the Arts.
For the support of the Nevada council on the arts... $100,979............................................................................. $106,233
Sec. 30. Nevada State Library.
For the support of the Nevada state library............... 804,467............................................................................. 830,236
For the support of library cooperation....................... 125,904............................................................................. 134,662
For the support of the archives division.................... 172,060............................................................................. 102,987
Sec. 31. Department of Human Resources.
The following sums are hereby appropriated for the support of:
Office of the director of human resources.................. 334,383............................................................................. 339,405
Health planning and resources.................................... 48,090............................................................................. 49,459
Aging services division................................................ 429,550............................................................................. 447,523
Youth services division
Youth services division.......................................... 159,311............................................................................. 166,838
Northern Nevada childrens home........................ 645,875............................................................................. 675,880
Southern Nevada childrens home....................... 628,604............................................................................. 664,876
Nevada youth training center................................ 2,543,184............................................................................. 2,674,751
Probation subsidies................................................ 755,244............................................................................. 755,244
Nevada girls training center................................... 1,456,421............................................................................. 1,540,511
Youth parole............................................................. 480,716............................................................................. 502,389
Youth services division alternative placements. 678,000............................................................................. 692,000
Health division
Office of state health officer.................................. 241,945............................................................................. 248,780
Vital statistics........................................................... 233,591............................................................................. 242,097
Bureau of health facilities....................................... 132,258............................................................................. 140,234
Bureau of laboratory and research....................... 524,074............................................................................. 563,583
Maternal, child, school and special childrens services ............................................................................. 2,521,310............................................................................. 2,801,929
Maternal, child health (Title I)............................... 642,459............................................................................. 675,278
Bureau of community health services.................. 332,870............................................................................. 340,276
Health aid to counties............................................. 628,674............................................................................. 679,588
Emergency medical services.................................. 251,083............................................................................. 264,629
Consumer protection.............................................. 472,197............................................................................. 504,098
Tuberculosis control............................................... 215,792............................................................................. 245,585
Venereal disease control........................................ 63,286............................................................................. 63,990
κ1981 Statutes of Nevada, Page 1724 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Dental health............................................................ $235,780....................................................................... $225,768
Cancer control registry........................................... 59,254....................................................................... 64,395
Mental hygiene and mental retardation division
Division administration.......................................... 603,384....................................................................... 619,117
Nevada mental health institute.............................. 5,422,748....................................................................... 5,591,774
Facility for the mental offender............................. 1,262,010....................................................................... 1,328,188
Reno mental health center...................................... 726,728....................................................................... 708,624
Rural clinics.............................................................. 1,400,915....................................................................... 1,529,838
Las Vegas mental health center............................. 2,322,081....................................................................... 2,572,224
Henderson mental health center........................... 1,369,307....................................................................... 1,366,921
Childrens behavioral services — Las Vegas....... 1,607,887....................................................................... 1,760,325
Childrens behavioral services — Washoe County ....................................................................... 491,251 585,825
Genetics program..................................................... 79,992....................................................................... 82,887
Southern Nevada mental retardation services.... 349,594....................................................................... 300,061
Northern Nevada mental retardation services.... 458,665....................................................................... 417,542
Community training center..................................... 732,706....................................................................... 900,878
Community awareness project.............................. 6,000....................................................................... 7,000
Retired senior volunteer program......................... 8,687....................................................................... 9,432
Foster grandparents program................................ 74,270....................................................................... 74,047
Resident placement................................................. 129,154....................................................................... 180,923
MH/MR regional training....................................... 44,359....................................................................... 47,345
Welfare division
Food stamp program............................................... 1,911,234....................................................................... 1,895,705
Work incentive program......................................... 49,805....................................................................... 49,805
Homemaking services............................................. 136,884....................................................................... 158,031
Child protection program....................................... 13,485....................................................................... 14,749
Child welfare services............................................. 2,520,040....................................................................... 2,850,822
Rehabilitation division
Vocational rehabilitation........................................ 882,105....................................................................... 1,088,667
Services to the blind............................................... 463,901....................................................................... 527,795
Social services for the blind................................... 47,245....................................................................... 50,416
Alcohol and drug abuse rehabilitation................ 799,271....................................................................... 1,008,229
Committee to hire the handicapped...................... 102,564....................................................................... 106,406
Developmental disabilities..................................... 900....................................................................... 900
Sec. 32. Department of the Military.
For the support of the department of the military..... 698,237............................................................................. 751,664
κ1981 Statutes of Nevada, Page 1725 (CHAPTER 709, AB 709)κ
1981-82 1982-83
For the support of the National Guard benefits........ $55,500............................................................................. $55,500
For the support of the civil defense and disaster agency ............................................................................. 91,659 89,098
Sec. 33. Department of Prisons.
For the support of the office of director..................... 3,251,185............................................................................. 3,664,634
For the support of the Nevada state prison............... 4,360,709............................................................................. 4,714,478
For the support of the northern Nevada correctional center ............................................................................. 5,492,207............................................................................. 5,874,787
For the support of the southern Nevada correctional center ............................................................................. 4,260,055............................................................................. 4,494,927
For the support of the Nevada womens correctional center ............................................................................. 1,011,198............................................................................. 1,073,000
For the support of the prison honor camps............... 995,181............................................................................. 788,256
For the support of the northern Nevada restitution center ............................................................................. 189,052 199,737
For the support of the southern Nevada restitution center ............................................................................. 178,875 194,129
For the support of the southern desert correctional center ............................................................................. 2,495,819............................................................................. 4,527,149
Sec. 34. Department of Parole and Probation.
For the support of the department of parole and probation ............................................................................. 4,141,839............................................................................. 4,664,373
For the support of the residential centers.................. 192,495............................................................................. 469,154
Sec. 35. Parole Board.
For the support of the parole board............................ 213,105............................................................................. 224,337
Sec. 36. Department of Commerce.
The following sums are hereby appropriated for the support of:
Office of the director...................................................... 193,991............................................................................. 197,684
Insurance division......................................................... 959,231............................................................................. 998,966
Fire marshal..................................................................... 163,675............................................................................. 163,706
Financial institutions division...................................... 512,436............................................................................. 532,726
Consumer affairs division............................................. 187,749............................................................................. 190,682
Real estate division........................................................ 638,392............................................................................. 655,850
Unclaimed property program........................................ 97,589............................................................................. 100,810
Sec. 37. Labor Commissioner.
For the support of the labor commissioner................ 440,221............................................................................. 444,428
κ1981 Statutes of Nevada, Page 1726 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Sec. 38. State Department of Conservation and Natural Resources.
The following sums are hereby appropriated for the support of:
Office of the director............................................... $287,638....................................................................... $293,506
State environmental commission................................. 58,020............................................................................. 60,177
Division of conservation districts............................... 63,244............................................................................. 64,582
Division of state lands.................................................. 214,275............................................................................. 223,451
Tahoe regional planning agency................................. 150,000............................................................................. 150,000
Division of historic preservation and archeology.... 88,742............................................................................. 91,380
Division of mineral resources....................................... 70,618............................................................................. 72,277
Division of environmental protection......................... 627,310............................................................................. 653,142
Division of water resources.......................................... 1,135,944............................................................................. 1,188,837
California-Nevada compact commission.................... 500............................................................................. 500
Division of state parks
Park administration.................................................. 1,865,393....................................................................... 1,935,044
Park planning and development............................ 360,345....................................................................... 333,321
Division of forestry
Forestry division..................................................... 1,121,015....................................................................... 1,085,412
Forestry nurseries................................................... 34,720....................................................................... 24,140
Forest fire suppression........................................... 150,000....................................................................... 150,000
Forestry honor camps............................................. 828,804....................................................................... 554,158
Rural fire department aid........................................ 30,000....................................................................... 30,000
Marlette/Hobart....................................................... 29,710....................................................................... 33,085
Committee on federal land laws................................... 12,240............................................................................. 12,240
Division of water planning........................................... 87,508............................................................................. 90,735
Sec. 39. Department of Energy.
For the support of the office of the director.............. 106,728............................................................................. 112,895
For the support of the research and development division ............................................................................. 32,500 32,500
For the support of the conservation and planning division ............................................................................. 30,000 55,000
For the support of the Colorado River resources division ............................................................................. 62,932 65,723
For the support of the Western Interstate Energy Board ............................................................................. 15,000 15,000
Sec. 40. Department of Wildlife.
For the support of the department of wildlife............ 193,681............................................................................. 193,681
κ1981 Statutes of Nevada, Page 1727 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Sec. 41. Comstock Historic District Commission.
For the support of the Comstock historic district commission ............................................................................. $12,992 $15,710
Sec 42. State Department of Agriculture.
For the support of the plant industry fund................ 1,127,499............................................................................. 1,157,212
For the support of the veterinary medical services.. 412,713............................................................................. 425,059
Sec. 43. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board ............................................................................. 15,320 16,320
Sec. 44. State Predatory Animal and Rodent Control Committee.
For the support of the state predatory animal and rodent control committee........................................................... 256,431............................................................................. 266,120
Sec. 45. High School Rodeo Association.
For the support of the high school rodeo association ............................................................................. 10,000 10,000
Sec. 46. Mining Cooperative Fund.
For the support of the mining cooperative fund....... 205,000............................................................................. 210,000
Sec. 47. Department of Data Processing:
For the support of the division of planning and research ............................................................................. 123,696 ............
Sec. 48. Department of Motor Vehicles.
For the support of the office of traffic safety............ 21,356............................................................................. 19,933
For the support of the highway patrol (law enforcement) ............................................................................. 255,536 195,300
For the support of the drivers license division........ 1,567,895............................................................................. 1,562,830
For the support of the investigation division............ 1,475,911............................................................................. 1,541,978
For the support of the peace officers standards and training program............................................................... 124,367............................................................................. 128,729
κ1981 Statutes of Nevada, Page 1728 (CHAPTER 709, AB 709)κ
1981-82 1982-83
Sec. 49. State Board of Examiners.
For the costs associated with the sale of general obligation bonds ............................................................................. $40,000 ............
Sec. 50. Group Insurance Committee.
For the support of the group insurance committee.. 1,500............................................................................. $1,500
Sec. 51. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund..................................................................... 2,071,062............................................................................. 2,385,720
Sec. 52. Nevada Athletic Commission.
For the support of the Nevada athletic commission. 128,280............................................................................. 128,584
Sec. 53. The following sums are hereby appropriated from the state highway fund for the purposes hereinafter expressed for the fiscal years beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983.
Attorney General: Administrative fund...................... 258,306............................................................................. 260,339
Department of taxation.................................................. 80,736............................................................................. 80,736
Department of motor vehicles
Directors office....................................................... 489,387....................................................................... 491,636
Administrative services.......................................... 2,218,030....................................................................... 2,463,452
Automation.............................................................. 1,590,065....................................................................... 1,694,178
Law Enforcement, highway patrol........................ 4,995,181....................................................................... 5,086,817
Motor carrier............................................................ 1,841,559....................................................................... 1,894,262
Registration.............................................................. 2,687,151....................................................................... 2,783,105
Public service commission............................................ 337,621............................................................................. 367,248
Sec. 54. The following sums are hereby appropriated from the state insurance fund for the purpose hereinafter expressed for the fiscal years beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982 and ending June 30, 1983.
For the support of the state industrial attorney........ 262,044............................................................................. 284,362
κ1981 Statutes of Nevada, Page 1729 (CHAPTER 709, AB 709)κ
1981-82 1982-83
For the support of the department of administrations hearings division............................................................... $583,608............................................................................. $601,995
Sec. 55. The following sums are hereby appropriated from the wildlife account in the state general fund for the purpose hereinafter expressed for the fiscal years beginning July 1, 1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983.
For the support of the state predatory animal and rodent control committee........................................................... 20,000............................................................................. 20,000
Sec. 56. Notwithstanding any contrary provision of Assembly Bill No. 247 of this session, there is hereby appropriated from the account for alcohol and drug abuse in the department of human resources gift fund for the support of the alcohol unit of the Nevada mental health institute:
For the fiscal year beginning July 1, 1981.............................................. $221,589
For the fiscal year beginning July 1, 1982.............................................. 230,156
or the proceeds of the increase of the tax on liquor imposed by Assembly Bill No. 247, whichever is less.
Sec. 57. 1. Except as provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the two separate fiscal years, 1981-82 and 1982-83, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the State Budget Act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 58. The sums appropriated to:
1. Senior citizens property tax assistance (section 12);
2. Renewable revenue tax allowance (section 12);
3. Care of handicapped children (section 23);
4. Forest fire suppression (section 38);
5. National guard benefits (section 32);
6. Tuberculosis control (section 31);
κ1981 Statutes of Nevada, Page 1730 (CHAPTER 709, AB 709)κ
7. Maternal, child, school and special childrens services (section 31);
8. Child welfare services (section 31);
9. Consolidated bond interest and redemption fund (section 51), are available for both fiscal years 1981-82 and 1982-83, and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 59. The sums appropriated to the legislative fund by section 17 for the support of the legislative commission and the various divisions of the legislative counsel bureau are available for both fiscal years 1981-82 and 1982-83, and may be transferred among the legislative commission and the various divisions of the legislative counsel bureau and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 60. The sums appropriated by section 2 of this act for agencies out-of-state travel may not be used for public officers and employees whose salaries are paid by the appropriations made to the office of the governor, the office of the lieutenant governor, the office of the state treasurer, the office of the secretary of state, and the office of the state controller, or any officers or employees of the judicial or legislative departments. Also, allocations may be made only to support the out-of-state travel of employees whose salaries are wholly or partially supported by the state general fund.
Sec. 61. The total amount appropriated by section 31 of this act for the welfare divisions food stamp program is a limit. The division shall not request additional money for this program.
Sec. 62. The sums appropriated to the department of prisons by section 33 of this act may be transferred among the various budget accounts of the Nevada state prison with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 63. Sums appropriated to the Tahoe regional planning agency by section 38 of this act may be transferred to the agency only after the State of California has appropriated funds for the support of the agency as required by the provisions of the Tahoe Regional Planning Compact. Funds from Nevada to support the agency are appropriated on the basis of one-third from the State of Nevada and two-thirds from the State of California.
Sec. 64. 1. Unencumbered balances of the appropriations made in this act for the fiscal years 1981-82 and 1982-83 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any unencumbered balance of the appropriations made to the legislative fund by section 17 do not revert to the general fund but constitute a balance carried forward.
Sec. 65. The interim finance committee shall not make any allocation to the University of Nevada System from the appropriations made by section 26 of this act for the support of professional salary increases in the University of Nevada System until the board of regents has put into effect a standard of workload for the faculty that provides for an average of twelve credit hours of instruction for each faculty member and the interim finance committee has approved this standard.
κ1981 Statutes of Nevada, Page 1731 (CHAPTER 709, AB 709)κ
in the University of Nevada System until the board of regents has put into effect a standard of workload for the faculty that provides for an average of twelve credit hours of instruction for each faculty member and the interim finance committee has approved this standard.
Sec. 66. There is hereby appropriated the sum of $25,000 from the general fund in the state treasury for the 1981-83 biennium to the Office of the Governor for refurbishment at the Governors Mansion. Any remaining balance of the appropriation made by this section 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. 67. There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $5,237,000.
Sec. 68. For the fiscal year ending June 30, 1981, there is hereby appropriated from the state general fund:
1. The sum of $36,105 for the support of the supreme court of Nevada as an additional and supplemental appropriation to that allowed and made by section 18 of chapter 695, Statutes of Nevada 1979.
2. The sum of $251,138 for the support of the legislative counsel bureau as an additional and supplemental appropriation to that allowed and made by section 17 of chapter 695, Statutes of Nevada 1979.
3. The sum of $11,621 to the public employees retirement board to be expended for the administration of the legislators retirement system.
4. The sum of $1,500 to the public employees retirement board to reimburse the board for expenses it incurred in performing actuarial evaluations of the district court judges and supreme court justices retirement system.
Sec. 69. This section and sections 67 and 68 of this act shall become effective upon passage and approval. The remaining sections shall become effective on July 1, 1981.
__________
Assembly Bill No. 710Committee on Ways and Means
CHAPTER 710
AN ACT relating to public schools; apportioning the state distributive school fund for the biennium 1981-1983; making appropriation; authorizing certain expenditures; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The basic support guarantee per pupil for the respective school districts of the state for the fiscal year shown is:
κ1981 Statutes of Nevada, Page 1732 (CHAPTER 710, AB 710)κ
1981-82 1982-83
Carson City School District.................................................. $1,657 $1,846
Churchill County School District......................................... 1,618 1,810
Clark County School District................................................ 1,601 1,788
Douglas County School District.......................................... 1,557 1,742
Elko County School District................................................. 1,786 1,960
Esmeralda County School District....................................... 3,110 3,701
Eureka County School District............................................. 2,488 2,866
Humboldt County School District....................................... 1,722 1,810
Lander County School District............................................ 1,608 1,815
Lincoln County School District........................................... 2,390 2,691
Lyon County School District............................................... 1,934 2,155
Mineral County School District........................................... 1,750 2,125
Nye County School District................................................. 1,681 1,893
Pershing County School District......................................... 1,883 2,135
Storey County School District............................................. 2,978 3,448
Washoe County School District.......................................... 1,579 1,763
White Pine County School District..................................... 2,166 2,371
Sec. 2. 1. The basic support guarantee for each special education program unit maintained and operated for at least 9 months of a school year is $19,500 except as limited by NRS 387.122 and subsection 2 of this section.
2. The maximum number and amount of basic support for special education program units within each of the several school districts in the state before any reallocation, pursuant to NRS 387.122 are:
κ1981 Statutes of Nevada, Page 1733 (CHAPTER 710, AB 710)κ
|
|
1981-82 |
1982-83 |
||
|
|
Units |
Amount |
Units |
Amount |
|
Carson City School District................................................................. ................................................................................................................. |
30 |
$585,000 |
31 |
$604,500 |
|
Churchill County School District........................................................ |
14 |
273,000 |
15 |
292,500 |
|
Clark County School District............................................................... |
465 |
9,067,500 |
489 |
9,535,500 |
|
Douglas County School District......................................................... |
18 |
351,000 |
19 |
370,500 |
|
Elko County School District................................................................ |
22 |
429,000 |
23 |
448,500 |
|
Esmeralda County School District...................................................... |
2 |
39,000 |
2 |
39,000 |
|
Eureka County School District............................................................ |
2 |
39,000 |
2 |
39,000 |
|
Humboldt County School District...................................................... |
12 |
234,000 |
12 |
234,000 |
|
Lander County School District........................................................... |
6 |
117,000 |
7 |
136,500 |
|
Lincoln County School District.......................................................... |
7 |
136,500 |
7 |
136,500 |
|
Lyon County School District.............................................................. |
14 |
273,000 |
15 |
292,500 |
|
Mineral County School District.......................................................... |
7 |
136,500 |
7 |
136,500 |
|
Nye County School District................................................................ |
12 |
234,000 |
13 |
253,500 |
|
Pershing County School District........................................................ |
4 |
78,000 |
4 |
78,000 |
|
Storey County School District............................................................ |
2 |
39,000 |
2 |
39,000 |
|
Washoe County School District......................................................... |
164 |
3,198,000 |
172 |
3,354,000 |
|
White Pine County School District.................................................... |
9 |
175,500 |
10 |
195,000 |
|
Subtotal.................................................................................................. |
790 |
$15,405,000 |
830 |
$16,185,000 |
|
Reserved by State Board of Education.............................................. |
15 |
292,500 |
25 |
487,500 |
|
Total........................................................................................................ |
805 |
$15,697,500 |
855 |
$16,672,500 |
κ1981 Statutes of Nevada, Page 1734 (CHAPTER 710, AB 710)κ
3. The state board of education shall reserve 15 special education program units for fiscal year 1981-82, and 25 special education units for fiscal year 1982-83, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for that fiscal year. These needs must be evaluated by the department of education.
Sec. 3. 1. There is hereby appropriated from the state general fund to the state distributive school fund created pursuant to NRS 387.030:
For the fiscal year 1981-82............................................................ $124,412,326
For the fiscal year 1982-83............................................................ 146,473,833
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate fiscal years, 1981-82 and 1982-83, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
3. Transfers to and from allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
4. Notwithstanding any other provisions of this act, the sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
5. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1981-82, must be transferred and added to the money appropriated for the fiscal year 1982-83 and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1982-83, including any money added thereto pursuant to the provisions of subsection 5, 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. 4. 1. Expenditure of $33,002,860 by the department of education from the state distributive school fund from money not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1981, and ending June 30, 1982.
2. Expenditure of $37,022,642 by the department of education from the state distributive school fund from money not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1982, and ending June 30, 1983.
3. For accounting and reporting purposes the sums authorized for expenditure in subsections 1 and 2 are considered to be expended before any general fund appropriation made to the state distributive school fund.
4. The money authorized to be expended by the provisions of subsections 1 and 2 must be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
κ1981 Statutes of Nevada, Page 1735 (CHAPTER 710, AB 710)κ
made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
5. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the department of education, in subsections 1 and 2, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 5. The state board of education, upon the approval of the state board of examiners, may make distributions to a maximum of:
For the fiscal year 1981-82............................................................ $3,326,912
For the fiscal year 1982-83............................................................ $4,326,912
from the state distributive school fund to school districts under the following conditions:
1. Entitlement of the school districts to federal money under Public Law 874 of the 81st Congress, or its equivalent replacement, is less for either fiscal year than such entitlement was for fiscal year 1980-81.
2. The distribution of money authorized in this section, when added to the actual entitlement of federal money under Public Law 874, or its equivalent replacement, cannot exceed in either year the entitlement to federal money under Public Law 874 for fiscal year 1980-81.
3. If the total of eligible distributions as determined in subsection 2 exceeds $3,326,912 for fiscal year 1981-82 or $4,326,912 for fiscal year 1982-83, actual distributions will be prorated for each district in the same ratio as its 1980-81 entitlement for payment bears to the total entitlements of all county school districts for 1980-81.
4. The department of education shall report its findings of entitlements of county school districts and their eligibilities for distributions pursuant to this section and shall make recommendations to the state board of examiners for making distributions to eligible county school districts.
5. The state board of examiners shall review the report and recommendations of the department of education, and upon finding money available in the state distributive school fund may authorize the department of education to make distributions of all or part of the amounts recommended.
6. Money received by a school district under this authorization may be expended only for one or more of the purposes provided under NRS 387.205.
Sec. 6. Of the sums appropriated from the state general fund in section 3 of this act, up to $330,000 in fiscal year 1981-82 and up to $330,000 in fiscal year 1982-83 may be used to meet the states matching requirement under the Child Nutrition Act.
__________
κ1981 Statutes of Nevada, Page 1736κ
Senate Bill No. 588Committee on Transportation
CHAPTER 711
AN ACT relating to vehicle registration; increasing the additional fee for registration of a motor vehicle which is accounted for in the highway patrol special fund; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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] a registration fee 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
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.
κ1981 Statutes of Nevada, Page 1737 (CHAPTER 711, SB 588)κ
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] $4 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 is $12.
Sec. 2. Section 23 of Senate Bill No. 477 of the 61st session of the Nevada legislature is hereby amended to read as follows:
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, a registration fee 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 1738 (CHAPTER 711, SB 588)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 $4 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. 3. This act shall become effective at 12:01 a.m. on July 1, 1981.
__________
Senate Bill No. 597Committee on Government Affairs
CHAPTER 712
AN ACT relating to elections; making various changes; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any political party for [such county shall] that county must be in proportion to the number of registered voters of that party residing in such precinct as follows:
Counties with fewer than 400 registered voters. In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct [shall have] is entitled to one delegate for each five [such] registered voters.
κ1981 Statutes of Nevada, Page 1739 (CHAPTER 712, SB 597)κ
400, each precinct [shall have] is entitled to one delegate for each five [such] registered voters.
Counties with 400-600 registered voters. In counties in which [such] the total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct [shall have] is entitled to one delegate for each eight [such] registered voters.
Counties with 600-800 registered voters. In counties in which [such] the total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct [shall have] is entitled to one delegate for each 10 [such] registered voters.
Counties with 800-1,400 registered voters. In counties in which [such] the total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct [shall have] is entitled to one delegate for each 15 [such] registered voters.
Counties with 1,400-2,000 registered voters. In counties in which [such] the total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct [shall have] is entitled to one delegate for each 20 [such] registered voters or major fraction of such number.
Counties with 2,000-3,000 registered voters. In counties in which [such] the total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct [shall have] is entitled to one delegate for each 30 [such] registered voters or major fraction of such number.
Counties with 3,000-4,000 registered voters. In counties in which [such] the total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct [shall have] is entitled to one delegate for each 35 [such] registered voters or major fraction of such number.
Counties with more than 4,000 registered voters. In counties in which [such] the total number of registered voters of that party has exceeded 4,000, each precinct [shall have] is entitled to one delegate for each 50 [such] registered voters or major fraction of such number.
2. The county clerk shall determine the number of registered voters of each party in each precinct as of the 1st Monday in January of each year in which a convention is held, and shall notify the secretary of state and the county central committee of each political party of such numbers within 30 days after [such] the determinative date.
3. In all counties every precinct [shall be] is entitled to at least one delegate to each county convention.
Sec. 2. NRS 293.243 is hereby amended to read as follows:
293.243 1. An absent ballot central counting board consists of election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
2. The county clerks deputies who perform duties in connection with elections shall be considered officers of the absent ballot central counting board.
3. When requested by the county clerk, the sheriff shall appoint a deputy sheriff to keep order during such counting boards counting of the absent ballot votes.
κ1981 Statutes of Nevada, Page 1740 (CHAPTER 712, SB 597)κ
4. The counting of votes on the absent [ballot votes shall] ballots and mailing precinct ballots must be in public.
5. Such a counting board [shall be] is under the direction of the county clerk.
6. Members of the absent ballot central counting board shall begin the performance of their duties as soon as the polls close, and shall continue in session until all the votes cast on absent voters ballots are counted.
Sec. 3. NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as provided in [subsections 2 and 3] subsection 2 and NRS 293.305, at all elections held under the provisions of this Title, the polls [shall open at 8 a.m.] must open at 7 a.m. and close at 7 p.m.
2. [In counties where a punchcard voting system or other system in which ballots are counted by an electronic computer or tabulator is used, the polls shall open at 7 a.m. and close at 7 p.m.
3.] Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes [shall] must begin and continue without unnecessary delay until the count is completed.
[4.] 3. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
[5.] 4. No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary [for the purpose of keeping] to keep order and [carrying] carry out the provisions of this Title.
Sec. 4. NRS 293.391 is hereby amended to read as follows:
293.391 1. The voted ballots, rejects ballots, spoiled ballots, tally lists, pollbooks, challenge lists and stubs of the ballots used, enclosed and sealed, [shall,] must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved for at least 60 days. If a statement of contest has been filed, the affected ballots must be preserved for 2 years.
2. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners [shall be] are subject to the inspection of any elector who may wish to examine [the same] them at any time after their deposit with the county clerk.
3. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1, except the ballots.
4. The ballots deposited with the county clerk [shall not be] are not subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom [such] the election is being contested [.] , or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.
Sec. 5. NRS 293.400 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1741 (CHAPTER 712, SB 597)κ
293.400 1. If, after the completion of the canvass of the returns of any election, two or more persons receive an equal [and the highest] number of votes, [the winner shall] which is sufficient for the election of one or more but fewer than all of them to the office, the person or persons elected must be determined as follows:
(a) [For] In a general election for United States Senator, member of Congress, district or state office, the legislature shall, by joint vote of both houses, elect one of [such] those persons to fill the office.
(b) In a primary election for United States Senator, member of Congress, district or state office, the secretary of state shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and he shall determine the tie by lot. If the tie vote is for the office of secretary of state, the governor shall perform these duties.
(c) For any office of a county, township, incorporated city, city organized under a special charter where [such] the charter is silent as to determination of a tie vote, or district which is wholly located within one county, the county clerk shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and determine the tie lot. If the tie vote is for the office of county clerk, the board of county commissioners shall perform [the above] these duties.
2. The summons mentioned in this section [shall in every case] must be mailed to the address of the candidate as it appears upon his [affidavit of registration] declaration of candidacy at least 5 days before the day fixed for the determination of the tie vote and [shall] must contain the time and place where [such] the determination will take place.
3. The right to a recount [provided in NRS 293.403 shall extend to both] extends to all candidates in case of a tie.
Sec. 6. NRS 293.407 is hereby amended to read as follows:
293.407 1. A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate, except for the office of United States Senator or Representative in Congress.
2. Except where the contest involves the general election for the office of governor, lieutenant governor, assemblyman, state senator or justice of the supreme court, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, [shall,] must, within the time prescribed in NRS 293.413, file with the clerk of the district court a written statement of contest, setting forth:
(a) The name of the contestant and that he is a registered voter of the political subdivision in which the election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
κ1981 Statutes of Nevada, Page 1742 (CHAPTER 712, SB 597)κ
4. All material regarding a contest filed by a contestant with the clerk of the district court must be filed in triplicate.
Sec. 7. NRS 293.425 is hereby amended to read as follows:
293.425 1. If the contest is of the general election for the office of assemblyman or state senator, a statement of contest, prepared as provided in NRS 293.407, and all depositions, ballots and other documents relating to the contest [shall] must be filed with the secretary of state within the time provided for the filing of statements of contests with the clerk of the district court.
2. When a statement of contest is filed with the secretary of state he shall immediately notify the governor, who shall withhold issuing a certificate of election. If the governor has issued a certificate of election prior to receipt of notice from the secretary of state [such] the certificate is void.
Sec. 8. NRS 293.427 is hereby amended to read as follows:
293.427 1. The secretary of state shall deliver the statement of contest and all other documents to the presiding officer of the house of the legislature to which the candidates were declared to be elected on [or before the second day after] the day of the organization of the legislature.
2. If, before the contest has been decided, a contestant gives written notice to the secretary of state that he wishes to withdraw his statement of contest, the secretary of state shall dismiss the contest.
3. The contest [shall] , if not dismissed, must be heard and decided as prescribed by the standing or special rules of the house in which the contest is to be tried.
[3.] 4. A certificate of election [shall] must be executed by the governor and delivered to the person declared elected by the house.
Sec. 9. NRS 293.430 is hereby amended to read as follows:
293.430 1. If the contest is of the general election for the office of governor, lieutenant governor or justice of the supreme court, the statement of contest and all depositions, ballots and other documents relating to [such contest shall] the contest must be filed with the secretary of state within the time provided for filing statements of contests with the clerk of the district court.
2. The secretary of state shall deliver the statement of contest and all other papers and documents to the speaker of the assembly on [or before the second day after] the day of the organization of the legislature.
3. A joint session of both houses [shall] must be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of the statement of contest.
4. If, before the contest has been decided, a contestant gives written notice to the secretary of state that he wishes to withdraw his statement of contest, the secretary of state shall dismiss the contest.
Sec. 10. Chapter 293B of NRS is hereby amended by adding thereto a new section which shall read as follows:
Election board means the persons appointed by each county clerk to assist in the conduct of an election.
Sec. 11. NRS 293B.010 is hereby amended to read as follows:
293B.010 As used in this chapter, the words and terms defined in NRS 293B.015 to 293B.040, inclusive, and section 10 of this act, have the meanings ascribed to them in those sections.
κ1981 Statutes of Nevada, Page 1743 (CHAPTER 712, SB 597)κ
NRS 293B.015 to 293B.040, inclusive, and section 10 of this act, have the meanings ascribed to them in those sections.
Sec. 12. NRS 293B.155 is hereby amended to read as follows:
293B.155 1. The tests prescribed by NRS 293B.150 and 293B.165 [shall] must be conducted by processing a preaudited group of logic and accuracy test ballots so punched or marked as to record a predetermined number of valid votes for each candidate and on each measure, and [shall] must include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes.
2. If any error is detected, the cause therefor [shall] must be ascertained and corrected and an errorless count [shall] must be made before the automatic tabulating equipment and programs are approved.
3. When satisfied with the accuracy of the computer program, the accuracy certification board and the clerk shall date and sign all reports, seal the program, the reports, and all test material in an appropriate container. The container [shall] must be kept [in a] sealed [condition] by the clerk.
4. The contents of such a sealed container are not subject to the inspection of anyone except in the case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 218.043 is hereby amended to read as follows:
218.043 [1.] Where a vacancy occurs in the office of state senator or assemblyman during a regular or special session of the legislature or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the procedure for filling the vacancy is as follows:
1. Where the senator or assemblyman was elected from a district wholly within one county, the board of county commissioners of the county from which the former incumbent was elected shall appoint a person of the same political party as the former incumbent to fill the vacancy.
2. Where the former incumbent was elected from a district comprising more than one county, [the appointment must be made by a joint board composed of all] the county commissioners of each county within or partly within the district [,] shall meet to appoint a person of the same political party as the former incumbent to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then the boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce.
κ1981 Statutes of Nevada, Page 1744 (CHAPTER 712, SB 597)κ
the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, [of the joint board,] the boards of county commissioners of the respective counties shall each select a candidate, and the appointee must be chosen by drawing lots among the candidates so selected.
3. The board of county commissioners or the [joint board,] board of the county which has the largest population within the district, as the case may be, shall issue a certificate of appointment naming [its] the appointee. The county clerk or the clerk of the county which has the largest population within the district, as the case may be, shall give the certificate to the appointee and send a copy of the certificate to the secretary of state.
__________
Senate Bill No. 606Committee on Government Affairs
CHAPTER 713
AN ACT relating to state employees; providing for certain payment for unused sick leave upon any termination of an employee through no fault of his own; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 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 be 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, his termination through no fault of his own 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 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.
κ1981 Statutes of Nevada, Page 1745 (CHAPTER 713, SB 606)κ
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 regulations 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. If, after notice to the employee and a hearing, the commission determines that [an employee] he 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] his accrued sick leave. [of the employee.]
Sec. 2. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.
__________
Senate Bill No. 613Committee on Government Affairs
CHAPTER 714
AN ACT relating to state employees; providing for payment for leave which would otherwise be lost under certain conditions; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as provided in [subsection 2,] subsections 2 and 3, an employee in the public service, whether in the classified or unclassified service, is entitle to annual leave with pay of 1 1/4 working days for each month of continuous public service. 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. 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 except that if an employee:
κ1981 Statutes of Nevada, Page 1746 (CHAPTER 714, SB 613)κ
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 except that if an employee:
(a) On or before October 15, requests permission to take annual leave; and
(b) His request for leave is denied in writing for any reason,
he is entitled to payment for any annual leave in excess of 30 working days which he requested to take and which he would otherwise forfeit as the results of the denial of his request. The payment for the employees unused annual leave must be made to him with his first compensation after January 1.
3. 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.] 4. No elected state officer may be paid for accumulated annual leave upon termination of his service.
[4.] 5. 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.
[5.] 6. 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. 2. Section 1 of this act shall become effective at 12:02 a.m. on July 1, 1981.
__________
Senate Bill No. 634Committee on Commerce and Labor
CHAPTER 715
AN ACT relating to contractors; providing for notice to the contractors board of an action on the bond of a contractor; requiring the board to give notice to other claimants of an action on a bond or against the board for a cash deposit; providing expressly for interpleader and notice thereof; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 624.273 is hereby amended to read as follows:
624.273 1. Each bond or deposit required by NRS 624.270 [shall] must be in favor of the State of Nevada for the benefit of any person who:
(a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform [such] the contract or to remove liens filed against [such] the property;
(b) As an employee of the contractor performed labor on or about the site of the construction covered by the contract;
(c) As a supplier or materialman furnished materials or equipment for the construction covered by the contract; or
κ1981 Statutes of Nevada, Page 1747 (CHAPTER 715, SB 634)κ
(d) Is injured by any unlawful act or omission of the contractor in the performance of a contract.
2. Any [such] person claiming against the bond or cash deposit may bring an action in a court of competent jurisdiction on the bond or against the board on the cash deposit for the amount of damage he has suffered to the extent covered by the bond or cash deposit. A person who brings action on a bond must notify the board in writing upon filing the action. No action may be commenced on the bond or deposit after the expiration of 2 years following the commission of the act on which the action is based.
3. Upon receiving a request from a person for whose benefit a bond or deposit is required, the board shall notify him:
(a) That a bond is in effect or that a deposit has been made, and the amount of either;
(b) That there is an action against a bond, if that is the case, and the title, court and case number of the action and the amount sought by the plaintiff; and
(c) That there is an action against the board, if that is the case, and the amount sought by the plaintiff.
4. If a surety, or in the case of a cash deposit, the board, desires to make payment without awaiting court action the amount of the bond or cash deposit [shall] must be reduced to the extent of any payment made by the surety or the board in good faith under the bond or cash deposit. Any [such payment shall] payment must be based on written claims received by the surety or board prior to court action.
5. The surety or the board may bring an action for interpleader against all claimants upon the bond or deposit. If it does so, it must publish notice of the action at least one time each week for 2 weeks in every issue of a newspaper of general circulation in the county where the contractor has his principal place of business. The surety or the board is entitled to deduct its costs of the action, including attorneys fees and publication, from its liability under the bond or from the deposit.
[4.] 6. A claim of any employee of the contractor for labor [shall be] is a preferred claim against [such] a bond or cash deposit. If any bond or cash deposit is insufficient to pay all claims for labor in full, the sum recovered [shall] must be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of [such claims shall not be considered as] claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
[5.] 7. Claims, other than labor claims, against a bond or deposit [shall] have equal priority, except where otherwise provided by law, and if the bond or deposit is insufficient to pay all [such] of those claims in full, they [shall] must be paid pro rata. Partial payment of [such claims shall not be considered as] claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
__________
κ1981 Statutes of Nevada, Page 1748κ
Senate Bill No. 644Committee on Human Resources and Facilities
CHAPTER 716
AN ACT relating to retarded persons; revising the procedure for allocating money from the community training center fund; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 435.240 is hereby amended to read as follows:
435.240 1. All applications for a certificate of qualification which have been approved by the administrator must be reviewed by the board for approval or rejection.
2. If an application is rejected by the administrator, he shall notify the applicant in writing of the rejection, setting out the reasons therefor.
3. Within 30 days after the administrator mails the notice of rejection of the application, the applicant may appeal the rejection to the board. The board shall review the application and the reasons for its denial and may receive evidence, documentary or testimony, to aid it in its decision. Thereafter, the board shall issue its decision rejecting the application or remanding the application to the administrator for approval. The decision of the board is final.
4. No new applicants may be certified if the certification brings the average support per enrollee below [$400 per quarter] the amount specified in the budget for the community training center fund as approved by the most recent session of the legislature for those centers that are already certified.
Sec. 2. NRS 435.290 is hereby amended to read as follows:
435.290 1. A center holding a certificate of qualification from the division is entitled to aid from the community training center fund in [amounts not less than the amounts allocable under this section.
2. Except as provided in subsection 5, each center in the state is entitled to not less than:
(a) Four hundred dollars per enrollee per quarter; or
(b) Sixteen thousand dollars per year if the center maintains a minimum of five enrollees per quarter and its staff and operating expenses are at least $16,000 per year,] the amount, within the limits of legislative appropriations, specified in the budget for the community training center fund as approved by the most recent session of the legislature:
(a) Per enrollee;
(b) For centers entitled to the minimal allotment, if the center maintains five or more enrollees and its staff and operating expenses are equal to or greater than the amount allocated; or
(c) For centers entitled to the minimal allotment on a pro rata basis per enrollee, if the center maintains four or less enrollees and its staff and operating expenses are equal to or greater than the amount allocated,
whichever is greater.
[3.] 2. The division, [in its discretion,] upon approval of the board, may grant aid from the community training center fund to help in establishing new centers.
κ1981 Statutes of Nevada, Page 1749 (CHAPTER 716, SB 644)κ
establishing new centers. This aid in the aggregate must not exceed one-fourth of the money available in the fund for the year in which it is given.
[4. Except as provided in subsection 5, after] 3. After providing for the allocations authorized in subsections [2 and 3,] 1 and 2, the division shall allocate any other money available in the fund to the qualified centers according to the programs offered by each center and the number of enrollees in each program. The division shall determine the relative weight to be given to these factors.
[5. The amount of money which a center is entitled to receive per enrollee per quarter or per year must not exceed the amount specified in the budget for the community training center fund as approved by the most recent session of the legislature.]
__________
Senate Bill No. 648Committee on Finance
CHAPTER 717
AN ACT relating to state officers and employees; specifying allowances for meals and lodging; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as provided in subsection 2 or otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public [funds,] money, whether the public [funds are funds] money is money received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, he is entitled to be paid [up to $40] $47.50 for each 24-hour period during which he is away from the office and within the state, and [up to $17] $21 in addition to the reasonable room rate for each 24-hour period during which he is outside the state.
2. Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Any person enumerated in subsection 1 is entitled to receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation [shall] must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is [19] 24 cents per mile traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is [10] 12 cents per mile traveled.
κ1981 Statutes of Nevada, Page 1750 (CHAPTER 717, SB 648)κ
in transaction of state business, the allowance for travel is [10] 12 cents per mile traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or without the municipality or other area in which his principal office is located. The allowance [shall] must be established:
(a) At rates higher than the rates established in subsection 3.
(b) Except as provided in paragraph (c), at a rate of not more than [20] 30 cents per mile traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of not more than 12 cents per mile traveled.
5. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.
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Senate Bill No. 654Committee on Judiciary
CHAPTER 718
AN ACT relating to termination of parental rights; revising provisions governing the grounds and procedures therefor; eliminating provisions for temporary orders terminating parental rights; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 128 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Case plan means:
1. A written agreement between the parents of a child who is a ward of the juvenile court pursuant to chapter 62 of NRS and the agency having custody of the child; or
2. Written conditions and obligations imposed upon the parents directly by the juvenile court,
which have a primary objective of reuniting the family or, if the parents neglect or refuse to comply with the terms and conditions of the case plan, freeing the child for adoption.
Sec. 3. Child means a person under the age of 18 years.
Sec. 4. 1. Injury to a childs health or welfare occurs when the parent, guardian or custodian:
(a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;
κ1981 Statutes of Nevada, Page 1751 (CHAPTER 718, SB 654)κ
(b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 200.5011;
(c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he is financially able to do so or has been offered financial or other reasonable means to do so; or
(d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of the welfare division of the department of human resources or a county agency authorized by the juvenile court to receive and investigate reports of child abuse and neglect pursuant to NRS 200.504, or of the court itself.
2. A childs health or welfare is not considered injured solely because his parent or guardian, in the practice of his religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this state.
Sec. 5. Mental injury means an injury to the intellectual or psychological capacity of a child as evidenced by an observable and substantial impairment in his ability to function within his normal range of performance and behavior.
Sec. 6. In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:
1. Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time.
2. Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.
3. Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.
4. Repeated or continuous failure by the parent or parents, although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for his physical, mental and emotional health and development, but a person who, legitimately practicing his religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.
5. Conviction of the parent or parents for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent or parents to provide adequate care and control to the extent necessary for the childs physical, mental or emotional health and development.
6. Unexplained injury or death of a sibling of the child.
7. Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.
Sec. 7. If a child is not in the physical custody of the parent or parents, the court, in determining whether parental rights should be terminated, shall consider, without limitation:
κ1981 Statutes of Nevada, Page 1752 (CHAPTER 718, SB 654)κ
1. The services provided or offered to the parent or parents to facilitate a reunion with the child.
2. The physical, mental or emotional condition and needs of the child and his desires regarding the termination, if the court determines he is of sufficient capacity to express his desires.
3. The effort the parent or parents have made to adjust their circumstances, conduct or conditions to make it in the childs best interest to return him to his home after a reasonable length of time, including but not limited to:
(a) The payment of a reasonable portion of substitute physical care and maintenance, if financially able;
(b) The maintenance of regular visitation or other contact with the child which was designed and carried out in a plan to reunite the child with the parent or parents; and
(c) The maintenance of regular contact and communication with the custodian of the child.
4. Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent or parents within a predictable period of time.
For purposes of this section, the court shall disregard incidental contributions, contacts and communications.
Sec. 8. If a child is in the custody of a public or private agency and has been placed and resides in a foster home and the custodial agency institutes proceedings pursuant to this chapter regarding the child, with an ultimate goal of having the childs foster parent or parents adopt him, the court shall consider whether the child has become integrated into the foster family to the extent that his familial identity is with that family, and whether the foster family is able and willing permanently to treat the child as a member of the family. The court shall consider, without limitation:
1. The love, affection and other emotional ties existing between the child and the parents, and the childs ties with the foster family.
2. The capacity and disposition of the childs parents from whom the child was removed as compared with that of the foster family to give the child love, affection and guidance and to continue the education of the child.
3. The capacity and disposition of the parents from whom the child was removed as compared with that of the foster family to provide the child with food, clothing and medical care and to meet other physical, mental and emotional needs of the child.
4. The length of time the child has lived in a stable, satisfactory foster home and the desirability of his continuing to live in that environment.
5. The permanence as a family unit of the foster family.
6. The moral fitness, physical and mental health of the parents from whom the child was removed as compared with that of the foster family.
7. The experiences of the child in the home, school and community, both when with the parents from whom he was removed and when with the foster family.
8. Any other factor considered by the court to be relevant to a particular placement of the child.
Sec. 9. NRS 128.005 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1753 (CHAPTER 718, SB 654)κ
128.005 1. The legislature declares that the preservation and strengthening of family life is part of the public policy of this state.
2. The legislature finds that:
(a) Severance of the parent and child relationship is a matter of such importance in order to safeguard the rights of parent and child as to require judicial determination [; and] .
(b) Judicial selection of the person or agency to be entrusted with the custody and control of a child after such severance promotes the welfare of the parties and of this state.
(c) The continuing needs of a child for proper physical, mental and emotional growth and development are the decisive considerations in proceedings for termination of parental rights.
Sec. 10. NRS 128.010 is hereby amended to read as follows:
128.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 11. NRS 128.012 is hereby amended to read as follows:
128.012 1. Abandonment of a child [imports] means any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child. [, and]
2. If a parent or parents of a child [who] leave the child in the care and custody of another without provision for his support and without communication for a period of 6 months, or if the child is left under such circumstances that the identity of the parents is unknown and cannot be ascertained despite diligent searching, and the parents do not come forward to claim the child within 3 months after he is found, the parent or parents are presumed to have intended to abandon the child.
Sec. 12. NRS 128.014 is hereby amended to read as follows:
128.014 Neglected child [is] includes a child:
1. Who lacks the proper parental care by reason of the fault or habits of his parent, guardian or custodian;
2. Whose parent, guardian or custodian neglects or refuses to provide proper or necessary subsistence, education, medical or surgical care, or other care necessary for his health, morals or well-being;
3. Whose parent, guardian or custodian neglects or refuses to provide the special care made necessary by his physical or mental condition;
4. Who is found in a disreputable place, or who is permitted to associate with vagrants or vicious or immoral persons; or
5. Who engages or is in a situation dangerous to life or limb, or injurious to health or morals of himself or others,
and the parents neglect need not be willful.
Sec. 13. NRS 128.018 is hereby amended to read as follows:
128.018 Unfit parent is any parent of a child who, by reason of his fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. [, or who knowingly permits such child to associate with vagrants, vicious or immoral persons, or to live in a disreputable place.]
Sec. 14. NRS 128.020 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1754 (CHAPTER 718, SB 654)κ
128.020 The district courts have jurisdiction in all cases and proceedings under this chapter. The jurisdiction of the district courts extends to any [person] child who should be declared free from the custody and control of either or both of his parents. [The words person who should be declared free from the custody and control of either or both of his parents, include any person under the age of 18 years, who has been abandoned or neglected by either or both his parents, is a child of an unfit parent or parents, or whose mother has been abandoned by his father or putative father, as those terms are defined in this chapter, if the fact of such abandonment, parental unfitness or neglect has not been judicially established by a court of competent jurisdiction.]
Sec. 15. NRS 128.030 is hereby amended to read as follows:
128.030 A petition alleging that there is or resides within the county a child who [has been abandoned by his parent or parents, or neglected by either parent, is a child of an unfit parent or parents or whose mother has been abandoned by his father or putative father, and that such child] should be declared free from the custody and control of his parent or parents [; and praying that the district court deal with such person as provided in this chapter,] may be filed at the election of the petitioner in:
1. The county in which [such person] the child is found;
2. The county in which the acts complained of occurred; or
3. The county in which the [person] child resides.
Sec. 16. NRS 128.050 is hereby amended to read as follows:
128.050 1. The proceedings [shall] must be entitled, In the matter of the parental rights as to ......................, a minor.
2. A petition [shall] must be verified and may be upon information and belief. It [shall] must be set forth plainly:
(a) The facts which bring the child within the purview of this chapter.
(b) The name, age and residence of the child.
(c) The names and residences of his parents.
(d) The name and residence of the person or persons having physical custody or control of the child.
(e) The name and residence of his legal guardian, if there be one.
(f) The name and residence of the childs nearest known relative [to the child,] residing within the state, if no parent or guardian can be found.
3. If any of the facts required by subsection 2 are not known by the petitioner, the petition [shall] must so state.
4. If the petitioner is a mother filing with respect to her unborn child, the petition [shall] must so state and [shall] must contain the name and residence of the father or putative father, if known.
Sec. 17. NRS 128.090 is hereby amended to read as follows:
128.090 1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition. [and]
2. The proceedings are civil in nature and are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts and shall give full and careful consideration [of] to all the evidence presented, with due regard to the rights and claims of the parent or parents of [such person] the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of [such minor person.]
κ1981 Statutes of Nevada, Page 1755 (CHAPTER 718, SB 654)κ
all ties of blood or affection, but with a dominant purpose of serving the best interests of [such minor person.] the child.
3. The standard of proof to be adduced in the proceedings is a preponderance of the evidence.
4. Information contained in a report filed pursuant to NRS 200.501 to 200.509, inclusive, may not be excluded from the proceeding by the invoking of any privilege.
5. In the event of postponement, all persons served, who are not present or represented in court at the time of [such] the postponement, [shall] must be notified thereof [by the clerk by registered or certified mail.] in the manner provided by the Nevada Rules of Civil Procedure.
Sec. 18. NRS 128.100 is hereby amended to read as follows:
128.100 1. In any [such] proceeding [the judge may appoint an attorney to act on behalf of such minor person, or on behalf of the petitioner.] for terminating parental rights, or any rehearing or appeal thereon, the court may appoint an attorney to represent the child as his counsel and guardian ad litem.
2. If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.
3. Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 for attorneys appointed to represent persons charged with crimes.
Sec. 19. NRS 128.105 is hereby amended to read as follows:
128.105 [1. A finding by the court of any one of the following:
(a)] An order of the court for termination of parental rights may be made on the grounds that the termination is in the childs best interest in light of the considerations set forth in this section and sections 6 to 8, inclusive, of this act:
1. Abandonment of [a] the child;
[(b)] 2. Neglect of [a] the child; [or
(c)] 3. Unfitness of [a] the parent; [,
is sufficient ground for termination of parental rights.
2. Upon a finding by the court that a parent or parents have made only]
4. Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
5. Only token efforts [:] by the parent or parents:
(a) To support or communicate with the child;
(b) To prevent neglect of the child; [or]
(c) To avoid being an unfit parent; [,
the court may declare the child abandoned or neglected or the parent unfit.
3. A finding by the court that a mother has been abandoned is sufficient ground for]
(d) To eliminate the risk of serious physical, mental or emotional injury to the child; or
6. With respect to termination of the [fathers] parental rights [.] of one parent, the abandonment by that parent.
Sec. 20. NRS 128.110 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1756 (CHAPTER 718, SB 654)κ
128.110 Whenever the procedure described in this chapter has been followed, and upon [making the] finding [required by] grounds for termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a [temporary or final] written order, signed by the judge presiding in [such] the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to [such minor person,] the child, and declaring [such person] the child to be free from such custody or control, and placing [those rights] custody and control in some person or agency qualified by the laws of this state to provide services and care to children, or to receive any children for placement. [Whenever a temporary order is made, the court shall retain jurisdiction of the matter and may thereafter, and upon such notice as shall be required by the court, hear further evidence and may enter any order which could have been made on the completion of the original hearing.]
Sec. 21. NRS 128.120 is hereby amended to read as follows:
128.120 Any [final] order made and entered by the court under the provisions of NRS 128.110 [shall be] is conclusive and binding upon the person declared to be free from custody and control of his parent or parents, and upon all other persons who have been served with notice by publication or otherwise, as provided by this chapter. After the making of [such final] the order, the court [shall have] has no power to set aside, change or modify [the same;] it, but nothing in this chapter [shall be construed to impair] impairs the right of appeal.
__________
Senate Bill No. 662Committee on Government Affairs
CHAPTER 719
AN ACT relating to local government finances; making various changes to accounting procedures; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Activity means a specific and distinguishable kind of work performed by one or more components of a governmental unit to accomplish a function for which the governmental unit is responsible.
Sec. 3. Expense means any charge incurred, whether paid or unpaid, for operation, maintenance or interest or any other charge which is presumed to provide benefit in the current fiscal period.
Sec. 4. Function means a group of related activities aimed at accomplishing a major service or regulatory program for which a governmental unit is responsible, such as general government, public safety, public works, health, welfare, culture and recreation, conservation of natural resources, urban redevelopment and housing, economic development and assistance or economic opportunity.
κ1981 Statutes of Nevada, Page 1757 (CHAPTER 719, SB 662)κ
natural resources, urban redevelopment and housing, economic development and assistance or economic opportunity.
Sec. 5. Fund balance means the excess of assets over liabilities and reserves in a governmental fund.
Sec. 6. General long-term debt means debt which is legally payable from general revenues and is backed by the full faith and credit of a governmental unit. The term includes debt represented by local government securities issued pursuant to chapter 350 of NRS and debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive.
Sec. 7. Object means, as used in the classification of expenditures, an article purchased or a service obtained, distinguished from the results derived from the expenditure, for example, personal services, contractual services, materials or supplies.
Sec. 8. NRS 354.280 is hereby amended to read as follows:
354.280 [1.] The county treasurer shall:
[(a)] 1. Keep a complete record of the source and amount of all receipts, apportionments to, payments from, and balances in all funds; [and separate accounts established under NRS 354.603;] and
[(b)] 2. Submit to the board of county commissioners [, at its first regular meeting] each month [,] at any regular or special meeting a statement containing the information required in [paragraph (a)] subsection 1 for the previous month, giving the balance in each county, state and special fund, [and separate accounts established under NRS 354.603, the total amount in all school district funds, and the total thereof at the close of business on the last day of each month,] together with a statement of all [moneys] money on deposit, outstanding checks against [the same,] that money and cash on hand.
[2. The statement shall be supported by certified statements from each county depositary showing the amount on deposit to the credit of the county treasurer on such date and by certified statements from any board which has established a separate account under the provisions of NRS 354.603, showing the amount on deposit in such account on such date and shall be subscribed and sworn to before the county auditor before being submitted to the board of county commissioners.
3. This section shall be considered mandatory, and any county treasurer failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.]
Sec. 9. NRS 354.290 is hereby amended to read as follows:
354.290 1. The county auditor of each county shall:
(a) Audit all apportionments made by the county treasurer.
(b) Keep a complete record of all such apportionments to and disbursements from funds [and separate accounts] established under NRS [354.603.] 354.604.
(c) Keep accounts showing the amount revenue received from each of the various sources, the amount of expenditures of the various departments and the object of [such] the expenditures.
2. At [the first] a regular meeting of the board of county commissioners in October, January, April and [July,] September, the county auditor shall submit to the board a statement containing the information required by subsection 1 in such detail as may be required, but [such statement shall,] the statement must, in any event, show the amount of outstanding warrants against and the available balance in each county, state and special fund, [and separate account established under NRS 354.603, the total amount in all school district funds, and the total thereof,] together with an analysis of [receipts and disbursements] revenues and expenditures for the previous quarter by account and fund.
κ1981 Statutes of Nevada, Page 1758 (CHAPTER 719, SB 662)κ
outstanding warrants against and the available balance in each county, state and special fund, [and separate account established under NRS 354.603, the total amount in all school district funds, and the total thereof,] together with an analysis of [receipts and disbursements] revenues and expenditures for the previous quarter by account and fund. [Such analysis shall] The analysis must use the same accounts and funds as were used in the budget adopted by the board of county commissioners for the applicable fiscal year and [shall] must be so organized as to relate directly to [such] that budget.
3. This section [shall be considered] is mandatory, and any county auditor failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.
Sec. 10. NRS 354.450 is hereby amended to read as follows:
354.450 1. After short-term financing has been authorized as provided in NRS 354.430 and if, in the judgment of the governing board of the political subdivision, the fiscal affairs of the political subdivision can be carried on without impairment and there is sufficiency money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of the political subdivision, the governing board [is authorized to] may transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, money sufficient to meet the purpose of the short-term financing.
2. When such a transfer is made, the governing board of the political subdivision shall comply with the provisions of NRS 354.460, and when the special tax is thereafter collected the amount so collected [shall] must be placed immediately in the fund from which the loan was made.
3. In cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the executive director of the department of taxation is or will not be needed for the purposes of the fund in the ordinary course of events, [then] the special tax need not be levied, collected and placed in the fund from which the loan was made, but [such] the transfer shall be deemed refunded for all purposes of NRS 354.430 to 354.460, inclusive.
[4. Interest accounts come within the jurisdiction of the Nevada tax commission and may be approved or disapproved, in whole or in part, by it.]
Sec. 11. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, [and] sections 2 to 8, inclusive, of [this act,] chapter 150, Statutes of Nevada 1981, and sections 2 to 7, inclusive, of this act, may be cited as the Local Government Budget Act.
Sec. 12. NRS 354.472 is hereby amended to read as follows:
354.472 1. The purposes of NRS 354.470 to 354.626, inclusive, are:
(a) To establish standard methods and procedures for the preparation, presentation, adoption, administration and appraisal of budgets of all local governments.
(b) To enable local governments to make financial plans for programs of both current and capital [expenditure programs] expenditures and to formulate fiscal policies to accomplish these programs.
κ1981 Statutes of Nevada, Page 1759 (CHAPTER 719, SB 662)κ
(c) To provide for estimation and determination of revenues, expenditures and tax levies.
(d) To provide for the control of revenues, [and] expenditures and expenses in order to promote prudence and efficiency in the expenditure of public [funds.] money.
(e) To enable local governments to borrow money to meet emergency expenditures [.] or expenses.
(f) To provide specific methods enabling the public, taxpayers and investors to be apprised of the financial preparations, plans, policies and administration of all local governments.
2. For the accomplishment of these purposes the provisions of NRS 354.470 to 354.626, inclusive, [shall] must be broadly and liberally construed.
Sec. 13. NRS 354.475 is hereby amended to read as follows:
354.475 1. All special districts subject to the provisions of the Local Government Budget Act with annual total expenditures of less than $30,000 may petition the department of taxation for exemption from the requirements of the Local Government Budget Act for the filing of certain budget documents, quarterly reports and audit reports. Such districts may further petition to return to a cash method of accounting. The minimum required of such districts [will be] is the filing with the department of taxation of an annual budget on or before March 15 of each year. Such petitions must be received by the department of taxation [prior to] before December 31 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year. A board of county commissioners may request the department of taxation to [have an] audit [conducted of] the financial records of such an exempt district.
2. Such districts [shall be] are exempt from all publication requirements of the Local Government Budget Act, except that the department of taxation by regulation shall require an annual publication of a notice of budget adoption and filing. The department of taxation shall adopt regulations [necessary to promulgate this section] pursuant to NRS 354.594 [.] which are necessary to carry out the purposes of this section.
3. The revenue recorded in accounts which are kept on a cash basis must consist of cash items.
4. As used in this section, cash basis means the system of accounting under which revenues are recorded only when received and expenditures or expenses are recorded only when paid.
Sec. 14. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to [354.582, inclusive, shall] 354.580, inclusive, have the meanings ascribed to them in [NRS 354.478 to 354.582, inclusive.] those sections.
Sec. 15. NRS 354.478 is hereby amended to read as follows:
354.478 Account means a [formal record of a particular type of a transaction expressed in money.] systematic arrangement of items, showing the effect of transactions on a specific asset, liability or equity.
Sec. 16. NRS 354.479 is hereby amended to read as follows:
354.479 Accrual basis means the basis of accounting under which [Rev. 2/27/2019 1:02:38 PM]
κ1981 Statutes of Nevada, Page 1760 (CHAPTER 719, SB 662)κ
[revenues are recorded when earned and] expenditures or expenses are recorded as soon as they result in liabilities for benefits received [, notwithstanding] and revenues are recorded when earned, despite the possibility that the receipt of the revenue or the payment [of the expenditure] for the expense may take place, in whole or in part, in another accounting period.
Sec. 17. NRS 354.480 is hereby amended to read as follows:
354.480 [Allowance for] Accumulated depreciation means the [accumulation of periodical] total of periodic credits made to record the reduction in the [value] estimated service life of fixed assets. [as a result of depreciation.]
Sec. 18. NRS 354.484 is hereby amended to read as follows:
354.484 Assets means [the entire] property [of a governmental function for which a fund was established.] which:
1. Is owned by a government unit; and
2. Has a monetary value.
Sec. 19. NRS 354.486 is hereby amended to read as follows:
354.486 Audit means the examination and analysis of accounting procedures and other evidence made in conformity with generally accepted auditing standards for one or more of the following purposes:
1. Determining the propriety, legality and mathematical accuracy of [proposed or consummated] financial transactions;
2. Ascertaining whether all financial transactions have been recorded;
3. [Determining whether transactions are accurately reflected in the accounts and in the statements drawn therefrom] Ascertaining whether the financial statements prepared from the accounting records fairly present the financial position and the results of financial operations of the constituent and balanced account groups of the governmental unit in accordance with generally accepted accounting principles [applicable in the circumstances;] and on a basis which is consistent with that of the preceding year;
4. Determining whether the handling of the public money is adequately protected by [adequate] internal accounting controls;
5. Determining whether the fiscal controls established by law and administrative [rules and] regulations are being properly applied;
6. Determining whether there is any evidence that fraud or dishonesty has occurred in the handling of funds or property; and
7. Determining whether the acquisition and disposition of property and equipment are [properly] accounted for [and detailing any evidence that property and equipment are improperly disposed of or used.] in accordance with generally accepted accounting principles.
Sec. 20. NRS 354.488 is hereby amended to read as follows:
354.488 Balance sheet means a statement [ordinarily prepared from books kept by double entry showing assets and other resources, liabilities and other obligations, and surplus] which sets forth the assets, liabilities and equity of a fund or governmental unit [at] as of a specified date, properly classified and described to [exhibit] show the financial position of the fund or unit [at] on that date.
Sec. 21. NRS 354.492 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1761 (CHAPTER 719, SB 662)κ
354.492 Budget means a plan of financial operation embodying an estimate of proposed expenditures and expenses for a given period [or purpose] and the proposed means of financing [the estimated expenditures.] them.
Sec. 22. NRS 354.493 is hereby amended to read as follows:
354.493 Budget augmentation is a procedure for increasing appropriations of a fund with the express intent of employing previously unbudgeted resources of the fund for [the implementation of such] carrying out the increased appropriations.
Sec. 23. NRS 354.498 is hereby amended to read as follows:
354.498 Capital projects fund means a fund created to account for all resources used for the acquisition or construction of designated fixed assets by a governmental unit except those financed by special [assets and enterprise] assessment, proprietary or trust funds.
Sec. 24. (Deleted by amendment.)
Sec. 25. NRS 354.506 is hereby amended to read as follows:
354.506 Contingency account means an account showing assets or other resources [set aside] which have been appropriated to provide for unforeseen expenditures or anticipated expenditures of an uncertain amount.
Sec. 26. NRS 354.510 is hereby amended to read as follows:
354.510 Debt [service] service fund means a fund to account for the accumulation of resources for and the payment of principal or interest on [obligations of the local government.] any general long-term debt.
Sec. 27. NRS 354.514 is hereby amended to read as follows:
354.514 Depreciation means:
1. [Expiration of] The expiration of the service life of fixed assets attributable to wear and tear through use and lapse of time, obsolescence, inadequacy or other physical or functional cause.
2. [The portion of the cost of a fixed asset charged as an expense during the particular period.] An element of expense resulting from the use of assets having a long service life.
Sec. 28. NRS 354.516 is hereby amended to read as follows:
354.516 Encumbrances means [obligations in the form of purchase orders, contracts or other commitments which are chargeable to an appropriation and for which a part of the appropriation is reserved.] commitments related to unperformed contracts for goods or services, the accounting for which is used to ensure effective budgetary control and accountability and to promote effective cash planning and control. For reporting purposes, encumbrances outstanding at a years end represent the estimated amount of the expenditure ultimately to result if the unperformed contracts existing at the years end are performed. Encumbrances outstanding at a years end do not constitute expenditures or liabilities.
Sec. 29. NRS 354.517 is hereby amended to read as follows:
354.517 Enterprise fund means a fund established to [finance and] account for [the acquisition, operation and maintenance of governmental facilities and services which are entirely or predominately self-supported by user charges such as, and without limitation by enumeration, water, gas, sewer and electric utilities, swimming pools, airports, parking garages and transit systems.] operations:
κ1981 Statutes of Nevada, Page 1762 (CHAPTER 719, SB 662)κ
1. Which are financed and conducted in a manner similar to the operations of private business enterprises, where the intent of the governing body is to have the expenses (including depreciation) of providing goods or services on a continuing basis to the general public, financed or recovered primarily through charges to the users; or
2. For which the governing body has decided that a periodic determination of revenues earned, expenses incurred and net income is consistent with public policy and is appropriate for capital maintenance, management control, accountability or other purposes.
Sec. 30. NRS 354.518 is hereby amended to read as follows:
354.518 Estimated revenue means the amount of [revenues] revenue estimated to be collected or accrued during a given period.
Sec. 31. NRS 354.520 is hereby amended to read as follows:
354.520 1. Expenditure means:
[1.] (a) If accounts are kept on the accrual basis or the modified accrual basis, [total charges incurred whether paid or unpaid, for current expenses, capital outlay and debt service.
2.] the costs of goods delivered or services rendered, whether paid or unpaid, any provision for retirement of debt which is not reported as a liability of the fund from which the debt is retired, and any capital outlays.
(b) If accounts are kept on the cash basis, [actual] only cash disbursements for [these purposes (encumbrances] the purposes listed in paragraph (a).
2. Encumbrances are not considered [expenditures).] expenditures.
Sec. 32. NRS 354.522 is hereby amended to read as follows:
354.522 [Expense] Expenditure adjustment means reduction of an expenditure by such things [, without limitation by enumeration,] as resale of supplies, refunds, rebates and collections for loss or damage to public property.
Sec. 33. NRS 354.530 is hereby amended to read as follows:
354.530 Fund means a fiscal and accounting entity having a self-balancing [group] set of accounts, [including assets, liabilities, surplus, income and expenses.] recording cash and other financial resources together with all related liabilities and residual equities or balances, or changes therein, which are segregated for the purpose of carrying on [a] specific [function] activities or attaining certain objectives in accordance with [law,] specific regulations, restrictions or limitations. [and constituting an independent fiscal and accounting entity.]
Sec. 34. NRS 354.534 is hereby amended to read as follows:
354.534 General fund means the fund [that is available for any legally authorized purpose and which is therefore used to account for all revenues and all activities not provided for in other funds. The general fund is used to finance the ordinary operations of a governmental unit.] used to account for all financial resources except those required to be accounted for in another fund.
Sec. 35. NRS 354.543 is hereby amended to read as follows:
354.543 [Intergovernmental] Internal service fund means a fund [established to finance and account for services and commodities] used to account for the financing of goods or services furnished by a designated department or agency to governmental units within its own organization or to other departments [and agencies within a single governmental unit.
κ1981 Statutes of Nevada, Page 1763 (CHAPTER 719, SB 662)κ
department or agency to governmental units within its own organization or to other departments [and agencies within a single governmental unit. Amounts expended by the fund are restored thereto either by operating earnings or by transfers from other funds so that the original fund capital is kept intact.] or agencies on the basis of reimbursement for costs.
Sec. 36. NRS 354.548 is hereby amended to read as follows:
354.548 Liabilities means, for the purpose of financial reporting, debts or other legal obligations arising out of transactions in the past which must be liquidated [,] or refunded at some future date.
Sec. 37. NRS 354.550 is hereby amended to read as follows:
354.550 Modified accrual basis means the basis of accounting under which expenditures other than accrued interest on general long-term debt are recorded at the time liabilities are incurred and revenues are recorded when [received in cash, except for material or available revenues, or both, which should be accrued to reflect properly the taxes levied and other revenues earned.] they become measurable and available to finance expenditures of the fiscal period.
Sec. 38. NRS 354.560 is hereby amended to read as follows:
354.560 Reserve means [an account which records] , in accounting and reporting of government funds, a portion of the fund balance which [must be] is not appropriable for expenditures or is segregated by law or contract for [some] a specific future use. [and which is, therefore, not available for further appropriation or expenditure.]
Sec. 39. NRS 354.562 is hereby amended to read as follows:
354.562 1. Revenue means the gross increase in ownership equity during a designated period. [of time.]
2. If the accounts are kept on an accrual basis, this term designates:
(a) Additions to assets which do not increase any liability [, nor] or represent the recovery of an [expenditure;] expenditure or contributions of fund capital in proprietary funds; and
(b) The cancellation of liabilities without a corresponding increase in other liabilities or a decrease in assets.
3. If the accounts are kept on the modified accrual basis, the additions must be measurable and available to finance expenditures of the fiscal period. [If the accounts are kept on a cash basis, the additions must consist of cash items.]
Sec. 40. NRS 354.570 is hereby amended to read as follows:
354.570 Special revenue fund means a fund used to account for [revenues from] specific [taxes or other earmarked] revenue sources [which by law are designated to finance particular functions or activities of government. After the fund is established it is usually continued year after year until discontinued or revised by proper legislative authority.] , other than special assessments, expendable trusts, or sources for major capital projects, which are restricted by law to expenditure for specified purposes.
Sec. 41. NRS 354.580 is hereby amended to read as follows:
354.580 Trust and agency fund means a fund [consisting of resources received and held by the local government as trustee to be expended or invested in accordance with the conditions of the trust.] used to account for assets held by a governmental unit as a trustee or an agent for persons, private organizations, other governmental units, other funds or any combination of them.
κ1981 Statutes of Nevada, Page 1764 (CHAPTER 719, SB 662)κ
agent for persons, private organizations, other governmental units, other funds or any combination of them. The term includes an expendable trust fund, a nonexpendable trust fund or a pension trust fund.
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 354.603 is hereby amended to read as follows:
354.603 Notwithstanding any other provisions of law: [, in counties with a population of less than 100,000:]
1. The board of trustees of any county school district or the board of hospital trustees of any county hospital may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal Savings and Loan Insurance Corporation for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:
(a) The board of trustees of the county school district or the board of hospital trustees of the county hospital adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.
(b) The board of trustees of the county school district or the board of hospital trustees of the county sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.
(c) The board of trustees of the county school district or the board of hospital trustees of the county hospital submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the department of education. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.
2. The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of two funds:
(a) The county school district fund; and
(b) The county school district building and sites fund.
3. The separate account established by the board of county hospital trustees is designated the county hospital fund.
4. No expenditures from either account may be made in excess of the balance of the account.
5. Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.
6. The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of [funds] money in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law.
κ1981 Statutes of Nevada, Page 1765 (CHAPTER 719, SB 662)κ
separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district or the board of hospital trustees of the county hospital is entitled to a hearing before the board of county commissioners.
Sec. 44. NRS 354.604 is hereby amended to read as follows:
354.604 Each local government shall maintain, according to its own needs: [, the following funds as defined by NRS 354.470 to 354.626, inclusive:
1. A general fund.
2. A fund for each utility or enterprise, except that if more than one utility such as a water system and a sanitary sewer system are operated as a combined or consolidated system one fund bearing a combination title may be established.
3. Self-supporting special activity funds.
4. A special assessment fund for each special improvement district established or administered by the governing body.
5. Debt service funds, which shall be established to provide for the retirement of general obligation bonds, short-term financing and payment of interest thereon.
6. Intergovernmental service fund.
7. Capital projects funds, as required, which shall be established to account for the application of proceeds from the sale of bonds to the specific purposes for which they are authorized.
8. Trust and agency funds for the purpose of accounting for money and property received and held by the local government as trustee or custodian, or in the capacity of an agent, for certain individuals or other governmental units.
9. Special revenue funds.
10. Such other funds as may be required by law or the needs of the local government.]
1. The following kinds of governmental funds:
(a) General fund;
(b) Special revenue fund;
(c) Capital projects fund;
(d) Debt service fund; and
(e) Special assessment fund.
2. The following kinds of proprietary funds:
(a) Enterprise fund; and
(b) Internal service fund.
3. Trust and agency funds.
4. The following kinds of account groups:
(a) General fixed assets; and
(b) General long-term debt.
Sec. 45. NRS 354.606 is hereby amended to read as follows:
354.606 1. Whenever such an action does not increase the total appropriation for any fiscal year and is not in conflict with other statutory provisions, the budget appropriations may be transferred between accounts in the following manner:
(a) The person designated to administer the budget for a local government may transfer appropriations within [governmental functions as defined by NRS 354.538,] any function or program or between functions or programs within a fund, if:
κ1981 Statutes of Nevada, Page 1766 (CHAPTER 719, SB 662)κ
defined by NRS 354.538,] any function or program or between functions or programs within a fund, if:
(1) The governing body is advised of [such] the action at the next regular meeting; and
(2) [Such] The action is recorded in the official minutes of [such] the meeting.
(b) Upon recommendation of the person designated to administer the budget, the governing body may authorize the transfer of appropriations between [governmental functions and between] funds [,] or from the contingency account, if:
(1) The governing body announces [publicly at a regular meeting its intention to] the transfer of appropriations at a regular meeting and sets forth the exact amounts to be transferred and the accounts, functions, programs and funds affected;
(2) [The transfer is made at the next regular meeting, without change in the amounts, accounts, functions and funds so announced;
(3)] The governing body sets forth its reasons for the transfer; and
[(4) Such] (3) The action is recorded in the official minutes of [such meetings.
(c) The governing board may authorize the transfer of appropriations from the contingency account as provided in NRS 354.608 by resolution adopted at any regular meeting.] the meeting.
2. Nothing in NRS 354.470 to 354.626, inclusive, [shall preclude] precludes the amendment of a budget by increasing the total appropriation for any fiscal year to include a grant-in-aid, gift or bequest [from a private donor] to a local unit of government which is required to be used for a specific purpose as a condition of the grant. Acceptance of such a grant and agreement to the terms imposed by the granting agency or person [shall constitute] constitutes an appropriation to the purpose specified.
Sec. 46. NRS 354.608 is hereby amended to read as follows:
354.608 [The governing body of any local government may establish and maintain for each fiscal year a] A contingency account [not to exceed 3 percent of the total general fund budget.] may be established in any governmental fund. The maximum amount which may be appropriated for such a contingency account is 3 percent of the money otherwise appropriated to the fund, exclusive of any amounts to be transferred to other funds. No expenditure [shall] may be made directly from such a contingency account, except as a transfer to the appropriate [fund or] account, and then only in accordance with the procedure established in NRS 354.606.
Sec. 47. NRS 354.610 is hereby amended to read as follows:
354.610 1. A local government may establish by resolution one or more enterprise funds. [, for any self-supporting operation which it is authorized by law to operate.] The resolution establishing the fund [shall] must set forth in detail: [the following:]
(a) The object or purpose of the fund.
(b) The statutory authorization to conduct the operation.
(c) The source or sources to be used to finance the operation and the statutory authority to levy charges and fees for the operation.
κ1981 Statutes of Nevada, Page 1767 (CHAPTER 719, SB 662)κ
(d) The method for controlling [expenditures] expenses and revenues of the fund.
[(e) The method for controlling reserves, depreciation allowances and surpluses.
2. No expenditures from an enterprise fund shall be made in excess of the balance of such fund.
3.] 2. Each enterprise fund [shall support all expenditures] must account for all expenses properly related to the purpose of the fund, including but not limited to debt service, capital outlay and operating expenses. No [surplus] transfer of equity that may be made available to other funds or functions may be declared in an enterprise fund until after all proper [expenditures] obligations have been [encumbered against such] charged against the fund.
Sec. 48. NRS 354.612 is hereby amended to read as follows:
354.612 1. A local government may establish by resolution one or more [intergovernmental] internal service funds. The resolution establishing the fund [shall] must set forth in detail: [the following:]
(a) The object or purpose of the fund;
(b) The resources to be used to establish the fund;
(c) The source or sources from which the fund [shall] will be replenished; and
(d) The method for controlling [expenditures] expenses and revenues of the fund. [; and
(e) The method for controlling reserves, depreciation allowances and surpluses.
2. No expenditures from intergovernmental service funds shall be made in excess of the balance of such funds nor for a purpose for which there is no source of reimbursement established.
3. Reimbursement payments to intergovernmental service funds shall be sufficient to pay all costs of the operation of the intergovernmental service funds.]
2. In establishing an internal service fund, a local government shall, besides furnishing working capital for the fund, provide that one of if its financial objectives is to recover the complete costs of operation of the activity being financed, including overhead, without producing any significant amount of profit in the long run.
Sec. 49. NRS 354.6145 is hereby amended to read as follows:
354.6145 The governing body of any local government may [, by ordinance, establish a] establish an expendable trust fund in which contributions of employees and the governing body are placed to provide for group life, accident and health benefits on a self-insured basis.
Sec. 50. NRS 354.615 is hereby amended to read as follows:
354.615 1. If anticipated resources actually available during a budget period exceed those estimated, a local government may augment a budget in the manner provided below:
(a) If it is desired to augment the appropriations of [an appropriation fund,] a fund to which ad valorem taxes are allocated as a source of revenue, the governing body shall, by majority vote all the members of the governing body, adopt a resolution reciting the appropriations to be augmented, and the nature of the [unbudgeted] unanticipated resources intended to be used for the augmentation.
κ1981 Statutes of Nevada, Page 1768 (CHAPTER 719, SB 662)κ
(b) Before the adoption of the resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation in the county for at least one publication. No vote may be taken upon the resolution until [10] 3 days after the publication of the notice.
(c) If it is desired to augment the budget of any other fund, the governing body shall adopt, by majority vote of all members of the governing body, a resolution providing therefor at a regular meeting of the body.
2. A budget augmentation becomes effective upon delivery to the department of taxation of [a certified] an executed copy of the resolution providing therefor.
Sec. 51. NRS 354.622 is hereby amended to read as follows:
354.622 [1. Until June 30, 1972, the business of every local government, except those enumerated in subsection 2, shall be transacted upon a cash, accrual or modified accrual basis as defined as NRS 354.470 to 354.626, inclusive, at the option of the local governing body, with the approval of the department of taxation. Change from one system of accounting to another shall require the approval of the department of taxation.
2. Business of those districts organized pursuant to NRS 318.140 and 318.144 shall be transacted upon an accrual basis as defined in NRS 354.470 to 354.626, inclusive.
3. After June 30, 1972, the business of every local government, except those enumerated in subsection 2 shall be transacted upon an accrual or modified accrual basis as the department of taxation may by regulation prescribe.] The business of a local government which is recorded in a:
1. Governmental fund, expendable trust fund or agency fund, as provided in subsections 1 and 3 of NRS 354.604 must be accounted for on a modified accrual basis.
2. Proprietary fund or nonexpendable trust fund, as provided in subsections 2 and 3 of NRS 354.604 must be accounted for on an accrual basis.
Sec. 52. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all funds and separate accounts in banks or savings and loan associations, established under NRS 354.603, of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit must be concluded and the audit report submitted to the governing body as provided in subsection 4 not later than 5 months [from] after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for [such] an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause such an audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.
2. The governing body may, without requiring competitive bids, designate the [accountant] auditor or firm annually.
κ1981 Statutes of Nevada, Page 1769 (CHAPTER 719, SB 662)κ
designate the [accountant] auditor or firm annually. The [accountant] auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.
3. Each annual audit must cover the business of the local government during the full fiscal year. It must be a [comprehensive audit of the affairs of the local government,] financial audit conducted in accordance with generally accepted auditing standards, including comment on [the balance sheets accounts, results of operations,] compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion [as to the adequacy of the financial presentation.] on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit report must compare operations of the local government with the approved budget and include a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have reports have been acted upon by adoption as recommended, adoption with modifications or rejection.
4. The recommendation and the summary of the narrative comments [of] contained in the audit report must be read in full at a meeting of the governing body held not more than [15] 30 days after the report is submitted to it. Immediately thereafter, the entire audit report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The department of taxation; and
(d) In the case of school districts, the department of education.
5. The governing body shall act upon the audit recommendations within 6 months following receipt of the audit report, except as prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.
Sec. 53. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency [shall,] may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
κ1981 Statutes of Nevada, Page 1770 (CHAPTER 719, SB 662)κ
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility services such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works, funds for which have been provided by the proceeds of a sale of bonds or short-term financing. [Unappropriated surplus funds shall not] Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person, firm or corporation solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available [to] for inspection by any person on demand.
(h) Long-term contracts for the furnishing of television broadcast translator signals as authorized by NRS 269.127.
Sec. 54. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
1. Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of [their] its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
2. Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
3. Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund.
κ1981 Statutes of Nevada, Page 1771 (CHAPTER 719, SB 662)κ
maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as a trust and agency fund as defined by NRS 354.580. The trust funds must be deposited in a state or national bank authorized to transact business in the State of Nevada. The trust instrument must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state.
4. Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The funds for contributions [shall] must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
Sec. 55. NRS 387.170 is hereby amended to read as follows:
387.170 1. There is hereby created in each county treasury a fund to be designated as the county school district fund, except as otherwise provided in subsection 2.
2. [In counties with a population of less than 100,000, all] All money received by the county treasurer under the provisions of NRS 387.175 may be transferred to a separate account established and administered by the board of trustees of the county school district under the provisions of NRS 354.603.
Sec. 56. NRS 450.250 is hereby amended to read as follows:
450.250 1. The board of hospital trustees [have] has the exclusive control of:
(a) The expenditures of all money collected to the credit of the hospital fund.
(b) The purchase of the site or sites.
(c) The purchase or construction of any hospital building or buildings.
(d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.
2. With the approval of the board of county commissioners, the board of hospital trustees may lease buildings for medical purposes or for purposes of related health care activities.
3. All money received for the hospital must be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after their approval by the county auditor, except [as provided in subsection 4.
4. All] that all money received for a hospital [which is located in a county having a population of less than 100,000] may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.
Sec. 57. NRS 354.4795, 354.490, 354.494, 354.500, 354.502, 354.504, 354.508, 354.512, 354.532, 354.538, 354.544, 354.546, 354.552, 354.554, 354.556, 354.568, 354.572, 354.582 and 354.614 are hereby repealed.
κ1981 Statutes of Nevada, Page 1772 (CHAPTER 719, SB 662)κ
354.554, 354.556, 354.568, 354.572, 354.582 and 354.614 are hereby repealed.
Sec. 58. Sections 11, 43, 50, 52, 55 and 56 of this act shall become effective at 12:01 a.m. on July 1, 1981.
__________
Senate Bill No. 664Committee on Natural Resources
CHAPTER 720
AN ACT relating to state lands; authorizing the state land registrar to exchange certain real property near Nevada youth training center; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state land registrar pay exchange, on behalf of the state, real property within the S½ of the SWΌ of section 36 in T. 35 N., R. 55 E., M.D.B. & M., for and having a value equal to the real property more particularly described as:
That parcel of land consisting of 41.40 acres, more or less, within the NWΌ of the SEΌ of section 36 in T. 35 N., R. 55 E., M.D.B. & M.
Sec. 2. This act shall become effective upon passage and approval.
__________
Senate Bill No. 683Committee on Finance
CHAPTER 721
AN ACT to amend an act entitled An Act authorizing the state land register to exchange or sell certain state real property situated in Washoe County upon direction by the director of the department of human resources; and providing other matters properly relating thereto, approved May 6, 1975.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 350, Statutes of Nevada 1975, at page 498, is hereby amended to read as follows:
Sec. 2. The real property described in subsection 1 may be sold or exchanged subject to the following conditions:
1. The real property shall first be appraised by a competent appraiser and his appraisal shall be approved by the director of the department of human resources.
2. If the real property is to be exchanged, it may be exchanged only for real property of substantially equivalent value or real property and money.
κ1981 Statutes of Nevada, Page 1773 (CHAPTER 721, SB 683)κ
3. If the real property is to be sold, the sale must be conducted by public auction or sealed bids. Proceeds will be utilized for the purchase of a site for the childrens behavioral services in Washoe County or for capital improvement at the Nevada mental health institute. Any remaining balance of the proceeds from such a sale 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.
__________
Senate Bill No. 685Committee on Finance
CHAPTER 722
AN ACT making an appropriation to the state public works board for planning prisons; and providing other matters properly relating thereto.
[Approved June 14, 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 public works board the sum of $150,000 for planning prisons.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the planning is completed, and the balance reverts to the state general fund as soon as all payments of money committed have been made.
__________
Senate Bill No. 687Committee on Taxation
CHAPTER 723
AN ACT relating to taxation; providing for the distribution of certain taxes from projects for the generation and transmission of electricity; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall account separately for all taxes and any fees, interest and penalties collected under the City-County Relief Tax Law, and all payments made in lieu of taxes under that law, which relate to the construction or operation of a project for the generation, transmission or distribution of electricity, or to any other electrical facilities, whose construction is commenced on or after January 1, 1982. For the purposes of this section, commencement of construction has the meaning ascribed to it in NRS 704.840.
κ1981 Statutes of Nevada, Page 1774 (CHAPTER 723, SB 687)κ
2. Except as otherwise provided in this subsection, those collections and payments which relate to the construction of such a project must be paid over to the county in which the project is located and to each city in that county, in proportion to the respective populations of each city and the unincorporated area of the county. If it determines that more than one county will undergo a substantial increase in the need for public services as the result of the construction, the department of taxation shall, subject to the approval of the interim legislative committee on local governmental finance, first apportion the collections and payments among those counties according to the respective increases in need for public services as so determined, and then distribute them within each county as provided in the preceding sentence.
3. Those collections and payments which relate to the operation of the project must be apportioned:
(a) Ten percent to the county in which the project is located; and
(b) The remainder among all counties of the state in proportion to their respective populations.
Money so apportioned to each county must be paid over to the county and to each city therein according to the respective populations of each city and the unincorporated area of the county.
4. The legislature finds and declares that the distributions of the city-county relief tax required by subsections 2 and 3 respectively take fairly into account:
(a) The additional burden put upon the public services during the construction of such a project;
(b) The location of the consumption in this state which gives rise to the revenues resulting from its operation; and
(c) The effect which facilities for the generation of electric power have both upon their immediate vicinity and upon the natural resources which belong to all the people of the state.
Sec. 2. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which [shall] must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. [Such] This valuation must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections [3 and 4,] 3, 4 and 5, the foregoing must be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit basis, and the number of miles apportioned to any county [shall be] are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
κ1981 Statutes of Nevada, Page 1775 (CHAPTER 723, SB 687)κ
counties, and apportion the mileage upon a mile-unit basis, and the number of miles apportioned to any county [shall be] are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
3. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
4. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominately for use outside Nevada to each other operation unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
5. Before establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission must first segregate the value of all property under construction whose construction was commenced on or after January 1, 1982, and which is not yet put to use. This value must be assessed and taxed in the county where it is located, at the same rate as other property. The legislature finds and declares that this segregation fairly reflects the additional burden put upon the public services of the county during its construction. For the purposes of this section, commencement of construction has the meaning ascribed to it in NRS 704.840.
[5.] 6. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
κ1981 Statutes of Nevada, Page 1776 (CHAPTER 723, SB 687)κ
formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
[6.] 7. As used in this section the word company means any person, company, corporation or association engaged in the business described.
[7.] 8. In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.
[8.] 9. All other property must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land, livestock and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
[9.] 10. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
[10.] 11. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 2.5. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3 and 4, the foregoing must be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit basis, and the number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
κ1981 Statutes of Nevada, Page 1777 (CHAPTER 723, SB 687)κ
apportion the mileage upon a mile-unit basis, and the number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
3. [Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
4. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operation unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.] On establishing the valuation, as a collective unit, of each public utility which generates, transmits or distributes electricity in this state, the Nevada tax commission shall allocate 10 percent of this valuation to the county in which the project is located and 90 percent of it among all the counties of this state in proportion to their respective populations. The valuation so allocated to each county must be assessed, and taxes must be levied and collected:
(a) On all of it, at the rate levied for the county school district;
(b) On that fraction of it which the population of the unincorporated areas is of the population of the entire county, at the rate levied for county purposes; and
(c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city,
including debt service in each case. The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this allocation fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.
κ1981 Statutes of Nevada, Page 1778 (CHAPTER 723, SB 687)κ
[5.] 4. Before establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission must first segregate the value of all property under construction whose construction was commenced on or after January 1, 1982, and which is not yet put to use. This value must be assessed and taxed in the county where it is located, at the same rate as other property. The legislature finds and declares that this segregation fairly reflects the additional burden put upon the public services of the county during its construction. For the purposes of this section, commencement of construction has the meaning ascribed to it in NRS 704.840.
[6.] 5. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
[7.] 6. As used in this section the word company means any person, company, corporation or association engaged in the business described.
[8.] 7. In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.
[9.] 8. All other property must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land, livestock and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
[10.] 9. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
[11.] 10. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 3. NRS 374.785 is hereby amended to read as follows:
κ1981 Statutes of Nevada, Page 1779 (CHAPTER 723, SB 687)κ
374.785 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 payable to the department.
2. The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.
3. The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:
(a) Transfer one-half of 1 percent of all fees, taxes, interest 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 costs of collecting the tax for the counties.
(b) Determine the amount of money equal to the taxes and any fees, interest and penalties which relate to the operation of each project for the generation, transmission or distribution of electricity, or to any other electrical facilities, whose construction is commenced on or after January 1, 1982. For the purposes of this paragraph, commencement of construction has the meaning ascribed to it in NRS 704.840. This amount must be apportioned:
(1) Ten percent to the county in which the project is located; and
(2) The remainder among all counties of the state in proportion to their respective populations.
The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this apportionment fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.
(c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection [.] and the sum of any amounts determined pursuant to paragraph (b).
[(c)] (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.
[(d)] (e) Transfer the amount owed to each county to the intergovernmental trust fund and remit the money to the credit of the county school district fund.
Sec. 4. Section 25 of chapter 149, Statutes of Nevada 1981, is hereby amended to read as follows:
Sec. 25. 1. The state controller, acting upon the collection data furnished by the department, shall monthly:
(a) Determine for each county an amount of money equal to the sum of:
(1) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the amount
κ1981 Statutes of Nevada, Page 1780 (CHAPTER 723, SB 687)κ
transferred to the state general fund pursuant to subsection 3 of NRS 377.050 [;] and the sum of any amounts distributed pursuant to section 1 of this act; and
(2) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
(b) Remit the amount determined for each county in the following manner:
(1) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(2) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.
(3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.
2. The provisions of paragraph (b) of subsection 1 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the state controller in the general fund.
3. The governor shall annually, on or before January 1, certify the population of each county and city to be used for the purposes of this section during the fiscal year beginning on the following July 1.
Sec. 5. Section 26 of chapter 149, Statutes of Nevada 1981, is hereby amended to read as follows:
Sec. 26. 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 [:] , after making any distributions required by section 1 of this act:
(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:
Political Subdivision Percentage
Churchill County....................................................................... 3.23
City of North Las Vegas........................................................... 46.52
City of Carlin.............................................................................. 2.72
Esmeralda County..................................................................... .20 Political Subdivision Percentage
κ1981 Statutes of Nevada, Page 1781 (CHAPTER 723, SB 687)κ
Political Subdivision Percentage
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) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amount distributable under paragraphs (a) and (c) of subsection 1 must be estimated for each fiscal year. The percentage of basic ad valorem revenue to be replaced in each county by 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 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 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) 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.
κ1981 Statutes of Nevada, Page 1782 (CHAPTER 723, SB 687)κ
Sec. 6. NRS 244A.755 is hereby amended to read as follows:
244A.755 1. If a project is for the generation and transmission of electricity, payments must be made as provided in this section:
(a) In lieu of ad valorem taxes on property owned by the county [;] , and distributed in the same manner as those taxes would be distributed pursuant to NRS 361.320; and
(b) In lieu of the sales and use tax, local school support tax and city-county relief tax on tangible personal property purchased or used [.] , and distributed either pursuant to section 1 of this act or in the same manner as the tax would be distributed pursuant to NRS 372.780 or 374.785, whichever applies.
2. The payments in lieu of taxes specified in paragraph (b) of subsection 1 must be paid on any incident of sale, use, storage or other consumption of property which, pursuant to the Sales and Use Tax Act, Local School Support Tax Law or an ordinance or ordinances adopted pursuant to the City-County Relief Tax Law, would be taxable if the exemptions for counties contained, respectively, in NRS 372.325 and 374.330 were not applicable. No such payment applies to any incident previously subjected to a sales or use tax. Except as otherwise provided in this section and except to the extent that they would be inconsistent with the provisions of this section, the provisions of the Sales and Use Tax Act, Local School Support Tax Law, the City-County Relief Tax Law, any ordinance or ordinances adopted pursuant thereto, [the Multi-state Tax Compact] and other laws of the state dealing with taxes on the sale or use of tangible personal property govern the collection, payment, method of protest, exemptions and other matters relating to the payments required in lieu of these taxes.
3. The payments in lieu of ad valorem taxes must [be made to the taxing entity or entities, including the state, within which the project or any part thereof is located, and the amount of such payments must] equal the ad valorem taxes that would have been payable were the project subject to ad valorem taxation and to assessment pursuant to NRS 361.320. This section does not preclude the legislature from changing the method of assessment or allocation of payments in lieu of ad valorem taxes. The due date of payments in lieu of ad valorem taxes to a particular taxing entity and the tax rate with respect to the portion of the valuation of a project [located in such] allocated to that entity must be determined in the same manner as for property which is subject to ad valorem taxation by that taxing entity.
4. The county shall, in the agreement with each purchaser of capacity require that the purchaser, or all of them collectively, make timely payments, whether or not the capacity is taken or available, sufficient in time and amount, to the extent that such payments are not otherwise provided for from bond proceeds or other funds specifically made available therefor, to provide for the payments in lieu of taxes required by this section. The agreements must provide the method of determining the amount of such payments to be made by each such purchaser.
5. The payments in lieu of taxes required by this section during the construction of the project are the responsibility of the participant who, pursuant to subsection 2 of NRS 244A.741, is constructing the project and the payments in lieu of taxes during the period of operation of the project are the responsibility of the participant who, pursuant to that subsection, is operating the project.
κ1981 Statutes of Nevada, Page 1783 (CHAPTER 723, SB 687)κ
pursuant to subsection 2 of NRS 244A.741, is constructing the project and the payments in lieu of taxes during the period of operation of the project are the responsibility of the participant who, pursuant to that subsection, is operating the project. The responsibility of making such payments is limited to the extent that there is legally available to the responsible participant, from the payments, proceeds or other funds mentioned in subsection 4, money to make such payments and the obligation of such participant or participants to make such payments in lieu of taxes is not a general obligation or liability of the responsible participant. [Such participant or participants are required to] That participant shall take appropriate action to enforce the obligation, provided for in subsection 4, of the participants in the project. A payment in lieu of taxes [shall] must not be made to the extent that the making of the payment would cause a deficiency in the money available to the county to make required payments of principal of, premium, if any, or interest on any bonds issued by the county to finance the project or to make required payments to any funds established under the proceedings under which such bonds were issued and secured. No lien attaches upon any property or money of the county or any property or money of the participant or participants mentioned in the first sentence of this subsection by virtue of any failure to pay all or any part of any lieu of taxes. The participant or participants constructing or operating the project or any other participant in the project may contest the validity of any payment in lieu of a tax to the same extent as if such payment were a payment of the tax itself. The payments in lieu of taxes must be reduced if and to the extent that such contest is successful.
6. So long as a purchaser of capacity of the project is required to make payments pursuant to subsection 4, that purchaser is not required to make any payment of tax pursuant to NRS 361.157 or 361.159 in respect of its interest or rights in that project.
7. The obligations to make payments in lieu of taxes required by this section do not constitute a debt or indebtedness of the county and do not constitute or give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers.
Sec. 7. 1. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.
2. Section 2 of this act shall become effective at 12:01 a.m. on July 30, 1981.
3. Section 2.5 of this act shall become effective on July 1, 1983.
__________
κ1981 Statutes of Nevada, Page 1784κ
Senate Bill No. 693Committee on Government Affairs
CHAPTER 724
AN ACT relating to unincorporated towns; permitting boards of county commissioners to provide by ordinance for pay for persons serving on town advisory boards; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 269.577 is hereby amended to read as follows:
269.577 Each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, must provide for:
1. Appointment by the board of county commissioners of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. [without compensation.]
2. Terms for members of the town advisory board, which must expire on the first Monday in January of each odd-numbered year.
3. Removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.
4. The duties of the town advisory board, which are to:
(a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.
5. The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.
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Senate Bill No. 695Committee on Commerce and Labor
CHAPTER 725
AN ACT relating to mortgage companies; making various amendments to provisions of law governing those companies; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. All money paid to a mortgage company by a person to acquire ownership of or a beneficial interest in a loan, made or to be made by the mortgage company and secured by a lien on real property, must:
(a) Be deposited in:
κ1981 Statutes of Nevada, Page 1785 (CHAPTER 725, SB 695)κ
(1) An insured bank or insured savings and loan association; or
(2) An escrow account which is controlled by a person who is independent of the parties and subject to instructions regarding the account which are approved by the parties; and
(b) Be kept separate from money belonging to the mortgage company in an account appropriately named to indicate that it contains the proceeds of a loan, not belonging to the mortgage company.
2. The amount held in trust pursuant to subsection 1 must be released:
(a) Upon completion of the loan, including proper recordation of the respective interests or release, or upon completion of the transfer of the ownership or beneficial interest therein, to the debtor or his designee or to the mortgage company, as the case may be;
(b) If the loan or the transfer thereof is not consummated, to the person who furnished the money held in trust; or
(c) Pursuant to any instructions regarding the escrow account.
3. All money paid to a mortgage company by a person in full or in partial payment of a loan, made by that company and secured by a lien on real property, must:
(a) Be deposited in:
(1) An insured bank or insured savings and loan association; or
(2) An escrow account which is controlled by a person who is subject to instructions regarding the account which are approved by the parties; and
(b) Be kept separate from money belonging to the mortgage company in an account appropriately named to indicate that it contains payments on a loan, not belonging to the mortgage company.
4. The amount held in trust pursuant to subsection 3 must be released, upon the deduction and payment of any fees or service charge due the mortgage company, to the owner of or the person having the beneficial interest in the note.
5. Upon reasonable notice, any mortgage company described in this section shall:
(a) Account to any debtor or creditor upon whose behalf money has been paid to the mortgage company and deposited in the trust accounts as set forth in this section; and
(b) Account to the commissioner for all money in the mortgage companys loan proceeds or loan payments trust account.
Sec. 3. Any person who violates any provision of NRS 645B.165 to 645B.180, inclusive, and section 2 of this act is guilty of a:
1. Misdemeanor if the amount involved is less than $100;
2. Gross misdemeanor if the amount involved is $100 or more but less than $1,000; or
3. Felony if the amount involved is $1,000 or more.
Sec. 4. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires:
1. Commissioner means the commissioner of savings associations.
2. Mortgage company means any person who, directly or indirectly:
(a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;
κ1981 Statutes of Nevada, Page 1786 (CHAPTER 725, SB 695)κ
an attempt to obtain a loan which will be secured by a lien on real property;
(b) Holds himself out for hire to serve as an agent for any person who has money to lend, which loan is or will be secured by a lien on real property;
(c) Holds himself out as being able to make loans secured by liens on real property; or
(d) Holds himself out as being able to service loans secured by liens on real property.
For the purposes of this subsection, a person holds himself out as being able to perform the given function only if he advertises [in the media] as being able to do so.
Sec. 5. NRS 645B.020 is hereby amended to read as follows:
645B.020 1. A license as a mortgage company may be obtained by filing a written application in the office of the commissioner.
2. The application [shall:] must:
(a) Be verified.
(b) State the locations of the applicants principal office and branch offices in the state.
(c) State the name under which the applicant will conduct business.
(d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the mortgage company business.
(g) Require a financial statement of the applicant.
(h) Require such other information as the commissioner determines necessary.
3. If the commissioner determines after investigation that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the handling of [moneys] money deposited for taxes and insurance premiums or otherwise held in escrow or trust accounts as provided in this chapter will protect and safeguard the public, he shall issue a license to the applicant as a mortgage company.
Sec. 6. NRS 645B.030 is hereby amended to read as follows:
645B.030 1. [At] Except as otherwise provided in this section, at the time of filing an application for a mortgage companys license, the applicant [shall] must deposit with the commissioner [a] :
(a) A corporate surety bond payable to the State of Nevada, in an amount, to be determined by the commissioner, no less than $25,000, [and] executed by a corporate surety satisfactory to the commissioner [.
2. The bond must be substantially the following form:
Know All Men By These Presents, that ...................., as principal, and ...................., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any injured person, in the sum of ...................., lawful money of the United States of America, to be paid to the State of Nevada for the use and benefit aforesaid, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
κ1981 Statutes of Nevada, Page 1787 (CHAPTER 725, SB 695)κ
which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the above obligation is such that: Whereas, the principal has made application to the commissioner of savings associations of the State of Nevada for a license as a mortgage company and is required to furnish a bond in the sum above named, conditioned as herein set forth:
Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645B of NRS and pay all damages suffered by any person by reason of the violation of any of the provisions of chapter 645B of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645B of NRS, then this obligation shall be void; otherwise to remain in full force and effect.
This bond shall become effective on the ...... day of ......, 19 ......, and shall remain in force until the surety is released from liability by the commissioner or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 30 days written notice to the principal and to the commissioner of savings associations of the State of Nevada.
This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty hereof.
In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its duly authorized officers at ......................, Nevada, this ...... day of ......, 19 .......
(Seal)
Principal
(Seal)
Surety
By
Attorney in Fact
Licensed resident agent]
and signed by one or more sureties approved by the commissioner, whose liabilities as sureties need not exceed the amount of the bond in the aggregate; or
(b) An irrevocable letter of credit, subject to a period of discovery of 3 years from the date of expiration, upon which the applicant is the obligator, issued by a bank approved by the commissioner, whose deposits are insured by the Federal Deposit Insurance Corporation.
2. The bond or letter of credit must be conditioned that the applicant shall conduct the business in accordance with the provisions of this chapter and all regulations adopted by the commissioner and pay all money that becomes due. The terms of the bond or letter of credit must be approved by the commissioner.
3. In lieu of depositing a bond or letter of credit, an applicant may deposit with the state treasurer, under terms prescribed by the banking division of the department of commerce:
κ1981 Statutes of Nevada, Page 1788 (CHAPTER 725, SB 695)κ
deposit with the state treasurer, under terms prescribed by the banking division of the department of commerce:
(a) Money of the United States in an amount equal to the amount of the required bond; or
(b) A savings certificate of a federally insured financial institution in this state for an amount payable which is equal to the amount of the required bond and which is not available for withdrawal except by direct order of the commissioner. Interest earned under the certificate accrues to the account of the applicant.
Such a deposit of money or a certificate may be retained for 3 years after the expiration or revocation of a license.
Sec. 7. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. The mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing a renewal application [, submitting such financial data as may be required by the commissioner] and paying the annual license fee for the succeeding year. [The commissioner may require:
(a) An independent audit report by a public accountant certified or registered in this state; or
(b) If the commissioner determines that the mortgage activities of the company are limited and incidental to its primary business activity, the unaudited financial statement signed by the principal owner of the company and dated not earlier than the close of the companys latest fiscal or calendar year.] The application and payment must be delivered or mailed to the commissioner on or before June 15 next preceding the expiration date. If the application or payment is mailed after June 15, the applicant is subject to a penalty in the amount of 10 percent of the license fee. If a license has expired, an application must be made for an original license.
2. The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by a public accountant who is certified or registered in this state. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter.
[2.] 3. The filing fees are:
(a) For filing an original application, $200 for the principal office and $75 for each branch office.
(b) For filing an original application from April 1 to June 30, inclusive, $100 for the principal office of a mortgage company.
(c) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
(d) For filing a renewal application, the filing fees are determined by the dollar volume of loans originated in the preceding calendar year ended December 31, in accordance with the following schedule:
Under $1 million.............................................................................................. $200
$1 million to $2 million................................................................................... 250
$2 million to $3 million................................................................................... 300
$3 million to $4 million................................................................................... 350
$4 million to $5 million................................................................................... 400 $5 million to $10 million $500
κ1981 Statutes of Nevada, Page 1789 (CHAPTER 725, SB 695)κ
$5 million to $10 million................................................................................. $500
Over $10 million.............................................................................................. 600
[3.] 4. All fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 8. NRS 645B.060 is hereby amended to read as follows:
645B.060 1. Subject to the administrative control of the director of the department of commerce, the commissioner shall exercise general supervision and control over mortgage companies doing business in [the State of Nevada.] this state.
2. In addition to the other duties imposed upon him by law, the [powers and duties of the commissioner are:
(a) To make reasonable rules and] commissioner shall:
(a) Adopt reasonable regulations as may be necessary for making effective this chapter, except as to loan brokerage fees.
(b) [To conduct] Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
(c) [To conduct] Conduct such examination, periodic or special audits, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the mortgage company laws of this state.
(d) [To classify] Classify as confidential certain records and information obtained by the division when [such] those matters are obtained from a governmental agency upon the express condition that they [shall] remain confidential. This paragraph does not limit examination by the legislative auditor.
Sec. 9. NRS 645B.070 is hereby amended to read as follows:
645B.070 1. In the conduct of any examination, periodic or special audit, investigation or hearing, the commissioner may:
(a) Compel the attendance of any person by subpena.
(b) Administer oaths.
(c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and in connection therewith require the production of any books, records or papers relevant to the inquiry.
2. Every person subpenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpena or to produce books, records or papers required by the commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
3. The cost of any examination, periodic or special audit, investigation or hearing conducted under this chapter may be assessed to and collected from the mortgage company in question by the commissioner.
Sec. 10. NRS 645B.080 is hereby amended to read as follows:
645B.080 All mortgage companies shall keep and maintain at all times in their principal places of business complete and suitable records of all mortgage transactions made by them, together with all original books, papers and data clearly reflecting the financial condition of the business of such companies. [Every mortgage company shall, at the times required by the commissioner, make and file in the office of the commissioner a true and correct statement, in the form and containing the data the commissioner may require, of the business of the mortgage company.]
κ1981 Statutes of Nevada, Page 1790 (CHAPTER 725, SB 695)κ
times required by the commissioner, make and file in the office of the commissioner a true and correct statement, in the form and containing the data the commissioner may require, of the business of the mortgage company.]
Sec. 11. NRS 645B.100 is hereby amended to read as follows:
645B.100 1. Grounds for refusing to license any person as a mortgage company and grounds for suspending any license are that the applicant or licensee:
(a) Is insolvent;
(b) Is of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;
(c) Does not conduct his business in accordance with law or has violated any provisions of this chapter;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has been guilty of fraud in connection with any transaction governed by this chapter;
(f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of the mortgage company business;
(g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under this chapter;
(h) Has failed to account to persons interested for all [funds] money received for the impound trust account;
(i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner under the provisions of this chapter; [or]
(j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud [.] ; or
(k) Has refused or failed to pay, within a reasonable time, those expenses assessed to the mortgage company pursuant to NRS 645B.070.
2. It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual.
Sec. 12. NRS 645B.150 is hereby amended to read as follows:
645B.150 1. When the commissioner ascertains by examination or otherwise that the assets or capital of any mortgage company are impaired or that a mortgage companys affairs are in an unsafe condition [,] which may result in danger to the public, he may immediately take possession of all the property, business and assets of the company which are located in this state and retain possession of them pending further proceedings provided for in this chapter.
2. If the board of directors or any officer or person in charge of the offices of [such] the company refuses to permit the commissioner to take possession of its property, the commissioner shall communicate [such] that fact to the attorney general.
κ1981 Statutes of Nevada, Page 1791 (CHAPTER 725, SB 695)κ
to take possession of its property, the commissioner shall communicate [such] that fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the commissioner in immediate possession of the property of the company. The commissioner thereupon shall make or have made an inventory of the assets and known liabilities of the company.
3. The commissioner shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the company is located and shall mail one copy to each stockholder, partner, officer or associate of the mortgage company at his last-known address.
4. The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.
Sec. 13. NRS 645B.190 is hereby amended to read as follows:
645B.190 The provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. A real estate broker rendering services in the performance of his duties as a real estate broker.
4. Any firm or corporation which lends money on real property and is subject to licensing, supervision or auditing by the Federal National Mortgage Association as an approved seller or servicer.
5. Any person doing any act under order of any court.
6. Any one natural person, or husband and wife, who provides funds for investment in loans secured by a lien on real property, on his own account. [, who does not charge a fee or cause a fee to be paid for any service other than the normal and scheduled rates for escrow, title insurance and recording services, and who does not collect funds to be used for the payment of any taxes or insurance premiums on the property securing any such loans.]
7. Agencies of the United States and of this state and its political subdivisions, including the public employees retirement system.
Sec. 14. NRS 645B.195 is hereby amended to read as follows:
645B.195 1. For an extension of credit which is secured by a deed of trust or mortgage of real property and which is made by or through a mortgage company, the rate of interest must not exceed the greater of:
(a) Twelve percent per annum; or
(b) If the lowest daily prime rate at the three largest United States banking institutions is 9 percent or more, that lowest daily prime rate plus 3.5 percent.
2. If the rate of interest exceeds 12 percent:
(a) The lender or broker of a mortgage company shall certify on the loan document [,] or in a statement attached thereto, under penalty of perjury, what the lowest prime rate is on the date [of execution of] on which the final loan document [.] is signed by the borrower.
κ1981 Statutes of Nevada, Page 1792 (CHAPTER 725, SB 695)κ
(b) The lender shall not impose any charge or penalty for prepayment of all or any part of the loan.
(c) The lender shall not require any compensating balance or use any other device to increase the cost to the borrower of borrowing the net amount of the loan.
3. For the purposes of this section, interest does not include any payment made to a [third party, or amount included in the obligation for payment to a third party, as consideration for the extension of credit, which is computed as a percentage of the amount of the credit extended.] mortgage company as consideration for arranging a loan when the company acts independently of the borrower and lender.
4. If a mortgage company violates any provision of this section, the commissioner may suspend the companys license for 60 days for the first violation and for 120 days for any subsequent violation.
Sec. 15. NRS 645B.210 is hereby amended to read as follows:
645B.210 It is unlawful for an person [,] to provide any of the services of a mortgage company, unless he is exempted under NRS 645B.190, [to charge a fee for mortgage company services or] to engage in or carry on, or hold himself out as engaging in or carrying on, the business of a mortgage company [business] without first obtaining a license as a mortgage company.
Sec. 16. NRS 645B.230 is hereby amended to read as follows:
645B.230 [Any] Except as provided in section 3 of this act, any person, or any director, officer, agent or employee of [any such] a person, who violates any of the provisions of this chapter is guilty of a misdemeanor.
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Senate Bill No. 698Committee on Finance
CHAPTER 726
AN ACT relating to fees charged by county clerks; increasing the filing fees in district courts; increasing certain other fees; removing a prohibition against fees in adoption proceedings; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 17.110 is hereby amended to read as follows:
17.110 The statement [shall] must be filed with the clerk of the court in which the judgment is to be entered. [, who] The clerk shall indorse upon it [,] and enter in the judgment book a judgment of [such] the court for the amount confessed, with [$10] $20 costs. The judgment and affidavit, with the judgment indorsed, [shall] thereupon become the judgment roll.
Sec. 2. NRS 19.013 is hereby amended to read as follows:
19.013 1. Each county clerk shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee [now provided by law,] prescribed by NRS 19.020, to be paid by the party commencing the action, proceeding or transfer..................................... [$32.00] $47
κ1981 Statutes of Nevada, Page 1793 (CHAPTER 726, SB 698)κ
district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee [now provided by law,] prescribed by NRS 19.020, to be paid by the party commencing the action, proceeding or transfer............................................................................................ [$32.00] $47
On the appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court, in addition to the court fee [now provided by law] prescribed by NRS 19.020............................................................. [20.00] 35
On the filing of a petition for letters testamentary, [or] letters of administration [or] , setting aside an estate without administration, or a guardianship, which fee [shall include] includes the court fee [now provided by law,] prescribed by NRS 19.020, to be paid by the petitioner:
Where the stated value of the estate is more than [$5,000] $1,000............................................................................................... [50.00] 65
Where the stated value of the estate is [$5,000] $1,000 or less, no fee may be charged or collected.
On filing a petition to contest any will or codicil, to be paid by the petitioner............................................................................................................ [25.00] 37
On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter......................... [25.00] 37
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................................................................... [25.00] 37
For filing a notice of appeal.................................................................. [10.00] 20
For issuing transcript of judgment and certifying thereto................. [1.00] 2
For preparing any copy of any record, proceeding or paper, [on file in his office:
When such a copy is reproduced by xerography, for each page.. .25
When such copy is photostated,] for each page..................... [.50] 1
For each certificate of the clerk, under the seal of the court. [1.00] 2
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate................. [2.00] 4
For filing and indexing articles of incorporation.................................. [5.00] 10
For each amendment, acceptance or appointment of resident agent, list of officers, dissolution or reinstatement or bond companies................................................................................................. [3.00] 5 For filing all papers to be kept by him, not otherwise provided for, other papers filed in actions and proceedings in court and papers filed by public officers in their official capacity.............................. [$5.00] $10
κ1981 Statutes of Nevada, Page 1794 (CHAPTER 726, SB 698)κ
For filing all papers to be kept by him, not otherwise provided for, other papers filed in actions and proceedings in court and papers filed by public officers in their official capacity........................................ [$5.00] $10
For issuing any certificate under seal, not otherwise provided for.. [2.00] 5
For searching records or files in his office, for each year.................... [.50] 1
For filing and recording a bond of a notary public, per name........... [5.00] 10
2. All fees prescribed in this section are payable in advance if demanded by the county clerk.
3. The fees set forth in section 1 are in full for all services rendered by the county clerk in the case for which the fees are paid, to and including the making up of the judgment roll, but such fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee may be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 3. NRS 146.070 is hereby amended to read as follows:
146.070 1. When a person dies leaving an estate, the gross value of which does not exceed $10,000, and there is a surviving spouse or child or children of the deceased, the estate [shall] must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, [shall] must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or children, or for the support of the child or children, if there is no surviving spouse. [The whole of the estate, even] Even though there is a surviving spouse, the court may, [in the discretion of the court,] after directing [the deductions aforesaid, be] such payments, set aside the whole of the estate to the child or children, according to the subserviency of their best interests.
2. When a person dies leaving no surviving spouse or child, and an estate, the gross value of which does not exceed $10,000, upon good cause shown therefor, the judge may order that the estate [shall] must not be administered upon but the whole thereof [shall] must be assigned and set apart:
First: To the payment of funeral expenses, expenses of last illness, and creditors, if there are any; and
Second: Any balance remaining to the claimant or claimants entitled thereto.
3. All proceedings taken under this section, whether or not the decedent left a will, [shall] must be originated by a verified petition containing:
κ1981 Statutes of Nevada, Page 1795 (CHAPTER 726, SB 698)κ
(a) A specific description of all the decedents property.
(b) A list of all the liens, encumbrances of record at the date of his death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names, ages and residences of the decedents heirs, devisees and legatees.
The petition may include a prayer that if the court finds the gross value of the estate does not exceed $10,000, the [same] estate be set aside as provided in this section.
4. The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs, devisees and legatees. If such is the fact, the notice [shall] must include a statement that a prayer for setting aside the estate to the spouse, or child or children, as the case may be, is included in the petition.
5. No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding [$5,000] $1,000 in value.
6. If the court finds that the gross value of the estate does not exceed the sum of $10,000, the [district] court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to [such] the guardian, with or without bond as in the discretion of the court seems to the best interests of the minor. The court may [in its discretion] direct the manner in which [such money shall] the money may be used for the benefit of the minor.
Sec. 4. NRS 602.050 is hereby amended to read as follows:
602.050 1. Every county clerk must keep, in alphabetical order, in a book or other suitable index provided for that purpose:
(a) A register of all the names of such corporations, businesses, or fanciful or fictitious designations, as shown in the certificates.
(b) Unless it is a corporation, the name of each person shown to be interested in or a partner in such a business.
2. Every county clerk shall charge for each corporate or firm name entered a fee of [$5, which shall be] $10, which is full compensation for filing and registration.
Sec. 5. NRS 127.170 is hereby repealed.
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κ1981 Statutes of Nevada, Page 1796κ
Senate Bill No. 699Committee on Commerce and Labor
CHAPTER 727
AN ACT relating to insurance; amending provisions relating to fees and licensing of persons engaged in the business of insurance; and providing other matters properly relating thereto.
[Approved June 14, 1981]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 679B.305 is hereby amended to read as follows.
679B.305 1. There is hereby created the insurance recovery fund as a special revenue fund. The commissioner shall promptly deposit with the state treasurer for [the] credit [of] to the fund all recovery fund fees received from licensees under this title.
2. A fund balance of not more than $40,000 [shall] must be maintained in the fund to be used for satisfying claims against persons licensed under chapters 683A, [683B,] 684A and 685A of NRS. Any balance over $40,000 in the fund at the end of any fiscal year [shall] must be set aside and used by the commissioner for insurance education and research.
3. The commissioner shall adopt reasonable regulations for the administration of the fund, including the manner, time, procedure and grounds for recovery against the fund.
4. The limit of liability of the recovery fund is $5,000 per fiscal year for any one licensee.
Sec. 2. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served shall pay to the commissioner, fees, licenses and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Issuance, and each annual continuation:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive $100
(2) For two or more kinds of insurance as so defined............................. 200
(b) Reinstatement [NRS 680A.180,] pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(c) Registration of additional title [NRS 680A.240] pursuant to NRS 680A.240 25
Annual renewal..................................................................................................... 25
2. Charter documents (other than those filed with application for certificate of authority). Filing amendments to articles of incorporation, charter, bylaws, power of attorney (as to reciprocal insurers), and other constituent documents of the insurer, each document $10
3. Annual statement of insurer. For filing annual statement...................... $25
4. Service of process:
κ1981 Statutes of Nevada, Page 1797 (CHAPTER 727, SB 699)κ
(a) Filing of power of attorney.......................................................................... $5
(b) Acceptance of service of process.............................................................. 5
5. Agents licenses [and appointments:
(a) Application for original resident agents license and issuance of license, if issued $15
(b) Appointment of resident agent:
(1) Each insurer............................................................................................. 2
(2) Annual continuation of appointment, each insurer........................... 2
(c) Temporary license......................................................................................... 3
(d) Limited license (NRS 683A.260), each insurer, each year....................... 2
(e) Nonresident agents:
(1) Nonresident agents license, other than as specified in paragraph (f), application and issuance, if issued............................................................................................... 25
(2) Appointment of such agent, each insurer........................................... 25
(3) Annual continuation of appointment, each insurer........................... 25
(f) Nonresident agents license qualifying under subsection 3 of NRS 683A.340; same as for resident agent license under paragraphs (a) and (b).
6. Brokers:
(a) Resident brokers license:
(1) Application for original resident brokers license and issuance of license, if issued $25
(2) Annual continuation.............................................................................. 25
(b) Nonresident brokers license:
(1) Nonresident brokers license (other than as specified in paragraph (c) below), applicant for original license and issuance, if issued............................................ 75
(2) Annual continuation.............................................................................. 75
(c) Nonresident brokers license, qualifying under subsection 4 of NRS 683A.340; same as for resident brokers license under paragraph (a).
(d) Surplus lines brokers license:
(1) Surplus lines brokers license, application and issuance, if issued 10
(2) Annual continuation.............................................................................. 10
7. Solicitors:
(a) Application for original license and issuance of license, if issued........ $2
(b) Annual continuation.................................................................................... 2
8. Managing general agents. Annual continuation, each insurer............. $5
9. Adjusters:
(a) Adjusters license:
(1) Application for original adjusters license and issuance of license, if issued $15
(2) Annual continuation of license............................................................ 15
(b) Associate adjusters license:
(1) Associate adjusters license (NRS 684A.030), application and issuance of license, if issued........................................................................................................................ 5
(2) Annual continuation.............................................................................. 5
κ1981 Statutes of Nevada, Page 1798 (CHAPTER 727, SB 699)κ
10. Motor vehicle physical damage appraiser:
(a) Application for original license and issuance of license, if issued........ $10
(b) Annual continuation of license.................................................................. 10
11. Life insurance analysts:
(a) Application for original license and issuance of license, if issued........ $25
(b) Annual continuation of license.................................................................. 25
12. Examination for license:
(a) Filing application for each examination, other than life insurance analyst, each kind of insurance...................................................................................................................... $15
(b) Life insurance analysts, filing application, each examination................ 25
13. Additional title, property insurers (NRS 680A.240):
(a) Original registration...................................................................................... $25
(b) Annual continuation of registration.......................................................... 25
14. Insurance vending machines:
(a) Filing application for license and issuance, if issued, each machine.... $20
(b) Annual continuation of license, each machine........................................ 20
15. Securities solicitation permit:
(a) Application for permit................................................................................... $100
(b) Extension of permit....................................................................................... 50
16. Securities salesman, domestic insurers:
(a) Filing application for license and issuance, if issued.............................. $10
(b) Annual continuation of license.................................................................. 10
17. Rating organizations:
(a) Filing application for license and issuance, if issued.............................. $100
(b) Annual continuation of license.................................................................. 100
18. Life and health insurance administrator:
(a) Filing application for registration and certificate, if issued..................... $25
(b) Annual continuation of certificate............................................................. 25
19. Insurance laws, each copy, not less than cost.
20. Certified copy of insurer certificate of authority or of any license issued under this code $2
21. Copies of other documents on file in the division: A reasonable charge as fixed by the commissioner; and for certifying and affixing official seal............................ $1
22. Letter of clearance as to agent or broker................................................. $2
23. Certificate of license status, agent or broker.......................................... $2]
, appointments and renewals:
(a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:
(1) Application and license, if issued...................................................... $25
(2) Appointments by each insurer............................................................ 5
(3) Triennial renewal of each license...................................................... 30
(4) Temporary license................................................................................. 5
κ1981 Statutes of Nevada, Page 1799 (CHAPTER 727, SB 699)κ
(b) Other nonresident agents:
(1) Application and license, if issued...................................................... $50
(2) Appointment by each insurer.............................................................. 25
(3) Triennial renewal of each license...................................................... 75
6. Brokers licenses and renewals:
(a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:
(1) Application and license, if issued...................................................... $50
(2) Triennial renewal of each license...................................................... 30
(b) Other nonresident brokers:
(1) Application and license, if issued...................................................... 100
(2) Triennial renewal of each license...................................................... 225
(c) Surplus lines brokers:
(1) Application and license, if issued...................................................... 15
(2) Triennial renewal of each license...................................................... 30
7. Solicitors licenses, appointments and renewals:
(a) Application and license, if issued............................................................. $15
(b) Triennial renewal of each license............................................................ 30
(c) Initial appointment...................................................................................... 5
8. Managing general agents licenses, appointments and renewals:
(a) Application and license, if issued............................................................. $15
(b) Initial appointment, each insurer............................................................. 5
(c) Triennial renewal of each license............................................................. 30
9. Adjusters licenses and renewals:
(a) Independent and public adjusters:
(1) Application and license, if issued...................................................... $15
(2) Triennial renewal of each license...................................................... 30
(b) Associate adjusters:
(1) Application and license, if issued...................................................... 15
(2) Initial appointment............................................................................... 5
(3) Triennial renewal of each license...................................................... 30
10. Licenses and renewals for appraisers of physical damage to motor vehicles:
(a) Application and license, if issued............................................................. $15
(b) Triennial renewal of each license............................................................ 30
11. Additional title and property insurers pursuant to NRS 680A.240:
(a) Original registration.................................................................................. $25
(b) Annual renewal............................................................................................ 25
12. Insurance vending machines:
(a) Application and license, if issued, for each machine............................ $15
(b) Triennial renewal of each license............................................................ 30
13. Permit for solicitation for securities:
(a) Application for permit................................................................................ $100
(b) Extension of permit...................................................................................... 50
14. Securities salesmen for domestic insurers:
(a) Application and license, if issued............................................................. $25
(b) Annual renewal of license.......................................................................... 15
15. Rating organizations:
κ1981 Statutes of Nevada, Page 1800 (CHAPTER 727, SB 699)κ
(a) Application and license, if issued............................................................. $100
(b) Annual renewal............................................................................................ 100
16. Certificates and renewals for administrators of life and health insurance:
(a) Application and certificate of registration, if issued............................ $50
(b) Triennial renewal........................................................................................ 25
17. For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.
18. Certified copies of certificates of authority and licenses issued pursuant to the insurance code........................................................................................................... $10
19. For copies of amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
20. Letter of clearance for an agent or broker........................................... $5
21. Certificate of status as a licensed agent or broker............................. $5
22. Licenses, appointments and renewals for bail agents:
(a) Application and license, if issued............................................................. $15
(b) Initial appointment by each surety insurer............................................ 5
(c) Triennial renewal of each license............................................................. 30
23. Licenses and renewals for property bondsmen:
(a) Application and license, if issued............................................................. $15
(b) Triennial renewal of each license............................................................ 30
24. Licenses, appointments and renewals for general bail agents:
(a) Application and license, if issued............................................................. $15
(b) Initial appointment by each insurer........................................................ 5
(c) Triennial renewal of each license............................................................. 30
25. Licenses and renewals for bail solicitors:
(a) Application and license, if issued............................................................. $15
(b) Triennial renewal of each license............................................................ 30
26. Licenses and renewals for title insurance agents:
(a) Application and license, if issued............................................................. $15
(b) Triennial renewal of each license............................................................ 30
27. Certificate of authority for a funeral service, for issuance and each annual renewal $25
28. Licenses and renewals for agents for prepaid funeral contracts:
(a) Application and license, if issued............................................................. $15
(b) Triennial renewal of each license............................................................ 30
29. Licenses, appointments and renewals for agents for fraternal benefit societies:
(a) Application and license, if issued............................................................. $25
(b) Appointment................................................................................................. 5
(c) Triennial renewal of each license............................................................. 30
Sec. 3. NRS 683A.170 is hereby amended to read as follows:
683A.170 1. [After completion and filing of an application with the commissioner as required by NRS 683A.150, the commissioner shall subject each applicant] Any person who intends to apply for a license