[Rev. 2/27/2019 1:18:15 PM]
κ1983 Statutes of Nevada, Page 241 (CHAPTER 80, SB 69)κ
charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission [may] shall also consider evidence supporting depreciation expenses, calculated on an annual basis, applicable to major [electric generating plant units] components of the public utilitys plant placed into service during the recorded test period or the certification period as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required [herein,] in this subsection, or before the expiration of any [suspension] period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates, fares or charges as may be required by this chapter.
4. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
5. Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with [commission] the commissions regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.
6. Except as provided in subsection 7, whenever an application for an increased rate, fare or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another application until all pending applications for rate increases submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.
7. A public utility may not file an application to recover the increased cost of purchased fuel, purchased power or natural gas purchased for resale more often than once every 30 days.
________
κ1983 Statutes of Nevada, Page 242κ
Senate Bill No. 119Senators Horn, Bilbray, Blakemore, Faiss, Foley, Mello, Neal and Ryan
CHAPTER 81
AN ACT relating to toluene; prohibiting the sale or gift to any person who is less than 18 years of age of aerosol paint, glue or cement which contains toluene; specifying exceptions to this prohibition; prohibiting the possession of certain drugs or chemicals with the intent to use them contrary to directions; and providing other matters properly relating thereto.
[Approved March 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 3, any person who sells or gives aerosol paint, glue or cement containing toluene to a person who is less than 18 years of age is guilty of a gross misdemeanor.
2. The court shall suspend for a period of 1 year the business license of a person who knowingly violates any provision of this section after having been previously convicted of a violation of this section unless he can demonstrate that he attempted in good faith to comply with this section.
3. The provisions of this section do not apply to the sale of:
(a) Gasoline or other fuel for motor vehicles;
(b) Aerosol paint, glue or cement containing less than the minimum amount of toluene which is subject to the requirements for special labeling established pursuant to the Federal Hazardous Substances Act, 15 U.S.C. §§ 1261 et seq.; as it exists on June 30, 1983; or
(c) Glue or cement which is included in a kit used for the construction of model airplanes, automobiles, boats or trains or which is used in connection with another hobby.
Sec. 2. NRS 454.346 is hereby amended to read as follows:
454.346 1. Any person who inhales, ingests, applies or otherwise uses or possesses with the intent to inhale, ingest, apply or otherwise use any drug, chemical, poison or organic solvent, or any compound or combination of any drug, chemical, poison or organic solvent, in any manner contrary to the directions for use, cautions or warnings appearing on the label thereof, in order to create or induce a condition of intoxication, euphoria, hallucination or elation, or to change, distort or disturb [the] his eyesight, thinking processes, balance or coordination or to affect [the] his central nervous system [of such person] is guilty of a misdemeanor.
2. The provisions of this section do not apply to [those persons] a person who uses or intends to use any drug, chemical, poison or organic solvent for medicinal purposes under the supervision of a physician, when [such] the drug, chemical, poison or organic solvent is used or intended for use in keeping with the directions for use as given by the physician.
κ1983 Statutes of Nevada, Page 243 (CHAPTER 81, SB 119)κ
Sec. 3. NRS 454.534 is hereby amended to read as follows:
454.534 In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of NRS 454.181 to 454.530, inclusive, and section 1 of this act, it [shall not be] is not necessary to [negative] negate any exception, excuse, proviso or exemption contained in NRS 454.181 to 454.530, inclusive, and section 1 of this act, and the burden of proof of any such exception, excuse, proviso or exemption [shall be] is upon the defendant.
Sec. 4. NRS 454.680 is hereby amended to read as follows:
454.680 This chapter [shall] does not apply to:
1. [Products] Except as otherwise provided in section 1 of this act, products subject to the provisions of the Federal Hazardous Substances [Labeling] Act [(15 U.S.C. §§ 1261-1273).] , 15 U.S.C. §§ 1261 et seq.; and
2. Products registered under the Federal Insecticide, Fungicide, and Rodenticide Act [(7 U.S.C. §§ 135-135k).] , 7 U.S.C. §§ 136 et seq.,
as the acts exist, respectively, on June 30, 1983.
________
Senate Bill No. 160Committee on Judiciary
CHAPTER 82
AN ACT relating to gaming; providing that the state gaming control board may not charge investigative costs to certain applicants for findings of suitability to be associated with a gaming enterprise; and providing other matters properly relating thereto.
[Approved March 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.331 is hereby amended to read as follows:
463.331 1. An investigative fund is hereby created as a special revenue fund for the purposes of paying all expenses incurred by the board and the commission for investigation of an application for a license, finding of suitability or approval under the provisions of this chapter. The special revenue of the investigative fund [shall be] is the money received by the state from the respective applicants. The amount to be paid by each applicant is the amount determined by the board in each case [.] , but the board may not charge any amount to an applicant for a finding of suitability to be associated with a gaming enterprise pursuant to paragraph (a) of subsection 2 of NRS 463.167.
2. Expenses may be advanced from the investigative fund by the chairman, and expenditures from the fund may be made without regard to NRS 281.160. Any [moneys] money received from the applicant in excess of the costs and charges incurred in the investigation or the processing of the application [shall] must be refunded pursuant to regulations adopted by the board and the commission. At the conclusion of the investigation, the board shall give to the applicant a written accounting of the costs and charges so incurred.
κ1983 Statutes of Nevada, Page 244 (CHAPTER 82, SB 160)κ
3. Expenditures from the investigative fund [shall] must not be included in the computation of the limit imposed by subsection 1 of NRS 463.330.
4. Within 3 months after the end of a fiscal year, the amount of the fund balance in excess of $2,000 [shall] must be deposited in the state general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 219Committee on Judiciary
CHAPTER 83
AN ACT relating to arrests; enumerating additional places where forcible entry or exit may be made; and providing other matters properly relating thereto.
[Approved March 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.138 is hereby amended to read as follows:
171.138 To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open a door or window of the house , structure or other place of concealment in which the person to be arrested is, or in which there is reasonable grounds for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired
Sec. 2. NRS 171.142 is hereby amended to read as follows:
171.142 Any person who has entered a house [for the purpose of making] , structure or other place of concealment to make an arrest may break open [the] a door or window [thereof if detained therein, when necessary for the purpose of liberating himself, and an] if that is necessary for him to liberate himself. An officer may do the same [, when necessary for liberating] to liberate a person who, acting in his aid, entered [for the purpose of making] to make an arrest [,] and is detained [therein.] inside.
________
κ1983 Statutes of Nevada, Page 245κ
Assembly Bill No. 183Committee on Judiciary
CHAPTER 84
AN ACT relating to the department of parole and probation; providing an additional use of the restitution trust fund; transferring certain expenses to the department; and providing other matters properly relating thereto.
[Approved March 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.189 is hereby amended to read as follows:
176.189 1. The court may order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make restitution to the person or persons named in the order, at the times and in the amounts specified in the order. Such an order may require payment for medical treatment of any person whom the defendant has injured.
2. All money received by the department for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited with the state treasurer for credit to the restitution trust fund. All payments from the fund must be paid as other claims against the state are paid.
3. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure has been caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such a hardship.
[3.] 4. If, within 3 years after the defendant has been discharged from probation, the department of parole and probation has not located the person to whom the restitution was ordered, the money paid by the defendant must be deposited with the state treasurer for credit to the fund for the compensation of victims of crime.
Sec. 2. NRS 213.123 is hereby amended to read as follows:
213.123 1. Upon the granting of parole to a prisoner, the board may, when the circumstances warrant, require as a condition of parole that the parolee submit to periodic tests to determine whether the parolee is using any controlled substance. Any such use or any failure or refusal to submit to a test is a ground for revocation of parole.
2. Any expense incurred as a result of any test is a charge against the [board.] department.
________
κ1983 Statutes of Nevada, Page 246κ
Assembly Bill No. 25Committee on Government Affairs
CHAPTER 85
AN ACT relating to the state personnel system; requiring that the chief of the personnel division of the department of general services establish objectives and policies for the division; and providing other matters properly relating thereto.
[Approved March 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.105 is hereby amended to read as follows:
284.105 1. As executive head of the personnel division, the chief shall direct and supervise all administrative and technical activities of the personnel division. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. In addition to the duties imposed upon him elsewhere in this chapter, the chief shall:
(a) Apply and carry out this chapter and the [rules and] regulations adopted [hereunder.] under it.
(b) Establish objectives for the personnel division in terms which are specific, measurable and conductive to reliable evaluation, and develop a plan for accomplishing those objectives.
(c) Establish a system of appropriate policies for each function within the personnel division.
(d) Attend all meetings of the commission.
[(c)] (e) Report to the director and the commission upon all matters concerning the administration of his office, and [he shall] request the advice [and counsel] of the commission on matters concerning the [policy thereof;] policies of the personnel division; but the chief [shall be] is responsible for the conduct of the personnel division and its administrative functions unless otherwise provided by law.
[(d)] (f) Establish and maintain a roster of all employees in the public service. The roster [shall] must set forth, as to each employee:
(1) The class title of the position held.
(2) The salary or pay.
(3) Any change in class title, pay or status.
(4) Other pertinent data.
[(e)] (g) In cooperation with appointing authorities and others, foster and develop programs for [the improvement of employee] improving the effectiveness and morale [,] of employees, including training [,] and procedures for hearing and adjusting grievances . [and hearings thereon.]
[(f)] (h) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and [he shall] make available the facilities and services of the personnel division [personnel] to this end.
[(g)] (i) Make to the commission and to the director a biennial report regarding the work of the personnel division and such special reports as he may consider desirable.
κ1983 Statutes of Nevada, Page 247 (CHAPTER 85, AB 25)κ
report regarding the work of the personnel division and such special reports as he may consider desirable.
[(h)] (j) Maintain a continuous program of recruiting for the public service.
[(i)] (k) Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
________
Assembly Bill No. 29Committee on Government Affairs
CHAPTER 86
AN ACT relating to the state personnel system; revising provisions governing disciplinary proceedings; eliminating review by the advisory personnel commission of the hearing officers decisions; providing for appointment of hearing officers by a majority of the commission; and providing other matters properly relating thereto.
[Approved March 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.091 is hereby amended to read as follows:
284.091 [The chairman] A majority of the members of the commission shall appoint [a] one or more hearing [officer] officers to conduct hearings and render decisions as provided in NRS 284.390 and 284.376.
Sec. 2. NRS 284.376 is hereby amended to read as follows:
284.376 1. Within [30] 10 working days after [receipt of notice] the effective date of a transfer pursuant to the provisions of NRS 284.375, a permanent classified employee who has been transferred without his consent may request in writing a hearing before the hearing officer of the personnel division to determine whether the transfer was made for the purpose of harassing the employee. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive.
2. If the hearing officer determines that the transfer was made for the purpose of harassing the employee, the transfer must be set aside and the employee [shall] must be returned to his former position. If the transfer caused the employee to be away from his original headquarters, the employee is entitled to be paid expense allowances as provided in NRS 281.160 for the period [of time] the transfer was in effect.
3. The decision of the hearing officer is binding on the parties . [, but is subject to review and rehearing by the commission.]
Sec. 3. NRS 284.390 is hereby amended to read as follows:
284.390 1. Within [30] 10 working days after [receipt of a copy of the statement provided for in] the effective date of a dismissal, demotion or suspension pursuant to NRS 284.385, an employee who has been dismissed, demoted or suspended may [, in writing,] request in writing a hearing before the hearing officer of the personnel division to determine the reasonableness of [such] the action.
κ1983 Statutes of Nevada, Page 248 (CHAPTER 86, AB 29)κ
employee who has been dismissed, demoted or suspended may [, in writing,] request in writing a hearing before the hearing officer of the personnel division to determine the reasonableness of [such] the action. If an employee utilizes an internal grievance adjustment procedure adopted by the commission, [such employee shall have 30] he has 10 working days following the final disposition of the internal proceeding to request, in writing, a hearing before the hearing officer.
2. The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employees written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing [or review] calendar of the hearing officer, in which case the hearing [shall] must be scheduled for the earliest possible date after the expiration of the 20 days.
3. [At the hearing of such appeal, technical] Technical rules of evidence do not apply [.] at the hearing.
4. After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.
5. If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, [such] the action [shall] must be set aside and the employee [shall] must be reinstated, with full pay for the period of dismissal, demotion or suspension.
6. The decision of the hearing officer is binding on the parties . [, but is subject to review and rehearing by the commission.
7. Within 30 days after receipt of notice of the decision of the hearing officer rendered pursuant to this section, the employee or the appointing authority may, in writing, request that the commission review such decision for the purpose of determining whether to grant a hearing before the commission.
8. Within 30 days after receipt of a request for review pursuant to subsection 7, the commission shall review the decision of the hearing officer and shall either grant or deny a hearing before the commission.
9. If a hearing before the commission is granted, it shall be held within 60 days after receipt of the request for review and it shall be a hearing de novo. The technical rules of evidence do not apply at such hearing.
10. After the hearing and consideration of the evidence, the commission shall render its decision in writing, setting forth the reasons therefor. The decision of the commission supersedes the decision of the hearing officer and is binding on the parties.]
7. Any petition for judicial review of the decision of the hearing officer must be filed within 30 working days after service of the decision.
Sec. 4. NRS 284.391 is hereby amended to read as follows:
284.391 1. The hearing officer [or the commission or any member thereof] may, upon application of any party to a hearing held pursuant to NRS 284.390 or 284.376, issue subpenas requiring the attendance and testimony of witnesses at the proceeding.
2. The hearing officer may, upon motion of a party, direct that an opposing party participate in a discovery conference at which both parties and their counsel may put questions to the other party and receive answers, or request and receive copies of relevant documents or examine relevant documents and records and any other physical evidence which the opposing party intends to use at the hearing.
κ1983 Statutes of Nevada, Page 249 (CHAPTER 86, AB 29)κ
opposing party participate in a discovery conference at which both parties and their counsel may put questions to the other party and receive answers, or request and receive copies of relevant documents or examine relevant documents and records and any other physical evidence which the opposing party intends to use at the hearing.
3. The hearing officer , [or any member of the commission,] or any agent or agency designated by the commission for such purposes, may administer oaths and affirmations and examine witnesses.
Sec. 5. NRS 284.392 is hereby amended to read as follows:
284.392 A subpena issued pursuant to NRS 284.391 extends to all parts of the state and must be served in accordance with the provisions of N.R.C.P. 4(c). No witness may be required to attend at a place out of the county in which he resides unless the distance is less than 100 miles from his place of residence, except, upon affidavit of any party showing that the testimony of that witness is material and necessary, the hearing officer [or the commission] may endorse on the subpena an order requiring the attendance of the witness in response to the subpena.
Sec. 6. NRS 284.393 is hereby amended to read as follows:
284.393 1. All witnesses appearing pursuant to subpena, other than parties or officers or employees of the state or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for witnesses in civil actions in the district courts.
2. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to fees and mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.
3. Fees for subsistence and transportation expenses must be paid by the party at whose request the witness is subpenaed. The hearing officer [or the commission] may award as costs the amount of all such expenses to the prevailing party.
________
Senate Bill No. 57Committee on Human Resources and Facilities
CHAPTER 87
AN ACT relating to childrens homes; adding to the requirements for admission; and providing other matters properly relating thereto.
[Approved March 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 423.140 is hereby amended to read as follows:
423.140 1. No child [shall] may be admitted to, received into or ordered committed to the northern Nevada childrens home or the southern Nevada childrens home who : [is insane, idiotic, or so mentally or physically deformed as to be incapable of receiving the elements of an education, or who has]
κ1983 Statutes of Nevada, Page 250 (CHAPTER 87, SB 57)κ
southern Nevada childrens home who : [is insane, idiotic, or so mentally or physically deformed as to be incapable of receiving the elements of an education, or who has]
(a) Is developmentally disabled with a moderate or severe mental or physical handicap;
(b) Has any contagious disease [.] ; or
(c) Has been adjudicated delinquent, unless the administrator or a person designated by him gives written approval for admission of the child.
2. Before a child is admitted, the person or agency who refers or commits the child shall:
(a) Ensure that a hearing is conducted on the childs behalf.
(b) Ensure that a basic medical evaluation or a physicians statement indicates that the child has no communicable diseases and has been immunized from the diseases specified in subsection 1 of NRS 432A.230.
(c) Share with the superintendent all records of the childs medical history and his family and all legal records concerning the child. The person or agency shall supply such records when the child is admitted.
________
Assembly Bill No. 128Committee on Labor and Management
CHAPTER 88
AN ACT relating to the reporting of wages; requiring employers to report additional details; and providing other matters properly relating thereto.
[Approved March 27, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 608.115 is hereby amended to read as follows:
608.115 1. Every employer shall establish and maintain [wage information] records of wages for the benefit of his employees, showing for each pay period the following information for each employee:
(a) Gross wage or salary other than compensation in the form of:
(1) Services; or
(2) Food, housing or clothing.
(b) Deductions.
(c) Net cash wage or salary.
(d) Total hours employed in the pay period [, noting the number of overtime hours, when applicable.] by noting the number of hours per day.
(e) Date of payment.
2. The [wage] information required by this section [shall] must be furnished to each employee within 10 days after he submits his request.
3. [Wage information records shall] Records of wages must be maintained for a 2-year period following the entry of information in the record.
κ1983 Statutes of Nevada, Page 251 (CHAPTER 88, AB 128)κ
maintained for a 2-year period following the entry of information in the record.
4. Any employer who knowingly and willfully fails to furnish the wage information required by this section shall be punished by a fine of not more than $250.
________
Senate Bill No. 107Committee on Transportation
CHAPTER 89
AN ACT relating to parcel maps; exempting the department of transportation from filing parcel maps; and providing other matters properly relating thereto.
[Approved March 27, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.461 is hereby amended to read as follows:
278.461 1. A person who proposes to divide any land for transfer or de elopment into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply.
2. A parcel map is not required when the [land] division is for the express purpose of:
(a) Creation or realignment of a public right of way by a public agency.
(b) Creation or realignment of an easement.
(c) Adjustment of the boundary line or the transfer of land between two adjacent property owners which does not result in the creation of any additional parcels.
(d) Purchase, transfer or development of space within an apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or dividing land as a result of an operation of law.
3. A parcel map is not required for any of the following transactions involving land:
(a) Creation of a lien, mortgage, deed of trust or any other security instrument.
(b) Creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.
(d) Conveying an interest in land acquired by the department of transportation under chapters 408 and 409 of NRS.
(e) Filing a certificate of amendment under NRS 278.473.
4. When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When such lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.
κ1983 Statutes of Nevada, Page 252 (CHAPTER 89, SB 107)κ
sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.
5. Unless a method of land division is adopted for the purpose or would have the effect of evading this chapter, the provisions for division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.
________
Assembly Bill No. 200Committee on Taxation
CHAPTER 90
AN ACT relating to local governmental finances; requiring the department to compel the submission of proposed plans of correction for violations which were reported in annual audits; extending the time for a hearing by the Nevada tax commission on those plans; and providing other matters properly relating thereto.
[Approved March 30, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.6245 is hereby amended to read as follows:
354.6245 1. The department of taxation shall review each annual audit to determine whether it complies with regulations adopted pursuant to NRS 354.594. Any independent auditors report, whether upon financial position and results of operations or upon internal financial controls, which the department believes may not comply with those regulations must be referred by the department to the state board of accountancy for investigation and such action in respect to the issuing accountant as the board may find appropriate in the circumstances.
2. In its review of the annual audits submitted, the department shall identify all violations of statute and regulation reported therein. Within 60 days after the delivery of the annual audit to the local government, the governing body shall advise the department what action has been taken to prevent recurrence of each violation of law or regulation or to correct each continuing violation. The department shall evaluate the local governments proposed plan of correction and, if the plan is satisfactory, shall so advise the governing body. If the plan is not satisfactory, the department shall advise the governing body that it deems the plan inadequate and propose an alternative plan. Within 30 days thereafter the governing body shall report its assent to the departments plan or request a hearing before the Nevada tax commission. This hearing must be held [within 30 days of such request and the] at the next meeting of the commission, but the hearing must not be held more than 90 days after such a request is received. The determination of the Nevada tax commission is final.
3. If the governing body fails to submit a proposed plan of correction pursuant to subsection 2, or the executive director determines that the plan established is not being complied with, he must, through the office of the attorney general, seek a writ from a court of competent jurisdiction to compel [the correction of the violation.]
κ1983 Statutes of Nevada, Page 253 (CHAPTER 90, AB 200)κ
office of the attorney general, seek a writ from a court of competent jurisdiction to compel [the correction of the violation.] compliance.
________
Assembly Bill No. 203Committee on Taxation
CHAPTER 91
AN ACT relating to local governmental finance; increasing limit on annual expenditures by special districts which may petition for an exemption from the Local Government Budget Act; requiring such districts to file quarterly reports; and providing other matters properly relating thereto.
[Approved March 30, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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] $65,000 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 is the filing with the department of taxation of an annual budget on or before March 15 of each year [.] and the filing of quarterly reports in accordance with NRS 354.602. Such petitions must be received by the department of taxation 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 audit the financial records of such an exempt district.
2. Such districts 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 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.
________
κ1983 Statutes of Nevada, Page 254κ
Senate Bill No. 190Committee on Finance
CHAPTER 92
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved March 30, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 29Committee on Taxation
CHAPTER 93
AN ACT relating to the taxation of the net proceeds of mines; broadening the meaning of gross yield; and providing other matters properly relating thereto.
[Approved March 30, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 362.120 is hereby amended to read as follows:
362.120 1. The department shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the period covered by the statement.
2. The gross yield must include the value of any product of the mine which was:
(a) Sold;
(b) Exchanged for any thing or service;
(c) Removed from the state in a form ready for use or sale; or
(d) Used in a manufacturing process or in providing a service,
during the period covered by the statement.
3. The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:
(a) The actual cost of extracting the ore from the mines.
(b) The actual cost of transporting the product of the mine to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the product and the conversion of the product into money.
(e) The actual cost of maintenance and repairs of:
(1) All mine machinery, equipment, apparatus and facilities.
(2) All milling, smelting and reduction works, plants and facilities.
κ1983 Statutes of Nevada, Page 255 (CHAPTER 93, SB 29)κ
(3) All [transportation] facilities and equipment for transportation except those that are under the jurisdiction of the public service commission of Nevada as public utilities.
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) . [of this subsection.]
(g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) . [of this subsection.] The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada tax commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.
(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All money paid as contributions under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, [and] all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
(j) The actual cost of [development] developmental work in or about the mine or upon a group of mines when operated as a unit.
(k) All money paid as royalties by a lessee or sublessee of a mine, or by both, constitutes a deductible item for that lessee or sublessee in determining the net proceeds of the lessee or sublessee or both; but the royalties so deducted by the lessee or sublessee constitute part of the gross yield of the mine for the purpose of determining the net proceeds upon which a tax must be levied against the person, corporation, association or partnership to which the royalty has been paid.
[3.] 4. Every person, corporation or [firm] association acquiring property in the State of Nevada [for the purpose of engaging] to engage in mining and who incurs any of the expenses mentioned in subsection [2] 3 shall report those expenses and the recipient of any royalty payments to the department on forms provided by the department.
[4.] 5. The several deductions mentioned in subsection [2] 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:
(a) The working of the mine;
(b) The operating of the mill, smelter or reduction works;
(c) The operating of the [transportation] facilities or equipment [;] for transportation;
(d) Superintending the management of any of those operations; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations.
κ1983 Statutes of Nevada, Page 256 (CHAPTER 93, SB 29)κ
Sec. 2. This act shall become effective on July 1, 1983. The gross yield for the entire calendar year 1983 must be computed pursuant to NRS 362.120 as thus amended.
________
Assembly Bill No. 82Assemblyman Getto
CHAPTER 94
AN ACT relating to nursing; enlarging the functions of the public member and changing the title of the executive secretary of the state board of nursing; and providing other matters properly relating thereto.
[Approved March 31, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.030 is hereby amended to read as follows:
632.030 1. The governor shall appoint:
(a) Four registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.
(b) Two practical nurses who are graduates of an accredited school of practical nursing, are licensed as practical nurses in this state and have been actively engaged in nursing for at least 5 years preceding the appointment.
(c) One member who is s representative of the general public.
2. Each member of the board [shall] must be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
3. A representative of the general public may not:
(a) Have a fiduciary obligation to a hospital or other health agency;
(b) Have a material financial interest in the rendering of health services; or
(c) Be employed in the administration of health activities or the performance of health services.
4. [The representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
5.] No member of the board [shall] may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.
Sec. 2. NRS 632.060 is hereby amended to read as follows:
632.060 1. At the meeting of the board to be held in June of each year, the board shall elect from its members a president, a vice president and a secretary.
2. The board may appoint [and employ] an executive [secretary] director who need not be a member of the board. The executive [secretary] director appointed by the board [shall] must be a professional nurse licensed to practice nursing in the State of Nevada.
κ1983 Statutes of Nevada, Page 257 (CHAPTER 94, AB 82)κ
[secretary] director appointed by the board [shall] must be a professional nurse licensed to practice nursing in the State of Nevada. The executive [secretary] director shall perform such duties as the board may direct and shall receive compensation as set by the board. The executive [secretary shall] director must be reimbursed for his actual and necessary expenses incurred in the performance of his duties . [, and all such payments and reimbursements shall be made pursuant to the provisions of NRS 632.090.]
Sec. 3. NRS 632.070 is hereby amended to read as follows:
632.070 1. The board shall meet [a minimum of] at least three times a year at approximately 4-month intervals for the purpose of transacting such business as may properly come before the board.
2. The board shall hold not less than one examination each year at such times and places as the board may determine.
3. Special meetings of the board may be held on the call of the president or upon the call of any three members. A written notice of the time, place and object of any special meeting [shall] must be mailed by the executive [secretary] director to all members of the board who are not parties to the call at least 15 days prior to the day of such meeting.
4. A majority of the board [shall constitute] constitutes a quorum at any meeting.
Sec. 4. NRS 632.090 is hereby amended to read as follows:
632.090 All [moneys] money received by the board under the provisions of this chapter [shall] must be paid to the executive [secretary] director of the board, who shall deposit [such moneys] the money in banks or savings and loan associations in the State of Nevada. Such [moneys] money may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this chapter.
Sec. 5. NRS 632.341 is hereby amended to read as follows:
632.341 1. The license of every nurse licensed under the provisions of this chapter must be renewed biennially as provided in this section.
2. On or before January 1 of every even-numbered year the executive [secretary] director of the board shall mail [a] an application for renewal of the license [renewal application] to every nurse holding a valid license issued pursuant to the provisions of this chapter.
3. Each applicant for [license renewal shall] renewal of a license must complete the application and return it to the executive [secretary] director together with the fee for the biennial [license] renewal [fee] and proof of completion of the required continuing education before March 1.
4. Upon receipt of the application, fee and proof of continuing education, the board shall verify the accuracy of the application and issue a license to the applicant for the next biennium commencing with March 1 and expiring the last day of February of the next even-numbered year.
5. A licensee who fails to renew his license [as provided in this section] may have his license reinstated by completing [a renewal application] an application for renewal and payment of the reinstatement fee in addition to the renewal fee.
κ1983 Statutes of Nevada, Page 258 (CHAPTER 94, AB 82)κ
section] may have his license reinstated by completing [a renewal application] an application for renewal and payment of the reinstatement fee in addition to the renewal fee.
6. Upon written request to the board, a licensee in good standing may cause his name and license to be transferred to an inactive list, and the licensee may not practice nursing during the time the license is inactive and no renewal fee accrues. If an inactive licensee desires to resume the practice of nursing, the board shall renew the license upon demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current [biennial license renewal] fee [.] for biennial renewal of the license.
________
Assembly Bill No. 141Assemblymen Stone, Nevin, Price, Bogaert, Malone, Nicholas, Sader, Sedway, Schofield, Kovacs, Bremner, Redelsperger, Kerns, Beyer, Brady, Francis, Marvel, Bilyeu, Humke, Thomas, Collins, Thompson, Joerg, Fay, Zimmer, Ham, Bourne, Berkley, Swain and Perry
CHAPTER 95
AN ACT relating to dairy products; allowing a retailer to give a discount to the elderly; and providing other matters properly relating thereto.
[Approved March 31, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 584 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A retailer may sell dairy products at a discount to an elderly consumer. The discount must not be given to any consumer who is less than 62 years of age.
2. The discount must not reduce the price of the dairy product below the minimum retail price, if any, established by the commission.
3. If the retailer offers the discount, he shall post a sign at his retail store indicating the:
(a) Age of the consumers who may receive the discount;
(b) Type of identification needed to obtain the discount, if such identification is required by the retailer; and
(c) Amount of the discount.
Sec. 2. NRS 584.568 is hereby amended to read as follows:
584.568 1. Each stabilization and marketing plan may contain provisions fixing the price at which fluid milk and fluid cream is sold by producers, distributors and retailers and must contain provisions regulating all discounts allowed by producers, distributors and retailers [.] , except those discounts offered by retailers to elderly consumers.
2. If the commission establishes minimum prices to be paid by distributors to producers the commission shall consider, but is not [be] limited to [,] considering, the following factors:
(a) Cost of production.
κ1983 Statutes of Nevada, Page 259 (CHAPTER 95, AB 141)κ
(b) Reasonable return upon capital investment.
(c) Producer transportation costs.
(d) Cost of compliance with health regulations.
(e) Current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for such fluid milk and fluid cream.
3. If the commission establishes minimum prices to be paid by retailers to wholesalers and by consumers to retailers the commission shall consider, but is not [be] limited to [,] considering, the following factors:
(a) The quantities of fluid milk or fluid cream, or both, distributed in the marketing area covered by the stabilization and marketing plan.
(b) The quantities of fluid milk or fluid cream, or both, normally required by consumers in such marketing area.
(c) The cost of fluid milk and fluid cream to distributors and retail stores, which is the price paid by distributors to producers and the price paid by wholesale customers to distributors, as established pursuant to NRS 584.325 to 584.690, inclusive.
(d) The reasonable cost of handling fluid milk and fluid cream incurred by distributors and retail stores, respectively, including all costs of hauling, processing, selling and delivering by the several methods used in such marketing area in hauling, processing, selling and delivering, as such costs are determined by impartial audits of the books and records, or surveys, or both, of all or such portion of the distributors and retail stores, respectively, of each type or class in such marketing area as are reasonably determined by the commission to be sufficiently representative to indicate the costs of all distributors and retail stores, respectively, in the marketing area.
Sec. 3. NRS 584.570 is hereby amended to read as follows:
584.570 1. No distributor may engage in any of the practices set forth in paragraphs (a) to (d), inclusive, of subsection 2 of this section, whether or not a stabilization and marketing plan is in effect in the area in which he carries on his business.
2. Each stabilization and marketing plan must contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices set forth in this subsection:
(a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.
(b) The giving of any milk, cream, dairy products, substitute dairy products as defined in NRS 584.176, services or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
(c) The extension to certain customers of special prices or services not made available to all customers who purchase fluid milk, fluid cream, dairy products, or substitute dairy products as defined in NRS 584.176, of like quantity under like terms and conditions.
(d) The purchase of any fluid milk in excess of 200 gallons monthly from any producer or association of producers unless a written contract has been entered into with the producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of milk to be paid for as class 1 in pounds of milk, pounds of milk fat or gallons of milk, and the price to be paid for all milk received.
κ1983 Statutes of Nevada, Page 260 (CHAPTER 95, AB 141)κ
from any producer or association of producers unless a written contract has been entered into with the producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of milk to be paid for as class 1 in pounds of milk, pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract must also state the date and method of payment for the fluid milk, which must be that payment must be made for approximately one-half of the milk delivered in any calendar month not later than the 1st day of the next following month and the remainder not later than the 15th day of the month, the charges for transportation if hauled by the distributor, and may contain other provisions which are not in conflict with NRS 584.325 to 584.690, inclusive. The contract must also provide that the producer is not obligated to deliver in any calendar month fluid milk which is to be paid for at the lowest class price for milk usage established by the commission for that area. A signed copy of the contract must be filed by the distributor with the commission within 5 days from the date of its execution.
The provisions of this subsection relating to dates of payment do not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.
3. This section does not apply to discounts offered by a retail store to elderly consumers.
Sec. 4. NRS 584.690 is hereby amended to read as follows:
584.690 NRS 584.325 to 584.685, inclusive, [applies] and section 1 of this act, apply to retail stores in the following particulars only:
1. The examination by the commission of the purchase records of retail stores from distributors.
2. The unfair practices prohibited in NRS 584.570, 584.582 and 584.583, and the penalties provided in NRS 584.670.
3. The provisions of any stabilization and marketing plan which includes retail stores.
4. The provisions for discounts to elderly consumers.
________
Assembly Bill No. 180Assemblyman Banner
CHAPTER 96
AN ACT relating to county clerks; changing the duties of the clerks relating to the satisfaction of judgments, trustees of trusts, executors or administrators of estates, bail bond registers and actions for child support; authorizing the charging of fees to resident agents and persons filing actions for child support; providing a penalty for offenses concerning their records; and providing other matters properly relating thereto.
[Approved March 31, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 17.200 is hereby amended to read as follows:
17.200 Satisfaction of a judgment may be entered in the clerks docket [upon] if an execution is returned satisfied, [or upon] and if an acknowledgment of satisfaction is filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or [within 1 year after the judgment,] by the attorney, unless a revocation of his authority [be] is previously filed.
κ1983 Statutes of Nevada, Page 261 (CHAPTER 96, AB 180)κ
docket [upon] if an execution is returned satisfied, [or upon] and if an acknowledgment of satisfaction is filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or [within 1 year after the judgment,] by the attorney, unless a revocation of his authority [be] is previously filed. Whenever a judgment [shall be] is satisfied in fact, [otherwise than upon execution,] the party or attorney shall give such an acknowledgment, and [upon motion] the party who has satisfied the judgment may move the court [may] to compel it [,] or [may] to order the [entry of] clerk to enter the satisfaction [to be made without it.] in the docket of judgment.
Sec. 2. NRS 78.095 is hereby amended to read as follows:
78.095 1. The location of the office of any resident agent of corporations in any city or town in this state may be transferred from one address to another, in the same city or town, upon the making and executing by [such] the resident agent of a certificate, [duly] acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds, setting forth the names of all the corporations represented by [such] the resident agent, and the address at which [such] the resident agent has maintained the principal office for each of such corporations, and further certifying to the new address to which [such] the resident agency will be transferred and at which [new address such] the resident agent will thereafter maintain the principal office for each of the corporations recited in the certificate.
2. Upon the filing of [such] the certificate in the office of the secretary of state and a copy thereof in the office of the county clerk of the county where the principal place of business is located, the principal office in this state of each of the corporations received in the certificate [shall be] is located at the new address of the resident agent thereof as given in the certificate.
[3. No fees shall be charged by the secretary of state or county clerk for filing the certificate.]
Sec. 3. NRS 126.291 is hereby amended to read as follows:
126.291 1. Proceedings to compel support by a nonsupporting parent may be brought in accordance with this chapter. They are not exclusive of other proceedings. [No filing fees may be charged for bringing or maintaining the proceeding, but the] The court may assess the usual filing fees, charges or court costs against the nonsupporting parent and shall enforce their collection with the other provisions of the judgment as provided in NRS 126.341.
2. When the district attorney is requested to bring an action to compel support or an action to determine paternity, he may charge the requester a fee of not more than $20 for an application. A fee may not be assessed against the State of Nevada when acting as a party to an action brought pursuant to this chapter.
3. If the court finds that a parent and child relationship exists, it may assess against the nonsupporting parent, in addition to any support obligation ordered a reasonable collection fee. If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.
κ1983 Statutes of Nevada, Page 262 (CHAPTER 96, AB 180)κ
required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.
4. All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the countys program for the enforcement of support obligations.
Sec. 4. NRS 126.295 is hereby amended to read as follows:
126.295 The complaint [shall] must be in writing or if it is oral and in the presence of the complainant must be reduced to writing by the judge or magistrate . [or the clerk of the court.] It [shall] must be verified by oath or affirmation of the complainant.
Sec. 5. NRS 143.190 is hereby amended to read as follows:
143.190 1. Before letters testamentary, or letters of administration, or letters of administration with the will annexed, are delivered to any executor or administrator, he shall file with the county clerk of the county in which the administration of the estate is pending a written statement containing his name and his permanent address, which permanent address may, from time to time, be changed by him by filing with the county clerk a written statement giving his changed address. His permanent address shall be deemed to be that contained in the last statement so filed by him.
2. The taking of his oath of office by an executor or by an administrator, or by an administrator with the will annexed, shall be deemed to be and [shall be] is the equivalent of an appointment by him of the county clerk of the county in which the administration of the estate is pending to be his true and lawful attorney, upon whom all legal process in any action or proceeding against the executor or administrator may be served, with the same legal force and effect as if served upon him personally within the State of Nevada.
3. Service of process [shall] may be made by [leaving] mailing by registered or certified mail a copy of the process (and if [such process be] the process is a summons, there [shall] must be attached thereto a copy of the complaint certified by the clerk or the plaintiffs attorney ) [, and such summons and certified copy of the complaint shall be included in the words, copy of the process), with a fee of $2, in the hands of the county clerk. Such] directly to the executor or administrator at the address contained in the statement filed by him. This service [shall be] is sufficient personal service [and shall be the equivalent of personal service] upon the executor or administrator [within this state, provided that notice] if proof of such service [and a copy of the process are forthwith sent by] is filed in the office of the county clerk . [, by registered or certified mail, to the executor or administrator, addressed to him at his last permanent address shown by his statement filed with the county clerk as provided in subsection 1, with postage fully prepaid thereon, and an affidavit or affidavits showing compliance herewith is or are appended to the original process and returned and filed in the action in which it was issued.]
κ1983 Statutes of Nevada, Page 263 (CHAPTER 96, AB 180)κ
4. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
5. The foregoing method of service is cumulative, and [shall] does not prevent the personal service of process upon the defendant within the State of Nevada.
Sec. 6. NRS 147.130 is hereby amended to read as follows:
147.130 1. When a claim is rejected by the executor or administrator or the district judge, in whole or in part, the holder [shall] must be immediately notified by the executor or administrator, and the holder must bring suit in the proper court against the executor or administrator within 60 days after such notice, whether the claim is due or not; otherwise the claim [shall be] is forever barred. If the holder of a claim resides out of the county, he may be informed of the rejection of his claim by written notice forwarded to his post office address by registered or certified mail.
2. In any suit upon a claim rejected in whole or in part by the executor or administrator, if the executor or administrator resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the summons, together with a certified copy of the complaint, [may be served upon] must be mailed directly to the last address given by the executor or administrator, and proof of the mailing must be filed with the county clerk of the county [within which] where the administration of the estate is pending [, in the manner prescribed in NRS 143.190, and such] . This service is [hereby made] the equivalent of personal service upon the executor or administrator, but the defendant [shall have] has 30 days from the date of such service within which to answer.
3. [In the event that] If the defendant defaults after such service, the default [shall be] is sufficient grounds for his removal as executor or administrator by the court [, and] without notice [; whereupon, upon] . Upon petition and notice, in the manner provided for an application for letters of administration, an administrator, or an administrator with the will annexed, as the case may be, [shall] must be appointed by the court and, upon his qualification as such, letters of administration, or letters of administration with the will annexed, [shall] must be issued.
Sec. 7. NRS 153.020 is hereby amended to read as follows:
153.020 1. Where any trust, life estate, or estate for years has been created by or under any will to continue after distribution, the district court [shall] does not lose jurisdiction of the estate by final distribution but, except as provided in this subsection, [shall retain] retains jurisdiction of it [for the purpose of the settlement of] to settle the accounts under the trusts, life tenancies, or estates for years and for the distribution of the residue to those entitled to it. The distribution may be upon petition of the trustee, his successor in interest, or of any person entitled to share in the distribution. The court may transfer supervision of the trust to another court within or outside this state as provided in NRS 164.130.
κ1983 Statutes of Nevada, Page 264 (CHAPTER 96, AB 180)κ
supervision of the trust to another court within or outside this state as provided in NRS 164.130.
2. Any trustee of any trust created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, petition for the settlement of his accounts as trustee before the district court in which the will was probated in the manner provided for the settlement of the accounts of executors and administrators.
3. The trustee shall, for that purpose, present to the court a verified petition setting forth the accounts in detail, with a report showing the condition of the trust estate and a verified statement of the trustee giving names and post office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing and the trustee shall give notice of not less than 10 days by causing notice of the hearing to be posted at the courthouse of the county where the proceedings are pending, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper.
4. Any trustee of any trust created by any will or appointed to execute any trust created by any will shall, at its termination, petition for the settlement of his accounts as trustee in the manner provided in chapter 165 of NRS.
Sec. 8. NRS 178.542 is hereby amended to read as follows:
178.542 Each county clerk shall maintain a [bail bond register in which] record containing the following information [relative to] for each bail bond accepted by a [justices or] district court within the county : [or the supreme court as hereafter provided shall be recorded:]
1. The name of the defendant;
2. The name of the surety;
3. The amount of the bond;
4. The name of the court admitting the defendant to bail and the case number;
5. The date of exoneration or forfeiture of the bond;
6. The book and page of the minute order declaring the exoneration or forfeiture; and
7. The date of notice to the district attorney of any forfeiture of the bond.
Sec. 9. NRS 178.544 is hereby amended to read as follows:
178.544 1. Whenever a person is admitted to bail in a justices court and the bail is put in by a written undertaking, the justice of the peace admitting [such] that person to bail, or the clerk of the justices court if there is one, shall [file with the county clerk of the county in which the court is located a notice containing:] record:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d) The name of the court;
(e) The case number; and
κ1983 Statutes of Nevada, Page 265 (CHAPTER 96, AB 180)κ
(f) Such other information as [the county clerk may] is reasonably [require.] necessary to complete the record.
[Upon registration of the bond described in the notice, the county clerk shall issue a receipt for the notice which shall bear the number assigned to the bond in the bail bond register.]
2. When the bond is exonerated or forfeited, the justice of the peace declaring the exoneration or forfeiture, or the clerk of the justices court if there is one, shall [file a notice with the county clerk containing:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d)] record:
(a) The date of the exoneration or forfeiture;
[(e)] (b) The book and page of the minute order declaring the exoneration or forfeiture; and
[(f) The registration number assigned to the bond in the bail bond register.]
(c) The date of notice to the district attorney of any forfeiture of the bond.
Sec. 10. NRS 178.546 is hereby amended to read as follows:
178.546 1. Whenever a person is admitted to bail by the supreme court or a justice of the supreme court, the clerk of the supreme court shall [file with the county clerk of the county where the defendant was convicted, or if no conviction has been had, of the county where the defendant was incarcerated, a notice containing:] record:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond; and
(d) The case number.
[Upon registration of the bond described in the notice, the county clerk shall issue a receipt for the notice which shall bear the number assigned to the bond in the bail bond register.]
2. When the bond is exonerated or forfeited, the clerk of the supreme court shall [file with the county clerk with whom the first notice was filed a notice containing:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d)] record:
(a) The date of the exoneration or forfeiture;
[(e)] (b) The file number of the order declaring the forfeiture or exoneration; [and
(f) The registration number assigned to the bond in the bail bond register.]
(c) The name of the county where the defendant was convicted or if no conviction has been had, of the county where the defendant was incarcerated; and
(d) The date of the notice to the district attorney of the appropriate county of any forfeiture of the bond.
κ1983 Statutes of Nevada, Page 266 (CHAPTER 96, AB 180)κ
Sec. 11. NRS 178.548 is hereby amended to read as follows:
178.548 [1. The county clerk shall record in the bail bond register the information contained in the notices which are filed with him pursuant to NRS 178.544 and 178.546 and shall obtain and record the necessary information relating to all bail bonds filed in the district court of the county.
2. No bail bond may be filed in any case file unless it has been registered by the county clerk and the registration number assigned to such bond in the bail bond register is recorded on the face of the bond.
3.] The county clerk , the justice of the peace or the clerk of the justices court, if there is one, or the clerk of the supreme court shall notify the district attorney of the appropriate county, in writing promptly upon the receipt of information indicating that a bail bond has been forfeited.
Sec. 12. NRS 239.300 is hereby amended to read as follows:
239.300 Any person who:
1. Steals, embezzles, corrupts, alters, withdraws, falsifies or avoids any record, process, charter, gift, grant, conveyance, bond or contract;
2. Knowingly or willfully, takes off, discharges or conceals any issue, forfeited recognizance or other forfeiture;
3. Forges, defaces or falsifies any document or instrument recorded [,] or filed in any court, or any registered acknowledgment or certificate; or
4. [Alters,] Steals, alters, defaces or falsifies any minute, document, book or any proceedings of or belonging to any public office within this state,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
Sec. 13. NRS 485.301 is hereby amended to read as follows:
485.301 1. Whenever any person fails within 60 days to satisfy any judgment, [upon the written request of] the judgment creditor or his attorney [, the clerk of the court, or the judge of a court which has no clerk, in which any such judgment is rendered within this state shall] may forward to the division immediately after the expiration of [such] the 60 days a certified copy of [such] the judgment.
2. If the defendant named in any certified copy of a judgment reported to the division is a nonresident, the division shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state [of] in which the defendant is a resident.
________
κ1983 Statutes of Nevada, Page 267κ
Senate Bill No. 126Committee on Commerce and Labor
CHAPTER 97
AN ACT relating to certain businesses which sell or issue checks or receive for transmission or transmit money or credit; authorizing the superintendent of banks to accept reports of audits in lieu of conducting annual examinations; and providing other matters properly relating thereto.
[Approved March 31, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 671.120 is hereby amended to read as follows:
671.120 1. [Once] Except as provided in subsection 4, once each year the superintendent shall examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensees business, and the superintendent may conduct such examinations at additional times.
2. For the purpose of the examinations, the superintendent [is entitled to] may enter upon any of the business premises of a licensee or his agents and obtain access to the relevant documents. Any obstruction or denial of such an entry or access is a violation of this chapter.
3. For each [such] examination the superintendent shall charge and collect from the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the [examination] report.
4. The superintendent may accept a report of an audit of the licensee which covers the most recent fiscal year in lieu of conducting an examination.
________
Senate Bill No. 38Senator Jacobsen
CHAPTER 98
AN ACT relating to state property; requiring the custodian of any such property to submit monthly reports to the purchasing division of the department of general services and the department of administration listing all equipment which has been lost, stolen or exchanged or is deemed excess; and providing other matters properly relating thereto.
[Approved March 31, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.
(b) Establish or cause to be established an adequate [identification] scheme for identification of all such property and equipment.
κ1983 Statutes of Nevada, Page 268 (CHAPTER 98, SB 38)κ
(c) Cause adequate records of that equipment and property to be maintained.
2. Each using agency shall submit a list on or before the last day of each month to the purchasing division and the department of administration of all equipment for which it is responsible which was lost, stolen, exchanged or deemed excess within the previous month. The list must be prepared by the officer entrusted with custody of the equipment and be approved by the officers supervisor or the head of his department or agency. A monthly physical count is not required for the preparation of the list.
3. The chief may transfer tools, implements, machinery or other equipment in the possession of any using agency, when that equipment is not necessary for the use of the agency, to such other agency or agencies as may have need therefor.
[3.] 4. The records of property and equipment of the state must be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between those officers. Each using agency shall conduct an annual physical count of all property and equipment charged to it and shall reconcile the results of the annual physical count with the [inventory] records of inventory maintained by the chief. The chief shall maintain the current [inventory] records of inventory for each state agency.
[4.] 5. The regulations of the chief must prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Except as provided in subsection [5,] 6, the regulations must provide that no property may be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $500 may be sold except through notice published in a newspaper circulated in the area in which the sale is made.
[5.] 6. Before accepting other bids, the chief shall offer used highway patrol vehicles to the office of the sheriff of each county and to police departments of each city in the state and shall sell the vehicles to the highest bidder, if any, from those offices or departments. Bids and acceptance thereof must be made in accordance with regulations established by the chief.
Sec. 2. NRS 333.462 is hereby amended to read as follows:
333.462 Whenever the department of transportation declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of the department, or requests that any such tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection [2] 3 of NRS 333.220, the chief shall, notwithstanding the provisions of subsection [4] 5 of NRS 333.220, offer the property for sale in accordance with the provisions of NRS 333.463 to 333.468, inclusive, to the various counties, incorporated cities, volunteer fire departments, Nevada Wing 96 of the Civil Air Patrol or any squadron thereof, and Indian tribes in this state recognized by the United States.
κ1983 Statutes of Nevada, Page 269 (CHAPTER 98, SB 38)κ
Nevada Wing 96 of the Civil Air Patrol or any squadron thereof, and Indian tribes in this state recognized by the United States.
________
Assembly Bill No. 185Committee on Judiciary
CHAPTER 99
AN ACT relating to paroles; revising the requirements for an inquiry and hearing to determine probable cause for the violation of a condition of parole; and providing other matters properly relating thereto.
[Approved March 31, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.1511 is hereby amended to read as follows:
213.1511 1. Before a parolee who has been arrested and is in custody for a violation of his parole may be returned to the custody of the Nevada state prison for that violation , [of a condition of his parole,] an inquiry [shall] must be conducted to determine whether there is probable cause to believe that he has committed acts that would constitute such a violation.
2. The inquiry [shall] must be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of [parole] the violation; and
(c) Has not recommended revocation of the parole,
but he need not be a judicial officer.
3. Except in a case where the parolee is a fugitive, the inquiry [shall] must be held at or reasonably near the place of the alleged violation or the arrest and as promptly as convenient after the arrest.
4. Any conviction for violating a federal or state law or a local ordinance, except a minor traffic offense, which is committed while the prisoner is on parole constitutes probable cause for the purposes of subsection 1 and the inquiry required therein need not be held.
5. For the purposes of this section, the inquiring officer may administer oaths.
Sec. 2. NRS 213.1513 is hereby amended to read as follows:
213.1513 1. The board or detaining authority shall give the arrested parolee advance notice of:
(a) The place and time of the inquiry.
(b) The purpose of the inquiry.
(c) What [parole] violations of the conditions of his parole have been alleged.
2. The inquiring officer shall allow the parolee to:
(a) Appear and speak on his own behalf.
(b) Obtain counsel.
(c) Present any relevant letters or other documents and any person who can give relevant information.
κ1983 Statutes of Nevada, Page 270 (CHAPTER 99, AB 185)κ
(d) Confront and question any person who [has given adverse information on which a revocation of his parole may be based,] appears against him unless , in the opinion of the inquiring officer , the [person] informant would be subjected to a risk of harm by the disclosure of his identity.
Sec. 3. NRS 213.1517 is hereby amended to read as follows:
213.1517 1. Where the inquiring officer has determined that there is probable cause for a hearing by the board, the chief parole and probation officer may, after consideration of the case and pending the next meeting of the board:
(a) Release the arrested parolee again upon parole; or
(b) Suspend his parole and return him to confinement.
2. The chief parole and probation officer shall take whichever action under subsection 1 he deems appropriate within:
(a) Fifteen days if the prisoner was paroled by the board.
(b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
3. [Any conviction for violating a federal, state or local law, except a minor traffic offense, which is committed while the prisoner is on parole constitutes probable cause for the purposes of subsection 1 and the hearing required therein need not be held.
4.] If a determination has been made that probable cause exists for revocation of the parole of a paroled prisoner, the board shall consider the prisoners case within 60 days after his return to the custody of the department of prisons.
________
Assembly Bill No. 181Committee on Judiciary
CHAPTER 100
AN ACT relating to probation; limiting the preliminary inquiry into a violation of a condition of probation to probationers who are held in custody and limiting the persons they may confront and question; transferring responsibility for certain duties respecting the inquiry; and providing other matters properly relating thereto.
[Approved April 1, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.216 is hereby amended to read as follows:
176.216 1. Before a probationer in custody for a violation of a condition of his probation may be returned to the court for that violation , [of a condition of his probation,] an inquiry must be conducted to determine whether there is probable cause to believe that he has committed any act that would constitute such a violation.
2. The inquiry must be conducted before an inquiring officer who:
κ1983 Statutes of Nevada, Page 271 (CHAPTER 100, AB 181)κ
(a) Is not directly involved in the case;
(b) Has not made the report of violation of the probation; and
(c) Has not recommended revocation of the probation,
but he need not be a judicial officer.
3. Except in a case where the probationer is a fugitive or is under supervision in another state, the inquiry must be held at or reasonably near the place of the alleged violation or the arrest and must be held:
(a) If the probationer is on probation from another state and under supervision in this state, not later than 30 days after his arrest.
(b) If he is on probation from a Nevada court, promptly and not later than 15 days after his arrest and confinement on the charge that he has violated a condition of his probation or after an order has been filed to hold him on that charge if he is already confined on another charge. The time for the inquiry may be extended if, within the 15-day period, the probationer is released from confinement or the order that he be held is withdrawn.
4. Any conviction for violating a federal, state or local law, except a minor traffic offense, which is committed while the probationer is on probation constitutes probable cause for the purposes of this section and an inquiry need not be held.
5. For the purposes of this section, the inquiring officer may administer oaths and issue subpenas to compel the attendance of witnesses and the production of books and papers.
Sec. 2. NRS 176.217 is hereby amended to read as follows:
176.217 1. The [board] parole and probation officer or detaining authority shall give the arrested probationer advance notice of:
(a) The place and time of the inquiry.
(b) The purpose of the inquiry.
(c) What violations of probation have been alleged.
2. The inquiring officer shall allow the probationer to:
(a) Appear and speak on his own behalf.
(b) Obtain counsel.
(c) Present any relevant letters or other documents and any person who can give relevant information.
(d) Confront and question any person who [has given adverse information on which a revocation of his probation may be based,] appears against him, unless in the opinion of the inquiring officer the person would be subjected to a risk of harm by disclosure of his identity.
________
κ1983 Statutes of Nevada, Page 272κ
Senate Bill No. 125Committee on Commerce and Labor
CHAPTER 101
AN ACT relating to banks; requiring banks to submit reports at the same time and in the same form as federal reports; and providing other matters properly relating thereto.
[Approved April 1, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 665.105 is hereby amended to read as follows:
665.105 1. Every bank shall make at least [three reports, upon call,] four reports each year [, and more often if requested,] to the superintendent [. The reports shall be prepared by the cashier or by any competent person approved by the superintendent, and shall be] at the same times and substantially in the form of similar reports required [periodically of national banking associations] by the Comptroller of the Currency [.] , the Federal Reserve Bank or the Federal Deposit Insurance Corporation.
2. [Such reports shall] The bank shall make additional reports within 10 days after the receipt of a request therefor from the superintendent.
3. The reports must be prepared by the cashier or by any competent person approved by the superintendent and be verified by the oath or affirmation of [its] the president or vice president and cashier, the person by whom the reports were prepared, and by at least three of the directors.
[3.] 4. Each report [shall:] must:
(a) Exhibit in detail, and under the appropriate heads, the resources and liabilities and a profit and loss account of [such] the bank at the close of business on any past day specified by the superintendent.
(b) Be [transmitted to the superintendent within 10 days after the receipt of a request or requisition therefor by him.
(c) Be] published in condensed form, according to the requirements of the superintendent, within 10 days after the report is made, in a newspaper published in the county in which such bank is established, for one insertion, at the expense of the bank. Such proof of publication [shall] must be furnished within 5 days after the date of publication as may be required by the superintendent.
[4.] 5. The superintendent may call for special reports, which need not be published, from any bank whenever, in his judgment, [such] the reports are necessary in order to gain [a full and] complete knowledge of its condition.
[5. The prior date specified by the superintendent for reports, other than special reports, shall be the day designated by the Comptroller of the Currency for reports of national banking associations.]
________
κ1983 Statutes of Nevada, Page 273κ
Assembly Bill No. 241Committee on Commerce
CHAPTER 102
AN ACT relating to the subdivision of land; authorizing the real estate division of the department of commerce to establish fees for inspecting proposed advertising of subdivisions for sale and for inspecting the subdivisions; and providing other matters properly relating thereto.
[Approved April 1, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 119.120 is hereby amended to read as follows:
119.120 1. The provisions of this chapter do not apply, unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:
(a) By a purchaser of any [subdivision] lot, parcel, interest or unit [thereof] of a subdivision for his own account in a single or isolated transaction.
(b) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is more than 80 acres in size. For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision must be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.
(c) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is at least:
(1) One-sixteenth of a section as described by a government land office survey, but not less than 35 acres; or
(2) Forty acres in area, including roadways and easements,
but not more than 80 acres in size, so long as the form and content of the advertising to be used is filed and approved in compliance with [subsection 7 of NRS 119.180,] section 6 of this act, but the disclosure required by NRS 119.183 must be made. The size of undivided interests must be computed as provided in paragraph (b) . [of this subsection.]
(d) To any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition.
(e) By any person licensed in the State of Nevada to construct residential buildings [and where such] if the land being offered or disposed of is to include a residential building when disposition is completed.
(f) Pursuant to the order of any court of this state.
(g) By any government or [government] governmental agency.
(h) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.
κ1983 Statutes of Nevada, Page 274 (CHAPTER 102, AB 241)κ
(i) To securities or units of interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.
(j) To cemetery lots.
2. Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter does not apply to the sale or lease of real estate which is free and clear of all liens, encumbrances and adverse claims if each purchaser or his spouse has personally inspected the lot which he purchased and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with regulations of the division. As used in this subsection, the terms liens, encumbrances and adverse claims are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.
3. The division may , [from time to time,] pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to such subdivision or lots, parcels, units or interests is not necessary in the public interest and for the protection of purchasers.
4. Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, is subject to all of the requirements of this chapter, except that its developer may file with the division a copy of an effective statement of record filed with the Secretary of Housing and Urban Development. To the extent that the information contained in the effective statement of record provides the division with information required under this chapter, the effective statement of record may substitute for information otherwise required under this chapter.
5. An exemption pursuant to this chapter is not an exemption from the provisions of NRS 278.010 to 278.630, inclusive.
Sec. 2. NRS 119.180 is hereby amended to read as follows:
119.180 [1.] No subdivision or lot, parcel or unit in any subdivision may be sold:
[(a)] 1. Until the division has approved a written plan or the methods proposed to be employed for the procurement of prospective purchasers, the sale to purchasers and the retention of purchasers after sale . [, which] The plan or methods [shall] must describe with particularity:
[(1)] (a) The form and content of advertising to be used;
[(2)] (b) The nature of the offer of gifts or other free benefits to be extended;
κ1983 Statutes of Nevada, Page 275 (CHAPTER 102, AB 241)κ
[(3)] (c) The nature of promotional meetings involving any person or act described in this paragraph;
[(4)] (d) The contracts, agreements and other papers to be employed in the sale of [such] the property; and
[(5)] (e) Such other reasonable details as may be required by the division.
The written plan, or the methods proposed, may be filed as a part of the application under NRS 119.140 and [shall constitute and be treated as] constitutes a part thereof.
[(b)] 2. Except through a broker, and [prior to] before any offering or disposition, pursuant to any license granted under this chapter, the name of [such broker shall] the broker must be placed on file with the division. Only that broker or his real estate salesman may offer or sell subdivision property or any interest therein. [Prior to such salesmans offering or selling such] Before a salesman offers or sells any property or interest, the salesmans name [shall] must be placed on file with the division. [Additionally, the] The broker and salesman, if any, shall:
[(1)] (a) Complete an application in such form and containing such reasonable information as the division may require.
[(2)] (b) Pay the fees prescribed in this chapter.
Brokers and salesmen may represent only one developer at any one time [, and] in connection with sales governed by this chapter. A broker and a salesman may transfer their representation to a different developer only after completing an application in such form and containing such reasonable information as the division may require and paying the fees prescribed in this chapter . [, except, notwithstanding the provisions of this subsection, a broker of record may conduct his own separate brokerage business in compliance with chapter 645 of NRS.
2. No person, except a registered representative of the developer or a broker or salesman who has complied with this section, may induce, solicit or attempt to have any person attend any offer or sale of subdivision property or any interest therein. A broker is responsible for the inducing and soliciting activities of the registered representative so utilized. The registered representative and the developer are both required to comply with the same standards of business ethics as are applied to licensed real estate brokers and salesmen. A registered representative shall not make statements of any kind concerning prices, interests or values of the subdivision property; his sole function is inducing and soliciting persons to attend an offer or sale of subdivision property and handing out information approved by the division. The registered representatives activities shall strictly conform to the written plan approved by the division in this section.
3. Prior to engaging in any activities specified in subsection 2, each registered representative of the developer, under such regulations as the division may promulgate, shall:
(a) Complete an application in such form and containing such reasonable information as the division may require.
κ1983 Statutes of Nevada, Page 276 (CHAPTER 102, AB 241)κ
(b) Pay the fees prescribed in this chapter. Such registered personnel shall be known as registered representatives of the developer and may not use the term licensee. Real estate brokers and salesmen licensed in the State of Nevada may function as registered representatives upon the completion of whatever application and the submission of whatever reasonable information the division may prescribe, and upon the payment of the fees prescribed in this chapter.
4. The information required to be provided by NRS 119.140 shall be given to and reviewed with each purchaser by the broker, registered representative or salesman prior to the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of such information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements shall be kept in the brokers files within the State of Nevada for a period of 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and is subject to such inspection and audit as may be prescribed by regulations of the division.
5. Any contract or agreement for the sale of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120, where such information has not been given to and reviewed with the purchaser more than 3 days in advance of his signing such contract or agreement, may be revoked by the purchaser within 3 days after he signed or after receipt by him of such information, whichever is the later, and the contract or agreement shall so provide, except that the contract or agreement may stipulate that the foregoing revocation authority shall not apply in the case of a purchaser who has received the information and inspected the subdivision in advance of signing the contract or agreement.
6. Any such revocation shall be in writing in form prescribed by the division and shall be communicated to the broker within the time limited by this section and all moneys paid by the purchaser under such revoked contract or agreement shall be returned to him immediately by the broker, without any deductions.
7. No subdivision consisting of land situated in the State of Nevada may be advertised or offered for sale within or outside the State of Nevada until such advertising and offering is approved by the division. Each such advertisement shall contain the processing number assigned by the division. Each application for approval of advertising shall be accompanied by a filing fee not to exceed $25, according to a schedule of fees to be established by the division. The division shall render a decision upon an application for approval of an advertising or offering within 30 days from the date such application is filed. The division shall adopt regulations to accomplish the purpose of this section.]
Sec. 3. Chapter 119 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 6, inclusive, of this act.
Sec. 4. 1. No person, except a registered representative of the developer or a broker or salesman who has complied with NRS 119.180 may induce, solicit or attempt to have any person attend any offer or sale of subdivision property or any interest therein.
κ1983 Statutes of Nevada, Page 277 (CHAPTER 102, AB 241)κ
sale of subdivision property or any interest therein. A broker is responsible for the inducing and soliciting activities of his registered representative. The registered representative and the developer must comply with the same standards of business ethics as apply to licensed real estate brokers and salesmen. A registered representative shall not make statements of any kind concerning prices, interests or values of the subdivision property. His activities must be limited to inducing and soliciting persons to attend an offer or sale of subdivision property and handing out information approved by the division and he shall strictly conform to the written plan approved by the division pursuant to NRS 119.180.
2. Before engaging in any activities specified in subsection 1, each registered representative of the developer, under such regulations as the division may promulgate, shall:
(a) Complete an application in such form and containing such reasonable information as the division may require.
(b) Pay the fees prescribed in this chapter. Such a person shall be known as a registered representative of the developer and may not use the term licensee. Real estate brokers and salesmen licensed in the State of Nevada may function as registered representatives upon the completion of whatever application and the submission of whatever reasonable information the division may prescribe, and upon the payment of the fees prescribed in this chapter.
Sec. 5. 1. The information submitted pursuant to NRS 119.140 must be given to and reviewed with each purchaser by the broker or salesman before the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of the information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements must be kept in the brokers files within the State of Nevada for a period of 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and is subject to such inspection and audit as may be prescribed by regulations of the division.
2. Any contract or agreement for the sale of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120, where the information submitted pursuant to NRS 119.140 has not been given to and reviewed with the purchaser more than 3 days in advance of his signing the contract or agreement, may be revoked by the purchaser within 3 days after he signed or after receipt by him of the information, whichever is later, and the contract or agreement must so provide, except that the contract or agreement may stipulate that the right to revoke does not apply in the case of a purchaser who has received the information and inspected the subdivision in advance of signing the contract or agreement.
3. Any such revocation must be in writing in a form prescribed by the division and must be communicated to the broker within the time limited by this section for revocation and all money paid by the purchaser under the revoked contract or agreement must be returned to him immediately by the broker, without any deductions.
κ1983 Statutes of Nevada, Page 278 (CHAPTER 102, AB 241)κ
Sec. 6. No subdivision consisting of land situated in the State of Nevada or another state may be advertised or offered for sale within the State of Nevada until the advertising and offering is approved by the division. Each advertisement must contain the processing number assigned by the division. Each application for approval of advertising must be accompanied by a filing fee not to exceed $25, according to a schedule of fees to be established by the division and fees for inspecting the advertising and the property in amounts established by the division. The division shall render a decision upon an application for approval of an advertising or offering within 30 days from the date the application is filed. The division shall adopt regulations to accomplish the purpose of this section.
________
Assembly Bill No. 125Committee on Commerce
CHAPTER 103
AN ACT relating to dentistry; prohibiting licensed dentists from administering general anesthesia without a permit; requiring the board of dental examiners of Nevada to regulate the use of general anesthesia by licensed dentists; prescribing fees; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. No licensed dentist may administer or supervise directly the administration of general anesthesia to dental patients unless he has been issued a permit authorizing him to do so by the board.
Sec. 3. The board may issue a permit authorizing a licensed dentist to administer or supervise directly the administration of general anesthesia to dental patients under such standards, conditions and other requirements as the board shall by regulation prescribe.
Sec. 4. NRS 631.345 is hereby amended to read as follows:
631.345 1. The fees which must be charged by the board for the performance of the duties imposed upon it by this chapter are as follows:
Examination fee for license to practice dentistry....................................... $150
Examination fee for license to practice dental hygiene............................ 75
Application fee for a specialist license....................................................... 125
Application and examination fee for initial permit to administer general anesthesia........................................................................................................... 200
Annual renewal fee for permit to administer general anesthesia........ 50
Annual license renewal fee for a general dentist or specialist, not to exceed 200 Annual license renewal fee for a dental hygienist, not more than................................................................................ $75
κ1983 Statutes of Nevada, Page 279 (CHAPTER 103, AB 125)κ
Annual license renewal fee for a dental hygienist, not more than......... $75
Annual license renewal fee for an inactive dentist................................... 100
Annual license renewal fee for a retired or disabled dentist................... 25
Annual license renewal fee for an inactive dental hygienist................... 25
Annual license renewal fee for a retired or disabled dental hygienist... 25
Reinstatement fee for a suspended or revoked license to practice dentistry or dental hygiene.................................................................................................... 200
2. All fees are payable in advance and must not be refunded.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 80Committee on Health and Welfare
CHAPTER 104
AN ACT relating to medical laboratories; authorizing certain nurses to perform laboratory procedures prescribed by the state board of health under supervision; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 652 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A licensed professional nurse who is employed by the health division of the department of human resources to work in the field of community health may perform specific laboratory procedures prescribed by the board under the supervision of the state health officer. The board shall adopt regulations governing the performance of these procedures.
________
κ1983 Statutes of Nevada, Page 280κ
Assembly Bill No. 150Committee on Natural Resources, Environment and Agriculture
CHAPTER 105
AN ACT providing for offices for the department of agriculture; authorizing the executive director to select locations for the offices; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.235 is hereby amended to read as follows:
561.235 1. [The department shall maintain its headquarters office at Reno, Nevada.
2. The department may maintain such district or branch offices throughout the state as the executive director may deem necessary to the efficient operation of the department and the various divisions thereof. The executive director is hereby authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such] The department shall maintain a principal office and may maintain district or branch offices throughout the state if they are necessary for the efficient operation of the department and its various divisions.
2. The executive director shall select the location of those offices and may enter into such leases or other agreements as may be necessary to establish them. The leases or agreements [shall] must be executed in cooperation with the buildings and grounds division of the department of general services and in accordance with the provisions of NRS 331.110.
________
Assembly Bill No. 204Committee on Taxation
CHAPTER 106
AN ACT relating to the collection of taxes; empowering the department of taxation to lock and seal a place of business if the proprietor lacks the appropriate permit or license and to seize and sell property of a person who has failed, over specified period, to pay excises due for his business; and providing other matters properly relating thereto.
[Approved April 2, 1983]
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 the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Any person who engages in business in this state without having the appropriate permit or license for the business as required by this Title or chapter 585 of NRS or who continues to engage in the business after such a permit or license has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.
κ1983 Statutes of Nevada, Page 281 (CHAPTER 106, AB 204)κ
engage in the business after such a permit or license has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.
2. If, after notice to the person, he continues to engage in the business without a permit or license, or after it has been suspended or revoked, the department may order any place of business of the person to be locked and sealed. If notice under this subsection is served by mail, it must be addressed to the person at his address as it appears in the records of the department.
Sec. 3. The order to lock and seal a place of business must be delivered to the sheriff of the county in which the business is located who shall assist in the enforcement of the order.
Sec. 4. 1. If any person is delinquent in the payment of the amount of any sales or use tax or other excise required to be paid by him or a determination has been made against him which remains unpaid, the department may, not later than 3 years after the payment became delinquent or within 3 years after the last recording of an abstract under NRS 372.555 or of a certificate under NRS 372.570, give notice of it personally or by registered mail to all persons, including any officer or department of the state or any political subdivision or agency of the state, who have in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent taxpayer to the state controller.
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the departments notice.
3. After receiving the notice, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition, or until 60 days after the receipt of the notice, whichever period expires earlier.
4. All persons so notified shall, within 10 days after receipt of the notice, inform the department of all such credits, other personal property, or debts in their possession, under their control or owing by them.
5. If the notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank, the notice must be delivered or mailed to the branch or office of the bank at which the deposit is carried or at which the credits or personal property is held.
6. If, during the effective period of the notice to withhold, any person so notified makes any transfer or other disposition of the property or debts required to be withheld, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due under this Title or chapter 585 of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
κ1983 Statutes of Nevada, Page 282 (CHAPTER 106, AB 204)κ
liable to the state for any indebtedness due under this Title or chapter 585 of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
Sec. 5. 1. At any time within 3 years after any person has become delinquent in the payment of any amount of sales or use tax or other excise due under this Title or chapter 585 of NRS, the department may seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.
2. Any seizure made to collect a tax due may be only of the property of the person not exempt from execution under the provisions of law.
Sec. 6. 1. Notice of the sale and the time and place of it must be given to the delinquent person in writing at least 10 days before the date set for the sale in the following manner:
(a) The notice must be enclosed in an envelope addressed to the person at his last known address or place of business in this state. It must be deposited in the United States mail, postage prepaid.
(b) The notice must also be published for at least 10 days before the date set for the sale in a newspaper of general circulation published in the county in which the property seized is to be sold. If there is no newspaper of general circulation in the county, notice must be posted in three public places in the county 10 days before the date set for the sale.
2. The notice must contain a description of the property to be sold, a statement of the amount due, including interest, penalties and costs, the name of the delinquent, and the further statement that unless the amount due, interest, penalties and costs are paid on or before the time fixed in the notice for the sale, the property, or so much of it as is necessary, will be sold in accordance with law and the notice.
Sec. 7. 1. At the sale the department shall sell the property in accordance with law and the notice and shall deliver to the purchaser a bill of sale for the personal property and a deed for any real property sold. The bill of sale or deed vests the interest or title of the person liable for the amount in the purchaser.
2. The unsold portion of any property seized may be left at the place of sale at the risk of the person liable for the amount.
Sec. 8. 1. If, upon the sale, the money received exceeds the total of all amounts, including interest, penalties and costs due the state, the department shall return the excess to the person liable for the amounts and obtain his receipt.
2. If any person having an interest in or lien upon the property files with the department, before the sale, notice of his interest or lien, the department shall withhold any excess pending a determination of the rights of the respective parties to it by a court of competent jurisdiction.
κ1983 Statutes of Nevada, Page 283 (CHAPTER 106, AB 204)κ
3. If the receipt of the person liable for the amount is not available, the department shall deposit the excess money with the state treasurer, as trustee for the owner, subject to the order of the person liable for the amount, his heirs, successors or assigns.
Sec. 9. NRS 360.415 is hereby amended to read as follows:
360.415 In administering the provisions of [NRS 372.515 and 374.520,] section 4 of this act, the department shall determine as early as possible whether there have been withheld liquid assets sufficient to satisfy the claim of the state. As soon as the department determines that such assets have been withheld, it shall consent to a transfer or other disposition of all assets in excess of that amount.
Sec. 10. NRS 372.150, 372.152, 372.515, 372.600, 372.605, 372.610, 372.615, 374.155, 374.157, 374.520, 374.605, 374.615 and 374.620 are hereby repealed.
________
Assembly Bill No. 264Committee on Government
CHAPTER 107
AN ACT relating to the state industrial insurance system; providing for the management of real property owned by the system; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any real property acquired by the system must be held by the division of state lands of the state department of conservation and natural resources in the name of the State of Nevada.
2. The system has the sole power to sell or exchange such property and any money received therefrom must be deposited in the state insurance fund.
Sec. 2. NRS 616.1725 is hereby amended to read as follows:
616.1725 The system may:
1. Use its assets to pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, and to pay salaries, administrative and other expenses.
2. Rent, lease, buy or sell property in [its own name,] the name of the State of Nevada, and construct and repair buildings as necessary to provide facilities for its operations.
3. Sue and be sued in its own name.
4. Enter into contracts relating to the administration of the system.
5. Contract with physicians, surgeons, hospitals, and rehabilitation facilities for medical, surgical, and rehabilitative evaluation, treatment, care and nursing of injured persons entitled to benefits from the system.
κ1983 Statutes of Nevada, Page 284 (CHAPTER 107, AB 264)κ
care and nursing of injured persons entitled to benefits from the system.
6. Contract for the services of experts and other specialists as required by the system.
7. Provide for safety inspections and furnish advisory services to policyholders on measures to promote safety and health.
8. Act in collecting and disbursing money necessary to administer and conduct the business of the system.
9. Adopt regulations relating to the conduct of the business of the system.
10. Hire personnel to accomplish its purposes and operations.
11. Fix the salaries of all persons employed in the classified service [for purposes of administering] to administer the system in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS. No classified employee on the staff of the system may be removed in a manner contrary to the provisions of chapter 284 of NRS.
12. Perform all the functions which are necessary or appropriate to carry out the administration of this chapter and chapter 617 of NRS.
Sec. 3. Within 5 days after the effective date of this act, the manager of the state industrial insurance system shall convey by quitclaim deed all real property owned by the system to the division of state lands of the state department of conservation and natural resources.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 186Committee on Judiciary
CHAPTER 108
AN ACT relating to probation; tolling the running of the period of probation during the time when a warrant for violating a condition of probation is in effect; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but such a period, including any extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
(2) [Deferred judgment] Suspension of sentence pursuant to subsection 6 of NRS 453.336; or
(b) Five years for a felony.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested.
κ1983 Statutes of Nevada, Page 285 (CHAPTER 108, AB 186)κ
court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with the power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as provided in subsection [3,] 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
[3.] 4. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
________
Assembly Bill No. 286Committee on Labor and Management
CHAPTER 109
AN ACT relating to industrial insurance; permitting chiropractors to certify applications for an increase or rearrangement of compensation or to reopen a claim because of changed circumstances; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.545 is hereby amended to read as follows:
616.545 1. If a change of circumstances warrants an increase or rearrangement of compensation during the life of an injured workman, application may be made therefor. The application must be accompanied by the certificate of a physician , or a chiropractor if the change in circumstances reasonably indicates treatment that is within the lawful scope of chiropractic, showing a change of circumstances which would warrant an increase or rearrangement of compensation. No increase or rearrangement is effective before the application is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician [.]
κ1983 Statutes of Nevada, Page 286 (CHAPTER 109, AB 286)κ
shown, allow the cost of emergency treatment the necessity for which has been certified by a physician [.] or a chiropractor.
2. After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the claimants physician [,] or chiropractor, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.
________
Assembly Bill No. 15Committee on Judiciary
CHAPTER 110
AN ACT relating to murder; limiting the circumstances under which the death penalty may be imposed for its commission in the course of another felony; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, [or was an accomplice,] alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary or kidnaping in the first degree [.] , and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
6. The murder was committed by a person, for himself or another, for the purpose of receiving money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman.
κ1983 Statutes of Nevada, Page 287 (CHAPTER 110, AB 15)κ
because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For purposes of this subsection peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation division of the department of motor vehicles, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees of the department of prisons when carrying out the duties prescribed by the director of the department.
8. The murder involved torture, depravity of mind or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 7Senator Raggio
CHAPTER 111
AN ACT relating to controlled substances; providing penalties for trafficking; restricting the suspension of sentences for these offenses to persons who render substantial assistance in the conviction of others; expanding the list of property subject to forfeiture to include money exchanged for controlled substances and the proceeds of an exchange; and providing other matters properly relating thereto.
[Approved April 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, and sections 2 to 5, inclusive, of this act, any person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule I, except marihuana, or any mixture which contains any such controlled substance shall be punished, if the quantity involved:
1. Is 4 grams or more, but less than 14 grams, by imprisonment in the state prison for not less than 3 years nor more than 20 years and by a fine of not less than $50,000.
2. Is 14 grams or more, but less than 28 grams, by imprisonment in the state prison for life or for a definite term of not less than 10 years and by a fine of not less than $100,000.
3. Is 28 grams or more, by imprisonment in the state prison for life or for a definite term of not less than 25 years and by a fine of not less than $500,000.
Sec. 3. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, any person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of marihuana shall be punished, if the quantity involved:
κ1983 Statutes of Nevada, Page 288 (CHAPTER 111, SB 7)κ
manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of marihuana shall be punished, if the quantity involved:
1. Is 100 pounds or more, but less than 2,000 pounds, by imprisonment in the state prison for not less than 3 years nor more than 20 years and by a fine of not less than $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, by imprisonment in the state prison for not less than 5 years nor more than 20 years and by a fine of not less than $50,000.
3. Is 10,000 pounds or more, by imprisonment in the state prison for life or for a definite term of not less than 15 years and by a fine of not less than $200,000.
Sec. 4. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, any person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance shall be punished, if the quantity involved:
1. Is 28 grams or more, but less than 200 grams, by imprisonment in the state prison for not less than 3 years nor more than 20 years and by a fine of not less than $50,000.
2. Is 200 grams or more, but less than 400 grams, by imprisonment in the state prison for not less than 5 years nor more than 20 years and by a fine of not less than $100,000.
3. Is 400 grams or more, by imprisonment in the state prison for life or for a definite term of not less than 15 years and by a fine of not less than $250,000.
Sec. 5. 1. Except as provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of section 2, 3 or 4 of this act must not be suspended and the person is not eligible for parole until he has actually served the mandatory minimum term of imprisonment prescribed by the section under which he was convicted.
2. The judge, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of sections 2 to 4, inclusive, of this act if he finds that the convicted person rendered substantial assistance in the identification, arrest or conviction of any of his accomplices, accessories, coconspirators or principals. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.
Sec. 6. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.551, inclusive.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive.
κ1983 Statutes of Nevada, Page 289 (CHAPTER 111, SB 7)κ
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.551, inclusive.
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale, possession for sale or receipt of property described in subsections 1 or 2, except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the provisions of NRS 453.011 to 453.551, inclusive;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
(c) A conveyance is not subject to forfeiture for a violation of NRS 453.336 unless more than 1 kilogram of marihuana was in the conveyance;
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission. If a conveyance is forfeited , the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
6. All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or of an injunction issued pursuant to NRS 453.558.
7. Except as provided in this subsection, everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive, all proceeds traceable to such an exchange, and all money, negotiable instruments and securities used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.551, inclusive. No persons interest in property may be forfeited pursuant to this subsection by reason of any act or omission which he establishes was committed or omitted without his knowledge or consent. There is a rebuttable presumption that all money found in close proximity to forfeitable controlled substances, drug paraphernalia or records is subject to forfeiture pursuant to this subsection.
Sec. 7. NRS 453.336 is hereby amended to read as follows:
453.336 1. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.551, inclusive.
κ1983 Statutes of Nevada, Page 290 (CHAPTER 111, SB 7)κ
directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.551, inclusive.
2. Except as provided in subsections 3 and [4,] 4 and unless a greater penalty is provided in section 2, 3 or 4 of this act, any person who violates this section shall be punished:
(a) For the first offense, if the controlled substance is listed in schedule I, II, III or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.
(d) For the first offense, if the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.
(e) For a second or subsequent offense, if the controlled substance is listed in schedule V, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
3. Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:
(a) For the first offense:
(1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or
(2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his drivers license suspended for not more than 6 months.
(b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.
(c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.
4. Before sentencing under the provisions of subsection 3, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195.
κ1983 Statutes of Nevada, Page 291 (CHAPTER 111, SB 7)κ
NRS 176.195. After the report is received but before sentence is pronounced the court shall:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.
5. Three years after the person has been convicted and sentenced under the provisions of subsection 3, the court may order sealed all records, papers and exhibits in such persons record, minute book entries and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the courts order, if:
(a) The person fulfilled all the terms and conditions imposed by the court and by the parole and probation officer; and
(b) The court, after hearing, is satisfied that the rehabilitation has been attained.
6. Whenever any person who has not previously been convicted of any offense under the provisions of NRS 453.011 to 453.551, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs pleads guilty to or is found guilty under this section of possession of a controlled substance not for the purpose of sale, the court, with the consent of the accused, may impose sentence, including a fine, suspend imprisonment, seal the record and place him on probation upon terms and conditions.
7. The record of a person sentenced under subsection 6 which has been sealed by the court may remain sealed until:
(a) The defendant fulfills all of the terms and conditions imposed by the court and by his probation officer, when the record may be expunged; or
(b) His probation is revoked and the sentence is executed.
8. There may be only one suspension of sentence under subsection 6 with respect to any person.
Sec. 8. NRS 453.337 is hereby amended to read as follows:
453.337 1. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to possess for the purpose of sale any controlled substance classified in schedule I or II.
2. [Any] Unless a greater penalty is provided in section 2, 3 or 4 of this act, any person who violates this section shall be punished:
(a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 15 years and may be further punished by a fine of not more than $5,000.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 5 years nor more than 15 years and may be further punished by a fine of not more than $10,000.
κ1983 Statutes of Nevada, Page 292 (CHAPTER 111, SB 7)κ
Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 5 years nor more than 15 years and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 15 years and may be further punished by a fine of not more than $20,000 for each offense.
3. The court shall not grant probation to or suspend the sentence of any person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.
________
κ1983 Statutes of Nevada, Page 293κ
Assembly Bill No. 111Assemblyman Banner
CHAPTER 112
AN ACT relating to industrial insurance; expanding the circumstances under which certain persons may be admitted to the facilities of the state industrial insurance system for rehabilitative services; and providing other matters properly relating thereto.
[Approved April 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.223 is hereby amended to read as follows:
616.223 1. The system and the rehabilitation division of the department of human resources shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.
2. The system may enter into agreements with other public agencies and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases.
3. The system may enter into agreements with health and care facilities to provide services for rehabilitation to patients of the health and care facilities in facilities operated by the system.
4. [The] Except as provided in this subsection, the system may admit to any of its facilities any person [who is suffering from any injury caused by trauma and who] :
(a) Who may benefit from its services;
(b) Who has been referred by a physician for the purpose of receiving services for rehabilitation [.] ; and
(c) Whose admission is approved by the medical director of the facility.
A person who is not a claimant must not be admitted to a facility if he is terminally ill or referred solely for treatment of alcohol or drug abuse.
5. In providing services under an agreement entered into pursuant to this section, the system must give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other [injured] persons for the purpose of providing services for rehabilitation, the system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.
6. Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the system may add a reasonable charge for administration of each case.
________
κ1983 Statutes of Nevada, Page 294κ
Assembly Bill No. 160Committee on Labor and Management
CHAPTER 113
AN ACT relating to employment agencies; increasing the annual fee for a license; providing that fees are not refundable; and providing other matters properly relating thereto.
[Approved April 8, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 611.060 is hereby amended to read as follows:
611.060 Every person licensed under the provisions of NRS 611.020 to 611.320, inclusive, to carry on the business of an employment agency [shall] must pay to the labor commissioner a fee of [$50] $100 before the license is issued, and thereafter he [shall] must pay [an annual] a fee of [$50] $100 on or before the [1st] last day of each [calendar] year [.] to carry on the business for the following year. No fee may be refunded.
________
Assembly Bill No. 123Committee on Judiciary
CHAPTER 114
AN ACT relating to summary administration of estates; raising the limit for such administration; and providing other matters properly relating thereto.
[Approved April 8, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 145.040 is hereby amended to read as follows:
145.040 When it is made to appear to the court , [or judge,] by affidavit or otherwise, that the gross value of the estate does not exceed [$60,000,] $100,000, the court [or judge] may, if deemed advisable considering the nature and character of the estate and the obligations thereof, make an order for a summary administration of the estate.
________
κ1983 Statutes of Nevada, Page 295κ
Senate Bill No. 121Committee on Commerce and Labor
CHAPTER 115
AN ACT relating to banks; conforming the reserve requirements of this state with federal reserve requirements; and providing other matters properly relating thereto.
[Approved April 8, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 662.186 is hereby amended to read as follows:
662.186 1. Each bank doing business under the laws of this state shall have on hand, in cash, [such a] at least the sum of money [as may be] determined by the superintendent as necessary to meet the operating requirements of the bank and [, in addition thereto, a] at least a required sum consisting of demand balances due from good and solvent banks, selected from time to time with the approval of the superintendent. [The total sum of such cash and balances due shall not be less than 10 percent of average demand deposits and 5 percent of average time deposits from the preceding 15 calendar days. If the Federal Reserve Bank reduces its reserve requirements below the reserve requirements of this subsection, the superintendent may reduce the reserve requirements for a bank organized under this Title to correspond with the reserve requirements of the Federal Reserve Bank, but the superintendent shall not reduce such reserve requirements below that established by the Federal Reserve Bank. When a bank has pledged securities for the protection of public funds under the provisions of NRS 356.020, the superintendent shall waive the reserve requirements on the amount of the public deposit.
2. Whenever the available funds in any bank are below the required amount, such bank shall not:
(a) Make any new loans or discounts otherwise than the discounting or purchasing of bills of exchange, payable at sight.
(b) Pay or declare any dividends of its profits until the required proportion between the aggregate of its deposits and its lawful money reserves have been restored.
3. The superintendent shall immediately notify any bank whose lawful money reserve is below the amount required to be kept on hand to make good such reserve. If such bank fails to do so for a period of 60 days after such notice, it shall be deemed to be insolvent, and the superintendent shall take possession of the same and proceed in the manner provided in this Title relating to insolvent banks.
4. The superintendent shall refuse to consider, as a part of a banks reserve, balances due from any bank which refuses or neglects to furnish him with such information as he may require from time to time relating to its business with any other bank doing business under this Title when such information would enable the superintendent to determine the banks solvency.
5. Any bank subject to the provisions of this Title may become a member of the Federal Reserve Bank in the district in which such bank is located, and may then deposit in such Federal Reserve Bank any of its available funds, including any part of the reserve required by this Title.
κ1983 Statutes of Nevada, Page 296 (CHAPTER 115, SB 121)κ
member of the Federal Reserve Bank in the district in which such bank is located, and may then deposit in such Federal Reserve Bank any of its available funds, including any part of the reserve required by this Title. The provisions of this Title limiting the amount that may be deposited by a bank in a depository bank, and the requirements of this Title relative to the reserve that must be maintained by the depositor bank against such bank deposits, do not apply to such deposit in such Federal Reserve Bank.]
2. Any bank organized under the laws of this state shall carry or maintain as a reserve at least that amount of money which is required under the terms of the Federal Reserve Act.
Sec. 2. NRS 662.195 is hereby repealed.
________
Assembly Bill No. 84Assemblyman Getto
CHAPTER 116
AN ACT relating to nursing; revising the provision on renewal of a license; and providing other matters properly relating thereto.
[Approved April 8, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.341 is hereby amended to read as follows:
632.341 1. The license of every nurse licensed under the provisions of this chapter must be renewed biennially [as provided in this section.
2. On or before January 1 of every even-numbered year the executive director of the board shall mail an application for renewal of the license to every nurse holding a valid license issued pursuant to the provisions of this chapter.
3. Each applicant for renewal of a license must complete the application and return it to the executive director together with the fee for the biennial renewal and proof of completion of the required continuing education before March 1.
4. Upon receipt of the application, fee and proof of continuing education, the board shall verify the accuracy of the application and issue a license to the applicant for the next biennium commencing with March 1 and expiring the last day of February of the next even-numbered year.
5.] on a date or according to a schedule of dates prescribed by regulation of the board. If the date or schedule is changed, the board may prorate the required fee.
2. A licensee who fails to renew his license may have his license reinstated by completing an application for renewal and payment of the reinstatement fee in addition to the renewal fee.
[6.] 3. Upon written request to the board, a licensee in good standing may cause his name and license to be transferred to an inactive list, and the licensee may not practice nursing during the time the license is inactive and no renewal fee accrues.
κ1983 Statutes of Nevada, Page 297 (CHAPTER 116, AB 84)κ
standing may cause his name and license to be transferred to an inactive list, and the licensee may not practice nursing during the time the license is inactive and no renewal fee accrues. If an inactive licensee desires to resume the practice of nursing, the board shall renew the license upon demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current fee for biennial renewal of the license.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 114Committee on Judiciary
CHAPTER 117
AN ACT relating to prisons; providing for a deduction from an offenders personal money to pay for certain costs; and providing other matters properly relating thereto.
[Approved April 8, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.246 is hereby amended to read as follows:
209.246 The board shall establish by regulation criteria for a reasonable deduction from money credited to the account of an offender [who has willfully damaged or destroyed state property during his incarceration, on account of the harm done.] to repay the cost of:
1. State property willfully damaged or destroyed by the offender during his incarceration.
2. Medical treatment for injuries inflicted by the offender upon himself or others.
3. Searching for and apprehending the offender when he escapes or attempts to escape.
4. Quelling any riot or other disturbance in which the offender is unlawfully involved.
________
κ1983 Statutes of Nevada, Page 298κ
Senate Bill No. 139Committee on Human Resources and Facilities
CHAPTER 118
AN ACT relating to blind persons; authorizing the bureau of services to the blind to adopt penalties for late payments or the late filing of reports concerning vending stands; and providing other matters properly relating thereto.
[Approved April 9, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 426.670 is hereby amended to read as follows:
426.670 1. The bureau shall:
[1.] (a) Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of [such] the buildings or properties [as to their] of its findings.
[2.] (b) With the consent of the [head of the department or agency] respective heads of departments or agencies charged with the maintenance of the buildings or properties, establish vending stands in those locations which the bureau has determined to be suitable . [, and] The bureau may enter into leases or licensing agreements therefor.
[3.] (c) Select, train, license and [install] assign qualified blind persons to manage or operate [, or both manage and operate, such] vending stands [.] or do both.
[4.] (d) Execute contracts or agreements with blind persons to manage or operate [, or both manage and operate,] vending stands [, which] or do both. The agreements may concern finances, management, operation and other matters concerning [such] the stands.
[5.] (e) When the bureau deems such action appropriate, impose and collect license fees for the privilege of operating [such] vending stands.
[6.] (f) Establish and effectuate such [rules and] regulations as it may [from time to time] deem necessary to assure the proper and satisfactory operation of [such] vending stands. [Such rules and regulations shall] The regulations must provide a method for setting aside [funds] money from the revenues of vending [stand operations, and shall] stands and provide for the payment and collection thereof.
[7.] 2. The bureau may enter into contracts with vendors for the establishment and operation of vending stands. [Such contracts shall include provision for] These contracts must include provisions for the payment of commissions to the bureau based on revenues [of] from the vending stands. [Such commissions may, at the discretion of the bureau, be assigned] The bureau may assign the commissions to licensed [vending stand] operators for the maintenance of [income purposes.] their incomes.
[8.] 3. The bureau may, by [rule or] regulation, provide : [methods]
κ1983 Statutes of Nevada, Page 299 (CHAPTER 118, SB 139)κ
(a) Methods for recovering the cost of establishing vending stands.
(b) Penalties for failing to file reports or make payments required by NRS 426.630 to 426.720, inclusive, or a regulation adopted pursuant to those sections when they are due.
________
Senate Bill No. 123Committee on Commerce and Labor
CHAPTER 119
AN ACT relating to trust companies; specifying authorized investments by trust companies; specifying minimum amount of fidelity bonds for officers and employees of trust companies; and providing other matters properly relating thereto.
[Approved April 9, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 669.220 is hereby amended to read as follows:
669.220 1. Every trust company:
(a) Shall keep all trust funds and investments separate [and apart] from the assets of the company, and all investments made by the company as a fiduciary [shall] must be designated so that the trust or estate to which [such] the investments belong may be clearly identified.
(b) Holding trust funds awaiting investment or distribution may deposit or leave on deposit such funds with a state or national bank. Such funds [shall] must not be deposited or left with the same corporation depositing them or leaving them on deposit , [such funds,] nor with a corporation or association holding or owning a majority of the capital stock of the trust company making or leaving [such] the deposit, unless [such] that corporation or association first pledges, as security for the deposit, securities eligible for investment by state banks [that] which have a market value equal to that of the deposited funds. No security [shall be] is required with respect to any portion of such deposits which is insured under the provisions of any law of the United States.
(c) Acting in any capacity under a court trust or private trust, unless the instrument creating [such] the trust provides otherwise, may cause any securities held by it in its representative capacity to be registered in the name of a nominee or nominees of the company.
(d) When acting as depository or custodian for the personal representative of a court trust or private trust, unless the instrument creating the trust provides otherwise, may with the consent of the personal representative of the trust, cause any securities held by it to be registered in the name of a nominee or nominees of the company.
2. Every trust company is liable for any loss occasioned by the acts of its nominees with respect to securities registered under this section.
3. No corporation or the registrar or transfer agent of [such] the corporation [shall be] is liable for registering or causing to be registered on the books of the corporation any securities in the name of any nominee of a trust company or for transferring or causing to be transferred on the books of the corporation any securities registered by the corporation in the name of any nominee of a trust company [, as provided in this section,] when the transfer is made on the authorization of the nominee.
κ1983 Statutes of Nevada, Page 300 (CHAPTER 119, SB 123)κ
corporation [shall be] is liable for registering or causing to be registered on the books of the corporation any securities in the name of any nominee of a trust company or for transferring or causing to be transferred on the books of the corporation any securities registered by the corporation in the name of any nominee of a trust company [, as provided in this section,] when the transfer is made on the authorization of the nominee.
4. Except as provided in subsection 5, a trust companys investments must:
(a) Be governmental obligations or insured deposits.
(b) Mature within 3 years after acquisition.
The aggregate market value of all investments must equal or exceed 60 percent of the companys current capital, surplus and undivided profits or 60 percent of the companys capital and surplus when it was organized, whichever is greater.
5. A trust company may purchase or rent land and equipment for use in the daily activities of the company.
Sec. 2. NRS 669.240 is hereby amended to read as follows:
669.240 1. The directors of a trust company shall require good and sufficient fidelity bonds in the amount of $25,000 or more on all active officers and employees, whether or not they receive a salary or other compensation from [such] the company, to indemnify [such] the company against loss because of any dishonest, fraudulent or criminal act or omission [committed] by any such officer or employee acting alone or in combination with any other person. [Such] The bonds may be in any form and may be paid for by the trust company.
2. Such directors shall obtain suitable insurance protection for [such] their company against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.
3. Such directors shall at least annually prescribe the amount or penal sum of such bonds or policies and designate the sureties and underwriters thereof, after giving due and careful consideration to all known elements and factors constituting a risk or hazard. [Such action shall] The directors action must be recorded in the minutes of the board of directors and reported to the superintendent.
________
κ1983 Statutes of Nevada, Page 301κ
Senate Bill No. 53Committee on Commerce and Labor
CHAPTER 120
AN ACT relating to physicians; making assorted changes in the law relating thereto; providing a penalty for willful failure or refusal to make health care records available; and providing other matters properly relating thereto.
[Approved April 9, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. A physician licensed pursuant to this chapter who willfully fails or refuses to make the health care records of a patient available for physical inspection or copying as provided in NRS 629.061 is guilty of a misdemeanor.
Sec. 3. The following acts, among others, constitute unprofessional conduct:
1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice medicine.
2. Willfully representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Advertising the practice of medicine in a manner which does not conform to the guidelines established by regulation of the board.
Sec. 4. 1. The following acts, among others, constitute unprofessional conduct:
(a) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a physician in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(b) Employing, directly or indirectly, any suspended or unlicensed person in the practice of medicine, or the aiding or abetting of any unlicensed person to practice medicine.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses under this chapter to practice medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or
(b) For two or more persons holding valid licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.
κ1983 Statutes of Nevada, Page 302 (CHAPTER 120, SB 53)κ
Sec. 5. The following acts, among others, constitute unprofessional conduct:
1. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.
2. Engaging in any:
(a) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
3. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.
4. Performing, assisting or advising an unlawful abortion or the injection of any substance containing liquid silicone into the human body.
5. Failure to maintain health care records which contain information relating to the medical history, examination, diagnosis and treatment of a patient.
6. Failure to make the health care records of a patient available for physical inspection and copying as provided in NRS 629.061.
7. Failure to report, within 30 days, the revocation, suspension or surrender of the license to practice medicine in another jurisdiction.
Sec. 6. The following acts, among others, constitute unprofessional conduct:
1. Willful disclosure of a communication privileged under a statute or court order.
2. Willful disobedience of the regulations of the state board of health, the state board of pharmacy or the board of medical examiners.
3. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
4. Willful violation of any of the provisions of chapter 453 or 454 of NRS.
Sec. 7. NRS 630.005 is hereby amended to read as follows:
630.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.010 to [630.030,] 630.025, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 630.140 is hereby amended to read as follows:
630.140 1. The board may hold hearings and conduct investigations pertaining to [the issuance of licenses] its duties imposed under this chapter and take evidence on any such matter under inquiry before the board. For the purposes of this chapter:
(a) The secretary of the board, or in his absence any member of the board, may administer oaths.
(b) The secretary or president of the board may issue subpenas to compel the attendance of witnesses and the production of books and papers.
κ1983 Statutes of Nevada, Page 303 (CHAPTER 120, SB 53)κ
compel the attendance of witnesses and the production of books and papers.
2. If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the secretary or president of the board 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 board pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena [before the board which is named in the subpena,] at the time and place specified therein, 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 board.] as required by the subpena.
3. Upon such a 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 board.] as required by the subpena. A certified copy of the order [shall] must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order , the witness shall be dealt with as for contempt of court.
Sec. 9. NRS 630.170 is hereby amended to read as follows:
630.170 1. The applicant for a license to practice medicine who is a graduate of a medical school located in the United States or Canada shall submit to the board, through its secretary:
(a) Proof of graduation from a United States or Canadian medical school recognized as reputable by the board . [, the requirements of which medical school shall have been, at the time of his graduation, in no particular less than those prescribed for that year by the American Medical Association.] The medical school must have been, at the time of graduation, accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools.
(b) An affidavit that the applicant is the person named in the proof of graduation and that it was procured without fraud or misrepresentation of any kind.
(c) A certificate or other document proving a period of 1 year of postgraduate training, which training must be approved by the board.
2. In addition to the affidavits or proofs required by subsection 1, the board may take such further evidence and require such other documents or proof of qualifications as [in its discretion may be deemed] it deems proper.
κ1983 Statutes of Nevada, Page 304 (CHAPTER 120, SB 53)κ
3. If it appears that the applicant is not of good moral character or reputation or that any credential submitted is false, the applicant may be rejected.
Sec. 10. NRS 630.195 is hereby amended to read as follows:
630.195 1. The applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the board through its secretary:
(a) Proof that he is a citizen of the United States, or that he is lawfully entitled to remain and work in the United States.
(b) Proof that he has received the degree of Doctor of Medicine or its equivalent, as determined by the board, from a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates.
(c) Proof that he has completed 3 years of postgraduate training satisfactory to the board.
(d) Proof that he has passed, with a grade acceptable to the board, an examination designated by the board.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as [in its discretion may be deemed] it deems proper.
3. [If the applicant is a diplomate of an approved specialty board recognized by the American Medical Association, the requirements of paragraphs (c) and (d) of subsection 1 may be waived by the board.
4.] Before issuance of a license to practice medicine, the applicant who presents the proof required by subsection 1 [shall] must appear personally before the board and satisfactorily pass a written or oral examination, or both, as to his qualifications to practice medicine.
Sec. 11. NRS 630.290 is hereby amended to read as follows:
630.290 1. [Each applicant for a license to practice medicine must pay a fee of $200.
2. Each applicant who fails an examination and who is permitted to be reexamined must pay a fee not to exceed $200 for each reexamination.
3.] The board shall charge and collect not more than the following fees respectively:
For application for and issuance of a license by reciprocity............... $200
For application for and issuance of a license by written examination, in addition to the actual cost to the board of the examination...................................... 200
For application for and issuance of a temporary license ..................... 50
For application for and issuance of a special license........................... 50
For application for and issuance of a limited license............................ 25
For renewal of a limited license................................................................. 10
For application for and issuance of a permit to a professional employee of the State of Nevada or of the United States............................................................ 50 For application for and issuance of a permit to a resident medical officer in a Nevada hospital.......................................................................... 50
κ1983 Statutes of Nevada, Page 305 (CHAPTER 120, SB 53)κ
For application for and issuance of a permit to a resident medical officer in a Nevada hospital..................................................................................................... 50
For renewal of a permit to a resident medical officer in a Nevada hospital or to a professional employee of the State of Nevada or of the United States 10
For application for and issuance of a certificate as a physicians assistant 100
For renewal of a certificate as a physicians assistant.......................... 20
For annual registration............................................................................... 100
2. If an applicant does not appear for examination [,] or if the application is rejected, for any reason deemed sufficient by the board, the board may, upon request and in its discretion, refund a portion of the application fee not to exceed [$100.] $150.
There must be no refund of the application fee if an applicant appears for examination.
[4. Each applicant for a permit, issued under the provisions of NRS 630.280 or 630.285, must pay a fee not to exceed $50, as determined by the board, and must pay a fee of $10 for each renewal of the permit.
5.] 3. Each holder of a license to practice medicine must pay to the secretary-treasurer of the board on or before January 1 of each year [an] the annual registration fee . [to be set by the board and in no case to exceed the sum of $100 per year.
6.] 4. Any holder failing to pay the annual registration fee after it becomes due must be given a period of 60 days in which to pay the fee, and, failing to do so, automatically forfeits his right to practice medicine, and his license to practice medicine in Nevada is automatically suspended. The holder may, within 2 years [from] after the date his license is suspended, on payment of twice the amount of the then-current annual registration fee to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
[7.] 5. The annual registration fee must be collected for the year in which a physician is licensed.
[8.] 6. Notices must be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual registration fee, and a copy of the notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 12. NRS 630.301 is hereby amended to read as follows:
630.301 The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice medicine by any other jurisdiction [.]
κ1983 Statutes of Nevada, Page 306 (CHAPTER 120, SB 53)κ
any other jurisdiction [.] or surrender of the license in another jurisdiction as the result of an investigation or disciplinary action initiated in that jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 13. NRS 630.311 is hereby amended to read as follows:
630.311 1. When a complaint is filed:
(a) With the board, it [shall] must be reviewed by the secretary of the board.
(b) With a county medical society, the society shall forward a copy of the complaint to the board for review.
2. If, from the complaint or from other [official] records, it appears that [the complaint is not frivolous] there is a reasonable basis for the complaint and the complaint charges:
(a) Unprofessional conduct, a conviction or the suspension , [or] revocation or surrender of a license to practice medicine, the secretary shall order an investigation of the complaint to determine whether it warrants disciplinary action. If it does, the board shall proceed with appropriate disciplinary action.
(b) Gross or repeated malpractice or professional incompetence, the board [shall] may transmit the original complaint, along with further facts or information derived from its own review, or from any investigation conducted, to the attorney general.
Sec. 14. NRS 630.339 is hereby amended to read as follows:
630.339 If:
1. A complaint charging unprofessional conduct, a conviction or the surrender, suspension or revocation of a license to practice medicine is [not frivolous;] determined to have a reasonable basis; or
2. With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,
the secretary of the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board and signed by the secretary in his official capacity to be served on the person charged at least 20 days before the date fixed for the hearing.
Sec. 15. NRS 630.030 is hereby repealed.
________
κ1983 Statutes of Nevada, Page 307κ
Assembly Bill No. 39Assemblyman Berkley
CHAPTER 121
AN ACT relating to notaries public; setting requirements for certain advertisements in a language other than English; providing a penalty; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every notary public who is not an attorney licensed to practice law in this state and who advertises his services as a notary public in a language other than English by any form of communication, except a single plaque on his desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:
I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.
2. If the secretary of state finds a notary public guilty of violating the provisions of subsection 1, he shall:
(a) Suspend the appointment of the notary public for not less than 1 year.
(b) Revoke the appointment of the notary public for a third or subsequent offense.
3. A notary public who is found guilty in a criminal prosecution of violating subsection 1 may be punished by a fine of not more than $2,000.
________
Assembly Bill No. 88Committee on Taxation
CHAPTER 122
AN ACT relating to gaming; changing the effective date of statutory provisions which reduce the state license fee on the gross revenue of gaming and on slot machines; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 8 of chapter 310, Statutes of Nevada 1981, at page 572, is hereby amended to read as follows:
Sec. 8. 1. Section 1 of this act shall become effective upon passage and approval.
2. Sections 3, 5 and 7 of this act shall become effective on July 1, [1983.] 1985.
κ1983 Statutes of Nevada, Page 308 (CHAPTER 122, AB 88)κ
Sec. 2. Section 7 of chapter 60, Statutes of Nevada 1983, is hereby amended to read as follows:
Sec. 7. 1. This section and sections 1, 3 and 6 of this act shall become effective upon passage and approval.
2. Section 4 of this act shall become effective at 12:01 a.m. on July 1, [1983.] 1985.
3. Sections 2 and 5 of this act shall become effective on July 1, 1986.
4. Sections 1 and 4 of this act expire by limitation on July 1, 1986.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 171Committee on Education
CHAPTER 123
AN ACT relating to school finance; broadening provisions for acceptance of federal assistance for purposes of elementary and secondary education; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.067 is hereby amended to read as follows:
387.067 1. The state board of education may accept and adopt regulations or establish policies for the disbursement of money appropriated and apportioned to the State of Nevada or the school districts of the State of Nevada [under the Elementary and Secondary Education Act of 1965.] by the Congress of the United States for purposes of elementary and secondary education.
2. The superintendent of public instruction shall deposit [such] the money with the state treasurer, who shall make disbursements therefrom on warrants of the state controller issued upon the order of the superintendent of public instruction.
3. The state board of education and any school district within the state may, within the limits provided in this section, make such applications and agreements and give such assurances to the Federal Government and conduct such programs as may be required as a condition precedent to receipt of money [under the Elementary and Secondary Education Act of 1965.] appropriated by any Act of Congress for purposes of elementary and secondary education. Neither the state board of education nor a school district may enter into an agreement or give an assurance which requires the state or a school district to provide money above the amount appropriated or otherwise lawfully available for [such] that purpose.
________
κ1983 Statutes of Nevada, Page 309κ
Assembly Bill No. 215Assemblymen Dini, Sader, Thompson, Getto, Schofield, Brady, Sedway, Bremner, Beyer, Coffin, Chaney and Jeffrey
CHAPTER 124
AN ACT relating to legislators; limiting compensation for attendance of certain meetings; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A legislator who attends and is compensated for attending a:
1. Session or presession orientation conference of the legislature;
2. Meeting of an interim legislative committee; or
3. Meeting of the legislative commission or its audit subcommittee,
is not entitled to receive an additional days salary or compensation for any other such meeting or conference he attends in that day.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 41Senator Neal
CHAPTER 125
AN ACT relating to radioactive materials; revising the financial provisions for their disposal; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 374, Statutes of Nevada 1961, as last amended by chapter 43, Statutes of Nevada 1977, at page 112, is hereby amended to read as follows:
Sec. 5. 1. [There is hereby created in the state treasury a continuing fund designated the radioactive materials disposal fund.
2. All moneys] All money received by the director of the department of human resources as a result of leases or agreements entered into pursuant to the provisions of this act or of fees, interest and civil penalties arising from waste disposal [shall be deposited in the radioactive materials disposal fund until the amount remaining in the fund is, in the opinion of the director and the governor, sufficient to accomplish the purposes of this act. All moneys received in excess of that amount shall be deposited in the general fund in the state treasury.
3. Moneys in the radioactive materials disposal fund shall be used to pay the purchase price, as determined by appraisal, of the lands described in section 2 of this act, and] on any land used pursuant to this act must be deposited with the state treasurer in a separate account in the trust fund for the care of sites for the disposal of radioactive waste, created pursuant to NRS 459.231.
κ1983 Statutes of Nevada, Page 310 (CHAPTER 125, SB 41)κ
pursuant to this act must be deposited with the state treasurer in a separate account in the trust fund for the care of sites for the disposal of radioactive waste, created pursuant to NRS 459.231.
2. The money in account must be used for any [other] expenses necessarily incurred by the director of the department of human resources in carrying out the provisions of this act, including administrative and regulatory expenses in amounts authorized by the legislature and the costs of providing protection at the termination of any lease or agreement which is necessary in the interests of public health and welfare.
[4. At the request of the director of the department of human resources, the state board of finance may invest any amount of money in the radioactive materials disposal fund in excess of $5,000 in short-term obligations. Upon the advice of the director that it is necessary or advisable to convert all or a part of the obligations into cash the state board of finance shall effect the conversion to the extent necessary, and the moneys shall be redeposited in the radioactive materials disposal fund.]
Sec. 2. NRS 459.231 is hereby amended to read as follows:
459.231 1. There is hereby created in the state treasury a trust fund for the care of sites for the disposal of radioactive waste. The director of the department of human resources is responsible for the administration of the trust fund. All money held by the state treasurer or received by the director for that purpose must be deposited in the trust fund.
2. The money in the trust fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the trust fund must be credited to the trust fund [.] , except that all interest earned on the money in the account created pursuant to section 5 of chapter 374, Statutes of Nevada 1961, must be credited to that account.
3. The director may expend the annual income from the trust fund for the purpose for which the trust fund is created, and any income of the fund which is unexpended at the end of any year must be added to the principal of the fund. [The] Except as otherwise provided in section 5 of chapter 374, Statutes of Nevada 1961, the principal of the fund may be expended if approved by the legislature when in regular session or by the interim finance committee when the legislature is not in session. Claims against the fund must be paid as other claims against the state are paid.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 311κ
Assembly Bill No. 165Committee on Commerce
CHAPTER 126
AN ACT relating to contractors; expanding the injunctive relief available to the state contractors board; clarifying certain classifications of the contracting business; repealing statutory provisions relating to resident agents; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.212 is hereby amended to read as follows:
624.212 When it appears that any person has engaged in acts or practices which constitute a violation of this chapter, the board may request the district attorney of the county in which the alleged violation occurred, or the district attorney of any other county in which [such person or firm] that person maintains a place of business or resides, to apply on behalf of the board to the district court for an injunction restraining [such person or firm] him from acting in [the capacity of a contractor without a license in] violation of this chapter, and upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The board as plaintiff in any such action [shall not be] is not required to prove any irreparable injury.
Sec. 2. NRS 624.215 is hereby amended to read as follows:
624.215 1. For the purpose of classification, the contracting business includes any or all of the following branches:
(a) General engineering contracting.
(b) General building contracting.
(c) Specialty contracting.
General engineering contracting and general building contracting are mutually exclusive branches.
2. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.
3. A general building contractor is a contractor whose principal contracting business is in connection with any structures built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
4. A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
κ1983 Statutes of Nevada, Page 312 (CHAPTER 126, AB 165)κ
whose principal contracting business involves the use of specialized building trades or crafts.
5. Nothing in this section [shall prevent] prevents the board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom usage and procedure found in the construction business. The board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.
Sec. 3. NRS 624.277, 624.278 and 624.279 are hereby repealed.
________
Assembly Bill No. 169Committee on Education
CHAPTER 127
AN ACT relating to the Western Interstate Commission for Higher Education; changing certain accounting procedures; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 397.050 is hereby amended to read as follows:
397.050 1. Money to carry out the provisions of this chapter [shall] must be provided by direct legislative appropriation from the state general fund and [may be provided by student contributions.
2. There is hereby created in the state treasury a special fund designated as the Western Regional Higher Education Compact fund.
3. Money in such fund] must be accounted for in the Western Regional Higher Education Compact account which is hereby created.
2. The money in the account may be used by the commissioners appointed pursuant to NRS 397.030:
(a) To pay dues to the Western Interstate Commission for Higher Education.
(b) [To provide contract places for Nevada residents in graduate or professional schools.
(c)] To meet necessary administrative expenses.
[4. Except for student contributions, any money remaining in such fund at the end of any fiscal year shall revert to the state general fund.]
Sec. 2. NRS 397.063 is hereby amended to read as follows:
397.063 1. [There is hereby created in the state treasury a special fund which shall be designated as] All contributions from students must be accounted for in the Western Interstate Commission for Higher Education student loan fund which is hereby created as a trust fund.
2. The [fund shall be administered by the] three commissioners from the State of Nevada, acting jointly, shall administer the fund and the money in the fund [shall] must be used solely to provide [loans to Nevada residents] :
κ1983 Statutes of Nevada, Page 313 (CHAPTER 127, AB 169)κ
the money in the fund [shall] must be used solely to provide [loans to Nevada residents] :
(a) Loans to; and
(b) Contractual arrangements for educational services and facilities for,
residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3. Loans from the Western Interstate Commission for Higher Education student loan fund [shall] must be made upon the following terms:
(a) All student loans [shall] must bear interest at 5 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan [shall] must repay the loan with interest following the termination of his education or completion of his internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) [Before July 1, 1979, no student loan may exceed 25 percent of the students fees for any academic year. Thereafter, no] No student loan may exceed 50 percent of the student fees for any academic year.
Sec. 3. NRS 397.065 is hereby amended to read as follows:
397.065 1. Except as provided in subsection 2, each student entering the Western Regional Higher Education Compact program after April 23, 1977, [shall] must repay all state contributions for stipends which he receives from the Western Interstate Commission for Higher Education [stipends which he receives] unless he practices the profession which he was certified to study for a period of 3 years in Nevada within 5 years after the completion or termination of his education, internship or residency, whichever terminates later.
2. The three commissioners from the State of Nevada, acting jointly, may adopt regulations which:
(a) Reduce the 3-year period of required practice for persons who practice their professions in rural areas of this state or as employees of this state.
(b) Extend the time for completing the required practice beyond 5 years for persons who are obligated to serve periods of service as repayment for scholarships.
3. Stipends must be repaid within the same time period established for loan repayments in NRS [397.061.] 397.063. Stipends do not bear interest.
________
κ1983 Statutes of Nevada, Page 314κ
Assembly Bill No. 170Committee on Education
CHAPTER 128
AN ACT relating to programs of nutrition for children; expanding the powers and duties of the department of education with respect to such programs; and providing other matters properly relating thereto.
[Approved April 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.070 is hereby amended to read as follows:
387.070 As used in NRS 387.070 to 387.105, inclusive [:
1. School means any public school.
2. School lunch program means a program under which lunches are served by any public school in this state on a nonprofit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the Congress of the United States.] , program of nutrition for children means a program under which food is served to children by any public school, private school or public or private institution on a nonprofit basis, including any such program for which assistance may be made available out of money appropriated by the Congress of the United States. The term includes, but is not limited to, a school lunch program.
Sec. 2. NRS 387.075 is hereby amended to read as follows:
387.075 1. The state board of education may accept and adopt regulations or establish policies for the disbursement of money appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with [school lunch] programs [.] of nutrition for children.
2. The superintendent of public instruction shall deposit with the state treasurer all money received from the Federal Government or from other sources for [school lunch] programs [. The state treasurer shall make disbursements for such programs on warrants of the state controller issued upon the order of the superintendent of public instruction.] of nutrition for children.
Sec. 3. NRS 387.080 is hereby amended to read as follows:
387.080 1. The state board of education may enter into agreements with any agency of the Federal Government, with any board of trustees of a school district, or with any other [agency] entity or person, and establish policies and prescribe regulations, authorize the employment of such personnel, and take such other action as it may deem necessary to provide for the establishment, maintenance, operation and expansion of any [school lunch] program [.] of nutrition for children operated by a school district or of any other such program for which state or federal assistance is provided.
2. The state treasurer shall disburse federal [and] , state and other money designated for a [school lunch] program of nutrition for children on warrants of the state controller issued upon the order of the superintendent of public instruction pursuant to regulations or policies of the board.
κ1983 Statutes of Nevada, Page 315 (CHAPTER 128, AB 170)κ
the superintendent of public instruction pursuant to regulations or policies of the board.
3. The superintendent of public instruction may:
(a) Give technical advice and assistance to any [board of trustees of a school district] person or entity in connection with the establishment and operation of any [school lunch] program [.] of nutrition for children.
(b) Assist in training personnel engaged in the operation of any [school lunch] program [.] of nutrition for children.
Sec. 4. NRS 387.090 is hereby amended to read as follows:
387.090 Boards of trustees of school districts may:
1. Operate or provide for the operation of [school lunch] programs of nutrition for children in the public schools under their jurisdiction.
2. Use therefor money disbursed to them under the provisions of NRS 387.070 to 387.105, inclusive, gifts, donations and other money received from the sale of [school lunches] food under [such] those programs.
3. Deposit [such] the money in one or more accounts in a bank or banks within the state.
4. Contract with respect to food, services, supplies, equipment and facilities for the operation of [such] the programs.
Sec. 5. NRS 387.100 is hereby amended to read as follows:
387.100 The state board of education may, to the extent that money is available for that purpose, and in cooperation with other appropriate agencies and organizations:
1. Conduct studies of methods of improving and expanding [school lunch] programs of nutrition for children and promoting nutritional education in the public schools.
2. Conduct appraisals of the nutritive benefits of [school lunch] programs [.] of nutrition for children.
Sec. 6. NRS 387.105 is hereby amended to read as follows:
387.105 To enable the state board of education to provide for the establishment, maintenance, operation and expansion of [school lunch] programs [,] of nutrition for children, money [shall] must be provided by legislative appropriation from the general fund as a budgeted part of the appropriation for the support of the department and [shall] must be paid out on claims as other claims against the state are paid.
Sec. 7. NRS 387.205 is hereby amended to read as follows:
387.205 1. Moneys on deposit in the county school district fund or in a separate account, if the board of trustees of a [county] school district has elected to establish such an account under the provisions of NRS 354.603, [shall] must be used for:
(a) Maintenance and operation of public schools.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new buses.
κ1983 Statutes of Nevada, Page 316 (CHAPTER 128, AB 170)κ
(f) [School lunch programs,] Programs of nutrition for children, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of such lunch.
(g) Membership fees, dues and contributions to the Nevada interscholastic activities association.
2. Money on deposit in the county school district fund, or in a separate account, if the board of trustees of a [county] school district has elected to establish such an account under the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
________
Assembly Bill No. 198Committee on Taxation
CHAPTER 129
AN ACT relating to taxation; providing for closed sessions for appeals to the Nevada tax commission at the taxpayers request; removing penalties for the release of information in other appeals; and providing other matters properly relating thereto.
[Approved April 11, 1983]
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:
Except as otherwise provided in this section, any appeal to the Nevada tax commission which is taken by a taxpayer concerning his liability for tax must be heard during a session of the commission which is open to the public. A hearing on such an appeal may be closed to the public if the taxpayer requests that it be closed.
Sec. 2. NRS 372.750 is hereby amended to read as follows:
372.750 1. [It] Except as otherwise provided in this section, it is misdemeanor for any member of the Nevada tax commission or officer or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the department.
2. The governor may, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person.
κ1983 Statutes of Nevada, Page 317 (CHAPTER 129, AB 198)κ
by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.
3. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.
4. Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.
Sec. 3. NRS 374.755 is hereby amended to read as follows:
374.755 1. [It] Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada tax commission or official or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the department.
2. The governor may, however, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the governor [shall] may not be made public except to the extent and in the manner that the order may authorize that it be made public.
3. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.
4. Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.
________
κ1983 Statutes of Nevada, Page 318κ
Assembly Bill No. 117Assemblyman Jeffrey
CHAPTER 130
AN ACT relating to contractors; changing the exception to the requirement of a bond or deposit before renewal of a contractors license; and providing other matters properly relating thereto.
[Approved April 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before granting an original contractors license to any applicant, the board shall require that the applicant:
(a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force , [and effect,] unless the applicant has been relieved of such requirement as provided in this section.
3. Failure of an applicant or licensee to file or maintain in full force [and effect] the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, or refuse to renew a license.
4. The amount of each bond or cash deposit required by this section [shall] must be fixed by the board with reference to the contractors financial and professional responsibility and the magnitude of his operations, but [shall] must be not less than $1,000 or more than $50,000. The bond [shall] must be continuous in form and [shall] must be conditioned that the total aggregate liability of the surety for all claims [shall be] is limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. [Any] Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board subsequent to termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than [2] 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may at any time thereafter require [such] the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting [such] this requirement.
κ1983 Statutes of Nevada, Page 319 (CHAPTER 130, AB 117)κ
establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may at any time thereafter require [such] the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting [such] this requirement. [Notwithstanding the provisions of subsection 4, if] If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn [2] 5 years after such relief is granted, if there is no outstanding claim against it.
________
Senate Bill No. 157Committee on Finance
CHAPTER 131
AN ACT making an appropriation to the health division of the department of human resources for the improvement of the tuberculosis testing area in the state health laboratory; and providing other matters properly relating thereto.
[Approved April 14, 1983]
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 health division of the department of human resources the sum of $25,000 for the improvement of the tuberculosis testing area of the Nevada state health laboratory in Reno.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1985, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 50Committee on Transportation
CHAPTER 132
AN ACT relating to traffic; allowing courts to order a person convicted of violating a traffic law to attend a drivers training school; providing penalties; and providing other matters properly relating thereto.
[Approved April 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.251 is hereby amended to read as follows:
484.251 1. It is unlawful and, unless otherwise declared in this chapter with respect to a particular [offenses,] offense, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.
κ1983 Statutes of Nevada, Page 320 (CHAPTER 132, AB 50)κ
2. The court may order any person who is twice convicted of violating a provision of this chapter to pay tuition for and attend a drivers training school which is approved by the department of motor vehicles for retraining such drivers. The person so ordered may choose from those so approved the school which he will attend. A person who willfully fails to comply with such an order is guilty of a misdemeanor.
________
Assembly Bill No. 199Committee on Taxation
CHAPTER 133
AN ACT relating to cigarette taxes; authorizing the department of taxation to deduct from the proceeds the actual costs of revenue stamps; and providing other matters properly relating thereto.
[Approved April 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 370.190 is hereby amended to read as follows:
370.190 1. The department [is authorized, upon receiving payment therefor, to] may sell Nevada cigarette revenue stamps [only] to a licensed dealer. As payment for the stamps, the department shall deduct from the excise tax collected from the dealer the actual cost incurred by the department for the stamps and for making the sale.
2. The department may provide by regulation for payment of the tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked Tax Paid.
Sec. 2. NRS 370.220 is hereby amended to read as follows:
370.220 In the sale of any cigarette revenue stamps or any metered machine settings to a licensed cigarette dealer, the department and its agents shall allow the purchaser a discount of 4 percent against the amount of excise tax otherwise due for the services rendered in affixing cigarette revenue stamps or metered machine impressions to the cigarette packages.
Sec. 3. NRS 370.265 is hereby amended to read as follows:
370.265 [Remittances] The amount of the excise tax due the department by any licensed cigarette dealer for stamps purchased during any calendar month [shall be due and payable to the department] is due not later than the 10th day of the following calendar month. Any dealer who fails to pay the excise tax due on or before the 10th day of the month shall pay a penalty of 5 percent of the tax in addition to the tax, with interest at the rate of 1 percent per month or fraction thereof from the date on which the tax becomes due until the date of payment.
________
κ1983 Statutes of Nevada, Page 321κ
Senate Bill No. 198Senators Wagner, Horn and Mello
CHAPTER 134
AN ACT relating to the department of parole and probation; making centers for the housing and supervision of certain probationers permanent; and providing other matters properly relating thereto.
[Approved April 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The department of parole and probation may:
1. Establish centers for the housing and supervision of probationers assigned to the centers under section 3 of this act.
2. Contract for any services necessary to operate these centers.
Sec. 3. Except as provided in section 4 of this act, when a district court grants probation to a person convicted of a felony or continues his probation after his return to the court for violation of a condition of probation, the court may require as a condition of granting or continuing probation that the convicted person live for a period of time specified by the court under the supervision of the department in a residential center established pursuant to section 2 of this act.
Sec. 4. The court may not assign a convicted person to a residential center under section 3 of this act:
1. If the convicted person has served a prior prison term in any state or federal penal institution.
2. Unless, in cases where probation is being granted rather than continued, the assignment is recommended by the department of parole and probation.
Sec. 5. The department of parole and probation shall:
1. Determine a fixed amount to be deducted from the wages of each probationer assigned to a residential center to partially offset the cost of providing the probationer with housing and meals at the center.
2. Arrange for all earnings of a probationer assigned to a residential center to be paid directly from the employer to the probationer who shall immediately give his earnings to the department.
3. Deduct the amount for housing, meals and medical and dental services determined under subsection 1, and distribute the remainder according to a court order for restitution, if any, or to a plan for the management of the probationers assets established by the department.
Sec. 6. The department of parole and probation may adopt regulations necessary to carry out the provisions of this act.
Sec. 7. Chapter 491, Statutes of Nevada 1981, at page 1007, is hereby repealed.
________
κ1983 Statutes of Nevada, Page 322κ
Senate Bill No. 252Committee on Finance
CHAPTER 135
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved April 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 173Senators Wagner, Horn and Mello
CHAPTER 136
AN ACT relating to the program of work release for offenders; transferring the program of work release to the department of prisons; abolishing the prisoners work release revolving loan account; and providing other matters properly relating thereto.
[Approved April 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.1095 is hereby amended to read as follows:
213.1095 The chief parole and probation officer [shall:
1. Be] :
1. Is responsible for and shall supervise the fiscal affairs and responsibilities of the department.
2. [Present,] Shall present, in conjunction with the budget division of the department of administration, the biennial budget of the department to the legislature.
3. [Establish,] May establish, consolidate and abolish sections within the department.
4. [Establish,] May establish, consolidate and abolish districts within the state to which assistant parole and probation officers are assigned.
5. [Appoint,] Shall appoint, in accordance with the provisions of chapter 284 of NRS, the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the department.
6. [Be] Is responsible for such reports of investigation and supervision and other reports as may be requested by the board or courts.
7. [Direct] Shall direct the work of all assistants and employees [as may be] assigned to him.
κ1983 Statutes of Nevada, Page 323 (CHAPTER 136, SB 173)κ
8. [Formulate] Shall formulate methods of investigation, supervision, recordkeeping and reporting.
9. [Develop] Shall develop policies of parole and probation [work, including the work release program, in the light of] after considering other acceptable and recognized correctional programs and conduct training courses for the staff.
10. [Furnish or cause to be furnished] Shall furnish to each person released under his supervision a written statement of the conditions of parole or probation, instruct [or cause to be instructed] any parolee or probationer regarding [the same,] those conditions, and advise [or cause to be advised] the board or the court of any violation of the conditions of parole and probation.
11. At the close of each biennium, shall submit to the governor and the board a report, with statistical and other data, of his work.
12. [Perform] Shall perform such other duties as are prescribed by law.
Sec. 2. NRS 213.300 is hereby amended to read as follows:
213.300 1. [The state board of parole commissioners, through the chief parole and probation officer,] The department of prisons shall establish and administer a [work release] program of work release under which a person sentenced to a term of imprisonment in [a penal or correctional institution] an institution of the department may be granted the privilege of leaving secure custody during necessary and reasonable hours to:
(a) Work in this state at gainful private employment that has been approved by the [state board of parole commissioners for such] director of the department for that purpose.
(b) Obtain in this state additional education, including [but not limited to] vocational, technical and general education.
2. The [work release] program may also include [, under rules developed by the chief parole and probation officer and approved by the state board of parole commissioners,] temporary leave for the purpose of seeking employment in this state.
3. The [chief parole and probation officer] director is responsible for the quartering and supervision of [prisoners] offenders enrolled in the [work release program.] program.
Sec. 3. NRS 213.310 is hereby amended to read as follows:
213.310 1. The director of the department of prisons shall, by appropriate means of classification and selection, determine which of the offenders, during the last 6 months confinement, are suitable for the [work release program,] program of work release, excluding those sentenced to life imprisonment who are not eligible for parole and those imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.
2. The director shall then [submit to the state board of parole commissioners] select the names of those offenders he determines to be eligible for the [work release program, and the board shall select from those names the offenders it considers to be suitable for the program.
κ1983 Statutes of Nevada, Page 324 (CHAPTER 136, SB 173)κ
3. Before work release privileges are granted to any offender so selected, the sentencing court shall be notified of the intent to take such action. If the court does not object within 10 judicial days of the notice, the state board of parole commissioners may proceed to enroll the offender in the work release program.
4. In enrolling an offender in the work release program, the state board of parole commissioners shall delegate full authority to the chief parole and probation officer to take all necessary action to enforce rules relating to the general procedures and objectives of the program.] program.
Sec. 4. NRS 213.320 is hereby amended to read as follows:
213.320 1. [The chief parole and probation officer shall administer the work release program. The chief parole and probation officer shall:] The director of the department of prisons shall administer the program of work release and shall:
(a) Locate employment for qualified applicants;
(b) Effect placement of [prisoners] offenders under the [work release] program; and
(c) Generally promote public understanding and acceptance of the [work release] program.
2. All state agencies shall cooperate with the [chief parole and probation officer] director in carrying out this section to such extent as is consistent with their other lawful duties.
3. The [chief parole and probation officer] director shall adopt rules for administering the [work release] program.
Sec. 5. NRS 213.340 is hereby amended to read as follows:
213.340 1. The [chief parole and probation officer] director of the department of prisons may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities [of prisoners enrolled in work release programs.] the offenders enrolled in programs of work release. Each such facility must satisfy standards established by the [state board of parole commissioners] director to assure secure custody of [prisoners] offenders quartered therein.
2. The [chief parole and probation officer may not enroll any prisoner in the work release program unless it has been] director shall not enroll any offender in the program of work release unless he has determined that suitable facilities for quartering the [prisoner] offender are available in the locality where the [prisoner] offender has employment or the offer of employment.
Sec. 6. NRS 213.350 is hereby amended to read as follows:
213.350 1. An offender enrolled in the [work release program] program of work release is not an agent, employee or servant of the department of prisons [or the state board of parole commissioners of this state:] while he is:
(a) [While working in employment under] Working in the program or seeking such employment; or
(b) [While going] Going to such employment from the place where he is quartered or [while] returning therefrom.
κ1983 Statutes of Nevada, Page 325 (CHAPTER 136, SB 173)κ
2. An offender enrolled in the [work release] program is considered to be an offender in an institution of the department of prisons.
Sec. 7. NRS 213.360 is hereby amended to read as follows:
213.360 1. The [chief parole and probation officer] director of the department of prisons may immediately terminate any offenders enrollment in the [work release] program of work release and transfer him to an institution of the department of prisons if, in his judgment, the best interests of the state or the offender require such action.
2. If an offender enrolled in the [work release] program is absent from his place of employment or his designated quarters without a reason acceptable to the [state board of parole commissioners from his place of employment or his designated quarters, such] director, the offenders absence:
(a) Immediately terminates his enrollment in the [work release] program.
(b) Constitutes an escape from prison, and [such] the offender shall be punished as provided in NRS 212.090.
Sec. 8. NRS 213.370 is hereby repealed.
Sec. 9. Any money in the prisoners work release revolving loan account, created pursuant to NRS 213.370, on July 1, 1983, shall revert to the state general fund. Any money owed to that account on or after July 1, 1983, must be paid directly to the state general fund as that money becomes due.
________
Assembly Bill No. 289Committee on Commerce
CHAPTER 137
AN ACT relating to insurance; prohibiting discrimination between chiropractors and other persons legally qualified to perform particular services, in fees for those services payable as benefits under policies or contracts of industrial, health and casualty insurance; and providing other matters properly relating thereto.
[Approved April 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.412 is hereby amended to read as follows:
616.412 1. All fees and charges for accident benefits are subject to regulation by the department and must not [exceed] :
(a) Exceed such fees and charges as prevail in the same community for similar treatment of injured persons of like standard of living.
(b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.
2. The department may adopt reasonable regulations necessary to carry out the provisions of this section.
Sec. 2. NRS 616.502 is hereby amended to read as follows:
616.502 The insurer may not [deny] :
κ1983 Statutes of Nevada, Page 326 (CHAPTER 137, AB 289)κ
1. Deny responsibility under this chapter for any charges for treatment of the injuries or disease of an employee solely because the treatment was provided by a person licensed to practice chiropractic pursuant to chapter 634 of NRS who is not a member of the panel of physicians.
2. In accepting responsibility for any such charges, use fee schedules which unfairly discriminate against a person legally qualified to provide the treatment, solely because he is licensed to practice chiropractic pursuant to chapter 634 of NRS and is not a member of the panel of physicians.
Sec. 3. NRS 686A.100 is hereby amended to read as follows:
686A.100 1. No person [shall] may make or permit any unfair discrimination between [individuals] persons of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract.
2. No person [shall] may make or permit any unfair discrimination between [individuals] persons of the same class and of essentially the same hazard in the amount of premium, policy fees or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever.
3. No person may make or permit any unfair discrimination between persons legally qualified to provide a particular service, in the amount of the fee or charge for that service payable as a benefit under any policy or contract of health insurance.
Sec. 4. NRS 686A.130 is hereby amended to read as follows:
686A.130 1. No property, casualty, surety or title insurer or underwritten title company or any employee or representative thereof, and no broker, agent or solicitor [shall] may pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the commissioner . [as provided by law.]
2. No title insurer or underwritten title company [shall] may:
(a) Pay, directly or indirectly, to the insured or any person acting as agent, representative, attorney or employee of the owner, lessee, mortgagee, existing or prospective, of the real property or interest therein which is the subject matter of title insurance or as to which a service is to be performed, any commission or part of its fee or charges or other consideration as inducement or compensation for the placing of any order for a title insurance policy or for performance of any escrow or other service by the insurer or underwritten title company with respect thereto; or
κ1983 Statutes of Nevada, Page 327 (CHAPTER 137, AB 289)κ
(b) Issue any policy or perform any service in connection with which it or any agent or other person has paid or contemplates paying any commission, rebate or inducement in violation of this section.
3. No insured named in a policy or any employee of such insured [shall] may knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement.
4. No such insurer [shall] may make or permit any unfair discrimination between insured or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the insurance.
5. No casualty insurer may make or permit any unfair discrimination between persons legally qualified to provide a particular service, in the amount of the fee or charge for that service payable as a benefit under any policy or contract of casualty insurance.
6. Nothing in this section [shall be construed as prohibiting the] prohibits:
(a) The payment of commissions or other compensation to licensed agents, brokers or solicitors . [; or as prohibiting the]
(b) The extension of credit to an insured for the payment of any premium and for which credit a reasonable rate of interest is charged and collected . [; or as prohibiting any]
(c) Any insurer from allowing or returning to its participating policyholders, members or subscribers, dividends, savings or unabsorbed premium deposits.
As to title insurance, nothing in this section [shall prohibit] prohibits bulk rates or special rates for customers of prescribed classes if such bulk or special rates are provided for in the currently effective schedule of fees and charges of the title insurer or underwritten title company.
[6.] 7. This section does not apply to wet marine and transportation insurance.
Sec. 5. NRS 689A.049 is hereby amended to read as follows:
689A.049 1. If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.
2. The terms of the policy must not limit [coverage] :
(a) Coverage for treatments by a chiropractor to a number less than for treatments by other physicians.
(b) Reimbursement for treatments by a chiropractor to an amount less than that reimbursed for similar treatments by other physicians.
Sec. 6. NRS 689B.039 is hereby amended to read as follows:
689B.039 1. If any group policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.
κ1983 Statutes of Nevada, Page 328 (CHAPTER 137, AB 289)κ
reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.
2. The terms of the policy must not limit [coverage] :
(a) Coverage for treatments by a chiropractor to a number less than for treatments by other physicians.
(b) Reimbursement for treatments by a chiropractor to an amount less than that charged for similar treatments by other physicians.
Sec. 7. NRS 695B.198 is hereby amended to read as follows:
695B.198 1. If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.
2. The terms of the policy must not limit [coverage] :
(a) Coverage for treatments by a chiropractor to a number less than for treatments by other physicians.
(b) Reimbursement for treatments by a chiropractor to an amount less than that charged for similar treatments by other physicians.
Sec. 8. NRS 695C.178 is hereby amended to read as follows:
695C.178 1. If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.
2. The terms of the policy must not limit [coverage] :
(a) Coverage for treatments by a chiropractor to a number less than for treatments by other physicians.
(b) Reimbursement for treatments by a chiropractor to an amount less than that charged for similar treatments by other physicians.
________
Assembly Bill No. 216Assemblymen Dini, Getto, Redelsperger and Thompson
CHAPTER 138
AN ACT relating to the disposal of sewage; requiring the state board of health to adopt regulations to control the use of individual systems; authorizing district boards of health to adopt similar regulations; and providing other matters properly relating thereto.
[Approved April 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.650 is hereby amended to read as follows:
444.650 1. [Except as provided in subsection 3, an individual system for disposal of sewage may be installed on a lot which is intended to be improved with a single-family residence if the lot is:
(a) One acre or larger if the water for the residence is drawn from a well; or
κ1983 Statutes of Nevada, Page 329 (CHAPTER 138, AB 216)κ
(b) One-quarter acre or larger if the water for the residence is provided by a public water supply.
2. Except as provided in subsection 3, an individual system for disposal of sewage may be installed on a lot which is intended to be improved otherwise than with a single-family residence if the lot has at least 22 square feet for each gallon of sewage per day estimated pursuant to the provisions of the Uniform Plumbing Code which is in effect on July 1, 1981, but not less than 25 gallons per day per fixture unit. One half of the land area must be available for sewage disposal.
3. Minimum land areas must be increased to account for the slope of the area which is used for absorption, as follows:
(a) If the slope is less than 5 percent, the minimum areas set forth in this section apply.
(b) If the slope is 5 percent or more, but less than 10 percent, the minimum area must be multiplied by 1.25.
(c) If the slope is 10 percent or more, but less than 20 percent, the minimum area must be multiplied by 1.5.
(d) If the slope is 20 percent or more, the minimum area must be multiplied by 2.0, and soil absorption trenches must be at least 20 feet, measured horizontally, from the face of the slope or the surface of the ground.
The area used to establish the slop for the purposes of this subsection is one-third acre.
4. Each individual system for disposal of sewage must comply with all other requirements set forth in the regulations of the division or of the county or district board of health.] The state board of health shall adopt regulations to control the use of an individual system for disposal of sewage in this state. Those regulations are effective except in health districts in which a district board of health has adopted regulations to control the use of an individual system for disposal of sewage in that district.
2. A board which adopts such regulations shall consider and take into account the geological, hydrological and topographical characteristics of the area within its jurisdiction.
3. The regulations adopted pursuant to this section must not conflict with the provisions of NRS 445.131 to 445.354, inclusive, and any regulations adopted pursuant to those provisions.
Sec. 2. NRS 439.200 is hereby amended to read as follows:
439.200 1. The state board of health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests of the public health.
(d) To provide for the sanitary protection of water and food supplies . [and the control of sewage disposal, but the regulations governing sewage disposal must not conflict with the provisions of the Nevada Water Pollution Control Law or regulations adopted thereunder.]
κ1983 Statutes of Nevada, Page 330 (CHAPTER 138, AB 216)κ
(e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, NRS 444.650 and NRS 445.080 to 445.710, inclusive.
(f) To protect and promote the public health generally.
(g) To carry out all other purposes of this chapter.
2. [Such] Except as otherwise provided in NRS 444.650, such regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the state regulations provided for in this section.
3. A copy of every regulation adopted by the state board of health and every regulation of a county, district or city board of health approved by the state board of health, showing the date that any such regulations take effect, must be filed with the secretary of state, and copies of such regulations must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.
Sec. 3. NRS 439.410 is hereby amended to read as follows:
439.410 1. The district board of health has the powers, duties and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public health matters in the health district.
3. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law , which shall take effect immediately on their approval by the state board of health , to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) Provide for the sanitary protection of water [,] and food supplies ; [and sewage disposal;] and
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.
4. Before the adoption, amendment or repeal of a regulation, the district board of health shall give at least 30 days notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) State each address at which the text of the proposal may be inspected and copied.
(c) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the district board for such purpose.
5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation.
κ1983 Statutes of Nevada, Page 331 (CHAPTER 138, AB 216)κ
intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.
6. Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.
________
Assembly Bill No. 13Committee on Judiciary
CHAPTER 139
AN ACT relating to the requirement for open and public meetings; providing an exception for all judicial proceedings; and providing other matters properly relating thereto.
[Approved April 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 241.030 is hereby amended to read as follows:
241.030 1. Nothing contained in this chapter prevents a public body from holding a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
2. A public body may close a meeting upon a motion which specifies the nature of the business to be considered.
3. This chapter does not:
(a) Apply to judicial proceedings . [, except those at which consideration of rules or deliberation upon the issuance of administrative orders are conducted.]
(b) Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical.
(c) Prevent the exclusion of witnesses from a public or private meeting during the examination of another witness.
(d) Require that any meeting be closed to the public.
(e) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body.
4. The exception provided by this section, and electronic communication, [shall] must not be used to circumvent the spirit or letter of this chapter in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 332κ
Assembly Bill No. 267Committee on Government Affairs
CHAPTER 140
AN ACT relating to the real estate division of the department of commerce; providing for the deposit in the state general fund of fees received by the division for certain examinations; and providing other matters properly relating thereto.
[Approved April 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645.140 is hereby amended to read as follows:
645.140 1. Except as provided in this section, all fees and charges received by the division [,] pursuant to NRS 645.830 must be deposited with the state treasurer for credit to the state general fund. The fees received by the division [for each real estate brokers and real estate salesmans examination and] from the sale of publications must be retained by the division to pay the costs of [examining the applicants and] printing and distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund. Money for the support of the division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the state are paid.
2. Each member of the commission is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
(b) The per diem allowance and travel expenses provided by law.
________
Assembly Bill No. 312Committee on Government Affairs
CHAPTER 141
AN ACT relating to law libraries; increasing the support from certain fees; and providing other matters properly relating thereto.
[Approved April 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 380.110 is hereby amended to read as follows:
380.110 1. Any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter must require that, from the fees received by the county clerk pursuant to chapter 19 of NRS, a sum established by the ordinance, not exceeding [$15] $30 in any case, must be allocated by the county clerk to a fund designated as the law library fund. These allocations may be made from the fees collected by the county clerk for the commencement in or removal to the district court of the county [,] of any civil action, proceeding or appeal, on filing the first paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of [such] these sources as may be determined by the ordinance.
κ1983 Statutes of Nevada, Page 333 (CHAPTER 141, AB 312)κ
collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of [such] these sources as may be determined by the ordinance.
2. All money so set aside must be paid by the county clerk to the county treasurer, who shall keep it separate in the law library fund.
3. The board of county commissioners may transfer from the county general fund to the law library fund such amounts as it determines are necessary for purposes of the law library.
4. Money in the law library fund must be:
(a) Expended for the purchase of law books, journals, periodicals and other publications.
(b) Expended for the establishment and maintenance of the law library.
(c) Drawn therefrom and used and applied only as provided in this chapter.
________
Assembly Bill No. 225Committee on Natural Resources, Environment and Agriculture
CHAPTER 142
AN ACT relating to watercraft; increasing the fees charged for certificates of number for motorboats; raising the threshold of property damage in the requirement that an operator report a casualty involving his vessel; and providing other matters properly relating thereto.
[Approved April 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) Proof of compliance with the requirements of chapter 361 of NRS, evidenced by a receipt for personal property tax paid on the motorboat or by an assessors certificate declaring no immediate tax collection on the motorboat under the provisions of NRS 361.505 was deemed necessary.
(c) Such evidence of ownership as the department may require.
The department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. The department shall not issue or renew a certificate of number if it has been notified by a county assessor before December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS.
κ1983 Statutes of Nevada, Page 334 (CHAPTER 142, AB 225)κ
year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS. The notice must be in such form as the department may prescribe. Upon receipt of an application from an owner who is delinquent in the payment of personal property taxes, the department shall notify the owner that the taxes are delinquent. The department may forward the certificate to the county assessor for release on payment of the taxes or may hold the certificate pending proof of payment of the taxes.
3. The application must be signed by the owner of the motorboat and must be accompanied by a fee of [$5] $7.50 for the certificate of number and a fee of $5 for the certificate of ownership. All fees received by the department under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department shall:
(a) Enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
(b) Immediately give to the county assessor of the county in which the motorboat is situated a notice containing the name and address of the owner and information identifying the motorboat.
4. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the department in order that the number may be clearly visible. The number must be maintained in legible condition.
5. The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.
6. The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number is [$5.] $7.50.
Sec. 2. NRS 488.215 is hereby amended to read as follows:
488.215 1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as he can do so without serious danger to his own vessel, crew and passengers, render to other persons affected by the [collision, accident or other] casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the [collision, accident or other] casualty, and shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the [collision, accident or other] casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the [collision, accident or other] casualty results in death or injury to a person or damage to property in excess of [$100,] $200, shall file with the department a full description of the [collision, accident or other] casualty, including such information as the commission may, by regulation, require.
κ1983 Statutes of Nevada, Page 335 (CHAPTER 142, AB 225)κ
excess of [$100,] $200, shall file with the department a full description of the [collision, accident or other] casualty, including such information as the commission may, by regulation, require.
Sec. 3. This act shall become effective on January 1, 1984.
________
Senate Bill No. 235Committee on Judiciary
CHAPTER 143
AN ACT relating to civil actions; increasing the fee for commencing a civil action; exempting proceedings for adoptions from such a fee; increasing the fee for filing a complaint in an action for divorce or annulment of marriage; and providing other matters properly relating thereto.
[Approved April 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.030 is hereby amended to read as follows:
19.030 1. On the commencement of any civil action or proceeding in the district court, other than the commencement of a proceeding for an adoption, the county clerk of each county, in addition to any other fees now provided by law, shall charge and collect [$16] $32 from the party commencing the action or proceeding.
2. On or before the 1st Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to [$16] $32 per civil case commenced as provided in subsection 1, for the preceding calendar month, and the county treasurer shall place the same to the credit of the state fund. The county treasurer shall remit quarterly all such fees turned over to him by the county clerk to the state treasurer, to be placed by the state treasurer in the state general fund . [of the state.]
Sec. 2. NRS 440.605 is hereby amended to read as follows:
440.605 1. For each divorce and annulment of marriage granted by any court in this state a report [shall] must be prepared and filed by the clerk of the district court with the state registrar. The information necessary to prepare the report [shall] must be furnished, with the complaint in the action, to the clerk of the district court by the complainant or his [or her] legal representative on the form furnished by the state registrar.
2. On the first business day of each month the clerk of the district court shall forward to the state registrar the report of each divorce and annulment granted during the preceding calendar month.
3. Every clerk of the district court shall collect, at the time the complaint is filed in any action for divorce or annulment of marriage, a fee of [$1, which shall be forwarded] $10, which he shall forward to the state treasurer to be deposited in the state general fund . [in the state treasury. Such fee shall be] This fee is in addition to the other costs in the case.
κ1983 Statutes of Nevada, Page 336 (CHAPTER 143, SB 235)κ
Sec. 3. This act shall become effective 10 days after passage and approval.
________
Assembly Bill No. 196Committee on Ways and Means
CHAPTER 144
AN ACT making an appropriation to the office of the lieutenant governor for hosting a meeting of the National Lieutenant Governors Conference; and providing other matters properly relating thereto.
[Approved April 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund for the support of office of the lieutenant governor the sum of $15,000 for hosting a meeting of the National Lieutenant Governors Conference in Lake Tahoe in August of 1983.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1984, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 216Senators Faiss, Robinson, Ashworth, Jacobsen, Blakemore, Townsend, Neal and Glaser
CHAPTER 145
AN ACT relating to substances; relaxing restrictions relating to Gerovital H3; allowing oral doses of that substance without a prescription; and providing other matters properly relating thereto.
[Approved April 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 454.201 is hereby amended to read as follows:
454.201 Dangerous drug means any drug, other than a controlled substance as defined in chapter 453 of NRS, unsafe for self-medication or unsupervised use, and includes the following:
1. Any drug which has been approved by the Food and Drug Administration for general distribution and bears the legend: Caution: Federal law prohibits dispensing without prescription;
2. [Any substance which has] Procaine hydrochloride with preservatives and stabilizers (Gerovital H3) in injectable doses and amygdalin (laetrile) which have been licensed by the state board of health for manufacture in this state but [has] have not been approved as [a drug] drugs by the Food and Drug Administration; or
κ1983 Statutes of Nevada, Page 337 (CHAPTER 145, SB 216)κ
for manufacture in this state but [has] have not been approved as [a drug] drugs by the Food and Drug Administration; or
3. Any drug which may be sold only by prescription because of regulations adopted by the board because the board has found [such] those drugs to be dangerous to public health or safety.
Sec. 2. NRS 630.303 is hereby amended to read as follows:
630.303 A physician is not subject to disciplinary action solely for prescribing or administering [amygdalin (laetrile) or procaine hydrochloride with preservatives and stabilizers (Gerovital H3)] to a patient under his care [who] :
1. Amygdalin (laetrile), if the patient has consented in writing to the use of the substance.
2. Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).
Sec. 3. NRS 633.521 is hereby amended to read as follows:
633.521 An osteopathic physician [or osteopathic physician and surgeon] is not subject to disciplinary action solely for prescribing or administering [amygdalin (laetrile) or procaine hydrochloride with preservatives and stabilizers (Gerovital H3)] to a patient under his care [who] :
1. Amygdalin (laetrile), if the patient has consented to the use of the substance.
2. Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).
Sec. 4. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A pharmacist is not subject to any penalty for dispensing or selling without a prescription oral doses of procaine hydrochloride with preservatives and stabilizers (Gerovital H3) manufactured in this state.
2. A pharmacist who dispenses or sells procaine hydrochloride with preservatives and stabilizers (Gerovital H3) pursuant to this section without a prescription shall maintain a register of persons to whom it was dispensed or sold. The register must contain:
(a) The name and address of the person to whom it was sold or dispensed;
(b) The amount sold or dispensed and the date;
(c) The signature of the person to whom it was sold or dispensed; and
(d) The signature of the dispenser, who must be a registered pharmacist or a registered intern pharmacist acting under the direct and immediate supervision of a registered pharmacist.
________
κ1983 Statutes of Nevada, Page 338κ
Senate Bill No. 98Committee on Transportation
CHAPTER 146
AN ACT relating to highways; permitting the department of transportation to relinquish unused portions of highways to counties and cities; and providing other matters properly relating thereto.
[Approved April 20, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.527 is hereby amended to read as follows:
408.527 1. Whenever the department and the county or city concerned have entered into an agreement providing therefor, and the legislative body of [such] the county or city has adopted a resolution consenting thereto, the board may relinquish to [any such] the county or city any portion of any state highway which has been deleted from the state highway system by legislative enactment. The department may likewise relinquish any portion of any state highway which has been superseded by relocation [.] or which the department determines exceeds its needs. Nothing in NRS 408.523 [shall be construed as limiting] limits the power of the board to relinquish abandoned or vacated portions of a state highway to counties and cities.
2. Relinquishment [shall be by] must be made by a resolution. A certified copy of [such] the resolution [shall] must be filed with the legislative body of the county or city concerned. [Such resolution shall] The resolution must be recorded in the office of the county recorder of the county where [such] the land is located and, upon [such] recordation, all right, title and interest of the state in and to [such] that portion of any state highway [shall vest] vests in the county or city, as the case may be, and [such] the highway or portion thereof [shall thereupon constitute] becomes a county road or city street [.] as long as it is used by the county or city for any public purpose. If the public purpose is abandoned or ceases to exist, then all right, title and interest of the county or city reverts to the department.
3. The vesting of all right, title and interest of the state in and to [such] portions of any state highways [heretofore] relinquished previously by the department in the city or county to which it was relinquished is hereby confirmed.
________
κ1983 Statutes of Nevada, Page 339κ
Assembly Bill No. 311Committee on Government Affairs
CHAPTER 147
AN ACT relating to law libraries; staggering and increasing the terms of the trustees; making various other changes; and providing other matters properly relating thereto.
[Approved April 20, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 380.020 is hereby amended to read as follows:
380.020 1. Any law library established by ordinance as provided by subsection 1 of NRS 380.010 must be governed and managed by a board of law library trustees.
2. A board of law library trustees must consist of not less than five nor more than seven members. The district judge of the judicial district in which the county is situated or, if the district has more than one district judge, a maximum of three district judges designated by all the judges of the district from among their number, are ex officio trustees . [, and the] The board of county commissioners shall appoint a sufficient number of trustees to complete the board, including at least two who are not attorneys at law.
3. Appointive members of the board must be appointed by the board of county commissioners at the first meeting of the board of county commissioners in each January, to serve for terms of [1 year.] 2 years. As nearly as may be, half of the terms must expire each year.
Sec. 2. NRS 380.030 is hereby amended to read as follows:
380.030 The board of law library trustees, by a majority vote [of all the members] recorded in the minutes with ayes and noes at length, may:
1. Remove any trustee who neglects to attend the meetings of the board, or who absents himself from such meetings.
2. Fill all vacancies that occur in the board from any cause, but the board must at all times include at least two persons who are not attorneys at law.
Sec. 3. NRS 380.050 is hereby amended to read as follows:
380.050 1. The members of the board of law library trustees shall appoint one of their number as president.
2. They shall elect a secretary who shall:
(a) Keep a full statement and account of all property, money, receipts and expenditures of the board [.] , unless the board delegates that duty.
(b) Keep a record and full minutes in writing of all proceedings of the board. The secretary may certify to such proceedings, or any part [or portion] thereof, under his hand . [, verified by the official seal adopted and provided by the board for that purpose.]
3. The board of law library trustees, by a majority vote [of all the members] recorded in the minutes with ayes and noes at length, [shall have power:
κ1983 Statutes of Nevada, Page 340 (CHAPTER 147, AB 311)κ
(a) To define] may:
(a) Define the powers and prescribe the duties of any and all officers [, determine] ;
(b) Determine the number [,] and elect all necessary subordinate officers and assistants [.
(b) To remove,] ;
(c) Remove, at its pleasure, any officer or assistant [.
(c) To fix] ; and
(d) Fix the salaries of the secretary and other subordinate officers and assistants.
Sec. 4. NRS 380.060 is hereby amended to read as follows:
380.060 The board of law library trustees, by a majority vote [of all the members] recorded in the minutes with ayes and noes at length, [shall have power:
1. To] may appoint a librarian [.
2. To fix the salary of the librarian.] and fix his salary.
Sec. 5. NRS 380.065 is hereby amended to read as follows:
380.065 1. The librarian of any law library shall administer all functions of the library, employ assistants and carry out the policies established by the governing body of the library . [, and may recommend policies to that governing body.] He shall inform the governing body of the financial status of the library quarterly and at such other times as the governing body may direct.
2. He may recommend policies to the governing body.
Sec. 6. NRS 380.080 is hereby amended to read as follows:
380.080 1. The board of law library trustees shall meet [the 1st Tuesday of each month,] at least once each calendar quarter and at such other times as the board may appoint, at a place to be appointed for that purpose.
2. A majority of [all] the members [shall constitute] constitutes a quorum for business.
Sec. 7. NRS 380.090 is hereby amended to read as follows:
380.090 1. [On or before the 1st Monday in December of] At the first meeting of the board of county commissioners in each year, the board of law library trustees shall make [an annual] a report to the board [of county commissioners giving:
(a) The condition] on the condition for the past year of the boards trust [.
(b)] , including:
(a) A full statement of all the boards property and money received, whence derived, how used and how expended.
[(c)] (b) The number of books, periodicals and other publications on hand.
[(d)] (c) The number of books, periodicals and other publications added by purchase, gift or otherwise during the year.
[(e)] (d) The number of books, periodicals and other publications lost or missing.
[(f)] (e) Such other information as might be of interest.
2. At the same time, a financial report showing all receipts and disbursements of money [shall also] must be made by the secretary [.
κ1983 Statutes of Nevada, Page 341 (CHAPTER 147, AB 311)κ
disbursements of money [shall also] must be made by the secretary [. The report shall be duly verified by his oath.] or law librarian if the duty was so delegated.
Sec. 8. NRS 380.100 is hereby amended to read as follows:
380.100 The board of law library trustees, by a majority vote [of all its members, to be] recorded in the minutes with ayes and noes at length [, shall have power:
1. To make] may:
1. Make and enforce all rules, regulations and bylaws necessary for the administration, government and protection of the library, and all property belonging thereto, or which may be loaned, devised, bequeathed or donated to the [same.
2. To purchase] library.
2. Purchase books, journals, publications and other personal property.
3. [To contract] Contract with any existing [law library association] library to make use of its library for the purpose of a public law library, under proper rules and regulations to be prescribed by the board . [, either by lease or such other contract as may best carry the purposes of this chapter into effect.]
4. Authorize the law librarian to act for the board in matters it deems appropriate.
5. Generally [to] do all that may be necessary to carry into effect the provisions of this chapter.
Sec. 9. NRS 380.120 is hereby amended to read as follows:
380.120 1. The board of law library trustees, by a majority vote [of all its members, to be] recorded in the minutes with ayes and noes at length, [shall have power to order the drawing and] may order the payment, upon properly authenticated vouchers duly certified by [the president and the secretary,] a person authorized to do so by the board, of money from the law library fund, for any liability or expenditure authorized by law.
2. The orders and demands of the [trustees,] board, when duly made and authenticated as provided in subsection 1, [shall] must be verified and audited by the county auditor or comptroller and paid by the county treasurer from the law library fund [, full] . Complete entries and records [being kept] thereof must be kept as in other cases.
3. The board may, by a majority vote recorded in the minutes with ayes and noes at length, petition the board of county commissioners to allow the board to use the countys system for accounting for the collection and disbursement of money.
4. The board may adopt such other reasonable procedures for accounting as it deems necessary.
Sec. 10. NRS 380.140 is hereby amended to read as follows:
380.140 1. [Subject to the provisions of subsection 2, whenever] When any law library established under the provisions of this chapter, [being uninsured, shall have been] is uninsured and destroyed by fire or by other public calamity, the board of county commissioners of the county in which such library was situated shall, at the next time that other tax levies are made, levy a special tax upon all taxable property [, both real and personal,] within the county, sufficient to raise a sum which will discharge any indebtedness owing for books so destroyed and a further sum sufficient to replace the library or to provide one substantially like it.
κ1983 Statutes of Nevada, Page 342 (CHAPTER 147, AB 311)κ
at the next time that other tax levies are made, levy a special tax upon all taxable property [, both real and personal,] within the county, sufficient to raise a sum which will discharge any indebtedness owing for books so destroyed and a further sum sufficient to replace the library or to provide one substantially like it.
2. [The sums so to be raised for such purposes shall not exceed in the aggregate the sum of $5,000 for any one law library.
3.] The proceeds derived from such a special tax levy [shall] must be placed in the law library fund in the county treasury [,] and [shall be] drawn upon for the purpose [herein] authorized.
Sec. 11. NRS 380.150 is hereby amended to read as follows:
380.150 The board of county commissioners shall provide [a library room] an adequate facility for the use of a law library established under the provisions of this chapter whenever such [room may be] a facility is demanded by a board of law library trustees of that county or as the need for such [room] a facility may otherwise appear.
Sec. 12. NRS 380.153 is hereby amended to read as follows:
380.153 1. The state librarian shall adopt by regulation a list of legal books and materials which are considered primary sources and which he has determined should be available in every county to the inhabitants of that county.
2. Each board of county commissioners shall ensure that all of the legal books and materials listed by the state librarian are accessible to the inhabitants of the county:
(a) By making them available for use during normal business hours [by the inhabitants of the county,] in either the law library or a public library [.] ; or
(b) Pursuant to an agreement with another library which has them.
The place where they are located must be plainly marked as an area accessible to the general public.
Sec. 13. NRS 380.160 is hereby amended to read as follows:
380.160 The law library must be free to all inhabitants of the county. The board of law library trustees, or the board of county commissioners in a county having no board of law library trustees, may prescribe regulations imposing restrictions on the privilege of borrowing books and materials from the library but may not restrict the accessibility of the library to the general public [.] during normal business hours.
Sec. 14. A board of county commissioners which is appointing members to a board of law library trustees created pursuant to NRS 380.010 for terms which begin in January 1984, shall appoint three of those members to initial terms of 1 year and the balance of the members to initial terms of 2 years. Thereafter each member must be appointed for a term of 2 years.
________
κ1983 Statutes of Nevada, Page 343κ
Assembly Bill No. 236Committee on Government Affairs
CHAPTER 148
AN ACT relating to the county airport funds; requiring the allocation of the money in a county airport fund to include an airport authority if one has been created; and providing other matters properly relating thereto.
[Approved April 20, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 494.046 is hereby amended to read as follows:
494.046 1. All money remitted to county treasurers pursuant to NRS 494.041 to 494.046, inclusive, must be credited by them to the airport fund of the county.
2. The county airport fund must be administered by the board of county commissioners.
3. The money in the fund must be available for the planning, establishment, development, construction, enlargement, improvement, operation and maintenance of airports, landing areas and air navigation facilities within the county established, owned or controlled, or to be established, owned or controlled, by the county , [or] any incorporated city or any airport authority created by special legislative act as a quasi-municipal corporation within the county.
4. The money in the fund must not be used for any purpose other than as specified in subsection 3.
5. If any airport or landing area within a county is owned or controlled by an incorporated city, the money in the county airport fund must be apportioned as follows:
(a) If the airport or landing area owned or controlled by an incorporated city is the only publicly owned or controlled airport or landing area within the county, all of the money in the fund must be allocated to [such] the incorporated city.
(b) If two or more incorporated cities within the county own or control airports or landing areas and the county does not own or control any airport or landing area, all of the money in the fund must be apportioned among [such] those incorporated cities in proportion to the assessed valuation of property within the boundaries of such cities.
(c) If the county and one or more incorporated cities within the county own or control airports or landing areas, money in the fund must be apportioned between the county and the incorporated city or cities in the same ratio as the assessed valuation of property within the boundaries of such city or cities bears to the total assessed valuation of property within the county, including property within the incorporated cities.
6. If the only airport or landing area within a county is owned or controlled by an airport authority created by special legislative act as a quasi-municipal corporation, all of the money in the fund must be allocated to the airport authority.
κ1983 Statutes of Nevada, Page 344 (CHAPTER 148, AB 236)κ
a quasi-municipal corporation, all of the money in the fund must be allocated to the airport authority.
________
Assembly Bill No. 287Assemblymen Stone, Nevin, Stewart, Berkley, Thomas, Marvel, Bourne, Fay, Malone, Perry, Redelsperger, Humke, Kerns, Collins, Thompson, May, Ham, Banner, Beyer, Bogaert, Jeffrey, Kovacs, Sedway, Joerg, Brady and Nicholas
CHAPTER 149
AN ACT relating to crimes and punishments; prohibiting necrophilia; providing a penalty; limiting the grant of probation or parole; and providing other matters properly relating thereto.
[Approved April 20, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A person who commits a sexual penetration on the dead body of a human being shall be punished by imprisonment in the state prison for life, with possibility of parole, beginning when a minimum of 5 years has been served, or by a fine of not more than $20,000, or by both fine and imprisonment.
2. A person convicted of a violation of subsection 1 shall not be granted probation or parole unless a physician who is a qualified psychiatrist certifies that the person is not a menace to the health, safety or morals of others.
3. For the purposes of this section, sexual penetration means cunnilingus, fellatio or any intrusion, however slight, of any part of a persons body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in what would be its ordinary meaning if practiced upon the living.
________
Senate Bill No. 195Committee on Finance
CHAPTER 150
AN ACT relating to the program for forest nurseries; making an appropriation for working capital; preventing the transfer of the balance in the fund for forest nurseries; and providing other matters properly relating thereto.
[Approved April 20, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 528.100 is hereby amended to read as follows:
528.100 1. In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, woodlots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the state forester firewarden, subject to the approval of the director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and natural persons for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and conservation plant materials.
κ1983 Statutes of Nevada, Page 345 (CHAPTER 150, SB 195)κ
renew the timber supply, promote erosion control, beautify urban areas, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, woodlots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the state forester firewarden, subject to the approval of the director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and natural persons for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and conservation plant materials.
2. The state forester firewarden may receive contributions of money from cooperators under the cooperative agreement.
3. The [forestry nurseries] fund for forest nurseries is hereby created as [a special revenue] an enterprise fund. All money received for the establishment, development and operation of nurseries must be accounted for in the fund. The balance in the fund may not be transferred to any other fund. All claims against the fund must be paid as other claims against the state are paid.
Sec. 2. 1. There is hereby appropriated from the state general fund to the fund for forest nurseries, created pursuant to NRS 528.100, the sum of $60,000 to provide working capital for the program for forest nurseries.
2. The state forester firewarden shall repay from the fund for forest nurseries to the state treasurer for deposit in the state general fund the sum of $60,000 in accordance with the following schedule:
In the fiscal year 1984-85............................................................................... $15,000
In the fiscal year 1985-86............................................................................... 7,500
In the fiscal year 1986-87............................................................................... 7,500
In the fiscal year 1987-88............................................................................... 7,500
In the fiscal year 1988-89............................................................................... 7,500
In the fiscal year 1989-90............................................................................... 7,500
In the fiscal year 1990-91............................................................................... 7,500
The scheduled amounts are the minimum amounts to be repaid during the corresponding fiscal years. The state forest firewarden may accelerate the repayment.
________
κ1983 Statutes of Nevada, Page 346κ
Senate Bill No. 35Senators Wagner, Wilson and Mello
CHAPTER 151
AN ACT relating to campaign practices; extending the periods required to be covered by the first and second reports of contributions and expenses; requiring separate identification of cumulative contributions which exceed a specified amount; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 294A.010 is hereby amended to read as follows:
294A.010 1. Every candidate for state, district, county, city or township office at a primary or general election shall, not later than:
(a) Fifteen days [after the primary election if the candidate wins or 30 days after the primary election if he loses, for the period from January 1 of the year of the election up to] before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
3. Every candidate for state, district, county, city or township office at a special election to determine whether a public officer shall be recalled shall report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office , except the office of justice of the peace or police judge, reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state.
κ1983 Statutes of Nevada, Page 347 (CHAPTER 151, SB 35)κ
6. Each contribution, whether from a natural person, association or corporation, in excess of $500, and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution [,] or contributions, tabulated and reported on the affidavit report form provided by the secretary of state.
7. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 294A.020 is hereby amended to read as follows:
294A.020 1. Every candidate for state, district, county, city or township office at a primary or general election shall, not later than:
(a) Fifteen days [after the primary election if the candidate wins or 30 days after the primary election if he loses, for the period from January 1 of the year of the election up to] before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report his campaign expenses on affidavit forms designed and provided by the secretary of state.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report his campaign expenses on affidavit forms designed and provided by the secretary of state.
3. Every candidate for state, district, county, city of township office at a special election to determine whether a public officer shall be recalled shall report his campaign expenses on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office , except the office of justice of the peace or police judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.
κ1983 Statutes of Nevada, Page 348 (CHAPTER 151, SB 35)κ
6. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
________
Assembly Bill No. 250Assemblyman Banner
CHAPTER 152
AN ACT relating to county recorders; reducing the time allowed for recording the certificate of marriage; allowing documents to be indexed by an optical scanner or magnetic tapes produced by a computer and reducing the fees; clarifying the fees charged for the relocation of an abandoned lode claim; and providing other matters properly relating thereto.
[Approved April 20, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 247 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. If a document contains the names of 500 or more persons which must be indexed in accordance with NRS 247.150, a county recorder may require a magnetic tape produced by a computer which can be used on the computer in the county recorders office from the person who requests the recording of that document. If this tape is furnished, the county recorder shall not charge a filing fee for any page which contains those names.
Sec. 3. If a document meets standards prescribed by the county recorder which allow that document to be indexed by a device which reads characters by an optical process, the filing fee is one-half of the fee otherwise specified.
Sec. 4. NRS 122.130 is hereby amended to read as follows:
122.130 1. Every person [solemnizing] who solemnizes a marriage shall make a record of it, and within [30] 10 days after the marriage shall make and deliver to the county recorder of the county where the license was issued a certificate under his hand containing the particulars mentioned in NRS 122.120.
2. The certificate may be in the following form:
|
State of Nevada
County of................................. |
} |
ss. |
This is to certify that the undersigned, a minister of the gospel, (judge, justice of the peace of .............................. County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ..... day of ..............., A.D. 19....., at ..........(address or church).........., ..........(city).........., join in lawful wedlock A.B. and C.D., with their mutual consent, in the presence of E.F., witness.
.......................................................
Title
κ1983 Statutes of Nevada, Page 349 (CHAPTER 152, AB 250)κ
3. All certificates [shall] must be recorded by the county recorder in a book to be kept by him for that purpose. For recording the certificates he is entitled to the fees designated in subsection 2 of NRS 122.060. All such fees [shall] must be deposited in the county general fund.
Sec. 5. NRS 270.090 is hereby amended to read as follows:
270.090 1. [Findings] The findings of fact and conclusions of law and judgment [shall] must be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in NRS and the Nevada Rules of Appellate Procedure.
2. The court or judge thereof shall in the findings and decree [adopt, settle, determine, fix and] establish a definite map or plat of the city or part thereof or addition thereto, in accordance with the pleadings and proof, and shall, by reference, make a part of the findings and judgment the map or plat so [adopted, settled, determined, fixed and] established.
3. Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous [,] or faulty maps or plats have been insufficiently or incorrectly platted, numbered or lettered, the omission, insufficiency or fault [shall] must be supplied and corrected in accordance with [such] the pleadings and proof.
4. If the map or plat prepared by the surveyor [by reason of the pleadings, proof, findings and judgment] is inadequate or impracticable of use for the judgment, the judgment or decree may require the making of a new map or plat in accordance with the provisions of the findings and judgment.
5. A certified copy of [such] the judgment, together with such map or plat as is [adopted, settled, determined, fixed and] established by the court, [shall] must be filed in the office of the county recorder of the county in which the action is tried. All the ties and descriptions of section or quarter section corners, monuments or marks required by NRS 270.020 [shall] must appear on [such] the map finally established by the judgment. The county recorder [shall be entitled to] may collect and receive as his fees for recording and indexing the certified copy of the judgment and map , [the following sums:] $10 for the map, and [regular charges, as provided by law for the decree,] the specific statutory fees for the judgment, but not exceeding $50.
6. The judgment may require that all prior existing maps in conflict with the map or plat adopted [, shall] be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.
Sec. 6. NRS 517.080 is hereby amended to read as follows:
517.080 1. The relocation of an abandoned lode claim [shall] must be made by preparing two copies of a map of the claim as provided by NRS 517.040, and erecting new boundaries or adopting the old boundaries [,] by renewing the posts or monuments if they have been removed or destroyed.
κ1983 Statutes of Nevada, Page 350 (CHAPTER 152, AB 250)κ
been removed or destroyed. In either case, a new location monument [shall] must be erected.
2. Two copies of the claim map [shall] must be filed with duplicate location certificates with the county recorder of the county in which such claim is situated, accompanied by a filing fee [of $20.] as prescribed in NRS 517.040.
________
Senate Bill No. 353Committee on Taxation
CHAPTER 153
AN ACT relating to the property tax; extending the time to commence an action to recover an overpayment of the tax under certain circumstances; and providing other matters properly relating thereto.
[Approved April 20, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.420 is hereby amended to read as follows:
361.420 1. Any property owner whose taxes are in excess of the amount which the owner claims justly to be due may pay each installment of taxes as it becomes due under protest in writing. The protest must be in triplicate and filed with the county treasurer at the time of the payment of the installment of taxes. The county treasurer forthwith shall forward one copy of the protest to the attorney general and one copy to the state controller.
2. The property owner, having protested the payment of taxes as provided in subsection 1 and having been denied relief by the state board of equalization, may commence a suit in any court of competent jurisdiction in the State of Nevada against the state and county in which the taxes were paid, and, in a proper case, both the Nevada tax commission and the department may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which the owner claims justly to be due, and the owner may complain upon any of the grounds contained in subsection 4.
3. Every action commenced under the provisions of this section must be commenced within 3 months after the date of the payment of the last installment of taxes, and if not so commenced is forever barred. If the tax complained of is paid in full and under the written protest provided for in this section, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due must be commenced within 3 months after the date of the full payment of the tax [,] or the issuance of the decision of the state board of equalization denying relief, whichever occurs later, and if not so commenced is forever barred.
κ1983 Statutes of Nevada, Page 351 (CHAPTER 153, SB 353)κ
4. In any suit brought under the provisions of this section, the person assessed may complain or defend upon any of the following grounds:
(a) That the taxes have been paid before the suit;
(b) That the property is exempt from taxation under the provisions of the revenue or tax laws of the state, specifying in detail the claim of exemption;
(c) That the person assessed was not the owner and had no right, title or interest in the property assessed at the time of assessment;
(d) That the property is situate in and has been assessed in another county, and the taxes thereon paid;
(e) That there was fraud in the assessment or that the assessment is out of proportion to and above the taxable cash value of the property assessed;
(f) That the assessment is out of proportion to and above the valuation fixed by the Nevada tax commission for the year in which the taxes were levied and the property assessed; or
(g) That the assessment complained of its discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the taxable value of the property so assessed than that at which the other property in the state is assessed.
5. In a suite based upon any one of the grounds mentioned in paragraphs (e) to (g), inclusive, of subsection 4, the court shall conduct the trial without a jury and confine its review to the record before the state board of equalization. Where procedural irregularities by the board are alleged and are not shown in the record, the court may take evidence respecting the allegation and, upon the request of either party, shall hear oral argument and receive written briefs on the matter.
6. In all cases mentioned in this section where the complaint is based upon any grounds mentioned in subsection 4, the entire assessment must not be declared void but is void only as to the excess in valuation.
7. In any judgment recovered by the taxpayer under this section, the court may provide for interest thereon not to exceed 6 percent per annum from and after the date of payment of the tax complained of.
Sec. 2. The extension of time to commence an action under subsection 3 of NRS 361.420 to recover an overpayment of taxes where the tax complained of is paid in full at the time of the payment of the first installment of taxes applies retroactively to all taxes paid during the fiscal year 1982-83.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 352κ
Assembly Bill No. 330Assemblyman Dini
CHAPTER 154
AN ACT relating to water; permitting the irrigation of unimproved pasture; raising the threshold for holding elections on certain proposals of irrigation districts; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.530 is hereby amended to read as follows:
533.530 1. It [shall be deemed] is an unlawful use and waste of water for any person [or persons,] during the irrigating season:
(a) To divert and conduct the water, or portion thereof, of any river, creek, or stream into any slough , [or sloughs,] dam or [dams, pond or ponds,] pond and retain, or cause the [same] water to be held or retained therein, without making any other use of [such] the water; or
(b) To divert and conduct the water, or portion thereof, away from any [such] river, creek or stream, and run [,] or [cause or] allow the [same] water to run to waste on sagebrush or greasewood land.
The irrigation of unimproved pasture which has a surface water right shall not be deemed to be a waste of water.
2. Any person [or persons, company, corporation or association who shall, during the irrigating season, divert and conduct, or any person or persons aiding, abetting or assisting any such person or persons, company, corporation or association in diverting and conducting, during the irrigating season, the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, or pond or ponds, and retain or cause the same to be retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any river, creek or stream, and run or cause or allow the same to run to waste, contrary to and in violation] who wastes water in violation of any of the provisions of [this section, shall be] subsection 1 is guilty of a misdemeanor.
Sec. 2. NRS 539.237 is hereby amended to read as follows:
539.237 1. The board of directors [shall have the right:
(a) To generate,] may:
(a) Generate, produce, transmit and sell electric power or electrical energy in any form in furtherance of the purposes of this chapter.
(b) [To acquire] Acquire or contract for the delivery of electric power and electric power or transmission lines.
2. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, the board [shall not have the power to] may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of [$15,000] $50,000 without first calling a special election thereon as provided in NRS 539.240.
κ1983 Statutes of Nevada, Page 353 (CHAPTER 154, AB 330)κ
3. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, the board [shall not have the power to] may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $100,000 without first calling a special election thereon as provided in NRS 539.240.
Sec. 3. NRS 539.240 is hereby amended to read as follows:
539.240 1. [In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, any proposal to enter into a contract for the acquisition of electric power and transmission lines, or to lease the same or to construct the same where the cost thereof exceeds $15,000, shall be voted upon at an election wherein proceedings shall be had insofar as applicable in the manner provided in the case of the ordinary issuance of district bonds. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, any proposal to enter into a contract for the acquisition of electric power and transmission lines, or to lease the same or to construct the same where the cost thereof exceeds $100,000, shall be voted upon at an election wherein proceedings shall be had insofar as applicable in the manner provided in the case of the ordinary issuance of district bonds.] Any proposal to enter into a contract for the acquisition of electric power and transmission lines, or to lease or construct those lines:
(a) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of less than 250,000 acre-feet, where the cost of the proposed acquisition, lease or construction exceeds $50,000; or
(b) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of 250,000 acre-feet or more, where the cost of the proposed acquisition, lease or construction exceeds $100,000,
must be voted upon at an election held as nearly as may be in the same manner as for the issuance of district bonds.
2. Notice of the election [provided for in this section shall] must contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the [same,] proposal, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction.
3. The ballots [of such election shall] must contain a brief statement of the general purpose for which the election is to be held, and the maximum amount of the obligation to be assumed, with the words ........... (Question) — Yes, and ............... (Question) — No, or ............. (Question) and bonds — Yes, and ........................ (Question) and bonds — No.
4. The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county wherein is located the office of the board, to determine the validity thereof and the authority of the board to enter into such contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds; whereupon the same proceedings [shall] must be had as in the ordinary case of the judicial determination of the validity of bonds, and with like effect.
κ1983 Statutes of Nevada, Page 354 (CHAPTER 154, AB 330)κ
validity thereof and the authority of the board to enter into such contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds; whereupon the same proceedings [shall] must be had as in the ordinary case of the judicial determination of the validity of bonds, and with like effect.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 284Assemblymen Perry, Schofield, Collins, Malone, Bourne, Sader, Nevin, Swain, Joerg, Price, Marvel, Banner, Fay, May, Bogaert, Stewart, Bilyeu, Redelsperger, Nicholas, DuBois, Getto, Chaney, Bremner, Coffin, Berkley, Thompson, Jeffrey, Kovacs, Dini, Humke, Vergiels, Francis and Sedway
CHAPTER 155
AN ACT relating to savings and loan associations; reducing the number of meetings required for their directors; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 673.215 is hereby amended to read as follows:
673.215 1. The board of directors of each association shall hold a regular meeting at least once each [month,] quarter, at a time to be designated by it in accordance with its bylaws.
2. Special meetings of the board of directors may be held upon notice to each director sufficient to permit his attendance. The president or any three members of the board of directors may call a meeting of the board of directors by giving notice to all of the directors.
3. At any meeting of the board of directors, a majority of the members [shall constitute] constitutes a quorum for the transaction of business.
________
κ1983 Statutes of Nevada, Page 355κ
Assembly Bill No. 255Committee on Labor and Management
CHAPTER 156
AN ACT relating to industrial insurance; authorizing the state industrial insurance system to hear appeals concerning employers accounts; authorizing the system to impose penalties upon employers failing to comply with requirements for reporting payrolls and premiums; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any party aggrieved by a written decision of an employee of the system relating to employers accounts, including but not limited to matters concerning audits and the classification of risks, may appeal from the decision by filing a notice of appeal with the manager within 30 days after the date of the decision.
2. The decision of the manager is the final and binding administrative determination of an appeal relating to employers accounts under this chapter, and the whole record consists of all evidence taken at the hearing before the manager and any findings of fact and conclusions of law based thereon.
Sec. 2. NRS 616.182 is hereby amended to read as follows:
616.182 1. Except as otherwise provided in this section, the department of industrial relations shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the departments regulations.
2. The commissioner of insurance is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers pursuant to NRS 616.291 to 616.298, inclusive, 616.337 and 616.338.
3. The department of administration is responsible for administrative appeals relating to workers compensation pursuant to NRS 616.541 to 616.544, inclusive. The system is responsible for administrative appeals pursuant to section 1 of this act.
4. The state industrial attorney is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.
Sec. 3. NRS 616.226 is hereby amended to read as follows:
616.226 Hearing officers, appeals officers , [and] the administrator [,] and the manager, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter may:
1. Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
2. Administer oaths.
3. Certify to official acts.
4. Call and examine under oath any witness or party to a claim.
5. Maintain order.
κ1983 Statutes of Nevada, Page 356 (CHAPTER 156, AB 255)κ
6. Rule upon all questions arising during the course of a hearing or proceeding.
7. Permit discovery by deposition or interrogatories.
8. Initiate and hold conferences for the settlement or simplification of issues.
9. Dispose of procedural requests or similar matters.
10. Generally regulate and guide the course of a pending hearing or proceeding.
Sec. 4. NRS 616.230 is hereby amended to read as follows:
616.230 If any person disobeys an order of an appeals officer, a hearing officer , [or] the administrator or the manager, or a subpena issued by the manager, administrator, appeals officer, hearing officer, inspector or examiner, or refuses to permit an inspection, or as a witness, refuses to testify to any matter for which he may be lawfully interrogated, the district judge of the county in which the person resides, on application of the appeals officer, hearing officer , [or] the administrator [,] or the manager, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
Sec. 5. NRS 616.235 is hereby amended to read as follows:
616.235 1. Each officer who serves a subpena is entitled to receive the same fees as a sheriff.
2. Each witness who appears in obedience to a subpena before an appeals officer, a hearing officer , [or] the administrator or the manager is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
3. Claims for witnesses fees must be audited and paid from the state treasury in the same manner as other expenses are audited and paid upon the presentation of proper vouchers approved by an appeals officer, a hearing officer , [or] the administrator [.] or the manager.
4. A witness subpenaed at the instance of a party other than an appeals officer, a hearing officer , [or] the administrator or the manager is not entitled to compensation from the state treasury unless an appeals officer, a hearing officer , [or] the administrator or the manager certifies that his testimony was material to the matter investigated.
Sec. 6. NRS 616.245 is hereby amended to read as follows:
616.245 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by an appeals officer, a hearing officer , [or] the administrator [,] or the manager, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer had been present and testified to the facts so certified.
κ1983 Statutes of Nevada, Page 357 (CHAPTER 156, AB 255)κ
2. A copy of the transcript must be furnished on demand to any party upon the payment of the fee required for transcripts in courts of record.
Sec. 7. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the system with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed during the month; and
(b) A segregation of employment in accordance with the requirements of the system,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be $24,000.
3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.
5. If an audit of the accounts or actual payroll of an employer shows the actual premium earned exceeds the estimated advance premium paid, the manager may require the payment of a sum sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.
6. The manager shall notify any employer or his representative by first class mail of any failure on his part to comply with the [foregoing] provisions [.] of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
7. The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for a failure on the part of an employer to submit the information required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
Sec. 8. NRS 616.542 is hereby amended to read as follows:
616.542 1. The governor shall appoint one or more appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Each appeals officer shall hold officer for [a term of] 4 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law for employees in the unclassified service of the state.
κ1983 Statutes of Nevada, Page 358 (CHAPTER 156, AB 255)κ
2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for [a period of] at least 2 years. An appeals officer shall not engage in the private practice of law.
3. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case and the governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer is entitled to be paid at an hourly rate, based upon the appeals officers salary.
4. The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under this chapter or chapter 617 or NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
Sec. 9. NRS 616.5422 is hereby amended to read as follows:
616.5422 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. The appeals officer shall, within 10 days after receiving a notice of appeal, schedule a hearing for a date and time within 60 days after his receipt of the notice and give notice by mail or by personal service to all parties to the appeal and their attorneys at least 30 days before the date and time scheduled.
3. An appeal may be continued upon written stipulation of all parties, or upon good cause shown, but not for more than 45 days after the date of the stipulation. Notice of continuance must be given by mail or by personal service to all interested parties.
Sec. 10. NRS 616.5424 is hereby amended to read as follows:
616.5424 At any time 10 or more days before a scheduled hearing before an appeals officer , [or] the administrator [,] or the manager, a party shall mail or deliver to the opposing party any affidavit which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced into evidence, will have the same effect as if the affiant had given sworn testimony before the appeals officer , [or] the administrator [.] or the manager.
Sec. 11. NRS 616.544 is hereby amended to read as follows:
616.544 If [an appeal is taken to] a party petitions the district court [from] for judicial review of a final decision of an appeals officer or the manager, and [such appeal] the petition is found by the district court to be frivolous or brought without reasonable grounds, the district court may order costs and a reasonable attorneys fee to be paid by the [party taking such appeal.]
κ1983 Statutes of Nevada, Page 359 (CHAPTER 156, AB 255)κ
the district court may order costs and a reasonable attorneys fee to be paid by the [party taking such appeal.] petitioner.
________
Assembly Bill No. 228Committee on Judiciary
CHAPTER 157
AN ACT relating to grand juries; setting the time when the transcript of the proceedings becomes public; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 172.225 is hereby amended to read as follows:
172.225 1. If an indictment has been found or accusation presented against a defendant, the stenographic reporter shall certify and file with the county clerk an original transcription of his notes and a copy thereof and as many additional copies as there are defendants.
2. The reporter shall complete [such] the certification and filing within 10 days after the indictment has been found or the accusation presented unless the court for good cause makes an order extending the time.
3. The county clerk shall [deliver] :
(a) Deliver a copy of the transcript so filed with him to the district attorney immediately upon his receipt thereof [, shall retain] ;
(b) Retain one copy for use only by judges in proceedings relating to the indictment or accusation [, and shall deliver] ; and
(c) Deliver a copy of [such] the transcript to each [such] defendant who is in custody or has given bail or to his attorney.
4. Any defendant to whom [such] a copy has not been delivered is entitled upon motion to a continuance of his arraignment until a date 10 days after he actually receives [such] a copy.
5. If several criminal charges against a defendant are investigated on one investigation and thereafter separate indictments are returned or accusations presented upon the several charges, the delivery to [such] the defendant or his attorney of one copy of the transcript of [such] the investigation is a compliance with this section as to all of [such] the indictments or accusations.
6. Upon the filing of such a transcript with the county clerk, the transcript and any related physical evidence exhibited to the grand jury become a matter of public record unless the court:
(a) Orders that the presentment or indictment remain secret until the defendant is in custody or has been given bail; or
(b) Upon motion, orders the transcript and evidence to remain secret until further order of the court.
________
κ1983 Statutes of Nevada, Page 360κ
Assembly Bill No. 324Assemblymen Stewart, Stone, Jeffrey, Redelsperger, Humke, DuBois, Bilyeu, Berkley, Brady, Nicholas, Malone, Ham, Fay, Nevin, Schofield, Thomas, Beyer, Price, Coffin, Thompson and Zimmer
CHAPTER 158
AN ACT relating to parole; excluding statutes which specify a minimum sentence which must be served before parole from application of credits for good time; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.443 is hereby amended to read as follows:
209.443 1. Every offender who is sentenced to an institution of the department after June 30, 1969, who has no serious infraction of the regulations of the institution, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, [shall] must be allowed for the period he is actually incarcerated under sentence a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit [shall] must be recorded on a monthly basis as earned for actual time served.
2. [The mode of reckoning credits shall be] Credits accumulate as shown in the following table:
SCHEDULE OF CREDITS
Number of Good time Total good
years served. granted. time made.
1 year ........................................................... 2 months 2 months
2 years.......................................................... 2 months 4 months
3 years.......................................................... 4 months 8 months
4 years.......................................................... 4 months 1 year
5 years.......................................................... 5 months 1 year, 5 months
6 years.......................................................... 5 months 1 year, 10 months
7 years.......................................................... 5 months 2 years, 3 months
8 years.......................................................... 5 months 2 years, 8 months
9 years.......................................................... 5 months 3 years, 1 month
10 years........................................................ 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made [shall] must be deducted from the maximum term imposed by the sentence and [shall apply to parole eligibility as provided by law.] , except as provided in subsection 5, applies to eligibility for parole.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes.
κ1983 Statutes of Nevada, Page 361 (CHAPTER 158, AB 324)κ
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 as determined by the director.
5. Good time does not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 2. The provisions of this amendatory act apply to persons convicted of offenses committed on or after July 1, 1983.
________
Assembly Bill No. 282Committee on Government Affairs
CHAPTER 159
AN ACT relating to the state personnel system; creating an employee-management committee; providing its powers and duties; revising provisions governing the adjustment of grievances; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. The employee-management committee, consisting of six members appointed by the governor, is hereby created.
2. The governor shall appoint to the committee:
(a) Three persons to represent management within the executive department of state government, and three persons to serve as alternates for them.
(b) Three persons to represent employees within the executive department of state government, and three persons to serve as alternates for them.
3. The representatives of employees and their alternates must be selected from a list, supplied by state employees or one or more state employees groups, or any combination of these, containing twice as many names as there are vacancies to be filled.
4. The members of the committee and the alternatives shall serve for 2 years.
Sec. 3. 1. The chairman of the employee-management committee must be chosen by a majority vote of the members.
2. The committee shall adopt such rules as it deems necessary for its own management.
3. The committee shall meet at least once every 3 months and at such other times as the chairman may designate.
4. The personnel division shall provide secretarial services for the committee.
Sec. 4. The employee-management committee shall:
1. Serve in an advisory capacity to the governor, the commission and the personnel division with respect to all matters of personnel administration and relations between management and employees.
κ1983 Statutes of Nevada, Page 362 (CHAPTER 159, AB 282)κ
and the personnel division with respect to all matters of personnel administration and relations between management and employees.
2. Receive, consider and make recommendations on matters relating to personnel administration, policy and procedures.
3. Provide a forum for the hearing of employees suggestions, complaints or disciplinary problems.
4. Provide a means of communication for disseminating information to employees regarding the personnel program.
5. Hold hearings, when requested, and make final decisions for the adjustment of grievances as provided by the regulations of the commission.
Sec. 5. NRS 284.384 is hereby amended to read as follows:
284.384 1. The chief shall propose, and the commission shall adopt, regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.376 or 284.390.
2. The [regulation adopted pursuant to this section] regulations must provide procedures for:
(a) Consideration and adjustment of the grievance within the agency in which it arose.
(b) Submission of the grievance to the personnel division for review and recommendation if no resolution is reached within the agency.
(c) Submission to the employee-management committee for final decision if the employee is still dissatisfied with the resolution of the dispute.
3. The regulations must include provisions for:
(a) Submitting each proposed resolution of a dispute which has a fiscal effect to the budget division of the department of administration for a determination by that division whether the resolution is feasible on the basis of its fiscal effects; and
(b) Making the resolution binding . [only if the budget division finds that it is feasible.]
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 221Committee on Government Affairs
CHAPTER 160
AN ACT relating to ordinances; lengthening the time required for publishing the notice of filing proposed ordinances; amending the city charters in that regard; and providing other matters properly relating thereto.
[Approved April 21, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.100 is hereby amended to read as follows:
244.100 1. All proposed ordinances, when first proposed, must be read by title to the board, immediately after which at least one copy of the proposed ordinance must be filed with the county clerk for public examination.
κ1983 Statutes of Nevada, Page 363 (CHAPTER 160, AB 221)κ
of the proposed ordinance must be filed with the county clerk for public examination. Notice of the filing, together with the title and an adequate summary of the ordinance and the date on which a public hearing will be held, must be published once in a newspaper published in the county or, if no newspaper is published in the county, in a newspaper having a general circulation in the county, at least [3 working] 10 days before the date set for the hearing. The board shall adopt or reject the ordinance, or the ordinance as amended, within 35 days after the date of the close of the final public hearing, except that in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.
2. After adoption, all ordinances must be:
(a) Signed by the chairman of the board.
(b) Attested by the county clerk.
(c) Published by title only, together with the names of the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before it goes into effect. Publication by title must also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.
3. Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the board of county commissioners, no further publication is necessary.
4. Except in an emergency, before acting upon a new or amendatory ordinance the board must hold a hearing at which interested persons may present their views. The public hearing may be held in conjunction with the meeting provided for in subsection 1.
Sec. 2. NRS 244.105 is hereby amended to read as follows:
244.105 1. An ordinance [adopting any] which adopts:
(a) A specialized or uniform building, plumbing or electrical code [or codes,] printed in the form of a book or pamphlet ; [form, or any]
(b) Any other specialized or uniform code [or codes of any nature whatsoever printed, may adopt such code, or any portion thereof,] ; or
(c) Any portion of such a code,
may adopt it by reference with such changes as may be necessary to make [the same] it applicable to conditions in the county, and with such other changes as may be desirable .
κ1983 Statutes of Nevada, Page 364 (CHAPTER 160, AB 221)κ
make [the same] it applicable to conditions in the county, and with such other changes as may be desirable . [, by reference thereto.
2. Such]
2. The code upon adoption need not be published as required by NRS 244.100 if an adequate number of copies of the code, either typewritten or printed, with [such] the changes, if any, [shall] have been filed for use and examination by the public in the office of the county clerk . [at least 1 week prior to the passage of the ordinance adopting the code. Notice of filing shall] Notice of the filing must be given by one publication in a newspaper having a general circulation in the county, and the copies must be filed, at least [1 week prior to] 10 days before the passage of the ordinance . [adopting the code.]
Sec. 3. NRS 266.115 is hereby amended to read as follows:
266.115 1. The style of ordinances [shall] must be as follows: The City Council of the City of ......................... do ordain. All proposed ordinances, when first proposed, must be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance must be filed with the city clerk for public examination. Notice of the filing, together with an adequate summary of the ordinance, must be published once in a newspaper published in the city, if any , [there be,] otherwise in some newspaper published in the county [and having] which has a general circulation in the city, at least [1 week] 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days after the date of publication, except that in cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose.
2. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the council, and thereafter it must be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance must be finally voted upon or action on it postponed.
3. After final adoption the ordinance must be signed by the mayor, and, together with the votes cast on it, [shall] must be:
(a) Published by title, together with an adequate summary including any amendments, once in a newspaper published in the city, if any , [there be,] otherwise in a newspaper published in the county and having a general circulation in the city; and
(b) Posted in full in the city hall.
The ordinance must go into effect 20 days after its publication, except emergency ordinances which may be effective immediately.
Sec. 4. NRS 268.012 is hereby amended to read as follows:
268.012 An ordinance [adopting any] which adopts:
1. A specialized or uniform building, plumbing or electrical code [or codes,] printed in the form of a book or pamphlet ; [form, or any]
2. Any other specialized or uniform code [or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof,] ; or
κ1983 Statutes of Nevada, Page 365 (CHAPTER 160, AB 221)κ
whatsoever so printed, may adopt such code, or any portion thereof,] ; or
3. Any portion of such a code,
may adopt it by reference with such changes as may be necessary to make [the same] it applicable to conditions in the city, and with such other changes as may be desirable, [by reference thereto,] without the necessity of reading the [same at length. Such] code at length. The code, upon adoption, need not be published if an adequate number of copies of [such] the code, either typewritten or printed, with [such] the changes, if any, have been filed for use and examination by the public in the office of the city clerk . [at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto.] Notice of [such filing shall] the filing must be given by one publication in a newspaper in the city, if there is one, otherwise in some newspaper published in the county [and having] with a general circulation in the city, and the copies must be filed, at least [1 week prior to] 10 days before the passage of the ordinance . [adopting the code.]
Sec. 5. NRS 266.155 is hereby repealed.
Sec. 6. Section 22 of the charter of Boulder City is hereby amended to read as follows:
Section 22. Introduction of ordinances; notice; final action; publication.
1. The style of ordinances enacted by the council [shall] must be as follows: The City Council of Boulder City do ordain.
2. The style of ordinances enacted by the people through the exercise of the initiative [shall] must be as follows: The People of Boulder City do ordain.
3. All proposed ordinances, when first proposed, [shall] must be read by title to the council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance [shall] must be filed with the city clerk for public examination. Notice of [such filing shall] the filing must be published once in a newspaper published in the city, if [any there be,] there is one, otherwise in some newspaper published in the county [and having] with a general circulation in the city, at least [3 days prior to] 10 days before the adoption of the ordinance. The council shall adopt or reject the ordinance, or the ordinance as amended within 30 days [from] after the date of [such] publication, except that in cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose.
4. At the next regular or adjourned meeting of the council following the proposal of an ordnance and its reference to committee, if any, the proposed ordinance, or the ordinance as amended, [shall] must be finally voted upon or action thereon postponed to a time certain.
5. After adoption , all ordinances [shall] must be signed by the Mayor, attested by the city clerk [,] and [shall be] published, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of [Nevada Revised Statutes Chapter 238,] chapter 238 of NRS, as amended from time to time, and published in the city or county for at least one publication, before the ordinance [shall become] becomes effective.
κ1983 Statutes of Nevada, Page 366 (CHAPTER 160, AB 221)κ
against passage, in a newspaper qualified pursuant to the provisions of [Nevada Revised Statutes Chapter 238,] chapter 238 of NRS, as amended from time to time, and published in the city or county for at least one publication, before the ordinance [shall become] becomes effective.
6. Except as provided in subsections 7 and 8, all ordinances [shall go into effect] become effective 20 days after [the] publication . [of the same.]
7. Emergency ordinances having for their purpose the immediate preservation of the public peace, health or safety, containing a declaration of and the facts constituting its urgency and passed by a four-fifths vote of the council, and ordinances calling or otherwise relating to a municipal election, [shall be] become effective on the date specified therein.
8. All ordinances having for their purpose the lease or sale of real estate owned by the city (except city-owned subdivision or cemetery lots) may be effective not fewer than 5 days after the publication . [of the same.]
Sec. 7. Section 2.100 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 59, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least [1 week prior to] 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such] the ordinance back to the city council. Thereafter, it [shall] must be read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.040, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk [,] and [shall be] published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective.
κ1983 Statutes of Nevada, Page 367 (CHAPTER 160, AB 221)κ
passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 8. Section 2.110 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 607, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the board of councilmen by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be posted at two public bulletin boards in the city at least [1 week prior to] 10 days before the adoption of the ordinance. The board of councilmen shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] posting.
2. At the next regular meeting or adjourned meeting of the board of councilmen following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such] the ordinance back to the board of councilmen. Thereafter, it [shall] must be read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of councilmen, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be posted.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk [,] and [shall be] posted, together with the names of the councilmen voting for or aginst passage, at two public bulletin boards in the city for at least 1 week before the ordinance [shall become] becomes effective. The board of councilmen may, by majority vote, order the publication of the ordinance in full in a newspaper of general circulation within the city in lieu of posting.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of posting and publication by the publisher.
Sec. 9. Section 2.110 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 58, Statutes of Nevada 1981, at page 149, is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 368 (CHAPTER 160, AB 221)κ
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the board by title, after which an adequate number of copies of the proposed ordinance must be filed with the clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City at least [1 week prior to] 10 days before the adoption of the ordinance. The board shall adopt or reject the ordinance or amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the board following the proposal of an ordinance it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the clerk need be published.
4. All ordinances must be signed by the mayor, attested by the clerk [,] and [must be] published by title, together with the names of the supervisors voting for or aginst passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance becomes effective. The board may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher.
Sec. 10. Section 2.110 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 479, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the board of supervisors by title and may be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least [1 week prior to] 10 days before the adoption of the ordinance. The board of supervisors shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.
2. At the next regular meeting or adjourned meeting of the board of supervisors following the proposal of an ordinance, [such ordinance shall] the ordinance must be considered again with the report of the committee, if any.
κ1983 Statutes of Nevada, Page 369 (CHAPTER 160, AB 221)κ
board of supervisors following the proposal of an ordinance, [such ordinance shall] the ordinance must be considered again with the report of the committee, if any. Thereafter, it [shall] must read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.020, by unanimous consent of the board of supervisors, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk [,] and [shall be] published by title, together with the names of the supervisors voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective. The board of supervisors may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 11. Section 2.110 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 389, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the board of councilmen by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the county at least [1 week prior to] 10 days before the adoption of the ordinance. The board of councilmen shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.
2. At the next regular meeting or adjourned meeting of the board of councilmen following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such] the ordinance back to the board of councilmen. Thereafter, it [shall] must be read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of
κ1983 Statutes of Nevada, Page 370 (CHAPTER 160, AB 221)κ
councilmen, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk [,] and [shall be] published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective. The board of councilmen may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 12. Section 2.100 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 149, Statutes of Nevada 1973, at page 204, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least [1 week prior to] 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such] the ordinance back to the city council. Thereafter, it [shall] must be read by title only, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.040, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk [,] and [shall be] published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective.
κ1983 Statutes of Nevada, Page 371 (CHAPTER 160, AB 221)κ
in the city for at least one publication, before the ordinance [shall become] becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 13. Section 2.110 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, as amended by chapter 759, Statutes of Nevada 1981, at page 1938, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the board of commissioners by title and referred to a committee composed of any number of members of the board for consideration, after which an adequate number of copies of the proposed ordinance must be deposited with the city clerk for public examination and distribution upon request. Except as otherwise provided in subsection 3, notice of the deposit must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, and published in the city at least [1 week] 10 days before the adoption of the ordinance. The board of commissioners shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.
2. At the next regular meeting or adjourned meeting of the board of commissioners following the proposal of an ordinance and its reference to committee, the committee shall report on the proposed ordinance or request additional time to consider it. The committee must complete its additional consideration of the proposed ordinance and report to the board within the 30-day period specified in subsection 1. After a report by the committee, the proposed ordinance must be read by title as first introduced, or as amended, and finally voted upon or action thereon postponed; but the ordinance must be adopted, with or without amendments, or rejected within 30 days [from] after the date of publication as provided in subsection 1.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of commissioners final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the members of the board of commissioners voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, and published in the city at least once, before the ordinance becomes effective. The board of commissioners may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
κ1983 Statutes of Nevada, Page 372 (CHAPTER 160, AB 221)κ
majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a register kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 14. Section 2.100 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 301, Statutes of Nevada 1979, at page 452, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the city council by title, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing [shall] must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least [1 week] 10 days before the adoption of the ordinance.
2. At the next regular meeting of the city council following the proposal of an ordinance, it must be read by title as first introduced, any amendment must be proposed and voted upon and thereupon the proposed ordinance, with any adopted amendments, must be finally voted upon or action thereon postponed.
3. Where the ordinance is of a kind specified in section 7.040, by unanimous consent a special meeting may be called for the purpose of taking final action, and by a majority vote of the city council final action may be taken immediately and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. It shall become effective immediately upon passage.
4. All ordinances must be signed by the mayor, attested by the city clerk [,] and [be] published in the city, once, by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, before the ordinance, except as otherwise provided in subsection 3, [shall become] becomes effective. The city council may, by a majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances, together with the affidavits of publication by the publisher, until disposed of in accordance with law.
Sec. 15. Section 2.100 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution.
κ1983 Statutes of Nevada, Page 373 (CHAPTER 160, AB 221)κ
be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least [1 week prior to] 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such] the ordinance back to the city council. Thereafter, it [shall] must be read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk, [,] and [shall be] published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 16. Section 2.080 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 716, is hereby amended to read as follows:
Sec. 2.080 Ordinances: Enactment procedure; emergency ordinances.
1. When first proposed, all bills [shall] must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed bill [shall] must be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published at least [1 week prior to] 10 days before the adoption of the ordinance.
κ1983 Statutes of Nevada, Page 374 (CHAPTER 160, AB 221)κ
2. At the next regular meeting or adjourned meeting of the city council following the proposal of a bill and its reference to committee, [such] the committee shall report [such] the bill back to the city council. Thereafter, it [shall] must be read as first introduced, or as amended, and thereupon the bill [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the bill is of a kind specified in section 7.030, by not less than four-fifths of all the members of the city council (excluding from any such computation any vacancy on the council), final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed bill with the city clerk need be published.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk [,] and [shall be] published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published for at least one publication, before the ordinance [shall become] becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances together with the affidavits of publication by the publisher.
Sec. 17. Section 2.110 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 461, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed [shall] must be read to the board of councilmen by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least [1 week prior to] 10 days before the adoption of the ordinance. The board of councilmen shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.
2. At the next regular meeting or adjourned meeting of the board of councilmen following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such] the ordinance back to the board of councilmen. Thereafter, it [shall] must be read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of councilmen, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
κ1983 Statutes of Nevada, Page 375 (CHAPTER 160, AB 221)κ
specified in section 7.030, by unanimous consent of the board of councilmen, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk [,] and [shall be] published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective. The board of councilmen may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 18. Section 2.100 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 71, Statutes of Nevada 1979, at page 90, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of [such] the filing, together with an adequate summary of the ordinance, must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least [1 week prior to] 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the city council. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action on it postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. The determination of the city council that an emergency exists is conclusive upon all persons, and the city council is not required to set forth the nature of the emergency in any ordinance adopted as an emergency ordinance, in the minutes of the city council or otherwise.
κ1983 Statutes of Nevada, Page 376 (CHAPTER 160, AB 221)κ
an emergency ordinance, in the minutes of the city council or otherwise.
4. All ordinances must be signed by the mayor, attested by the city clerk [,] and [must be] published by title, together with the names of the councilmen voting for or against passage and an adequate summary of the ordinance including any amendments, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance becomes effective.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
________
κ1983 Statutes of Nevada, Page 377κ
Assembly Bill No. 85Assemblyman Vergiels
CHAPTER 161
AN ACT relating to podiatry; making various administrative changes; expanding the causes for disciplinary action; clarifying and expanding the authorized actions of a podiatrist; and providing other matters properly relating thereto.
[Approved April 22, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 635 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as otherwise provided in subsection 2, a podiatrist licensed by the board may:
(a) Administer electricity to the foot or leg by means including electrodes, machinery and rays.
(b) Use his hands and machinery to work upon the foot or leg and its articulations.
(c) Apply any mechanical appliance to the foot or leg or in the shoe to treat any disease, deformity or ailment.
(d) Apply pads, adhesives, felt, plasters and any medicine to the foot and leg.
(e) Prescribe and dispense controlled substances and dangerous drugs.
(f) Construct models of the feet.
(g) Administer a local anesthetic.
(h) Use any cutting instrument to treat a disease, ailment or condition.
2. A podiatrist shall not:
(a) Treat a systemic disease which does not originate in the foot.
(b) Amputate a leg, foot or toe.
Sec. 2. NRS 635.010 is hereby amended to read as follows:
635.010 For the purpose of this chapter:
1. Board means the state board of podiatry.
2. Podiatry [(sometimes called chiropody)] is the diagnosis , prevention and [the medical, surgical, mechanical, manipulative and electrical] treatment of [all] ailments of the human foot and leg . [not in connection with the practice of another licensed profession, excepting amputation of the foot or leg or the administration of an anesthetic other than local. The following is an explanation of the terms defining podiatry:
(a) Diagnosis means to ascertain a disease or ailment by its general symptoms.
(b) Electrical treatment means the administration of electricity to the foot or leg by means of electrodes, machinery, rays and the like.
(c) Manipulative treatment means the use of the hand or machinery in the operation or working upon the foot or leg and its articulations.
(d) Mechanical treatment means application of any mechanical appliance made of steel, leather, felt or any material to the foot or leg or in the shoe for the purpose of treating any disease, deformity or ailment.
κ1983 Statutes of Nevada, Page 378 (CHAPTER 161, AB 85)κ
appliance made of steel, leather, felt or any material to the foot or leg or in the shoe for the purpose of treating any disease, deformity or ailment.
(e) Medical treatment means the application to or prescription for the foot or leg of medicines, pads, adhesives, felt, plasters or any medicinal agency.
(f) Surgical treatment means the use of any cutting instrument to treat a disease, ailment or condition.]
3. Podiatry hygienist means a person engaged in assisting a podiatrist in the treatment of the human foot through the reduction of [excrescencies] excrescences of the foot, including [without limitation] corns and calluses, and the cutting of the nails of the foot.
Sec. 3. NRS 635.045 is hereby amended to read as follows:
635.045 The board shall : [operate]
1. Operate on the basis of a fiscal year commencing on July 1 and terminating on June 30 [.] ; and
2. Audit its fiscal records once every 2 years.
Sec. 4. NRS 635.050 is hereby amended to read as follows:
635.050 1. Any person desiring to practice podiatry in this state [shall] must furnish the board with satisfactory proof that he:
(a) Is 21 years of age or over.
(b) Is of good moral character.
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(d) Has received at least 4 years of high school training or the equivalent thereof, as determined by the board.
(e) Has received [a diploma or certificate of graduation from a reputable school of podiatry conferring] the degree of D.S.C. (Doctor of Surgical Chiropody) or an equivalent degree [referring to podiatry recognized and] approved by the board [and having] from a reputable school of podiatry which requires for graduation a minimum [requirement for graduation] of 4 scholastic years or 3 scholastic years and 1 year in an accredited college.
(f) Has completed postgraduate training which consisted of at least 100 hours of practical experience under the direction of a licensed podiatrist.
(g) Has passed the examination given by the National Board of Podiatry Examiners.
2. Upon the payment of a fee of $100 to the board, and making satisfactory proof as required by subsection 1, the applicant [shall] is entitled to be examined by the board or a committee thereof under such regulations as the board may adopt.
3. The board may reject an application if it appears that the applicants credentials are fraudulent or he has practiced podiatry without a license to do so.
Sec. 5. NRS 635.130 is hereby amended to read as follows:
635.130 The board may revoke any certificate it has issued for any of the following causes:
1. The willful betrayal of a professional secret.
2. The making of a false statement in any affidavit required of the applicant for application, examination and registration under this chapter.
κ1983 Statutes of Nevada, Page 379 (CHAPTER 161, AB 85)κ
applicant for application, examination and registration under this chapter.
3. Lending the use of the holders name to an unregistered person.
4. If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
5. Habitual indulgence in the use of alcohol or any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the holder in the performance of his professional duties.
6. Conviction of a crime involving moral turpitude.
7. Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
8. [Repeated malpractice, which may be evidenced by claims of malpractice settled against the practitioner.] Contraction of a communicable disease.
9. The commission of fraud by or on behalf of the licensee regarding his license or practice.
10. Gross incompetency.
11. Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.
12. False representation by or on behalf of the licensee regarding his practice.
13. Unethical or unprofessional conduct.
14. Willful and repeated violations of this chapter or regulations adopted by the board.
________
Assembly Bill No. 329Assemblymen Berkley, Bourne, Zimmer, Malone, Banner, Ham, Craddock, Schofield and Thompson
CHAPTER 162
AN ACT relating to mobile homes; requiring the separate accounting of certain money received by dealers in mobile homes; providing a ground for disciplinary action against those dealers; providing penalties; and providing other matters properly relating thereto.
[Approved April 22, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. All down payments, deposits of earnest money, proceeds of loans or other money which a dealer receives, on behalf of his principal or any other person, must be deposited in a separate checking account, which must be designated a trust account, in a financial institution in this state whose deposits are insured by an agency of the Federal Government.
2. Every dealer required to maintain a separate or trust account shall keep records of all money deposited therein.
κ1983 Statutes of Nevada, Page 380 (CHAPTER 162, AB 329)κ
shall keep records of all money deposited 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 trust accounts must designate the dealer as trustee and provide for withdrawal of money without previous notice.
3. Each dealer shall notify the division of the names of the financial institutions in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.
4. On or before June 30 of each year, each dealer shall file with the division a report of his trust account for the preceding calendar year which was prepared by a registered or certified public accountant. The report must be prepared in accordance with generally accepted auditing standards.
Sec. 3. A dealer shall not commingle the money or other property of a seller or purchaser of a mobile home with his own.
Sec. 4. NRS 489.421 is hereby amended to read as follows:
489.421 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
3. Failure to respond to a notice served by the division as provided by law within the time specified in the notice.
4. Disregarding or violating any [of the provisions of NRS 598.750 to 598.775, inclusive, or any] provision of this chapter or any regulation adopted under [this chapter.] it.
5. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
6. Conviction of a felony or a crime of moral turpitude in this state or any other state, territory or country.
Sec. 5. NRS 489.821 is hereby amended to read as follows:
489.821 1. A person is guilty of a gross misdemeanor who knowingly:
(a) Makes any false entry on any certificate of origin or certificate of ownership.
(b) Furnishes false information to the division concerning any security interest.
(c) Files with the administrator any notice, statement or other document required under the provisions of this chapter which is false or contains any material misstatement of fact.
(d) Whether acting individually or as a director, officer or agent of a corporation, violates a provision of the National Mobile Home Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.), causing a condition which endangers the health or safety of a purchaser of a mobile home or commercial coach.
κ1983 Statutes of Nevada, Page 381 (CHAPTER 162, AB 329)κ
2. A dealer is guilty of a gross misdemeanor who knowingly:
(a) Fails to maintain a trust account as required by section 2 of this act.
(b) Commingles the money or other property of a seller or purchaser of a mobile home with his own.
3. Except as provided in subsections 1 and [3] 4 of this section, any person who knowingly or willfully violates any of the provisions of this chapter is guilty of a misdemeanor.
[3.] 4. Subsection [2] 3 does not apply to a manufacturer of travel trailers.
Sec. 6. NRS 598.750 to 598.775, inclusive, are hereby repealed.
________
Senate Bill No. 116Committee on Judiciary
CHAPTER 163
AN ACT relating to prisons; clarifying the places near which the sale of certain intoxicating beverages is prohibited; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 212.180 is hereby amended to read as follows:
212.180 It is unlawful for any person [or persons] , unless he was licensed to sell alcoholic beverages at that address before July 1, 1983, to sell by wholesale or retail any [spirituous or malt liquors, wine or cider,] alcoholic beverage within one-half mile of [the state prison,] any institution under the jurisdiction of the department of prisons which is designed to house 125 or more offenders within a secure perimeter, and no license may be granted authorizing the sale of any [spirituous or malt liquors, wine or cider,] alcoholic beverage within one-half mile of [the state prison.] such an institution.
________
κ1983 Statutes of Nevada, Page 382κ
Senate Bill No. 219Committee on Judiciary
CHAPTER 164
AN ACT relating to grand juries; changing the number of names for initial selection in certain counties; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 6.110 is hereby amended to read as follows:
6.110 1. In any county having a population of 30,000 or more, the selection of persons as proposed grand jurors must be made in the manner prescribed in this section upon notice from any district judge as often as the public interest may require and at least once in each 4 years. The clerk of the court , under the supervision of the district judge presiding over the impaneling of the grand jury , shall select at random the names of [not more than 1,000] at least 500 qualified persons to be called as prospective grand jurors. The clerk shall then prepare and mail to each person whose name was selected a questionnaire prepared by the district judge stating the amount of pay, the estimated time required to serve and the duties to be performed. Each recipient of the questionnaire must be requested to complete and return the questionnaire, indicating thereon his willingness and availability to serve on the grand jury. The clerk shall continue the selection of names and mailing of questionnaires until a panel of 100 persons who are willing to serve is established.
2. A list of the names of persons who indicated their willingness to serve as grand jurors must be made by the clerk of the court and a copy furnished to each district judge. The district judges shall meet within 15 days thereafter and shall, in order of seniority, each select one name from the list until 36 persons have been selected. A list of the names of the persons selected as proposed grand jurors must be made by the clerk, certified by the district judges making the selection and filed in the clerks office. The clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the proposed grand jurors to attend in court at such time as the district judge directs.
3. The sheriff shall summon the proposed grand jurors, and the district judge presiding over the impaneling of the grand jury shall select at random from their number 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors. If for any reason eight or more proposed grand jurors fail to appear, additional proposed grand jurors sufficient to complete the panel of grand jurors and alternates must be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected must be summoned to appear in court at such time as he directs.
4. Every person named in the venire as a grand juror must be served by the sheriff mailing a summons to [such] the person commanding him to attend as a juror at a time and place designated therein.
κ1983 Statutes of Nevada, Page 383 (CHAPTER 164, SB 219)κ
served by the sheriff mailing a summons to [such] the person commanding him to attend as a juror at a time and place designated therein. The summons must be registered or certified and deposited in the post office addressed to the person at his usual mailing address. The receipt of the person so addressed for the registered or certified summons must be regarded as personal service of the summons upon [such person] him and no mileage may be allowed for service. The postage and fee for registered or certified mail must be paid by the sheriff and allowed him as other claims against the county.
5. If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. An alternate must be served by the sheriff in the manner provided in subsection 4.
________
Senate Bill No. 244Committee on Judiciary
CHAPTER 165
AN ACT relating to probation; making restitution a condition of probation or the suspension of a sentence; providing an exception; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.189 is hereby amended to read as follows:
176.189 1. The court [may] shall order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make full or partial restitution to the person or persons named in the order, at the times and in the amounts specified in the order [.] unless the court finds that restitution is impracticable. Such an order may require payment for medical or psychological treatment of any person whom the defendant has injured.
2. All money received by the department for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited with the state treasurer for credit to the restitution trust fund. All payments from the fund must be paid as other claims against the state are paid.
3. If restitution is not required, the court shall set forth the circumstances upon which it finds restitution impracticable in its order of probation or suspension of sentence.
4. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure has been caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such a hardship.
κ1983 Statutes of Nevada, Page 384 (CHAPTER 165, SB 244)κ
[4.] 5. If, within 3 years after the defendant has been discharged from probation, the department of parole and probation has not located the person to whom the restitution was ordered, the money paid by the defendant must be deposited with the state treasurer for credit to the fund for the compensation of victims of crime.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 139Committee on Government Affairs
CHAPTER 166
AN ACT relating to the retention of public records; authorizing the supreme court to provide by rule for destruction of certain documents without prior microfilming; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 239.110 is hereby amended to read as follows:
239.110 1. The clerk of the supreme court, a county clerk, clerk of a justices court or clerk of a municipal court may destroy all documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the supreme court, district court, justices court or municipal court, respectively, or otherwise filed in his office pursuant to law, including transcripts of coroners inquests and depositions, if the records of the clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:
(a) When the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; and
(b) Minutes of the supreme court, district court, justices court or municipal court, affidavits supporting applications for marriage licenses, after such licenses have been issued, and certificates of fictitious names of businesses may be destroyed immediately subject to the provisions of subsections 2 and 3.
2. The clerk shall maintain for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the clerk and properly indexed. This print or copy shall be deemed to be the original.
3. The clerk shall promptly seal and store at least one original negative of each microphotographic film in such manner and place as reasonably to [assure] ensure its preservation indefinitely against loss, theft, defacement or destruction.
4. The supreme court may provide by rule for the destruction, without prior microfilming, of such other documents of the several courts of this state as are held in the offices of the clerks but which:
κ1983 Statutes of Nevada, Page 385 (CHAPTER 166, AB 139)κ
without prior microfilming, of such other documents of the several courts of this state as are held in the offices of the clerks but which:
(a) No longer serve any legal, financial or administrative purpose; and
(b) Do not have any historical value.
5. The court administrator may request the division of archives in the Nevada state library to advise and assist the supreme court in its establishment of the rules.
________
Senate Bill No. 174Senators Wagner, Horn and Mello
CHAPTER 167
AN ACT relating to the department of prisons; adding parolees to the persons who are eligible to enter a center for restitution; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.4827 is hereby amended to read as follows:
209.4827 The director may:
1. With the approval of the board, establish centers to house offenders within a community so they may work to earn wages with which to make restitution to the victims of their crimes.
2. If space is available, assign to the center [an] :
(a) An offender participating in a work or educational release program.
(b) An offender who has been paroled if such a request is made by the department of parole and probation.
Sec. 2. NRS 209.4831 is hereby amended to read as follows:
209.4831 The director shall determine a fixed amount to be deducted from the wages of each parolee or other offender assigned to a center to offset in part the cost of providing the offender with housing, meals and medical and dental services at the center.
Sec. 3. NRS 209.4841 is hereby amended to read as follows:
209.4841 1. The director shall arrange for all earnings of an offender assigned to a center to be paid directly from the employer of the offender to the department.
2. The department shall:
(a) [First, deduct] From the wages of an offender who has been paroled:
(1) Deduct the amount for housing, meals and medical and dental services determined under NRS 209.4831; and
(2) Distribute any remainder to the offender.
(b) From the wages of any other offender:
(1) Deduct the amount for housing, meals and medical and dental services determined under NRS 209.4831;
κ1983 Statutes of Nevada, Page 386 (CHAPTER 167, SB 174)κ
[(b) Second, distribute] (2) Distribute any amount required by the schedule of restitution payments; and
[(c) Third, deposit] (3) Deposit any remainder to the offenders account in the prisoners personal property fund [.] ,
in that order of priority.
________
Assembly Bill No. 19Committee on Government Affairs
CHAPTER 168
AN ACT relating to the Nevada state library; abolishing the division for cooperative services; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 378.085 is hereby repealed.
________
Assembly Bill No. 322Committee on Government Affairs
CHAPTER 169
AN ACT relating to state finance; creating and abolishing various funds and accounts; revising the accounting practices for the funds; consolidating the provisions regarding the governors certification of population for tax purposes; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233.155 is hereby amended to read as follows:
233.155 All gifts of money which the commission is authorized to accept must be deposited with the state treasurer for credit to the Nevada equal rights commission gift fund which is hereby created [.] as a trust fund.
Sec. 2. NRS 210.150 is hereby amended to read as follows:
210.150 The superintendent is authorized to buy and sell hay, grain, produce, livestock, and such other farm supplies and equipment as may be necessary from time to time. Money obtained from the sale of such items [shall] must be deposited in the state treasury [in a fund to be known as] for credit to the contingency fund for the farm of the youth training center [farm contingent fund.] which is hereby created as a special revenue fund. The fund [shall be] is a continuing fund without reversion, and [shall] must be expended for supplies and equipment needed by the school in accordance with the provisions of the State Budget Act. The money in the fund [shall] must be paid out on claims as other claims against the state are paid.
κ1983 Statutes of Nevada, Page 387 (CHAPTER 169, AB 322)κ
out on claims as other claims against the state are paid. All claims [shall] must be approved by the superintendent before they are paid. The superintendent shall keep [, or cause to be kept,] a record of all transactions pertaining to the fund.
Sec. 3. NRS 210.160 is hereby amended to read as follows:
210.160 1. The superintendent may accept money and other valuables of inmates for safekeeping pending their discharges, and shall deposit any such money in [insured banks or in insured savings and loan associations.] a trust fund which he shall establish in a bank or savings and loan association qualified to receive deposits of public money. He shall keep [, or cause to be kept, a fair and] a full account of any such money and valuables, and shall submit reports to the administrator relative to them as may be required from time to time.
2. The superintendent may transfer the amount of any uncashed check issued by the school to an inmate to the [gift fund] youth training centers gift account after 1 year from the date the check was issued. Each check so issued must be stamped void after 1 year from date of issue.
Sec. 4. NRS 210.560 is hereby amended to read as follows:
210.560 1. The superintendent may accept money and other valuables of inmates for safekeeping pending their discharges, and shall deposit any such money in a trust fund which he shall establish in a bank or in [an insured] a savings and loan association qualified to receive deposits of public money . [, and the deposits must be secured by depository bond satisfactory to the state board of examiners.] The superintendent shall keep [, or cause to be kept, a fair and] a full account of any such money and valuables, and shall submit reports to the administrator relative to them as may be required from time to time.
2. The superintendent may transfer the amount of any uncashed check issued by the school to an inmate to the [gift fund] girls training centers gift account after 1 year from the date the check was issued. Each check so issued must be stamped void after 1 year from date of issue.
Sec. 5. NRS 281.174 is hereby amended to read as follows:
281.174 Upon the return of the officer or employee, he [shall be] is entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance [shall] must be paid into the travel [revolving] advance fund.
Sec. 6. NRS 321.460 is hereby amended to read as follows:
321.460 1. There is hereby created in the state treasury, for use of the commission in carrying out the provisions of NRS 321.390 to 321.470, inclusive, a [trust] special revenue fund to be known as the Eldorado Valley development fund.
2. None of the money in the fund may be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.
3. Money in the Eldorado Valley development fund must be paid out on claims against the fund as other claims against the state are paid, after the claims have been approved by the commission.
κ1983 Statutes of Nevada, Page 388 (CHAPTER 169, AB 322)κ
out on claims against the fund as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 7. NRS 321.520 is hereby amended to read as follows:
321.520 1. [There is hereby created in the state treasury, for] For the use of the commission in carrying out the provisions of NRS 321.480 to 321.536, inclusive, the Fort Mohave Valley development fund [.] is hereby created in the state treasury as a special revenue fund.
2. Money in the Fort Mohave Valley development fund must be paid out on claims against the fund as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 8. NRS 333.120 is hereby amended to read as follows:
333.120 1. The state purchasing fund, in the sum of $1,250,000 is hereby created as an internal service fund for the use of the chief in purchasing supplies, materials and equipment.
2. If the balance of the state purchasing fund exceeds the amount set forth in subsection 1 at the end of any fiscal year, the excess must revert to the state general fund within 6 months.
Sec. 9. NRS 333.380 is hereby amended to read as follows:
333.380 Rules of the chief [shall] must provide the procedure for:
1. The purchase of commodities not scheduled under this chapter.
2. Emergency purchases, defining emergencies and stating the conditions under which emergency purchases may be made.
3. Purchases [financed by revolving fund appropriations.] made with money from the state purchasing fund.
Sec. 10. NRS 333.450 is hereby amended to read as follows:
333.450 1. All claims for supplies, materials and equipment purchased pursuant to the provisions of this chapter [shall,] must, when approved by the chief, be audited and paid out of the [working capital account] state purchasing fund in the same manner as other claims against the state are required to be audited and paid.
2. The amount of administrative and handling charges [shall] must be determined by the chief in each case, but [shall] must not exceed a uniform percentage basis charge between departments or using agencies.
3. The amount receivable from each using agency to which supplies, materials or equipment is delivered [shall] must include:
(a) The cost to the division of the items delivered; and
(b) The charges as determined pursuant to subsection 2.
Sec. 11. NRS 333.460 is hereby amended to read as follows:
333.460 Upon the receipt of such supplies, materials and equipment from the [working capital account,] state purchasing fund, each state officer, department, institution, board, commission or agency shall authorize the state controller by transfer or warrant to draw [funds] money from the using agencys account as determined pursuant to subsection 3 of NRS 333.450 for the transfer to or placement in the [working capital account.] state purchasing fund.
Sec. 11.1. NRS 360.285 is hereby amended to read as follows:
360.285 1. For the purposes of this Title, the governor shall, on or before January 1 of each year, certify the population of each county, city and unincorporated town in this state.
κ1983 Statutes of Nevada, Page 389 (CHAPTER 169, AB 322)κ
or before January 1 of each year, certify the population of each county, city and unincorporated town in this state.
2. Where any tax is collected by the department [of taxation] for apportionment in whole or in part to any political subdivision [where] and the basis of [such] the apportionment is the population of [such] the political subdivision , [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the department shall use the populations certified by the governor. The transition from one such [census] certification to the next [shall be made on July 1 of the year following the year in which such census is taken.] must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment [prior to such date shall] before that date must be based upon the earlier [census] certification and every payment on or after [such date shall] that date must be based upon the later [census.] certification.
Sec. 11.2. NRS 360.287 is hereby amended to read as follows:
360.287 Any person charged with the duty of apportioning any tax proceeds to any incorporated city or town shall use the population figures [of the last preceding national census of the Bureau of the Census of the United States Department of Commerce, adjusted for any population change resulting from the incorporation or disincorporation of any city or the annexation of any territory to any city.] which are certified annually by the governor.
Sec. 11.4. NRS 365.370 is hereby amended to read as follows:
365.370 Any person who [shall export] exports any motor vehicle fuel from this state, or who [shall sell] sells any such fuel to the United States Government for official use of the United States Armed Forces, or who [shall buy and use] buys and uses any such fuel for purposes other than in and for the propulsion of motor vehicles, and who [shall have] has paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of [such] the tax by the vendor from [such consumer] the customer or indirectly by the addition of the amount of [such] the tax to the price of [such fuel, shall] the fuel, must be reimbursed and repaid the amount of [such] the tax so paid by him except as follows:
1. Refund claims [shall] must be paid by prescribed classes in accordance with the departments regulations.
2. The minimum claim for refund [shall] must be based on at least 200 gallons purchased and used in a 6-month period.
3. [From the amount of gasoline tax refund due shall be deducted an amount equal to 2 percent of the refund, which shall be deposited in the state highway fund.
4.] No refund of motor vehicle fuel taxes [shall] may be made for off-highway use of motor vehicle fuel consumed in watercraft in this state for recreational purposes.
Sec. 11.5. NRS 365.390 is hereby amended to read as follows:
365.390 Upon the presentation of such affidavits, invoices, written statements, tax exemption certificates or exportation certificates, the department shall cause to be repaid to the claimant from the taxes collected under this chapter an amount equal to the taxes so paid by the claimant [.]
κ1983 Statutes of Nevada, Page 390 (CHAPTER 169, AB 322)κ
department shall cause to be repaid to the claimant from the taxes collected under this chapter an amount equal to the taxes so paid by the claimant [.] less the percentage allowed the dealer or user pursuant to NRS 365.330.
Sec. 11.7. NRS 369.173 is hereby amended to read as follows:
369.173 [1.] The department shall apportion and the state controller shall distribute, on a monthly basis, [five-nineteenths of that portion of the money collected during the preceding month under NRS 369.330 which is derived] from the tax on liquor containing more than 22 percent of alcohol by volume , the portion of the tax collected during the preceding month which is equivalent to 50 cents per wine gallon, among Carson City and the counties of this state in proportion to their respective populations . [and] The department shall apportion that money within the counties as follows:
[(a)] 1. If there are no incorporated cities within the county, the entire amount must go into the county treasury.
[(b)] 2. If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
[(c)] 3. If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
[(d)] 4. In Carson City the entire amount must go into the city treasury.
[2. 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. 11.8. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit on a monthly basis such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit this amount to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) Transmit the balance of the payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax account in the intergovernmental trust fund.
(c) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state [treasurer] controller as follows:
(a) In counties having a population of 5,000 or more:
κ1983 Statutes of Nevada, Page 391 (CHAPTER 169, AB 322)κ
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In counties have a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
[5. 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. He shall also certify the population of each unincorporated town entitled to share in the distribution, if so requested by the board of county commissioners on or before the preceding July 1.]
Sec. 11.9. NRS 377.055 is hereby amended to read as follows:
377.055 1. The [state controller, acting upon the collection data furnished by the] department, shall monthly [:
(a) Determine] determine for each county an amount of money equal to the sum of:
[(1)] (a) 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 transferred to the state general fund pursuant to subsection 3 of NRS 377.050 and the sum of any amounts distributed pursuant to NRS 377.053; and
[(2)] (b) 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 business 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.
κ1983 Statutes of Nevada, Page 392 (CHAPTER 169, AB 322)κ
[(b) Remit] 2. The department shall apportion and the state controller shall remit the amount determined for each county in the following manner:
[(1)] (a) 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)] (b) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.
[(3)] (c) 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.] 3. The provisions [of paragraph (b)] of subsection [1] 2 do not apply to Carson City, where the treasurer shall deposit the entire amount determined [to] for 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. 12. NRS 377A.050 is hereby amended to read as follows:
377A.050 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.] sales and use tax account in the state general fund.
3. The state controller, acting upon the collection data furnished by the department, shall monthly:
(a) Transfer from the [fund for public mass transportation] sales and use tax account 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 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] Transfer the amount determined for each county to the intergovernmental trust fund and remit the money to the county treasurer.
Sec. 13. NRS 381.110 is hereby amended to read as follows:
381.110 1. The director shall adopt [a code of bylaws for the regulation and government of] regulations for the Nevada state museum, consistent with all legislative enactments relating thereto.
2. The [code of bylaws shall also] regulations must provide for and define the qualifications for life, honorary, annual, sustaining and such other memberships as the director may deem necessary, and for the voting powers thereof.
κ1983 Statutes of Nevada, Page 393 (CHAPTER 169, AB 322)κ
such other memberships as the director may deem necessary, and for the voting powers thereof.
3. The [bylaws shall] regulations must also provide for the establishment and handling of a petty cash [fund] account under the imprest system and for the fidelity bonding of any officer or employee of the museum who handles or has access to any [funds] money of the museum.
Sec. 14. NRS 382.016 is hereby amended to read as follows:
382.016 1. The Nevada historical society is authorized to maintain a petty cash [fund] account in an amount not to exceed [$25.] $100.
2. All reimbursements to the [fund shall] account must be made from appropriated [funds] money by a claim and warrant on the state treasurer as other claims against the state are made.
Sec. 15. NRS 385.095 is hereby amended to read as follows:
385.095 1. All gifts of money which the state board of education is authorized to accept must be deposited in a permanent trust fund in the state treasury designated as the education gift fund.
2. The money available in the education gift fund must be used only for the purpose specified by the donor, within the scope of the boards powers and duties, and no expenditure may be made until approved by the legislature in an authorized expenditure act.
3. If all or part of the money accepted by the board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the education gift fund until needed for the purpose specified by the donor.
Sec. 16. NRS 388.365 is hereby amended to read as follows:
388.365 1. All gifts of money which the state board for vocational education is authorized to accept must be deposited in a permanent trust fund in the state treasury designated as the vocational education gift fund.
2. The money available in the vocational education gift fund must be used only for the purpose specified by the donor, within the scope of the boards powers and duties. The board may adopt regulations or establish policies for the disbursement of money from the fund in accordance with the terms of the gift or bequest on warrants of the state controller issued upon the orders of the executive officer of the state board for vocational education. Any expenditures pursuant to this section may include matching state and federal money available for vocational education.
3. If all or part of the money accepted by the board from a donor is not expended before the end of the fiscal year in which the gift was accepted, the remaining balance of the amount donated must remain in the vocational education gift fund until needed for the purpose specified by the donor.
Sec. 17. NRS 408.240 is hereby amended to read as follows:
408.240 1. Upon the written request of the board, the state controller shall draw his warrant in favor of the director in the sum of $250,000, and in such additional sums not exceeding a total of $250,000 as the board may from time to time request, and upon presentation of such a warrant to the state treasurer, the state treasurer shall pay it.
κ1983 Statutes of Nevada, Page 394 (CHAPTER 169, AB 322)κ
$250,000 as the board may from time to time request, and upon presentation of such a warrant to the state treasurer, the state treasurer shall pay it.
2. Such a sum of not more than $500,000 is designated as the state highway revolving [fund,] account, and may be used by the department for the purpose of paying the current payrolls of the department and other charges and obligations requiring prompt payment, and for no other purposes.
3. All money paid by the department from the state highway revolving [fund] account must, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such money paid in favor of the state highway revolving [fund] account to be paid to the order of the director, and the state treasurer shall pay the warrant.
4. The director shall deposit the state highway revolving [fund] account in one or more banks of reputable standing and secure the deposit by a depositary bond satisfactory to the state board of examiners.
Sec. 18. NRS 423.065 is hereby amended to read as follows:
423.065 1. Each superintendent is entitled to [:
(a) The use of a residence on the grounds of or near the childrens home, which shall be maintained by the state. The superintendent shall reside at such residence.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals] meals at the childrens home without charge when supervising personnel or children.
2. [Any furnishings or appliances in use in the residence of the superintendent on July 1, 1960, may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
3.] Neither superintendent [shall] may receive any [perquisites except those provided for in this section.] other perquisite.
Sec. 19. NRS 426.565 is hereby amended to read as follows:
426.565 1. There is hereby created the services to the blind revolving [fund,] account, in the amount of $25,000, which must be used by the chief for the purposes of:
(a) Providing inventories of tools, aids, appliances, supplies and other accessories used by the blind; and
(b) Payment of the claims of applicants for or recipients of services of the bureau and vendors providing services to those applicants or recipients, including [but not limited to] maintenance and transportation.
The chief shall sell [such] tools, aids, appliances, supplies and other accessories used by the blind at cost or [cost-plus-administration cost] at cost plus the costs of administration and receipts must be deposited forthwith in the services to the blind revolving [fund.]
κ1983 Statutes of Nevada, Page 395 (CHAPTER 169, AB 322)κ
deposited forthwith in the services to the blind revolving [fund.] account.
2. The chief shall deposit the money in the services to the blind revolving [fund] account in a bank qualified to receive deposits of public money. The deposit must be secured by a depository bond satisfactory to the state board of examiners, unless otherwise secured by the Federal Deposit Insurance Corporation.
3. Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
4. The bureau shall:
(a) Maintain current inventory records of all merchandise charged to the services to the blind revolving [fund;] account;
(b) Conduct a periodic physical count of all the merchandise; and
(c) Reconcile the results of the periodic physical count with [the inventory records and cash balance in the fund.] all assets and liabilities of the account.
The balance in the revolving account must equal $25,000 after subtracting the accounts payable from the total of the cash, inventories and receivables.
5. After expenditure of money for payment of the claims of applicants for or recipients of services from the bureau and vendors providing services to those applicants or recipients, including [but not limited to] maintenance and transportation, from the services to the blind revolving [fund,] account, the chief shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the services to the blind revolving [fund] account and the state treasurer shall pay it. The receipt must be deposited forthwith in the services to the blind revolving [fund.] account.
Sec. 20. NRS 433.424 is hereby amended to read as follows:
433.424 A mental health and mental retardation center revolving [fund] account up to the amount of $5,000 is hereby created for each division mental health and mental retardation center, and may be used for the payment of mental health or mental retardation center bills requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving [funds] accounts in one or more banks of reputable standing. Payments made from each [fund] account must be promptly reimbursed from appropriated money of the respective mental health or mental retardation centers on claims as other claims against the state are paid.
Sec. 21. NRS 433.539 is hereby amended to read as follows:
433.539 1. There may be maintained as a trust fund at each division facility a clients personal deposit fund.
2. Money coming into the possession of the administrative officer of a division facility which belongs to a client must be credited in the fund in the name of that client.
κ1983 Statutes of Nevada, Page 396 (CHAPTER 169, AB 322)κ
3. When practicable, individual credits in the fund must not exceed the sum of $300.
4. Any amounts to the credit of a client may be used for purchasing personal necessities, for expenses of burial or may be turned over to the client upon his demand, except that when the client is adjudicated mentally incompetent the guardian of his estate has the right to demand and receive the money.
5. An amount accepted for the benefit of a client for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the client.
6. Except as provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with banks of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any federally insured savings and loan association within the state. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.
7. The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the clients personal deposit fund to enable clients to withdraw small sums from their accounts.
Sec. 22. 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 the amount specified in the budget for the community training center [fund] account as approved by the most recent session of the legislature for those centers that are already certified.
Sec. 23. NRS 435.280 is hereby amended to read as follows:
435.280 1. Each qualifying center may accept gifts, bequests, grants or any other outside source of income directly for the purpose of carrying out its functions.
2. All such money received must be spent in accordance with the provisions of the gift, bequest or grant. In the absence of such provisions, the center may spend the money at its discretion.
κ1983 Statutes of Nevada, Page 397 (CHAPTER 169, AB 322)κ
3. All such money must be kept in a separate account . [in the department of human resources gift fund.]
4. All claims must be approved by the administrator before they are paid.
Sec. 24. 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] account in the amount, within the limits of legislative appropriations, specified in the budget for the community training center [fund] account 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 operative 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.
2. The division, upon approval of the board, may grant aid from the community training center [fund] account to help in establishing new centers. This aid in the aggregate must not exceed one-fourth of the money available in the [fund] account for the year in which it is given.
3. After providing for the allocations authorized in subsections 1 and 2, the division shall allocate any other money available in the [fund] account 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.
Sec. 25. NRS 439.015 is hereby amended to read as follows:
439.015 The department, through the health division, may accept and direct the disbursement of [funds] money appropriated by any Act of Congress and apportioned or allocated to the State of Nevada for health purposes. [Such] This federal [funds shall] money must be deposited in the state treasury for credit to the [credit of a fund to be known as the] state health division federal fund [.] which is hereby created as a special revenue fund.
Sec. 26. NRS 442.170 is hereby amended to read as follows:
442.170 1. The state treasurer is hereby made custodian of all [moneys] money appropriated by this state, allotted to this state by the Federal Government, or received by this state from other sources, for the purposes of NRS 442.130 to 442.170, inclusive.
2. The [state treasurer shall receive such moneys and keep them in a special fund to be known as the maternal and child health service fund, and may deposit such moneys in a bank or banks in the same manner as other state moneys are deposited.] division shall deposit the money in the state treasury for credit to the account for maternal and child health services.
κ1983 Statutes of Nevada, Page 398 (CHAPTER 169, AB 322)κ
money in the state treasury for credit to the account for maternal and child health services.
3. All claims and demands against the [fund shall] account must be paid only upon the state health officer certifying such claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor, and the state treasurer shall pay the same.
Sec. 27. NRS 442.220 is hereby amended to read as follows:
442.220 1. The state treasurer is hereby made custodian of all [moneys] money appropriated by this state, allotted to this state by the Federal Government, or received by this state from other sources, for the purposes of NRS 442.180 to 442.220, inclusive.
2. The [state treasurer shall receive such moneys and keep them in a special fund to be known as the crippled childrens fund, and may deposit such moneys in a bank or banks in the same manner as other state moneys are deposited.] division shall deposit the money in the state treasury for credit to the account for crippled children.
3. All claims and demands against the [fund shall] account must be paid only upon the state health officer certifying such claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor, and the state treasurer shall pay the same.
Sec. 28. NRS 463.220 is hereby amended to read as follows:
463.220 1. The board shall present its final order upon an application to the commission at the next meeting of the commission.
2. The commission may, after considering the recommendation of the board, issue to the applicant or applicants named, as natural persons, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same. The commission may limit [such] the license or place such conditions thereon as it may deem necessary in the public interest. The commission may, if satisfied of the necessity of such an action, issue a probationary license. No state gaming license may be assigned either in whole or in part.
3. The commission may limit or place such conditions as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.
4. After final order of the board recommending denial of an application, the commission, after considering the recommendation of the board, may:
(a) Deny the application;
(b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or
(c) By unanimous vote of the members present, grant the application for a license, registration, finding of suitability or approval.
For the purposes of this section, a tie vote of the board upon an application does not constitute a recommendation of denial of the application.
5. If the commission is not satisfied that an applicant approved by the board is qualified to be licensed under this chapter, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
κ1983 Statutes of Nevada, Page 399 (CHAPTER 169, AB 322)κ
may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
6. If the commission desires further investigation be made or to conduct such hearings, it shall, within 30 days after presentation of the recommendation of the board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission must be taken within 120 days after the recommendation of the board has been presented to the commission. Failure of the commission to take action within 120 days shall be deemed to constitute approval of the applicant by the commission, and a license must be issued forthwith upon compliance by the applicant with the provisions of subsection 8.
7. The commission has full and absolute power and authority to deny any application for any cause it deems reasonable. If an application is denied, the commission shall prepare and file its written decision upon which its order denying the application is based.
8. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees and taxes as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission shall issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
9. The commission shall fix the amount of the bond to be required under subsection 8 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter. The bond shall be furnished in cash or negotiable securities. If furnished in [negotiable] :
(a) Cash, the commission shall deposit the money in the state treasury for credit to the fund for bonds of state gaming licensees which is hereby created as a trust fund.
(b) Negotiable securities, the principal must be placed without restriction at the disposal of the commission, but any income must inure to the benefit of the licensee.
Sec. 29. NRS 522.150 is hereby amended to read as follows:
522.150 1. All [moneys] money collected under the provisions of this chapter [shall be remitted to the state treasurer, and by him shall be credited to a special fund known as] must be deposited in the state treasury for credit to the oil and gas conservation fund [,] which [fund] is hereby created [. All moneys credited to that fund shall] as a special revenue fund. The money in the fund must be expended for the purposes of administering the provisions of this chapter. In addition, any [and all] expenses in connection with Nevadas affiliation with the Interstate Oil Compact Commission [shall] must be paid from the [above] fund.
κ1983 Statutes of Nevada, Page 400 (CHAPTER 169, AB 322)κ
from the [above] fund. All [moneys] money in the oil and gas conservation fund [are] is appropriated to the division. [No such moneys shall] The money in the fund must not revert to the general fund at the end of any fiscal period, but [shall remain] remains in the oil and gas conservation fund to cover future operating expenses of the division under this chapter. All [moneys] money hereby appropriated [shall] must be expended under the direction of the division in accordance with the statutes of this state relating to the expenditure of appropriations, and warrants [shall] must be drawn against [said] the appropriation as [now] provided by law.
2. [For the purposes of paying] To pay the expenses of the administration of this chapter, every producer of oil or natural gas in this state shall on or before the last day of each month report to the division and to the state treasurer his [or its] production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the state treasurer a tax on each [and every] barrel of oil and on [each and] every 50,000 cubic feet of natural gas produced and marketed by him [or it] during [such] the preceding month. Every person purchasing such oil or natural gas [shall be] is liable for the payment of the tax per barrel of oil or per 50,000 cubic feet of natural gas, unless it [shall have previously] has been paid by the producer. The tax rate [shall be] is 5 mills per barrel of oil or per 50,000 cubic feet of natural gas.
Sec. 30. NRS 561.335 is hereby amended to read as follows:
561.335 1. The revolving account for agriculture working capital [fund] in the amount of $10,000 is hereby created for the use of the department.
2. [All moneys collected by the department as provided by law may be deposited in the agriculture working capital fund and held in such fund until transferred to the proper funds in the state treasury as required by law, and in accordance with the provisions of NRS 353.250.
3. The agriculture working capital fund shall] The account must be used specifically for carrying out the provisions of NRS 569.010 to 569.130, inclusive.
[4. The agriculture working capital fund] 3. The account may be used [as a revolving fund] for paying the expenses of all programs and laws administered by the department, and in such case, the [fund shall be promptly reimbursed] account must be reimbursed promptly from the proper funds in the state treasury by claims paid as other claims against the state are paid. [The amount so used as a revolving fund shall not exceed $10,000.
5. Notwithstanding the provisions of NRS 281.171 to 281.175, inclusive, the agriculture working capital fund] 4. The account may be used for the purpose of providing advance [funds] money to officers and employees of the department for travel expenses and subsistence allowances arising out of their official duties or employment. Such [advances shall constitute] an advance constitutes a lien in favor of the department upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the executive director may advance more than the amount of the accrued wages of the officer or employee.
κ1983 Statutes of Nevada, Page 401 (CHAPTER 169, AB 322)κ
director may advance more than the amount of the accrued wages of the officer or employee. Upon the return of the officer or employee, he [shall be] is entitled to receive any authorized expenses and subsistence in excess of the amount advanced, and a sum equal to the advance [shall] must be paid into the revolving account for agriculture working capital . [fund.
6.] 5. The revolving account for agriculture working capital [fund shall] must be deposited in a bank qualified to receive deposits of public [funds under the provisions of chapter 356 of NRS,] money and the deposit [shall] be secured by a depository bond satisfactory to the state board of examiners.
Sec. 31. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection fund is hereby created in the state treasury as a special revenue fund for the use of the department.
2. The following special taxes, fees and [moneys shall] other money must be deposited in the livestock inspection fund:
(a) All special taxes on livestock as provided by law, except the tax levied pursuant to NRS 575.070.
(b) Fees and moneys collected pursuant to the provisions of NRS 564.010 to 564.150, inclusive.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays under the provisions of NRS 569.010 to 569.130, inclusive.
(e) Fees collected under the provisions of NRS 573.010 to 573.190, inclusive.
(f) Fees collected under the provisions of NRS 576.010 to 576.150, inclusive.
(g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as may be necessary under the provisions of chapter 571 of NRS.
3. Expenditures from the livestock inspection fund [shall] must be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
Sec. 32. NRS 561.365 is hereby amended to read as follows:
561.365 1. The apiary inspection fund is hereby created in the state treasury as a special revenue fund for the use of the department.
2. The following special taxes, fees and [moneys shall] other money must be deposited in the apiary inspection fund:
(a) Any special tax on colonies of bees as provided by law.
(b) Fees collected under the provisions of NRS 552.085 to 552.310, inclusive.
(c) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. Expenditures from the apiary inspection fund [shall] must be made only for the purpose of carrying out the provisions of chapter 552 of NRS, and the provisions of this chapter.
κ1983 Statutes of Nevada, Page 402 (CHAPTER 169, AB 322)κ
Sec. 33. NRS 561.385 is hereby amended to read as follows:
561.385 1. The agriculture registration and enforcement fund is hereby created as a special revenue fund in the state treasury for the use of the department.
2. The following fees [shall] must be deposited in the agriculture registration and enforcement fund:
(a) Fees collected under the provisions of NRS 586.010 to 586.450, inclusive.
(b) Fees collected under the provisions of NRS 588.010 to 588.350, inclusive.
(c) Fees collected under the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.2605 to 555.460, inclusive.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
(f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 340 to 590.450, inclusive.
3. Expenditures from the agriculture registration and enforcement fund [shall] must be made only for the purposes of carrying out the provisions of chapters 586, 588 and 590 of NRS, NRS 555.2605 to 555.460, inclusive, and the provisions of this chapter.
Sec. 34. NRS 561.407 is hereby amended to read as follows:
561.407 1. The Nevada beef promotion fund is hereby created as [a special revenue] an agency fund [.] in the state treasury. The proceeds of the special tax on cattle levied pursuant to NRS 575.070 must be deposited in this fund and all refunds made pursuant to NRS 575.070 must be paid from the fund.
2. On or before June 30 of each year, the state controller shall draw his warrant in favor of the National Livestock and Meat Board for the amount in the Nevada beef promotion fund and shall transmit the warrant to the payee through the executive director, to be used to promote the consumption of domestic beef and beef products and for the general benefit of beef producers.
Sec. 35. NRS 561.409 is hereby amended to read as follows:
561.409 1. The alfalfa seed research and promotion fund is hereby created as a special revenue fund [.] in the state treasury. The proceeds of the special assessment levied pursuant to NRS 587.155 [shall] must be credited to the alfalfa seed research and promotion fund and all refunds made pursuant to NRS 587.155 [shall] must be paid from the alfalfa seed research and promotion fund.
κ1983 Statutes of Nevada, Page 403 (CHAPTER 169, AB 322)κ
2. Expenditures from the alfalfa seed research and promotion fund [shall] may be made only for:
(a) Alfalfa seed research and marketing promotion programs;
(b) Administrative, per diem and travel expenses of the alfalfa seed advisory board; and
(c) Reimbursement to the department for administrative expenses of the department, not to exceed 5 percent of the assessments collected.
Sec. 36. NRS 561.415 is hereby amended to read as follows:
561.415 1. [Funds] Money to carry out the provisions of this chapter and to support the department, its various divisions, and the various programs administered by the department, may be provided by direct legislative appropriation from the general fund.
2. All [moneys] money in any fund in the state treasury available to the department [shall] must be paid out on claims approved by the executive director as other claims against the state are paid.
3. All [moneys] money in the revolving account for agriculture working capital [fund shall] must be paid out by checks signed by the executive director and by a deputy, or by two deputies designated by him for the purpose.
Sec. 37. NRS 562.170 is hereby amended to read as follows:
562.170 1. The boards of county commissioners of the several counties, at the time of their annual levy of taxes, must levy the rate of tax fixed by the board, as provided for in NRS 562.160, not to exceed the equivalent of 18 cents per head on all sheep.
2. The tax must be collected as other taxes are collected and [paid in full to the state treasurer, who shall keep the money in a separate fund to be known as] deposited in the state treasury for credit to the sheep inspection fund [.] which is hereby created as a special revenue fund. The sheep inspection fund must be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this chapter.
Sec. 38. NRS 567.090 is hereby amended to read as follows:
567.090 1. All contributions of money which the committee is authorized to accept must be deposited into a special [fund] account to be known as the state predatory animal and rodent [fund] account to be held in trust by the state treasurer for predatory animal, crop-destroying bird and rodent control work only, under the provisions of this chapter.
2. All claims against the state predatory animal and rodent [fund] account must be approved by at least one member of the committee, designated for that purpose by the committee, the secretary of the committee and by the state board of examiners.
Sec. 39. NRS 567.120 is hereby amended to read as follows:
567.120 As collected, the [funds] money derived from the special levy authorized by NRS 567.110 [shall] must be deposited by the proper county official [with the state treasurer, who shall place and keep the funds in a special fund to be known as] in the state treasury for credit to the woolgrowers predatory animal control fund [,] which is hereby created as a special revenue fund, subject only to the orders of the board.
κ1983 Statutes of Nevada, Page 404 (CHAPTER 169, AB 322)κ
Sec. 40. NRS 569.090 is hereby amended to read as follows:
569.090 1. The department shall pay [, or cause to be paid,] the reasonable expenses incurred in taking up, holding, advertising and selling the estray [or estrays,] and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in [the agriculture working capital fund of the department.] a savings account in a bank qualified to receive deposits of public money. Any interest and the proceeds from the sale of an estray which are not claimed pursuant to subsection 3 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection fund.
2. The department shall make a [full and] complete record of all such transactions, including the marks and brands and other means of identification of an estray [or estrays,] , which record [shall] must be open to the inspection of the public.
[2.] 3. If the lawful owner of any estray [or estrays] sold as provided in this section is found within 1 year after the sale , [of such estray or estrays,] the net amount received from the disposal of such estray [or estrays] must be paid to the owner if he proves ownership to the satisfaction of the department. [If, at the end of 1 year from the date of sale of the estray or estrays, the proceeds from such sale or sales remain unclaimed, such proceeds shall be deposited in the livestock inspection fund.
3.] 4. If any claim pending after the expiration of 1 year from the date of sale is denied, the proceeds [shall] must be deposited in the livestock inspection fund.
Sec. 41. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created the vocational rehabilitation revolving [fund] account in the amount of $50,000 to be used for the payment of claims of applicants for or recipients of services from the bureau and vendors providing services to those applicants or recipients under procedures established by the bureau.
2. Upon written request from the chief, the state controller shall draw his warrant from money already appropriated in favor of the chief in the sum of $40,000. When the warrant is paid, the chief shall deposit the $40,000 in a bank qualified to receive deposits of public money . [as provided by law.] The bank must secure the deposit with a depository bond satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.
3. After expenditure of money from the revolving [fund,] account, the chief shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the vocational rehabilitation revolving [fund,] account, to be paid to the order of the chief, and the state treasurer shall pay it.
4. Money in the vocational rehabilitation revolving [fund] account does not revert to the state general fund at the end of the fiscal year, but remains in the revolving [fund.] account.
5. Purchases paid for from the vocational rehabilitation revolving [fund] account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
κ1983 Statutes of Nevada, Page 405 (CHAPTER 169, AB 322)κ
exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
Sec. 42. NRS 652.100 is hereby amended to read as follows:
652.100 1. All applications for a license or renewal thereof [shall] must be accompanied by a reasonable fee in an amount prescribed by the board.
[2.] All fees [shall] must be paid to the board and [shall] must be deposited [by the board] with the state treasurer [to the] for credit [of the medical laboratory certification and improvement fund hereby created.
3. Payments from the fund shall be made] to the appropriate account of the state board of health.
2. Claims for per diem and travel expenses authorized by NRS 652.170, and for other expenses of administration of this chapter [.
4. Claims against the fund shall be made by the board, and] must be paid as other claims against the state are paid.
[5. Balances in the medical laboratory certification and improvement fund shall not revert to the general fund at the end of the fiscal year but shall continue in the medical laboratory certification and improvement fund from year to year.]
Sec. 43. NRS 233.120 and 583.565 are hereby repealed.
Sec. 44. The initial balance of the revolving account for agriculture working capital, created pursuant to NRS 561.335, must be provided by the transfer of the money remaining in the agriculture working capital fund on July 1, 1983.
Sec. 45. Section 34 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 222Committee on Natural Resources
CHAPTER 170
AN ACT relating to the state department of agriculture; increasing the fees for registering pesticides, fertilizers, agricultural minerals and antifreeze; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 586.270 is hereby amended to read as follows:
586.270 The registrant shall pay an annual registration fee in an amount fixed by the executive director not to exceed [$20] $25 for each pesticide registered . [up to 10 brands and not to exceed $15 for each additional brand registered.]
Sec. 2. NRS 588.170 is hereby amended to read as follows:
588.170 1. Each brand and grade of commercial fertilizer or agricultural mineral [shall] must be registered with the state department of agriculture before being offered for sale, sold or distributed in this state.
κ1983 Statutes of Nevada, Page 406 (CHAPTER 170, SB 222)κ
agricultural mineral [shall] must be registered with the state department of agriculture before being offered for sale, sold or distributed in this state.
2. [The] An application for registration [shall] must be submitted in duplicate to the executive director on [forms] a form furnished by him, and [shall] must be accompanied by a registration fee in an amount to be fixed annually by the executive director, not to exceed [$15] $25 for each combined registration of brand and grade.
3. The applicant shall also deposit with the state department of agriculture an airtight container containing not less than 2 pounds of [such] the fertilizer or agricultural mineral, with an affidavit that it is a fair sample of the fertilizer or agricultural mineral to be sold or offered for sale.
4. Upon approval by the executive director, a copy of the registration [shall] must be furnished to the applicant.
5. All registrations expire on June 30 of each year.
Sec. 3. NRS 590.380 is hereby amended to read as follows:
590.380 1. Before any antifreeze may be sold, [exposed] displayed for sale [,] or held with intent to sell within this state, a sample thereof must be inspected annually by the state sealer of weights and measures.
2. Upon application of the manufacturer, packer, seller or distributor and the payment of a fee of [$30] $50 for each brand of antifreeze submitted, the state sealer of weights and measures shall inspect the antifreeze submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards of the state sealer of weights and measures, and if it is not in violation of NRS 590.340 to 590.450, inclusive, the state sealer of weights and measures shall give the applicant a written permit authorizing [the sale of such antifreeze] its sale in this state for the fiscal year in which the inspection fee is paid.
3. If the state sealer of weights and measures at a later date finds that the product to be sold, [exposed] displayed for sale or held with intent to sell has been materially altered or adulterated, a change has been made in the name, brand or trade-mark under which the antifreeze is sold, or it violates the provisions of NRS 590.340 to 590.450, inclusive, [the state sealer of weights and measures] he shall notify the applicant and the permit [shall] must be canceled forthwith.
________
κ1983 Statutes of Nevada, Page 407κ
Senate Bill No. 135Committee on Natural Resources
CHAPTER 171
AN ACT relating to well drillers; increasing the fees for issuance and renewal of licenses; authorizing the use of license fees to pay costs relating to the adoption of regulations; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534.140 is hereby amended to read as follows:
534.140 1. Every well driller, before engaging in the physical drilling of a well in the State of Nevada for development of water, shall annually apply to the state engineer for a license to drill.
2. The applications for those licenses and all licenses issued for the drilling of wells must be in the form prescribed by the state engineer.
3. All well-drilling licenses expire on June 30 following their issuance and are not transferable.
4. A fee of [$25] $50 must accompany each application for a license and a fee of [$10] $25 must be paid each year for renewal of the license.
5. Those license fees [shall] must be accounted for in the state engineers water license fund and used to pay costs pertaining to [the] licensing , [and other costs associated with it,] the adoption of regulations for well drilling and the compensation of the members of the well drillers advisory board and their expenses.
6. The state engineer shall prepare and keep on file in his office regulations for well drilling.
7. Before engaging in the physical drilling of a well in this state for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, must obtain a license as a well driller from the state contractors board.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 408κ
Assembly Bill No. 308Assemblymen Redelsperger, Dini, Bilyeu, Marvel and Getto
CHAPTER 172
AN ACT relating to cities; restoring the power to incorporate to owners of property; requiring a public hearing and notice of the hearing before petitioning for incorporation; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.020 is hereby amended to read as follows:
266.020 1. If a majority of the qualified electors who are the owners of real property within the limits of the city or town proposed to be incorporated desire to be organized into a city or incorporated town, they may apply in writing to the district court of the proper county. As used in this section, qualified elector means a person who is otherwise qualified to vote and is an owner of real property within the limits of the proposed city or town, as shown by the last official registration lists and assessment roll, except that a person who possesses real property under a contract to purchase it shall be deemed the owner of that property.
2. The application must:
(a) Describe the territory to be embraced in the city or incorporated town.
(b) State the name proposed for the city or incorporated town.
(c) Have annexed thereto an accurate map or plat thereof, duly surveyed, and containing the streets and alleys.
(d) Be accompanied with:
(1) Satisfactory proof of the number of inhabitants within the territory embraced in the limits, for purposes of classification under the provisions of this chapter.
(2) An affidavit made by some person familiar with the facts that all of the names subscribed to the application or petition for incorporation were subscribed thereto not more than 90 days before the application or petition was presented to the district court.
3. No names may be subscribed to the application or petition for incorporation until after a public hearing on the issue of incorporation. Notice of the hearing must be published in a newspaper of general circulation and posted in three separate, prominent places within the area to be incorporated at least 10 days before the hearing.
Sec. 2. Section 2 of chapter 92, Statutes of Nevada 1981, is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 409κ
Senate Bill No. 269Committee on Commerce and Labor
CHAPTER 173
AN ACT relating to employment security; allowing certain data to be disclosed to department of economic development; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as [hereinafter] otherwise provided [,] in this section, information obtained from any employing unit or [individual] person pursuant to the administration of this chapter and any determination as to the benefit rights of any [individual shall be held] person is confidential and [shall] may not be disclosed or be open to public inspection in any manner [revealing the individuals] which would reveal the persons or employing units identity.
2. Any claimant (or his legal representative) [shall be supplied with] is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter.
3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration or enforcement of an unemployment compensation law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices, or the Internal Revenue Service of the Department of the Treasury . [, and information] Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer, to the department of economic development for its use in developing and diversifying the economic interests of this state.
5. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and [such] the recipients rights to further benefits under this chapter.
[5.] 6. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with [such] the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
κ1983 Statutes of Nevada, Page 410 (CHAPTER 173, SB 269)κ
the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
[6.] 7. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, [makes any disclosure of] discloses information obtained from any employing unit or [individual] person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this chapter, [shall use or permit] uses or permits the use of [such] the list for any political purpose, he is guilty of a misdemeanor.
[7.] 8. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and [shall] must not be the subject matter or basis for any lawsuit if [such] the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 242Committee on Commerce
CHAPTER 174
AN ACT relating to the subdivision of land; limiting the exemption of land located outside of Nevada by requiring inspection of certain lots before sale; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 119.120 is hereby amended to read as follows:
119.120 [1.] The provisions of this chapter do not apply, unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:
[(a)] 1. By a purchaser of any lot, parcel, interest or unit of a subdivision for his own account in a single or isolated transaction.
[(b) If each] 2. If:
(a) Each lot, parcel, interest, or unit being offered or disposed of in any subdivision is more than 80 acres in size [.] ;
(b) The purchaser or his agent inspects the land before purchasing it; and
(c) The developer signs an affirmation which states that the purchaser or his agent has inspected the land before purchasing it, and the affirmation is made a matter of record in accordance with regulations of the division.
κ1983 Statutes of Nevada, Page 411 (CHAPTER 174, AB 242)κ
affirmation is made a matter of record in accordance with regulations of the division.
For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision must be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.
[(c)] 3. If each lot, parcel, interest or unit being offered or disposed of in any subdivision is at least:
[(1)] (a) One-sixteenth of a section as described by a government land office survey, but not less than 35 acres; or
[(2)] (b) Forty acres in area, including roadways and easements, but not more than 80 acres in size, so long as the form and content of the advertising to be used is filed and approved in compliance with section 6 of Assembly Bill No. 241 of the 62nd session of the Nevada legislature, but the disclosure required by NRS 119.183 must be made. The size of undivided interests must be computed as provided in [paragraph (b).
(d)] subsection 2.
4. To any person who is licensed in this state to engage and is engaged in the business of the construction of residential, commercial or industrial buildings located in this state for disposition.
[(e)] 5. By any person who owns the land and is licensed in the State of Nevada to construct residential buildings if the land [being offered or disposed of] is located in this state and is to include a residential building when disposition is completed.
[(f)] 6. Pursuant to the order of any court of this state.
[(g)] 7. By any government or governmental agency.
[(h) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.
(i) To securities or units of interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.
(j) To cemetery lots.
2. Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter does not apply to the sale or lease of real estate which is free and clear of all liens, encumbrances and adverse claims if each purchaser or his spouse has personally inspected the lot which he purchased and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with regulations of the division. As used in this subsection, the terms liens, encumbrances and adverse claims are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.
κ1983 Statutes of Nevada, Page 412 (CHAPTER 174, AB 242)κ
local law, constitute liens on the property before they are due and payable.
3. The division may, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to such subdivision or lots, parcels, units or interests is not necessary in the public interest and for the protection of purchasers.
4. Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, is subject to all of the requirements of this chapter, except that its developer may file with the division a copy of an effective statement of record filed with the Secretary of Housing and Urban Development. To the extent that the information contained in the effective statement of record provides the division with information required under this chapter, the effective statement of record may substitute for information otherwise required under this chapter.
5. An exemption pursuant to this chapter is not an exemption from the provisions of NRS 278.010 to 278.630, inclusive.]
Sec. 2. NRS 119.130 is hereby amended to read as follows:
119.130 Except as provided in NRS 119.120 [,] and section 5 of this act, no subdivision or lot, parcel, unit or interest in any subdivision [shall] may in any way be offered or sold in this state by any person [or broker] until:
1. He has appointed in writing the secretary of state to be his attorney, upon whom all process, in any action or proceeding against him, may be served, and in [such] this writing [such person or broker shall agree] he agrees that any process against him which is served on the secretary of state shall be of the same legal force and validity as if served on [such person or broker] him and that [such] the appointment [shall continue] continues in force as long as any liability remains outstanding against [such person or broker] him in this state. [Such] The written appointment [shall] must be acknowledged before some officer authorized to take acknowledgments of deeds and [shall] must be filed in the office of the secretary of state . [, and copies] Copies certified by [him shall be] the secretary of state are sufficient evidence of [such] the appointment and agreement.
2. [Such person or broker] He has received a license under NRS 119.160.
Sec. 3. NRS 119.180 is hereby amended to read as follows:
119.180 No subdivision or lot, parcel or unit in any subdivision may be sold:
1. Until the division has approved a written plan or the methods proposed to be employed for the procurement of prospective purchasers, the sale to purchasers and the retention of purchasers after sale. The plan or methods must describe with particularity:
(a) The form and content of advertising to be used;
(b) The nature of the offer of gifts or other free benefits to be extended;
(c) The nature of promotional meetings involving any person or act described in this paragraph;
κ1983 Statutes of Nevada, Page 413 (CHAPTER 174, AB 242)κ
(d) The contracts, agreements and other papers to be employed in the sale of the property; and
(e) Such other reasonable details as may be required by the division.
The written plan, or the methods proposed, may be filed as a part of the application under NRS 119.140 and constitutes a part thereof.
2. Except through a broker, and before any offering or disposition, pursuant to any license granted under this chapter, the name of the broker must be placed on file with the division. Only that broker or his real estate salesman may offer or sell [subdivision] the subdivided property or any interest therein. Before a salesman offers or sells any property or interest, the salesmans name must be placed on file with the division. The broker and salesman if any, shall:
(a) Complete an application in such form and containing such reasonable information as the division may require.
(b) Pay the fees prescribed in this chapter.
Brokers and salesmen may represent only one developer at any one time in connection with sales governed by this chapter. A broker and a salesman may transfer their representation to a different developer only after completing an application in such form and containing such reasonable information as the division may require and paying the fees prescribed in this chapter.
Sec. 4. Chapter 119 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 7, inclusive, of this act.
Sec. 5. 1. The provisions of this chapter do not apply, unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, to:
(a) Any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.
(b) Securities or units of interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.
(c) Cemetery lots.
2. Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter does not apply to the sale or lease of real estate located in this state which is free and clear of all liens, encumbrances and adverse claims if each purchaser or his agent has personally inspected the lot before purchase and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with regulations of the division. As used in this subsection, the terms liens, encumbrances and adverse claims are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.
κ1983 Statutes of Nevada, Page 414 (CHAPTER 174, AB 242)κ
public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.
3. The division may, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to subdivisions or lots, parcels, units or interests in subdivisions is not necessary in the public interest and for the protection of purchasers.
Sec. 6. Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, is subject to all of the requirements of this chapter, except that its developer may file with the division a copy of an effective statement of record filed with the Secretary of Housing and Urban Development. To the extent that the information contained in the effective statement of record provides the division with information required under this chapter, the effective statement of record may substitute for information otherwise required under this chapter.
Sec. 7. An exemption pursuant to this chapter is not an exemption from the provisions of NRS 278.010 to 278.630, inclusive.
Sec. 8. Section 5 of Assembly Bill No. 241 of the 62nd session of the Nevada legislature is hereby amended to read as follows:
Sec. 5. 1. The information submitted pursuant to NRS 119.140 must be given to and reviewed with each purchaser by the broker or salesman before the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of the information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements must be kept in the brokers files within the State of Nevada for a period of 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and is subject to such inspection and audit as may be prescribed by regulations of the division.
2. Any contract or agreement for the sale of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120 [,] or section 5 of Assembly Bill No. 242 of the 62nd session of the Nevada legislature, where the information submitted pursuant to NRS 119.140 has not been given to and reviewed with the purchaser more than 3 days in advance of his signing the contract or agreement, may be revoked by the purchaser within 3 days after he signed or after receipt by him of the information, whichever is later, and the contract or agreement must so provide, except that the contract or agreement may stipulate that the right to revoke does not apply in the case of a purchaser who has received the information and inspected the subdivision in advance of signing the contract or agreement.
3. Any such revocation must be in writing in a form prescribed by the division and must be communicated to the broker within the time limited by this section for revocation and all money paid by the purchaser under the revoked contract or agreement must be returned to him immediately by the broker, without any deductions.
κ1983 Statutes of Nevada, Page 415 (CHAPTER 174, AB 242)κ
by the purchaser under the revoked contract or agreement must be returned to him immediately by the broker, without any deductions.
Sec. 9. Sections 1, 3 and 8 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 193Committee on Judiciary
CHAPTER 175
AN ACT relating to divorce; providing a summary procedure for certain uncontested divorces; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. A marriage may be dissolved by the summary procedure for divorce set forth in sections 2 to 5, inclusive, of this act when all of the following conditions exist at the time the proceeding is commenced:
1. Either party has met the jurisdictional requirements of NRS 125.020.
2. The husband and wife have lived separate and apart for 1 year without cohabitation or they are incompatible.
3. There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and the wife, to her knowledge, is not pregnant.
4. The parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.
5. The parties waive any rights to spousal support.
6. The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial.
7. The parties desire that the court enter a decree of divorce.
Sec. 3. 1. A summary proceeding for divorce may be commenced by filing in any district court a joint petition, signed under oath by both the husband and the wife, stating that as of the date of filing, every condition set forth in section 2 of this act has been met.
2. The petition must state:
(a) The mailing address of both the husband and the wife.
(b) Whether or not the wife elects to have her maiden or former name restored and, if so, the name to be restored.
Sec. 4. 1. At any time before the entry of a final judgment, either party to the marriage may revoke the joint petition and thereby terminate the summary proceeding for divorce.
κ1983 Statutes of Nevada, Page 416 (CHAPTER 175, SB 193)κ
either party to the marriage may revoke the joint petition and thereby terminate the summary proceeding for divorce.
2. The revocation may be effected by filing a notice of revocation with the clerk of the court in which the proceeding was commenced.
3. The revoking party shall send a copy of the notice of revocation to the other party by first class mail, postage prepaid, at his last known address.
Sec. 5. 1. No sooner than 10 days after the filing of the joint petition for a summary proceeding for divorce, the court may enter a final judgment or decree of divorce.
2. Entry of the final judgment constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and the property rights of the parties and bars the respective rights of the parties to spousal support, to written notice of entry of the judgment or decree, to appeal, to request findings of fact and conclusions of law and to move for a new trial.
3. A final judgment entered pursuant to this section does not prejudice or bar the rights of either of the parties to institute an action to set aside the final judgment for fraud, duress, accident, mistake or other grounds recognized at law or in equity.
Sec. 6. NRS 125.090 is hereby amended to read as follows:
125.090 Except in a summary proceeding for divorce:
1. The testimony of witnesses in suits for divorce [shall] must be given orally in court, with the right to either party to take and use depositions, on the same terms and in the same manner as in actions at law.
2. The proceedings, pleadings and practice [shall] must conform to those at law, as nearly as conveniently may be, but all preliminary and final orders may be in such form as will best effect the object of this chapter, and produce substantial justice.
________
Senate Bill No. 99Committee on Transportation
CHAPTER 176
AN ACT relating to highways; requiring the lease or rental of property not used for highways and the space above and below highways at fair market value; abolishing the requirement of notice in certain circumstances; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.507 is hereby amended to read as follows:
408.507 1. [In all cases where] If it is found advisable by the department to acquire real property, interests therein, or improvements thereon in advance of the actual construction, reconstruction or improvement of highways or [to acquire the same] in order to avoid the payment of excessive damages, [such] the real property, interests therein, or improvements thereon may be leased or rented by the department for fair market value in such manner [,] and for such periods [of time, and for such sums] as are determined by the director to be in the best interests of the state.
κ1983 Statutes of Nevada, Page 417 (CHAPTER 176, SB 99)κ
therein, or improvements thereon may be leased or rented by the department for fair market value in such manner [,] and for such periods [of time, and for such sums] as are determined by the director to be in the best interests of the state.
2. The director may lease for fair market value space above and below the established grade line of the highway to state and public agencies and private persons in such manner [,] and for such periods [of time, and for such consideration] as he determines [is] are in the best interest of the state, [provided:] if:
(a) The full use and safety of the highway will not be impaired [.] ;
(b) Vehicular or pedestrian access to such real property interests will not be required or permitted from the established grade line [.] ; and
(c) The free flow of traffic on the highway is not interfered with in any way.
[(d)] 3. All leases of such interests in real property [interests heretofore] entered into by the department before April 1, 1957, are hereby ratified. All [future] leases on or after that date must be ratified or approved by the board of directors of the department of transportation subject to the provisions of [paragraph (e).] subsection 4.
[(e) Whenever] 4. Except as otherwise provided in this subsection, if the department receives a proposal [of intention] to negotiate [such space,] a lease pursuant to subsection 2 which it considers feasible and acceptable in [principal,] principle, it shall publish a notice in a newspaper of general circulation at least once a week for [a period of] 2 weeks, stating that it has received [such] the proposal [,] and that it will receive other proposals for use of [such] the space for [a period of] 60 days after the completion of [such] the publication. A copy of [such] the notice must be mailed to each local governmental unit in the affected area. [3.] The requirements of this subsection do not apply if the proposal was received from an owner who controls the property on both sides of the highway.
5. A lease entered into pursuant to subsection 2 must be granted to the highest bidder bidding for the space unless only one bid is received from an owner who controls the property on both sides of the highway. If so, the department shall obtain an appraisal to determine whether that bid is for fair market value.
6. All money received for [such] leases and rentals must be deposited with the state treasurer to be credited to the state highway fund.
________
κ1983 Statutes of Nevada, Page 418κ
Senate Bill No. 80Committee on Commerce and Labor
CHAPTER 177
AN ACT relating to chiropractic; changing provisions of law relating to the members of the Nevada state board of chiropractic examiners and the qualifications, examination, licensing and discipline of chiropractors; providing for the enforcement of subpenas; requiring the confidentiality of certain records and proceedings; providing immunity from civil actions; providing injunctive relief; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of ministering to a patient while the chiropractor is under the influence of alcohol or any controlled substance as defined in chapter 453 of NRS.
Sec. 3. Malpractice means failure on the part of a chiropractor to exercise the degree of care, diligence and skill ordinarily exercised by chiropractors in good standing in the community in which he practices.
Sec. 4. 1. For the purposes of this chapter the secretary or president of the board may issue subpenas to compel the attendance of witnesses and the production of books and papers.
2. If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the secretary or president of the board 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 board pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the board which is named in the subpena, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the board.
3. Upon such a 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 board. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order that the witness appear before the board 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.
κ1983 Statutes of Nevada, Page 419 (CHAPTER 177, SB 80)κ
Sec. 5. 1. The board shall keep a record of its proceedings relating to licensing and disciplinary actions. These records must be open to public inspection at all reasonable times and must contain the name, known place of business and residence, and the date and number of the license of every chiropractor licensed under this chapter. The board may keep such other records as it deems desirable.
2. Except as provided in this subsection, all information pertaining to the personal background, medical history or financial affairs of an applicant or licensee which the board requires to be furnished to it under this chapter, or which it otherwise obtains, is confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or upon the order of a court of competent jurisdiction. The board may, under procedures established by regulation, permit the disclosure of this information to any agent of the Federal Government, of another state or of any political subdivision of this state who is authorized to receive it.
3. Notice of the disclosure and the contents of the information disclosed pursuant to subsection 2 must be given to the applicant or licensee who is the subject of that information.
Sec. 6. The board or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a chiropractor for gross malpractice, repeated malpractice or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 7. 1. In addition to any other remedy provided by law, the board, through its president, secretary or its attorney, or the attorney general, may apply to any court of competent jurisdiction to enjoin any unlicensed person from practicing chiropractic or representing himself to be a chiropractor.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:
(a) Without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure; and
(b) Pending proceedings for disciplinary action by the board. These proceedings must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.
Sec. 8. All proceedings subsequent to the filing of a complaint are confidential, except to the extent necessary for the conduct of an examination, until the board determines to proceed with disciplinary action. If the board dismisses the complaint, the proceedings remain confidential. If the board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.
Sec. 9. 1. Any person:
(a) Whose practice of chiropractic has been limited; or
(b) Whose license to practice chiropractic has been suspended until further order or revoked,
by an order of the board may apply to the board after a reasonable period for removal of the limitation or restoration of his license.
κ1983 Statutes of Nevada, Page 420 (CHAPTER 177, SB 80)κ
2. In hearing the application, the board:
(a) May require the person to submit to a mental or physical examination by physicians or other appropriate persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;
(b) Shall determine whether under all the circumstances the time of the application is reasonable; and
(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrant.
Sec. 10. NRS 634.020 is hereby amended to read as follows:
634.020 1. The Nevada state board of chiropractic examiners, consisting of six members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Five members who are:
(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology, and symptomatology [.] ;
(2) [Duly licensed chiropractors in the State of Nevada and actually] Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic [at the time of] in this state and who have been so engaged in this state for at least 3 years preceding their appointment.
(b) One member who is a representative of the general public.
3. At least two of the appointees [shall] must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the board.
4. 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. 11. NRS 634.025 is hereby amended to read as follows:
634.025 Each member of the board is entitled to receive:
1. A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence [and lodging, not to exceed $25 per day, and actual expenses for] , lodging and transportation, while traveling on business of the board.
Sec. 12. NRS 634.030 is hereby amended to read as follows:
634.030 1. The board shall elect a president, vice president and a [secretary-treasurer, and] secretary. The secretary shall serve also as treasurer of the board.
2. The board shall adopt reasonable regulations for the transaction of business and to enable it to carry out its duties under this chapter.
Sec. 13. NRS 634.040 is hereby amended to read as follows:
634.040 1. The board shall hold regular meetings to transact business [, commencing on the 2nd Monday of September and the 2nd Monday of March of each year.
κ1983 Statutes of Nevada, Page 421 (CHAPTER 177, SB 80)κ
Monday of March of each year. If either of such days is a holiday, then the meeting shall be held on the next succeeding day.] semiannually.
2. Special meetings may be called by the president, or by any three members, upon 30 days written notice.
3. All meetings shall be held in [the State of Nevada] this state at a place designated by the president and the secretary.
Sec. 14. NRS 634.080 is hereby amended to read as follows:
634.080 1. An applicant for examination [in March of any year shall file an application prior to February 15 of such year. An applicant for examination in September of any year shall] must file an application [prior to August 15 of such year.] not less than 30 days before the date of the examination.
2. Applications [shall] must be filed with the secretary of the board on forms to be furnished by the secretary.
3. Applications [shall] must be verified and [shall] must state the following:
(a) When and where the applicant was born and the various places of his residence, and [shall] must give at least two references in each place in which he has resided since attaining the age of 21 years.
(b) The name, age, sex and place of residence of the applicant.
(c) The names and post office addresses of all persons by whom [such] the applicant has been employed for a period of 5 years immediately preceding the making of the application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state; if so, when and where and the results thereof.
(e) If a naturalized citizen, and when and where naturalized.
(f) How long the applicant has resided in the State of Nevada; whether the applicant is a bona fide resident of Nevada, or whether he came to Nevada for the sole purpose of being admitted to the practice of chiropractic.
(g) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state; if so, and he has been licensed to practice chiropractic in another state, he shall state whether any discharge, dismissal, disciplinary or other proceedings of a like nature have ever been instituted against him. Such an applicant shall also attach a certificate of the secretary of the board of chiropractic examiners of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.
(h) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether or not he is a graduate of any school or schools.
Sec. 15. NRS 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.080, furnish satisfactory evidence to the board that he [possesses] :
κ1983 Statutes of Nevada, Page 422 (CHAPTER 177, SB 80)κ
(a) Is of good moral character and, if licensed to practice chiropractic in another state, possesses a good professional reputation; and
(b) Has a high school education and is a graduate from a [recognized] college of chiropractic accredited by the Council on Chiropractic Education whose minimum course leading to the degree of doctor of chiropractic consists of not less than 4,000 hours and embraces the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis and chiropractic analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and physiotherapy.
2. Except as provided in subsection 3, every applicant is required to submit evidence of not less than 2 years education in an accredited college or university.
3. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 2.
Sec. 16. NRS 634.130 is hereby amended to read as follows:
634.130 1. Licenses and certificates must be renewed annually. Each person licensed to practice chiropractic must, upon the payment of the fee provided for in this section, be granted a renewal certificate which authorizes him to continue to practice for 1 year.
2. Every person holding a valid license and actively practicing chiropractic [,] in this state, whether on a full-time or part-time basis, [in the State of Nevada may renew that license each year by paying] must pay a renewal fee not to exceed $200. Every person who holds a valid license in [the State of Nevada] this state but does not actively practice chiropractic [may renew that license by paying] must pay a renewal fee not to exceed $50. Every chiropractors assistant must pay a renewal fee not to exceed $100.
3. Each renewal fee must be paid to the board on or before January 1 of the year to which it applies.
[2.] 4. A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar of at least 10 hours approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.
5. If a licensee fails to pay his renewal fee by January 1 or fails to submit proof of continuing education pursuant to subsection 4, his license is automatically suspended and may be reinstated only upon the payment of a reinstatement fee of $100 in addition to the renewal fee.
Sec. 17. NRS 634.140 is hereby amended to read as follows:
634.140 [1. Upon complaint of the board, after 20 days notice of time and place of hearing has been given to any licensee, his license shall be revoked if it is found:
κ1983 Statutes of Nevada, Page 423 (CHAPTER 177, SB 80)κ
of time and place of hearing has been given to any licensee, his license shall be revoked if it is found:
(a) That he practices anything other than chiropractic to cure or relieve disease or to remove the cause thereof without having a separate license therefor; or
(b) That he no longer possess good moral character; or
(c) That he is addicted to the use of narcotic drugs as defined in chapter 453 of NRS; or
(d) That he is guilty in any way of deception or fraud in the practice of chiropractic.
2. If the accused is aggrieved by the action of the board, he may appeal to the district court on the merits.] The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;
(b) A felony; or
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.
4. Gross or repeated malpractice.
Sec. 18. NRS 634.160 is hereby amended to read as follows:
634.160 [Whenever any licensee is guilty of unprofessional conduct which has been brought to the boards attention in the manner provided in this chapter, or whenever any license has been procured by fraud or misrepresentation or issued by mistake, or the person holding such license is found to be practicing contrary to the provisions of this chapter, and a sworn complaint setting forth such facts has been filed with the secretary of the board, proceedings shall then be had as provided in this chapter.] The board or any of its members who become aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing chiropractic in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the secretary of the board.
Sec. 19. NRS 634.170 is hereby amended to read as follows:
634.170 1. When [charges have been] a complaint is filed with the secretary of the board [as provided in NRS 634.160, the charges shall] , it must be considered by the president and the secretary of the board. If , from the [sworn] complaint or from other official records , it [is made to appear that the charges] appears that the complaint may be well founded in fact, [then] the secretary shall cause written notice of [such charges] the charges in the complaint to be served upon the person charged at least 20 days before the date fixed for the hearing.
2. If the [charges are] complaint is not deemed by the president and the secretary to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person charged, [then the charges shall] the complaint must be held in abeyance and discussed at the next meeting of the board.
κ1983 Statutes of Nevada, Page 424 (CHAPTER 177, SB 80)κ
Sec. 20. NRS 634.190 is hereby amended to read as follows:
634.190 [1. After hearing the charges, if it appears to the satisfaction of the board that the person is guilty as charged, the board shall revoke the license of the person, either permanently or temporarily, and by its order suspend the person from the practice of chiropractic within this state, either permanently or temporarily, in the discretion of the board.
2. The board may likewise after finding the person guilty as charged place him on probation, impose a fine pursuant to NRS 634.150, or both.
3. The secretary of the board in all cases of revocation, suspension or probation shall enter in his records the fact of the revocation, suspension, probation or fine.] 1. The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
2. If the board finds the person guilty as charged in the complaint, it may by order:
(a) Place the person on probation for a specified period or until further order of the board.
(b) Administer to the person a public or private reprimand.
(c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of chiropractic.
(d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the board.
(e) Revoke the license of the person to practice chiropractic.
(f) Impose a fine of not more than $5,000, which must be deposited with the state treasurer for credit to the state general fund.
The order of the board may contain such other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.
Sec. 21. NRS 634.200 is hereby amended to read as follows:
634.200 [1. In all cases where a license is revoked or suspended or a person is placed on probation, a transcript of the proceedings before the board and the findings and order of the board shall be filed within 30 days with the clerk of the district court of the county in which the license to practice has been filed.
2. Any person whose license was revoked or suspended or who has been placed on probation may, within 60 days, petition the district court to review the proceedings, findings and order of the board and to reverse or modify the same.
3. Upon such review the burden shall be upon the petitioner to show wherein the order of the board is erroneous or unlawful.] 1. Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the boards order.
2. Every order of the board which limits the practice of chiropractic or suspends or revokes a license is effective from the date the secretary certifies the order to the proper county recorder until the order is modified or reversed by a final judgment of the court.
κ1983 Statutes of Nevada, Page 425 (CHAPTER 177, SB 80)κ
modified or reversed by a final judgment of the court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.
3. The district court shall give a petition for judicial review of the boards order priority over other civil matters which are not expressly given that priority by law.
Sec. 22. NRS 634.150, 634.180 and 634.210 are hereby repealed.
________
Assembly Bill No. 105Assemblyman Jeffrey
CHAPTER 178
AN ACT relating to contractors; specifying the date on which money retained during the construction or remodeling of a building becomes payable; requiring the payment of subcontractors and suppliers within 15 days after the contractor is paid; and providing other matters properly relating thereto.
[Approved April 26, 1983]
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 a new section which shall read as follows:
1. Except as provided in subsections 2, 3 and 6, any money remaining unpaid for the construction or remodeling of a building is payable to the contractor within 30 days after:
(a) Occupancy by the owner or by a person acting with the authority of the owner; or
(b) The availability of a constructed or remodeled building for its intended use. The contractor must have given a written notice of availability to the owner on or before the day on which he claims that the building became available.
2. The owner may:
(a) Withhold payment for the amount of any disputed or uncompleted items if he notifies the contractor in writing at the time of withholding as to any disputed items.
(b) Require, as a condition precedent to the payment of any money under the construction contract, that waivers of lien be furnished by the contractors subcontractors, suppliers or employees.
3. The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For projects which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the contractor.
4. Unless otherwise provided in the construction contract, any money which is payable to a contractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the three largest United States banking institutions on the date the contract is executed plus 2 percent, from 30 days after the date on which the money became payable until the date of payment.
κ1983 Statutes of Nevada, Page 426 (CHAPTER 178, AB 105)κ
5. Each contractor shall disburse money paid to him pursuant to this section, including any interest which he receives, to his subcontractors and suppliers within 15 days after he receives the money, in direct proportion to the subcontractors and suppliers basis in the total contract between the contractor and the owner.
6. This section does not apply to:
(a) Any residential building; or
(b) Public works.
Sec. 2. NRS 99.040 is hereby amended to read as follows:
99.040 When there is no express contract in writing fixing a different rate of interest, interest must be allowed at the rate of 12 percent per annum upon all money from the time it becomes due, in the following cases:
1. Upon contracts, express or implied, other than book accounts.
2. Upon the settlement of book or store accounts from the day on which the balance is ascertained.
3. Upon money received to the use and benefit of another and detained without his consent.
4. Upon wages or salary, if it is unpaid when due, after demand therefor has been made.
The provisions of this section do not apply to money owed for the construction or remodeling of a building pursuant to section 1 of this act.
________
Assembly Bill No. 251Assemblyman Banner
CHAPTER 179
AN ACT relating to industrial insurance; removing under certain circumstances the employers option to provide accident benefits for his employees; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The administrator may withdraw his approval of an employers providing accident benefits for his employees and require the employer to pay the premium collected pursuant to NRS 616.410 if the employer intentionally:
1. Determines incorrectly that a claimed injury did not arise out of and in the course of the employees employment;
2. Fails to advise an injured employee of his rights under this chapter;
3. Impedes the determination of disability or benefits by delaying a needed change of an injured employees physician;
κ1983 Statutes of Nevada, Page 427 (CHAPTER 179, AB 251)κ
4. Causes an injured employee to file a legal action to recover any compensation or other medical benefits due him from the employer;
5. Violates any of his or the departments regulations regarding the provision of accident benefits by employers; or
6. Discriminates against an employee who claims benefits under this chapter.
Sec. 3. 1. If an employer requests a hearing concerning the withdrawal of approval pursuant to section 2 of this act, the administrator shall set a date for a hearing within 20 days after receiving the request, and shall give the employer at least 10 business days notice of the time and place of the hearing.
2. A record of the hearing must be kept but it need not be transcribed unless it is requested by the employer and he pays the cost of transcription.
3. Within 5 business days after the hearing, the administrator shall either affirm or disaffirm the withdrawal of approval and give the employer written notice thereof by certified mail.
Sec. 4. NRS 616.415 is hereby amended to read as follows:
616.415 1. [Every] Except as otherwise provided in section 2 of this act, every employer operating under this chapter, alone or together with other employers, may make arrangements for the purpose of providing accident benefits as defined in this chapter for injured employees.
2. Employers electing to make such arrangements for providing accident benefits shall notify the commission of such election and render a detailed statement of the arrangements made, which arrangements shall not become effective until approved by the commission.
3. Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the commission for the preceding year, which report shall contain a statement showing:
(a) Total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers; and
(b) An itemized account of the expenditures, investments or other disposition of such fees; and
(c) What balance, if any, remains.
Such reports shall be verified by the employer, if an individual; by a member, if a partnership; by the secretary, president, general manager or other executive officer, if a corporation; by the physician, if contracted to a physician.
4. No employee is required to accept the services of a physician provided by his employer, but may seek professional medical services of his choice as provided in NRS 616.342. Expenses arising from such medical services shall be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees.
κ1983 Statutes of Nevada, Page 428 (CHAPTER 179, AB 251)κ
5. Every employer who fails to notify the commission of such election and arrangements, or who fails to render the financial report required, shall be liable for accident benefits as provided by NRS 616.410.
________
Assembly Bill No. 278Assemblyman Banner
CHAPTER 180
AN ACT relating to industrial insurance; extending gradually the limit on the duration of payments for permanent partial disabilities; and providing other matters properly relating thereto.
[Approved April 26, 1983]
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 insurer shall select a physician from a panel of physicians designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association publication, Guides to the Evaluation of Permanent Impairment, as it exists on the date most recently specified by regulation of the department. The department may supplement this publication by adopting 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 a 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,]
(a) On or after July 1, 1983, and before July 1, 1984, until the claimant is 66 years of age;
(b) On or after July 1, 1984, and before July 1, 1985, until the claimant is 67 years of age;
(c) On or after July 1, 1985, and before July 1, 1986, until the claimant is 68 years of age;
κ1983 Statutes of Nevada, Page 429 (CHAPTER 180, AB 278)κ
(d) On or after July 1, 1986, and before July 1, 1987, until the claimant is 69 years of age; or
(e) On or after July 1, 1986, until the claimant is 70 years of age,
whichever is later.
5. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
6. [A permanent partial disability award may be paid in a lump sum under the following conditions:
(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.
(b) A claimant injured on or after July 1, 1973, may, upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the insurer to receive his compensation in a lump sum.
(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.
7. The department shall adopt regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.
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.
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.
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 by the department. The tables must be reviewed annually by a consulting actuary.
11. An employee who is receiving:
(a) Compensation for a permanent total disability is not entitled to compensation for 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.
κ1983 Statutes of Nevada, Page 430 (CHAPTER 180, AB 278)κ
(c) Compensation for a temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability.
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.
[13.] 7. The department 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.
[14.] 8. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
[15.] 9. 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.
Sec. 2. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by [NRS 616.605 and] section 4 of this act and NRS 616.615, the insurer shall not make or allow any lump-sum settlements.
Sec. 3. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5, inclusive, of this act.
Sec. 4. 1. An award for a permanent partial disability may be paid in a lump sum under the following conditions:
(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.
(b) A claimant injured on or after July 1, 1973, may, upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the insurer to receive his compensation in a lump sum.
(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.
2. The department shall adopt regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.
κ1983 Statutes of Nevada, Page 431 (CHAPTER 180, AB 278)κ
3. 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.
4. The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value is calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.
Sec. 5. An employee who is receiving compensation for:
1. A permanent total disability is not entitled to compensation for permanent partial disability during the period when he is receiving compensation for the permanent total disability.
2. A temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability.
3. A temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability.
________
Senate Bill No. 81Committee on Commerce and Labor
CHAPTER 181
AN ACT relating to insurance; allowing reinsurance of all risks; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680A.200 is hereby amended to read as follows:
680A.200 1. The commissioner may [, in his discretion,] refuse to continue or may suspend, limit or revoke an insurers certificate of authority if he finds after a hearing thereon, or upon waiver of hearing by the insurer, that the insurer has:
(a) Violated or failed to comply with any lawful order of the commissioner; [or]
(b) Willfully violated or willfully failed to comply with any lawful regulation of the commissioner; or
(c) Violated any provision of this code other than [those] one for violation of which suspension or revocation is mandatory.
In lieu of such a suspension or revocation, the commissioner may [, in his discretion,] levy upon the insurer, and the insurer shall pay forthwith, an administrative fine of not more than $2,000.
κ1983 Statutes of Nevada, Page 432 (CHAPTER 181, SB 81)κ
2. The commissioner shall suspend or revoke an insurers certificate of authority on any of the following grounds [,] if he finds after a hearing thereon that the insurer:
(a) Is in unsound condition, [or] is being fraudulently conducted, or is in such a condition or is using such methods and practices in the conduct of its business as to render its further transaction of insurance in this state currently or prospectively hazardous or injurious to policyholders or to the public.
(b) With such frequency as to indicate its general business practice in this state:
(1) Has without just cause failed to pay, or delayed payment of, claims arising under its policies, whether the [claim is] claims are in favor of an insured or [is] in favor of a third person with respect to the liability of an insured to [such] the third person; or
(2) Without just cause compels insureds or claimants to accept less than the amount due them or to employ attorneys or to bring suit against the insurer or such an insured to secure full payment or settlement of such claims.
(c) Refuses to be examined, or [if] its directors, officers, employees or representatives refuse to submit to examination relative to its affairs, or to produce its books, papers, records, contracts, correspondence or other documents for examination by the commissioner when required, or refuse to perform any legal obligation relative to the examination.
(d) [Has] Except as provided in NRS 681A.110, has reinsured all its risks in their entirety in another insurer.
(e) Has failed to pay any final judgment rendered against it in this state upon any policy, bond, recognizance or undertaking as issued or guaranteed by it, within 30 days after the judgment became final or within 30 days after dismissal of an appeal before final determination, whichever date is the later.
3. The commission may, [in his discretion and] without advance notice or a hearing thereon, immediately suspend the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation or other delinquency proceedings have been commenced in any state by the public [insurance supervisory] officer [of such] who supervises insurance for that state.
Sec. 2. NRS 681A.110 is hereby amended to read as follows:
681A.110 1. An insurer may reinsure all or any part of an individual risk or of a particular class of risks in any other insurer [,] or , with the approval of the commissioner, all its risks in an authorized insurer, or may accept such reinsurance from any other insurer [;] , but no domestic insurer [shall] may so reinsure with an unauthorized insurer unless : [the]
(a) The unauthorized insurer [accepting the reinsurance] is authorized to transact insurance in another state conforming to the same standards of solvency as would be required of [such insurer] it if, at the time such reinsurance is effected, it [was] were so authorized in this state [, or unless, in] ;
κ1983 Statutes of Nevada, Page 433 (CHAPTER 181, SB 81)κ
(b) In the case of a group of individual, unincorporated alien insurers, it has assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000, and is authorized to transact insurance in at least one state [, or unless with] ; or
(c) It has the commissioners approval in advance. With the commissioners approval, a domestic insurer may reinsure all or substantially all [of] its risks in any other insurer, or similarly reinsure the risks of any other insurer, as provided in NRS 693A.370 (bulk reinsurance).
2. No credit [shall] may be taken for the reserve or unearned premium liability on account of any such reinsurance unless [the] :
(a) The insurer accepting the reinsurance is authorized to transact insurance in this state or in another state conforming to the same standards of solvency as would be required of [such insurer] it if, at the time such reinsurance is effected, it [was] were so authorized in this state [, or unless, in] ; or
(b) In the case of a group of individual, unincorporated alien insurers, it has assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000 [,] and is authorized to transact insurance in at least one state.
3. Credit [shall] must be allowed as an asset or as a deduction from liability [,] to any ceding insurer for reinsurance lawfully ceded to an assuming insurer qualified therefor under subsection 2 [;] , but no such credit [shall] may be allowed [in any case] unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding insurer under the contracts reinsured without diminution because of the insolvency of the ceding insurer.
4. Upon request of the commissioner an insurer shall promptly inform [the commissioner] him in writing of the cancellation or any other material change [of] in any of its reinsurance treaties or arrangements.
5. This section does not apply to wet marine and transportation insurance.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 434κ
Assembly Bill No. 358Committee on Judiciary
CHAPTER 182
AN ACT relating to criminal procedure; shortening the time of imprisonment required for an unpaid fine; increasing the rate credited for public work against a fine; deleting or repealing the corresponding sections in the city charters; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.065 is hereby amended to read as follows:
176.065 [Whenever] 1. Except as otherwise provided in subsection 2, whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the state prison or in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each [$4] $25 of the amount until [such] the fine or forfeiture is satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but his eligibility for parole is governed only by his sentence of imprisonment.
2. The provisions of this section do not apply to indigent persons.
Sec. 2. NRS 176.075 is hereby amended to read as follows:
176.075 [Whenever] 1. Except as otherwise provided in subsection 2, whenever a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, he shall be confined in the city or county jail for a period of not more than 1 day for each [$4] $25 of the amount until [such] the fine or forfeiture is satisfied.
2. The provisions of this section do not apply to indigent persons.
Sec. 3. Section 4.040 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 66, is hereby amended to read as follows:
Sec. 4.040 Credit against fine for prisoners labor. The court may, [in its discretion,] order [that] a convicted defendant [shall] to work on the streets or public works of the city at the rate of [$4] $25 per day for each day of the sentence. If the prisoner performs such labor, [$4] $25 per day [shall] must be applied against his fine until it is [exhausted or otherwise] satisfied.
Sec. 4. Section 4.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 882, is hereby amended to read as follows:
Sec. 4.040 Jurisdiction, additional judges . [, additional imprisonment to satisfy fine or forfeiture.] The municipal judge [shall have] has the powers and jurisdiction in [said] the city as are provided by chapters 5 and 266 of NRS . [and the] The practice and proceedings in [said court shall] the court must conform as nearly as practicable to that of [justices] justices courts in similar cases.
κ1983 Statutes of Nevada, Page 435 (CHAPTER 182, AB 358)κ
nearly as practicable to that of [justices] justices courts in similar cases. The court [shall have] has jurisdiction to hear, try and determine all cases, whether civil or criminal for the breach or violation of any city ordinance or any provision of this charter. Upon the written request of the city manager an additional temporary municipal judge may be provided for so long as the city council authorizes additional compensation for such a judge. Whenever a person is sentenced to [both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in the sentence of imprisonment, for an additional period of 1 day for every $4 of the amount until such fine or forfeiture is satisfied; or] pay a fine, the court may [, in its discretion,] adjudge and enter upon the docket a supplemental order that [such] the offender may , if he desires, work on the streets or public works of the city at the rate of [$8] $25 for each day . [of the sentence which shall apply on such fine or consideration until the same] The money so earned must be applied against the fine until it is satisfied. [He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.]
Sec. 5. Section 4.030 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 66, is hereby repealed.
Sec. 6. Section 4.040 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 614, is hereby repealed.
Sec. 7. Section 4.040 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 488, is hereby repealed.
Sec. 8. Section 4.030 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 396, is hereby repealed.
Sec. 9. Section 4.040 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 415, is hereby repealed.
Sec. 10. Section 4.040 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1076, is hereby repealed.
Sec. 11. Section 4.050 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1223, is hereby repealed.
Sec. 12. Section 4.050 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 735, is hereby repealed.
Sec. 13. Section 4.040 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 469, is hereby repealed.
Sec. 14. Section 4.030 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 912, is hereby repealed.
________
κ1983 Statutes of Nevada, Page 436κ
Senate Bill No. 95Senator Wagner
CHAPTER 183
AN ACT relating to motor vehicles; exempting certain conveyances for wheelchairs from registration; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.210 is hereby amended to read as follows:
482.210 1. The provisions of this chapter requiring the registration of certain vehicles do not apply to:
[1.] (a) Special mobile equipment.
[2.] (b) Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.
[3.] (c) Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.
[4.] (d) Golf carts which are:
[(a)] (1) Traveling from the residence or temporary abode of the owner or operator thereof to a golf course;
[(b)] (2) Traveling upon streets properly designated by the appropriate city or county as permissible for the operation of golf carts; and
[(c)] (3) Operating pursuant to a permit issued in accordance with rules and regulations adopted by the appropriate city or county.
[5.] (e) Mopeds.
[6.] (f) Towable tools or equipment as defined in NRS 484.202.
(g) Any motorized conveyance for a wheelchair, whose operator is a handicapped person not able to walk about.
2. For the purposes of this section, motorized conveyance for a wheelchair means a vehicle which:
(a) Can carry a wheelchair;
(b) Is propelled by an engine which produces not more than 3 gross brake horsepower or has a displacement of not more than 50 cubic centimeters;
(c) Is designed to travel on not more than three wheels; and
(d) Can reach a speed of not more than 30 miles per hour on a flat surface with not more than a grade of 1 percent in any direction.
The term does not include a tractor.
________
κ1983 Statutes of Nevada, Page 437κ
Senate Bill No. 204Senators Raggio, Wagner, Wilson, Mello and Glover
CHAPTER 184
AN ACT relating to justices courts; changing the number of justices of the peace in certain townships; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.020 is hereby amended to read as follows:
4.020 1. There [shall] must be one justices court in each of the townships of the state, for which there [shall] must be elected by the qualified electors of the township the following number of justices of the peace according to the population of the township:
(a) If the population is less than [80,000,] 90,000, one justice of the peace.
(b) If the population is [80,000] 90,000 or more but less than 150,000, [two] three justices of the peace.
(c) If the population is 150,000 or more [,] but less than 400,000, five justices of the peace.
(d) If the population is 400,000 or more, six justices of the peace.
2. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
3. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate must be filed in the office of the secretary of state as evidence of the official character of that officer.
Sec. 2. NRS 4.025 is hereby amended to read as follows:
4.025 1. The term of office of justices of the peace is 4 years . [except as otherwise provided in this section.] Each term begins on the 1st Monday of the January next after the appropriate general election.
2. [On or before the 1st Monday of January in 1979, the chief justice of the supreme court shall:
(a) In those townships having two justices of the peace, determine by lot one justice of the peace whose term expires on the 1st Monday of January in 1981 and one justice of the peace whose term expires on the 1st Monday of January in 1983.
(b) In those townships having five justices of the peace, determine by lot among the successors of justices of the peace in office on January 3, 1977, one justice of the peace whose term expires on the 1st Monday of January in 1981. The terms of the respective successors of the other justices of the peace expire on the 1st Monday of January in 1983. The term of the successor of the justice of the peace appointed for a term beginning on July 1, 1978, and expiring on the 1st Monday of January in 1979, expires on the 1st Monday of January in 1981.
The respective successors of those justices of the peace whose elective terms expire under the provisions of paragraphs (a) and (b) shall be elected at the general election next preceding the expiration date, for a term of 4 years.
κ1983 Statutes of Nevada, Page 438 (CHAPTER 184, SB 204)κ
terms expire under the provisions of paragraphs (a) and (b) shall be elected at the general election next preceding the expiration date, for a term of 4 years.
3.] If the board of county commissioners alters the boundaries of a township so that the proper number of justices of the peace within the township is increased or diminished, the board shall provide an effective date for the alteration such that the number of justices of the peace elected from each township at each general election remains as nearly equal as may be.
Sec. 3. The board of county commissioners of each county having a township entitled to an additional justice of the peace under subsection 1 of NRS 4.020 shall appoint one person qualified under NRS 4.010 to serve as justice of the peace for a term expiring on the 1st Monday of January in 1985.
________
Senate Bill No. 267Senators Raggio, Mello, Wagner, Wilson, Townsend, Glover and Glaser
CHAPTER 185
AN ACT relating to justices of the peace; providing that counties are exempt from the payment of filing fees; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. [Justices of the peace are allowed] Except as provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $200.......................................................... $15.00
If the sum claimed exceed $200 but does not exceed $1,250.......................... 25.00
In all other civil actions....................................................................................... 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS:
If the sum claimed does not exceed $500.......................................................... 10.00
If the sum claimed exceed $500 but does not exceed $1,000.......................... 20.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance:
κ1983 Statutes of Nevada, Page 439 (CHAPTER 185, SB 267)κ
In all civil actions.................................................................................................. $10.00
For every additional defendant, appearing separately................................... 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention................................................. 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court................................... 5.00
(g) For filing a notice of appeal, and appeal bonds....................................... 10.00
One charge only shall be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court 10.00
(i) For preparation and transmittal of transcript and papers on appeal...... 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder 20.00
(k) For entering judgment by confession........................................................ 5.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace 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, except fees which he may retain as compensation.
________
Assembly Bill No. 162Assemblymen Humke, Nevin, Stone, Ham, Stewart, Malone, Bilyeu and Sader
CHAPTER 186
AN ACT relating to controlled substances; expanding the list of property subject to forfeiture to include money exchanged for controlled substances and the proceeds of an exchange; providing for the distribution of the forfeited property and its proceeds; and providing other matters properly relating thereto.
[Approved April 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When property is forfeited under the provisions of NRS 453.011 to 453.551, inclusive, and this section, the appropriate law enforcement agency may:
(a) Retain it for official use;
κ1983 Statutes of Nevada, Page 440 (CHAPTER 186, AB 162)κ
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public; or
(c) Remove it for disposition in accordance with the law.
2. The proceeds from the sale of any property under the provisions of subsection 1 must be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. Any balance remaining must be deposited:
(a) If one agent seized the property, in the general fund of the governing body which employs the agent;
(b) If the seizing agent is employed by a countys consolidated law enforcement agency, in the countys general fund and credited to the general funds of the other participating entities in the same proportion as other money is distributed among the participating entities;
(c) If agents from more than one agency were substantially involved in the seizure, in an equitable manner to be directed by the court which has jurisdiction over the forfeiture proceeding.
3. After a conveyance is forfeited and upon the presentation of adequate proof of title, the appropriate state agency shall issue a certificate of title for the conveyance to:
(a) The governing body awarded title by the court if the conveyance is retained for officiel use; or
(b) The purchaser if the conveyance is sold by the seizing agency.
4. Any agency which receives forfeited property or proceeds therefrom pursuant to this chapter shall file a quarterly report of the approximate value of the property and the amount of any such proceeds with the entity which has budgetary control of the agency. Anticipated future forfeitures must not be considered in the budgetary planning for a law enforcement agency.
Sec. 2. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.551, inclusive.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive.
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.551, inclusive.
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsections 1 or 2, except that:
κ1983 Statutes of Nevada, Page 441 (CHAPTER 186, AB 162)κ
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the provisions of NRS 453.011 to 453.551, inclusive;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
(c) A conveyance is not subject to forfeiture for a violation of NRS 453.336 unless more than 1 kilogram of marihuana was in the conveyance; and
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
6. All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or of an injunction issued pursuant to NRS 453.558.
7. Except as provided in this subsection, everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive, all proceeds traceable to such an exchange, and all money, negotiable instruments and securities used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.551, inclusive. No persons interest in property may be forfeited pursuant to this subsection by reason of any act or omission which he establishes was committed or omitted without his knowledge or consent. [There] If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that [all money found in close proximity to forfeitable controlled substances, drug paraphernalia or records] the cash is traceable to an exchange for a controlled substance and is subject to forefeiture pursuant to this subsection.
Sec. 3. NRS 453.306 is hereby amended to read as follows:
453.306 1. Property subject to forfeiture under the provisions of NRS 453.011 to 453.551, inclusive, may be seized by the division or other law enforcement agency upon process issued by any magistrate having jurisdiction over the property.
2. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon the provisions of NRS 453.011 to 453.551, inclusive;
κ1983 Statutes of Nevada, Page 442 (CHAPTER 186, AB 162)κ
proceeding based upon the provisions of NRS 453.011 to 453.551, inclusive;
(c) The division or other law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) The division or other law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of NRS 453.011 to 453.551, inclusive.
3. In the event of seizure pursuant to subsection 2, proceedings under subsection 4, [shall] must be instituted promptly and [shall] have priority over other civil proceedings.
4. Property taken or detained under this section and NRS 453.301 [shall not be] is not subject to replevin, but is [deemed to be] in the custody of the division or other agency, as the case may be, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under the provisions of NRS 453.011 to 453.551, inclusive, the division or other agency may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the agency seizing the property; or
(c) Remove it to an appropriate location for disposition in accordance with law.
[5. When property is forfeited under the provisions of NRS 453.011 to 453.551, inclusive, the appropriate law enforcement agency may:
(a) Retain it for official use;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public;
(c) Remove it for disposition in accordance with the law.
6. The proceeds from the sale of any property under the provisions of subsection 5 shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. Any balance remaining shall be deposited in the state permanent school fund.]
Sec. 4. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 443κ
Assembly Bill No. 469Committee on Taxation
CHAPTER 187
AN ACT relating to taxation; providing for the submission to the registered voters at the special election in 1983 of the question whether the Sales and Use Tax Act of 1955 should be amended to impose those taxes on governmental contractors and impose the use tax whenever an out-of-state sale would have been taxable if made in Nevada; amending certain analogous taxes; and providing other matters properly relating thereto.
[Approved April 27, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the special election on June 7, 1983, a proposal shall be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. As far in advance of the special election as is practicable, the secretary of state shall issue a proclamation giving notice of the special election.
Sec. 3. As far in advance of the special election as is practicable, the secretary of state shall prepare and transmit by mail to the county clerk of each county in this state a sufficient number of certified copies of the proclamation of the special election for the county clerk to carry out the duties imposed upon him by the provisions of this act. Not less than 10 days before the date of the special election, each county clerk shall cause one certified copy of the proclamation of the special election to be posted within the county outside of incorporated cities.
Sec. 4. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the special election on June 7, 1983, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA
DO ENACT AS FOLLOWS:
Section 1. Section 34 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 769, is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 444 (CHAPTER 187, AB 469)κ
Sec. 34. 1. An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer on or after July 1, 1955, for storage, use, or other consumption in this state at the rate of 2 percent of the sales price of the property.
2. The tax is imposed with respect to all property which was acquired out of state in a transaction that would have been a taxable sale if it had occurred within this state.
Sec. 2. Section 51 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 771, is hereby amended to read as follows:
Sec. 51. [Notwithstanding any other provision of law the tax imposed under this act shall apply to the gross receipts from the sale of any tangible personal property to contractors purchasing such property either as the agents of the United States or for their own account and subsequent resale to the United States for use in the performance of contracts with the United States for the construction of improvements on or to real property, not including, however, contractors qualified to issue and who do issue resale certificates to vendors for tangible personal property for subsequent incorporation into real property outside this state in the performance of a contract to improve the out-of-state realty.] The taxes imposed under this chapter apply to the sale of tangible personal property to and the storage, use or other consumption in this state of tangible personal property by a contractor for a governmental, religious or charitable entity which is otherwise exempted from the tax unless the contractor is a constituent part of that entity.
Sec. 3. Section 8 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 763, is hereby repealed.
Sec. 4. This act shall become effective on July 1, 1983.
Sec. 5. Registration of qualified electors to vote in the special election closes at 9 p.m. on Saturday, May 7, 1983.
Sec. 6. Each county shall bear the cost of any paper for ballots which must be purchased and for the printing of ballots for the special election. No sample ballots may be printed or distributed except as part of a sample ballot printed and distributed for another election being conducted at the same time as the election required by this act.
Sec. 7. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act be amended to provide for collection of the tax on the sale to or use of personal property by a governmental contractor and to impose the use tax wherever an out-of-state sale would be taxable if made in Nevada?
YES c NO c
Sec. 8. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
κ1983 Statutes of Nevada, Page 445 (CHAPTER 187, AB 469)κ
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act would provide for collecting the tax on the materials and other tangible personal property sold to or used by a contractor for a governmental or other entity even though that entity is itself exempted from the tax. It would also impose the use tax on out-of-state sales whenever the sale would be taxable if it had been made in Nevada. The legislature has amended the Local School Support Tax Law and the City-County Relief Tax Law to provide the same imposition of the taxes. A Yes vote is to provide for collecting the sales and use tax on these contractors and imposing the use tax wherever the sales tax would have applied. A No vote is a vote to maintain the exemptions.
Sec. 9. The board of county commissioners in each county shall convene not less than 3 days after the county clerk has received the returns of the special election and shall forthwith canvass the returns.
Sec. 10. On June 22, 1983, the justices of the supreme court, or a majority of them, shall meet with the secretary of state, and shall open and canvass the vote for and against the question and shall forthwith declare the results. If a majority of the votes cast on the question is yes, the amendment shall become effective on July 1, 1983. If a majority of the votes cast on the question is no, the proposed amendment does not become effective.
Sec. 11. All general election laws not inconsistent with this act apply to the special election required by this act to the extent they can be made applicable.
Sec. 12. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act, or in the other proceedings by the officers thereof under which the special election is held may not be so construed as to invalidate the adoption of the act by a majority of the registered voters voting on the question, if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the amendment was adopted or rejected by a majority of the registered voters.
Sec. 13. NRS 374.020 is hereby amended to read as follows:
374.020 Except where the context otherwise requires, the definitions given in NRS 374.025 to [374.105,] 374.100, inclusive, govern the construction of this chapter.
Sec. 14. NRS 374.190 is hereby amended to read as follows:
374.190 1. An excise tax is hereby imposed on the storage, use or other consumption in a county of tangible personal property purchased from any retailer for storage, use or other consumption in the county at the rate of 1 percent of the sales price of the property.
2. The tax is imposed on all property which was acquired out of state in a transaction which would have been a taxable sale if it had occurred within this state.
Sec. 15. NRS 374.345 is hereby amended to read as follows:
374.345 [Notwithstanding any other provision of law the tax imposed under this chapter shall apply to the gross receipts from the sale of any tangible personal property to contractors purchasing such property either as the agents of the United States or for their own account and subsequent resale to the United States for use in the performance of contracts with the United States for the construction of improvements on or to real property, not including, however, contractors qualified to issue and who do issue resale certificates to vendors for tangible personal property for subsequent incorporation into real property outside this state in the performance of a contract to improve the out-of-state realty.]
κ1983 Statutes of Nevada, Page 446 (CHAPTER 187, AB 469)κ
sale of any tangible personal property to contractors purchasing such property either as the agents of the United States or for their own account and subsequent resale to the United States for use in the performance of contracts with the United States for the construction of improvements on or to real property, not including, however, contractors qualified to issue and who do issue resale certificates to vendors for tangible personal property for subsequent incorporation into real property outside this state in the performance of a contract to improve the out-of-state realty.] The taxes imposed under this chapter apply to the sale to and the storage, use or other consumption in this state of tangible personal property by a contractor for a governmental, religious or charitable entity which is otherwise exempted from the tax, unless the contractor is a constituent part of that entity.
Sec. 16. NRS 374.105 is hereby repealed.
Sec. 17. This section and sections 1 to 12, inclusive, of this act shall become effective upon passage and approval. Sections 13 to 16, inclusive, of this act shall become effective on July 1, 1983.
________
Senate Bill No. 191Committee on Judiciary
CHAPTER 188
AN ACT relating to criminal procedure; allowing criminal complaints and citations to be made upon declaration under the penalty for perjury; and providing other matters properly relating thereto.
[Approved April 29, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.102 is hereby amended to read as follows:
171.102 The complaint is a written statement of the essential facts constituting the public offense charged. It [shall] must be made upon : [oath]
1. Oath before a magistrate or a notary public [.] ; or
2. Declaration which is made subject to the penalty for perjury.
Sec. 2. NRS 171.1778 is hereby amended to read as follows:
171.1778 If the form of citation includes information [and is sworn to] whose truthfulness is attested as required [under the general laws of this state in respect to] for a complaint charging commission of the offense alleged in the citation to have been committed, then [such] the citation when filed with a court [having] of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution.
Sec. 3. NRS 484.817 is hereby amended to read as follows:
484.817 If the form of citation includes information [and is sworn to] whose truthfulness is attested as required [under the general laws of this state in respect to] for a complaint charging commission of the offense alleged in the citation to have been committed, then [such] the citation when filed with a court [having] of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.
κ1983 Statutes of Nevada, Page 447 (CHAPTER 188, SB 191)κ
the citation when filed with a court [having] of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.
________
Assembly Bill No. 144Committee on Ways and Means
CHAPTER 189
AN ACT relating to taxes on motor vehicle fuel; authorizing the use of specified proceeds of the taxes for the operation and maintenance of certain outdoor recreational facilities associated with boating; increasing the proceeds allocated for that purpose; and providing other matters properly relating thereto.
[Approved April 29, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 the improvement, operation and maintenance of 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.
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 [6] 12 cents per gallon, less the percentage of the 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.
κ1983 Statutes of Nevada, Page 448 (CHAPTER 189, AB 144)κ
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 , operation and maintenance 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 , operation and maintenance 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. 2. NRS 407.069 is hereby amended to read as follows:
407.069 In the utilization of the money received pursuant to the provisions of NRS 365.535, the administrator, subject to the approval of the director, may execute agreements with federal and state agencies, counties and special districts for the development, improvement , operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating.
Sec. 3. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and NRS 488.1793;
(c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;
(d) Appropriations made by the legislature; and
(e) All other sources,
must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
2. The department may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS [,] and as provided in NRS 365.535, and the money must not be diverted to any other use.
________
κ1983 Statutes of Nevada, Page 449κ
Senate Bill No. 111Committee on Judiciary
CHAPTER 190
AN ACT relating to restitution from offenders wages; broadening the class of victims eligible for restitution; and providing other matters properly relating thereto.
[Approved April 29, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.4825 is hereby amended to read as follows:
209.4825 Victim means:
1. A natural person, governmental agency, unincorporated association or business organization which is physically injured or otherwise suffers any damages as a direct or indirect result of a criminal act for which the offender is incarcerated.
2. The spouse, children and dependents of a natural person who is killed or is injured or suffers damages as described in subsection 1.
Sec. 2. NRS 209.4839 is hereby amended to read as follows:
209.4839 In determining the total restitution which may fairly be awarded to a victim, the director shall, to the extent possible, consider:
1. The following which were actually and reasonably incurred as a direct or indirect result of the crime:
(a) Medical expenses, including expenses for psychiatric treatment.
(b) Expenses for any nonmedical remedial care or treatment, including psychological treatment.
(c) Funeral expenses.
(d) Loss of earnings or financial support.
(e) Damage to or loss of real or personal property.
(f) Any other economic loss suffered by the victim.
2. Loss of companionship and the pain and suffering of the victim.
3. Any payments the claimant has already received or is legally entitled to receive as a direct result of the injury, loss or death upon which his claim is based.
4. Any conduct of the injured victim or the deceased which contributed directly or indirectly to his injury, loss or death.
________
κ1983 Statutes of Nevada, Page 450κ
Senate Bill No. 287Committee on Finance
CHAPTER 191
AN ACT relating to public schools; reducing the basic support guarantees for the year 1982-83; making a supplemental appropriation; and providing other matters properly relating thereto.
[Approved April 29, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 710, Statutes of Nevada 1981, at page 1731, is hereby amended to read as follows:
Section 1. The basic support guarantee per pupil for the respective school districts of the state for the fiscal year shown is:
1981-82 1982-83
Carson City School District........................... $1,657 [$1,846] $1,813
Churchill County School District.................. 1,618 [1,810] 1,777
Clark County School District......................... 1,601 [1,788] 1,753
Douglas County School District................... 1,557 [1,742] 1,708
Elko County School District.......................... 1,786 [1,960] 1,924
Esmeralda County School District................ 3,110 [3,701] 3,641
Eureka County School District...................... 2,488 [2,866] 2,816
Humboldt County School District................ 1,722 [1,810] 1,770
Lander County School District...................... 1,608 [1,815] 1,780
Lincoln County School District..................... 2,390 [2,691] 2,644
Lyon County School District......................... 1,934 [2,155] 2,122
Mineral County School District.................... 1,750 [2,125] 2,092
Nye County School District........................... 1,681 [1,893] 1,847
Pershing County School District.................. 1,883 [2,135] 2,102
Storey County School District...................... 2,978 [3,448] 3,396
Washoe County School District................... 1,579 [1,763] 1,729
White Pine County School District.............. 2,166 [2,371] 2,334
Sec. 2. Notwithstanding the provisions of NRS 387.124, the making of monthly rather than quarterly distributions from the state distributive school fund for the fiscal year 1982-83 is hereby ratified. The respective amounts provided in section 1 of this act for 1982-83 are limits, and the respective totals of the distributions made after the effective date of this act when added to the distributions made before that date must not cause the basic support for any school district to exceed the limit for that school district.
Sec. 3. There is hereby appropriated from the state general fund to the state distributive school fund created pursuant to NRS 387.030 the sum of $10,244,780 as a supplemental appropriation to that made by section 3 of chapter 710, Statutes of Nevada 1981, at page 1734. Any remaining balance of the supplemental 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.
κ1983 Statutes of Nevada, Page 451 (CHAPTER 191, SB 287)κ
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 576Committee on Taxation
CHAPTER 192
AN ACT relating to governmental finance; deferring the dates for hearing and adoption of local government budgets and for the setting of tax rates on property; and providing other matters properly relating thereto.
[Approved April 29, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. For the fiscal year 1983-1984 only:
1. Notwithstanding the provisions of NRS 354.596:
(a) The tentative budget of a local government need not be filed or copies of it submitted until the date on which notice is given of the public hearing upon it.
(b) The public hearing must be held no earlier than May 20, 1983, and no later than June 3, 1983. Notice of the time and place of the hearing must be given at least 3 days before the hearing.
(c) The department of taxation may certify compliance or give notice of lack of compliance at any time before June 1, 1983, or 3 days after a copy of the tentative budget is submitted, whichever is later.
2. Notwithstanding the provisions of NRS 354.598, the last day for adopting the final budget of a local government and for transmitting a copy of it to the Nevada tax commission is June 3, 1983.
3. Notwithstanding the provisions of NRS 361.455:
(a) The Nevada tax commission shall meet on June 17, 1983, to set the tax rates for local governments.
(b) If the combined tax rate together with any established state rate exceeds the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the rates for the local governments, but shall not reduce the rate of the county school district for the support of the public schools.
(c) Any local government whose budget must be revised because of such an adjustment shall file a copy of its revised budget by July 15, 1983.
Sec. 2. Chapter 50, Statutes of Nevada 1983, is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 452κ
Senate Bill No. 253Senator Hernstadt
CHAPTER 193
AN ACT relating to dairy products; adding and defining a new category of frozen desserts; and providing other matters properly relating thereto.
[Approved April 30, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 584.014 is hereby amended to read as follows:
584.014 1. As used in this section:
(a) Candy includes candies, cakes, cookies, glaceed fruits, prepared cereals and similar products.
(b) Chocolate ice cream means ice cream flavored with chocolate or cocoa.
(c) Fruit ice cream means ice cream containing not less than 3 percent by weight of clean, mature, sound fruit or its equivalent in other forms.
(d) Nut or candy ice cream means ice cream containing not less than 1 percent by weight of sound, nonrancid nut meats or candy.
2. No frozen dessert may be labeled or sold in this state as ice cream unless it:
(a) Weighs at least 4.5 pounds per gallon;
(b) Contains at least 6 percent of milk solids not fat; and
(c) Except as provided in subsection 3, contains at least 10 percent of milk fat and 20 percent of total milk solids.
3. Chocolate ice cream, fruit ice cream and nut or candy ice cream [shall] must contain at least 8 percent of milk fat and 16 percent of total milk solids.
4. Frozen desserts may be produced and sold which contain less than the amounts of milk fat required by subsections 2 and 3 for their respective categories of ice cream, but [shall] must be labeled:
(a) Ice milk if they contain at least 2 percent of milk fat and 11 percent of milk solids; [or]
(b) Low-fat frozen dairy desserts if they contain at least 0.5 percent but less than 2 percent milk fat; or
(c) By a name which does not imply a dairy dessert, if they contain less than such amounts.
________
κ1983 Statutes of Nevada, Page 453κ
Assembly Bill No. 156Assemblyman Sedway
CHAPTER 194
AN ACT relating to public health; authorizing the sale of supplies of controlled substances by pharmacies to practitioners; authorizing the sale of controlled substances, dangerous drugs and hypodermic devices to stock ambulances; and providing other matters properly relating thereto.
[Approved April 30, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A practitioner may purchase supplies of controlled substances from a pharmacy if he presents to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration.
2. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit for the operation of an ambulance service or air ambulance service supplies of controlled substances to stock his ambulances or replenish the stock if:
(a) The purchase order is countersigned by a physician; and
(b) The intermediate emergency medical technician, the advanced emergency medical technician-ambulance or the registered nurse who is in charge of the controlled substances in the ambulance is, respectively, appropriately certified by the health division or licensed by the state board of nursing.
3. The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 2. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit for the operation of an ambulance service or air ambulance service supplies of dangerous drugs to stock his ambulances or replenish the stock if:
(a) The purchase order is countersigned by a physician; and
(b) The intermediate emergency medical technician, the advanced emergency medical technician-ambulance or the registered nurse who is in charge of the dangerous drugs in the ambulance is, respectively, appropriately certified by the health division or licensed by the state board of nursing.
2. The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of such sales.
Sec. 3. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.
κ1983 Statutes of Nevada, Page 454 (CHAPTER 194, AB 156)κ
2. The provisions of this section do not apply to the furnishing of any dangerous drug by:
(a) A practitioner to his own patients as provided in NRS 454.301;
(b) A physicians assistant if authorized by the board;
(c) A registered nurse while participating in a public health program approved by the board, or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer or dispense dangerous drugs; or
(d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
(e) A hospital pharmacy or a pharmacy so designated by a district health officer to the holder of a permit for the operation of an ambulance service or an air ambulance service to stock ambulances or replenish the stock.
Sec. 4. NRS 454.480 is hereby amended to read as follows:
454.480 1. Hypodermic devices may be sold by pharmacists on the prescription of a physician, dentist or veterinarian. Such prescriptions [shall] must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling [shall] must be maintained as required by NRS 454.236 to 454.276, inclusive.
2. [Pharmacists] Except as otherwise provided in subsection 3, pharmacists and others holding hypodermic permits, unless the permit limits otherwise, may sell hypodermic devices without prescription for the following purposes:
(a) For use in the treatment of persons having asthma or diabetes.
(b) For use in injecting medications prescribed by a physician for the treatment of human beings.
(c) For use in an ambulance for which a permit is held pursuant to NRS 450B.200 or 450B.210.
(d) For the injection of drugs in animals or poultry.
[(d)] (e) For commercial or industrial use or use by jewelers or other merchants having need for such devices in the conduct of their business, or by hobbyists when the seller is satisfied that the device will be used for legitimate purposes.
[(e)] (f) For use by funeral directors and embalmers, licensed medical technicians or technologists, or research laboratories.
3. [The sale] Only pharmacists may sell without prescription [of] any hypodermic device intended for human use, as set forth in paragraphs (a) , [and] (b) and (c) of subsection 2 . [, shall be limited to pharmacists and all such sales must be recorded as provided in NRS 454.490.]
________
κ1983 Statutes of Nevada, Page 455κ
Senate Bill No. 263Committee on Finance
CHAPTER 195
AN ACT relating to the Nevada Magazine; creating an enterprise fund in which the financial activities of the magazine must be accounted for; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The fund for the Nevada Magazine is hereby created as an enterprise fund.
2. All receipts from publication of the Nevada Magazine and from any other operation conducted by the magazine must be deposited with the state treasurer for credit to the fund, and all other financial activities related to the publication or other operations of the magazine must be accounted for in the fund. Claims against the fund must be paid as other claims against the state are paid.
Sec. 2. 1. On July 1, 1983, the state controller shall transfer to the fund for Nevada Magazine all money identified with the preparation, publication or other operations of the Nevada Magazine and related activities except for the amount necessary to pay the expenses of those activities applicable to fiscal year 1982-83.
2. Upon closing the books for that fiscal year, the state controller shall transfer the remainder of such money to the fund.
________
Senate Bill No. 214Committee on Finance
CHAPTER 196
AN ACT relating to Nevada Reports; making an appropriation for their reproduction; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund for the support of the legislative counsel bureau, for the cost of reproducing volumes of Nevada Reports pursuant to NRS 345.025, the sum of $66,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 456κ
Assembly Bill No. 252Committee on Labor and Management
CHAPTER 197
AN ACT relating to occupational diseases; making assorted changes in the law relating thereto; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If, on a claim for compensation, any medical question is in controversy, the claim may be referred to the medical review board created pursuant to NRS 616.190 for determination in the same manner as provided in NRS 616.540.
Sec. 2. NRS 617.270 is hereby amended to read as follows:
617.270 1. The rights and remedies provided in this chapter on account of an occupational disease sustained by an employee, arising out of and in the course of the employment, [shall be] are exclusive, except as otherwise provided in this chapter, of all other rights and remedies of [such] the employee, his personal or legal representative, dependents or next of kin, at common law or otherwise, on account of [such] the disease.
2. The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for such diseases sustained or death resulting from such diseases [shall be] are conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter.
3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any occupational disease sustained by an employee of any contractor in the performance of the contract, to every architect or engineer who performs services for the contractor or any such beneficially interested persons.
4. If an employee receives any compensation or medical benefits under this chapter, the acceptance of the compensation or benefits is in lieu of any other compensation, award or recovery against his employer under the laws of any other state or jurisdiction and the employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.
Sec. 3. NRS 617.275 is hereby amended to read as follows:
617.275 1. If an employee who has been hired and who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory coverage for occupational [disease coverage,] diseases, the employee may elect to receive compensation under the provisions of this chapter by:
(a) Filing a written notice of his election with the administrator; and
κ1983 Statutes of Nevada, Page 457 (CHAPTER 197, AB 252)κ
(b) Making an irrevocable assignment to the administrator of his right of action against the uninsured employer.
2. Any employer who has failed to provide mandatory coverage required under the provisions of this chapter may not escape liability in any action brought by the employee or the administrator by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.
3. The administrator shall assign a claim of an employee of an uninsured employer to the system for settlement and the payment of benefits and shall reimburse the system for claims adjusted and benefits paid.
4. A self-insured employer must bear a proportionate amount of a claim made pursuant to this chapter, and is entitled to a proportionate amount of the assignment made pursuant to this section.
Sec. 4. NRS 617.300 is hereby amended to read as follows:
617.300 For the purposes of any [experience] rating for an establishment or plant [as provided for in NRS 617.280 and 617.290,] based on its experience, the accident record of an establishment or plant [shall] may not be charged directly with more than $2,500 for any one case of total disability or death as a result of silicosis arising out of and in the course of employment in Nevada [; provided, that] , if, in any case coming within the purpose of this section, the injured employee [shall have] has been exposed to harmful quantities of silicon dioxide dust for [a period of] not less than 3 years in employment in Nevada.
Sec. 5. NRS 617.330 is hereby amended to read as follows:
617.330 In all cases of occupational disease or death resulting from occupational disease, except as otherwise provided in this chapter, a proceeding before the insurer on a claim for compensation is forever barred, unless, within 90 days after the employee has knowledge of the disability [,] and its relationship to his employment, or within 1 year after death occurred, a claim therefor is filed with the insurer.
Sec. 6. NRS 617.370 is hereby amended to read as follows:
617.370 1. Any employee [claiming the right] who is entitled to receive compensation under this chapter [may be required by an appeals officer or the insurer to] shall, if:
(a) Requested by the insurer; or
(b) Ordered by an appeals officer or a hearing officer,
submit himself for medical examination at [any] a time and from time to time at a place reasonably convenient for the employee [.] , and as may be provided by the regulations of the department.
2. The request or order for the examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.
3. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.
4. If the employee refuses to submit to any such examination or obstructs it, his right to [have his claim for compensation considered if his claim is pending before the insurer, or to receive any payments for compensation theretofore granted, must be suspended during the period of such refusal or obstruction.]
κ1983 Statutes of Nevada, Page 458 (CHAPTER 197, AB 252)κ
if his claim is pending before the insurer, or to receive any payments for compensation theretofore granted, must be suspended during the period of such refusal or obstruction.] compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.
5. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.
Sec. 7. NRS 617.440 is hereby amended to read as follows:
617.440 1. An occupational disease defined in this chapter shall be deemed to arise out of and in the course of the employment [:
(a) Only when the disease was contracted within 12 months previous to the date of disablement, except in cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X-rays) or ionizing radiation, in which cases the poisoning or illness resulting in disability must have been contracted in the State of Nevada.
(b) If there] if:
(a) There is a direct causal connection between the conditions under which the work is performed and the occupational disease;
[(c) Which] (b) It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;
[(d) Which] (c) It can be fairly traced to the employment as the proximate cause; and
[(e) Which] (d) It does not come from a hazard to which workmen would have been equally exposed outside of the employment.
2. The disease must be incidental to the character of the business and not independent of the relation of the employer and employee.
3. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.
4. In cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X-rays) or ionizing radiation, the poisoning or illness resulting in disability must have been contracted in the State of Nevada.
Sec. 8. NRS 617.455 is hereby amended to read as follows:
617.455 1. Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:
(a) Employed in this state in a full-time salaried occupation of firefighting for the benefit or safety of the public;
(b) Acting as a volunteer fireman in this state and is entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070; or
κ1983 Statutes of Nevada, Page 459 (CHAPTER 197, AB 252)κ
(c) Employed in a full-time salaried occupation as a police officer [.] in this state.
2. Except as provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his lungs and the making of an X-ray film of his lungs, upon employment, upon commencement of the coverage and thereafter on an annual basis during his employment.
3. A thorough test of the functioning of the lungs is not required for a volunteer fireman.
4. All physical examinations required pursuant to subsection 2 must be paid for by the employer.
5. A disease of the lungs is presumed to have arisen out of and in the course of the employment of any fireman or police officer described in this section if the last physical examination required by subsection 2, as evidenced by a written report of the medical examiner, failed to reveal any evidence of the disease.
6. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the provisions of this section; and
(b) Incapable of performing, with or without remuneration, work as a fireman or police officer,
may elect to receive the benefits provided under NRS 616.580 for a permanent total disability.
Sec. 9. NRS 617.457 is hereby amended to read as follows:
617.457 1. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and in the course of the employment of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a fireman or police officer [.] in this state.
2. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 and who, for 5 years or more, has served continuously as a volunteer fireman in this state and who has not reached the age of 55 years before the onset of the disease.
3. Each employee who is to be covered for diseases of the heart, pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his employment.
κ1983 Statutes of Nevada, Page 460 (CHAPTER 197, AB 252)κ
upon commencement of coverage and thereafter on an annual basis during his employment.
4. All physical examinations required pursuant to subsection 3 must be paid for by the employer.
5. Failure to correct predisposing physical conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.
6. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the provisions of this section; and
(b) Incapable of performing, with or without remuneration, work as a fireman or police officer,
may elect to receive the benefits provided under NRS 616.580 for a permanent total disability.
7. Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.
Sec. 10. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis is an occupational disease and is compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis are forever barred unless application is made to the insurer within 1 year after a temporary or total disability , or [within 6 months after] death.
3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation may be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee has been exposed to harmful quantities of silicon dioxide dust for [a total period of] not less than 3 years in employment in Nevada covered by the insurer.
5. Compensation on account of silicosis is payable only in the event of a temporary [total disability, permanent total] or permanent disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as provided in NRS 616.615, the insurer shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment. Payment of benefits and compensation is limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis [prior to] before July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled [must be terminated from all] , is not entitled to compensation payments by the insurer, but is entitled to continue to receive the same amount of compensation from the silicosis and disabled pension fund.
κ1983 Statutes of Nevada, Page 461 (CHAPTER 197, AB 252)κ
but is entitled to continue to receive the same amount of compensation from the silicosis and disabled pension fund.
Sec. 11. NRS 617.280 and 617.290 are hereby repealed.
________
Senate Bill No. 264Committee on Commerce and Labor
CHAPTER 198
AN ACT relating to employment security; including wages paid in another state for computation of maximum taxes; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.545 is hereby amended to read as follows:
612.545 1. For the purposes of NRS 612.535 and 612.540, wages do not include that part of [remuneration paid with respect to] the wages paid for employment to [an individual] a person by an employer during any calendar year which exceeds 66 2/3 percent of the average annual wage, rounded to the nearest hundred dollars, for the preceding calendar year unless that part of the [remuneration] wages is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter. The average annual wage for employers who do not elect reimbursement in lieu of contributions [shall] must be computed as follows: On or before July 1, the total wages reported for the preceding calendar year by [such] those employers who are subject to the provisions of this chapter [shall] must be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in [such] that year.
2. For the [purposes of this section any] purpose of this section:
(a) Any employer who acquired the entire or a district and severable portion of the organization, trade or business or substantially all of the assets of an employer [shall] must be treated as a single unit with its predecessor for the calendar year in which [such] the acquisition occurs.
(b) The wages paid by an employer to an employee performing services for him in another state upon which contributions are required to be paid by that employer under the unemployment compensation law of that state, must be included as part of the wages used to calculate the contributions in subsection 1.
________
κ1983 Statutes of Nevada, Page 462κ
Assembly Bill No. 328Assemblyman Bourne
CHAPTER 199
AN ACT relating to insurance; limiting the period for which an administrator must retain books and records of transactions with insurers and insureds to 5 years after the transaction rather than 5 years after terminating his agreement with the insurer; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 683A.0873 is hereby amended to read as follows:
683A.0873 1. Each administrator shall maintain at his principal office [, for a period of 5 years after his agreement with any insurer has been terminated,] adequate books and records of all transactions between himself, the insurer and the insured. The books and records [shall] must be maintained in accordance with prudent standards of [insurance] recordkeeping for insurance and with regulations of the commissioner [.] for a period of 5 years after the transaction to which they respectively relate. After the 5-year period the administrator may remove the books and records from the state, store their contents on microfilm or return them to the appropriate insurer.
2. The commissioner may examine, audit and inspect books and records kept by administrators under the provisions of this section.
3. The names and addresses of insured persons and any other material which is in the books and records of an administrator are confidential except when used in proceedings against the administrator.
4. The insurer may inspect and examine all books and records to the extent necessary to fulfill all contractual obligations to insured persons, subject to restrictions in the written agreement between the insurer and administrator.
________
Senate Bill No. 265Committee on Commerce and Labor
CHAPTER 200
AN ACT relating to employment security; changing the effective date for regulations; changing the date for the executive director to establish rate schedules for taxes; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.240 is hereby amended to read as follows:
612.240 [1. Regulations adopted by the employment security department shall become effective 10 days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state.
κ1983 Statutes of Nevada, Page 463 (CHAPTER 200, SB 265)κ
department shall become effective 10 days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state.
2.] Regulations for the internal management of the employment security department which do not affect private rights or procedures available to the public may be adopted, amended or rescinded by the executive director and become effective in the manner and at the time prescribed by the executive director.
Sec. 2. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers must be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means a person who has received a first payment.
(d) Computation date for each calendar year means June 30 of the preceding calendar year.
(e) Covered worker means a person who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to a person in his benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.
2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to him for each calendar year in order to reflect his experience and classification. No employers contribution rate may be reduced below 3 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 3 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
κ1983 Statutes of Nevada, Page 464 (CHAPTER 200, SB 265)κ
the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 3 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer must be assigned the contribution rate of his predecessor.
4. Benefits paid to a person up to and including the computation date must be charged against the records, for experience rating, of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, except that:
(a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during his base period, and except as provided in NRS 612.551, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience rating of that employer. The proportion of benefits paid which is equal to the part of the claimants wages for the base period paid by an employer who makes reimbursement must be charged to the record of that employer.
(b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to any employers experience rating record when no benefits would have been payable except for NRS 612.295.
(c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of his base period employers.
5. The executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year must be determined by the range within which his reserve ratio falls. The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which must be assigned the various contribution rates provided in subsection 6 of this section. The lowest contribution rate must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges must be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section must be assigned a contribution rate by the executive director for each calendar year according to the following classes:
κ1983 Statutes of Nevada, Page 465 (CHAPTER 200, SB 265)κ
Class 1...................................................................................................... 0.3 percent
Class 2...................................................................................................... 0.6 percent
Class 3...................................................................................................... 0.9 percent
Class 4...................................................................................................... 1.2 percent
Class 5...................................................................................................... 1.5 percent
Class 6...................................................................................................... 1.8 percent
Class 7...................................................................................................... 2.1 percent
Class 8...................................................................................................... 2.4 percent
Class 9...................................................................................................... 2.7 percent
Class 10.................................................................................................... 3.0 percent
Class 11.................................................................................................... 3.3 percent
Class 12.................................................................................................... 3.6 percent
7. On [November] September 30 of each year, the executive director shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on [the computation date;] March 31;
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the records of the employment security department for the 12 months ending on [the computation date;] March 31;
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on [the computation date;] September 30; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on [November] September 30. If the executive director finds on [November] September 30 preceding any such year that the balance in the unemployment compensation fund is less than the potential maximum annual benefits payable, a 0.5 percent solvency assessment must be added to the contribution rate of each class described in subsection 6 and to the contribution rate of the employers described in NRS 612.540.
8. The executive director shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for that calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of that year.
9. The experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:
κ1983 Statutes of Nevada, Page 466 (CHAPTER 200, SB 265)κ
(a) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;
(b) The successor employer notifies the employment security department of the acquisition in writing within 90 days after the date of the acquisition;
(c) The employer and successor employer submit a joint application to the executive director requesting the transfer; and
(d) The joint application is approved by the executive director.
The joint application must be submitted within 1 year after the date of issuance by the department of official notice of eligibility to transfer.
10. Whenever an employer has paid no wages in employment for 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and the account must not thereafter be used in any rate computation.
11. The executive director may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 127Committee on Commerce and Labor
CHAPTER 201
AN ACT relating to trust companies; prohibiting the use of the word trust in the names of businesses which are not supervised by the superintendent of banks, the commissioner of insurance or the commissioner of savings associations; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 669 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as otherwise provided in subsection 2, no person, partnership, firm, association, corporation or other business organization formed and doing business under the laws of this state may:
(a) Use the word trust or any direct derivative of that word as a part of its name.
(b) Advertise or use any sign with the word trust used as a part of its name.
2. The provisions of subsection 1 do not apply to a person or business organization which:
(a) Reports to and is supervised by the superintendent;
(b) Is supervised by the commissioner of savings associations; or
(c) Is supervised by the commissioner of insurance.
κ1983 Statutes of Nevada, Page 467 (CHAPTER 201, SB 127)κ
Sec. 2. NRS 78.045 is hereby amended to read as follows:
78.045 1. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under the laws of this state which provides that the name of the corporation contain the word trust, unless:
(a) It appears from the articles [,] or the certificate of amendment [,] that the corporation proposes to carry on business as a trust company , [business,] either exclusively or in connection with [the banking] its business [;] as a bank or savings and loan association; and
(b) The articles or certificate of amendment is first approved by the superintendent of banks [.] or the commissioner of savings associations.
2. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance, unless the articles or certificate of amendment is first approved by the commissioner of insurance.
3. The secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed under the laws of this or any other state if the name of the corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless:
(a) The state board of registered professional engineers and land surveyors certifies that the principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, under the laws of this state; or
(b) The state board of registered professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.
4. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities and Exchange Act of 1934, which does not engage in the practice of professional engineering.
5. The superintendent of banks , the commissioner of savings associations and the commissioner of insurance [are authorized, in their discretion, to] may approve or disapprove the articles or amendments referred to them under the provisions of this section.
________
κ1983 Statutes of Nevada, Page 468κ
Senate Bill No. 289Committee on Government Affairs
CHAPTER 202
AN ACT relating to metropolitan police departments; authorizing the issuance of general obligation bonds for the acquisition of certain property; requiring a tax ad valorem to retire those bonds; and providing other matters properly relating thereto.
[Approved May 2, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in this act, the words and terms defined in chapters 280 and 350 of NRS and in section 2 of this act have the meanings ascribed to them in those chapters and that section respectively.
Sec. 2. Taxable area means the geographical area which may be taxed ad valorem for the retirement of obligations of a department.
Sec. 3. The geographical area comprising the unincorporated area of the participating county and the area within the boundaries of each participating city of a metropolitan police department constitutes the taxable area for that department.
Sec. 4. 1. The committee may propose the issuance of general obligation bonds for the purpose of acquiring, for the use and benefit of the department, a computer-aided dispatch communication system.
2. If a majority of the registered voters of the taxable area who vote on the proposal favors the proposal, the committee shall issue on behalf of the department, for that purpose, general obligation bonds maturing serially over a term of not more than 5 years from the date or respective dates on the bonds in an aggregate principal amount not exceeding $6,200,000.
3. For the purposes of this act and chapter 350 of NRS, the department is a body corporate and politic, a political subdivision of the state, and a quasi-municipal district.
Sec. 5. The committee shall levy and collect on behalf of the department, in the manner provided in chapter 318 of NRS for the levy and collection of taxes on behalf of a general improvement district organized and existing under that chapter, a tax ad valorem on all taxable property within the taxable area of the department at the rate required to retire the general obligation bonds of the department.
Sec. 6. 1. Upon the withdrawal of a political subdivision from the department:
(a) All taxable property within the boundaries of that political subdivision which was included in the taxable area at the time any indebtedness was incurred under this act remains subject to the levy of taxes for the payment of its proportionate share of that indebtedness.
(b) Any real or personal property whose acquisition was financed by the issuance of general obligation bonds pursuant to this act must be immediately inventoried and appraised.
2. The withdrawing political subdivision is entitled to receive its share of the value of that real or personal property, in cash or in kind, or both, or in such other manner as determined by the committee, in the proportion that the total contribution of its property taxpayers to the retirement of the indebtedness on that property during the fiscal year or years the indebtedness was outstanding before its withdrawal bears to the total contribution of the property taxpayers of all participating political subdivisions to the retirement of that indebtedness during that time.
κ1983 Statutes of Nevada, Page 469 (CHAPTER 202, SB 289)κ
share of the value of that real or personal property, in cash or in kind, or both, or in such other manner as determined by the committee, in the proportion that the total contribution of its property taxpayers to the retirement of the indebtedness on that property during the fiscal year or years the indebtedness was outstanding before its withdrawal bears to the total contribution of the property taxpayers of all participating political subdivisions to the retirement of that indebtedness during that time.
Sec. 7. Notwithstanding the provisions of NRS 350.001 to 350.006, inclusive, the committee is not required to submit its proposal to issue general obligation bonds pursuant to the provisions of this act to the members of the general obligation bond commission of the county in which the department is located for the approval of that commission.
Sec. 8. Any interest earned on the proceeds of any bonds issued pursuant to this act or on their sinking fund may be applied to the completion of the acquisition or capital improvement of properties directly related to the project for which the bonds were issued, including the purchase of any equipment needed to complete and utilize the project. Any money not expended for this purpose must be credited immediately to the sinking fund. The money credited must be used to redeem the bonds and pay the interest thereon, subject to the provisions in the bonds concerning the time and method for their payment or to the proceedings authorizing or otherwise pertaining to their issuance.
Sec. 9. The authority to issue general obligation bonds under this act expires on December 31, 1984, but this section does not affect the contract of the holders of bonds outstanding on that date or the committees power to levy general ad valorem taxes to pay the principal of, any prior redemption premium due in connection with, and the interest on those bonds, as they become due.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 206Committee on Judiciary
CHAPTER 203
AN ACT relating to the supreme court; increasing the fees for filing appeals and other proceedings and for receiving decisions in pamphlet form; and providing other matters properly relating thereto.
[Approved May 3, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.250 is hereby amended to read as follows:
2.250 1. The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:
κ1983 Statutes of Nevada, Page 470 (CHAPTER 203, SB 206)κ
(a) Whenever any appeal from the final judgment or any order of a district court is taken to the supreme court, or whenever any special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise, is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the filing of the transcript on such appeal, cross-appeal or petition in such special proceeding in the supreme court, pay the clerk of the supreme court the sum of [$25,] $100, which payment is in full of all fees of the clerk of the supreme court in the action or special proceeding.
(b) No fees may be charged by the clerk in any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or commission thereof is a party in his or its official capacity, against the officer or commission.
(c) In habeas corpus proceedings of a criminal or quasi-criminal nature no fees may be charged.
(d) A fee of [$5] $30 for supreme court decisions in pamphlet form for each fiscal year, or a fee of [$2.50] $15 for less than 6 months supply of such decisions, to be collected from any person except those persons and agencies mentioned in NRS 2.345.
2. No other fees may be charged than those specially set forth in this section nor may fees be charged for any other services than those mentioned in this section.
3. The clerk of the supreme court shall keep in his office a fee book in which he shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection.
4. The clerk of the supreme court shall publish and set up in some conspicuous place in his office a fee table for public inspection. He shall forfeit a sum not exceeding $20 for each day of his omission to do so, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of his fees which may be due him for services rendered by him in any suit or proceeding, he may have execution therefor in his own name against the party or parties from whom they are due, to be issued from the supreme court upon order of a justice thereof or the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of any party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The clerk of the supreme court shall, when he deposits with the state treasurer money received by him for court fees, render to the state treasurer a brief note of the cases in which the money was received.
8. If the clerk of the supreme court violates any of the provisions of subsections 2 and 3 of this section, he is guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $1,000.
κ1983 Statutes of Nevada, Page 471 (CHAPTER 203, SB 206)κ
and upon conviction thereof shall be fined in any sum not exceeding $1,000.
9. If the clerk of the supreme court takes more or greater fees than are allowed in this section he is liable to indictment, and on conviction he shall be removed from office and fined in any sum not exceeding $1,000.
________
Senate Bill No. 348Committee on Finance
CHAPTER 204
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved May 3, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 294Committee on Taxation
CHAPTER 205
AN ACT relating to the property tax; changing the date on or before which claims for exemptions and for the allowance for certain residential heating or cooling systems must be filed; and providing other matters properly relating thereto.
[Approved May 3, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,
κ1983 Statutes of Nevada, Page 472 (CHAPTER 205, SB 294)κ
continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of that person.
3. The exemption [shall] may be allowed only to a claimant who files an affidavit annually, on or before [the 1st Monday in August,] August 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the secured tax roll, but the affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit [shall] must be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, [such] the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of [such] the false affidavit or false proof , a tax exemption is allowed to a person not entitled to [such] the exemption, he [or she] is guilty of a gross misdemeanor.
Sec. 2. NRS 361.091 is hereby amended to read as follows:
361.091 1. An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value.
κ1983 Statutes of Nevada, Page 473 (CHAPTER 205, SB 294)κ
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value.
For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption [is] may be allowed only to a claimant who has made an affidavit annually, on or before [the 1st Monday in August,] August 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1, and that he does not claim the exemption in any other county within this state.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or
(c) A certificate from the Veterans Administration which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5.
7. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
8. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
Sec. 3. NRS 361.155 is hereby amended to read as follows:
361.155 Except as otherwise provided for a specific exemption, all claims for tax exemptions on real property must be filed on or before [the 1st Monday in] August 1 of the year preceding the year for which the [exemption is claimed.]
κ1983 Statutes of Nevada, Page 474 (CHAPTER 205, SB 294)κ
which the [exemption is claimed.] tax is levied. All exemptions provided for under this chapter apply on a fiscal year basis and any exemption granted under this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
________
Senate Bill No. 285Senator Gibson
CHAPTER 206
AN ACT relating to taxation; extending the period for a refund of taxes covered by any audit; and providing other matters properly relating thereto.
[Approved May 3, 1983]
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:
Any amount determined to be refundable by the department after an audit must be refunded or credited to any amount due from the taxpayer.
Sec. 2. NRS 365.420 is hereby amended to read as follows:
365.420 [All applications] Except as provided in section 1 of this act, all:
1. Applications for refund based upon exportation of motor vehicle fuel from this state [shall] must be filed with the department within 3 months from the date of exportation. [All other]
2. Other applications, together with the necessary supporting evidence, [shall] must be filed with the department within 6 months from the date of purchase. [All rights]
3. Rights to refunds [shall be] are forfeited if applications are not filed with the department within the times [herein] prescribed [.] in this section.
Sec. 3. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed under this chapter, the excise tax, penalty or interest [shall] must be refunded to the person paying the same. [Written] Except as provided in section 1 of this act, a written application for refund, stating the specific grounds therefor, [shall] must be made within 28 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds [shall] must be made to a successor, assignee, estate or heir of such person if written application is made within the time limit.
3. Any amount determined to be refundable by the department [shall] must be refunded or credited to any amounts then due [and payable] from the special fuel dealer or special fuel user to whom the refund is due.
κ1983 Statutes of Nevada, Page 475 (CHAPTER 206, SB 285)κ
payable] from the special fuel dealer or special fuel user to whom the refund is due.
4. All amounts refunded under the provisions of this chapter [shall] must be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain month may apply for a special fuel tax refund or apply credit in lieu of refund to succeeding reports.
6. Temporary special fuel licensees are eligible for special fuel tax refunds in the manner provided by [rules and] the regulations of the department.
Sec. 4. NRS 372.635 is hereby amended to read as follows:
372.635 Except as provided in section 1 of this act:
1. No refund may be allowed unless a claim for it is filed with the department within 3 years from the last day of the month following the close of the period for which the overpayment was made, or, with respect to determinations made under NRS 372.400 to 372.455, inclusive, within 6 months after the determinations become final, or within 6 months from the date of overpayment, whichever period expires later.
2. No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to NRS 372.430.
Sec. 5. NRS 374.640 is hereby amended to read as follows:
374.640 Except as provided in section 1 of this act:
1. No refund may be allowed unless a claim for it is filed with the department within 3 years from the last day of the month following the close of the period for which the overpayment was made, or, with respect to determinations made under NRS 374.405 to 374.460, inclusive, within 6 months after the determinations become final, or within 6 months from the date of overpayment, whichever period expires later.
2. No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to NRS 374.435.
________
κ1983 Statutes of Nevada, Page 476κ
Senate Bill No. 170Committee on Taxation
CHAPTER 207
AN ACT relating to taxation; imposing a tax on lodging to support the department of economic development; and providing other matters properly relating thereto.
[Approved May 4, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The fund for the promotion of tourism is hereby created as a special revenue fund. The money in the fund is hereby appropriated for the support of the department.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. 1. In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the board of county commissioners in each county shall impose a tax at the rate of 1 percent of the gross receipts from the rental of lodging in that county upon all persons in the business of providing lodging.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 244.335.
Sec. 4. The proceeds of the tax imposed pursuant to section 3 of this act must be distributed as follows:
1. Three-eighths of all proceeds of the tax must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.
2. Five-eighths of all proceeds of the tax must be deposited with the county fair and recreation board created pursuant to NRS 244A.597 and NRS 244A.598 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.
Sec. 5. The proceeds of the tax imposed pursuant to section 3 of this act may not be used:
1. As additional security for the payment of, or to redeem, any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive.
2. To defray the costs of collecting or administering the tax incurred by the county fair and recreation board.
3. To operate and maintain recreational facilities under the jurisdiction of the county fair and recreation board.
4. To improve and expand recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive.
5. To construct, purchase or acquire such recreational facilities.
Sec. 6. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 9, inclusive, of this act.
κ1983 Statutes of Nevada, Page 477 (CHAPTER 207, SB 170)κ
Sec. 7. 1. In addition to any other license fee or tax imposed on the revenues from the rental of transient lodging, the city council or other governing body of each incorporated city or town shall impose a tax at the rate of 1 percent of the gross receipts from the rental of lodging in that city or town upon all persons in the business of providing lodging.
2. The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.
Sec. 8. The proceeds of the tax imposed pursuant to section 7 of this act must be distributed as follows:
1. Three-eighths of all proceeds of the tax must be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism.
2. Five-eighths of all proceeds of the tax must be deposited with the county fair and recreation board created pursuant to NRS 244A.597 and NRS 244A.598 or, if no such board is created, with the city council or other governing body of the incorporated city or town to be used to advertise the resources of that county or incorporated city or town related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.
Sec. 9. The proceeds of the tax imposed pursuant to section 7 of this act may not be used:
1. As additional security for the payment of, or to redeem, any general obligation bonds issued pursuant to NRS 244A.597 to 244A.598, inclusive.
2. To defray the costs of collecting or administering the tax incurred by the county fair and recreation board.
3. To operate and maintain recreational facilities under the jurisdiction of the county fair and recreation board.
4. To improve and expand recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive.
5. To construct, purchase or acquire such recreational facilities.
Sec. 10. This act shall become effective 5 days after passage and approval.
________
κ1983 Statutes of Nevada, Page 478κ
Assembly Bill No. 432Assemblymen Banner and Thompson
CHAPTER 208
AN ACT relating to industrial insurance; removing requirement of indigency for representation by the state industrial attorney; and providing other matters properly relating thereto.
[Approved May 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.2535 is hereby amended to read as follows:
616.2535 1. Any claimant may request the appointment of the state industrial attorney to represent him. The request [shall] must be made in writing . [and accompanied by the claimants affidavit stating that he is financially unable to employ private counsel.]
2. The appeals officer shall consider [the application] each request within a reasonable time and shall make [such further] any inquiry as he deems necessary. If the appeals officer finds that the claimant [is financially unable to employ private counsel and that the claimant] would be better served by legal representation in his case, the appeals officer [may] shall appoint the state industrial attorney to represent him.
________
Assembly Bill No. 433Assemblymen Banner and Thompson
CHAPTER 209
AN ACT relating to industrial insurance; prohibiting an employer from requiring an employee to waive the confidentiality of his medical records; and providing other matters properly relating thereto.
[Approved May 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.360 is hereby amended to read as follows:
616.360 1. Whenever any accident occurs to any employee, he shall forthwith report the accident and the injury resulting therefrom to his employer.
2. When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer may furnish the names, addresses and telephone numbers of one or more physicians, but may not require the employee to select any particular physician. Thereupon, the examining physician shall report forthwith to the employer and to the insurer the character and extent of the injury. The employer shall not require the employee to disclose or permit the disclosure of any other information concerning his physical condition.
κ1983 Statutes of Nevada, Page 479 (CHAPTER 209, AB 433)κ
employer shall not require the employee to disclose or permit the disclosure of any other information concerning his physical condition.
3. Further medical attention, except as otherwise provided in NRS 616.415, must be authorized by the insurer.
4. This section does not prohibit an employer from requiring the employee to submit to an examination by a physician specified by the employer at any convenient time after medical attention which is required immediately has been completed.
________
Assembly Bill No. 402Committee on Government Affairs
CHAPTER 210
AN ACT relating to the public employees retirement system; making various administrative changes; changing the maximum amount which may be earned by retired employees; requiring contributions on any award of back pay; and providing other matters properly relating thereto.
[Approved May 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.410 is hereby amended to read as follows:
286.410 1. The employee contribution rate is 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members.
2. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board. The contributions must be paid on compensation earned by a member from his first day of service.
3. Any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute the additional contributions required of police officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemens retirement fund, if employment in this position occurred prior to July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemens retirement fund, if employment occurs later.
4. [The] Except as provided in NRS 286.430, the system shall guarantee to each member the return of at least the total employee contributions which the member has made and which [was] were credited to his individual account. These contributions may be returned to the member, his estate or beneficiary or a combination thereof in monthly benefits, a lump sum refund or both.
5. Disabled members who are injured on the job and receive industrial insurance benefits for temporary total disability shall remain contributing members of the system for the duration of such benefits if and while the public employer continues to pay the difference between these benefits and his regular compensation. The public employer shall pay the employer contributions on these benefits.
κ1983 Statutes of Nevada, Page 480 (CHAPTER 210, AB 402)κ
Sec. 2. NRS 286.430 is hereby amended to read as follows:
286.430 1. A member may withdraw the employee contributions credited to his individual account if:
(a) He has terminated service for which contribution is required; or
(b) He is employed in a position for which contribution is prohibited.
2. The system shall not refund these contributions until it has received:
(a) A properly completed application for refund;
(b) A notice of termination from the members public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited; and
(c) Except as otherwise provided in subsection 3, all contributions withheld from such members compensation.
3. [A refund of a members contributions may be made before receipt by the system of all contributions withheld from a members compensation if the members public employer certifies to the amount of contributions withheld but not yet remitted to the system and to such public employers responsibility for such remittance.
4.] If a member submits an application for a refund of his contributions before all of his contributions which were withheld have been remitted, the system may refund the portion of his contributions which it has received.
4. If it is determined, after the system has refunded the contributions of a member, that an additional amount of less than $10 is due to him, a refund of that amount need not be paid.
5. Refunds, pursuant to this section, must be made by check mailed to the address specified by a member in his application for refund.
[5.] 6. The system shall transfer all money retained pursuant to subsection 4 and the amount of any unclaimed refund checks to the public employees retirement fund or the police and firemens retirement fund.
7. All membership rights and active service credit in the system, including service for which the public employer paid the employee contributions, are canceled upon the withdrawal of contributions from a members account.
[6. Any member whose employment is involuntarily terminated and who is thereafter reinstated retroactively to employment with a participating public employer by order of any administrative or judicial authority, or by the terms of any settlement agreement, so that there is no effective break in his service shall repay to the system all employee contributions withdrawn pursuant to subsection 1, together with interest on that amount from the date of withdrawal to the date of repayment at the assumed investment income rate used in the most recent actuarial valuation of the system. The members public employer shall deduct from any back pay awarded or granted to the member all of employee contributions withdrawn by the member together with the required interest and forward this amount to the system. If the amount of back pay awarded or granted to the member is not sufficient to